112TH CONGRESS HOUSE OF REPRESENTATIVES REPORT

2d Session 112—___

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 

2013 

________, 2012.—Ordered to be printed

Mr. McKeon, from the committee of conference, 

submitted the following

CONFERENCE REPORT

[To accompany H.R. 4310]

The committee of conference on the disagreeing votes of the two 

Houses on the amendment of the Senate to the bill (H.R. 4310), 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, having met, after 

full and free conference, have agreed to recommend and do recommend 

to their respective Houses as follows:

That the House recede from its disagreement to the amendment of 

the Senate and agree to the same with an amendment as follows:

In lieu of the matter proposed to be inserted by the Senate 

amendment, insert the following: 
1 SECTION 1. SHORT TITLE. 

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

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

5 CONTENTS. 

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

8 (1) Division A—Department of Defense Au9 thorizations. 

10 (2) Division B—Military Construction Author11 izations. 

12 (3) Division C—Department of Energy Na13 tional Security Authorizations and Other Authoriza14 tions. 

15 (4) Division D—Funding Tables. 

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

17 this Act is as follows:

Sec. 1. Short title. 

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

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

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

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


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Subtitle C—Navy Programs 

Sec. 121. 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. 

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. 


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Sec. 212. Extension of limitation on availability of funds for Unmanned Carrier-launched 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. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 


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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 depotlevel 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. 


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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. 

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. 


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Sec. 507. Modification to limitations on number of officers for whom servicein-grade 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 

pre-separation 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. 


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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. 

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


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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. 


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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 PostDeployment/Mobilization Respite Absence program due to Government error. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

reserve forces. 

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

health care professionals. 

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

officers. 

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

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

37 bonuses and special pays. 

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

in the Selected Reserve. 

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

ease personnel shortages. 

Subtitle C—Travel and Transportation Allowances 

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. 


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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. 

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. 


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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. 


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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. 

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. 


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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. 


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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. 


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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. 

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 

Counter-Drug Activities, Defense-wide account. 

Sec. 1010. Extension of authority to support unified counter-drug and 

counterterrorism campaign in Colombia. 


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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. 

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. 


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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. 


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Sec. 1071. Study on the ability of national test and evaluation capabilities to 

support the maturation of hypersonic technologies for future 

defense systems development. 

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. 


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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. 

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. 


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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. 


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Sec. 1282. Briefings on dialogue between the United States and the Russian 

Federation on nuclear arms, missile defense systems, and longrange 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 


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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. 

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. 


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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


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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. 


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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. 

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. 


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TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Subtitle A—Project Authorizations and Authorization of Appropriations 

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

projects. 

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

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

and land acquisition projects. 

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

projects. 

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

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. 

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 


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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. 


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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. 

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 


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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. 

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. 


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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. 


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TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Sec. 4701. Department of Energy National Security programs.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

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

5 DIVISION A—DEPARTMENT OF 

6 DEFENSE AUTHORIZATIONS 

7 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. 


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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.

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

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

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

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

8 Subtitle B—Army Programs 

9 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

10 ARMY CH–47 HELICOPTERS. 

11 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—

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

13 the Secretary of the Army may enter into one or more 

14 multiyear contracts, beginning with the fiscal year 2013 

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

16 47F helicopters. 


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

3 shall provide that any obligation of the United States to 

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

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

7 SEC. 112. REPORTS ON AIRLIFT REQUIREMENTS OF THE 

8 ARMY. 

9 (a) REPORTS.—

10 (1) INITIAL REPORT.—Not later than March 

11 31, 2013, the Secretary of the Army shall submit to 

12 the congressional defense committees a report de13 scribed in paragraph (3). 

14 (2) ANNUAL REPORTS.—Not later than October 

15 31, 2013, and each year thereafter through 2017, 

16 the Secretary shall submit to the congressional de17 fense committees a report described in paragraph 

18 (3). 

19 (3) REPORT DESCRIBED.—A report described 

20 in this paragraph is a report on the time-sensitive or 

21 mission-critical airlift requirements of the Army. 

22 (b) MATTERS INCLUDED.—The reports submitted 

23 under subsection (a) shall include, with respect to the fis24 cal year before the fiscal year in which the report is sub25 mitted, the following information: 


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1 (1) The total number of time-sensitive or mis2 sion-critical airlift movements required for training, 

3 steady-state, and contingency operations. 

4 (2) The total number of time-sensitive or mis5 sion-critical airlift sorties executed for training, 

6 steady-state, and contingency operations. 

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

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

9 operated using each of—

10 (A) aircraft of the Army; 

11 (B) aircraft of the Air Force; 

12 (C) aircraft of contractors; and 

13 (D) aircraft of other organizations not de14 scribed in subparagraph (A), (B), or (C). 

15 (4) For each sortie described under subpara16 graph (A), (C), or (D) of paragraph (3), an expla17 nation for why the Secretary did not use aircraft of 

18 the Air Force to support the mission. 

19 Subtitle C—Navy Programs 

20 SEC. 121. EXTENSION OF FORD CLASS AIRCRAFT CARRIER 

21 CONSTRUCTION AUTHORITY. 

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

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

24 364; 120 Stat. 2104), as amended by section 124 of the 

25 National Defense Authorization Act for Fiscal Year 2012 


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

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

3 years’’. 

4 SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR5 GINIA CLASS SUBMARINE PROGRAM. 

6 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—

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

8 the Secretary of the Navy may enter into one or more 

9 multiyear contracts, beginning with the fiscal year 2014 

10 program year, for the procurement of Virginia class sub11 marines and Government-furnished equipment associated 

12 with the Virginia class submarine program. 

13 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

14 Secretary may enter into one or more contracts, beginning 

15 in fiscal year 2013, for advance procurement associated 

16 with the vessels and equipment for which authorization to 

17 enter into a multiyear procurement contract is provided 

18 under subsection (a). 

19 (c) CONDITION FOR OUT-YEAR CONTRACT PAY20 MENTS.—A contract entered into under subsection (a) 

21 shall provide that any obligation of the United States to 

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

23 fiscal year 2013 is subject to the availability of appropria24 tions or funds for that purpose for such later fiscal year. 


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1 (d) LIMITATION ON TERMINATION LIABILITY.—A 

2 contract for the construction of vessels or equipment en3 tered into in accordance with subsection (a) shall include 

4 a clause that limits the liability of the United States to 

5 the contractor for any termination of the contract. The 

6 maximum liability of the United States under the clause 

7 shall be the amount appropriated for the vessels or equip8 ment covered by the contract. Additionally, in the event 

9 of cancellation, the maximum liability of the United States 

10 shall include the amount of the unfunded cancellation ceil11 ing in the contract. 

12 (e) AUTHORITY TO EXPAND MULTIYEAR PROCURE13 MENT.—The Secretary may employ incremental funding 

14 for the procurement of Virginia class submarines and Gov15 ernment-furnished equipment associated with the Virginia 

16 class submarines to be procured during fiscal years 2013 

17 through 2018 if the Secretary—

18 (1) determines that such an approach will per19 mit the Navy to procure an additional Virginia class 

20 submarine in fiscal year 2014; and 

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


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1 SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR 

2 ARLEIGH BURKE CLASS DESTROYERS AND 

3 ASSOCIATED SYSTEMS. 

4 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—

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

6 the Secretary of the Navy may enter into one or more 

7 multiyear contracts, beginning with the fiscal year 2013 

8 program year, for the procurement of up to 10 Arleigh 

9 Burke class Flight IIA guided missile destroyers, as well 

10 as the Aegis weapon systems, MK 41 vertical launching 

11 systems, and commercial broadband satellite systems asso12 ciated with such vessels. 

13 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

14 Secretary may enter into one or more contracts, beginning 

15 in fiscal year 2013, for advance procurement associated 

16 with the vessels and systems for which authorization to 

17 enter into a multiyear procurement contract is provided 

18 under subsection (a). 

19 (c) CONDITION FOR OUT-YEAR CONTRACT PAY20 MENTS.—A contract entered into under subsection (a) 

21 shall provide that any obligation of the United States to 

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

23 fiscal year 2013 is subject to the availability of appropria24 tions or funds for that purpose for such later fiscal year. 


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1 SEC. 124. LIMITATION ON AVAILABILITY OF AMOUNTS FOR 

2 SECOND FORD CLASS AIRCRAFT CARRIER. 

3 (a) LIMITATION.—Of the funds authorized to be ap4 propriated or otherwise made available for fiscal year 2013 

5 for shipbuilding and conversion for the second Ford class 

6 aircraft carrier, not more than 50 percent may be obli7 gated or expended until the Secretary of the Navy submits 

8 to the congressional defense committees a report setting 

9 forth a description of the program management and cost 

10 control measures that will be employed in constructing the 

11 second Ford class aircraft carrier. 

12 (b) ELEMENTS.—The report described in subsection 

13 (a) shall include a plan with respect to the Ford class air14 craft carriers to—

15 (1) maximize planned work in shops and early 

16 stages of construction; 

17 (2) sequence construction of structural units to 

18 maximize the effects of lessons learned; 

19 (3) incorporate design changes to improve 

20 producibility for the Ford class aircraft carriers; 

21 (4) increase the size of erection units to elimi22 nate disruptive unit breaks and improve unit align23 ment and fairness; 

24 (5) increase outfitting levels for assembled units 

25 before erection in the dry dock; 


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1 (6) increase overall ship completion levels at 

2 each key construction event; 

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

4 to improved productivity; and 

5 (8) ensure the shipbuilder initiates plans that 

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

9 (A) increasing the amount of temporary 

10 and permanent covered work areas; 

11 (B) adding ramps and service towers for 

12 improved access to work sites and the dry dock; 

13 and 

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

17 SEC. 125. REFUELING AND COMPLEX OVERHAUL OF THE 

18 U.S.S. ABRAHAM LINCOLN. 

19 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—

20 Of the funds authorized to be appropriated for fiscal year 

21 2013 by section 101 and available for shipbuilding and 

22 conversion as specified in the funding table in section 

23 4101, $1,517,292,000 is authorized to be available for the 

24 commencement of the nuclear refueling and complex over25 haul of the U.S.S. Abraham Lincoln (CVN–72) during fisVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 cal year 2013. The amount authorized to be made avail2 able in the preceding sentence is the first increment in 

3 the two-year sequence of incremental funding planned for 

4 the nuclear refueling and complex overhaul of that vessel. 

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

6 Navy may enter into a contract during fiscal year 2013 

7 for the nuclear refueling and complex overhaul of the 

8 U.S.S. Abraham Lincoln. 

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

11 shall provide that any obligation of the United States to 

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

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

15 SEC. 126. DESIGNATION OF MISSION MODULES OF THE LIT16 TORAL COMBAT SHIP AS A MAJOR DEFENSE 

17 ACQUISITION PROGRAM. 

18 (a) DESIGNATION REQUIRED.—The Secretary of De19 fense shall—

20 (1) designate the effort to develop and produce 

21 all variants of the mission modules in support of the 

22 Littoral Combat Ship program as a major defense 

23 acquisition program under section 2430 of title 10, 

24 United States Code; and 


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1 (2) with respect to the development and produc2 tion of each such variant, submit to the congres3 sional defense committees a report setting forth such 

4 cost, schedule, and performance information as 

5 would be provided if such effort were a major de6 fense acquisition program, including Selected Acqui7 sition Reports, unit cost reports, and program base8 lines. 

9 (b) ADDITIONAL QUARTERLY REPORTS.—The Sec10 retary shall submit to the congressional defense commit11 tees on a quarterly basis a report on the development and 

12 production of each variant of the mission modules in sup13 port of the Littoral Combat Ship, including cost, schedule, 

14 and performance, and identifying actual and potential 

15 problems with such development or production and poten16 tial mitigation plans to address such problems. 

17 SEC. 127. REPORT ON LITTORAL COMBAT SHIP DESIGNS. 

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

19 the Navy shall submit to the congressional defense com20 mittees a report on the designs of the Littoral Combat 

21 Ship, including comparative cost and performance infor22 mation for both designs of such ship. 


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1 SEC. 128. COMPTROLLER GENERAL REVIEW OF LITTORAL 

2 COMBAT SHIP PROGRAM. 

3 (a) ACCEPTANCE OF LCS–1 AND LCS–2.—The 

4 Comptroller General of the United States shall conduct 

5 a review of the compliance of the Secretary of the Navy 

6 with subpart 246.5 of title 48 of the Code of Federal Reg7 ulations and subpart 46.5 of the Federal Acquisition Reg8 ulation in accepting the LCS–1 and LCS–2 Littoral Com9 bat Ships. 

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

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

12 Comptroller General shall submit to the congressional de13 fense committees a report on the operational support and 

14 sustainment strategy for the Littoral Combat Ship pro15 gram, including manning, training, maintenance, and lo16 gistics support. 

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

18 review under subsection (a) and the report under sub19 section (b), the Secretary of Defense shall ensure that the 

20 Comptroller General has access to—

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

22 (2) all relevant communications between De23 partment officials, whether such communications oc24 curred inside or outside the Federal Government. 


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1 SEC. 129. SENSE OF CONGRESS ON IMPORTANCE OF ENGI2 NEERING IN EARLY STAGES OF SHIP3 BUILDING. 

4 It is the sense of Congress that—

5 (1) placing a priority on engineering dollars in 

6 the early stages of shipbuilding programs is a vital 

7 component of keeping cost down; and 

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

9 take appropriate steps to prioritize early engineering 

10 in large ship construction including amphibious class 

11 ships beginning with the LHA–8. 

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

13 BALLISTIC SUBMARINES. 

14 It is the sense of Congress that—

15 (1) the continuous at-sea deterrence provided 

16 by a robust and modern fleet of nuclear-powered bal17 listic missile submarines is critical to maintaining 

18 nuclear deterrence and assurance and therefore is a 

19 central pillar of the national security of the United 

20 States; 

21 (2) the Navy should—

22 (A) carry out a program to replace the 

23 Ohio class ballistic missile submarines; 

24 (B) ensure that the first such replacement 

25 submarine is delivered and fully operational by 


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1 not later than 2031 in order to maintain con2 tinuous at-sea deterrence; and 

3 (C) develop a risk mitigation plan to en4 sure that robust continuous at-sea deterrence is 

5 provided during the transition from Ohio class 

6 ballistic missile submarines to the replacement 

7 submarines; and 

8 (3) a minimum of 12 replacement ballistic mis9 sile submarines are necessary to provide continuous 

10 at-sea deterrence over the lifetime of such sub11 marines and, therefore, the Navy should carry out a 

12 program to produce 12 such submarines. 

13 SEC. 131. SENSE OF CONGRESS ON MARINE CORPS AMPHIB14 IOUS LIFT AND PRESENCE REQUIREMENTS. 

15 (a) FINDINGS.—Congress finds the following: 

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

17 leverages maneuver from the sea as a force multi18 plier allowing for a variety of operational tasks rang19 ing from major combat operations to humanitarian 

20 assistance. 

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

22 embarked upon naval vessels, they bring all the lo23 gistic support necessary for the full range of military 

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1 quire no third-party host nation permission to con2 duct military operations. 

3 (3) The Navy has a requirement for 38 amphib4 ious assault ships to meet this full range of military 

5 operations. 

6 (4) Due only to fiscal constraints, that require7 ment of 38 vessels was reduced to 33 vessels, which 

8 adds military risk to future operations. 

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

10 minimal requirement of 30 operationally available 

11 vessels and has submitted a shipbuilding and ship 

12 retirement plan to Congress that will reduce the 

13 force to 28 vessels. 

14 (6) Experience has shown that early engineer15 ing and design of naval vessels has significantly re16 duced the acquisition costs and life-cycle costs of 

17 those vessels. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that—

20 (1) the Department of Defense should carefully 

21 evaluate the maritime force structure necessary to 

22 execute demand for forces by the commanders of the 

23 combatant commands; 


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1 (2) the Navy should carefully evaluate amphib2 ious lift capabilities to meet current and projected 

3 requirements; 

4 (3) the Navy should consider prioritization of 

5 investment in and procurement of the next genera6 tion of amphibious assault ships as a component of 

7 the balanced battle force; 

8 (4) the next generation amphibious assault 

9 ships should maintain survivability protection; 

10 (5) operation and maintenance requirements 

11 analysis, as well as the potential to leverage a com12 mon hull form design, should be considered to re13 duce total ownership cost and acquisition cost; and 

14 (6) maintaining a robust amphibious ship build15 ing industrial base is vital for the future of the na16 tional security of the United States. 

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

18 NAVY FISCAL YEAR 2014 BUDGET REQUEST 

19 FOR TACTICAL AVIATION AIRCRAFT. 

20 It is the sense of the Senate that, if the budget re21 quest of the Department of the Navy for fiscal year 2014 

22 for F–18 aircraft includes a request for funds for more 

23 than 13 new F–18 aircraft, the budget request of the De24 partment of the Navy for fiscal year 2014 for F–35 air25 craft should include a request for funds for not fewer than 


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1 six F–35B aircraft and four F–35C aircraft, presuming 

2 that development, testing, and production of the F–35 air3 craft are proceeding according to current plans. 

4 Subtitle D—Air Force Programs 

5 SEC. 141. REDUCTION IN NUMBER OF AIRCRAFT REQUIRED 

6 TO BE MAINTAINED IN STRATEGIC AIRLIFT 

7 AIRCRAFT INVENTORY. 

8 (a) REDUCTION IN INVENTORY REQUIREMENT.—

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

10 amended by adding at the end the following new sentence: 

11 ‘‘Effective on the date that is 45 days after the date on 

12 which the report under section 141(c)(3) of the National 

13 Defense Authorization Act for Fiscal Year 2013 is sub14 mitted to the congressional defense committees, the Sec15 retary shall maintain a total aircraft inventory of strategic 

16 airlift aircraft of not less than 275 aircraft.’’. 

17 (b) MODIFICATION OF CERTIFICATION REQUIRE18 MENT.—Section 137(d)(3)(B) of the National Defense 

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

20 84; 123 Stat. 2221) is amended by striking ‘‘316 strategic 

21 airlift aircraft’’ and inserting ‘‘275 strategic airlift air22 craft’’. 

23 (c) MOBILITY REQUIREMENTS AND CAPABILITIES

24 STUDY 2018.—


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1 (1) IN GENERAL.—The Director of Cost Assess2 ment and Program Evaluation and the Chairman of 

3 the Joint Chiefs of Staff, in coordination with the 

4 Commander of the United States Transportation 

5 Command and the Secretaries of the military de6 partments, shall jointly conduct a study that as7 sesses the end-to-end, full-spectrum mobility require8 ments for all aspects of the National Military Strat9 egy derived from the National Defense Strategy that 

10 is a result of the 2012 Defense Strategic Guidance 

11 published by the President in February 2012 and 

12 other planning documents of the Department of De13 fense. 

14 (2) MATTERS INCLUDED.—The study under 

15 paragraph (1) shall include the following: 

16 (A) A definition of what combinations of 

17 air mobility, sealift, surface movements, 

18 prepositioning, forward stationing, seabasing, 

19 engineering, and infrastructure requirements 

20 and capabilities provide low, moderate, signifi21 cant and high levels of operational risk to meet 

22 the National Military Strategy. 

23 (B) A description and analysis of the as24 sumptions made by the Commander of the 

25 United States Transportation Command with 


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1 respect to aircraft usage rates, aircraft mission 

2 availability rates, aircraft mission capability 

3 rates, aircrew ratios, aircrew production, and 

4 aircrew readiness rates. 

5 (C) An analysis of different combinations 

6 of air mobility, sealift, surface movements, 

7 prepositioning, forward stationing, seabasing, 

8 engineering, and infrastructure requirements 

9 and capabilities required to support theater and 

10 tactical deployment and distribution, includ11 ing—

12 (i) the identification, quantification, 

13 and description of the associated oper14 ational risk (as defined by the Military 

15 Risk Matrix in the Chairman of the Joint 

16 Chiefs of Staff Instruction 3401.01E) for 

17 each excursion as it relates to the combat18 ant commander achieving strategic and 

19 operational objectives; and 

20 (ii) any assumptions made with re21 spect to the availability of commercial air22 lift and sealift capabilities and resources 

23 when applicable. 

24 (D) A consideration of metrics developed 

25 during the most recent operational availability 


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1 assessment and joint forcible entry operations 

2 assessment. 

3 (E) An assessment of requirements and ca4 pabilities for major combat operations, lesser 

5 contingency operations as specified in the Base6 line Security Posture of the Department of De7 fense, homeland defense, defense support to ci8 vilian authorities, other strategic missions re9 lated to national missions, global strike, the 

10 strategic nuclear mission, and direct support 

11 and time-sensitive airlift missions of the mili12 tary departments. 

13 (F) An examination, including a discussion 

14 of the sensitivity of any related conclusions and 

15 assumptions, of the variations regarding alter16 native modes (land, air, and sea) and sources 

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

18 theater lift, and variations in forward basing, 

19 seabasing, prepositioning (afloat and ashore), 

20 air-refueling capability, advanced logistics con21 cepts, and destination theater austerity, based 

22 on the new global footprint and global presence 

23 initiatives. 


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1 (G) An identification of mobility capability 

2 gaps, shortfalls, overlaps, or excesses, includ3 ing—

4 (i) an assessment of associated risks 

5 with respect to the ability to conduct oper6 ations; and 

7 (ii) recommended mitigation strategies 

8 where possible. 

9 (H) An identification of mobility capability 

10 alternatives that mitigate the potential impacts 

11 on the logistic system, including—

12 (i) a consideration of traditional, non13 traditional, irregular, catastrophic, and dis14 ruptive challenges; and 

15 (ii) a description of how derived mo16 bility requirements and capabilities support 

17 the accepted balance of risk in addressing 

18 all five categories of such challenges. 

19 (I) The articulation of all key assumptions 

20 made in conducting the study with respect to—

21 (i) risk; 

22 (ii) programmed forces and infra23 structure; 

24 (iii) readiness, manning, and spares; 


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1 (iv) scenario guidance from defense 

2 planning scenarios and multi-service force 

3 deployments; 

4 (v) concurrency of major operations; 

5 (vi) integrated global presence and 

6 basing strategy; 

7 (vii) host nation or third-country sup8 port; 

9 (viii) use of weapons of mass destruc10 tion by an enemy; and 

11 (ix) aircraft being used for training or 

12 undergoing depot maintenance or mod13 ernization. 

14 (J) A description of the logistics concept of 

15 operations and assumptions, including any sup16 port concepts, methods, combat support forces, 

17 and combat service support forces that are re18 quired to enable the projection and enduring 

19 support to forces both deployed and in combat 

20 for each analytic scenario. 

21 (K) An assessment, and incorporation as 

22 necessary, of the findings, conclusions, capa23 bility gaps, and shortfalls derived from the 

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1 fense Authorization Act for Fiscal Year 2012 

2 (Public Law 112–81; 125 Stat. 1318). 

3 (3) SUBMISSION.—The Director of Cost Assess4 ment and Program Evaluation and the Chairman of 

5 the Joint Chiefs of Staff shall jointly submit to the 

6 congressional defense committees a report containing 

7 the study under paragraph (1). 

8 (4) FORM.—The report required by paragraph 

9 (3) shall be submitted in unclassified form, but may 

10 include a classified annex. 

11 (d) PRESERVATION OF CERTAIN RETIRED C–5 AIR12 CRAFT.—The Secretary of the Air Force shall preserve 

13 each C–5 aircraft that is retired by the Secretary during 

14 a period in which the total inventory of strategic airlift 

15 aircraft of the Secretary is less than 301, such that the 

16 retired aircraft—

17 (1) is stored in flyable condition; 

18 (2) can be returned to service; and 

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

20 unless specifically authorized by the Secretary of De21 fense upon a request by the Secretary of the Air 

22 Force. 

23 (e) DEFINITIONS.—In this section: 

24 (1) The term ‘‘mobility’’ means the—


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1 (A) deployment, sustainment, and rede2 ployment of the personnel and equipment need3 ed to execute the National Defense Strategy to 

4 air and seaports of embarkation, intertheater 

5 deployment to air and seaports of debarkation, 

6 and intratheater deployment to tactical assem7 bly areas; and 

8 (B) the employment of aerial refueling as9 sets and intratheater movement and infrastruc10 ture in support of deployment and sustainment 

11 of combat forces. 

12 (2) The term ‘‘National Military Strategy’’ 

13 means the National Military Strategy prescribed by 

14 the Chairman of the Joint Chiefs of Staff under sec15 tion 153 of title 10, United States Code. 

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

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

18 States Code, is amended by adding at the end the fol19 lowing new subsection: 

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

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

22 ‘‘(2) The Secretary shall maintain in a common capa23 bility configuration not less than 36 B–1 aircraft as com24 bat-coded aircraft. 


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1 ‘‘(3) In this subsection, the term ‘combat-coded air2 craft’ means aircraft assigned to meet the primary aircraft 

3 authorization to a unit for the performance of its wartime 

4 mission.’’. 

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

6 National Defense Authorization Act for Fiscal Year 2012 

7 (Public Law 112–81; 125 Stat. 1320) is amended by strik8 ing subsection (c). 

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

10 (a) LIMITATIONS.—

11 (1) AVIONICS MODERNIZATION PROGRAM.—The 

12 Secretary of the Air Force may not take any action 

13 to cancel or modify the avionics modernization pro14 gram for C–130 aircraft until a period of 90 days 

15 has elapsed after the date on which the Secretary 

16 submits to the congressional defense committees the 

17 cost-benefit analysis conducted under subsection 

18 (b)(1). 

19 (2) CNS/ATM PROGRAM.—

20 (A) IN GENERAL.—The Secretary may not 

21 take any action described in subparagraph (B) 

22 until a period of 90 days has elapsed after the 

23 date on which the Secretary submits to the con24 gressional defense committees the cost-benefit 

25 analysis conducted under subsection (b)(1). 


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1 (B) COVERED ACTIONS.—An action de2 scribed in this subparagraph is an action to 

3 begin an alternative communication, navigation, 

4 surveillance, and air traffic management pro5 gram for C–130 aircraft that is designed or in6 tended—

7 (i) to meet international communica8 tion, navigation, surveillance, and air traf9 fic management standards for the fleet of 

10 C–130 aircraft; or 

11 (ii) to replace the current avionics 

12 modernization program for the C–130 air13 craft. 

14 (b) COST-BENEFIT ANALYSIS.—

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

16 into an agreement with the Institute for Defense 

17 Analyses to conduct an independent cost-benefit 

18 analysis that compares the following alternatives: 

19 (A) Upgrading and modernizing the legacy 

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

21 modernization program. 

22 (B) Upgrading and modernizing the legacy 

23 C–130 airlift fleet using a reduced scope pro24 gram for avionics and mission planning sys25 tems. 


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

2 analysis conducted under paragraph (1) shall take 

3 into account—

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

5 (i) adopting each of the alternatives 

6 described in subparagraphs (A) and (B) of 

7 paragraph (1); and 

8 (ii) supporting C–130 aircraft that 

9 are not upgraded or modernized; and 

10 (B) the costs associated with the potential 

11 upgrades to avionics and mission systems that 

12 may be required for legacy C–130 aircraft to 

13 remain relevant and mission effective in the fu14 ture. 

15 SEC. 144. TREATMENT OF CERTAIN PROGRAMS FOR THE F–

16 22A RAPTOR AIRCRAFT AS MAJOR DEFENSE 

17 ACQUISITION PROGRAMS. 

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

19 treat the programs referred to in subsection (b) for the 

20 F–22A Raptor aircraft as a major defense acquisition pro21 gram for which Selected Acquisition Reports shall be sub22 mitted to Congress in accordance with the requirements 

23 of section 2432 of title 10, United States Code. 

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

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


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1 modernization Increment 3.2B and any future F–22A 

2 Raptor aircraft modernization program that would other3 wise, if a standalone program, qualify for treatment as 

4 a major defense acquisition program for purposes of chap5 ter 144 of title 10, United States Code. 

6 (c) OTHER REPORTS.—Not later than March 1 of 

7 each year, the Secretary of the Air Force shall submit to 

8 the congressional defense committees a report on the 

9 costs, schedules, and performances of the reliability and 

10 maintainability maturation program and the structural re11 pair program of the F–22A Raptor modernization pro12 gram, including a comparison of such costs, schedules, and 

13 performances to an appropriate baseline. 

14 Subtitle E—Joint and Multiservice 

15 Matters 

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

17 JOINT AIRCRAFT PROGRAM. 

18 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—

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

20 the Secretary of the Navy may enter into one or more 

21 multiyear contracts, beginning with the fiscal year 2013 

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

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

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


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

3 shall provide that any obligation of the United States to 

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

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

7 SEC. 152. PROCUREMENT OF SPACE-BASED INFRARED SYS8 TEMS SATELLITES. 

9 (a) CONTRACT AUTHORITY.—

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

11 Force may procure two space-based infrared systems 

12 satellites by entering into a fixed-price contract. 

13 Such procurement may also include—

14 (A) material and equipment in economic 

15 order quantities when cost savings are achiev16 able; and 

17 (B) cost-reduction initiatives. 

18 (2) USE OF INCREMENTAL FUNDING.—With re19 spect to a contract entered into under paragraph (1) 

20 for the procurement of space-based infrared systems 

21 satellites, the Secretary may use incremental funding 

22 for a period not to exceed six fiscal years. 

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

24 paragraph (1) shall provide that any obligation of 

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1 tract is subject to the availability of appropriations 

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

3 Government for termination of any contract entered 

4 into shall be limited to the total amount of funding 

5 obligated at the time of termination. 

6 (b) LIMITATION OF COSTS.—

7 (1) LIMITATION.—Except as provided by sub8 section (c), and excluding amounts described in 

9 paragraph (2), the total amount obligated or ex10 pended for the procurement of two space-based in11 frared systems satellites authorized by subsection (a) 

12 may not exceed $3,900,000,000. 

13 (2) EXCLUSION.—The amounts described in 

14 this paragraph are amounts associated with the fol15 lowing: 

16 (A) Plans. 

17 (B) Technical data packages. 

18 (C) Post delivery and program support 

19 costs. 

20 (D) Technical support for obsolescence 

21 studies. 

22 (c) WAIVER AND ADJUSTMENT TO LIMITATION

23 AMOUNT.—

24 (1) WAIVER.—In accordance with paragraph 

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1 section (b)(1) if the Secretary submits to the con2 gressional defense committees and the Permanent 

3 Select Committee on Intelligence of the House of 

4 Representatives written notification of the adjust5 ment made to the amount set forth in such sub6 section. 

7 (2) ADJUSTMENT.—Upon waiving the limita8 tion under paragraph (1), the Secretary may adjust 

9 the amount set forth in subsection (b)(1) by the fol10 lowing: 

11 (A) The amounts of increases or decreases 

12 in costs attributable to economic inflation after 

13 September 30, 2012. 

14 (B) The amounts of increases or decreases 

15 in costs attributable to compliance with changes 

16 in Federal, State, or local laws enacted after 

17 September 30, 2012. 

18 (C) The amounts of increases or decreases 

19 in costs of the satellites that are attributable to 

20 insertion of new technology into a space-based 

21 infrared system, as compared to the technology 

22 built into such a system procured prior to fiscal 

23 year 2013, if the Secretary determines, and cer24 tifies to the congressional defense committees, 

25 that insertion of the new technology is—


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1 (i) expected to decrease the life-cycle 

2 cost of the system; or 

3 (ii) required to meet an emerging 

4 threat that poses grave harm to national 

5 security. 

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

7 on which the Secretary awards a contract under sub8 section (a), the Secretary shall submit to the congressional 

9 defense committees and the Permanent Select Committee 

10 on Intelligence of the House of Representatives a report 

11 on such contract, including the following: 

12 (1) The total cost savings resulting from the 

13 authority provided by subsection (a). 

14 (2) The type and duration of the contract 

15 awarded. 

16 (3) The total contract value. 

17 (4) The funding profile by year. 

18 (5) The terms of the contract regarding the 

19 treatment of changes by the Federal Government to 

20 the requirements of the contract, including how any 

21 such changes may affect the success of the contract. 

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

23 paragraph (1) to improve the capability of overhead 

24 persistent infrared, including a description of—


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

2 from such cost savings; 

3 (B) the specific activities or subprograms 

4 to be funded by such cost savings and the 

5 funds, by year, allocated to each such activity 

6 or subprogram; 

7 (C) the objectives for each such activity or 

8 subprogram and the criteria used by the Sec9 retary to determine which such activity or sub10 program to fund; 

11 (D) the method in which such activities or 

12 subprograms will be awarded, including whether 

13 it will be on a competitive basis; and 

14 (E) the process for determining how and 

15 when such activities and subprograms would 

16 transition to an existing program or be estab17 lished as a new program of record. 

18 (e) USE OF FUNDS AVAILABLE FOR SPACE VEHICLE

19 NUMBERS 5 AND 6.—The Secretary may obligate and ex20 pend amounts authorized to be appropriated for fiscal year 

21 2013 by section 101 for procurement, Air Force, as speci22 fied in the funding table in section 4101 and available for 

23 the advanced procurement of long-lead parts and the re24 placement of obsolete parts for space-based infrared sys25 tem satellite space vehicle numbers 5 and 6. 


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1 (f) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Secretary should not enter into a fixed-price 

3 contract under subsection (a) for the procurement of two 

4 space-based infrared system satellites unless the Secretary 

5 determines that entering into such a contract will save the 

6 Air Force substantial savings, as required under section 

7 2306b of title 10, United States Code, over the cost of 

8 procuring two such satellites separately. 

9 SEC. 153. LIMITATION ON AVAILABILITY OF FUNDS FOR 

10 EVOLVED EXPENDABLE LAUNCH VEHICLE 

11 PROGRAM. 

12 (a) LIMITATION.—Of the funds authorized to be ap13 propriated by this Act or otherwise made available for fis14 cal year 2013 for the Air Force for the evolved expendable 

15 launch vehicle program, 10 percent may not be obligated 

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

17 Air Force submits to the appropriate congressional com18 mittees—

19 (1) a report describing the acquisition strategy 

20 for such program; and 

21 (2) written certification that such strategy—

22 (A) maintains assured access to space; 

23 (B) achieves substantial cost savings; and 

24 (C) provides opportunities for competition. 


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

3 (1) The anticipated savings to be realized under 

4 the acquisition strategy for the evolved expendable 

5 launch vehicle program. 

6 (2) The number of launch vehicle booster cores 

7 covered by the planned contract for such program. 

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

10 (4) An assessment of when new entrants that 

11 have submitted a statement of intent will be certified 

12 to compete for evolved expendable launch vehicle13 class launches. 

14 (5) The projected launch manifest, including 

15 possible opportunities for certified new entrants to 

16 compete for evolved expendable launch vehicle-class 

17 launches. 

18 (6) Any other relevant analysis used to inform 

19 the acquisition strategy for such program. 

20 (c) COMPTROLLER GENERAL.—

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

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

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

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


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

3 (A) submit to such committees a report on 

4 the review under paragraph (1); or 

5 (B) provide to such committees a briefing 

6 on such review. 

7 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

8 DEFINED.—In this section, the term ‘‘appropriate con9 gressional committees’’ means the following: 

10 (1) The congressional defense committees. 

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

14 SEC. 154. LIMITATION ON AVAILABILITY OF FUNDS FOR RE15 TIREMENT OF RQ–4 GLOBAL HAWK UN16 MANNED AIRCRAFT SYSTEMS. 

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

18 be appropriated by this Act or otherwise made available 

19 for fiscal year 2013 for the Department of Defense may 

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

21 place in storage an RQ–4 Block 30 Global Hawk un22 manned aircraft system. 

23 (b) MAINTAINED LEVELS.—During the period pre24 ceding December 31, 2014, in supporting the operational 

25 requirements of the combatant commands, the Secretary 


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1 of the Air Force shall maintain the operational capability 

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

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

4 Force during such period. 

5 SEC. 155. REQUIREMENT TO SET F–35 AIRCRAFT INITIAL 

6 OPERATIONAL CAPABILITY DATES. 

7 (a) F–35A.—Not later than June 1, 2013, the Sec8 retary of the Air Force shall—

9 (1) establish the initial operational capability 

10 date for the F–35A aircraft; and 

11 (2) submit to the congressional defense commit12 tees a report on the details of such initial oper13 ational capability. 

14 (b) F–35B AND F–35C.—Not later than June 1, 

15 2013, the Secretary of the Navy shall—

16 (1) establish the initial operational capability 

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

18 (2) submit to the congressional defense commit19 tees a report on the details of such initial oper20 ational capabilities for both variants. 

21 SEC. 156. SHALLOW WATER COMBAT SUBMERSIBLE PRO22 GRAM. 

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

24 the date of the enactment of this Act, the Assistant Sec25 retary of Defense for Special Operations and Low-IntenVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 sity Conflict, in coordination with the Commander of the 

2 United States Special Operations Command, shall submit 

3 to the congressional defense committees a report setting 

4 forth the following: 

5 (1) A description of all efforts under the Shal6 low Water Combat Submersible program and the 

7 United States Special Operations Command to im8 prove the accuracy of the tracking of the schedule 

9 and costs of the program. 

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

11 operational capability of the Shallow Water Combat 

12 Submersible, including details outlining and justi13 fying the revised baseline to the program. 

14 (3) Current cost estimates to meet the basis of 

15 issue requirement under the program. 

16 (4) An assessment of existing program risk 

17 through the completion of operational testing. 

18 (b) SUBSEQUENT REPORTS.—

19 (1) QUARTERLY REPORTS REQUIRED.—The As20 sistant Secretary, in coordination with the Com21 mander of the United States Special Operations 

22 Command, shall submit to the congressional defense 

23 committees on a quarterly basis updates on the 

24 schedule and cost performance of the contractor of 

25 the Shallow Water Combat Submersible program, inVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 cluding metrics from the earned value management 

2 system. 

3 (2) SUNSET.—The requirement in paragraph 

4 (1) shall cease on the date the Shallow Water Com5 bat Submersible has completed operational testing 

6 and has been found to be operationally effective and 

7 operationally suitable. 

8 SEC. 157. REQUIREMENT THAT TACTICAL MANNED INTEL9 LIGENCE, SURVEILLANCE, AND RECONNAIS10 SANCE AIRCRAFT AND UNMANNED AERIAL 

11 VEHICLES USE SPECIFIED STANDARD DATA 

12 LINK. 

13 (a) REQUIREMENT.—The Secretary of Defense shall 

14 take such steps as necessary to ensure that (except as 

15 specified in subsection (c)) all covered aircraft of the 

16 Army, Navy, Marine Corps, and Air Force are equipped 

17 and configured so that—

18 (1) the data link used by those vehicles is the 

19 Department of Defense standard tactical manned in20 telligence, surveillance, and reconnaissance aircraft 

21 and unmanned aerial vehicle data link known as the 

22 Common Data Link or a data link that uses wave23 form capable of transmitting and receiving Internet 

24 Protocol communications; and 


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1 (2) with respect to unmanned aerial vehicles, 

2 such vehicles use data formats consistent with the 

3 architectural standard known as STANAG 4586 

4 that was developed to facilitate multinational inter5 operability among NATO member nations. 

6 (b) SOLICITATIONS.—The Secretary of Defense shall 

7 ensure that any solicitation issued for a Common Data 

8 Link described in subsection (a), regardless of whether the 

9 solicitation is issued by a military department or a con10 tractor with respect to a subcontract—

11 (1) conforms to a Department of Defense speci12 fication standard, including interfaces and wave13 forms, existing as of the date of the solicitation; and 

14 (2) does not include any proprietary or undocu15 mented waveforms or control interfaces or data 

16 interfaces as a requirement or criterion for evalua17 tion. 

18 (c) WAIVER.—The Under Secretary of Defense for 

19 Acquisition, Technology, and Logistics may waive the ap20 plicability of this section to any covered aircraft if the 

21 Under Secretary determines, and certifies to the congres22 sional defense committees, that—

23 (1) it would be technologically infeasible or eco24 nomically unacceptable to apply this section to such 

25 aircraft; or 


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1 (2) such aircraft is under a special access pro2 gram that is not considered a major defense acquisi3 tion program. 

4 (d) COVERED AIRCRAFT DEFINED.—In this section, 

5 the term ‘‘covered aircraft’’ means—

6 (1) tactical manned intelligence, surveillance, 

7 and reconnaissance aircraft; and 

8 (2) unmanned aerial vehicles. 

9 (e) CONFORMING REPEAL.—Section 141 of the Na10 tional Defense Authorization Act for Fiscal Year 2006 

11 (Public Law 109–163; 119 Stat. 3163) is repealed. 

12 SEC. 158. STUDY ON SMALL ARMS AND SMALL-CALIBER AM13 MUNITION CAPABILITIES. 

14 (a) STUDY.—

15 (1) IN GENERAL.—Not later than 30 days after 

16 the date of the enactment of this Act, the Secretary 

17 of Defense shall enter into a contract with a feder18 ally funded research and development center to con19 duct a study on the requirements analysis and deter20 mination processes and capabilities of the Depart21 ment of Defense with respect to small arms and 

22 small-caliber ammunition that carries out each of 

23 the following: 

24 (A) A comparative evaluation of the cur25 rent military small arms in use by the Armed 


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1 Forces, including general purpose and special 

2 operations forces, and select military equivalent 

3 commercial candidates not necessarily in use 

4 militarily but currently available. 

5 (B) A comparative evaluation of the stand6 ard small-caliber ammunition of the Depart7 ment with other small-caliber ammunition alter8 natives. 

9 (C) An assessment of the current plans of 

10 the Department to modernize the small arms 

11 and small-caliber ammunition capabilities of the 

12 Department. 

13 (D) An assessment of the requirements 

14 analysis and determination processes of the De15 partment for small arms and small-caliber am16 munition. 

17 (2) FACTORS TO CONSIDER.—The study re18 quired under paragraph (1) shall take into consider19 ation the following factors: 

20 (A) Current and future operating environ21 ments, as specified or referred to in strategic 

22 guidance and planning documents of the De23 partment. 


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1 (B) Capability gaps identified in small 

2 arms and small-caliber ammunition capabilities 

3 based assessments of the Department. 

4 (C) Actions taken by the Secretary to ad5 dress capability gaps identified in any such ca6 pabilities based assessments. 

7 (D) Findings from studies of the Depart8 ment of Defense Small Arms and Small-Caliber 

9 Ammunition defense support team and actions 

10 taken by the Secretary in response to such find11 ings. 

12 (E) Findings from the assessment required 

13 by section 143 of the Duncan Hunter National 

14 Defense Authorization Act for Fiscal Year 2009 

15 (Public Law 110–417; 10 U.S.C. 2304 note) 

16 and actions taken by the Secretary in response 

17 to such findings. 

18 (F) Modifications and improvements re19 cently applied to small arms and small-caliber 

20 ammunition of the Armed Forces, including 

21 general purpose and special operations forces, 

22 as well as the potential for continued modifica23 tion and improvement. 

24 (G) Impacts to the small arms production 

25 industrial base and small-caliber ammunition 


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1 industrial base, if any, associated with changes 

2 from current U.S. or NATO standard caliber 

3 weapons or ammunition sizes. 

4 (H) Total life cycle costs of each small 

5 arms system and small-caliber ammunition, in6 cluding incremental increases in cost for indus7 trial facilitization or small arms and ammuni8 tion procurement, if any, associated with 

9 changes described in subparagraph (G). 

10 (I) Any other factor the federally funded 

11 research and development center considers ap12 propriate. 

13 (3) ACCESS TO INFORMATION.—The Secretary 

14 shall ensure that the federally funded research and 

15 development center conducting the study under 

16 paragraph (1) has access to all necessary data, 

17 records, analyses, personnel, and other resources 

18 necessary to complete the study. 

19 (b) REPORT.—

20 (1) IN GENERAL.—Not later than September 

21 30, 2013, the Secretary shall submit to the congres22 sional defense committees a report containing the re23 sults of the study conducted under subsection (a)(1), 

24 together with the comments of the Secretary on the 

25 findings contained in the study. 


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1 (2) CLASSIFIED ANNEX.—The report shall be in 

2 unclassified form, but may contain a classified 

3 annex. 

4 (c) SMALL ARMS DEFINED.—In this section, the 

5 term ‘‘small arms’’ means weapons assigned to and oper6 ated by an individual member of the Armed Forces, in7 cluding handguns, rifles and carbines (including sniper 

8 and designated marksman weapons), sub-machine guns, 

9 and light-machine guns. 

10 TITLE II—RESEARCH, DEVELOP11 MENT, TEST, AND EVALUA12 TION

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 Carrier-launched 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. 


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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.

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

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

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

7 in the funding table in section 4201. 


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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions 

4 SEC. 211. NEXT-GENERATION LONG-RANGE STRIKE BOMB5 ER AIRCRAFT NUCLEAR CERTIFICATION RE6 QUIREMENT. 

7 The Secretary of the Air Force shall ensure that the 

8 next-generation long-range strike bomber is—

9 (1) capable of carrying strategic nuclear weap10 ons as of the date on which such aircraft achieves 

11 initial operating capability; and 

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

13 than two years after such date. 

14 SEC. 212. EXTENSION OF LIMITATION ON AVAILABILITY OF 

15 FUNDS FOR UNMANNED CARRIER-LAUNCHED 

16 SURVEILLANCE AND STRIKE SYSTEM PRO17 GRAM. 

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

19 section 213 of the National Defense Authorization Act for 

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

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

22 year 2012’’. 

23 (b) TECHNOLOGY DEVELOPMENT PHASE.—Such sec24 tion is further amended by adding at the end the following 

25 new subsection: 


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1 ‘‘(d) TECHNOLOGY DEVELOPMENT AND PRELIMI2 NARY DESIGN PHASES.—

3 ‘‘(1) CONTRACTORS.—In accordance with para4 graph (2), the Secretary of the Navy may not reduce 

5 the number of prime contractors working on the Un6 manned Carrier-launched Surveillance and Strike 

7 system program to one prime contractor for the 

8 technology development phase of such program prior 

9 to the program achieving the preliminary design re10 view milestone. 

11 ‘‘(2) PRELIMINARY DESIGN REVIEW.—After the 

12 date on which the Unmanned Carrier-launched Sur13 veillance and Strike system program achieves the 

14 preliminary design review milestone, the Secretary 

15 may not reduce the number of prime contractors 

16 working on the program to one prime contractor 

17 until—

18 ‘‘(A) the preliminary design reviews of the 

19 program are completed; 

20 ‘‘(B) the Under Secretary of Defense for 

21 Acquisition, Technology, and Logistics assesses 

22 the completeness of the preliminary design re23 views of the program for each participating 

24 prime contractor; 


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1 ‘‘(C) the Under Secretary submits to the 

2 congressional defense committees a report that 

3 includes—

4 ‘‘(i) a summary of the assessment of 

5 the preliminary design reviews of the pro6 gram conducted under subparagraph (B); 

7 and 

8 ‘‘(ii) a certification that each prelimi9 nary design review of the program was 

10 complete and was not abbreviated when 

11 compared to preliminary design reviews 

12 conducted for other major defense acquisi13 tion programs consistent with the policies 

14 specified in Department of Defense In15 struction 5000.02; and 

16 ‘‘(D) a period of 30 days has elapsed fol17 lowing the date on which the Under Secretary 

18 submits the report under subparagraph (C).’’. 

19 (c) TECHNICAL AMENDMENT.—Such section is fur20 ther amended by striking ‘‘Future Unmanned Carrier21 based Strike System’’ each place it appears and inserting 

22 ‘‘Unmanned Carrier-launched Surveillance and Strike sys23 tem’’. 


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1 SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 MILESTONE A ACTIVITIES FOR AN ARMY ME3 DIUM RANGE MULTI-PURPOSE VERTICAL 

4 TAKEOFF AND LANDING UNMANNED AIR5 CRAFT SYSTEM. 

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

7 be appropriated by this Act or otherwise made available 

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

9 evaluation, Army, may be obligated or expended for Mile10 stone A activities with respect to a medium-range multi11 purpose vertical take-off and landing unmanned aircraft 

12 system until—

13 (1) the Chairman of the Joint Requirements 

14 Oversight Council certifies in writing to the appro15 priate congressional committees that the Joint Re16 quirements Oversight Council determines that—

17 (A) such system is required to meet a re18 quired capability or requirement validated by 

19 the Council; and 

20 (B) as of the date of the certification, an 

21 unmanned aircraft system in the operational in22 ventory of a military department that was se23 lected using competitive procedures cannot meet 

24 such capability or be modified to meet such ca25 pability in a more cost effective way; and 


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1 (C) the acquisition strategy for such a ca2 pability includes competitive procedures as a re3 quirement; and 

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

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

7 (b) DEFINITIONS.—In this section: 

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

10 (A) the Committee on Armed Services, the 

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

13 House of Representatives; and 

14 (B) the Committee on Armed Services, the 

15 Committee on Appropriations, and the Select 

16 Committee on Intelligence of the Senate. 

17 (2) The term ‘‘competitive procedures’’ has the 

18 meaning given that term in section 2302(2) of title 

19 10, United States Code. 

20 (3) The term ‘‘Milestone A activities’’ means, 

21 with respect to an acquisition program of the De22 partment of Defense—

23 (A) the distribution of request for pro24 posals; 


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1 (B) the selection of technology demonstra2 tion contractors; and 

3 (C) technology development. 

4 SEC. 214. USE OF FUNDS FOR CONVENTIONAL PROMPT 

5 GLOBAL STRIKE PROGRAM. 

6 (a) COMPETITIVE PROCEDURES.—Except as pro7 vided by subsection (b), the Secretary of Defense shall en8 sure that any funds authorized to be appropriated by this 

9 Act or otherwise made available for fiscal year 2013 for 

10 activities of the conventional prompt global strike program 

11 are obligated or expended using competitive solicitation 

12 procedures to involve industry as well as government part13 ners to the extent feasible. 

14 (b) WAIVER.—The Secretary may waive the require15 ment to use competitive solicitation procedures under sub16 section (a) if—

17 (1) the Secretary—

18 (A) determines that using such procedures 

19 is not feasible; and 

20 (B) notifies the congressional defense com21 mittees of such determination; and 

22 (2) a period of 5 days elapses after the date on 

23 which the Secretary makes such notification under 

24 paragraph (1)(B). 


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1 SEC. 215. NEXT GENERATION FOUNDRY FOR THE DEFENSE 

2 MICROELECTRONICS ACTIVITY. 

3 None of the funds authorized to be appropriated by 

4 this Act or otherwise made available for fiscal year 2013 

5 for research, development, test, and evaluation for the 

6 Next Generation Foundry for the Defense Microelec7 tronics Activity (PE #603720S) may be obligated or ex8 pended for that purpose until a period of 60 days has 

9 elapsed following the date on which the Assistant Sec10 retary of Defense for Research and Engineering—

11 (1) develops a microelectronics strategy as de12 scribed in the Senate report to accompany S. 1253 

13 of the 112th Congress (S. Rept. 112–26) and an es14 timate of the full life-cycle costs for the upgrade of 

15 the Next Generation Foundry; 

16 (2) develops an assessment regarding the man17 ufacturing capability of the United States to produce 

18 three-dimensional integrated circuits to serve na19 tional defense interests; and 

20 (3) submits to the congressional defense com21 mittees the strategy and cost estimate required by 

22 paragraph (1) and the assessment required by para23 graph (2). 

24 SEC. 216. ADVANCED ROTORCRAFT INITIATIVE. 

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

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


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1 of Defense for Acquisition, Technology, and Logistics 

2 shall, in consultation with the military departments and 

3 the Defense Advanced Research Projects Agency, submit 

4 to the congressional defense committees a report setting 

5 forth a strategy for the use of integrated platform design 

6 teams and agile prototyping approaches for the develop7 ment of advanced rotorcraft capabilities. 

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

9 (a) shall include the following: 

10 (1) Mechanisms for establishing agile proto11 typing practices and programs, including rotorcraft 

12 X-planes, and an identification of the resources re13 quired for such purposes. 

14 (2) The X-Plane Rotorcraft program of the De15 fense Advanced Research Projects Agency with per16 formance objectives beyond those of the Joint Multi17 role development program, including at least two 

18 competing teams. 

19 (3) Approaches, including potential competitive 

20 prize awards, to encourage the development of ad21 vanced rotorcraft capabilities to address challenge 

22 problems such as nap-of-earth automated flight, 

23 urban operation near buildings, slope landings, auto24 mated autorotation or power-off recovery, and auto25 mated selection of landing areas. 


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1 Subtitle C—Missile Defense 

2 Programs 

3 SEC. 221. PROHIBITION ON THE USE OF FUNDS FOR THE 

4 MEADS PROGRAM. 

5 None of the funds authorized to be appropriated by 

6 this Act or otherwise made available for fiscal year 2013 

7 for the Department of Defense may be obligated or ex8 pended for the medium extended air defense system. 

9 SEC. 222. AVAILABILITY OF FUNDS FOR IRON DOME SHORT10 RANGE ROCKET DEFENSE PROGRAM. 

11 Of the funds authorized to be appropriated for fiscal 

12 year 2013 by section 201 for research, development, test, 

13 and evaluation, Defense-wide, and available for the Missile 

14 Defense Agency, $211,000,000 may be provided to the 

15 Government of Israel for the Iron Dome short-range rock16 et defense program as specified in the funding table in 

17 section 4201. 

18 SEC. 223. AUTHORITY FOR RELOCATION OF CERTAIN AEGIS 

19 WEAPON SYSTEM ASSETS BETWEEN AND 

20 WITHIN THE DDG–51 CLASS DESTROYER AND 

21 AEGIS ASHORE PROGRAMS IN ORDER TO 

22 MEET MISSION REQUIREMENTS. 

23 (a) TRANSFER TO AEGIS ASHORE SYSTEM.—Not24 withstanding any other provision of law, the Secretary of 

25 the Navy may transfer Aegis weapon system equipment 


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1 with ballistic missile defense capability to the Director of 

2 the Missile Defense Agency for use by the Director in the 

3 Aegis Ashore System for installation in the country des4 ignated as ‘‘Host Nation 1’’ by transferring to the Agency 

5 such equipment procured with amounts authorized to be 

6 appropriated for shipbuilding and conversion, Navy, for 

7 fiscal years 2010 and 2011 for the DDG–51 Class De8 stroyer Program. 

9 (b) ADJUSTMENTS IN EQUIPMENT DELIVERIES.—

10 (1) USE OF FY12 FUNDS FOR AWS SYSTEMS ON

11 DESTROYERS PROCURED WITH FY11 FUNDS.—

12 Amounts authorized to be appropriated for ship13 building and conversion, Navy, for fiscal year 2012, 

14 and any Aegis weapon system assets procured with 

15 such amounts, may be used to deliver complete, mis16 sion-ready Aegis weapon systems with ballistic mis17 sile defense capability to any DDG–51 class de18 stroyer for which amounts were authorized to be ap19 propriated for shipbuilding and conversion, Navy, 

20 for fiscal year 2011. 

21 (2) USE OF AWS SYSTEMS PROCURED WITH

22 RDT&E FUNDS ON DESTROYERS.—The Secretary 

23 may install on any DDG–51 class destroyer Aegis 

24 weapon systems with ballistic missile defense capa25 bility transferred pursuant to subsection (c). 


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1 (c) TRANSFER FROM AEGIS ASHORE SYSTEM.—The 

2 Director shall transfer Aegis weapon system equipment 

3 with ballistic missile defense capability procured for instal4 lation in the Aegis Ashore System to the Secretary for 

5 the DDG–51 Class Destroyer Program to replace any 

6 equipment transferred to the Director under subsection 

7 (a). 

8 (d) TREATMENT OF TRANSFER IN FUNDING DE9 STROYER CONSTRUCTION.—Notwithstanding the source 

10 of funds for any equipment transferred under subsection 

11 (c), the Secretary shall fund all work necessary to com12 plete construction and outfitting of any destroyer in which 

13 such equipment is installed in the same manner as if such 

14 equipment had been acquired using amounts in the ship15 building and conversion, Navy, account. 

16 SEC. 224. EVALUATION OF ALTERNATIVES FOR THE PRECI17 SION TRACKING SPACE SYSTEM. 

18 (a) LIMITATION.—Of the funds authorized to be ap19 propriated by this Act or otherwise made available for fis20 cal year 2013 for the Missile Defense Agency for the preci21 sion tracking space system, not more than 75 percent may 

22 be obligated or expended until the date on which—

23 (1) the Director of Cost Assessment and Pro24 gram Evaluation completes the evaluation under 

25 subsection (b)(1); and 


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1 (2) the terms of reference for the evaluation 

2 under subsection (b)(1)(B) are—

3 (A) approved by the Missile Defense Exec4 utive Board, in coordination with the Defense 

5 Space Council; and 

6 (B) submitted to the congressional defense 

7 committees. 

8 (b) INDEPENDENT COST ESTIMATE AND EVALUA9 TION OF ALTERNATIVES REQUIRED.—

10 (1) IN GENERAL.—The Director of Cost Assess11 ment and Program Evaluation shall perform—

12 (A) an independent cost estimate for the 

13 precision tracking space system; and 

14 (B) a comprehensive assessment evaluation 

15 of alternatives for such system. 

16 (2) BASIS OF EVALUATION.—The evaluation 

17 under paragraph (1)(B) shall be based on a clear ar18 ticulation by the Director of the Missile Defense 

19 Agency of—

20 (A) the space-based and ground-based sen21 sors that will be required to be maintained to 

22 aid the precision tracking space system con23 stellation; 

24 (B) the number of satellites to be procured 

25 for a first constellation, including the projected 


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1 lifetime of such satellites in the first constella2 tion, and the number projected to be procured 

3 for a first and, if applicable, second replenish4 ment; 

5 (C) the technological and acquisition risks 

6 of such system, including systems engineering 

7 and ground system development; 

8 (D) an evaluation of the technological ca9 pability differences between the precision track10 ing space system tracking sensor and the space 

11 tracking and surveillance system tracking sen12 sor; 

13 (E) the cost differences, as confirmed by 

14 the Director of Cost Assessment and Program 

15 Evaluation, between such systems, including 

16 costs relating to launch services; and 

17 (F) any other matters the Director believes 

18 useful that do not unduly delay completion of 

19 the evaluation. 

20 (3) EVALUATION.—In conducting the evalua21 tion under paragraph (1)(B), the Director of Cost 

22 Assessment and Program Evaluation shall—

23 (A) evaluate whether the precision tracking 

24 space system, as planned by the Director of the 

25 Missile Defense Agency in the budget submitted 


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1 to Congress under section 1105 of title 31, 

2 United States Code, for fiscal year 2013, is the 

3 most cost effective and best value sensor option 

4 with respect to land-, air-, or space-based sen5 sors, or a combination thereof, to improve the 

6 regional missile defense and homeland missile 

7 defense of the United States, including by add8 ing precision tracking and discrimination capa9 bility to the ground-based midcourse defense 

10 system; 

11 (B) examine the overhead persistent infra12 red satellite data or other data that are avail13 able as of the date of the evaluation that are 

14 not being used for ballistic missile tracking; 

15 (C) determine whether and how using the 

16 data described in subparagraph (B) could im17 prove sensor coverage for the homeland missile 

18 defense of the United States and regional mis19 sile defense capabilities; 

20 (D) study the plans of the Director of the 

21 Missile Defense Agency to integrate the preci22 sion tracking space system concept into the bal23 listic missile defense system and evaluate the 

24 concept of operations and missile defense en25 gagement scenarios of such use; 


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1 (E) consider the agreement entered into 

2 under subsection (d)(1); and 

3 (F) consider any other matters the Direc4 tor believes useful that do not unduly delay 

5 completion of the evaluation. 

6 (4) COST DETERMINATION.—-In conducting the 

7 independent cost estimate under paragraph (1)(A), 

8 the Director of Cost Assessment and Program Eval9 uation shall take into account acquisition costs and 

10 operation and sustainment costs during the initial 

11 10-year and 20-year periods. 

12 (5) COOPERATION.—The Director of the Missile 

13 Defense Agency shall provide to the Director of Cost 

14 Assessment and Program Evaluation the informa15 tion necessary to conduct the independent cost esti16 mate and the evaluation of alternatives of such pro17 gram under paragraph (1). 

18 (c) SUBMISSION REQUIRED.—Not later than April 

19 30, 2013, the Director of Cost Assessment and Program 

20 Evaluation shall submit to the congressional defense com21 mittees the independent cost estimate and evaluation 

22 under subparagraphs (A) and (B) of subsection (b)(1). 

23 (d) MEMORANDUM OF AGREEMENT.—

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

25 Defense Agency shall enter into a memorandum of 


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1 agreement with the Commander of the Air Force 

2 Space Command with respect to the space situa3 tional awareness capabilities, requirements, design, 

4 and cost sharing of the precision tracking space sys5 tem. 

6 (2) SUBMISSION.—The Director shall submit to 

7 the congressional defense committees the agreement 

8 entered into under paragraph (1). 

9 (e) REVIEW BY THE COMPTROLLER GENERAL.—

10 (1) TERMS OF REFERENCE.—The Comptroller 

11 General of the United States shall provide to the 

12 congressional defense committees—

13 (A) by not later than 30 days after the 

14 date on which the terms of reference for the 

15 evaluation under subsection (b)(1)(B) are pro16 vided to such committees pursuant to sub17 section (a)(2), a briefing on the views of the 

18 Comptroller General with respect to such terms 

19 of reference and their conformance with the 

20 best practices for analyses of alternatives estab21 lished by the Comptroller General; and 

22 (B) a final report on such terms as soon 

23 as practicable following the date of the briefing 

24 under subparagraph (A). 


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1 (2) COMPREHENSIVE PTSS ASSESSMENT.—The 

2 Comptroller General shall further provide to the con3 gressional defense committees—

4 (A) by not later than 60 days after the 

5 date on which the evaluation is submitted to 

6 such committees under subsection (c), a brief7 ing on the views of the Comptroller General 

8 with respect to such evaluation; and 

9 (B) a final report on such evaluation as 

10 soon as practicable following the date of the 

11 briefing under subparagraph (A). 

12 SEC. 225. NEXT GENERATION EXO-ATMOSPHERIC KILL VE13 HICLE. 

14 (a) PLAN FOR NEXT GENERATION KILL VEHICLE.—

15 The Director of the Missile Defense Agency shall develop 

16 a long-term plan for the exo-atmospheric kill vehicle that 

17 addresses both modifications and enhancements to the 

18 current exo-atmospheric kill vehicle and options for the 

19 competitive development of a next generation exo-atmos20 pheric kill vehicle for the ground-based interceptor of the 

21 ground-based midcourse defense system and any other in22 terceptor that might be developed for the defense of the 

23 United States against long-range ballistic missiles. 

24 (b) DEFINITION OF PARAMETERS AND CAPABILI25 TIES.—


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1 (1) ASSESSMENT REQUIRED.—The Director 

2 shall define the desired technical parameters and 

3 performance capabilities for a next generation exo4 atmospheric kill vehicle using an assessment con5 ducted by the Director for that purpose that is de6 signed to ensure that a next generation exo-atmos7 pheric kill vehicle design—

8 (A) enables ease of manufacturing, high 

9 tolerances to production processes and supply 

10 chain variability, and inherent reliability; 

11 (B) will be optimized to take advantage of 

12 the ballistic missile defense system architecture 

13 and sensor system capabilities; 

14 (C) leverages all relevant kill vehicle devel15 opment activities and technologies, including 

16 from the current standard missile–3 block IIB 

17 program and the previous multiple kill vehicle 

18 technology development program; 

19 (D) seeks to maximize, to the greatest ex20 tent practicable, commonality between sub21 systems of a next generation exo-atmospheric 

22 kill vehicle and other exo-atmospheric kill vehi23 cle programs; and 

24 (E) meets Department of Defense criteria, 

25 as established in the February 2010 Ballistic 


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1 Missile Defense Review, for affordability, reli2 ability, suitability, and operational effectiveness 

3 to defend against limited attacks from evolving 

4 and future threats from long-range missiles. 

5 (2) EVALUATION OF PAYLOADS.—The assess6 ment required by paragraph (1) shall include an 

7 evaluation of the potential benefits and drawbacks of 

8 options for both unitary and multiple exo-atmos9 pheric kill vehicle payloads. 

10 (3) STANDARD MISSILE–3 BLOCK IIB INTER11 CEPTOR.—As part of the assessment required by 

12 paragraph (1), the Director shall evaluate whether 

13 there are potential options and opportunities arising 

14 from the standard missile–3 block IIB interceptor 

15 development program for development of an exo-at16 mospheric kill vehicle, or kill vehicle technologies or 

17 components, that could be used for potential up18 grades to the ground-based interceptor or for a next 

19 generation exo-atmospheric kill vehicle. 

20 (c) REPORT.—

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of the enactment of this Act, the Di23 rector shall submit to the congressional defense com24 mittees a report setting forth the plan developed 

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1 sessment under subsection (b), and an estimate of 

2 the cost and schedule of implementing the plan. 

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

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

5 include a classified annex. 

6 SEC. 226. MODERNIZATION OF THE PATRIOT AIR AND MIS7 SILE DEFENSE SYSTEM. 

8 (a) PLAN FOR MODERNIZATION.—Not later than 180 

9 days after the date of the enactment of this Act, the Sec10 retary of the Army shall submit to the congressional de11 fense committees a prioritized plan for support of the 

12 long-term requirements in connection with the moderniza13 tion of the Patriot air and missile defense system and re14 lated systems of the integrated air and missile defense ar15 chitecture. 

16 (b) ADDITIONAL ELEMENTS.—The report required 

17 by subsection (a) shall also set forth the following: 

18 (1) An explanation of the requirements and 

19 goals for the Patriot air and missile defense system 

20 and related systems of the integrated air and missile 

21 defense architecture during the 10-year period be22 ginning on the date of the report. 

23 (2) An assessment of the integrated air and 

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1 mands of evolving and emerging threats during the 

2 ten-year period beginning on the date of the report. 

3 (3) A plan for the introduction of changes to 

4 the Patriot air and missile defense system program 

5 to achieve reductions in the life-cycle cost of the Pa6 triot air and missile defense system. 

7 SEC. 227. EVALUATION AND ENVIRONMENTAL IMPACT AS8 SESSMENT OF POTENTIAL FUTURE MISSILE 

9 DEFENSE SITES IN THE UNITED STATES. 

10 (a) EVALUATION.—Not later than December 31, 

11 2013, the Secretary of Defense shall conduct a study to 

12 evaluate at least three possible additional locations in the 

13 United States, selected by the Director of the Missile De14 fense Agency, that would be best suited for future deploy15 ment of an interceptor capable of protecting the homeland 

16 against threats from nations such as North Korea and 

17 Iran. At least two of such locations shall be on the East 

18 Coast of the United States. 

19 (b) ENVIRONMENTAL IMPACT STATEMENT RE20 QUIRED.—Except as provided by subsection (c), the Sec21 retary shall prepare an environmental impact statement 

22 in accordance with the National Environmental Policy Act 

23 of 1969 (42 U.S.C. et seq.) for the locations the Secretary 

24 evaluates under subsection (a). 


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1 (c) EXCEPTION.—If an environmental impact state2 ment has already been prepared for a location the Sec3 retary evaluates under subsection (a), the Secretary shall 

4 not be required to prepare another environmental impact 

5 statement for such location. 

6 (d) CONTINGENCY PLAN.—In light of the evaluation 

7 under subsection (a), the Director of the Missile Defense 

8 Agency shall—

9 (1) develop a contingency plan for the deploy10 ment of a homeland missile defense interceptor site 

11 that is in addition to such sites that exist as of the 

12 date of the enactment of this Act in case the Presi13 dent determines to proceed with such an additional 

14 deployment; and 

15 (2) notify the congressional defense committees 

16 when such contingency plan has been developed. 

17 SEC. 228. HOMELAND BALLISTIC MISSILE DEFENSE. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that—

20 (1) it is a national priority to defend the United 

21 States homeland against the threat of limited bal22 listic missile attack (whether accidental, unauthor23 ized, or deliberate); 

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1 ceptors deployed in Alaska and California, provides 

2 a level of protection of the United States homeland; 

3 (3) it is essential for the ground-based mid4 course defense system to achieve the levels of reli5 ability, availability, sustainability, and operational 

6 performance that will allow it to continue providing 

7 protection of the United States homeland; 

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

9 highest priority, correct the problem that caused the 

10 December 2010 ground-based midcourse defense 

11 system flight test failure and demonstrate the cor12 rection in flight tests before resuming production of 

13 the capability enhancement-II kill vehicle, in order to 

14 provide confidence that the system will work as in15 tended; 

16 (5) the Department of Defense should continue 

17 to enhance the performance and reliability of the 

18 ground-based midcourse defense system, and en19 hance the capability of the ballistic missile defense 

20 system, to provide improved capability to defend the 

21 homeland; 

22 (6) the Missile Defense Agency should have a 

23 robust, rigorous, and operationally realistic testing 

24 program for the ground-based midcourse defense 


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1 system, including salvo testing, multiple simulta2 neous engagement testing, and operational testing; 

3 (7) the Department of Defense has taken a 

4 number of prudent, affordable, cost-effective, and 

5 operationally significant steps to hedge against the 

6 possibility of future growth in the missile threat to 

7 the homeland from North Korea and Iran; and 

8 (8) the Department of Defense should continue 

9 to evaluate the evolving threat of limited ballistic 

10 missile attack, particularly from countries such as 

11 North Korea and Iran, and consider other possibili12 ties for prudent, affordable, cost-effective, and oper13 ationally significant steps to improve the posture of 

14 the United States to defend the homeland. 

15 (b) REPORT.—

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

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

18 Secretary of Defense shall submit to the congres19 sional defense committees a report on the status of 

20 efforts to improve the homeland ballistic missile de21 fense capability of the United States. 

22 (2) ELEMENTS OF REPORT.—The report re23 quired by paragraph (1) shall include the following: 

24 (A) A detailed description of the actions 

25 taken or planned to improve the reliability, 


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1 availability, and capability of the ground-based 

2 midcourse defense system, particularly the 

3 exoatmospheric kill vehicle, and any other ac4 tions to improve the homeland missile defense 

5 posture to hedge against potential future 

6 growth in the threat of limited ballistic missile 

7 attack (whether accidental, unauthorized, or de8 liberate), particularly from countries such as 

9 North Korea and Iran. 

10 (B) A description of any improvements 

11 achieved as a result of the actions described in 

12 subparagraph (A). 

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

14 planned flight tests of the ground-based mid15 course defense system (control test vehicle flight 

16 test–1, and GMD flight test–06b) intended to 

17 demonstrate the success of the correction of the 

18 problem that caused the flight test failure of 

19 December 2010, and the status of any decision 

20 to resume production of the capability enhance21 ment-II kill vehicle. 

22 (D) a detailed description of the planned 

23 roles and requirements for the standard missile24 3 block IIB interceptor to augment the defense 

25 of the homeland, including the capabilities 


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1 needed to defeat long-range missiles that could 

2 be launched from Iran to the United States; 

3 (E) Any other matters the Secretary con4 siders appropriate. 

5 (3) FORM OF REPORT.—The report shall be 

6 submitted in unclassified form, but may include a 

7 classified annex. 

8 (c) COMPTROLLER GENERAL BRIEFING AND RE9 PORT.—

10 (1) BRIEFING.—Not later than 60 days after 

11 the date on which the Secretary submits the report 

12 under subsection (b)(1), the Comptroller General of 

13 the United States shall brief the congressional de14 fense committees with the views of the Comptroller 

15 General on the report. 

16 (2) REPORT.—As soon as practicable after the 

17 date on which the Comptroller General briefs the 

18 congressional defense committees under paragraph 

19 (1), the Comptroller General shall submit to such 

20 committees a report on the views included in such 

21 briefing. 

22 SEC. 229. REGIONAL BALLISTIC MISSILE DEFENSE. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that—


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1 (1) the threat from regional ballistic missiles, 

2 particularly from Iran and North Korea, is serious 

3 and growing, and puts at risk forward-deployed 

4 forces of the United States and allies and partners 

5 in Europe, the Middle East, and the Asia-Pacific re6 gion; 

7 (2) the Department of Defense has an obliga8 tion to provide force protection of forward-deployed 

9 forces, assets, and facilities of the United States 

10 from regional ballistic missile attack; 

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

12 its security commitments to its allies, including bal13 listic missile defense commitments; 

14 (4) the Department of Defense has a program 

15 of investment and capabilities to provide for both 

16 homeland defense and regional defense against bal17 listic missiles, consistent with the Ballistic Missile 

18 Defense Review of 2010 and with the prioritized and 

19 integrated needs of the commanders of the combat20 ant commands; 

21 (5) the European Phased Adaptive Approach to 

22 missile defense is a response to the existing and 

23 growing ballistic missile threat from Iran to forward 

24 deployed United States forces, allies and partners in 

25 Europe; 


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1 (6) the Department of Defense—

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

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

4 of the European Phased Adaptive Approach, in5 cluding all variants of the standard missile–3 

6 interceptor; 

7 (B) should continue to conduct tests to 

8 evaluate and assess the capability of future 

9 phases of the European Phased Adaptive Ap10 proach and to demonstrate whether they will 

11 achieve their intended roles, as outlined in the 

12 Ballistic Missile Defense Review of 2010; and 

13 (C) should also continue with its other 

14 phased and adaptive regional missile defense ef15 forts tailored to the Middle East and the Asia16 Pacific region; and 

17 (7) European members of the North Atlantic 

18 Treaty Organization are making a variety of con19 tributions to missile defense in Europe, by hosting 

20 elements of missile defense systems of the United 

21 States on their territories, through individual na22 tional contributions to missile defense capability, and 

23 by collective funding and development of the Active 

24 Layered Theater Ballistic Missile Defense system; 

25 and 


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1 (8) allies and partners of the United States in 

2 the Asia-Pacific region and in the Middle East are 

3 making contributions to regional missile defense ca4 pabilities, including by hosting elements of missile 

5 defense systems of the United States on their terri6 tories; jointly developing missile defense capabilities; 

7 and cooperating in regional missile defense architec8 tures. 

9 (b) REPORT.—

10 (1) IN GENERAL.—Not later than 180 days 

11 after the date of the enactment of this Act, the Sec12 retary of Defense shall submit to the congressional 

13 defense committees a report describing the status 

14 and progress of regional missile defense programs 

15 and efforts. 

16 (2) ELEMENTS OF REPORT.—The report re17 quired by paragraph (1) shall include the following: 

18 (A) An assessment of the adequacy of the 

19 existing and planned European Phased Adapt20 ive Approach to provide force protection for for21 ward-deployed forces of the United States in 

22 Europe against ballistic missile threats from 

23 Iran, and an assessment whether adequate 

24 force protection would be available absent the 

25 European Phased Adaptive Approach, given 


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1 current and planned Patriot, Terminal High Al2 titude Area Defense, and Aegis ballistic missile 

3 defense capability. 

4 (B) A description of the progress made in 

5 the development and testing of elements of sys6 tems intended for deployment in Phases 2 

7 through 4 of the European Phased Adaptive 

8 Approach, and an assessment of technical and 

9 schedule risks. 

10 (C) A description of the missile defense 

11 priorities and capability needs of the regional 

12 combatant commands, and the planned regional 

13 missile defense architectures derived from those 

14 capability needs and priorities. 

15 (D) A description of the global force man16 agement process used to evaluate the missile 

17 defense capability needs of the regional combat18 ant commands and to determine the resource 

19 allocation and deployment outcomes among 

20 such commands. 

21 (E) A description of the missile defense 

22 command and control concepts and arrange23 ments in place for United States and allied re24 gional missile defense forces, and the missile 

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1 rangements in place between the United States 

2 and its allies and partners. 

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

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

5 include a classified annex. 

6 (c) COMPTROLLER GENERAL VIEWS.—The Comp7 troller General of the United States shall—

8 (1) brief the congressional defense committees 

9 with the views of the Comptroller General on the re10 port under subsection (b)(1) by not later than 60 

11 days after the date on which the Secretary submits 

12 such report; and 

13 (2) submit to such committees a written report 

14 on such views as soon as practicable after the date 

15 of the briefing under paragraph (1). 

16 SEC. 230. NATO CONTRIBUTIONS TO MISSILE DEFENSE IN 

17 EUROPE. 

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

19 date of the enactment of this Act, the Secretary of Defense 

20 shall submit to the congressional defense committees a re21 port on contributions of members of the North Atlantic 

22 Treaty Organization to missile defense in Europe. 

23 (b) ELEMENTS.—The report required under sub24 section (a) shall include a discussion of the full range of 

25 contributions made by members of NATO, individually 


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1 and collectively, to missile defense in Europe, including the 

2 following: 

3 (1) Financial contributions to the development 

4 of the Active Layered Theater Ballistic Missile De5 fense command and control system or other NATO 

6 missile defense capabilities, including the European 

7 Phased Adaptive Approach. 

8 (2) National contributions of missile defense ca9 pabilities to NATO. 

10 (3) Agreements to host missile defense facilities 

11 in the territory of the member state. 

12 (4) Contributions in the form of providing sup13 port, including security, for missile defense facilities 

14 in the territory of the member state. 

15 (5) Any other contributions being planned by 

16 members of NATO, including the modification of ex17 isting military systems to contribute to the missile 

18 defense capability of NATO. 

19 (6) A discussion of whether there are other op20 portunities for future contributions, financial and 

21 otherwise, to missile defense by members of NATO. 

22 (7) Any other matters the Secretary determines 

23 appropriate. 


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1 (c) FORM OF REPORT.—The report required by sub2 section (a) shall be submitted in unclassified form, but 

3 may include a classified annex. 

4 SEC. 231. REPORT ON TEST PLAN FOR THE GROUND-BASED 

5 MIDCOURSE DEFENSE SYSTEM. 

6 (a) REPORT REQUIRED.—Not later than 180 days 

7 after the date of the enactment of this Act, the Secretary 

8 of Defense shall submit to the congressional defense com9 mittees a report on the testing program for the ground10 based midcourse defense element of the ballistic missile 

11 defense system. 

12 (b) ELEMENTS.—The report under subsection (a) 

13 shall include the following: 

14 (1) An explanation of testing options for the 

15 ground-based midcourse defense system if planned 

16 flight tests CTV–01 and FTG–06b do not dem17 onstrate the successful correction to the problem 

18 that caused the failure of the capability enhance19 ment–2 kill vehicle in flight test FTG–06a in De20 cember 2010, including additional testing of the ca21 pability enhancement–1 kill vehicle. 

22 (2) An assessment of the feasibility, advis23 ability, and cost effectiveness (including the potential 

24 benefits, risks, and impact on the current test plan 

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1 based midcourse defense system) of adjusting the 

2 test plan of the ground-based midcourse defense sys3 tem to accomplish, at an acceptable level of risk—

4 (A) accelerating to fiscal year 2014 the 

5 date for testing such system using a capability 

6 enhancement–1 kill vehicle against an inter7 continental ballistic missile-range target; and 

8 (B) increasing the pace of the flight test9 ing of such system to a rate of three tests every 

10 two years. 

11 (3) If the Secretary determines that either op12 tion described in subparagraph (A) or (B) of para13 graph (2) would be feasible, advisable, and cost ef14 fective, a discussion of whether increased funding 

15 beyond the funding requested in the budget for fiscal 

16 year 2013 is required to carry out such options and, 

17 if so, what level of increased funding would be nec18 essary to carry out each such option. 

19 (4) Any additional matters the Secretary deter20 mines appropriate. 

21 (c) DOT&E VIEWS.—The Secretary shall include an 

22 appendix to the report under subsection (a) that contains 

23 the views of the Director of Operational Test and Evalua24 tion regarding the contents of the report. 


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1 (d) FORM.—The report under subsection (a) shall be 

2 submitted in unclassified form, but may include a classi3 fied annex. 

4 (e) COMPTROLLER GENERAL VIEWS.—The Comp5 troller General of the United States shall—

6 (1) brief the congressional defense committees 

7 concerning the views of the Comptroller General on 

8 the report required under subsection (a) by not later 

9 than 60 days after the date on which the Secretary 

10 submits such report; and 

11 (2) submit to such committees a written report 

12 on such views as soon as practicable after the date 

13 of the briefing under paragraph (1). 

14 SEC. 232. SENSE OF CONGRESS ON MISSILE DEFENSE. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) In a December 18, 2010, letter to the Sen17 ate leadership, President Obama wrote that the 

18 North Atlantic Treaty Organization (NATO) ‘‘in19 vited the Russian Federation to cooperate on missile 

20 defense, which could lead to adding Russian capa21 bilities to those deployed by NATO to enhance our 

22 common security against common threats. The Lis23 bon Summit thus demonstrated that the Alliance’s 

24 missile defenses can be strengthened by improving 

25 NATO-Russian relations. This comes even as we 


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1 have made it clear that the system we intend to pur2 sue with Russia will not be a joint system, and it 

3 will not in any way limit United States’ or NATO’s 

4 missile defense capabilities.’’. 

5 (2) In a February 2, 2011, message to the Sen6 ate concerning its December 22, 2010, Resolution of 

7 Advice and Consent to Ratification of the New 

8 START Treaty, President Obama certified that ‘‘It 

9 is the policy of the United States to continue devel10 opment and deployment of United States missile de11 fense systems to defend against missile threats from 

12 nations such as North Korea and Iran, including 

13 qualitative and quantitative improvements to such 

14 systems. As stated in the Resolution, such systems 

15 include all phases of the Phased Adaptive Approach 

16 to missile defense in Europe, the modernization of 

17 the Ground-based Midcourse Defense system, and 

18 the continued development of the two-stage Ground19 Based Interceptor as a technological and strategic 

20 hedge.’’. 

21 (3) In a letter dated December 13, 2011, to 

22 Senator Mark Kirk, Robert Nabors, Assistant to the 

23 President and Director of the Office of Legislative 

24 Affairs, wrote that ‘‘The United States remains 

25 committed to implementing the European Phased 


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1 Adaptive Approach to missile defense, and will not 

2 agree to any constraints limiting the development or 

3 deployment of United States missile defenses’’ and 

4 ‘‘[w]e will not provide Russia with sensitive informa5 tion about our missile defense systems that would in 

6 any way compromise our national security. For ex7 ample, hit-to-kill technology and interceptor telem8 etry will under no circumstances be provided to Rus9 sia.’’. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that—

12 (1) pursuant to section 2 of the National Mis13 sile Defense Act of 1999 (Public Law 106–38; 113 

14 Stat. 205; 10 U.S.C. 2431 note), it is the policy of 

15 the United States ‘‘to deploy as soon as is techno16 logically possible an effective National Missile De17 fense system capable of defending the territory of 

18 the United States against limited ballistic missile at19 tack (whether accidental, unauthorized, or delib20 erate)...’’; 

21 (2) defenses against ballistic missiles are essen22 tial for new deterrent strategies and for new strate23 gies should deterrence fail; 


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1 (3) further limitations on the missile defense 

2 capabilities of the United States are not in the na3 tional security interest of the United States; 

4 (4) the New Start Treaty and the April 7, 

5 2010, unilateral statement of the Russian Federa6 tion on missile defense do not limit in any way, and 

7 shall not be interpreted as limiting, activities that 

8 the Federal Government of the United States cur9 rently plans or that might be required over the dura10 tion of the New START Treaty to protect the 

11 United States pursuant to the National Missile De12 fense Act of 1999, or to protect the Armed Forces 

13 of the United States and allies of the United States 

14 from limited ballistic missile attack, including fur15 ther planned enhancements to the Ground-based 

16 Midcourse Defense system and all phases of the 

17 Phased Adaptive Approach to missile defense in Eu18 rope; 

19 (5) it was the Understanding of the Senate in 

20 its December 22, 2010, Resolution of Advice and 

21 Consent to Ratification of the New START Treaty 

22 that, ‘‘any additional New START Treaty limita23 tions on the deployment of missile defenses beyond 

24 those contained in paragraph 3 of Article V, includ25 ing any limitations agreed under the auspices of the 


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1 Bilateral Consultative Commission, would require an 

2 amendment to the New START Treaty which may 

3 enter into force for the United States only with the 

4 advice and consent of the Senate, as set forth in Ar5 ticle II, section 2, clause 2 of the Constitution of the 

6 United States’’; and 

7 (6) section 303(b) of the Arms Control and 

8 Disarmament Act (22 U.S.C. 2573(b)) requires that 

9 ‘‘no action shall be taken pursuant to this or any 

10 other Act that would obligate the United States to 

11 reduce or limit the Armed Forces or armaments of 

12 the United States in a militarily significant manner, 

13 except pursuant to the treaty-making power of the 

14 President set forth in Article II, Section 2, Clause 

15 2 of the Constitution.’’. 

16 (c) NEW START TREATY DEFINED.—In this sec17 tion, the term ‘‘New START Treaty’’ means the Treaty 

18 between the United States of America and the Russian 

19 Federation on Measures for the Further Reduction and 

20 Limitation of Strategic Offensive Arms, signed on April 

21 8, 2010, and entered into force on February 5, 2011. 


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1 SEC. 233. SENSE OF CONGRESS ON THE SUBMITTAL TO 

2 CONGRESS OF THE HOMELAND DEFENSE 

3 HEDGING POLICY AND STRATEGY REPORT OF 

4 THE SECRETARY OF DEFENSE. 

5 It is the sense of the Congress that—

6 (1) the homeland defense hedging policy and 

7 strategy report required by section 233 of the Na8 tional Defense Authorization Act for Fiscal Year 

9 2012 (Public Law 112–81; 125 Stat. 1340) is nec10 essary to inform Congress on options to protect the 

11 United States homeland against the evolving ballistic 

12 missile threat, including potential options prior to 

13 the deployment of Phase 4 of the European Phased 

14 Adaptive Approach to missile defense; and 

15 (2) the Secretary of Defense should comply 

16 with the requirements of such section 233 by sub17 mitting the homeland defense hedging policy and 

18 strategy report to Congress. 

19 Subtitle D—Reports 

20 SEC. 241. MISSION PACKAGES FOR THE LITTORAL COMBAT 

21 SHIP. 

22 (a) REPORT REQUIRED.—Not later than March 1, 

23 2013, the Secretary of the Navy shall, in consultation with 

24 the Director of Operational Test and Evaluation, submit 

25 to the congressional defense committees a report on the 

26 mine countermeasures warfare, antisubmarine warfare, 


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1 and surface warfare mission packages for the Littoral 

2 Combat Ship. 

3 (b) ELEMENTS.—The report required by subsection 

4 (a) shall set forth the following: 

5 (1) A plan for the mission packages dem6 onstrating that preliminary design review for every 

7 capability increment precedes Milestone B or equiva8 lent approval for that increment. 

9 (2) A plan for demonstrating that the capability 

10 increment for each mission package, combined with 

11 a Littoral Combat Ship, on the basis of a prelimi12 nary design review and post-preliminary design re13 view assessment, will achieve the capability specified 

14 for that increment. 

15 (3) A plan for demonstrating the survivability 

16 and lethality of the Littoral Combat Ship with its 

17 mission packages sufficiently early in the develop18 ment phase of the system to minimize costs of con19 currency. 

20 SEC. 242. STUDY ON ELECTRONIC WARFARE CAPABILITIES 

21 OF THE MARINE CORPS. 

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

23 shall conduct a study on the future capabilities of the Ma24 rine Corps with respect to electronic warfare. 

25 (b) REPORT.—


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

2 the date of the enactment of this Act, the Com3 mandant shall submit to the congressional defense 

4 committees a report on the study conducted under 

5 subsection (a). 

6 (2) MATTERS INCLUDED.—The report under 

7 paragraph (1) shall include the following: 

8 (A) A detailed plan for the disposition of 

9 EA–6B Prowler aircraft squadrons. 

10 (B) A solution for the replacement of the 

11 capability provided by such aircraft. 

12 (C) Concepts of operation for future air13 ground task force electronic warfare capabilities 

14 of the Marine Corps. 

15 (D) Any other issues that the Com16 mandant determines appropriate. 

17 SEC. 243. CONDITIONAL REQUIREMENT FOR REPORT ON 

18 AMPHIBIOUS ASSAULT VEHICLES FOR THE 

19 MARINE CORPS. 

20 (a) IN GENERAL.—If the ongoing Marine Corps 

21 ground combat vehicle fleet mix study recommends the ac22 quisition of a separate Marine Personnel Carrier, the Sec23 retary of the Navy and the Commandant of the Marine 

24 Corps shall jointly submit to the congressional defense 

25 committees a report that includes the following: 


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1 (1) A detailed description of the capability gaps 

2 that Marine Personnel Carriers are intended to miti3 gate and the capabilities that the Marine Personnel 

4 Carrier will be required to have to mitigate such 

5 gaps, and an assessment whether, and to what ex6 tent, Amphibious Combat Vehicles could mitigate 

7 such gaps. 

8 (2) A detailed explanation of the role of the 

9 Marine Personnel Carriers in the operations of the 

10 Marine Corps, as well as a comparative estimate of 

11 the acquisition and life-cycle costs of—

12 (A) a fleet consisting of both Amphibious 

13 Combat Vehicles and Marine Personnel Car14 riers; and 

15 (B) a fleet consisting of only Amphibious 

16 Combat Vehicles. 

17 (b) SUBMITTAL DATE.—If required, the report under 

18 subsection (a) shall be submitted not later than the later 

19 of—

20 (1) the date that is 60 days after the date of 

21 the completion of the study referred to in subsection 

22 (a); or 

23 (2) February 1, 2013. 


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1 SEC. 244. REPORT ON CYBER AND INFORMATION TECH2 NOLOGY RESEARCH INVESTMENTS OF THE 

3 AIR FORCE. 

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

5 of the enactment of this Act, the Secretary of the Air 

6 Force shall submit to the congressional defense commit7 tees a report detailing the investment strategy of the Air 

8 Force with respect to the spectrum of—

9 (1) cyber science and technology; 

10 (2) autonomy, command and control, and deci11 sion support technologies; 

12 (3) connectivity and dissemination technologies; 

13 and 

14 (4) processing and exploitation technologies. 

15 (b) ELEMENTS.—The report under subsection (a) 

16 shall include the following: 

17 (1) An identification of the near-, mid-, and 

18 far-term science and technology priorities of the Air 

19 Force with respect to cyber and information-related 

20 technologies and the resources (including both fund21 ing and personnel) projected to address these prior22 ities. 

23 (2) A strategy to transition the results of the 

24 science and technology priorities described in para25 graph (1) into weapon systems, including cyber 

26 tools. 


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1 (3) A description of how the Air Force will re2 cruit, train, and retain a highly skilled workforce in 

3 cyber and information-related technologies, including 

4 the use of the authorities granted under the labora5 tory demonstration program established by section 

6 342 of the National Defense Authorization Act for 

7 Fiscal Year 1995 (Public Law 103–337; 108 Stat. 

8 2721), as most recently amended by section 1114 of 

9 the Floyd D. Spence National Defense Authorization 

10 Act for Fiscal Year 2001 (Public Law 106–398; 114 

11 Stat. 1654A–315). 

12 (4) A description of laboratory infrastructure 

13 and research facilities, including the Air Force Insti14 tute of Technology, that are necessary for the ac15 complishment of the science and technology prior16 ities described in paragraph (1). 

17 SEC. 245. NATIONAL RESEARCH COUNCIL REVIEW OF DE18 FENSE SCIENCE AND TECHNICAL GRADUATE 

19 EDUCATION NEEDS. 

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

21 into an agreement with the National Research Council to 

22 conduct a review of specialized degree-granting graduate 

23 programs of the Department of Defense in science, tech24 nology, engineering, mathematics, and management. 


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

2 under subsection (a) shall address—

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

4 the military departments for military and civilian 

5 personnel with advanced degrees in science, tech6 nology, engineering, mathematics, and management, 

7 including a list of the numbers of such personnel 

8 needed by discipline; 

9 (2) an analysis of the sources by which the De10 partment of Defense and the military departments 

11 obtain military and civilian personnel with such ad12 vanced degrees; 

13 (3) the need for educational institutions under 

14 the Department of Defense to meet the needs identi15 fied in paragraph (1); 

16 (4) the costs and benefits of maintaining such 

17 educational institutions, including costs relating to 

18 in-house research; 

19 (5) the ability of private institutions or dis20 tance-learning programs to meet the needs identified 

21 in paragraph (1); 

22 (6) existing organizational structures, including 

23 reporting chains, within the military departments to 

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1 ment of Defense and the military departments in the 

2 fields described in paragraph (1); and 

3 (7) recommendations for improving the ability 

4 of the Department of Defense to identify, manage, 

5 and source the graduate education needs of the De6 partment in such fields. 

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

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

9 Secretary shall submit to the congressional defense com10 mittees a report on the results of such review. 

11 Subtitle E—Other Matters 

12 SEC. 251. ELIGIBILITY FOR DEPARTMENT OF DEFENSE 

13 LABORATORIES TO ENTER INTO EDU14 CATIONAL PARTNERSHIPS WITH EDU15 CATIONAL INSTITUTIONS IN TERRITORIES 

16 AND POSSESSIONS OF THE UNITED STATES. 

17 (a) ELIGIBILITY OF INSTITUTIONS IN TERRITORIES

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

19 States Code, is amended by adding at the end the fol20 lowing new paragraph: 

21 ‘‘(3) The term ‘United States’ includes the 

22 Commonwealth of Puerto Rico, the Commonwealth 

23 of the Northern Mariana Islands, and any other ter24 ritory or possession of the United States.’’. 


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

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

3 before the period. 

4 SEC. 252. REGIONAL ADVANCED TECHNOLOGY CLUSTERS. 

5 (a) DEVELOPMENT OF INNOVATIVE ADVANCED

6 TECHNOLOGIES.—The Secretary of Defense may use the 

7 research and engineering network of the Department of 

8 Defense, including the organic industrial base, to support 

9 regional advanced technology clusters established by the 

10 Secretary of Commerce to encourage the development of 

11 innovative advanced technologies to address national secu12 rity and homeland defense challenges. 

13 (b) REPORT.—Not later than 180 days after the date 

14 of the enactment of this Act, the Under Secretary of De15 fense for Acquisition, Technology, and Logistics shall sub16 mit to the appropriate congressional committees a report 

17 describing—

18 (1) the participation of the Department of De19 fense in regional advanced technology clusters, in20 cluding the number of—

21 (A) clusters supported; 

22 (B) technologies developed and 

23 transitioned to acquisition programs; 

24 (C) products commercialized; 

25 (D) small businesses trained; 


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1 (E) companies started; and 

2 (F) research and development facilities 

3 shared; 

4 (2) implementation by the Department of proc5 esses and tools to facilitate collaboration with the 

6 clusters; 

7 (3) agreements established by the Department 

8 with the Department of Commerce to jointly support 

9 the continued growth of the clusters; 

10 (4) methods to evaluate the effectiveness of 

11 technology cluster policies; 

12 (5) any additional required authorities and any 

13 impediments to supporting regional advanced tech14 nology clusters; and 

15 (6) the use of any agreements entered into 

16 under the Intergovernmental Personnel Act of 1970 

17 (42 U.S.C. 4701 et seq.) and any access granted to 

18 facilities of the Department of Defense for research 

19 and development purposes. 

20 (c) COLLABORATION.—The Secretary of Defense may 

21 meet, collaborate, and share resources with other Federal 

22 agencies for purposes of assisting in the use and appro23 priate growth of regional advanced technology clusters 

24 under this section. 

25 (d) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘appropriate congressional com2 mittees’’ means—

3 (A) the congressional defense committees; 

4 (B) the Committee on Commerce, Science, 

5 and Transportation of the Senate; and 

6 (C) the Committee on Energy and Com7 merce of the House of Representatives. 

8 (2) The term ‘‘regional advanced technology 

9 clusters’’ means geographic centers focused on build10 ing science and technology-based innovation capacity 

11 in areas of local and regional strength to foster eco12 nomic growth and improve quality of life. 

13 SEC. 253. SENSE OF CONGRESS ON INCREASING THE COST14 EFFECTIVENESS OF TRAINING EXERCISES 

15 FOR MEMBERS OF THE ARMED FORCES. 

16 It is the sense of Congress that—

17 (1) modeling and simulation will continue to 

18 play a critical role in the training of the members 

19 of the Armed Forces; 

20 (2) while increased modeling and simulation has 

21 reduced overall costs of training of members of the 

22 Armed Forces, there are still significant costs associ23 ated with the human resources required to execute 

24 certain training exercises where role-playing actors 

25 for certain characters such as opposing forces, the 


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1 civilian populace, other government agencies, and 

2 non-governmental organizations are required; 

3 (3) technological advances in areas such as 

4 varying levels of autonomy for systems, multi-player 

5 gaming techniques, and artificial intelligence could 

6 reduce the number of personnel required to support 

7 certain training exercises for members of the Armed 

8 Forces, and thereby reduce the overall cost of the 

9 exercises; and 

10 (4) the Secretary of Defense should develop a 

11 plan to increase the use of emerging technologies in 

12 autonomous systems, the commercial gaming sector, 

13 and artificial intelligence for training exercises for 

14 members of the Armed Forces to increase training 

15 effectiveness and reduce costs. 

16 TITLE III—OPERATION AND 

17 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. 


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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 depotlevel 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. 

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. 


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

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

4 Funds are hereby authorized to be appropriated for 

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

6 activities and agencies of the Department of Defense for 

7 expenses, not otherwise provided for, for operation and 

8 maintenance, as specified in the funding table in section 

9 4301. 

10 Subtitle B—Energy and 

11 Environment 

12 SEC. 311. TRAINING RANGE SUSTAINMENT PLAN AND 

13 TRAINING RANGE INVENTORY. 

14 Section 366 of the Bob Stump National Defense Au15 thorization Act for Fiscal Year 2003 (Public Law 107–

16 314; 116 Stat. 2522; 10 U.S.C. 113 note), as most re17 cently amended by section 348 of the John Warner Na18 tional Defense Authorization Act for Fiscal Year 2007 

19 (Public Law 109–364; 120 Stat. 2159), is amended—

20 (1) in subsection (a)(5), by striking ‘‘each of 

21 fiscal years 2005 through 2013’’ and inserting ‘‘each 

22 fiscal year through fiscal year 2018’’; and 


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1 (2) in subsection (c)(2), by striking ‘‘fiscal 

2 years 2005 through 2013’’ and inserting ‘‘each fiscal 

3 year through fiscal year 2018’’. 

4 SEC. 312. AUTHORITY OF SECRETARY OF A MILITARY DE5 PARTMENT TO ENTER INTO COOPERATIVE 

6 AGREEMENTS WITH INDIAN TRIBES FOR 

7 LAND MANAGEMENT ASSOCIATED WITH MILI8 TARY INSTALLATIONS AND STATE-OWNED 

9 NATIONAL GUARD INSTALLATIONS. 

10 (a) INCLUSION OF INDIAN TRIBES.—Section 103A(a) 

11 of the Sikes Act (16 U.S.C. 670c–1(a)) is amended in the 

12 matter preceding paragraph (1) by inserting ‘‘Indian 

13 tribes,’’ after ‘‘local governments,’’. 

14 (b) INDIAN TRIBE DEFINED.—Section 100 of such 

15 Act (16 U.S.C. 670) is amended by adding at the end the 

16 following new paragraph: 

17 ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ 

18 means any Indian tribe, band, nation, or other orga19 nized group or community, including any Alaska Na20 tive village or regional or village corporation as de21 fined in or established pursuant to the Alaska Na22 tive Claims Settlement Act (43 U.S.C. 1601 et seq.), 

23 which is recognized as eligible for the special pro24 grams and services provided by the United States to 

25 Indians because of their status as Indians.’’. 


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1 SEC. 313. DEPARTMENT OF DEFENSE GUIDANCE ON ENVI2 RONMENTAL EXPOSURES AT MILITARY IN3 STALLATIONS AND BRIEFING REGARDING 

4 ENVIRONMENTAL EXPOSURES TO MEMBERS 

5 OF THE ARMED FORCES. 

6 (a) ISSUANCE OF GUIDANCE REQUIRED.—

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date of the enactment of this Act, the Sec9 retary of Defense shall issue guidance to the military 

10 departments and appropriate defense agencies re11 garding environmental exposures on military instal12 lations. 

13 (2) ELEMENTS.—The guidance issued pursuant 

14 to paragraph (1) shall address, at a minimum, the 

15 following: 

16 (A) The criteria for when and under what 

17 circumstances public health assessments by the 

18 Agency for Toxic Substances and Disease Reg19 istry must be requested in connection with envi20 ronmental contamination at military installa21 tions, including past incidents of environmental 

22 contamination. 

23 (B) The procedures to be used to track 

24 and document the status and nature of re25 sponses to the findings and recommendations of 

26 the public health assessments of the Agency of 


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1 Toxic Substances and Disease Registry that in2 volve contamination at military installations. 

3 (C) The appropriate actions to be under4 taken to assess significant long-term health 

5 risks from past environmental exposures to 

6 military personnel and civilian individuals from 

7 living or working on military installations. 

8 (3) SUBMISSION.—Not later than 30 days after 

9 the issuance of the guidance required by paragraph 

10 (1), the Secretary of Defense shall transmit to the 

11 congressional defense committees a copy of the guid12 ance. 

13 (b) BRIEFING REQUIRED.—

14 (1) IN GENERAL.—Not later than 180 days 

15 after the date of the enactment of this Act, the Sec16 retary of Defense shall provide a briefing to the con17 gressional defense committees regarding materiel so18 lutions that would measure environmental exposures 

19 to members of the Armed Forces while in contin20 gency operations. 

21 (2) ELEMENTS.—The briefing required by 

22 paragraph (1) shall include, at a minimum, the fol23 lowing: 

24 (A) Relevant materiel solutions in develop25 ment or commercially available that would faVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 cilitate the identification of members of the 

2 Armed Forces who have individual exposures to 

3 environmental hazards, including burn pits, 

4 dust or sand, hazardous materials, and waste. 

5 (B) A timeline, and estimated cost, of de6 veloping and deploying the materiel solutions 

7 described in subparagraph (A). 

8 (C) Identification of the Department of 

9 Defense’s process, and any systems, that collect 

10 and maintain exposure data and a description 

11 of how the Department of Defense could inte12 grate data from the materiel solutions described 

13 in subparagraph (A) into those systems. 

14 (D) An update regarding the sharing of 

15 environmental exposure data with the Secretary 

16 of Veterans Affairs for use in medical and 

17 treatment records of veterans, including how 

18 the materiel solutions described in subpara19 graph (A) can be used in determining the serv20 ice-connectedness of health conditions and in 

21 identifying possible origins and causes of dis22 ease. 


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1 SEC. 314. REPORT ON STATUS OF TARGETS IN IMPLEMEN2 TATION PLAN FOR OPERATIONAL ENERGY 

3 STRATEGY. 

4 (a) REPORT REQUIRED.—If the annual report for fis5 cal year 2011 required by section 2925(b) of title 10, 

6 United States Code, is not submitted to the congressional 

7 defense committees by December 31, 2012, the Secretary 

8 of Defense shall submit, not later than June 30, 2013, 

9 to the congressional defense committees a report on the 

10 status of the targets established in the implementation 

11 plan for the operational energy strategy established pursu12 ant to section 139b of such title, as contained in the docu13 ment entitled ‘‘Operational Energy Strategy: Implementa14 tion Plan, Department of Defense, March 2012’’. 

15 (b) ELEMENTS OF REPORT.—The report required by 

16 subsection (a) shall describe, at a minimum, the following: 

17 (1) The status of each of the targets listed in 

18 the implementation plan. 

19 (2) The steps being taken to meet the targets. 

20 (3) The expected date of completion for each 

21 target, if the date is different from the date indi22 cated in the implementation plan. 

23 (4) The reason for any delays in meeting the 

24 targets. 


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1 SEC. 315. LIMITATION ON OBLIGATION OF DEPARTMENT 

2 OF DEFENSE FUNDS FROM DEFENSE PRO3 DUCTION ACT OF 1950 FOR BIOFUEL REFIN4 ERY CONSTRUCTION. 

5 Amounts made available to the Department of De6 fense pursuant to the Defense Production Act of 1950 (50 

7 U.S.C. App. 2061 et seq.) for fiscal year 2013 for biofuels 

8 production may not be obligated or expended for the con9 struction of a biofuel refinery until the Department of De10 fense receives matching contributions from the Depart11 ment of Energy and equivalent contributions from the De12 partment of Agriculture for the same purpose. 

13 SEC. 316. SENSE OF CONGRESS ON PROTECTION OF DE14 PARTMENT OF DEFENSE AIRFIELDS, TRAIN15 ING AIRSPACE, AND AIR TRAINING ROUTES. 

16 It is the sense of Congress that—

17 (1) Department of Defense airfields, training 

18 airspace, and air training routes are critical national 

19 assets that must be protected from encroachment or 

20 mission degradations to the maximum extent prac21 ticable; 

22 (2) placement or emplacement of obstructions 

23 near or on Department of Defense airfields, training 

24 airspace, or air training routes has the potential of 

25 increasing risk to military aircraft and personnel as 

26 well as impacting training and readiness; and 


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1 (3) in the context of a Department of Defense 

2 operational risk assessment and the Department of 

3 Defense Siting Clearinghouse, the Department of 

4 Defense should develop and promulgate comprehen5 sive guidance to assess the degree to which the po6 tential encroachment of a project significantly im7 pairs or degrades the capability of the Department 

8 to conduct missions or maintain readiness to the ex9 tent of presenting an unacceptable risk to national 

10 security with strong consideration given to the input 

11 provided by the military services. 

12 Subtitle C—Logistics and 

13 Sustainment 

14 SEC. 321. EXPANSION AND REAUTHORIZATION OF MULTI15 TRADES DEMONSTRATION PROJECT. 

16 (a) EXPANSION.—Section 338 of the National De17 fense Authorization Act for Fiscal Year 2004 (Public Law 

18 108–136; 10 U.S.C. 5013 note), as most recently amended 

19 by section 329 of the National Defense Authorization Act 

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

21 is amended—

22 (1) by striking subsection (a) and inserting the 

23 following new subsection: 

24 ‘‘(a) DEMONSTRATION PROJECT AUTHORIZED.—In 

25 accordance with subsection 4703 of title 5, United States 


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1 Code, the Secretary of a military department may carry 

2 out a demonstration project at facilities described in sub3 section (b) under which workers who are certified at the 

4 journey level as able to perform multiple trades shall be 

5 promoted by one grade level.’’; and 

6 (2) in subsection (b), by striking ‘‘Logistics 

7 Center, Navy Fleet Readiness Center,’’ and inserting 

8 ‘‘Logistics Complex, Navy Fleet Readiness Center, 

9 Navy shipyard, Marine Corps Logistics Base,’’. 

10 (b) REAUTHORIZATION.—Such section is further 

11 amended—

12 (1) in subsection (d), by striking ‘‘2013’’ and 

13 inserting ‘‘2018’’; and 

14 (2) in subsection (e), by striking ‘‘2014’’ and 

15 inserting ‘‘2019’’. 

16 SEC. 322. RESTORATION AND AMENDMENT OF CERTAIN 

17 PROVISIONS RELATING TO DEPOT-LEVEL 

18 MAINTENANCE AND CORE LOGISTICS CAPA19 BILITIES. 

20 (a) REPEAL.—The following provisions of law are 

21 hereby repealed: 

22 (1) Section 2460 of title 10, United States 

23 Code (as amended by section 321 of the National 

24 Defense Authorization Act for Fiscal Year 2012 

25 (Public Law 112–81)). 


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1 (2) Section 2464 of title 10, United States 

2 Code (as amended by section 327 of the National 

3 Defense Authorization Act for Fiscal Year 2012). 

4 (b) REVIVAL OF SUPERSEDED PROVISIONS.—

5 (1) DEFINITION OF DEPOT-LEVEL MAINTE6 NANCE AND REPAIR.—The provisions of section 

7 2460 of title 10, United States Code, as in effect on 

8 December 30, 2011 (the day before the date of the 

9 enactment of the National Defense Authorization 

10 Act for Fiscal Year 2012), are hereby revived. 

11 (2) CORE LOGISTICS CAPABILITIES.—(A) The 

12 provisions of section 2464 of 10, United States 

13 Code, as in effect on that date, are hereby revived. 

14 (B) The table of sections at the beginning of 

15 chapter 146 of such title is amended by striking the 

16 item relating to section 2464 and inserting the fol17 lowing new item:

‘‘2464. Core logistics capabilities.’’.

18 (c) AMENDMENT TO DEFINITION OF DEPOT-LEVEL

19 MAINTENANCE AND REPAIR.—Subsection (b) of section 

20 2460 of title 10, United States Code, as revived by sub21 section (b), is amended by striking ‘‘or the nuclear refuel22 ing of an aircraft carrier’’ and inserting ‘‘or the nuclear 

23 refueling or defueling of an aircraft carrier and any con24 current complex overhaul’’. 


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1 (d) BIENNIAL CORE REPORT.—Section 2464 of such 

2 title, as revived by subsection (b), is amended by adding 

3 at the end the following new subsections: 

4 ‘‘(d) BIENNIAL CORE REPORT.—Not later than April 

5 1 of each even-numbered year, the Secretary of Defense 

6 shall submit to Congress a report identifying, for each of 

7 the armed forces (except for the Coast Guard), for the 

8 fiscal year after the fiscal year during which the report 

9 is submitted, each of the following: 

10 ‘‘(1) The core depot-level maintenance and re11 pair capability requirements and sustaining work12 loads, organized by work breakdown structure, ex13 pressed in direct labor hours. 

14 ‘‘(2) The corresponding workloads necessary to 

15 sustain core depot-level maintenance and repair ca16 pability requirements, expressed in direct labor 

17 hours and cost. 

18 ‘‘(3) In any case where core depot-level mainte19 nance and repair capability requirements exceed or 

20 are expected to exceed sustaining workloads, a de21 tailed rationale for any and all shortfalls and a plan 

22 either to correct or mitigate the effects of the short23 falls. 

24 ‘‘(e) COMPTROLLER GENERAL REVIEW.—The Comp25 troller General of the United States shall review each reVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 port submitted under subsection (d) for completeness and 

2 compliance and shall submit to the congressional defense 

3 committees findings and recommendations with respect to 

4 the report by not later than 60 days after the date on 

5 which the report is submitted to Congress.’’. 

6 (e) CONFORMING AMENDMENTS.—

7 (1) Section 2366a of title 10, United States 

8 Code, is amended by striking ‘‘core depot-level main9 tenance and repair capabilities’’ each place it ap10 pears and inserting ‘‘core logistics capabilities’’. 

11 (2) Section 2366b(A)(3)(F) of title 10, United 

12 States Code, is amended by striking ‘‘core depot13 level maintenance and repair capabilities, as well as 

14 the associated logistics capabilities’’ and inserting 

15 ‘‘core logistics capabilities’’. 

16 (3) Section 801(c) of the National Defense Au17 thorization Act for Fiscal Year 2012 (125 Stat. 

18 1483; 10 U.S.C. 2366a note) is amended by striking 

19 ‘‘core depot-level maintenance and repair capabili20 ties, as well as the associated logistics capabilities’’ 

21 and inserting ‘‘core logistics capabilities’’. 

22 (f) EFFECTIVE DATE.—This section and the amend23 ments made by this section shall take effect on December 

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1 fense Authorization Act for Fiscal Year 2012, immediately 

2 after the enactment of that Act. 

3 SEC. 323. RATING CHAINS FOR SYSTEM PROGRAM MAN4 AGERS. 

5 The Secretary of the Air Force, in managing system 

6 program management responsibilities for sustainment pro7 grams not assigned to a program executive officer or a 

8 direct reporting program manager, shall comply with the 

9 Department of Defense Instructions regarding assignment 

10 of program responsibility. 

11 Subtitle D—Readiness 

12 SEC. 331. INTERGOVERNMENTAL SUPPORT AGREEMENTS 

13 WITH STATE AND LOCAL GOVERNMENTS. 

14 (a) AGREEMENTS AUTHORIZED.—Chapter 137 of 

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

16 end the following new section: 

17 ‘‘§ 2336. Intergovernmental support agreements with 

18 State and local governments 

19 ‘‘(a) IN GENERAL.—(1) The Secretary concerned 

20 may enter into an intergovernmental support agreement 

21 with a State or local government to provide, receive, or 

22 share installation-support services if the Secretary deter23 mines that the agreement will serve the best interests of 

24 the department by enhancing mission effectiveness or creVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 ating efficiencies or economies of scale, including by reduc2 ing costs. 

3 ‘‘(2) Notwithstanding any other provision of law, an 

4 intergovernmental support agreement under paragraph 

5 (1)—

6 ‘‘(A) may be entered into on a sole-source basis; 

7 ‘‘(B) may be for a term not to exceed five 

8 years; and 

9 ‘‘(C) may use, for installation-support services 

10 provided by a State or local government, wage 

11 grades normally paid by that State or local govern12 ment. 

13 ‘‘(3) An intergovernmental support agreement under 

14 paragraph (1) may only be used when the Secretary con15 cerned or the State or local government, as the case may 

16 be, providing the installation-support services already pro17 vides such services for its own use. 

18 ‘‘(b) EFFECT ON FIRST RESPONDER ARRANGE19 MENTS.—The authority provided by this section and limi20 tations on the use of that authority are not intended to 

21 revoke, preclude, or otherwise interfere with existing or 

22 proposed mutual-aid agreements relating to police or fire 

23 protection services or other similar first responder agree24 ments or arrangements. 


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1 ‘‘(c) AVAILABILITY OF FUNDS.—Funds available to 

2 the Secretary concerned for operation and maintenance 

3 may be used to pay for such installation-support services. 

4 The costs of agreements under this section for any fiscal 

5 year may be paid using annual appropriations made avail6 able for that year. Funds received by the Secretary as re7 imbursement for providing installation-support services 

8 pursuant to such an agreement shall be credited to the 

9 appropriation or account charged with providing installa10 tion support. 

11 ‘‘(d) EFFECT ON OMB CIRCULAR A-76.— The Sec12 retary concerned shall ensure that intergovernmental sup13 port agreements authorized by this section are not used 

14 to circumvent the requirements of Office of Management 

15 and Budget Circular A-76 regarding public-private com16 petitions. 

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

18 ‘‘(1) The term ‘installation-support services’ 

19 means those services, supplies, resources, and sup20 port typically provided by a local government for its 

21 own needs and without regard to whether such serv22 ices, supplies, resources, and support are provided to 

23 its residents generally, except that the term does not 

24 include security guard or fire-fighting functions. 


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1 ‘‘(2) The term ‘local government’ includes a 

2 county, parish, municipality, city, town, township, 

3 local public authority, school district, special district, 

4 and any agency or instrumentality of a local govern5 ment. 

6 ‘‘(3) The term ‘State’ includes the District of 

7 Columbia, the Commonwealths of Puerto Rico and 

8 the Northern Mariana Islands, American Samoa, 

9 Guam, and the United States Virgin Islands, and 

10 any agency or instrumentality of a State.’’. 

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

12 at the beginning of such chapter is amended by adding 

13 at the end the following new item:

‘‘2336. Intergovernmental support agreements with State and local governments.’’.

14 SEC. 332. EXPANSION AND REAUTHORIZATION OF PILOT 

15 PROGRAM FOR AVAILABILITY OF WORKING16 CAPITAL FUNDS FOR PRODUCT IMPROVE17 MENTS. 

18 (a) EXPANSION.—Section 330 of the National De19 fense Authorization Act for Fiscal Year 2008 (Public Law 

20 110–181; 122 Stat. 68) is amended—

21 (1) in subsection (a), by inserting ‘‘, the Sec22 retary of the Navy, and the Secretary of the Air 

23 Force (in this section referred to as the ‘Secretary 

24 concerned’)’’ after ‘‘the Secretary of the Army’’; 


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1 (2) in subsection (d)—

2 (A) by inserting ‘‘by the Secretary con3 cerned’’ after ‘‘submitted’’; and 

4 (B) by inserting ‘‘by the Secretary con5 cerned’’ after ‘‘used’’; and 

6 (3) in subsection (e)—

7 (A) in paragraph (1), by striking ‘‘the As8 sistant Secretary of the Army for Acquisition, 

9 Logistics, and Technology, in consultation with 

10 the Assistant Secretary of the Army for Finan11 cial Management and Comptroller,’’ and insert12 ing ‘‘the Secretary concerned’’; and 

13 (B) in paragraph (2), by striking ‘‘the As14 sistant Secretary of the Army for Acquisition, 

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

16 Secretary concerned’’. 

17 (b) COVERED PRODUCT IMPROVEMENTS.—Sub18 section (b) of such section is amended—

19 (1) by inserting ‘‘retrofit, modernization, up20 grade, or rebuild of a’’ before ‘‘component’’; and 

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

22 and inserting ‘‘reliability, availability, and maintain23 ability’’. 


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1 (c) LIMITATION ON CERTAIN PROJECTS.—Sub2 section (c)(1) of such section is amended by striking ‘‘per3 formance envelope’’ and inserting ‘‘capability’’. 

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

5 such section is amended—

6 (1) in paragraph (2), by striking ‘‘2012’’ and 

7 inserting ‘‘2017’’; and 

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

9 inserting ‘‘45 days’’. 

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

11 amended by section 354 of the National Defense Author12 ization Act for Fiscal Year 2012 (Public Law 112–81; 125 

13 Stat. 1377), is further amended by striking ‘‘2014’’ and 

14 inserting ‘‘2018’’. 

15 (f) CLERICAL AMENDMENT.—The heading of such 

16 section is amended by striking ‘‘TO ARMY’’. 

17 SEC. 333. DEPARTMENT OF DEFENSE NATIONAL STRA18 TEGIC PORTS STUDY AND COMPTROLLER 

19 GENERAL STUDIES AND REPORTS ON STRA20 TEGIC PORTS. 

21 (a) SENSE OF CONGRESS ON COMPLETION OF DOD 

22 REPORT.—It is the sense of Congress that the Secretary 

23 of Defense should expedite completion of the study of stra24 tegic ports in the United States called for in the con25 ference report to accompany the National Defense AuthorVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 ization Act for Fiscal Year 2012 (Conference Report 112–

2 329) so that it can be submitted to Congress before De3 cember 31, 2012. 

4 (b) COMPTROLLER GENERAL SUFFICIENCY RE5 VIEW.—

6 (1) SUBMISSION OF DOD REPORT.—In addition 

7 to submitting the report referred to in subsection (a) 

8 to Congress, the Secretary of Defense shall submit 

9 the report to the Comptroller General of the United 

10 States. 

11 (2) SUFFICIENCY REVIEW.—Not later than 90 

12 days after receiving the report under paragraph (1), 

13 the Comptroller General shall—

14 (A) conduct a sufficiency review of the re15 port; and 

16 (B) submit to the congressional defense 

17 committees a report containing the results of 

18 the review. 

19 (c) COMPTROLLER GENERAL STUDY AND REPORT

20 ON STRATEGIC PORTS.—

21 (1) STUDY AND REPORT REQUIRED.—Not later 

22 than 270 days after the date of the enactment of 

23 this Act, the Comptroller General shall—

24 (A) conduct a study of the programs and 

25 efforts of the Department of Defense related to 


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1 the state of strategic ports with respect to the 

2 operational and readiness requirements of the 

3 Department; and 

4 (B) submit to the congressional defense 

5 committees a report containing the findings of 

6 the study. 

7 (2) ELEMENTS OF STUDY.—The study required 

8 by paragraph (1) shall include an assessment of—

9 (A) the extent to which the facilities at 

10 strategic ports meet the requirements of the 

11 Department of Defense; 

12 (B) the extent to which the Department 

13 has identified gaps in the ability of existing 

14 strategic ports to meet its needs and identified 

15 and undertaken efforts to address any gaps; 

16 and 

17 (C) the ability of the Department to over18 see, coordinate, and provide security for mili19 tary deployments through strategic ports. 

20 (d) STRATEGIC PORT DEFINED.—In this section, the 

21 term ‘‘strategic port’’ means a United States port des22 ignated by the Secretary of Defense as a significant trans23 portation hub important to the readiness and cargo 

24 throughput capacity of the Department of Defense. 


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1 Subtitle E—Reports 

2 SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE 

3 LONG-TERM CORROSION STRATEGY. 

4 Section 2228(e) of title 10, United States Code, is 

5 amended—

6 (1) in paragraph (1)—

7 (A) in subparagraph (B), by inserting ‘‘, 

8 including available validated data on return on 

9 investment for completed corrosion projects and 

10 activities’’ after ‘‘the strategy’’; 

11 (B) in subparagraph (E), by striking ‘‘For 

12 the fiscal year covered by the report and the 

13 preceding fiscal year’’ and inserting ‘‘For the 

14 fiscal year preceding the fiscal year covered by 

15 the report’’; and 

16 (C) by inserting at the end the following 

17 new subparagraph: 

18 ‘‘(F) For the fiscal year preceding the fiscal 

19 year covered by the report, a description of the spe20 cific amount of funds used for military corrosion 

21 projects, the Technical Corrosion Collaboration pilot 

22 program, and other corrosion-related activities.’’; 

23 (2) by striking paragraph (2); and 

24 (3) by redesignating paragraph (3) as para25 graph (2). 


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1 SEC. 342. REPORT ON JOINT STRATEGY FOR READINESS 

2 AND TRAINING IN A C4ISR-DENIED ENVIRON3 MENT. 

4 (a) REPORT REQUIRED.—Not later than one year 

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

6 of Defense, in consultation with the Chairman of the Joint 

7 Chiefs of Staff, shall submit to Congress a report on the 

8 readiness of the joint force to conduct operations in envi9 ronments where there is no access to Command, Control, 

10 Communications, Computers, Intelligence, Surveillance, 

11 and Reconnaissance (in this section referred to as 

12 ‘‘C4ISR’’) systems, including satellite communications, 

13 classified Internet protocol-based networks, and the Global 

14 Positioning System (in this section referred to as ‘‘GPS’’). 

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

16 subsection (a) shall include a description of the steps 

17 taken and planned to be taken—

18 (1) to identify likely threats to the C4ISR sys19 tems of the United States, including both weapons 

20 and those states with such capabilities as well as the 

21 most likely areas in which C4ISR systems could be 

22 at risk; 

23 (2) to identify vulnerabilities to the C4ISR sys24 tems of the United States that could result in a 

25 C4ISR-denied environment; 


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1 (3) to determine how the Armed Forces should 

2 respond in order to reconstitute C4ISR systems, pre3 vent further denial of C4ISR systems, and develop 

4 counter-attack capabilities; 

5 (4) to determine which types of joint operations 

6 could be feasible in an environment in which access 

7 to C4ISR systems is restricted or denied; 

8 (5) to conduct training and exercises for sus9 taining combat and logistics operations in C4ISR-de10 nied environments; and 

11 (6) to propose changes to current tactics, tech12 niques, and procedures to prepare to operate in an 

13 environment in which C4ISR systems are degraded 

14 or denied for 48-hour, 7-day, 30-day, or 60-day peri15 ods. 

16 (c) JOINT EXERCISE PLAN REQUIRED.—Based on 

17 the findings of the report required by subsection (a), the 

18 Chairman of the Joint Chiefs of Staff shall develop a road19 map and joint exercise plan for the joint force to operate 

20 in an environment where access to C4ISR systems, includ21 ing satellite communications, classified Internet protocol22 based networks, and the GPS network, is denied. The plan 

23 and joint exercise program shall include—

24 (1) the development of alternatives to satellite 

25 communications, classified Internet protocol-based 


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1 networks, and GPS for logistics, intelligence, surveil2 lance, reconnaissance, and combat operations; and 

3 (2) methods to mitigate dependency on satellite 

4 communications, classified Internet protocol-based 

5 networks, and GPS; 

6 (3) methods to protect vulnerable satellite com7 munications, classified Internet protocol-based net8 works, and GPS; and 

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

10 fleet battle experiments, to enable the force to oper11 ate in a satellite communications, Internet protocol12 based network, and GPS-denied environment. 

13 (d) FORM OF REPORT.—The report required to be 

14 submitted by subsection (a) shall be submitted in unclassi15 fied form, but may include a classified annex. 

16 SEC. 343. COMPTROLLER GENERAL REVIEW OF ANNUAL 

17 DEPARTMENT OF DEFENSE REPORT ON 

18 PREPOSITIONED MATERIEL AND EQUIP19 MENT. 

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

21 is amended—

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

23 after the date on which a report is submitted under 

24 subsection (a), the’’ and inserting ‘‘The’’; and 


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

2 report submitted under subsection (a)’’. 

3 SEC. 344. MODIFICATION OF REPORT ON MAINTENANCE 

4 AND REPAIR OF VESSELS IN FOREIGN SHIP5 YARDS. 

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

7 amended—

8 (1) in paragraph (3)—

9 (A) in the matter preceding subparagraph 

10 (A), by striking ‘‘The report’’ and inserting the 

11 following: ‘‘Except as provided in paragraph 

12 (4), the report’’; and 

13 (B) in subparagraph (A), by inserting after 

14 ‘‘justification under law’’ the following: ‘‘and 

15 operational justification’’; 

16 (2) by redesignating paragraph (4) as para17 graph (5); 

18 (3) by inserting after paragraph (3) the fol19 lowing new paragraph (4): 

20 ‘‘(4) In the case of a covered vessel described 

21 in subparagraph (C) of paragraph (5), the report 

22 shall not be required to include the information de23 scribed in subparagraphs (A), (E), (F), (G), and (I) 

24 of paragraph (3).’’; and 


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1 (4) in paragraph (5), as redesignated by para2 graph (2) of this section, by adding at the end the 

3 following new subparagraph: 

4 ‘‘(C) A vessel not described in subparagraph 

5 (A) or (B) that is operated pursuant to a contract 

6 entered into by the Secretary of the Navy and the 

7 Maritime Administration or the United States 

8 Transportation Command in support of Department 

9 of Defense operations.’’. 

10 SEC. 345. EXTENSION OF DEADLINE FOR COMPTROLLER 

11 GENERAL REPORT ON DEPARTMENT OF DE12 FENSE SERVICE CONTRACT INVENTORY. 

13 Section 803(c) of the National Defense Authorization 

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

15 2402) is amended by striking ‘‘180 days’’ and inserting 

16 ‘‘270 days’’. 

17 Subtitle F—Limitations and 

18 Extension of Authority 

19 SEC. 351. REPEAL OF REDUNDANT AUTHORITY TO ENSURE 

20 INTEROPERABILITY OF LAW ENFORCEMENT 

21 AND EMERGENCY RESPONDER TRAINING. 

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

23 amended—

24 (1) by striking ‘‘(a) IN GENERAL.—’’; and 

25 (2) by striking subsection (b). 


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1 SEC. 352. AEROSPACE CONTROL ALERT MISSION. 

2 (a) CONSOLIDATED BUDGET EXHIBIT.—The Sec3 retary of Defense shall establish a consolidated budget jus4 tification display that fully identifies the baseline aero5 space control alert budget for each of the military services 

6 and encompasses all programs and activities of the aero7 space control alert mission for each of the following func8 tions: 

9 (1) Procurement. 

10 (2) Operation and maintenance. 

11 (3) Research, development, testing, and evalua12 tion. 

13 (4) Military construction. 

14 (b) REPORT.—

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

16 April 1, 2013, the Secretary of Defense shall submit 

17 to the congressional defense committees a report 

18 that provides a cost-benefit analysis and risk-based 

19 assessment of the aerospace control alert mission as 

20 it relates to expected future changes to the budget 

21 and force structure of such mission. 

22 (2) COMPTROLLER GENERAL REVIEW.—Not 

23 later than 120 days after the date on which the Sec24 retary submits the report required by paragraph (1), 

25 the Comptroller General of the United States shall—


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1 (A) conduct a review of the Department of 

2 Defense cost-benefit analysis and risk-based as3 sessment contained in the report; and 

4 (B) submit to the congressional defense 

5 committees a report on the findings of such re6 view. 

7 (c) SENSE OF CONGRESS ON THE ESSENTIAL SERV8 ICE PROVIDED BY AIR FORCE WINGS PERFORMING

9 AEROSPACE CONTROL ALERT MISSIONS.—It is the sense 

10 of Congress that Air Force wings performing the 24-hour 

11 aerospace control alert missions provide an essential serv12 ice in defending the sovereign airspace of the United 

13 States in the aftermath of the terrorist attacks upon the 

14 United States on September 11, 2001. 

15 SEC. 353. LIMITATION ON AUTHORIZATION OF APPROPRIA16 TIONS FOR THE NATIONAL MUSEUM OF THE 

17 UNITED STATES ARMY. 

18 Of the amounts authorized to be appropriated for Op19 eration and Maintenance for fiscal year 2013, not more 

20 than $5,000,000 shall be made available for the National 

21 Museum of the United States Army until the Secretary 

22 of the Army submits to the congressional defense commit23 tees certification in writing that sufficient private funding 

24 has been raised to fund the construction of the portion 

25 of the museum known as the ‘‘Baseline Museum’’ and that 


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1 at least 50 percent of the Baseline Museum has been com2 pleted. 

3 SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR RE4 TIREMENT OR INACTIVATION OF TICON5 DEROGA CLASS CRUISERS OR DOCK LAND6 ING SHIPS. 

7 None of the funds authorized to be appropriated by 

8 this Act or otherwise made available for fiscal year 2013 

9 for the Department of Defense may be obligated or ex10 pended to retire, prepare to retire, inactivate, or place in 

11 storage a cruiser or dock landing ship. 

12 SEC. 355. RENEWAL OF EXPIRED PROHIBITION ON RETURN 

13 OF VETERANS MEMORIAL OBJECTS WITHOUT 

14 SPECIFIC AUTHORIZATION IN LAW. 

15 (a) CODIFICATION OF PROHIBITION.—Section 2572 

16 of title 10, United States Code, is amended by adding at 

17 the end the following new subsection: 

18 ‘‘(e)(1) Except as provided in paragraph (3), and not19 withstanding this section or any other provision of law, 

20 the President may not transfer a veterans memorial object 

21 to a foreign country or an entity controlled by a foreign 

22 government, or otherwise transfer or convey such an ob23 ject to any person or entity for purposes of the ultimate 

24 transfer or conveyance of the object to a foreign country 

25 or entity controlled by a foreign government. 


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1 ‘‘(2) In this subsection: 

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

3 government’ has the meaning given that term in sec4 tion 2536(c)(1) of this title. 

5 ‘‘(B) The term ‘veterans memorial object’ 

6 means any object, including a physical structure or 

7 portion thereof, that—

8 ‘‘(i) is located at a cemetery of the Na9 tional Cemetery System, war memorial, or mili10 tary installation in the United States; 

11 ‘‘(ii) is dedicated to, or otherwise memori12 alizes, the death in combat or combat-related 

13 duties of members of the armed forces; and 

14 ‘‘(iii) was brought to the United States 

15 from abroad as a memorial of combat abroad. 

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

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

18 ‘‘(A) the transfer of that veterans memorial ob19 ject is specifically authorized by law; or 

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

21 2017.’’. 

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

23 1051 of the National Defense Authorization Act for Fiscal 

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

25 repealed. 


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1 Subtitle G—National Commission 

2 on the Structure of the Air Force 

3 SEC. 361. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘National Commis5 sion on the Structure of the Air Force Act of 2012’’. 

6 SEC. 362. ESTABLISHMENT OF COMMISSION. 

7 (a) ESTABLISHMENT.—There is established the Na8 tional Commission on the Structure of the Air Force (in 

9 this subtitle referred to as the ‘‘Commission’’). 

10 (b) MEMBERSHIP.—

11 (1) COMPOSITION.—The Commission shall be 

12 composed of eight members, of whom—

13 (A) four shall be appointed by the Presi14 dent; 

15 (B) one shall be appointed by the Chair16 man of the Committee on Armed Services of 

17 the Senate; 

18 (C) one shall be appointed by the Ranking 

19 Member of the Committee on Armed Services of 

20 the Senate; 

21 (D) one shall be appointed by the Chair22 man of the Committee on Armed Services of 

23 the House of Representatives; and 


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1 (E) one shall be appointed by the Ranking 

2 Member of the Committee on Armed Services of 

3 the House of Representatives. 

4 (2) APPOINTMENT DATE.—The appointments of 

5 the members of the Commission shall be made not 

6 later than 90 days after the date of the enactment 

7 of this Act. 

8 (3) EFFECT OF LACK OF APPOINTMENT BY AP9 POINTMENT DATE.—If one or more appointments 

10 under subparagraph (A) of paragraph (1) is not 

11 made by the appointment date specified in para12 graph (2), the authority to make such appointment 

13 or appointments shall expire, and the number of 

14 members of the Commission shall be reduced by the 

15 number equal to the number of appointments so not 

16 made. If an appointment under subparagraph (B), 

17 (C), (D), or (E) of paragraph (1) is not made by the 

18 appointment date specified in paragraph (2), the au19 thority to make an appointment under such subpara20 graph shall expire, and the number of members of 

21 the Commission shall be reduced by the number 

22 equal to the number otherwise appointable under 

23 such subparagraph. 


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1 (4) EXPERTISE.—In making appointments 

2 under this subsection, consideration should be given 

3 to individuals with expertise in reserve forces policy. 

4 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem5 bers shall be appointed for the life of the Commission. Any 

6 vacancy in the Commission shall not affect its powers, but 

7 shall be filled in the same manner as the original appoint8 ment. 

9 (d) INITIAL MEETING.—Not later than 30 days after 

10 the date on which all members of the Commission have 

11 been appointed, the Commission shall hold its first meet12 ing. 

13 (e) MEETINGS.—The Commission shall meet at the 

14 call of the Chair. 

15 (f) QUORUM.—A majority of the members of the 

16 Commission shall constitute a quorum, but a lesser num17 ber of members may hold hearings. 

18 (g) CHAIR AND VICE CHAIRMAN.—The Commission 

19 shall select a Chair and Vice Chair from among its mem20 bers. 

21 SEC. 363. DUTIES OF THE COMMISSION. 

22 (a) STUDY.—

23 (1) IN GENERAL.—The Commission shall un24 dertake a comprehensive study of the structure of 

25 the Air Force to determine whether, and how, the 


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1 structure should be modified to best fulfill current 

2 and anticipated mission requirements for the Air 

3 Force in a manner consistent with available re4 sources. 

5 (2) CONSIDERATIONS.—In considering the 

6 structure of the Air Force, the Commission shall 

7 give particular consideration to evaluating a struc8 ture that—

9 (A) meets current and anticipated require10 ments of the combatant commands; 

11 (B) achieves an appropriate balance be12 tween the regular and reserve components of 

13 the Air Force, taking advantage of the unique 

14 strengths and capabilities of each; 

15 (C) ensures that the regular and reserve 

16 components of the Air Force have the capacity 

17 needed to support current and anticipated 

18 homeland defense and disaster assistance mis19 sions in the United States; 

20 (D) provides for sufficient numbers of reg21 ular members of the Air Force to provide a 

22 base of trained personnel from which the per23 sonnel of the reserve components of the Air 

24 Force could be recruited; 


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1 (E) maintains a peacetime rotation force 

2 to support operational tempo goals of 1:2 for 

3 regular members of the Air Forces and 1:5 for 

4 members of the reserve components of the Air 

5 Force; and 

6 (F) maximizes and appropriately balances 

7 affordability, efficiency, effectiveness, capability, 

8 and readiness. 

9 (b) REPORT.—Not later than February 1, 2014, the 

10 Commission shall submit to the President and the con11 gressional defense committees a report which shall contain 

12 a detailed statement of the findings and conclusions of the 

13 Commission as a result of the study required by subsection 

14 (a), together with its recommendations for such legislation 

15 and administrative actions it may consider appropriate in 

16 light of the results of the study. 

17 SEC. 364. POWERS OF THE COMMISSION. 

18 (a) HEARINGS.—The Commission may hold such 

19 hearings, sit and act at such times and places, take such 

20 testimony, and receive such evidence as the Commission 

21 considers advisable to carry out this subtitle. 

22 (b) INFORMATION FROM FEDERAL AGENCIES.—The 

23 Commission may secure directly from any Federal depart24 ment or agency such information as the Commission con25 siders necessary to carry out this subtitle. Upon request 


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1 of the Chair of the Commission, the head of such depart2 ment or agency shall furnish such information to the Com3 mission. 

4 (c) POSTAL SERVICES.—The Commission may use 

5 the United States mails in the same manner and under 

6 the same conditions as other departments and agencies of 

7 the Federal Government. 

8 (d) GIFTS.—The Commission may accept, use, and 

9 dispose of gifts or donations of services or property. 

10 SEC. 365. COMMISSION PERSONNEL MATTERS. 

11 (a) COMPENSATION OF MEMBERS.—Each member of 

12 the Commission who is not an officer or employee of the 

13 Federal Government shall be compensated at a rate equal 

14 to the daily equivalent of the annual rate of basic pay pre15 scribed for level IV of the Executive Schedule under sec16 tion 5315 of title 5, United States Code, for each day (in17 cluding travel time) during which such member is engaged 

18 in the performance of the duties of the Commission. All 

19 members of the Commission who are officers or employees 

20 of the United States shall serve without compensation in 

21 addition to that received for their services as officers or 

22 employees of the United States. 

23 (b) TRAVEL EXPENSES.—The members of the Com24 mission shall be allowed travel expenses, including per 

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1 ees of agencies under subchapter I of chapter 57 of title 

2 5, United States Code, while away from their homes or 

3 regular places of business in the performance of services 

4 for the Commission. 

5 (c) STAFF.—

6 (1) IN GENERAL.—The Chair of the Commis7 sion may, without regard to the civil service laws 

8 and regulations, appoint and terminate an executive 

9 director and such other additional personnel as may 

10 be necessary to enable the Commission to perform 

11 its duties. The employment of an executive director 

12 shall be subject to confirmation by the Commission. 

13 (2) COMPENSATION.—The Chair of the Com14 mission may fix the compensation of the executive 

15 director and other personnel without regard to chap16 ter 51 and subchapter III of chapter 53 of title 5, 

17 United States Code, relating to classification of posi18 tions and General Schedule pay rates, except that 

19 the rate of pay for the executive director and other 

20 personnel may not exceed the rate payable for level 

21 V of the Executive Schedule under section 5316 of 

22 such title. 

23 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

24 Federal Government employee may be detailed to the 

25 Commission without reimbursement, and such detail shall 


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1 be without interruption or loss of civil service status or 

2 privilege. 

3 (e) PROCUREMENT OF TEMPORARY AND INTERMIT4 TENT SERVICES.—The Chair of the Commission may pro5 cure temporary and intermittent services under section 

6 3109(b) of title 5, United States Code, at rates for individ7 uals which do not exceed the daily equivalent of the annual 

8 rate of basic pay prescribed for level V of the Executive 

9 Schedule under section 5316 of such title. 

10 SEC. 366. TERMINATION OF THE COMMISSION. 

11 The Commission shall terminate 90 days after the 

12 date on which the Commission submits its report under 

13 section 363. 

14 SEC. 367. FUNDING. 

15 Amounts authorized to be appropriated for fiscal year 

16 2013 and available for operation and maintenance for the 

17 Air Force as specified in the funding table in section 4301 

18 may be available for the activities of the Commission 

19 under this subtitle. 

20 Subtitle H—Other Matters 

21 SEC. 371. MILITARY WORKING DOG MATTERS. 

22 (a) RETIREMENT OF MILITARY WORKING DOGS.—

23 Section 2583 of title 10, United States Code, is amend24 ed—


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1 (1) by redesignating subsections (f) and (g) as 

2 subsections (g) and (h), respectively; and 

3 (2) by inserting after subsection (e) the fol4 lowing new subsection (f): 

5 ‘‘(f) TRANSFER OF RETIRED MILITARY WORKING

6 DOGS.—If the Secretary of the military department con7 cerned determines that a military working dog should be 

8 retired, and no suitable adoption is available at the mili9 tary facility where the dog is located, the Secretary may 

10 transfer the dog—

11 ‘‘(1) to the 341st Training Squadron; or 

12 ‘‘(2) to another location for adoption under this 

13 section.’’. 

14 (b) VETERINARY CARE FOR RETIRED MILITARY

15 WORKING DOGS.—

16 (1) IN GENERAL.—Chapter 50 of title 10, 

17 United States Code, is amended by adding at the 

18 end the following new section: 

19 ‘‘§ 994. Military working dogs: veterinary care for re20 tired military working dogs 

21 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

22 establish and maintain a system to provide for the veteri23 nary care of retired military working dogs. No funds may 

24 be provided by the Federal Government for this purpose. 


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

2 dog eligible for veterinary care under this section is any 

3 military working dog adopted under section 2583 of this 

4 title. 

5 ‘‘(c) STANDARDS OF CARE.—The veterinary care pro6 vided under the system authorized by this section shall 

7 meet such standards as the Secretary shall establish and 

8 from time to time update.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 50 of such title is 

11 amended by adding at the end the following new 

12 item:

‘‘994. Military working dogs: veterinary care for retired military working dogs.’’.

13 SEC. 372. COMPTROLLER GENERAL REVIEW OF HANDLING, 

14 LABELING, AND PACKAGING PROCEDURES 

15 FOR HAZARDOUS MATERIAL SHIPMENTS. 

16 (a) COMPTROLLER GENERAL REVIEW.—The Comp17 troller General of the United States shall conduct a review 

18 of the policies and procedures of the Department of De19 fense for the handling, labeling, and packaging of haz20 ardous material shipments. 

21 (b) MATTERS INCLUDED.—The review conducted 

22 under subsection (a) shall address the following: 

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1 cedures of hazardous material shipments to support 

2 military operations. 

3 (2) The extent to which such guidance, policies, 

4 and procedures contribute to the safe, timely, and 

5 cost-effective handling of such material. 

6 (3) The extent to which discrepancies in De7 partment of Transportation guidance, policies, and 

8 procedures pertaining to handling, labeling, and 

9 packaging of hazardous material shipments in com10 merce and similar Department of Defense guidance, 

11 policies, and procedures pertaining to the handling, 

12 labeling, and packaging of hazardous material ship13 ments impact the safe, timely, and cost-effective 

14 handling of such material. 

15 (4) Any additional matters that the Comptroller 

16 General determines will further inform the appro17 priate congressional committees on issues related to 

18 the handling, labeling, and packaging procedures for 

19 hazardous material shipments to members of the 

20 Armed Forces worldwide. 

21 (c) REPORT.—Not later than one year after the date 

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

23 submit to the appropriate congressional committees a re24 port of the review conducted under subsection (a). 


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1 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.—

2 In this section, the term ‘‘appropriate congressional com3 mittees’’ means the following: 

4 (1) The congressional defense committees. 

5 (2) The Committee on Transportation and In6 frastructure of the House of Representatives and the 

7 Committee on Commerce, Science, and Transpor8 tation of the Senate. 

9 TITLE IV—MILITARY 

10 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.

11 Subtitle A—Active Forces 

12 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

13 The Armed Forces are authorized strengths for active 

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

15 (1) The Army, 552,100. 

16 (2) The Navy, 322,700. 


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

2 (4) The Air Force, 329,460. 

3 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

4 STRENGTH MINIMUM LEVELS. 

5 (a) MINIMUM END STRENGTH.—Subsection (b) of 

6 section 691 of title 10, United States Code, is amended 

7 by striking paragraphs (1) through (4) and inserting the 

8 following new paragraphs: 

9 ‘‘(1) For the Army, 542,700. 

10 ‘‘(2) For the Navy, 322,700. 

11 ‘‘(3) For the Marine Corps, 193,500. 

12 ‘‘(4) For the Air Force, 329,460.’’. 

13 (b) LIMITED REDUCTION AUTHORITY.—Such section 

14 is further amended by inserting after subsection (d) the 

15 following new subsection: 

16 ‘‘(e) The Secretary of Defense may reduce a number 

17 specified in subsection (b) by not more than 0.5 percent.’’. 

18 SEC. 403. ANNUAL LIMITATION ON END STRENGTH REDUC19 TIONS FOR REGULAR COMPONENT OF THE 

20 ARMY AND MARINE CORPS. 

21 (a) ANNUAL LIMITATION ON ARMY END STRENGTH

22 REDUCTIONS.—The end strength of the regular compo23 nent of the Army shall not be reduced by more than 

24 15,000 members during each of fiscal years 2014 through 


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1 2017 from the end strength of the regular component of 

2 the Army at the end of the preceding fiscal year. 

3 (b) ANNUAL LIMITATION ON MARINE CORPS END

4 STRENGTH REDUCTIONS.—The end strength of the reg5 ular component of the Marine Corps shall not be reduced 

6 by more than 5,000 members during each of fiscal years 

7 2014 through 2017 from the end strength of the regular 

8 component of the Marine Corps at the end of the pre9 ceding fiscal year. 

10 SEC. 404. ADDITIONAL MARINE CORPS PERSONNEL FOR 

11 THE MARINE CORPS SECURITY GUARD PRO12 GRAM. 

13 (a) ADDITIONAL PERSONNEL.—

14 (1) IN GENERAL.—The Secretary of Defense 

15 shall develop and implement a plan to increase the 

16 number of members of the Marine Corps assigned to 

17 the Marine Corps Embassy Security Group at 

18 Quantico, Virginia, and Marine Security Group Re19 gional Commands and Marine Security Group de20 tachments at United States embassies, consulates, 

21 and other diplomatic facilities by up to 1,000 Ma22 rines. 

23 (2) PURPOSE.—The purpose of the increase 

24 under paragraph (1) is to provide the additional end 

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1 hanced Marine Corps security at United States em2 bassies, consulates, and other diplomatic facilities, 

3 particularly at locations identified by the Secretary 

4 of State as in need of additional security because of 

5 threats to United States personnel and property. 

6 (b) CONSULTATION.—The Secretary of Defense shall 

7 develop and implement the plan required by subsection (a) 

8 in consultation with the Secretary of State pursuant to 

9 the responsibility of the Secretary of State for diplomatic 

10 security under section 103 of the Diplomatic Security Act 

11 (22 U.S.C. 4802), and in accordance with any current 

12 memorandum of understanding between the Department 

13 of State and the Marine Corps on the operational and ad14 ministrative supervision of the Marine Corps Security 

15 Guard Program. 

16 (c) SUPPORTING INFORMATION FOR BUDGET RE17 QUESTS.—The material submitted in support of the budg18 et of the President for each fiscal year after fiscal year 

19 2013, as submitted to Congress pursuant to section 

20 1105(a) of title 31, United States Code, shall include the 

21 following with regard to the Marine Corps Security Guard 

22 Program: 

23 (1) A description of the expanded security sup24 port to be provided by Marine Corps Security 


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1 Guards to the Department of State during that fis2 cal year, including—

3 (A) any increased internal security to be 

4 provided at United States embassies, con5 sulates, and other diplomatic facilities; 

6 (B) any increased support for emergency 

7 action planning, training, and advising of host 

8 nation security forces; and 

9 (C) any expansion of intelligence collection 

10 activities. 

11 (2) A description of the current status of Ma12 rine Corps personnel assigned to the Marine Corps 

13 Security Guard Program as a result of the plan re14 quired by subsection (a). 

15 (3) A description of the Department of Defense 

16 resources required during that fiscal year for the 

17 Marine Corps Security Guard Program, including 

18 total funding for personnel, operation and mainte19 nance, and procurement, and for key supporting pro20 grams to enable both the current and expanded Pro21 gram mission during that fiscal year. 

22 (d) PRESERVATION OF FUNDING FOR MARINE CORPS

23 UNDER NATIONAL MILITARY STRATEGY.—In determining 

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1 gram and for additional personnel under the Program, the 

2 President shall ensure that amounts requested for the Ma3 rine Corps for that fiscal year do not degrade the readi4 ness of the Marine Corps to fulfill the requirements of the 

5 National Military Strategy prescribed by the Chairman of 

6 the Joint Chiefs of Staff. 

7 (e) REPORTING REQUIREMENTS.—

8 (1) MISSION ASSESSMENT.—Not later than Oc9 tober 1, 2013, the Secretary of Defense shall—

10 (A) conduct an assessment of the mission 

11 of the Marine Corps Security Guard Program 

12 and the procedural rules of engagement under 

13 the Program, in light of current and emerging 

14 threats to United States diplomatic personnel; 

15 and 

16 (B) submit to Congress a report on the as17 sessment, including a description and assess18 ment of options to improve the Program to re19 spond to such threats. 

20 (2) NOTIFICATION OF CHANGES IN SCOPE OF

21 PROGRAM IN RESPONSE TO CHANGING THREATS.—If 

22 the President determines that a modification (wheth23 er an increase or a decrease) in the scope of the Ma24 rine Corps Security Guard Program is necessary or 

25 advisable in light of any change in the nature of 


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1 threats to United States embassies, consulates, and 

2 other diplomatic facilities abroad, the President 

3 shall—

4 (A) notify Congress of such modification 

5 and the change in the nature of threats prompt6 ing such modification; and 

7 (B) take such modification into account in 

8 requesting an end strength and funds for the 

9 Program for any fiscal year in which such 

10 modification is in effect. 

11 Subtitle B—Reserve Forces 

12 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

14 strengths for Selected Reserve personnel of the reserve 

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

16 (1) The Army National Guard of the United 

17 States, 358,200. 

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

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

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

21 (5) The Air National Guard of the United 

22 States, 105,700. 

23 (6) The Air Force Reserve, 70,880. 

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


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1 (b) END STRENGTH REDUCTIONS.—The end 

2 strengths prescribed by subsection (a) for the Selected Re3 serve of any reserve component shall be proportionately 

4 reduced by—

5 (1) the total authorized strength of units orga6 nized to serve as units of the Selected Reserve of 

7 such component which are on active duty (other 

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

9 (2) the total number of individual members not 

10 in units organized to serve as units of the Selected 

11 Reserve of such component who are on active duty 

12 (other than for training or for unsatisfactory partici13 pation in training) without their consent at the end 

14 of the fiscal year. 

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

16 individual members of the Selected Reserve of any reserve 

17 component are released from active duty during any fiscal 

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

19 the Selected Reserve of such reserve component shall be 

20 increased proportionately by the total authorized strengths 

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

22 members. 


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1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

2 DUTY IN SUPPORT OF THE RESERVES. 

3 Within the end strengths prescribed in section 

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

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

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

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

10 (1) The Army National Guard of the United 

11 States, 32,060. 

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

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

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

15 (5) The Air National Guard of the United 

16 States, 14,765. 

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

18 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

19 (DUAL STATUS). 

20 The minimum number of military technicians (dual 

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

24 be the following: 

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

26 States, 27,210. 


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1 (2) For the Army Reserve, 8,395. 

2 (3) For the Air National Guard of the United 

3 States, 22,180. 

4 (4) For the Air Force Reserve, 10,400. 

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

6 NON-DUAL STATUS TECHNICIANS. 

7 (a) LIMITATIONS.—

8 (1) NATIONAL GUARD.—Within the limitation 

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

10 States Code, the number of non-dual status techni11 cians employed by the National Guard as of Sep12 tember 30, 2013, may not exceed the following: 

13 (A) For the Army National Guard of the 

14 United States, 1,600. 

15 (B) For the Air National Guard of the 

16 United States, 350. 

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

18 status technicians employed by the Army Reserve as 

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

20 (3) AIR FORCE RESERVE.—The number of non21 dual status technicians employed by the Air Force 

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

23 90. 

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

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


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

2 United States Code. 

3 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU4 THORIZED TO BE ON ACTIVE DUTY FOR 

5 OPERATIONAL SUPPORT. 

6 During fiscal year 2013, the maximum number of 

7 members of the reserve components of the Armed Forces 

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

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

10 States Code, is the following: 

11 (1) The Army National Guard of the United 

12 States, 17,000. 

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

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

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

16 (5) The Air National Guard of the United 

17 States, 16,000. 

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

19 Subtitle C—Authorization of 

20 Appropriations 

21 SEC. 421. MILITARY PERSONNEL. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

23 are hereby authorized to be appropriated for fiscal year 

24 2013 for the use of the Armed Forces and other activities 

25 and agencies of the Department of Defense for expenses, 


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1 not otherwise provided for, for military personnel, as spec2 ified in the funding table in section 4401. 

3 (b) CONSTRUCTION OF AUTHORIZATION.—The au4 thorization of appropriations in subsection (a) supersedes 

5 any other authorization of appropriations (definite or in6 definite) for such purpose for fiscal year 2013. 

7 TITLE V—MILITARY PERSONNEL 

8 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 servicein-grade 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 

pre-separation 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. 


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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. 

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. 


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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. 


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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.

1 Subtitle A—Officer Personnel 

2 Policy Generally 

3 SEC. 501. LIMITATION ON NUMBER OF NAVY FLAG OFFI4 CERS ON ACTIVE DUTY. 

5 (a) ADDITIONAL FLAG OFFICER AUTHORIZED.—Sec6 tion 526(a)(2) of title 10, United States Code, is amended 

7 by striking ‘‘160’’ and inserting ‘‘162’’. 

8 (b) CORRESPONDING CHANGE IN COMPUTING NUM9 BER OF FLAG OFFICERS IN STAFF CORPS OF THE


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1 NAVY.—Section 5150(c) of such title is amended by strik2 ing the last sentence. 

3 (c) MODIFICATION OF EFFECTIVE DATE OF CERTAIN

4 REFORMS OF THE STRENGTH AND DISTRIBUTION LIMI5 TATIONS APPLICABLE TO MARINE CORPS GENERAL OFFI6 CERS.—Paragraph (3) of section 502(b) of the National 

7 Defense Authorization Act for Fiscal Year 2012 (Public 

8 Law 112–81; 125 Stat. 1387; 10 U.S.C. 525 note) is 

9 amended to read as follows: 

10 ‘‘(3) EFFECTIVE DATES.—

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), the amendments made by 

13 this subsection shall take effect on October 1, 

14 2013. 

15 ‘‘(B) MARINE CORPS OFFICERS.—The 

16 amendments made by paragraphs (1)(A)(iv) 

17 and (2)(D) shall take effect on October 1, 

18 2012.’’. 

19 SEC. 502. REINSTATEMENT OF AUTHORITY FOR ENHANCED 

20 SELECTIVE EARLY RETIREMENT BOARDS 

21 AND EARLY DISCHARGES. 

22 Section 638a of title 10 United States Code, is 

23 amended—

24 (1) in subsection (a)—

25 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; 


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1 (B) by striking ‘‘, during the period begin2 ning on October 1, 1990,’’ and all that follows 

3 through ‘‘December 31, 2012,’’; and 

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

5 paragraph: 

6 ‘‘(2) Any authority provided to the Secretary of a 

7 military department under paragraph (1) shall expire on 

8 the date specified by the Secretary of Defense, but such 

9 expiration date may not be later than December 31, 

10 2018.’’; 

11 (2) in subsection (b), by striking paragraph (3) 

12 and redesignating paragraph (4) as paragraph (3); 

13 (3) in subsection (c), by adding at the end the 

14 following new paragraph: 

15 ‘‘(4) In the case of an action under subsection (b)(2), 

16 the Secretary of Defense may also authorize the Secretary 

17 of the military department concerned to waive the five18 year period specified in section 638(c) of this title if the 

19 Secretary of Defense determines that it is necessary for 

20 the Secretary of that military department to have such 

21 authority in order to meet mission needs.’’; and 

22 (4) in subsection (d)—

23 (A) by striking ‘‘subsection (b)(4)’’ each 

24 place it appears and inserting ‘‘subsection 

25 (b)(3)’’; and 


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1 (B) in paragraph (2), by striking ‘‘except 

2 that during the period beginning on October 1, 

3 2006, and ending on December 31, 2012,’’ in 

4 subparagraphs (A) and (B) and inserting ‘‘ex5 cept that through December 31, 2018,’’. 

6 SEC. 503. MODIFICATION OF DEFINITION OF JOINT DUTY 

7 ASSIGNMENT TO INCLUDE ALL INSTRUCTOR 

8 ASSIGNMENTS FOR JOINT TRAINING AND 

9 EDUCATION. 

10 Section 668(b)(1)(B) of title 10, United States Code, 

11 is amended by striking ‘‘assignments for joint’’ and all 

12 that follows through ‘‘Phase II’’ and inserting ‘‘student 

13 assignments for joint training and education’’. 

14 SEC. 504. EXCEPTION TO REQUIRED RETIREMENT AFTER 30 

15 YEARS OF SERVICE FOR REGULAR NAVY 

16 WARRANT OFFICERS IN THE GRADE OF 

17 CHIEF WARRANT OFFICER, W–5. 

18 Section 1305(a) of title 10, United States Code, is 

19 amended—

20 (1) in paragraph (1)—

21 (A) by striking ‘‘A regular warrant officer 

22 (other than a regular Army warrant officer)’’ 

23 and inserting ‘‘Subject to paragraphs (2) and 

24 (3), a regular warrant officer’’; and 


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1 (B) by striking ‘‘he’’ and inserting ‘‘the of2 ficer’’; and 

3 (2) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) In the case of a regular Navy warrant officer 

6 in the grade of chief warrant officer, W–5, the officer shall 

7 be retired 60 days after the date on which the officer com8 pletes 33 years of total active service.’’. 

9 SEC. 505. EXTENSION OF TEMPORARY AUTHORITY TO RE10 DUCE MINIMUM LENGTH OF ACTIVE SERVICE 

11 AS A COMMISSIONED OFFICER REQUIRED 

12 FOR VOLUNTARY RETIREMENT AS AN OFFI13 CER. 

14 (a) ARMY.—Section 3911(b)(2) of title 10, United 

15 States Code, is amended by striking ‘‘September 30, 

16 2013’’ and inserting ‘‘September 30, 2018’’. 

17 (b) NAVY AND MARINE CORPS.—Section 

18 6323(a)(2)(B) of such title is amended by striking ‘‘Sep19 tember 30, 2013’’ and inserting ‘‘September 30, 2018’’. 

20 (c) AIR FORCE.—Section 8911(b)(2) of such title is 

21 amended by striking ‘‘September 30, 2013’’ and inserting 

22 ‘‘September 30, 2018’’. 


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1 SEC. 506. TEMPORARY INCREASE IN THE TIME-IN-GRADE 

2 RETIREMENT WAIVER LIMITATION FOR LIEU3 TENANT COLONELS AND COLONELS IN THE 

4 ARMY, AIR FORCE, AND MARINE CORPS AND 

5 COMMANDERS AND CAPTAINS IN THE NAVY. 

6 Section 1370(a)(2)(F) of title 10, United States 

7 Code, is amended—

8 (1) by striking ‘‘the period ending on December 

9 31, 2007’’ and inserting ‘‘fiscal years 2013 through 

10 2018’’; 

11 (2) by striking ‘‘Air Force’’ and inserting 

12 ‘‘Army, Air Force, and Marine Corps’’; and 

13 (3) by striking ‘‘in the period’’. 

14 SEC. 507. MODIFICATION TO LIMITATIONS ON NUMBER OF 

15 OFFICERS FOR WHOM SERVICE-IN-GRADE RE16 QUIREMENTS MAY BE REDUCED FOR RETIRE17 MENT IN GRADE UPON VOLUNTARY RETIRE18 MENT. 

19 Section 1370(a)(2) of title 10, United States Code, 

20 is amended—

21 (1) in subparagraph (E)—

22 (A) by inserting ‘‘(i)’’ after ‘‘exceed’’; and 

23 (B) by inserting before the period at the 

24 end the following: ‘‘or (ii) in the case of officers 

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1 paragraph (G), two officers, whichever number 

2 is greater’’; and 

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

5 ‘‘(G) Notwithstanding subparagraph (E), during fis6 cal years 2013 through 2017, the total number of briga7 dier generals and major generals of the Army, Air Force, 

8 and Marine Corps, and the total number of rear admirals 

9 (lower half) and rear admirals of the Navy, for whom a 

10 reduction is made under this section during any fiscal year 

11 of service-in-grade otherwise required under this para12 graph may not exceed 10 percent of the authorized active13 duty strength for that fiscal year for officers of that armed 

14 force in those grades.’’. 

15 SEC. 508. AIR FORCE CHIEF OF CHAPLAINS. 

16 (a) ESTABLISHMENT OF POSITIONS; APPOINT17 MENT.—Chapter 805 of title 10, United States Code, is 

18 amended by adding at the end the following new section: 

19 ‘‘§ 8039. Chief of Chaplains: appointment; duties 

20 ‘‘(a) CHIEF OF CHAPLAINS.—(1) There is a Chief of 

21 Chaplains in the Air Force, appointed by the President, 

22 by and with the advice and consent of the Senate, from 

23 officers of the Air Force designated under section 8067(h) 

24 of this title as chaplains who—


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1 ‘‘(A) are serving in the grade of colonel or 

2 above; 

3 ‘‘(B) are serving on active duty; and 

4 ‘‘(C) have served on active duty as a chaplain 

5 for at least eight years. 

6 ‘‘(2) An officer appointed as the Chief of Chaplains 

7 shall be appointed for a term of three years. However, the 

8 President may terminate or extend the appointment at 

9 any time. 

10 ‘‘(3) The Chief of Chaplains shall perform such du11 ties as may be prescribed by the Secretary of the Air Force 

12 and by law. 

13 ‘‘(b) SELECTION BOARD.—Under regulations ap14 proved by the Secretary of Defense, the Secretary of the 

15 Air Force, in selecting an officer for recommendation to 

16 the President for appointment as the Chief of Chaplains, 

17 shall ensure that the officer selected is recommended by 

18 a board of officers that, insofar as practicable, is subject 

19 to the procedures applicable to the selection boards con20 vened under chapter 36 of this title. 

21 ‘‘(c) GRADE.—An officer appointed as Chief of Chap22 lains who holds a lower regular grade may be appointed 

23 in the regular grade of major general.’’. 


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

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item:

‘‘8039. Chief of Chaplains: appointment; duties.’’.

4 Subtitle B—Reserve Component 

5 Management 

6 SEC. 511. CODIFICATION OF STAFF ASSISTANT POSITIONS 

7 FOR JOINT STAFF RELATED TO NATIONAL 

8 GUARD AND RESERVE MATTERS. 

9 (a) CODIFICATION OF EXISTING POSITIONS.—Chap10 ter 5 of title 10, United States Code, is amended by insert11 ing after section 155 the following new section: 

12 ‘‘§ 155a. Assistants to the Chairman of the Joint 

13 Chiefs of Staff for National Guard mat14 ters and Reserve matters 

15 ‘‘(a) ESTABLISHMENT OF POSITIONS.—The Sec16 retary of Defense shall establish the following positions 

17 within the Joint Staff: 

18 ‘‘(1) Assistant to the Chairman of the Joint 

19 Chiefs of Staff for National Guard Matters. 

20 ‘‘(2) Assistant to the Chairman of the Joint 

21 Chiefs of Staff for Reserve Matters. 

22 ‘‘(b) SELECTION.—(1) The Assistant to the Chair23 man of the Joint Chiefs of Staff for National Guard Mat24 ters shall be selected by the Chairman from officers of the 


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1 Army National Guard of the United States or the Air 

2 Guard of the United States who—

3 ‘‘(A) are recommended for such selection by 

4 their respective Governors or, in the case of the Dis5 trict of Columbia, the commanding general of the 

6 District of Columbia National Guard; 

7 ‘‘(B) have had at least 10 years of federally rec8 ognized commissioned service in the National Guard 

9 and significant joint duty experience, as determined 

10 by the Chairman; and 

11 ‘‘(C) are in a grade above the grade of colonel. 

12 ‘‘(2) The Assistant to the Chairman of the Joint 

13 Chiefs of Staff for Reserve Matters shall be selected by 

14 the Chairman from officers of the Army Reserve, the Navy 

15 Reserve, the Marine Corps Reserve, or the Air Force Re16 serve who—

17 ‘‘(A) are recommended for such selection by the 

18 Secretary of the military department concerned; 

19 ‘‘(B) have had at least 10 years of commis20 sioned service in their reserve component and signifi21 cant joint duty experience, as determined by the 

22 Chairman; and 

23 ‘‘(C) are in a grade above the grade of colonel 

24 or, in the case of the Navy Reserve, captain. 


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1 ‘‘(c) TERM OF OFFICE.—Each Assistant to the 

2 Chairman of the Joint Chiefs of Staff under subsection 

3 (a) serves at the pleasure of the Chairman for a term of 

4 two years and may be continued in that assignment in 

5 the same manner for one additional term. However, in 

6 time of war there is no limit on the number of terms. 

7 ‘‘(d) GRADE.—Each Assistant to the Chairman of the 

8 Joint Chiefs of Staff under subsection (a), while so serv9 ing, holds the grade of major general or, in the case of 

10 the Navy Reserve, rear admiral. Each such officer shall 

11 be considered to be serving in a position covered by the 

12 limited exclusion from the authorized strength of general 

13 officers and flag officers on active duty provided by section 

14 526(b) of this title. 

15 ‘‘(e) DUTIES.—(1) The Assistant to the Chairman of 

16 the Joint Chiefs of Staff for National Guard Matters is 

17 an adviser to the Chairman on matters relating to the Na18 tional Guard and performs the duties prescribed for that 

19 position by the Chairman. 

20 ‘‘(2) The Assistant to the Chairman of the Joint 

21 Chiefs of Staff for Reserve Matters is an adviser to the 

22 Chairman on matters relating to the reserves and per23 forms the duties prescribed for that position by the Chair24 man. 


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1 ‘‘(f) OTHER RESERVE COMPONENT REPRESENTA2 TION ON JOINT STAFF.—The Secretary of Defense, in 

3 consultation with the Chairman of the Joint Chiefs of 

4 Staff, shall develop appropriate policy guidance to ensure 

5 that, to the maximum extent practicable, the level of rep6 resentation of reserve component officers on the Joint 

7 Staff is commensurate with the significant role of the re8 serve components within the armed forces.’’. 

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

10 at the beginning of such chapter is amended by inserting 

11 after the item related to section 155 the following new 

12 item:

‘‘155a. Assistants to the Chairman of the Joint Chiefs of Staff for National 

Guard matters and Reserve matters.’’.

13 (c) REPEAL OF SUPERSEDED LAW.—Section 901 of 

14 the National Defense Authorization Act for Fiscal Year 

15 1998 (Public Law 105–85; 10 U.S.C. 155 note) is re16 pealed. 

17 SEC. 512. AUTOMATIC FEDERAL RECOGNITION OF PRO18 MOTION OF CERTAIN NATIONAL GUARD WAR19 RANT OFFICERS. 

20 Section 310(a) of title 32, United States Code, is 

21 amended—

22 (1) by inserting ‘‘(1)’’ before ‘‘Notwith23 standing’’; and 


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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) Notwithstanding sections 307 and 309 of this 

4 title, if a warrant officer, W–1, of the National Guard is 

5 promoted to the grade of chief warrant officer, W–2, to 

6 fill a vacancy in a federally recognized unit in the National 

7 Guard, Federal recognition is automatically extended to 

8 that officer in the grade of chief warrant officer, W–2, 

9 effective as of the date on which that officer has completed 

10 the service in the grade prescribed by the Secretary con11 cerned under section 12242 of title 10, if the warrant offi12 cer has remained in an active status since the warrant 

13 officer was so recommended.’’. 

14 SEC. 513. AVAILABILITY OF TRANSITION ASSISTANCE ADVI15 SORS TO ASSIST MEMBERS OF RESERVE COM16 PONENTS WHO SERVE ON ACTIVE DUTY FOR 

17 MORE THAN 180 CONSECUTIVE DAYS. 

18 (a) TRANSITION ASSISTANCE ADVISOR PROGRAM AU19 THORIZED.—The Chief of the National Guard Bureau 

20 may establish a program to provide professionals (to be 

21 known as Transition Assistance Advisors) in each State 

22 to serve as points of contact to assist eligible members 

23 of the reserve components in accessing benefits and health 

24 care furnished under laws administered by the Secretary 


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1 of Defense and benefits and health care furnished under 

2 laws administered by the Secretary of Veterans Affairs. 

3 (b) ELIGIBLE MEMBERS.—To be eligible for assist4 ance under this section, a member of a reserve component 

5 must have served on active duty in the Armed Forces for 

6 a period of more than 180 consecutive days. 

7 (c) DUTIES.—The duties of a Transition Assistance 

8 Advisor include the following: 

9 (1) To assist with the creation and execution of 

10 an individual transition plan for an eligible member 

11 of a reserve component and dependents of the mem12 ber for the reintegration of the member into civilian 

13 life. 

14 (2) To provide employment support services to 

15 the member and dependents of the member, includ16 ing assistance with finding employment opportuni17 ties and identifying and obtaining assistance from 

18 programs within and outside of the Federal Govern19 ment. 

20 (3) To provide information on relocation, health 

21 care, mental health care, and financial support serv22 ices available to the member and dependents of the 

23 member from the Department of Defense, the De24 partment of Veterans Affairs, and other Federal, 

25 State, and local agencies. 


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1 (4) To provide information on educational sup2 port services available to the member, including 

3 Post-9/11 Educational Assistance under chapter 33 

4 of title 38, United States Code. 

5 (d) TRANSITION PLANS.—The individual transition 

6 plan referred to in subsection (c)(1) created for an eligible 

7 member of a reserve component shall include at a min8 imum the following: 

9 (1) A plan for the transition of the member to 

10 civilian life, including with respect to employment, 

11 education, and health care. 

12 (2) A description of the transition services that 

13 the member and dependents of the member will need 

14 to achieve their transition objectives, including infor15 mation on any forms that the member will need to 

16 fill out to be eligible for such services. 

17 (3) A point of contact for each agency or entity 

18 that can provide the transition services described in 

19 paragraph (2). 

20 (4) Such other information determined to be es21 sential for the transition of the member, as deter22 mined by the Chief of the National Guard Bureau 

23 in consultation with the Secretary of Defense and 

24 the Secretary of Veterans Affairs. 


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1 (e) FUNDING.—Funding for Transition Assistance 

2 Advisors for a fiscal year shall be derived from amounts 

3 authorized to be appropriated for operation and mainte4 nance for the National Guard for that fiscal year. 

5 (f) STATE DEFINED.—In this section, the term 

6 ‘‘State’’ means each of the several States of the United 

7 States, the District of Columbia, and any territory of the 

8 United States. 

9 Subtitle C—General Service 

10 Authorities 

11 SEC. 518. AUTHORITY FOR ADDITIONAL BEHAVIORAL 

12 HEALTH PROFESSIONALS TO CONDUCT PRE13 SEPARATION MEDICAL EXAMS FOR POST14 TRAUMATIC STRESS DISORDER. 

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

16 amended—

17 (1) in paragraph (1), by striking ‘‘or psychia18 trist’’ and inserting ‘‘psychiatrist, licensed clinical 

19 social worker, or psychiatric advanced practice reg20 istered nurse’’; and 

21 (2) in paragraph (3), by striking ‘‘or psychia22 trist’’ and inserting ‘‘, psychiatrist, licensed clinical 

23 social worker, or psychiatric advanced practice reg24 istered nurse’’. 


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1 SEC. 519. DIVERSITY IN THE ARMED FORCES AND RELATED 

2 REPORTING REQUIREMENTS. 

3 (a) PLAN TO ACHIEVE MILITARY LEADERSHIP RE4 FLECTING DIVERSITY OF UNITED STATES POPU5 LATION.—

6 (1) IN GENERAL.—Chapter 37 of title 10, 

7 United States Code, is amended by adding at the 

8 end the following new section: 

9 ‘‘§ 656. Diversity in military leadership: plan 

10 ‘‘(a) PLAN.—The Secretary of Defense (and the Sec11 retary of Homeland Security in the case of the Coast 

12 Guard when it is not operating as a service in the Depart13 ment of the Navy) shall develop and implement a plan to 

14 accurately measure the efforts of the Department of De15 fense and the Coast Guard to achieve a dynamic, sustain16 able level of members of the armed forces (including re17 serve components) that, among both commissioned officers 

18 and senior enlisted personnel of each armed force, will re19 flect the diverse population of the United States eligible 

20 to serve in the armed forces, including gender specific, ra21 cial, and ethnic populations. Any metric established pursu22 ant to this subsection may not be used in a manner that 

23 undermines the merit-based processes of the Department 

24 of Defense and the Coast Guard, including such processes 

25 for accession, retention, and promotion. Such metrics may 

26 not be combined with the identification of specific quotas 


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1 based upon diversity characteristics. The Secretary con2 cerned shall continue to account for diversified language 

3 and cultural skills among the total force of the armed 

4 forces. 

5 ‘‘(b) METRICS TO MEASURE PROGRESS IN DEVEL6 OPING AND IMPLEMENTING PLAN.—In developing and im7 plementing the plan under subsection (a), the Secretary 

8 of Defense and the Secretary of Homeland Security shall 

9 develop a standard set of metrics and collection procedures 

10 that are uniform across the armed forces. The metrics re11 quired by this subsection shall be designed—

12 ‘‘(1) to accurately capture the inclusion and ca13 pability aspects of the armed forces’ broader diver14 sity plans, including race, ethnic, and gender specific 

15 groups, as potential factors of force readiness that 

16 would supplement continued accounting by the De17 partment of Defense and the Coast Guard of diversi18 fied language and cultural skills among the total 

19 force as part of the assessment of current and fu20 ture national security needs; and 

21 ‘‘(2) to be verifiable and systematically linked 

22 to strategic plans that will drive improvements. 

23 ‘‘(c) DEFINITION OF DIVERSITY.—In developing and 

24 implementing the plan under subsection (a), the Secretary 


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1 of Defense and the Secretary of Homeland Security shall 

2 develop a uniform definition of diversity. 

3 ‘‘(d) CONSULTATION.—Not less than annually, the 

4 Secretary of Defense and the Secretary of Homeland Se5 curity shall meet with the Secretaries of the military de6 partments, the Joint Chiefs of Staff, the Commandant of 

7 the Coast Guard, and senior enlisted members of the 

8 armed forces to discuss the progress being made toward 

9 developing and implementing the plan established under 

10 subsection (a). 

11 ‘‘(e) COOPERATION WITH STATES.—The Secretary of 

12 Defense shall coordinate with the National Guard Bureau 

13 and States in tracking the progress of the National Guard 

14 toward developing and implementing the plan established 

15 under subsection (a).’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of such chapter is amended 

18 by adding at the end the following new item:

‘‘656. Diversity in military leadership: plan.’’.

19 (b) INCLUSION IN DOD MANPOWER REQUIREMENTS

20 REPORT.—Section 115a of such title is amended by in21 serting after subsection (f) the following new subsection: 

22 ‘‘(g) In each report submitted under subsection (a) 

23 during fiscal years 2013 through 2017, the Secretary shall 

24 also include a detailed discussion of the following: 


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1 ‘‘(1) The progress made in implementing the 

2 plan required by section 656 of this title to accu3 rately measure the efforts of the Department to re4 flect the diverse population of the United States eli5 gible to serve in the armed forces. 

6 ‘‘(2) The number of members of the armed 

7 forces, including reserve components, listed by gen8 der and race or ethnicity for each rank under each 

9 military department. 

10 ‘‘(3) The number of members of the armed 

11 forces, including reserve components, who were pro12 moted during the year covered by the report, listed 

13 by gender and race or ethnicity for each rank under 

14 each military department. 

15 ‘‘(4) The number of members of the armed 

16 forces, including reserve components, who reenlisted 

17 or otherwise extended the commitment to military 

18 service during the year covered by the report, listed 

19 by gender and race or ethnicity for each rank under 

20 each military department. 

21 ‘‘(5) The available pool of qualified candidates 

22 for the general officer grades of general and lieuten23 ant general and the flag officer grades of admiral 

24 and vice admiral.’’. 

25 (c) COAST GUARD REPORT.—


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1 (1) ANNUAL REPORT REQUIRED.—The Sec2 retary of Homeland Security (or the Secretary of the 

3 Navy in the event the Coast Guard is operating as 

4 a service in the Department of the Navy) shall pre5 pare an annual report addressing diversity among 

6 commissioned officers of the Coast Guard and Coast 

7 Guard Reserve and among enlisted personnel of the 

8 Coast Guard and Coast Guard Reserve. The report 

9 shall include—

10 (A) an assessment of the available pool of 

11 qualified candidates for the flag officer grades 

12 of admiral and vice admiral; 

13 (B) the number of such officers and per14 sonnel, listed by gender and race or ethnicity 

15 for each rank; 

16 (C) the number of such officers and per17 sonnel who were promoted during the year cov18 ered by the report, listed by gender and race or 

19 ethnicity for each rank; and 

20 (D) the number of such officers and per21 sonnel who reenlisted or otherwise extended the 

22 commitment to the Coast Guard during the 

23 year covered by the report, listed by gender and 

24 race or ethnicity for each rank. 


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1 (2) SUBMISSION.—The report under paragraph 

2 (1) shall be submitted during each of fiscal years 

3 2013 through 2017 not later than 45 days after the 

4 date on which the President submits to Congress the 

5 budget for the next fiscal year under section 1105 

6 of title 31, United States Code. Each report shall be 

7 submitted to the Committee on Armed Services, the 

8 Committee on Transportation and Infrastructure, 

9 and the Committee on Homeland Security of the 

10 House of Representatives, and the Committee on 

11 Armed Services and the Committee on Commerce, 

12 Science, and Transportation of the Senate. 

13 SEC. 520. LIMITATION ON REDUCTION IN NUMBER OF MILI14 TARY AND CIVILIAN PERSONNEL ASSIGNED 

15 TO DUTY WITH SERVICE REVIEW AGENCIES. 

16 Section 1559(a) of title 10, United States Code, is 

17 amended by striking ‘‘December 31, 2013’’ and inserting 

18 ‘‘December 31, 2016’’. 

19 SEC. 521. EXTENSION OF TEMPORARY INCREASE IN ACCU20 MULATED LEAVE CARRYOVER FOR MEMBERS 

21 OF THE ARMED FORCES. 

22 Section 701(d) of title 10, United States Code, is 

23 amended by striking ‘‘September 30, 2013’’ and inserting 

24 ‘‘September 30, 2015’’. 


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1 SEC. 522. MODIFICATION OF AUTHORITY TO CONDUCT PRO2 GRAMS ON CAREER FLEXIBILITY TO EN3 HANCE RETENTION OF MEMBERS OF THE 

4 ARMED FORCES. 

5 (a) EXTENSION OF PROGRAMS TO CERTAIN ACTIVE

6 GUARD AND RESERVE PERSONNEL.—Section 533 of Dun7 can Hunter National Defense Authorization Act for Fiscal 

8 Year 2009 (10 U.S.C. prec. 701 note) is amended—

9 (1) in subsection (a)(1), by inserting ‘‘and 

10 members on active Guard and Reserve duty’’ after 

11 ‘‘officers and enlisted members of the regular com12 ponents’’; 

13 (2) by redesignating subsection (l) as subsection 

14 (m); and 

15 (3) by inserting after subsection (k) the fol16 lowing new subsection (l): 

17 ‘‘(l) DEFINITION.—In this section, the term ‘active 

18 Guard and Reserve duty’ has the meaning given that term 

19 in section 101(d)(6) of title 10, United States Code.’’. 

20 (b) AUTHORITY TO CARRY FORWARD UNUSED AC21 CRUED LEAVE.—Subsection (h) of such section is amend22 ed by adding at the end the following new paragraph: 

23 ‘‘(5) LEAVE.—A member who participates in a 

24 pilot program is entitled to carry forward the leave 

25 balance existing as of the day on which the member 

26 begins participation and accumulated in accordance 


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1 with section 701 of title 10, United States Code, but 

2 not to exceed 60 days.’’. 

3 (c) AUTHORITY FOR DISABILITY PROCESSING.—Sub4 section (j) of such section is amended—

5 (1) in the subsection heading, by striking 

6 ‘‘MEDICAL AND DENTAL CARE’’ and inserting 

7 ‘‘CONTINUED ENTITLEMENTS’’; 

8 (2) by striking ‘‘for purposes of the entitle9 ment’’ and inserting ‘‘for purposes of—

10 ‘‘(1) the entitlement’’; 

11 (3) by striking the period at the end and insert12 ing ‘‘; and’’; and 

13 (4) by adding at the end the following new 

14 paragraph: 

15 ‘‘(2) retirement or separation for physical dis16 ability under the provisions of chapters 55 and 61 

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

18 SEC. 523. PROHIBITION ON WAIVER FOR COMMISSIONING 

19 OR ENLISTMENT IN THE ARMED FORCES FOR 

20 ANY INDIVIDUAL CONVICTED OF A FELONY 

21 SEXUAL OFFENSE. 

22 An individual may not be provided a waiver for com23 missioning or enlistment in the Armed Forces if the indi24 vidual has been convicted under Federal or State law of 

25 a felony offense of any of the following: 


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1 (1) Rape. 

2 (2) Sexual abuse. 

3 (3) Sexual assault. 

4 (4) Incest. 

5 (5) Any other sexual offense. 

6 SEC. 524. QUALITY REVIEW OF MEDICAL EVALUATION 

7 BOARDS, PHYSICAL EVALUATION BOARDS, 

8 AND PHYSICAL EVALUATION BOARD LIAISON 

9 OFFICERS. 

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

11 standardize, assess, and monitor the quality assurance 

12 programs of the military departments to evaluate the fol13 lowing in the performance of their duties (including duties 

14 under chapter 61 of title 10, United States Code): 

15 (1) Medical Evaluation Boards. 

16 (2) Physical Evaluation Boards. 

17 (3) Physical Evaluation Board Liaison Officers. 

18 (b) OBJECTIVES.—The objectives of the quality as19 surance program shall be as follows: 

20 (1) To ensure accuracy and consistency in the 

21 determinations and decisions of Medical Evaluation 

22 Boards and Physical Evaluation Boards. 

23 (2) To otherwise monitor and sustain proper 

24 performance of the duties of Medical Evaluation 


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1 Boards and Physical Evaluation Boards, and of 

2 Physical Evaluation Board Liaison Officers. 

3 (3) Such other objectives as the Secretary shall 

4 specify for purposes of the quality assurance pro5 gram. 

6 (c) REPORTS.—

7 (1) REPORT ON IMPLEMENTATION.—Not later 

8 than 180 days after the date of the enactment of 

9 this Act, the Secretary shall submit to the appro10 priate committees of Congress a report setting forth 

11 the plan of the Secretary for the implementation of 

12 the requirements of this section. 

13 (2) ANNUAL REPORTS.—Not later than one 

14 year after the date of the submittal of the report re15 quired by paragraph (1), and annually thereafter for 

16 the next four years, the Secretary shall submit to 

17 the appropriate committees of Congress a report set18 ting forth an assessment of the implementation of 

19 the requirements of this section during the one-year 

20 period ending on the date of the report under this 

21 paragraph. Each report shall include, in particular, 

22 an assessment of the extent to which the quality as23 surance program under the requirements of this sec24 tion meets the objectives specified in subsection (b). 


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1 (3) APPROPRIATE COMMITTEES OF CONGRESS

2 DEFINED.—In this subsection, the term ‘‘appro3 priate committees of Congress’’ means—

4 (A) the Committee on Armed Services and 

5 the Committee on Veterans’ Affairs of the Sen6 ate; and 

7 (B) the Committee on Armed Services and 

8 the Committee on Veterans’ Affairs of the 

9 House of Representatives. 

10 SEC. 525. REPORTS ON INVOLUNTARY SEPARATION OF 

11 MEMBERS OF THE ARMED FORCES. 

12 (a) PERIODIC REPORTS REQUIRED.—Not later than 

13 30 days after the end of each half-year period during cal14 endar years 2013 and 2014, the Secretary of each military 

15 department shall submit to the Committees on Armed 

16 Services of the Senate and the House of Representatives 

17 a report on the number of members of the regular compo18 nents of the Armed Forces under the jurisdiction of such 

19 Secretary who were involuntarily separated from active 

20 duty in the Armed Forces (for reasons other than for 

21 cause) to meet force reduction requirements during the 

22 six-month period covered by the report. 

23 (b) ELEMENTS.—Each report on an Armed Force 

24 under subsection (a) shall set forth the following for the 

25 period covered by the report: 


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1 (1) The total number members of that Armed 

2 Force involuntarily separated from active duty in the 

3 Armed Forces (for reasons other than for cause) to 

4 meet force reduction requirements. 

5 (2) The number of members covered by para6 graph (1) separately set forth by grade, by total 

7 years of service in the Armed Forces at the time of 

8 separation, and by military occupational specialty or 

9 rating (or competitive category in the case of offi10 cers). 

11 (3) The number of members covered by para12 graph (1) who received involuntary separation pay, 

13 or who are authorized to receive temporary retired 

14 pay, in connection with the separation. 

15 (4) The number of members covered by para16 graph (1) who completed transition assistance pro17 grams relating to future employment. 

18 (5) The average number of months members 

19 covered by paragraph (1) were deployed to overseas 

20 contingency operations, separately set forth by 

21 grade. 


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1 SEC. 526. REPORT ON FEASIBILITY OF DEVELOPING GEN2 DER-NEUTRAL OCCUPATIONAL STANDARDS 

3 FOR MILITARY OCCUPATIONAL SPECIALTIES 

4 CURRENTLY CLOSED TO WOMEN. 

5 Not later than 60 days after the date of the enact6 ment of this Act, the Secretary of Defense shall submit 

7 to the congressional defense committees a report evalu8 ating the feasibility of incorporating gender-neutral occu9 pational standards for military occupational specialties 

10 closed, as of the date of the enactment of this Act, to fe11 male members of the Armed Forces. 

12 SEC. 527. REPORT ON EDUCATION AND TRAINING AND PRO13 MOTION RATES FOR PILOTS OF REMOTELY 

14 PILOTED AIRCRAFT. 

15 (a) REPORT REQUIRED.—Not later than 180 days 

16 after the date of the enactment of this Act, the Secretary 

17 of the Air Force and the Chief of Staff of the Air Force 

18 shall jointly submit to the congressional defense commit19 tees a report on education and training and promotion 

20 rates for Air Force pilots of remotely piloted aircraft 

21 (RPA). 

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

23 (a) shall include the following: 

24 (1) A detailed analysis of the reasons for per25 sistently lower average education and training and 


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1 promotion rates for Air Force pilots of remotely pi2 loted aircraft. 

3 (2) An assessment of the long-term impact on 

4 the Air Force of the sustainment of such lower 

5 rates. 

6 (3) A plan to raise such rates, including—

7 (A) a description of the near-term and 

8 longer-term actions the Air Force intends to 

9 undertake to implement the plan; and 

10 (B) an analysis of the potential direct and 

11 indirect impacts of the plan on the achievement 

12 and sustainment of the combat air patrol objec13 tives of the Air Force for remotely piloted air14 craft. 

15 SEC. 528. IMPACT OF NUMBERS OF MEMBERS WITHIN THE 

16 INTEGRATED DISABILITY EVALUATION SYS17 TEM ON READINESS OF ARMED FORCES TO 

18 MEET MISSION REQUIREMENTS. 

19 (a) ANNUAL IMPACT STATEMENT.—In the materials 

20 submitted to Congress in support of the budget for the 

21 Department of Defense for each of fiscal years 2014 

22 through 2018, the Secretary of each military department 

23 shall include a statement concerning the extent to which 

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1 risdiction of the Secretary who are within the Integrated 

2 Disability Evaluation System impacts—

3 (1) the readiness of that Armed Force to meet 

4 on-going mission requirements; and 

5 (2) dwell time for other members of that Armed 

6 Force. 

7 (b) RESPONSE PLAN.—If the statement of the Sec8 retary of a military department under subsection (a) for 

9 a fiscal year concludes that an adverse impact on readi10 ness or dwell time of an Armed Force is occurring, the 

11 Secretary shall include with the budget materials a plan 

12 describing how the Armed Force will mitigate the impact. 

13 Subtitle D—Military Justice and 

14 Legal Matters 

15 SEC. 531. CLARIFICATION AND ENHANCEMENT OF THE 

16 ROLE OF STAFF JUDGE ADVOCATE TO THE 

17 COMMANDANT OF THE MARINE CORPS. 

18 (a) APPOINTMENT BY THE PRESIDENT AND PERMA19 NENT APPOINTMENT TO GRADE OF MAJOR GENERAL.—

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

21 Code, is amended—

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

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

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


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1 (2) by striking the second sentence and insert2 ing the following new sentence: ‘‘If the officer to be 

3 appointed as the Staff Judge Advocate to the Com4 mandant of the Marine Corps holds a grade lower 

5 than the grade of major general immediately before 

6 the appointment, the officer shall be appointed in 

7 the grade of major general.’’. 

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

9 Such section is further amended—

10 (1) by redesignating subsection (c) as sub11 section (d); and 

12 (2) by inserting after subsection (b) the fol13 lowing new subsection (c): 

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

15 of the Marine Corps, under the direction of the Com16 mandant of the Marine Corps and the Secretary of the 

17 Navy, shall—

18 ‘‘(1) perform such duties relating to legal mat19 ters arising in the Marine Corps as may be assigned 

20 to the Staff Judge Advocate; 

21 ‘‘(2) perform the functions and duties, and ex22 ercise the powers, prescribed for the Staff Judge Ad23 vocate to the Commandant of the Marine Corps in 

24 chapter 47 (the Uniform Code of Military Justice) 

25 and chapter 53 of this title; and 


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1 ‘‘(3) perform such other duties as may be as2 signed to the Staff Judge Advocate.’’. 

3 (c) COMPOSITION OF HEADQUARTERS, MARINE

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

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

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

7 (2) by inserting after paragraph (3) the fol8 lowing new paragraph (4): 

9 ‘‘(4) The Staff Judge Advocate to the Com10 mandant of the Marine Corps.’’. 

11 (d) SUPERVISION OF CERTAIN LEGAL SERVICES.—

12 (1) ADMINISTRATION OF MILITARY JUSTICE.—

13 Section 806(a) of such title (article 6(a) of the Uni14 form Code of Military Justice) is amended in the 

15 third sentence by striking ‘‘The Judge Advocate 

16 General’’ and all that follows through ‘‘shall’’ and 

17 inserting ‘‘The Judge Advocates General, and within 

18 the Marine Corps the Staff Judge Advocate to the 

19 Commandant of the Marine Corps, or senior mem20 bers of their staffs, shall’’. 

21 (2) DELIVERY OF LEGAL ASSISTANCE.—Section 

22 1044(b) of such title is amended by inserting ‘‘, and 

23 within the Marine Corps the Staff Judge Advocate 

24 to the Commandant of the Marine Corps,’’ after ‘‘ju25 risdiction of the Secretary’’. 


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1 SEC. 532. ADDITIONAL INFORMATION IN REPORTS ON AN2 NUAL SURVEYS OF THE COMMITTEE ON THE 

3 UNIFORM CODE OF MILITARY JUSTICE. 

4 Subsection (c)(2) of section 946 of title 10, United 

5 States Code (article 146 of the Uniform Code of Military 

6 Justice), is amended—

7 (1) by redesignating subparagraph (B) as sub8 paragraph (C); and 

9 (2) by inserting after subparagraph (A) the fol10 lowing new subparagraph (B): 

11 ‘‘(B) Information from the Judge Advocates 

12 General and the Staff Judge Advocate to the Com13 mandant of the Marine Corps on the following: 

14 ‘‘(i) The appellate review process, includ15 ing—

16 ‘‘(I) information on compliance with 

17 processing time goals; 

18 ‘‘(II) discussions of the circumstances 

19 surrounding cases in which general court20 martial or special court-martial convictions 

21 are reversed as a result of command influ22 ence or denial of the right to a speedy re23 view or otherwise remitted due to loss of 

24 records of trial or other administrative de25 ficiencies; and 


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1 ‘‘(III) discussions of cases in which a 

2 provision of this chapter is held unconsti3 tutional. 

4 ‘‘(ii) Measures implemented by each armed 

5 force to ensure the ability of judge advocates to 

6 competently participate as trial and defense 

7 counsel in, and preside as military judges over, 

8 capital cases, national security cases, sexual as9 sault cases, and proceedings of military com10 missions. 

11 ‘‘(iii) The independent views of the Judge 

12 Advocates General and the Staff Judge Advo13 cate to the Commandant of the Marine Corps 

14 on the sufficiency of resources available within 

15 their respective armed forces, including total 

16 workforce, funding, training, and officer and 

17 enlisted grade structure, to capably perform 

18 military justice functions.’’. 

19 SEC. 533. PROTECTION OF RIGHTS OF CONSCIENCE OF 

20 MEMBERS OF THE ARMED FORCES AND 

21 CHAPLAINS OF SUCH MEMBERS. 

22 (a) PROTECTION OF RIGHTS OF CONSCIENCE.—

23 (1) ACCOMMODATION.—The Armed Forces 

24 shall accommodate the beliefs of a member of the 

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1 ciples, or religious beliefs of the member and, in so 

2 far as practicable, may not use such beliefs as the 

3 basis of any adverse personnel action, discrimina4 tion, or denial of promotion, schooling, training, or 

5 assignment. 

6 (2) DISCIPLINARY OR ADMINISTRATIVE AC7 TION.—Nothing in paragraph (1) precludes discipli8 nary or administrative action for conduct that is 

9 proscribed by chapter 47 of title 10, United States 

10 Code (the Uniform Code of Military Justice), includ11 ing actions and speech that threaten good order and 

12 discipline. 

13 (b) PROTECTION OF CHAPLAIN DECISIONS RELAT14 ING TO CONSCIENCE, MORAL PRINCIPLES, OR RELIGIOUS

15 BELIEFS.—No member of the Armed Forces may—

16 (1) require a chaplain to perform any rite, rit17 ual, or ceremony that is contrary to the conscience, 

18 moral principles, or religious beliefs of the chaplain; 

19 or 

20 (2) discriminate or take any adverse personnel 

21 action against a chaplain, including denial of pro22 motion, schooling, training, or assignment, on the 

23 basis of the refusal by the chaplain to comply with 

24 a requirement prohibited by paragraph (1). 


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1 (c) REGULATIONS.—The Secretary of Defense shall 

2 issue regulations implementing the protections afforded by 

3 this section. 

4 SEC. 534. REPORTS ON HAZING IN THE ARMED FORCES. 

5 (a) REPORTS REQUIRED.—Not later than 180 days 

6 after the date of the enactment of this Act, each Secretary 

7 of a military department (and the Secretary of Homeland 

8 Security in the case of the Coast Guard) shall submit to 

9 the congressional committees specified in subsection (c) a 

10 report on hazing in each Armed Force under the jurisdic11 tion of the Secretary. 

12 (b) ELEMENTS.—The report on an Armed Force re13 quired by subsection (a) shall include the following: 

14 (1) An evaluation of the definition of hazing 

15 contained in the Secretary of Defense Policy Memo16 randum dated August 28, 1997. 

17 (2) A discussion of the policies of the Armed 

18 Force for preventing and responding to incidents of 

19 hazing. 

20 (3) A description of the methods implemented 

21 to track and report, including report anonymously, 

22 incidents of hazing in the Armed Force. 

23 (4) An assessment by the Secretary submitting 

24 the report of the following: 


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1 (A) The scope of the problem of hazing in 

2 the Armed Force. 

3 (B) The training on recognizing and pre4 venting hazing provided members of the Armed 

5 Force. 

6 (C) The actions taken to prevent and re7 spond to hazing incidents in the Armed Force. 

8 (D) The extent to which the Uniform Code 

9 of Military Justice specifically addresses the 

10 prosecution of persons subject to the Code who 

11 are alleged to have committed hazing. 

12 (E) The feasibility of establishing a data13 base to track, respond to, and resolve incidents 

14 of hazing. 

15 (5) A description of the additional actions, if 

16 any, the Secretary submitting the report proposes to 

17 take to further address the incidence of hazing in 

18 the Armed Force. 

19 (6) Any recommended changes to the Uniform 

20 Code of Military Justice or the Manual for Courts21 Martial to improve the prosecution of persons al22 leged to have committed hazing in the Armed 

23 Forces. 

24 (c) SUBMISSION OF REPORTS.—The reports required 

25 by subsection (a) shall be submitted—


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1 (1) to the Committee on Armed Services and 

2 the Committee on Commerce, Science, and Trans3 portation of the Senate; and 

4 (2) to the Committee on Armed Services and 

5 the Committee on Transportation and Infrastructure 

6 of the House of Representatives. 

7 Subtitle E—Member Education and 

8 Training Opportunities and Ad9 ministration 

10 SEC. 541. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM 

11 FROM DEPARTMENT OF EDUCATION TO DE12 PARTMENT OF DEFENSE AND ENHANCE13 MENTS TO THE PROGRAM. 

14 (a) TRANSFER OF FUNCTIONS.—

15 (1) TRANSFER.—The responsibility and author16 ity for operation and administration of the Troops17 to-Teachers Program in chapter A of subpart 1 of 

18 part C of title II of the Elementary and Secondary 

19 Education Act of 1965 (20 U.S.C. 6671 et seq.) is 

20 transferred from the Secretary of Education to the 

21 Secretary of Defense. 

22 (2) MEMORANDUM OF AGREEMENT.—In con23 nection with the transfer of responsibility and au24 thority for operation and administration of the 

25 Troops-to-Teachers Program from the Secretary of 


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1 Education to the Secretary of Defense under para2 graph (1), the Secretaries shall enter into a memo3 randum of agreement pursuant to which the Sec4 retary of Education will undertake the following: 

5 (A) Disseminate information about the 

6 Troops-to-Teachers Program to eligible schools 

7 (as defined in subsection (a) of section 1154 of 

8 title 10, United States Code, as added by sub9 section (b)). 

10 (B) Advise the Department of Defense on 

11 how to prepare eligible members of the Armed 

12 Forces described in subsection (d) of such sec13 tion 1154 to become participants in the Pro14 gram, to meet the requirements necessary to 

15 become a teacher in a school described in sub16 section (b)(2) of such section 1154, and to find 

17 post-service employment in an eligible school. 

18 (C) Advise the Department of Defense on 

19 how to identify teacher preparation programs 

20 for participants in the Program. 

21 (D) Inform the Department of Defense of 

22 academic subject areas with critical teacher 

23 shortages. 

24 (E) Identify geographic areas with critical 

25 teacher shortages, especially in high-need 


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1 schools (as defined in subsection (a) of such 

2 section 1154). 

3 (3) EFFECTIVE DATE.—The transfer of respon4 sibility and authority for operation and administra5 tion of the Troops-to-Teachers Program under para6 graph (1) shall take effect—

7 (A) on the first day of the first month be8 ginning more than 90 days after the date of the 

9 enactment of this Act; or 

10 (B) on such earlier date as the Secretary 

11 of Education and the Secretary of Defense may 

12 jointly provide. 

13 (b) ENACTMENT OF PROGRAM AUTHORITY IN TITLE

14 10, UNITED STATES CODE.—

15 (1) IN GENERAL.—Chapter 58 of title 10, 

16 United States Code, is amended by adding at the 

17 end the following new section: 

18 ‘‘§ 1154. Assistance to eligible members and former 

19 members to obtain employment as teach20 ers: Troops-to-Teachers Program 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) CHARTER SCHOOL.—The term ‘charter 

23 school’ has the meaning given that term in section 

24 5210(1) of the Elementary and Secondary Edu25 cation Act of 1965 (20 U.S.C. 7221i(1)). 


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1 ‘‘(2) ELIGIBLE SCHOOL.—The term ‘eligible 

2 school’ means—

3 ‘‘(A) a public school, including a charter 

4 school, at which—

5 ‘‘(i) at least 30 percent of the stu6 dents enrolled in the school are from fami7 lies with incomes below 185 percent of pov8 erty level (as defined by the Office of Man9 agement and Budget and revised at least 

10 annually in accordance with section 9(b)(1) 

11 of the Richard B. Russell National School 

12 Lunch Act (42 U.S.C. 1758(b)(1)) applica13 ble to a family of the size involved; or 

14 ‘‘(ii) at least 13 percent of the stu15 dents enrolled in the school qualify for as16 sistance under part B of the Individuals 

17 with Disabilities Education Act (20 

18 U.S.C.1411 et seq.); or 

19 ‘‘(B) a Bureau-funded school as defined in 

20 section 1141(3) of the Education Amendments 

21 of 1978 (25 U.S.C. 2021(3)). 

22 ‘‘(3) HIGH-NEED SCHOOL.—The term ‘high23 need school’ means—

24 ‘‘(A) an elementary or middle school in 

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1 dents are children from low-income families, 

2 based on the number of children eligible for free 

3 and reduced priced lunches under the Richard 

4 B. Russell National School Lunch Act (42 

5 U.S.C. 1751 et seq.), the number of children in 

6 families receiving assistance under the State 

7 program funded under part A of title IV of the 

8 Social Security Act (42 U.S.C. 601 et seq.), the 

9 number of children eligible to receive medical 

10 assistance under the Medicaid program, or a 

11 composite of these indicators; 

12 ‘‘(B) a high school in which at least 40 

13 percent of enrolled students are children from 

14 low-income families, which may be calculated 

15 using comparable data from feeder schools; or 

16 ‘‘(C) a school that is in a local educational 

17 agency that is eligible under section 6211(b) of 

18 the Elementary and Secondary Education Act 

19 of 1965 (20 U.S.C. 7345(b)). 

20 ‘‘(4) MEMBER OF THE ARMED FORCES.—The 

21 term ‘member of the armed forces’ includes a retired 

22 or former member of the armed forces. 

23 ‘‘(5) PARTICIPANT.—The term ‘participant’ 

24 means an eligible member of the armed forces se25 lected to participate in the Program. 


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1 ‘‘(6) PROGRAM.—The term ‘Program’ means 

2 the Troops-to-Teachers Program authorized by this 

3 section. 

4 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

5 the Secretary of Defense. 

6 ‘‘(8) ADDITIONAL TERMS.—The terms ‘elemen7 tary school’, ‘local educational agency’, ‘secondary 

8 school’, and ‘State’ have the meanings given those 

9 terms in section 9101 of the Elementary and Sec10 ondary Education Act of 1965 (20 U.S.C. 7801). 

11 ‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of 

12 Defense may carry out a Troops-to-Teachers Program—

13 ‘‘(1) to assist eligible members of the armed 

14 forces described in subsection (d) to meet the re15 quirements necessary to become a teacher in a 

16 school described in paragraph (2); and 

17 ‘‘(2) to facilitate the employment of such mem18 bers—

19 ‘‘(A) by local educational agencies or char20 ter schools that the Secretary of Education 

21 identifies as—

22 ‘‘(i) receiving grants under part A of 

23 title I of the Elementary and Secondary 

24 Education Act of 1965 (20 U.S.C. 6301 et 

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1 risdictions concentrations of children from 

2 low-income families; or 

3 ‘‘(ii) experiencing a shortage of teach4 ers, in particular a shortage of science, 

5 mathematics, special education, foreign 

6 language, or career or technical teachers; 

7 and 

8 ‘‘(B) in elementary schools or secondary 

9 schools, or as career or technical teachers. 

10 ‘‘(c) COUNSELING AND REFERRAL SERVICES.—The 

11 Secretary may provide counseling and referral services to 

12 members of the armed forces who do not meet the eligi13 bility criteria described in subsection (d), including the 

14 education qualification requirements under paragraph 

15 (3)(B) of such subsection. 

16 ‘‘(d) ELIGIBILITY AND APPLICATION PROCESS.—

17 ‘‘(1) ELIGIBLE MEMBERS.—The following mem18 bers of the armed forces are eligible for selection to 

19 participate in the Program: 

20 ‘‘(A) Any member who—

21 ‘‘(i) on or after October 1, 1999, be22 comes entitled to retired or retainer pay 

23 under this title or title 14; 

24 ‘‘(ii) has an approved date of retire25 ment that is within one year after the date 


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1 on which the member submits an applica2 tion to participate in the Program; or 

3 ‘‘(iii) has been transferred to the Re4 tired Reserve. 

5 ‘‘(B) Any member who, on or after Janu6 ary 8, 2002—

7 ‘‘(i)(I) is separated or released from 

8 active duty after four or more years of con9 tinuous active duty immediately before the 

10 separation or release; or 

11 ‘‘(II) has completed a total of at least 

12 six years of active duty service, six years of 

13 service computed under section 12732 of 

14 this title, or six years of any combination 

15 of such service; and 

16 ‘‘(ii) executes a reserve commitment 

17 agreement for a period of not less than 

18 three years under paragraph (5)(B). 

19 ‘‘(C) Any member who, on or after Janu20 ary 8, 2002, is retired or separated for physical 

21 disability under chapter 61 of this title. 

22 ‘‘(2) SUBMISSION OF APPLICATIONS.—(A) Se23 lection of eligible members of the armed forces to 

24 participate in the Program shall be made on the 

25 basis of applications submitted to the Secretary 


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1 within the time periods specified in subparagraph 

2 (B). An application shall be in such form and con3 tain such information as the Secretary may require. 

4 ‘‘(B) In the case of an eligible member of the 

5 armed forces described in subparagraph (A)(i), (B), 

6 or (C) of paragraph (1), an application shall be con7 sidered to be submitted on a timely basis if the ap8 plication is submitted not later than three years 

9 after the date on which the member is retired, sepa10 rated, or released from active duty, whichever ap11 plies to the member. 

12 ‘‘(3) SELECTION CRITERIA; EDUCATIONAL

13 BACKGROUND REQUIREMENTS; HONORABLE SERVICE

14 REQUIREMENT.—(A) The Secretary shall prescribe 

15 the criteria to be used to select eligible members of 

16 the armed forces to participate in the Program. 

17 ‘‘(B) If a member of the armed forces is apply18 ing for the Program to receive assistance for place19 ment as an elementary school or secondary school 

20 teacher, the Secretary shall require the member to 

21 have received a baccalaureate or advanced degree 

22 from an accredited institution of higher education. 

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1 ment as a career or technical teacher, the Secretary 

2 shall require the member—

3 ‘‘(i) to have received the equivalent of one 

4 year of college from an accredited institution of 

5 higher education or the equivalent in military 

6 education and training as certified by the De7 partment of Defense; or 

8 ‘‘(ii) to otherwise meet the certification or 

9 licensing requirements for a career or technical 

10 teacher in the State in which the member seeks 

11 assistance for placement under the Program. 

12 ‘‘(D) A member of the armed forces is eligible 

13 to participate in the Program only if the member’s 

14 last period of service in the armed forces was honor15 able, as characterized by the Secretary concerned. A 

16 member selected to participate in the Program be17 fore the retirement of the member or the separation 

18 or release of the member from active duty may con19 tinue to participate in the Program after the retire20 ment, separation, or release only if the member’s 

21 last period of service is characterized as honorable 

22 by the Secretary concerned. 

23 ‘‘(4) SELECTION PRIORITIES.—In selecting eli24 gible members of the armed forces to receive assist25 ance under the Program, the Secretary—


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1 ‘‘(A) shall give priority to members who—

2 ‘‘(i) have educational or military expe3 rience in science, mathematics, special edu4 cation, foreign language, or career or tech5 nical subjects; and 

6 ‘‘(ii) agree to seek employment as 

7 science, mathematics, foreign language, or 

8 special education teachers in elementary 

9 schools or secondary schools or in other 

10 schools under the jurisdiction of a local 

11 educational agency; and 

12 ‘‘(B) may give priority to members who 

13 agree to seek employment in a high-need school. 

14 ‘‘(5) OTHER CONDITIONS ON SELECTION.—(A) 

15 Subject to subsection (i), the Secretary may not se16 lect an eligible member of the armed forces to par17 ticipate in the Program and receive financial assist18 ance unless the Secretary has sufficient appropria19 tions for the Program available at the time of the 

20 selection to satisfy the obligations to be incurred by 

21 the United States under subsection (e) with respect 

22 to the member. 

23 ‘‘(B) The Secretary may not select an eligible 

24 member of the armed forces described in paragraph 

25 (1)(B)(i) to participate in the Program and receive 


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1 financial assistance under subsection (e) unless the 

2 member executes a written agreement to serve as a 

3 member of the Selected Reserve of a reserve compo4 nent of the armed forces for a period of not less 

5 than three years. 

6 ‘‘(e) PARTICIPATION AGREEMENT AND FINANCIAL

7 ASSISTANCE.—

8 ‘‘(1) PARTICIPATION AGREEMENT.—(A) An eli9 gible member of the armed forces selected to partici10 pate in the Program under subsection (b) and to re11 ceive financial assistance under this subsection shall 

12 be required to enter into an agreement with the Sec13 retary in which the member agrees—

14 ‘‘(i) within such time as the Secretary may 

15 require, to meet the requirements necessary to 

16 become a teacher in a school described in sub17 section (b)(2); and 

18 ‘‘(ii) to accept an offer of full-time employ19 ment as an elementary school teacher, sec20 ondary school teacher, or career or technical 

21 teacher for not less than three school years in 

22 an eligible school to begin the school year after 

23 obtaining that certification or licensing. 

24 ‘‘(B) The Secretary may waive the three-year 

25 commitment described in subparagraph (A)(ii) for a 


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1 participant if the Secretary determines such waiver 

2 to be appropriate. If the Secretary provides the 

3 waiver, the participant shall not be considered to be 

4 in violation of the agreement and shall not be re5 quired to provide reimbursement under subsection 

6 (f), for failure to meet the three-year commitment. 

7 ‘‘(2) VIOLATION OF PARTICIPATION AGREE8 MENT; EXCEPTIONS.—A participant shall not be 

9 considered to be in violation of the participation 

10 agreement entered into under paragraph (1) during 

11 any period in which the participant—

12 ‘‘(A) is pursuing a full-time course of 

13 study related to the field of teaching at an in14 stitution of higher education; 

15 ‘‘(B) is serving on active duty as a member 

16 of the armed forces; 

17 ‘‘(C) is temporarily totally disabled for a 

18 period of time not to exceed three years as es19 tablished by sworn affidavit of a qualified physi20 cian; 

21 ‘‘(D) is unable to secure employment for a 

22 period not to exceed 12 months by reason of the 

23 care required by a spouse who is disabled; 

24 ‘‘(E) is unable to find full-time employ25 ment as a teacher in an eligible elementary 


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1 school or secondary school or as a career or 

2 technical teacher for a single period not to ex3 ceed 27 months; or 

4 ‘‘(F) satisfies the provisions of additional 

5 reimbursement exceptions that may be pre6 scribed by the Secretary. 

7 ‘‘(3) STIPEND AND BONUS FOR PARTICI8 PANTS.—(A) Subject to subparagraph (C), the Sec9 retary may pay to a participant a stipend to cover 

10 expenses incurred by the participant to obtain the 

11 required educational level, certification, or licensing. 

12 Such stipend may not exceed $5,000 and may vary 

13 by participant. 

14 ‘‘(B)(i) Subject to subparagraph (C), the Sec15 retary may pay a bonus to a participant who agrees 

16 in the participation agreement under paragraph (1) 

17 to accept full-time employment as an elementary 

18 school teacher, secondary school teacher, or career 

19 or technical teacher for not less than three school 

20 years in an eligible school. 

21 ‘‘(ii) The amount of the bonus may not exceed 

22 $5,000, unless the eligible school is a high-need 

23 school, in which case the amount of the bonus may 

24 not exceed $10,000. Within such limits, the bonus 

25 may vary by participant and may take into account 


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1 the priority placements as determined by the Sec2 retary. 

3 ‘‘(C)(i) The total number of stipends that may 

4 be paid under subparagraph (A) in any fiscal year 

5 may not exceed 5,000. 

6 ‘‘(ii) The total number of bonuses that may be 

7 paid under subparagraph (B) in any fiscal year may 

8 not exceed 3,000. 

9 ‘‘(iii) A participant may not receive a stipend 

10 under subparagraph (A) if the participant is eligible 

11 for benefits under chapter 33 of title 38. 

12 ‘‘(iv) The combination of a stipend under sub13 paragraph (A) and a bonus under subparagraph (B) 

14 for any one participant may not exceed $10,000. 

15 ‘‘(4) TREATMENT OF STIPEND AND BONUS.—A 

16 stipend or bonus paid under this subsection to a 

17 participant shall be taken into account in deter18 mining the eligibility of the participant for Federal 

19 student financial assistance provided under title IV 

20 of the Higher Education Act of 1965 (20 U.S.C. 

21 1070 et seq.). 

22 ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR23 CUMSTANCES.—

24 ‘‘(1) REIMBURSEMENT REQUIRED.—A partici25 pant who is paid a stipend or bonus under this subVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 section shall be subject to the repayment provisions 

2 of section 373 of title 37 under the following cir3 cumstances: 

4 ‘‘(A) The participant fails to meet the re5 quirements necessary to become a teacher in a 

6 school described in subsection (b)(2) or to ob7 tain employment as an elementary school teach8 er, secondary school teacher, or career or tech9 nical teacher as required by the participation 

10 agreement under subsection (e)(1). 

11 ‘‘(B) The participant voluntarily leaves, or 

12 is terminated for cause from, employment as an 

13 elementary school teacher, secondary school 

14 teacher, or career or technical teacher during 

15 the three years of required service in violation 

16 of the participation agreement. 

17 ‘‘(C) The participant executed a written 

18 agreement with the Secretary concerned under 

19 subsection (d)(5)(B) to serve as a member of a 

20 reserve component of the armed forces for a pe21 riod of three years and fails to complete the re22 quired term of service. 

23 ‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici24 pant required to reimburse the Secretary for a sti25 pend or bonus paid to the participant under subVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 section (e) shall pay an amount that bears the same 

2 ratio to the amount of the stipend or bonus as the 

3 unserved portion of required service bears to the 

4 three years of required service. 

5 ‘‘(3) INTEREST.—Any amount owed by a par6 ticipant under this subsection shall bear interest at 

7 the rate equal to the highest rate being paid by the 

8 United States on the day on which the reimburse9 ment is determined to be due for securities having 

10 maturities of 90 days or less and shall accrue from 

11 the day on which the participant is first notified of 

12 the amount due. 

13 ‘‘(4) EXCEPTIONS TO REIMBURSEMENT RE14 QUIREMENT.—A participant shall be excused from 

15 reimbursement under this subsection if the partici16 pant becomes permanently totally disabled as estab17 lished by sworn affidavit of a qualified physician. 

18 The Secretary may also waive the reimbursement in 

19 cases of extreme hardship to the participant, as de20 termined by the Secretary. 

21 ‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

22 UNDER MONTGOMERY GI BILL.—Except as provided in 

23 subsection (e)(3)(C)(iii), the receipt by a participant of a 

24 stipend or bonus under subsection (e) shall not reduce or 

25 otherwise affect the entitlement of the participant to any 


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1 benefits under chapter 30 or 33 of title 38 or chapter 1606 

2 of this title. 

3 ‘‘(h) PARTICIPATION BY STATES.—

4 ‘‘(1) DISCHARGE OF STATE ACTIVITIES

5 THROUGH CONSORTIA OF STATES.—The Secretary 

6 may permit States participating in the Program to 

7 carry out activities authorized for such States under 

8 the Program through one or more consortia of such 

9 States. 

10 ‘‘(2) ASSISTANCE TO STATES.—(A) Subject to 

11 subparagraph (B), the Secretary may make grants 

12 to States participating in the Program, or to con13 sortia of such States, in order to permit such States 

14 or consortia of States to operate offices for purposes 

15 of recruiting eligible members of the armed forces 

16 for participation in the Program and facilitating the 

17 employment of participants as elementary school 

18 teachers, secondary school teachers, and career or 

19 technical teachers. 

20 ‘‘(B) The total amount of grants made under 

21 subparagraph (A) in any fiscal year may not exceed 

22 $5,000,000. 

23 ‘‘(i) LIMITATION ON TOTAL FISCAL-YEAR OBLIGA24 TIONS.—The total amount obligated by the Secretary 


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1 under the Program for any fiscal year may not exceed 

2 $15,000,000.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such chapter is amended 

5 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.’’.

6 (c) CONFORMING AMENDMENT.—Section 

7 1142(b)(4)(C) of such title is amended by striking ‘‘under 

8 section 2302’’ and all that follows through ‘‘6672)’’. 

9 (d) TERMINATION OF DEPARTMENT OF EDUCATION

10 TROOPS-TO-TEACHERS PROGRAM.—

11 (1) TERMINATION.—Subject to paragraph (3), 

12 chapter A of subpart 1 of part C of title II of the 

13 Elementary and Secondary Education Act of 1965 

14 (20 U.S.C. 6671 et seq.) is repealed. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents in section 2 of the Elementary and Secondary 

17 Education Act of 1965 is amended by striking the 

18 items relating to chapter A of subpart 1 of part C 

19 of title II of such Act. 

20 (3) EXISTING AGREEMENTS.—The repeal of 

21 chapter A of subpart 1 of part C of title II of the 

22 Elementary and Secondary Education Act of 1965 

23 (20 U.S.C. 6671 et seq.) by paragraph (1) shall not 

24 affect—


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1 (A) the validity or terms of any agreement 

2 entered into under such chapter, as in effect 

3 immediately before such repeal, before the ef4 fective date of the transfer of the Troops-to5 Teachers Program under subsection (a); or 

6 (B) the authority to pay assistance, make 

7 grants, or obtain reimbursement in connection 

8 with such an agreement as in effect before the 

9 effective date of the transfer of the Troops-to10 Teachers Program under subsection (a). 

11 SEC. 542. SUPPORT OF NAVAL ACADEMY ATHLETIC AND 

12 PHYSICAL FITNESS PROGRAMS. 

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

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

16 ‘‘§ 6981. Support of athletic and physical fitness pro17 grams 

18 ‘‘(a) AUTHORITY.—

19 ‘‘(1) CONTRACTS AND COOPERATIVE AGREE20 MENTS.—The Secretary of the Navy may enter into 

21 contracts and cooperative agreements with the Naval 

22 Academy Athletic Association for the purpose of 

23 supporting the athletic and physical fitness pro24 grams of the Naval Academy. Notwithstanding sec25 tion 2304(k) of this title, the Secretary may enter 


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1 such contracts or cooperative agreements on a sole 

2 source basis pursuant to section 2304(c)(5) of this 

3 title. Notwithstanding chapter 63 of title 31, a coop4 erative agreement under this section may be used to 

5 acquire property or services for the direct benefit or 

6 use of the Naval Academy. 

7 ‘‘(2) LEASES.—The Secretary may enter into 

8 leases, in accordance with section 2667 of this title, 

9 or licenses with the Association for the purpose of 

10 supporting the athletic and physical fitness pro11 grams of the Naval Academy. Any such lease or li12 cense shall be deemed to satisfy the conditions of 

13 section 2667(h)(2) of this title. 

14 ‘‘(b) USE OF NAVY PERSONAL PROPERTY BY THE

15 ASSOCIATION.—The Secretary may allow the Association 

16 to use, at no cost, personal property of the Department 

17 of the Navy to assist the Association in supporting the 

18 athletic and physical fitness programs of the Naval Acad19 emy. 

20 ‘‘(c) ACCEPTANCE OF SUPPORT.—

21 ‘‘(1) SUPPORT RECEIVED FROM THE ASSOCIA22 TION.—Notwithstanding section 1342 of title 31, the 

23 Secretary may accept from the Association funds, 

24 supplies, and services for the support of the athletic 

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1 emy. For purposes of this section, employees or per2 sonnel of the Association may not be considered to 

3 be employees of the United States. 

4 ‘‘(2) FUNDS RECEIVED FROM NCAA.—The Sec5 retary may accept funds from the National Colle6 giate Athletic Association to support the athletic and 

7 physical fitness programs of the Naval Academy. 

8 ‘‘(3) LIMITATION.—The Secretary shall ensure 

9 that contributions under this subsection do not re10 flect unfavorably on the ability of the Department of 

11 the Navy, any of its employees, or any member of 

12 the armed forces to carry out any responsibility or 

13 duty in a fair and objective manner, or compromise 

14 the integrity or appearance of integrity of any pro15 gram of the Department of the Navy, or any indi16 vidual involved in such a program. 

17 ‘‘(d) RETENTION AND USE OF FUNDS.—Notwith18 standing section 2260(d) of this title, funds received under 

19 this section may be retained for use in support of athletic 

20 and physical fitness programs of the Naval Academy and 

21 shall remain available until expended. 

22 ‘‘(e) TRADEMARKS AND SERVICE MARKS.—

23 ‘‘(1) LICENSING, MARKETING, AND SPONSOR24 SHIP AGREEMENTS.—An agreement under sub25 section (a)(1) may, consistent with sections 2260 


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1 (other than subsection (d)) and 5022(b)(3) of this 

2 title, authorize the Association to enter into licens3 ing, marketing, and sponsorship agreements relating 

4 to trademarks and service marks identifying the 

5 Naval Academy, subject to the approval of the De6 partment of the Navy. 

7 ‘‘(2) LIMITATIONS.—No such licensing, mar8 keting, or sponsorship agreement may be entered 

9 into if it would reflect unfavorably on the ability of 

10 the Department of the Navy, any of its employees, 

11 or any member of the armed forces to carry out any 

12 responsibility or duty in a fair and objective manner, 

13 or if the Secretary determines that the use of the 

14 trademark or service mark would compromise the in15 tegrity or appearance of integrity of any program of 

16 the Department of the Navy, or any individual in17 volved in such a program. 

18 ‘‘(f) SERVICE ON ASSOCIATION BOARD OF CON19 TROL.—The Association is a designated entity for which 

20 authorization under sections 1033(a) and 1589(a) of this 

21 title may be provided. 

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

23 section with respect to the Association is available only 

24 so long as the Association continues to—


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

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

3 1986 and operates in accordance with this section, 

4 the laws of the State of Maryland, and the constitu5 tion and bylaws of the Association; and 

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

7 and physical fitness programs of the Naval Acad8 emy. 

9 ‘‘(h) ASSOCIATION DEFINED.—In this section, the 

10 term ‘Association’ means the Naval Academy Athletic As11 sociation.’’. 

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

13 at the beginning of such chapter is amended by adding 

14 at the end the following new item:

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

15 SEC. 543. EXPANSION OF DEPARTMENT OF DEFENSE PILOT 

16 PROGRAM ON RECEIPT OF CIVILIAN 

17 CREDENTIALING FOR MILITARY OCCUPA18 TIONAL SPECIALTY SKILLS. 

19 (a) EXPANSION OF PROGRAM.—Subsection (b)(1) of 

20 section 558 of the National Defense Authorization Act for 

21 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1418; 

22 10 U.S.C. 2015 note) is amended by striking ‘‘or more 

23 than five’’. 


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1 (b) USE OF INDUSTRY-RECOGNIZED CERTIFI2 CATIONS.—Subsection (b) of such section is further 

3 amended—

4 (1) by striking ‘‘and’’ at the end of paragraph 

5 (1); 

6 (2) by redesignating paragraph (2) as para7 graph (3); and 

8 (3) by inserting after paragraph (1) the fol9 lowing new paragraph: 

10 ‘‘(2) consider utilizing industry-recognized cer11 tifications or licensing standards for civilian occupa12 tional skills comparable to the specialties or codes so 

13 designated; and’’. 

14 SEC. 544. STATE CONSIDERATION OF MILITARY TRAINING 

15 IN GRANTING CERTAIN STATE CERTIFI16 CATIONS AND LICENSES AS A CONDITION ON 

17 THE RECEIPT OF FUNDS FOR VETERANS EM18 PLOYMENT AND TRAINING. 

19 (a) IN GENERAL.—Section 4102A(c) of title 38, 

20 United States Code, is amended by adding at the end the 

21 following new paragraph: 

22 ‘‘(9)(A) As a condition of a grant or contract under 

23 which funds are made available to a State in order to carry 

24 out section 4103A or 4104 of this title for any program 

25 year, the Secretary may require the State—


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1 ‘‘(i) to demonstrate that when the State ap2 proves or denies a certification or license described 

3 in subparagraph (B) for a veteran the State takes 

4 into consideration any training received or experi5 ence gained by the veteran while serving on active 

6 duty in the Armed Forces; and 

7 ‘‘(ii) to disclose to the Secretary in writing the 

8 following: 

9 ‘‘(I) Criteria applicants must satisfy to re10 ceive a certification or license described in sub11 paragraph (B) by the State. 

12 ‘‘(II) A description of the standard prac13 tices of the State for evaluating training re14 ceived by veterans while serving on active duty 

15 in the Armed Forces and evaluating the docu16 mented work experience of such veterans during 

17 such service for purposes of approving or deny18 ing a certification or license described in sub19 paragraph (B). 

20 ‘‘(III) Identification of areas in which 

21 training and experience described in subclause 

22 (II) fails to meet criteria described in subclause 

23 (I).’’

24 ‘‘(B) A certification or license described in this sub25 paragraph is any of the following: 


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1 ‘‘(i) A license to be a nonemergency medical 

2 professional. 

3 ‘‘(ii) A license to be an emergency medical pro4 fessional. 

5 ‘‘(iii) A commercial driver’s license. 

6 ‘‘(C) The Secretary shall share the information the 

7 Secretary receives under subparagraph (A)(ii) with the 

8 Secretary of Defense to help the Secretary of Defense im9 prove training for military occupational specialties so that 

10 individuals who receive such training are able to receive 

11 a certification or license described in subparagraph (B) 

12 from a State. 

13 ‘‘(D) The Secretary shall publish on the Internet 

14 website of the Department available to the public—

15 ‘‘(i) any guidance the Secretary gives the Sec16 retary of Defense with respect to carrying out this 

17 section; and 

18 ‘‘(ii) any information the Secretary receives 

19 from a State pursuant to subparagraph (A).’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 subsection (a) shall apply with respect to a program year 

22 beginning on or after the date of the enactment of this 

23 Act. 


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1 SEC. 545. DEPARTMENT OF DEFENSE REVIEW OF ACCESS 

2 TO MILITARY INSTALLATIONS BY REP3 RESENTATIVES OF INSTITUTIONS OF HIGHER 

4 EDUCATION. 

5 (a) REVIEW REQUIRED.—The Secretary of Defense 

6 shall conduct a review to assess the extent of access that 

7 representatives of institutions of higher education have to 

8 military installations. 

9 (b) ELEMENTS OF REVIEW.—The review required by 

10 subsection (a) shall include, at a minimum, an assessment 

11 of the following: 

12 (1) The policies and procedures that govern the 

13 availability and the degree to which representatives 

14 of institutions of higher education obtain access to 

15 military installations for marketing and recruitment 

16 purposes to members of the Armed Forces and their 

17 families. 

18 (2) The extent to which persons employed by 

19 institutions of higher education who have authorized 

20 access to military installations are engaged in the 

21 unauthorized or inappropriate marketing of products 

22 and services to members of the Armed Forces 

23 through such access. 

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1 tions and the effectiveness or shortcomings, and the 

2 adequacy of the enforcement, of those policies and 

3 regulations. 

4 (c) REPORT.—Not later than 270 days after the date 

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

6 submit to the Committees on Armed Services of the Sen7 ate and the House of Representatives a report containing 

8 the results of the review required by subsection (a). The 

9 report shall include any recommendations for statutory or 

10 regulatory change that the Secretary considers appro11 priate to enhance the protection of members of the Armed 

12 Forces from inappropriate marketing and recruitment on 

13 military installations by representatives of institutions of 

14 higher education. 

15 SEC. 546. REPORT ON DEPARTMENT OF DEFENSE EFFORTS 

16 TO STANDARDIZE EDUCATIONAL TRAN17 SCRIPTS ISSUED TO SEPARATING MEMBERS 

18 OF THE ARMED FORCES. 

19 (a) REPORT REQUIRED.—Not later than 180 days 

20 after the date of the enactment of this Act, the Secretary 

21 of Defense shall submit to the Committees on Armed Serv22 ices of the Senate and the House of Representatives a re23 port on the efforts of the Department of Defense to stand24 ardize the educational transcripts issued to members of 


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1 the Armed Forces on their separation from the Armed 

2 Forces. 

3 (b) ELEMENTS.—The report required by subsection 

4 (a) shall include the following: 

5 (1) A description of the similarities and dif6 ferences between the educational transcripts issued 

7 to members separating from the each of the Armed 

8 Forces. 

9 (2) A description of any assessments done by 

10 the Department, or in conjunction with educational 

11 institutions, to identify shortcomings in the tran12 scripts issued to separating members in connection 

13 with their ability to qualify for civilian educational 

14 credits. 

15 (3) A description of the implementation plan 

16 for the Joint Services Transcript, including a sched17 ule and the elements of existing educational tran18 scripts to be incorporated into the Joint Services 

19 Transcript. 

20 SEC. 547. COMPTROLLER GENERAL OF THE UNITED 

21 STATES REPORTS ON JOINT PROFESSIONAL 

22 MILITARY EDUCATION MATTERS. 

23 (a) REPORT ON REVIEW OF MILITARY EDUCATION

24 COORDINATION COUNCIL REPORT.—


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1 (1) REVIEW OF METHODOLOGY.—The Comp2 troller General of the United States shall review the 

3 methodology used by the Military Education Coordi4 nation Council in compiling the report on joint pro5 fessional military education that is to be submitted 

6 to the Director of Joint Force Development by 

7 March 1, 2013, pursuant to the Joint Staff Memo8 randum, Joint Staff Review, dated July 16, 2012. 

9 The review shall include an examination of the ana10 lytical approach used by the Council for that report, 

11 including the types of information considered, the 

12 cost savings identified, the benefits of options con13 sidered, the time frames for implementation, and 

14 transparency. 

15 (2) REPORT.—Not later than 90 days after re16 ceiving from the Director of Joint Force Develop17 ment the report described in paragraph (1), the 

18 Comptroller General shall submit to the Committees 

19 on Armed Services of the Senate and the House of 

20 Representatives a report on the review under para21 graph (1) of the report described in that paragraph. 

22 The report of the Comptroller General under this 

23 paragraph shall set forth the following: 

24 (A) The results of the review under para25 graph (1). 


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1 (B) Such recommendations as the Comp2 troller General considers appropriate in light of 

3 the results of the review. 

4 (b) REPORT ON JOINT PROFESSIONAL MILITARY

5 EDUCATION RESEARCH INSTITUTIONS.—

6 (1) REPORT REQUIRED.—Not later than Janu7 ary 31, 2014, the Comptroller General of the United 

8 States shall submit to the congressional defense 

9 committees a report setting forth the assessment by 

10 the Comptroller General of the work performed by 

11 joint professional military education research institu12 tions in support of professional military education 

13 and the broader mission of the Department of De14 fense, the military departments, and the Defense 

15 Agencies. 

16 (2) ELEMENTS.—The report required by para17 graph (1) shall include an assessment of the fol18 lowing: 

19 (A) The systems, mechanisms, and struc20 tures within the senior and intermediate joint 

21 professional military education colleges and uni22 versities for oversight, governance, and manage23 ment of the joint professional military education 

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1 nisms, and structures relating to the develop2 ment of policies and budgets for research. 

3 (B) The factors contributing to and the ex4 tent of growth in the number and size of joint 

5 professional military education research institu6 tions since 2000. 

7 (C) The causes and extent of cost growth 

8 at joint professional military education research 

9 institutions since 2000. 

10 (D) The focus of research activity con11 ducted by the joint professional military edu12 cation research institutions, and the extent to 

13 which each joint professional military education 

14 research institution performs a unique research 

15 function or engages in similar or duplicative ef16 forts with other components or elements of the 

17 Department of Defense. 

18 (E) The measures of effectiveness used by 

19 the joint professional military education re20 search institutions, the senior and intermediate 

21 joint professional military education colleges 

22 and universities, and other oversight entities to 

23 evaluate the performance of the joint profes24 sional military education research institutions 

25 in meeting established goals or objectives. 


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1 (3) DEFINITIONS.—In this subsection: 

2 (A) The term ‘‘joint professional military 

3 education research institutions’’ means subordi4 nate organizations (including centers, institutes, 

5 and schools) under the senior and intermediate 

6 joint professional military education colleges 

7 and universities for which research is the pri8 mary mission or reason for existence. 

9 (B) The term ‘‘senior and intermediate 

10 joint professional military education colleges 

11 and universities’’ means the following: 

12 (i) The National Defense University. 

13 (ii) The Army War College. 

14 (iii) The Navy War College. 

15 (iv) The Air University. 

16 (v) The Air War College. 

17 (vi) The Marine Corp University. 

18 Subtitle F—Reserve Officers’ Train19 ing Corps and Related Matters 

20 SEC. 551. REPEAL OF REQUIREMENT FOR ELIGIBILITY FOR 

21 IN-STATE TUITION OF AT LEAST 50 PERCENT 

22 OF PARTICIPANTS IN SENIOR RESERVE OFFI23 CERS’ TRAINING CORPS PROGRAM. 

24 Section 2107(c)(1) of title 10, United States Code, 

25 is amended by striking the third sentence. 


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1 SEC. 552. CONSOLIDATION OF MILITARY DEPARTMENT AU2 THORITY TO ISSUE ARMS, TENTAGE, AND 

3 EQUIPMENT TO EDUCATIONAL INSTITUTIONS 

4 NOT MAINTAINING UNITS OF JUNIOR RE5 SERVE OFFICERS’ TRAINING CORPS. 

6 (a) CONSOLIDATION.—Chapter 102 of title 10, 

7 United States Code, is amended by adding at the end the 

8 following new section: 

9 ‘‘§ 2034. Educational institutions not maintaining 

10 units of Junior Reserve Officers’ Training 

11 Corps: issuance of arms, tentage, and 

12 equipment 

13 ‘‘The Secretary of a military department may issue 

14 arms, tentage, and equipment to an educational institution 

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

16 Corps is maintained if the educational institution—

17 ‘‘(1) offers a course in military training pre18 scribed by that Secretary; and 

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

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

21 (b) REPEAL OF SEPARATE AUTHORITIES.—Sections 

22 4651, 7911, and 9651 of such title are repealed. 

23 (c) CLERICAL AMENDMENTS.—

24 (1) CONSOLIDATED AUTHORITY.—The table of 

25 sections at the beginning of chapter 102 of such title 


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1 is amended by adding at the end the following new 

2 item:

‘‘2034. Educational institutions not maintaining units of Junior Reserve Officers’ Training Corps: issuance of arms, tentage, and equipment.’’.

3 (2) ARMY AUTHORITY.—The table of sections 

4 at the beginning of chapter 441 of such title is 

5 amended by striking the item relating to section 

6 4651. 

7 (3) NAVY AUTHORITY.—The table of sections at 

8 the beginning of chapter 667 of such title is amend9 ed by striking the item relating to section 7911. 

10 (4) AIR FORCE AUTHORITY.—The table of sec11 tions at the beginning of chapter 941 of such title 

12 is amended by striking the item relating to section 

13 9651. 

14 SEC. 553. MODIFICATION OF REQUIREMENTS ON PLAN TO 

15 INCREASE THE NUMBER OF UNITS OF THE 

16 JUNIOR RESERVE OFFICERS’ TRAINING 

17 CORPS. 

18 (a) NUMBER OF UNITS COVERED BY PLAN.—Sub19 section (a) of section 548 of the Duncan Hunter National 

20 Defense Authorization Act for Fiscal Year 2009 (Public 

21 Law 110–417; 122 Stat. 4466) is amended by striking 

22 ‘‘not less than 3,700 units’’ and inserting ‘‘not less than 

23 3,000, and not more than 3,700, units’’. 


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1 (b) ADDITIONAL EXCEPTION.—Subsection (b) of 

2 such section is amended—

3 (1) in paragraph (1), by striking ‘‘or’’ at the 

4 end; 

5 (2) in paragraph (2), by striking the period at 

6 the end and inserting ‘‘; or’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(3) if the Secretaries of the military depart10 ments determine that the level of support of all 

11 kinds (including appropriated funds) provided to 

12 youth development programs within the Armed 

13 Forces is consistent with funding limitations and the 

14 achievement of the objectives of such programs.’’. 

15 (c) SUBMITTAL OF REVISED PLAN AND IMPLEMEN16 TATION REPORTS.—Subsection (e) of such section is 

17 amended to read as follows: 

18 ‘‘(e) TIME FOR SUBMISSION.—Not later than March 

19 31, 2013, the Secretary of Defense shall submit to the 

20 congressional defense committees a revised plan under 

21 subsection (a) to reflect amendments made to subsections 

22 (a) and (b) during fiscal year 2013 and a new report 

23 under subsection (d) to address the revised plan. The Sec24 retary shall submit an updated report not later than 

25 March 31 of each of 2015, 2018, and 2020.’’. 


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1 SEC. 554. COMPTROLLER GENERAL REPORT ON RESERVE 

2 OFFICERS’ TRAINING CORPS PROGRAMS. 

3 (a) REPORT REQUIRED.—Not later than 270 days 

4 after the date of the enactment of this Act, the Comp5 troller General of the United States shall submit to the 

6 congressional defense committees a report setting forth 

7 the assessment of the Comptroller General regarding the 

8 following: 

9 (1) Whether the Reserve Officers’ Training 

10 Corps (ROTC) programs of the military depart11 ments are effectively meeting, and structured to 

12 meet, current and projected requirements for newly 

13 commissioned officers in the Armed Forces. 

14 (2) The cost-effectiveness and unit productivity 

15 of the current Reserve Officers’ Training Corps pro16 grams. 

17 (3) The adequacy of current oversight and cri18 teria for the establishment and disestablishment of 

19 units of the Reserve Officers’ Training Corps. 

20 (b) ELEMENTS.—The report required by subsection 

21 (a) shall include, at a minimum, the following: 

22 (1) A list of the units of the Reserve Officers’ 

23 Training Corps by Armed Force, and by college or 

24 university, and the number of cadets and mid25 shipman currently enrolled by class or year group. 


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1 (2) The number of officers commissioned in 

2 2012 from the Reserve Officers’ Training Corps pro3 grams, and the number projected to be commis4 sioned over the period of the current future-years 

5 defense program under section 221 of title 10, 

6 United States Code, from each unit listed under 

7 paragraph (1). 

8 (3) An assessment of the requirements of each 

9 Armed Force for newly commissioned officers in 

10 2012 and the strategic planning regarding such re11 quirements over the period of the current future12 years defense program. 

13 (4) The number of military and civilian per14 sonnel of the Department of Defense assigned to 

15 lead and manage units of the Reserve Officers’ 

16 Training Corps, and the grades of the military per17 sonnel so assigned. 

18 (5) An assessment of Department of Defense19 wide and Armed-Force specific standards regarding 

20 the productivity of units of the Reserve Officers’ 

21 Training Corps, and an assessment of compliance 

22 with such standards. 

23 (6) An assessment of the projected use by the 

24 Armed Forces of the procedures available to the 

25 Armed Forces to respond to overages in the number 


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1 of cadets and midshipmen in the Reserve Officers’ 

2 Training Corps programs. 

3 (7) A description of the plans of the Armed 

4 Forces to retain or disestablish units of the Reserve 

5 Officers’ Training Corps that do not meet produc6 tivity standards. 

7 Subtitle G—Defense Dependents’ 

8 Education and Military Family 

9 Readiness 

10 SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

11 EDUCATIONAL AGENCIES THAT BENEFIT DE12 PENDENTS OF MEMBERS OF THE ARMED 

13 FORCES AND DEPARTMENT OF DEFENSE CI14 VILIAN EMPLOYEES. 

15 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

16 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

17 amount authorized to be appropriated for fiscal year 2013 

18 by section 301 and available for operation and mainte19 nance for Defense-wide activities as specified in the fund20 ing table in section 4301, $25,000,000 shall be available 

21 only for the purpose of providing assistance to local edu22 cational agencies under subsection (a) of section 572 of 

23 the National Defense Authorization Act for Fiscal Year 

24 2006 (Public Law 109–163; 20 U.S.C. 7703b). 


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1 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

2 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

3 CHANGES, OR FORCE RELOCATIONS.—

4 (1) EXTENSION OF AUTHORITY TO PROVIDE AS5 SISTANCE.—Section 572(b)(4) of the National De6 fense Authorization Act for Fiscal Year 2006 (20 

7 U.S.C. 7703b(b)(4)) is amended by striking ‘‘Sep8 tember 30, 2012’’ and inserting ‘‘September 30, 

9 2014’’. 

10 (2) AMOUNT OF ASSISTANCE AUTHORIZED.—Of 

11 the amount authorized to be appropriated for fiscal 

12 year 2013 by section 301 and available for operation 

13 and maintenance for Defense-wide activities as spec14 ified in the funding table in section 4301, 

15 $5,000,000 shall be available only for the purpose of 

16 providing assistance to local educational agencies 

17 under subsection (b) of section 572 of the National 

18 Defense Authorization Act for Fiscal Year 2006 (20 

19 U.S.C. 7703b). 

20 (c) REPEAL OF OBSOLETE FUNDING REFERENCE.—

21 Section 572 of the National Defense Authorization Act for 

22 Fiscal Year 2006 (20 U.S.C. 7703b) is amended—

23 (1) by striking subsection (e); and 

24 (2) by redesignating subsection (f) as sub25 section (e). 


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1 (d) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

2 this section, the term ‘‘local educational agency’’ has the 

3 meaning given that term in section 8013(9) of the Ele4 mentary and Secondary Education Act of 1965 (20 U.S.C. 

5 7713(9)). 

6 SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DIS7 ABILITIES. 

8 Of the amount authorized to be appropriated for fis9 cal year 2013 pursuant to section 301 and available for 

10 operation and maintenance for Defense-wide activities as 

11 specified in the funding table in section 4301, $5,000,000 

12 shall be available for payments under section 363 of the 

13 Floyd D. Spence National Defense Authorization Act for 

14 Fiscal Year 2001 (as enacted into law by Public Law 106–

15 398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 

16 SEC. 563. AMENDMENTS TO THE IMPACT AID PROGRAM. 

17 (a) SHORT TITLE.—This section may be cited as the 

18 ‘‘Impact Aid Improvement Act of 2012’’. 

19 (b) AMENDMENTS TO THE IMPACT AID PROGRAM.—

20 Title VIII of the Elementary and Secondary Education 

21 Act of 1965 (20 U.S.C. 7701 et seq.) is amended—

22 (1) in section 8002 (20 U.S.C. 7702)—

23 (A) in subsection (a)—

24 (i) by striking ‘‘for a fiscal year end25 ing prior to October 1, 2003’’; and 


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1 (ii) by inserting ‘‘or (h)’’ after ‘‘sub2 section (b)’’; 

3 (B) in subsection (b)—

4 (i) in paragraph (2), by striking ‘‘ag5 gregate assessed’’ and inserting ‘‘estimated 

6 taxable’’; and 

7 (ii) by striking paragraph (3) and in8 serting the following: 

9 ‘‘(3) DETERMINATION OF TAXABLE VALUE FOR

10 ELIGIBLE FEDERAL PROPERTY.—

11 ‘‘(A) IN GENERAL.—In determining the es12 timated taxable value of such acquired Federal 

13 property for fiscal year 2010 and each suc14 ceeding fiscal year, the Secretary shall—

15 ‘‘(i) first determine the total taxable 

16 value for the purpose of levying property 

17 tax for school purposes for current expend18 itures of real property located within the 

19 boundaries of such local educational agen20 cy; 

21 ‘‘(ii) then determine the per acre 

22 value of the eligible Federal property by di23 viding the total taxable value as deter24 mined in clause (i) by the difference be25 tween the total acres located within the 


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1 boundaries of the local educational agency 

2 and the number of Federal acres eligible 

3 under this section; and 

4 ‘‘(iii) then determine the total taxable 

5 value of the eligible Federal property by 

6 multiplying the per acre value as calculated 

7 under clause (ii) by the number of Federal 

8 acres eligible under this section. 

9 ‘‘(B) SPECIAL RULE.—In the case of Fed10 eral property eligible under this section that is 

11 within the boundaries of 2 or more local edu12 cational agencies, such a local educational agen13 cy may ask the Secretary to calculate the per 

14 acre value of each such local educational agency 

15 as provided under subparagraph (A) and apply 

16 the average of these per acre values to the acres 

17 of the Federal property in such agency.’’; and 

18 (C) in subsection (h)—

19 (i) in paragraph (1)—

20 (I) in the paragraph heading, by 

21 striking ‘‘FOR PRE-1995 RECIPIENTS ’’ 

22 and inserting ‘‘FOR PRE-2010 RECIPI23 ENTS’’; and 


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1 (II) by striking subparagraphs 

2 (A) and (B) and inserting the fol3 lowing: 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 first make a foundation payment to each local 

6 educational agency that is determined by the 

7 Secretary to be eligible to receive a payment 

8 under this section for the fiscal year involved 

9 and that filed a timely application, and met, or 

10 has been determined by statute to meet, the eli11 gibility requirements of subsection (a) for fiscal 

12 year 2009. 

13 ‘‘(B) AMOUNT.—

14 ‘‘(i) IN GENERAL.—The amount of a 

15 payment under subparagraph (A) for a 

16 local educational agency shall be equal to 

17 the greater of 90 percent of the payment 

18 the local educational agency received from 

19 dollars appropriated for fiscal year 2009 or 

20 90 percent of the average payment that 

21 the local educational agency received from 

22 dollars appropriated for fiscal years 2006, 

23 2007, 2008, and 2009, and shall be cal24 culated without regard to the maximum 

25 payment provisions in subsection (b)(1)(C). 


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1 ‘‘(ii) EXCEPTION.—In calculating 

2 such average payment for a local edu3 cational agency that did not receive a pay4 ment under subsection (b) for 1 or more of 

5 the fiscal years between fiscal year 2006 

6 and 2009, inclusive, the lowest such pay7 ment made to the agency for fiscal year 

8 2006, 2007, 2008, or 2009, shall be treat9 ed as the payment that the agency received 

10 under subsection (b) for each fiscal year 

11 for which the agency did not receive such 

12 a payment.’’; and 

13 (ii) by striking paragraphs (2) 

14 through (4) and inserting the following: 

15 ‘‘(2) FOUNDATION PAYMENTS FOR NEW APPLI16 CANTS.—

17 ‘‘(A) FIRST YEAR.—From any amounts re18 maining after making payments under para19 graph (1) and subsection (i)(1) for the fiscal 

20 year involved, the Secretary shall make a pay21 ment, in an amount determined in accordance 

22 with subparagraph (C), to each local edu23 cational agency that the Secretary determines 

24 eligible for a payment under this section for a 

25 fiscal year after fiscal year 2009 and that did 


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1 not receive a payment under paragraph (1) for 

2 the fiscal year for which such agency was deter3 mined eligible for such payment. 

4 ‘‘(B) SECOND AND SUCCEEDING YEARS.—

5 For any succeeding fiscal year after the first 

6 fiscal year that a local educational agency re7 ceives a foundation payment under subpara8 graph (A), the amount of the local educational 

9 agency’s foundation payment under this para10 graph for such succeeding fiscal year shall be 

11 equal to the local educational agency’s founda12 tion payment under this paragraph for the first 

13 fiscal year. 

14 ‘‘(C) AMOUNTS.—The amount of a pay15 ment under subparagraph (A) for a local edu16 cational agency shall be determined as follows: 

17 ‘‘(i) Calculate the local educational 

18 agency’s maximum payment under sub19 section (b). 

20 ‘‘(ii) Calculate the percentage that the 

21 amount appropriated under section 

22 8014(a) for the most recent fiscal year for 

23 which the Secretary has completed making 

24 payments under this section is of the total 

25 maximum payments for such fiscal year for 


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1 all local educational agencies eligible for a 

2 payment under subsection (b) and multiply 

3 the agency’s maximum payment by such 

4 percentage. 

5 ‘‘(iii) Multiply the amount determined 

6 under clause (ii) by 90 percent. 

7 ‘‘(D) INSUFFICIENT FUNDS.—If the 

8 amount appropriated under section 8014(a) of 

9 this title is insufficient to pay the full amount 

10 determined under this paragraph for all eligible 

11 local educational agencies for the fiscal year, 

12 then the Secretary shall ratably reduce the pay13 ment to each local educational agency under 

14 this paragraph. 

15 ‘‘(3) REMAINING FUNDS.—From any funds re16 maining after making payments under paragraphs 

17 (1) and (2) for the fiscal year involved, the Sec18 retary shall make a payment to each local edu19 cational agency that received a foundation payment 

20 under paragraph (1) or (2) or subsection (i)(1), for 

21 the fiscal year involved in an amount that bears the 

22 same relation to the remainder as a percentage 

23 share determined for the local educational agency 

24 (by dividing the maximum amount that the agency 

25 is eligible to receive under subsection (b) by the total 


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1 of the maximum amounts for all such agencies) 

2 bears to the percentage share determined (in the 

3 same manner) for all local educational agencies eligi4 ble to receive a payment under this section for the 

5 fiscal year involved, except that, for the purpose of 

6 calculating a local educational agency’s maximum 

7 amount under subsection (b), data from the most 

8 current fiscal year shall be used. 

9 ‘‘(4) DATA.—For each local educational agency 

10 that received a payment under this section for fiscal 

11 year 2010 through the fiscal year in which the Im12 pact Aid Improvement Act of 2012 is enacted, the 

13 Secretary shall not make a payment under para14 graph (3) to a local educational agency that fails to 

15 submit, within 60 days of the date the Secretary no16 tifies the agency that the information is needed, the 

17 data necessary to calculate the maximum amount of 

18 a payment under subsection (b) for that local edu19 cational agency.’’; 

20 (2) by striking section 8003(a)(4) (20 U.S.C. 

21 7703(a)(4)) and inserting the following: 

22 ‘‘(4) MILITARY INSTALLATION AND INDIAN

23 HOUSING UNDERGOING RENOVATION OR REBUILD24 ING.—


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1 ‘‘(A) MILITARY INSTALLATION HOUSING.—

2 Beginning in fiscal year 2014, in determining 

3 the amount of a payment for a local educational 

4 agency for children described in paragraph 

5 (1)(D)(i), the Secretary shall consider those 

6 children as if they were children described in 

7 paragraph (1)(B) if the Secretary determines, 

8 on the basis of a certification provided to the 

9 Secretary by a designated representative of the 

10 Secretary of Defense, that those children would 

11 have resided in housing on Federal property if 

12 the housing was not undergoing renovation or 

13 rebuilding. The total number of children treated 

14 as children described in paragraph (1)(B) shall 

15 not exceed the lessor of—

16 ‘‘(i) the total number of children eligi17 ble under paragraph (1)(B) for the year 

18 prior to the initiation of the housing 

19 project on Federal property undergoing 

20 renovation or rebuilding; or 

21 ‘‘(ii) the total number of Federally 

22 connected children enrolled at the local 

23 educational agency as stated in the appli24 cation filed for the payment for the year 

25 for which the determination is made. 


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1 ‘‘(B) INDIAN LANDS.—Beginning in fiscal 

2 year 2014, in determining the amount of a pay3 ment for a local educational agency that re4 ceived a payment for children that resided on 

5 Indian lands in accordance with paragraph 

6 (1)(C) for the fiscal year prior to the fiscal year 

7 for which the local educational agency is mak8 ing an application, the Secretary shall consider 

9 those children to be children described in para10 graph (1)(C) if the Secretary determines on the 

11 basis of a certification provided to the Secretary 

12 by a designated representative of the Secretary 

13 of the Interior or the Secretary of Housing and 

14 Urban Development that those children would 

15 have resided in housing on Indian lands if the 

16 housing was not undergoing renovation or re17 building. The total number of children treated 

18 as children described in paragraph (1)(C) shall 

19 not exceed the lessor of—

20 ‘‘(i) the total number of children eligi21 ble under paragraph (1)(C) for the year 

22 prior to the initiation of the housing 

23 project on Indian lands undergoing renova24 tion or rebuilding; or 


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1 ‘‘(ii) the total number of Federally 

2 connected children enrolled at the local 

3 educational agency as stated in the appli4 cation filed for the payment for the year 

5 for which the determination is made. 

6 ‘‘(C) ELIGIBLE HOUSING.—Renovation or 

7 rebuilding shall be defined as projects consid8 ered as capitalization, modernization, or res9 toration, as defined by the Secretary of Defense 

10 or the Secretary of the Interior (as the case 

11 may be) and are projects that last more than 

12 30 days, but do not include ‘sustainment 

13 projects’ such as painting, carpeting, or minor 

14 repairs.’’; and 

15 (3) in section 8010 (20 U.S.C. 7710)—

16 (A) in subsection (c)(1), by striking ‘‘para17 graph (3) of this subsection’’ both places the 

18 term appears and inserting ‘‘paragraph (2)’’; 

19 and 

20 (B) by adding at the end the following: 

21 ‘‘(d) TIMELY PAYMENTS.—

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

23 the Secretary shall pay a local educational agency 

24 the full amount that the agency is eligible to receive 

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1 tember 30 of the second fiscal year following the fis2 cal year for which such amount has been appro3 priated if, not later than 1 calendar year following 

4 the fiscal year in which such amount has been ap5 propriated, such local educational agency submits to 

6 the Secretary all the data and information necessary 

7 for the Secretary to pay the full amount that the 

8 agency is eligible to receive under this title for such 

9 fiscal year. 

10 ‘‘(2) PAYMENTS WITH RESPECT OF FISCAL

11 YEARS IN WHICH INSUFFICIENT FUNDS ARE APPRO12 PRIATED.—For a fiscal year in which the amount 

13 appropriated under section 8014 is insufficient to 

14 pay the full amount a local educational agency is eli15 gible to receive under this title, paragraph (1) shall 

16 be applied by substituting ‘is available to pay the 

17 agency’ for ‘the agency is eligible to receive’ each 

18 place the term appears.’’. 

19 (c) EFFECTIVE DATE, IMPLEMENTATION, AND RE20 PEAL.—

21 (1) IN GENERAL.—The amendments made by 

22 subsection (b) shall be effective for a 2-year period 

23 beginning on the date of enactment of this Act. 

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1 cation Act of 1965 (20 U.S.C. 7705(d)), subsection 

2 (b)(1), and the amendments made by subsection 

3 (b)(1), shall take effect with respect to applications 

4 submitted under section 8002 of the Elementary and 

5 Secondary Education Act of 1965 (20 U.S.C. 7702) 

6 for fiscal year 2010. 

7 (3) IMPLEMENTATION.—The Secretary of Edu8 cation shall carry out the amendments made by this 

9 section without regard to the rulemaking procedures 

10 under section 553 of title 5, United States Code. 

11 (4) REPEAL.—The amendments made by sub12 section (b) shall be repealed on the day after the 2-

13 year period described in paragraph (1) and title VIII 

14 of the Elementary and Secondary Education Act of 

15 1965 (20 U.S.C. 7701 et seq.) shall be applied as 

16 if such subsection and the amendments made by 

17 such subsection had never been enacted. 

18 SEC. 564. TRANSITIONAL COMPENSATION FOR DEPENDENT 

19 CHILDREN WHO ARE CARRIED DURING 

20 PREGNANCY AT TIME OF DEPENDENT-ABUSE 

21 OFFENSE COMMITTED BY AN INDIVIDUAL 

22 WHILE A MEMBER OF THE ARMED FORCES. 

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

24 States Code, is amended—


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

2 following new paragraph: 

3 ‘‘(4) Payment to a child under this section shall not 

4 cover any period before the birth of the child.’’; and 

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

6 the dependent-abuse offense resulting in the separa7 tion of the former member’’ in the matter preceding 

8 paragraph (1) and inserting ‘‘or eligible spouse at 

9 the time of the dependent-abuse offense resulting in 

10 the separation of the former member or who was 

11 carried during pregnancy at the time of the depend12 ent-abuse offense resulting in the separation of the 

13 former member and was subsequently born alive to 

14 the eligible spouse or former spouse’’. 

15 (b) PROSPECTIVE APPLICABILITY.—No benefits shall 

16 accrue by reason of the amendments made by this section 

17 for any month that begins before the date of the enact18 ment of this Act. 

19 SEC. 565. MODIFICATION OF AUTHORITY TO ALLOW DE20 PARTMENT OF DEFENSE DOMESTIC DEPEND21 ENT ELEMENTARY AND SECONDARY 

22 SCHOOLS TO ENROLL CERTAIN STUDENTS. 

23 Section 2164 of title 10, United States Code, is 

24 amended by adding at the end the following new sub25 sections: 


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1 ‘‘(k) ENROLLMENT OF RELOCATED DEFENSE DE2 PENDENTS’ EDUCATION SYSTEM STUDENTS.—(1) The 

3 Secretary of Defense may authorize the enrollment in a 

4 Department of Defense education program provided by 

5 the Secretary pursuant to subsection (a) of a dependent 

6 of a member of the armed forces or a dependent of a Fed7 eral employee who is enrolled in the defense dependents’ 

8 education system established under section 1402 of the 

9 Defense Dependents’ Education Act of 1978 (20 U.S.C. 

10 921) if—

11 ‘‘(A) the dependents departed the overseas loca12 tion as a result of a evacuation order; 

13 ‘‘(B) the designated safe haven of the depend14 ent is located within reasonable commuting distance 

15 of a school operated by the Department of Defense 

16 education program; and 

17 ‘‘(C) the school possesses the capacity and re18 sources necessary to enable the student to attend the 

19 school. 

20 ‘‘(2) Unless waived by the Secretary of Defense, a 

21 dependent described in paragraph (1) who is enrolled in 

22 a school operated by the Department of Defense education 

23 program pursuant to such paragraph may attend the 

24 school only through the end of the school year. 


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1 ‘‘(l) ENROLLMENT IN VIRTUAL ELEMENTARY AND

2 SECONDARY EDUCATION PROGRAM.—(1) Under regula3 tions prescribed by the Secretary of Defense, the Secretary 

4 may authorize the enrollment in the virtual elementary 

5 and secondary education program established as a compo6 nent of the Department of Defense education program of 

7 a dependent of a member of the armed forces on active 

8 duty who—

9 ‘‘(A) is enrolled in an elementary or secondary 

10 school operated by a local educational agency or an11 other accredited educational program in the United 

12 States (other than a school operated by the Depart13 ment of Defense education program); and 

14 ‘‘(B) immediately before such enrollment, was 

15 enrolled in the defense dependents’ education system 

16 established under section 1402 of the Defense De17 pendents’ Education Act of 1978 (20 U.S.C. 921). 

18 ‘‘(2) Enrollment of a dependent described in para19 graph (1) pursuant to such paragraph shall be on a tuition 

20 basis.’’. 

21 SEC. 566. NONCOMPETITIVE APPOINTMENT AUTHORITY 

22 REGARDING CERTAIN MILITARY SPOUSES. 

23 (a) IN GENERAL.—Subchapter I of chapter 33 of title 

24 5, United States Code, is amended by adding at the end 

25 the following new section: 


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1 ‘‘§ 3330d. Appointment of certain military spouses 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) The term ‘active duty’—

4 ‘‘(A) has the meaning given that term in 

5 section 101(d)(1) of title 10; 

6 ‘‘(B) includes full-time National Guard 

7 duty (as defined in section 101(d)(5) of title 

8 10); and 

9 ‘‘(C) for a member of a reserve component 

10 (as described in section 10101 of title 10), does 

11 not include training duties or attendance at a 

12 service school. 

13 ‘‘(2) The term ‘agency’—

14 ‘‘(A) has the meaning given the term ‘Ex15 ecutive agency’ in section 105 of this title; and 

16 ‘‘(B) does not include the Government Ac17 countability Office. 

18 ‘‘(3) The term ‘geographic area of the perma19 nent duty station’ means the area from which indi20 viduals reasonably can be expected to travel daily to 

21 and from work at the location of a member’s perma22 nent duty station. 

23 ‘‘(4) The term ‘permanent change of station’ 

24 means the assignment, detail, or transfer of a mem25 ber of the Armed Forces who is on active duty and 


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1 serving at a permanent duty station under a com2 petent authorization or order that does not—

3 ‘‘(A) specify the duty as temporary; 

4 ‘‘(B) provide for assignment, detail, or 

5 transfer, after that different permanent duty 

6 station, to a further different permanent duty 

7 station; or 

8 ‘‘(C) direct return to the initial permanent 

9 duty station. 

10 ‘‘(5) The term ‘relocating spouse of a member 

11 of the Armed Forces’ means an individual who—

12 ‘‘(A) is married to a member of the Armed 

13 Forces (on or prior to a permanent change of 

14 station of the member) who is ordered to active 

15 duty for a period of more than 180 consecutive 

16 days; 

17 ‘‘(B) relocates to the member’s permanent 

18 duty station; and 

19 ‘‘(C) before relocating as described in sub20 paragraph (B), resided outside the geographic 

21 area of the permanent duty station. 

22 ‘‘(6) The term ‘spouse of a disabled or deceased 

23 member of the Armed Forces’ means an individual—

24 ‘‘(A) who is married to a member of the 

25 Armed Forces who—


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1 ‘‘(i) is retired, released, or discharged 

2 from the Armed Forces; and 

3 ‘‘(ii) on the date on which the member 

4 retires, is released, or is discharged, has a 

5 disability rating of 100 percent under the 

6 standard schedule of rating disabilities in 

7 use by the Department of Veterans Af8 fairs; or 

9 ‘‘(B) who—

10 ‘‘(i) was married to a member of the 

11 Armed Forces on the date on which the 

12 member dies while on active duty in the 

13 Armed Forces; and 

14 ‘‘(ii) has not remarried. 

15 ‘‘(b) APPOINTMENT AUTHORITY.—The head of an 

16 agency may appoint noncompetitively—

17 ‘‘(1) a relocating spouse of a member of the 

18 Armed Forces; or 

19 ‘‘(2) a spouse of a disabled or deceased member 

20 of the Armed Forces. 

21 ‘‘(c) SPECIAL RULES REGARDING RELOCATING

22 SPOUSE.—

23 ‘‘(1) IN GENERAL.—An appointment of a relo24 cating spouse of a member of the Armed Forces 

25 under this section may only be to a position the duty 


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1 station for which is within the geographic area of 

2 the permanent duty station of the member of the 

3 Armed Forces, unless there is no agency with a posi4 tion with a duty station within the geographic area 

5 of the permanent duty station of the member of the 

6 Armed Forces. 

7 ‘‘(2) SINGLE PERMANENT APPOINTMENT PER

8 DUTY STATION.—A relocating spouse of a member 

9 of the Armed Forces may not receive more than 1 

10 permanent appointment under this section for each 

11 time the spouse relocates as described in subpara12 graphs (B) and (C) of subsection (a)(5). 

13 ‘‘(d) SPECIAL RULES REGARDING SPOUSE OF A DIS14 ABLED OR DECEASED MEMBER OF THE ARMED

15 FORCES.—

16 ‘‘(1) IN GENERAL.—An appointment of an eligi17 ble spouse as described in subparagraph (A) or (B) 

18 of subsection (a)(6) is not restricted to a geo19 graphical area. 

20 ‘‘(2) SINGLE PERMANENT APPOINTMENT.—A 

21 spouse of a disabled or deceased member of the 

22 Armed Forces may not receive more than 1 perma23 nent appointment under this section.’’. 

24 (b) REGULATIONS.—Not later than 180 after the 

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1 fice of Personnel Management shall amend section 

2 315.612 of title 5, Code of Federal Regulations (relating 

3 to noncompetitive appointment of certain military 

4 spouses), in accordance with the amendment made by sub5 section (a) and promulgate or amend any other regula6 tions necessary to carry out the amendment made by sub7 section (a). 

8 (c) CLERICAL AMENDMENT.—The table of sections 

9 for chapter 33 of title 5, United States Code, is amended 

10 by inserting after the item relating to section 3330c the 

11 following new item:

‘‘3330d. Appointment of certain military spouses.’’.

12 SEC. 567. REPORT ON FUTURE OF FAMILY SUPPORT PRO13 GRAMS OF THE DEPARTMENT OF DEFENSE. 

14 (a) REPORT REQUIRED.—Not later than 180 days 

15 after the date of the enactment of this Act, the Secretary 

16 of Defense shall submit to the congressional defense com17 mittees a report on the anticipated future of the family 

18 support programs of the Department of Defense during 

19 the five-year period beginning on the date of the submittal 

20 of the report as end strengths for the Armed Forces are 

21 reduced and the Armed Forces are drawn down from com22 bat operations in Afghanistan. 

23 (b) ELEMENTS.—The report required by subsection 

24 (a) shall include the following: 


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1 (1) A description of the current family support 

2 programs of each of the Armed Forces and the De3 partment of Defense, including the name, scope and 

4 intended purpose of each program. 

5 (2) An assessment of the current costs of the 

6 family support programs covered by paragraph (1), 

7 and an estimate of the costs of anticipated family 

8 support programs of the Armed Forces and Depart9 ment over the period covered by the report. 

10 (3) An assessment of the costs and other con11 sequences associated with the elimination or reduc12 tion of any current family support programs covered 

13 by paragraph (1) over the period covered by the re14 port. 

15 (4) An assessment of the family support pro16 grams of each of the Armed Forces covered by para17 graph (1), including any planned or anticipated 

18 changes to the programs over the period covered by 

19 the report. 

20 SEC. 568. SENSE OF CONGRESS REGARDING SUPPORT FOR 

21 YELLOW RIBBON DAY. 

22 Congress supports the goals and ideals of Yellow Rib23 bon Day in honor of members of the Armed Forces and 

24 other individuals of the United States who are serving 

25 overseas apart from their families and loved ones. 


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1 Subtitle H—Improved Sexual As2 sault Prevention and Response 

3 in the Armed Forces 

4 SEC. 570. ARMED FORCES WORKPLACE AND GENDER RELA5 TIONS SURVEYS. 

6 (a) ADDITIONAL CONTENT OF SURVEYS.—Sub7 section (c) of section 481 of title 10, United States Code, 

8 is amended—

9 (1) by striking ‘‘harassment and discrimina10 tion’’ and inserting ‘‘harassment, assault, and dis11 crimination’’; 

12 (2) by redesignating paragraphs (2) and (3) as 

13 paragraphs (3) and (4); respectively; 

14 (3) by inserting after paragraph (1) the fol15 lowing new paragraph (2): 

16 ‘‘(2) The specific types of assault that have oc17 curred, and the number of times each respondent 

18 has been assaulted during the preceding year.’’; 

19 (4) in paragraph (4), as so redesignated, by 

20 striking ‘‘discrimination’’ and inserting ‘‘discrimina21 tion, harassment, and assault’’; and 

22 (5) by adding at the end the following new 

23 paragraph: 


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1 ‘‘(5) Any other issues relating to discrimination, 

2 harassment, or assault as the Secretary of Defense 

3 considers appropriate.’’. 

4 (b) TIME FOR CONDUCTING OF SURVEYS.—Such sec5 tion is further amended—

6 (1) in subsection (a)(1), by striking ‘‘four quad7 rennial surveys (each in a separate year)’’ and in8 serting ‘‘four surveys’’; and 

9 (2) by striking subsection (d) and inserting the 

10 following new subsection: 

11 ‘‘(d) WHEN SURVEYS REQUIRED.—(1) One of the 

12 two Armed Forces Workplace and Gender Relations Sur13 veys shall be conducted in 2014 and then every second 

14 year thereafter and the other Armed Forces Workplace 

15 and Gender Relations Survey shall be conducted in 2015 

16 and then every second year thereafter, so that one of the 

17 two surveys is being conducted each year. 

18 ‘‘(2) The two Armed Forces Workplace and Equal 

19 Opportunity Surveys shall be conducted at least once every 

20 four years. The two surveys may not be conducted in the 

21 same year.’’. 


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1 SEC. 571. AUTHORITY TO RETAIN OR RECALL TO ACTIVE 

2 DUTY RESERVE COMPONENT MEMBERS WHO 

3 ARE VICTIMS OF SEXUAL ASSAULT WHILE ON 

4 ACTIVE DUTY. 

5 (a) IN GENERAL.—Chapter 1209 of title 10, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 12323. Active duty pending line of duty determina9 tion required for response to sexual as10 sault 

11 ‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the case 

12 of a member of a reserve component who is the alleged 

13 victim of sexual assault committed while on active duty 

14 and who is expected to be released from active duty before 

15 the determination is made regarding whether the member 

16 was assaulted while in the line of duty (in this section re17 ferred to as a ‘line of duty determination’), the Secretary 

18 concerned, upon the request of the member, may order 

19 the member to be retained on active duty until completion 

20 of the line of duty determination. A member eligible for 

21 continuation on active duty under this subsection shall be 

22 informed as soon as practicable after the alleged assault 

23 of the option to request continuation on active duty under 

24 this subsection. 

25 ‘‘(b) RETURN TO ACTIVE DUTY.—In the case of a 

26 member of a reserve component not on active duty who 


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1 is the alleged victim of a sexual assault that occurred while 

2 the member was on active duty and when the line of duty 

3 determination is not completed, the Secretary concerned, 

4 upon the request of the member, may order the member 

5 to active duty for such time as necessary for completion 

6 of the line of duty determination. 

7 ‘‘(c) REGULATIONS.—The Secretaries of the military 

8 departments shall prescribe regulations to carry out this 

9 section, subject to guidelines prescribed by the Secretary 

10 of Defense. The guidelines of the Secretary of Defense 

11 shall provide that—

12 ‘‘(1) a request submitted by a member de13 scribed in subsection (a) or (b) to continue on active 

14 duty, or to be ordered to active duty, respectively, 

15 must be decided within 30 days from the date of the 

16 request; and 

17 ‘‘(2) if the request is denied, the member may 

18 appeal to the first general officer or flag officer in 

19 the chain of command of the member, and in the 

20 case of such an appeal a decision on the appeal must 

21 be made within 15 days from the date of the ap22 peal.’’. 

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

24 at the beginning of chapter 1209 of such title is amended 

25 adding at the end the following new item:


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‘‘12323. Active duty pending line of duty determination required for response 

to sexual assault.’’.

1 SEC. 572. ADDITIONAL ELEMENTS IN COMPREHENSIVE DE2 PARTMENT OF DEFENSE POLICY ON SEXUAL 

3 ASSAULT PREVENTION AND RESPONSE. 

4 (a) POLICY MODIFICATIONS.—Not later than 180 

5 days after the date of the enactment of this Act, the Sec6 retary of Defense shall modify the revised comprehensive 

7 policy for the Department of Defense sexual assault pre8 vention and response program required by section 1602 

9 of the Ike Skelton National Defense Authorization Act for 

10 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4430; 

11 10 U.S.C. 1561 note) to include in the policy the following 

12 new requirements: 

13 (1) Subject to subsection (b), a requirement 

14 that the Secretary of each military department es15 tablish a record on the disposition of any Unre16 stricted Report of sexual assault involving a member 

17 of the Armed Forces, whether such disposition is 

18 court martial, nonjudicial punishment, or other ad19 ministrative action. 

20 (2) A requirement that the Secretary of each 

21 military department establish policies to require the 

22 processing for administrative separation of any 

23 member of the Armed Forces under the jurisdiction 

24 of such Secretary whose conviction for a covered ofVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 fense is final and who is not punitively discharged 

2 from the Armed Forces in connection with such con3 viction. Such requirement—

4 (A) shall ensure that any separation deci5 sion is based on the full facts of the case and 

6 that due process procedures are provided under 

7 regulations prescribed by the Secretary of De8 fense; and 

9 (B) shall not be interpreted to limit or 

10 alter the authority of the Secretary of the mili11 tary department concerned to process members 

12 of the Armed Forces for administrative separa13 tion for other offenses or under other provisions 

14 of law. 

15 (3) A requirement that the commander of each 

16 military command and other units specified by the 

17 Secretary of Defense for purposes of the policy shall 

18 conduct, within 120 days after the commander as19 sumes command and at least annually thereafter 

20 while retaining command, a climate assessment of 

21 the command or unit for purposes of preventing and 

22 responding to sexual assaults. The climate assess23 ment shall include an opportunity for members of 

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1 cluding commanders, respond to allegations of sex2 ual assault and complaints of sexual harassment and 

3 the effectiveness of such response. 

4 (4) A requirement to post and widely dissemi5 nate information about resources available to report 

6 and respond to sexual assaults, including the estab7 lishment of hotline phone numbers and Internet 

8 websites available to all members of the Armed 

9 Forces. 

10 (5) A requirement for a general education cam11 paign to notify members of the Armed Forces re12 garding the authorities available under chapter 79 of 

13 title 10, United States Code, for the correction of 

14 military records when a member experiences any re15 taliatory personnel action for making a report of 

16 sexual assault or sexual harassment. 

17 (b) ADDITIONAL REQUIREMENTS REGARDING DIS18 POSITION RECORDS OF SEXUAL ASSAULT REPORTS.—

19 (1) ELEMENTS.—The record of the disposition 

20 of an Unrestricted Report of sexual assault estab21 lished under subsection (a)(1) shall include informa22 tion regarding the following, as appropriate: 

23 (A) Documentary information collected 

24 about the incident, other than investigator case 

25 notes. 


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1 (B) Punishment imposed, including the 

2 sentencing by judicial or non-judicial means, in3 cluding incarceration, fines, restriction, and 

4 extra duty as a result of military court-martial, 

5 Federal or local court and other sentencing, or 

6 any other punishment imposed. 

7 (C) Adverse administrative actions taken 

8 against the subject of the investigation, if any. 

9 (D) Any pertinent referrals made for the 

10 subject of the investigation, offered as a result 

11 of the incident, such as drug and alcohol coun12 seling and other types of counseling or interven13 tion. 

14 (2) RETENTION OF RECORDS.—The Secretary 

15 of Defense shall require that—

16 (A) the disposition records established pur17 suant to subsection (a)(1) be retained for a pe18 riod of not less than 20 years; and 

19 (B) information from the records that sat20 isfies the reporting requirements established in 

21 section 1631 of the Ike Skelton National De22 fense Authorization Act for Fiscal Year 2011 

23 (Public Law 111–383; 10 U.S.C. 1561 note) be 

24 incorporated into the Defense Sexual Assault 

25 Incident Database and maintained for the same 


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1 period as applies to retention of the records 

2 under subparagraph (A). 

3 (c) COVERED OFFENSE DEFINED.—For purposes of 

4 subsection (a)(2), the term ‘‘covered offense’’ means the 

5 following: 

6 (1) Rape or sexual assault under subsection (a) 

7 or (b) of section 920 of title 10, United States Code 

8 (article 120 of the Uniform Code of Military Jus9 tice). 

10 (2) Forcible sodomy under section 925 of title 

11 10, United States Code (article 125 of the Uniform 

12 Code of Military Justice). 

13 (3) An attempt to commit an offense specified 

14 in paragraph (1) or (2) under section 880 of title 

15 10, United States Code (article 80 of the Uniform 

16 Code of Military Justice). 

17 SEC. 573. ESTABLISHMENT OF SPECIAL VICTIM CAPABILI18 TIES WITHIN THE MILITARY DEPARTMENTS 

19 TO RESPOND TO ALLEGATIONS OF CERTAIN 

20 SPECIAL VICTIM OFFENSES. 

21 (a) ESTABLISHMENT REQUIRED.—Under regulations 

22 prescribed by the Secretary of Defense, the Secretary of 

23 each military department shall establish special victim ca24 pabilities for the purposes of—


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1 (1) investigating and prosecuting allegations of 

2 child abuse, serious domestic violence, or sexual of3 fenses; and 

4 (2) providing support for the victims of such of5 fenses. 

6 (b) PERSONNEL.—The special victim capabilities de7 veloped under subsection (a) shall include specially trained 

8 and selected—

9 (1) investigators from the Army Criminal Inves10 tigative Command, Naval Criminal Investigative 

11 Service, or Air Force Office of Special Investiga12 tions; 

13 (2) judge advocates; 

14 (3) victim witness assistance personnel; and 

15 (4) administrative paralegal support personnel. 

16 (c) TRAINING, SELECTION, AND CERTIFICATION

17 STANDARDS.—The Secretary of Defense shall prescribe 

18 standards for the training, selection, and certification of 

19 personnel who will provide special victim capabilities for 

20 a military department. 

21 (d) DISCRETION REGARDING EXTENT OF CAPABILI22 TIES.—

23 (1) IN GENERAL.—Subject to paragraph (2), 

24 the Secretary of a military department shall deter25 mine the extent to which special victim capabilities 


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1 will be established within the military department 

2 and prescribe regulations for the management and 

3 use of the special victim capabilities. 

4 (2) REQUIRED ELEMENTS.—At a minimum, the 

5 special victim capabilities established within a mili6 tary department must provide effective, timely, and 

7 responsive world-wide support for the purposes de8 scribed in subsection (a). 

9 (e) TIME FOR ESTABLISHMENT.—

10 (1) IMPLEMENTATION PLAN.—Not later than 

11 270 days after the date of the enactment of this Act, 

12 the Secretary of Defense shall submit to the Com13 mittees on Armed Services of the Senate and the 

14 House of Representatives a report containing—

15 (A) the plans and time lines of the Secre16 taries of the military departments for the estab17 lishment of the special victims capabilities; and 

18 (B) an assessment by the Secretary of De19 fense of the plans and time lines. 

20 (2) INITIAL CAPABILITIES.—Not later than one 

21 year after the date of the enactment of this Act, the 

22 Secretary of each military department shall have 

23 available an initial special victim capability con24 sisting of the personnel specified in subsection (b). 


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1 (f) EVALUATION OF EFFECTIVENESS.—Not later 

2 than 180 days after the date of the enactment of this Act, 

3 the Secretary of Defense shall—

4 (1) prescribe the common criteria to be used by 

5 the Secretaries of the military departments to meas6 ure the effectiveness and impact of the special victim 

7 capabilities from the investigative, prosecutorial, and 

8 victim’s perspectives; and 

9 (2) require the Secretaries of the military de10 partments to collect and report the data used to 

11 measure such effectiveness and impact. 

12 (g) SPECIAL VICTIM CAPABILITIES DEFINED.—In 

13 this section, the term ‘‘special victim capabilities’’ means 

14 a distinct, recognizable group of appropriately skilled pro15 fessionals who work collaboratively to achieve the purposes 

16 described in subsection (a). This section does not require 

17 that the special victim capabilities be created as separate 

18 military unit or have a separate chain of command. 

19 SEC. 574. ENHANCEMENT TO TRAINING AND EDUCATION 

20 FOR SEXUAL ASSAULT PREVENTION AND RE21 SPONSE. 

22 Section 585 of the National Defense Authorization 

23 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

24 1434; 10 U.S.C. 1561 note) is amended by adding at the 

25 end the following new subsections: 


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1 ‘‘(d) COMMANDERS’ TRAINING.—The Secretary of 

2 Defense shall provide for the inclusion of a sexual assault 

3 prevention and response training module in the training 

4 for new or prospective commanders at all levels of com5 mand. The training shall be tailored to the responsibilities 

6 and leadership requirements of members of the Armed 

7 Forces as they are assigned to command positions. Such 

8 training shall include the following: 

9 ‘‘(1) Fostering a command climate that does 

10 not tolerate sexual assault. 

11 ‘‘(2) Fostering a command climate in which 

12 persons assigned to the command are encouraged to 

13 intervene to prevent potential incidents of sexual as14 sault. 

15 ‘‘(3) Fostering a command climate that encour16 ages victims of sexual assault to report any incident 

17 of sexual assault. 

18 ‘‘(4) Understanding the needs of, and the re19 sources available to, the victim after an incident of 

20 sexual assault. 

21 ‘‘(5) Use of military criminal investigative orga22 nizations for the investigation of alleged incidents of 

23 sexual assault. 

24 ‘‘(6) Available disciplinary options, including 

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1 tive action, and deferral of discipline for collateral 

2 misconduct, as appropriate. 

3 ‘‘(e) EXPLANATION TO BE INCLUDED IN INITIAL

4 ENTRY AND ACCESSION TRAINING.—

5 ‘‘(1) REQUIREMENT.—The Secretary of De6 fense shall require that the matters specified in 

7 paragraph (2) be carefully explained to each member 

8 of the Army, Navy, Air Force, and Marine Corps at 

9 the time of (or within fourteen duty days after)—

10 ‘‘(A) the member’s initial entrance on ac11 tive duty; or 

12 ‘‘(B) the member’s initial entrance into a 

13 duty status with a reserve component. 

14 ‘‘(2) MATTERS TO BE EXPLAINED.—This sub15 section applies with respect to the following: 

16 ‘‘(A) Department of Defense policy with 

17 respect to sexual assault. 

18 ‘‘(B) The resources available with respect 

19 to sexual assault reporting and prevention and 

20 the procedures to be followed by a member 

21 seeking to access those resources.’’. 


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1 SEC. 575. MODIFICATION OF ANNUAL DEPARTMENT OF DE2 FENSE REPORTING REQUIREMENTS REGARD3 ING SEXUAL ASSAULTS. 

4 (a) GREATER DETAIL IN CASE SYNOPSES PORTION

5 OF REPORT.—Section 1631 of the Ike Skelton National 

6 Defense Authorization Act for Fiscal Year 2011 (Public 

7 Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note) is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(f) ADDITIONAL DETAILS FOR CASE SYNOPSES

11 PORTION OF REPORT.—The Secretary of each military de12 partment shall include in the case synopses portion of each 

13 report described in subsection (b)(3) the following addi14 tional information: 

15 ‘‘(1) If charges are dismissed following an in16 vestigation conducted under section 832 of title 10, 

17 United States Code (article 32 of the Uniform Code 

18 of Military Justice), the case synopsis shall include 

19 the reason for the dismissal of the charges. 

20 ‘‘(2) If the case synopsis states that a member 

21 of the Armed Forces accused of committing a sexual 

22 assault was administratively separated or, in the 

23 case of an officer, allowed to resign in lieu of facing 

24 a court-martial, the case synopsis shall include the 

25 characterization (honorable, general, or other than 


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1 honorable) given the service of the member upon 

2 separation. 

3 ‘‘(3) The case synopsis shall indicate whether a 

4 member of the Armed Forces accused of committing 

5 a sexual assault was ever previously accused of a 

6 substantiated sexual assault or was admitted to the 

7 Armed Forces under a moral waiver granted with re8 spect to prior sexual misconduct. 

9 ‘‘(4) The case synopsis shall indicate the branch 

10 of the Armed Forces of each member accused of 

11 committing a sexual assault and the branch of the 

12 Armed Forces of each member who is a victim of a 

13 sexual assault. 

14 ‘‘(5) If the case disposition includes non-judicial 

15 punishment, the case synopsis shall explicitly state 

16 the nature of the punishment. 

17 ‘‘(6) The case synopsis shall indicate whether 

18 alcohol was involved in any way in a substantiated 

19 sexual assault incident.’’. 

20 (b) ADDITIONAL ELEMENTS OF EACH REPORT.—

21 Subsection (b) of such section is amended by adding at 

22 the end the following new paragraphs: 

23 ‘‘(7) The number of applications submitted 

24 under section 673 of title 10, United States Code, 

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1 nent change of station or unit transfer for members 

2 of the Armed Forces on active duty who are the vic3 tim of a sexual assault or related offense, the num4 ber of applications denied, and, for each application 

5 denied, a description of the reasons why the applica6 tion was denied. 

7 ‘‘(8) An analysis and assessment of trends in 

8 the incidence, disposition, and prosecution of sexual 

9 assaults by units, commands, and installations dur10 ing the year covered by the report, including trends 

11 relating to prevalence of incidents, prosecution of in12 cidents, and avoidance of incidents. 

13 ‘‘(9) An assessment of the adequacy of sexual 

14 assault prevention and response activities carried out 

15 by training commands during the year covered by 

16 the report. 

17 ‘‘(10) An analysis of the specific factors that 

18 may have contributed to sexual assault during the 

19 year covered by the report, an assessment of the role 

20 of such factors in contributing to sexual assaults 

21 during that year, and recommendations for mecha22 nisms to eliminate or reduce the incidence of such 

23 factors or their contributions to sexual assaults.’’. 

24 (c) APPLICATION OF AMENDMENTS.—The amend25 ments made by this section shall apply beginning with the 


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1 report regarding sexual assaults involving members of the 

2 Armed Forces required to be submitted by March 1, 2014, 

3 under section 1631 of the Ike Skelton National Defense 

4 Authorization Act for Fiscal Year 2011. 

5 SEC. 576. INDEPENDENT REVIEWS AND ASSESSMENTS OF 

6 UNIFORM CODE OF MILITARY JUSTICE AND 

7 JUDICIAL PROCEEDINGS OF SEXUAL AS8 SAULT CASES. 

9 (a) INDEPENDENT REVIEWS AND ASSESSMENTS RE10 QUIRED.—

11 (1) RESPONSE SYSTEMS TO ADULT SEXUAL AS12 SAULT CRIMES.—The Secretary of Defense shall es13 tablish a panel to conduct an independent review 

14 and assessment of the systems used to investigate, 

15 prosecute, and adjudicate crimes involving adult sex16 ual assault and related offenses under section 920 of 

17 title 10, United States Code (article 120 of the Uni18 form Code of Military Justice), for the purpose of 

19 developing recommendations regarding how to im20 prove the effectiveness of such systems. 

21 (2) JUDICIAL PROCEEDINGS SINCE FISCAL

22 YEAR 2012 AMENDMENTS.—The Secretary of De23 fense shall establish a panel to conduct an inde24 pendent review and assessment of judicial pro25 ceedings conducted under the Uniform Code of MiliVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 tary Justice involving adult sexual assault and re2 lated offenses since the amendments made to the 

3 Uniform Code of Military Justice by section 541 of 

4 the National Defense Authorization Act for Fiscal 

5 Year 2012 (Public Law 112–81; 125 Stat. 1404) for 

6 the purpose of developing recommendations for im7 provements to such proceedings. 

8 (b) ESTABLISHMENT OF INDEPENDENT REVIEW

9 PANELS.—

10 (1) COMPOSITION.—

11 (A) RESPONSE SYSTEMS PANEL.—The 

12 panel required by subsection (a)(1) shall be 

13 composed of nine members, five of whom are 

14 appointed by the Secretary of Defense and one 

15 member each appointed by the chairman and 

16 ranking member of the Committees on Armed 

17 Services of the Senate and the House of Rep18 resentatives. 

19 (B) JUDICIAL PROCEEDINGS PANEL.—The 

20 panel required by subsection (a)(2) shall be ap21 pointed by the Secretary of Defense and consist 

22 of five members, two of whom must have also 

23 served on the panel established under sub24 section (a)(1). 


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1 (2) QUALIFICATIONS.—The members of each 

2 panel shall be selected from among private United 

3 States citizens who collectively possess expertise in 

4 military law, civilian law, the investigation, prosecu5 tion, and adjudication of sexual assaults in State 

6 and Federal criminal courts, victim advocacy, treat7 ment for victims, military justice, the organization 

8 and missions of the Armed Forces, and offenses re9 lating to rape, sexual assault, and other adult sexual 

10 assault crimes. 

11 (3) CHAIR.—The chair of each panel shall be 

12 appointed by the Secretary of Defense from among 

13 the members of the panel. 

14 (4) PERIOD OF APPOINTMENT; VACANCIES.—

15 Members shall be appointed for the life of the panel. 

16 Any vacancy in a panel shall be filled in the same 

17 manner as the original appointment. 

18 (5) DEADLINE FOR APPOINTMENTS.—

19 (A) RESPONSE SYSTEMS PANEL.—All 

20 original appointments to the panel required by 

21 subsection (a)(1) shall be made not later than 

22 120 days after the date of the enactment of this 

23 Act. 

24 (B) JUDICIAL PROCEEDINGS PANEL.—All 

25 original appointments to the panel required by 


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1 subsection (a)(2) shall be made before the ter2 mination date of the panel established under 

3 subsection (a)(1), but no later than 30 days be4 fore the termination date. 

5 (6) MEETINGS.—A panel shall meet at the call 

6 of the chair. 

7 (7) FIRST MEETING.—The chair shall call the 

8 first meeting of a panel not later than 60 days after 

9 the date of the appointment of all the members of 

10 the panel. 

11 (c) REPORTS AND DURATION.—

12 (1) RESPONSE SYSTEMS PANEL.—The panel es13 tablished under subsection (a)(1) shall terminate 

14 upon the earlier of the following: 

15 (A) Thirty days after the panel has sub16 mitted a report of its findings and recommenda17 tions, through the Secretary of Defense, to the 

18 Committees on Armed Services of the Senate 

19 and the House of Representatives. 

20 (B) Eighteen months after the first meet21 ing of the panel, by which date the panel is ex22 pected to have made its report. 

23 (2) JUDICIAL PROCEEDINGS PANEL.—

24 (A) FIRST REPORT.—The panel estab25 lished under subsection (a)(2) shall submit a 


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1 first report, including any proposals for legisla2 tive or administrative changes the panel con3 siders appropriate, to the Secretary of Defense 

4 and the Committees on Armed Services of the 

5 Senate and the House of Representatives not 

6 later than 180 days after the first meeting of 

7 the panel. 

8 (B) SUBSEQUENT REPORTS.—The panel 

9 established under subsection (a)(2) shall submit 

10 subsequent reports during fiscal years 2014 

11 through 2017. 

12 (C) TERMINATION.—The panel established 

13 under subsection (a)(2) shall terminate on Sep14 tember 30, 2017. 

15 (d) DUTIES OF PANELS.—

16 (1) RESPONSE SYSTEMS PANEL.—In conducting 

17 a systemic review and assessment, the panel re18 quired by subsection (a)(1) shall provide rec19 ommendations on how to improve the effectiveness 

20 of the investigation, prosecution, and adjudication of 

21 crimes involving adult sexual assault and related of22 fenses under section 920 of title 10, United States 

23 Code (article 120 of the Uniform Code of Military 

24 Justice). The review shall include the following: 


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1 (A) Using criteria the panel considers ap2 propriate, an assessment of the strengths and 

3 weaknesses of the systems, including the admin4 istration of the Uniform Code of the Military 

5 Justice, and the investigation, prosecution, and 

6 adjudication, of adult sexual assault crimes dur7 ing the period 2007 through 2011. 

8 (B) A comparison of military and civilian 

9 systems for the investigation, prosecution, and 

10 adjudication of adult sexual assault crimes. 

11 This comparison shall include an assessment of 

12 differences in providing support and protection 

13 to victims and the identification of civilian best 

14 practices that may be incorporated into any 

15 phase of the military system. 

16 (C) An assessment of advisory sentencing 

17 guidelines used in civilian courts in adult sexual 

18 assault cases and whether it would be advisable 

19 to promulgate sentencing guidelines for use in 

20 courts-martial. 

21 (D) An assessment of the training level of 

22 military defense and trial counsel, including 

23 their experience in defending or prosecuting 

24 adult sexual assault crimes and related offenses, 

25 as compared to prosecution and defense counsel 


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1 for similar cases in the Federal and State court 

2 systems. 

3 (E) An assessment and comparison of mili4 tary court-martial conviction rates with those in 

5 the Federal and State courts and the reasons 

6 for any differences. 

7 (F) An assessment of the roles and effec8 tiveness of commanders at all levels in pre9 venting sexual assaults and responding to re10 ports of sexual assault. 

11 (G) An assessment of the strengths and 

12 weakness of proposed legislative initiatives to 

13 modify the current role of commanders in the 

14 administration of military justice and the inves15 tigation, prosecution, and adjudication of adult 

16 sexual assault crimes. 

17 (H) An assessment of the adequacy of the 

18 systems and procedures to support and protect 

19 victims in all phases of the investigation, pros20 ecution, and adjudication of adult sexual as21 sault crimes, including whether victims are pro22 vided the rights afforded by section 3771 of 

23 title 18, United States Code, Department of 

24 Defense Directive 1030.1, and Department of 

25 Defense Instruction 1030.2. 


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1 (I) Such other matters and materials the 

2 panel considers appropriate. 

3 (2) JUDICIAL PROCEEDINGS PANEL.—The 

4 panel required by subsection (a)(2) shall perform the 

5 following duties: 

6 (A) Assess and make recommendations for 

7 improvements in the implementation of the re8 forms to the offenses relating to rape, sexual 

9 assault, and other sexual misconduct under the 

10 Uniform Code of Military Justice that were en11 acted by section 541 of the National Defense 

12 Authorization Act for Fiscal Year 2012 (Public 

13 Law 112–81; 125 Stat. 1404). 

14 (B) Review and evaluate current trends in 

15 response to sexual assault crimes whether by 

16 courts-martial proceedings, non-judicial punish17 ment and administrative actions, including the 

18 number of punishments by type, and the con19 sistency and appropriateness of the decisions, 

20 punishments, and administrative actions based 

21 on the facts of individual cases. 

22 (C) Identify any trends in punishments 

23 rendered by military courts, including general, 

24 special, and summary courts-martial, in re25 sponse to sexual assault, including the number 


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1 of punishments by type, and the consistency of 

2 the punishments, based on the facts of each 

3 case compared with the punishments rendered 

4 by Federal and State criminal courts. 

5 (D) Review and evaluate court-martial con6 victions for sexual assault in the year covered 

7 by the most-recent report required by sub8 section (c)(2) and the number and description 

9 of instances when punishments were reduced or 

10 set aside upon appeal and the instances in 

11 which the defendant appealed following a plea 

12 agreement, if such information is available. 

13 (E) Review and assess those instances in 

14 which prior sexual conduct of the alleged victim 

15 was considered in a proceeding under section 

16 832 of title 10, United States Code (article 32 

17 of the Uniform Code of Military Justice), and 

18 any instances in which prior sexual conduct was 

19 determined to be inadmissible. 

20 (F) Review and assess those instances in 

21 which evidence of prior sexual conduct of the al22 leged victim was introduced by the defense in a 

23 court-martial and what impact that evidence 

24 had on the case. 


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1 (G) Building on the data compiled as a re2 sult of paragraph (1)(D), assess the trends in 

3 the training and experience levels of military 

4 defense and trial counsel in adult sexual assault 

5 cases and the impact of those trends in the 

6 prosecution and adjudication of such cases. 

7 (H) Monitor trends in the development, 

8 utilization and effectiveness of the special vic9 tims capabilities required by section 573 of this 

10 Act. 

11 (I) Monitor the implementation of the 

12 April 20, 2012, Secretary of Defense policy 

13 memorandum regarding withholding initial dis14 position authority under the Uniform Code of 

15 Military Justice in certain sexual assault cases. 

16 (J) Consider such other matters and mate17 rials as the panel considers appropriate for pur18 poses of the reports. 

19 (3) UTILIZATION OF OTHER STUDIES.—In con20 ducting reviews and assessments and preparing re21 ports, a panel may review, and incorporate as appro22 priate, the data and findings of applicable ongoing 

23 and completed studies. 

24 (e) AUTHORITY OF PANELS.—


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1 (1) HEARINGS.—A panel may hold such hear2 ings, sit and act at such times and places, take such 

3 testimony, and receive such evidence as the panel 

4 considers appropriate to carry out its duties under 

5 this section. 

6 (2) INFORMATION FROM FEDERAL AGENCIES.—

7 Upon request by the chair of a panel, a department 

8 or agency of the Federal Government shall provide 

9 information that the panel considers necessary to 

10 carry out its duties under this section. 

11 (f) PERSONNEL MATTERS.—

12 (1) PAY OF MEMBERS.—Members of a panel 

13 shall serve without pay by reason of their work on 

14 the panel. 

15 (2) TRAVEL EXPENSES.—The members of a 

16 panel shall be allowed travel expenses, including per 

17 diem in lieu of subsistence, at rates authorized for 

18 employees of agencies under subchapter I of chapter 

19 57 of title 5, United States Code, while away from 

20 their homes or regular places of business in the per21 formance or services for the panel. 

22 (3) STAFFING AND RESOURCES.—The Sec23 retary of Defense shall provide staffing and re24 sources to support the panels, except that the Sec25 retary may not assign primary responsibility for 


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1 such staffing and resources to the Sexual Assault 

2 Prevention and Response Office. 

3 SEC. 577. RETENTION OF CERTAIN FORMS IN CONNECTION 

4 WITH RESTRICTED REPORTS ON SEXUAL AS5 SAULT AT REQUEST OF THE MEMBER OF THE 

6 ARMED FORCES MAKING THE REPORT. 

7 (a) PERIOD OF RETENTION.—At the request of a 

8 member of the Armed Forces who files a Restricted Re9 port on an incident of sexual assault involving the mem10 ber, the Secretary of Defense shall ensure that all copies 

11 of Department of Defense Form 2910 and Department 

12 of Defense Form 2911 filed in connection with the Re13 stricted Report be retained for the longer of—

14 (1) 50 years commencing on the date of signa15 ture of the member on Department of Defense Form 

16 2910; or 

17 (2) the time provided for the retention of such 

18 forms in connection with Unrestricted Reports on in19 cidents of sexual assault involving members of the 

20 Armed Forces under Department of Defense Direc21 tive-Type Memorandum (DTM) 11–062, entitled 

22 ‘‘Document Retention in Cases of Restricted and 

23 Unrestricted Reports of Sexual Assault’’, or any suc24 cessor directive or policy. 


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1 (b) PROTECTION OF CONFIDENTIALITY.—Any De2 partment of Defense form retained under subsection (a) 

3 shall be retained in a manner that protects the confiden4 tiality of the member of the Armed Forces concerned in 

5 accordance with procedures for the protection of confiden6 tiality of information in Restricted Reports under Depart7 ment of Defense memorandum JTF–SAPR–009, relating 

8 to the Department of Defense policy on confidentiality for 

9 victims of sexual assault, or any successor policy or direc10 tive. 

11 SEC. 578. GENERAL OR FLAG OFFICER REVIEW OF AND 

12 CONCURRENCE IN SEPARATION OF MEM13 BERS OF THE ARMED FORCES MAKING AN 

14 UNRESTRICTED REPORT OF SEXUAL AS15 SAULT. 

16 (a) REVIEW REQUIRED.—The Secretary of Defense 

17 shall develop a policy to require a general officer or flag 

18 officer of the Armed Forces to review the circumstances 

19 of, and grounds for, the proposed involuntary separation 

20 of any member of the Armed Forces who—

21 (1) made an Unrestricted Report of a sexual as22 sault; 

23 (2) within one year after making the Unre24 stricted Report of a sexual assault, is recommended 


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1 for involuntary separation from the Armed Forces; 

2 and 

3 (3) requests the review on the grounds that the 

4 member believes the recommendation for involuntary 

5 separation from the Armed Forces was initiated in 

6 retaliation for making the report. 

7 (b) CONCURRENCE REQUIRED.—If a review is re8 quested by a member of the Armed Forces as authorized 

9 by subsection (a), the concurrence of the general officer 

10 or flag officer conducting the review of the proposed invol11 untary separation of the member is required in order to 

12 separate the member. 

13 (c) SUBMISSION OF POLICY.—Not later than 180 

14 days after the date of the enactment of this Act, the Sec15 retary of Defense shall submit to the Committees on 

16 Armed Services of the Senate and the House of Represent17 atives a report containing the policy developed under sub18 section (a). 

19 (d) APPLICATION OF POLICY.—The policy developed 

20 under subsection (a) shall take effect on the date of the 

21 submission of the policy to Congress under subsection (c) 

22 and apply to members of the Armed Forces described in 

23 subsection (a) who are proposed to be involuntarily sepa24 rated from the Armed Forces on or after that date. 


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1 SEC. 579. DEPARTMENT OF DEFENSE POLICY AND PLAN 

2 FOR PREVENTION AND RESPONSE TO SEX3 UAL HARASSMENT IN THE ARMED FORCES. 

4 (a) COMPREHENSIVE PREVENTION AND RESPONSE

5 POLICY.—

6 (1) POLICY REQUIRED.—The Secretary of De7 fense shall develop a comprehensive policy to prevent 

8 and respond to sexual harassment in the Armed 

9 Forces. The policy shall provide for the following: 

10 (A) Training for members of the Armed 

11 Forces on the prevention of sexual harassment. 

12 (B) Mechanisms for reporting incidents of 

13 sexual harassment in the Armed Forces, includ14 ing procedures for reporting anonymously. 

15 (C) Mechanisms for responding to and re16 solving incidents of alleged sexual harassment 

17 incidences involving members of the Armed 

18 Forces, including through the prosecution of of19 fenders. 

20 (2) REPORT.—Not later than one year after the 

21 date of the enactment of this Act, the Secretary of 

22 Defense shall submit to the Committees on Armed 

23 Services of the Senate and the House of Representa24 tives a report setting forth the policy required by 

25 paragraph (1). 


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1 (3) CONSULTATION.—The Secretary of Defense 

2 shall prepare the policy and report required by this 

3 subsection in consultation with the Secretaries of the 

4 military departments and the Equal Opportunity Of5 fice of the Department of Defense. 

6 (b) DATA COLLECTION AND REPORTING REGARDING

7 SUBSTANTIATED INCIDENTS OF SEXUAL HARASSMENT.—

8 (1) PLAN REQUIRED.—The Secretary of De9 fense shall develop a plan to collect information and 

10 data regarding substantiated incidents of sexual har11 assment involving members of the Armed Forces. 

12 The plan shall specifically deal with the need to 

13 identify cases in which a member is accused of mul14 tiple incidents of sexual harassment. 

15 (2) SUBMISSION OF PLAN.—Not later than 

16 June 1, 2013, the Secretary of Defense shall submit 

17 to the Committees on Armed Services of the Senate 

18 and the House of Representatives the plan developed 

19 under paragraph (1). 

20 (3) REPORTING REQUIREMENT.—As part of the 

21 reports required to be submitted in 2014 under sec22 tion 1631 of the Ike Skelton National Defense Au23 thorization Act for Fiscal Year 2011 (Public Law 

24 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note), the 

25 Secretary of Defense shall include information and 


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1 data collected under the plan during the preceding 

2 year regarding substantiated incidents of sexual har3 assment involving members of the Armed Forces. 

4 Subtitle I—Suicide Prevention and 

5 Resilience 

6 SEC. 580. ENHANCEMENT OF OVERSIGHT AND MANAGE7 MENT OF DEPARTMENT OF DEFENSE SUI8 CIDE PREVENTION AND RESILIENCE PRO9 GRAMS. 

10 (a) IN GENERAL.—The Secretary of Defense shall, 

11 acting through the Under Secretary of Defense for Per12 sonnel and Readiness, establish within the Office of the 

13 Secretary of Defense a position with responsibility for 

14 oversight of all suicide prevention and resilience programs 

15 of the Department of Defense (including those of the mili16 tary departments and the Armed Forces). 

17 (b) SCOPE OF RESPONSIBILITIES.—The individual 

18 serving in the position established under subsection (a) 

19 shall have the responsibilities as follows: 

20 (1) To establish a uniform definition of resil21 iency for use in the suicide prevention and resilience 

22 programs and preventative behavioral health pro23 grams of the Department of Defense (including 

24 those of the military departments and the Armed 

25 Forces). 


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1 (2) To oversee the implementation of the com2 prehensive policy on the prevention of suicide among 

3 members of the Armed Forces required by section 

4 582. 

5 SEC. 581. RESERVE COMPONENT SUICIDE PREVENTION 

6 AND RESILIENCE PROGRAM. 

7 (a) CODIFICATION, TRANSFER OF RESPONSIBILITY, 

8 AND EXTENSION.—

9 (1) IN GENERAL.—Chapter 1007 of title 10, 

10 United States Code, is amended by adding at the 

11 end the following new section: 

12 ‘‘§ 10219. Suicide prevention and resilience program 

13 ‘‘(a) PROGRAM REQUIREMENT.—The Secretary of 

14 Defense shall establish and carry out a program to provide 

15 members of the National Guard and Reserves and their 

16 families with training in suicide prevention, resilience, and 

17 community healing and response to suicide, including pro18 vision of such training at Yellow Ribbon Reintegration 

19 Program events and activities authorized under section 

20 582 of the National Defense Authorization Act for Fiscal 

21 Year 2008 (10 U.S.C. 10101 note). 

22 ‘‘(b) SUICIDE PREVENTION TRAINING.—Under the 

23 program, the Secretary shall provide members of the Na24 tional Guard and Reserves with training in suicide preven25 tion. Such training may include—


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1 ‘‘(1) describing the warning signs for suicide 

2 and teaching effective strategies for prevention and 

3 intervention; 

4 ‘‘(2) examining the influence of military culture 

5 on risk and protective factors for suicide; and 

6 ‘‘(3) engaging in interactive case scenarios and 

7 role plays to practice effective intervention strate8 gies. 

9 ‘‘(c) COMMUNITY RESPONSE TRAINING.—Under the 

10 program, the Secretary shall provide the families and com11 munities of members of the National Guard and Reserves 

12 with training in responses to suicide that promote indi13 vidual and community healing. Such training may in14 clude—

15 ‘‘(1) enhancing collaboration among community 

16 members and local service providers to create an in17 tegrated, coordinated community response to suicide; 

18 ‘‘(2) communicating best practices for pre19 venting suicide, including safe messaging, appro20 priate memorial services, and media guidelines; 

21 ‘‘(3) addressing the impact of suicide on the 

22 military and the larger community, and the in23 creased risk that can result; and 

24 ‘‘(4) managing resources to assist key commu25 nity and military service providers in helping the 


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1 families, friends, and fellow servicemembers of a sui2 cide victim through the processes of grieving and 

3 healing. 

4 ‘‘(d) COMMUNITY TRAINING ASSISTANCE.—The pro5 gram shall include the provision of assistance with such 

6 training to the local communities of those servicemembers 

7 and families, to be provided in coordination with local 

8 community programs. 

9 ‘‘(e) COLLABORATION.—In carrying out the program, 

10 the Secretary shall collect and analyze ‘lessons learned’ 

11 and suggestions from State National Guard and Reserve 

12 organizations with existing or developing suicide preven13 tion and community response programs. 

14 ‘‘(f) TERMINATION.—The program under this section 

15 shall terminate on October 1, 2017.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 1007 of such title 

18 is amended by adding at the end the following new 

19 item:

‘‘10219. Suicide prevention and resilience program.’’.

20 (b) REPEAL OF SUPERSEDED PROVISION.—Sub21 section (i) of section 582 of the National Defense Author22 ization Act for Fiscal Year 2008 (Public Law 110–181; 

23 10 U.S.C. 10101 note) is repealed. 


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1 SEC. 582. COMPREHENSIVE POLICY ON PREVENTION OF 

2 SUICIDE AMONG MEMBERS OF THE ARMED 

3 FORCES. 

4 (a) COMPREHENSIVE POLICY REQUIRED.—Not later 

5 than 180 days after the date of the enactment of this Act, 

6 the Secretary of Defense shall, acting through the Under 

7 Secretary of Defense for Personnel and Readiness, develop 

8 within the Department of Defense a comprehensive policy 

9 on the prevention of suicide among members of the Armed 

10 Forces. In developing the policy, the Secretary shall con11 sider recommendations from the operational elements of 

12 the Armed Forces regarding the feasibility of the imple13 mentation and execution of particular elements of the pol14 icy. 

15 (b) ELEMENTS.—The policy required by subsection 

16 (a) shall cover each of the following: 

17 (1) Increased awareness among members of the 

18 Armed Forces about mental health conditions and 

19 the stigma associated with mental health conditions 

20 and mental health care. 

21 (2) The means of identifying members who are 

22 at risk for suicide (including enhanced means for 

23 early identification and treatment of such members). 

24 (3) The continuous access by members to sui25 cide prevention services, including suicide crisis serv26 ices. 


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1 (4) The means to evaluate and assess the effec2 tiveness of the suicide prevention and resilience pro3 grams and preventative behavioral health programs 

4 of the Department of Defense (including those of 

5 the military departments and the Armed Forces), in6 cluding the development of metrics for that purpose. 

7 (5) The means to evaluate and assess the cur8 rent diagnostic tools and treatment methods in the 

9 programs referred to in paragraph (4) to ensure 

10 clinical best practices are used in such programs. 

11 (6) The standard of care for suicide prevention 

12 to be used throughout the Department. 

13 (7) The training of mental health care providers 

14 on suicide prevention. 

15 (8) The training standards for behavioral health 

16 care providers to ensure that such providers receive 

17 training on clinical best practices and evidence-based 

18 treatments as information on such practices and 

19 treatments becomes available. 

20 (9) The integration of mental health screenings 

21 and suicide risk and prevention for members into the 

22 delivery of primary care for such members. 

23 (10) The standards for responding to attempted 

24 or completed suicides among members, including 

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1 dressing incidents of attempted or completed suicide 

2 within their units. 

3 (11) The means to ensure the protection of the 

4 privacy of members seeking or receiving treatment 

5 relating to suicide. 

6 (12) Such other matters as the Secretary con7 siders appropriate in connection with the prevention 

8 of suicide among members. 

9 SEC. 583. STUDY OF RESILIENCE PROGRAMS FOR MEM10 BERS OF THE ARMY. 

11 (a) STUDY REQUIRED.—The Secretary of the Army 

12 shall conduct a study of resilience programs within the 

13 Army for the purpose of assessing the effectiveness of the 

14 current Comprehensive Soldier and Family Fitness 

15 (CSF2) Program of the Army, while verifying the current 

16 means of the Army to reduce trends in high risk or self17 destructive behavior and to prepare members of the Army 

18 to manage stressful or traumatic situations by training 

19 members in resilience strategies and techniques. 

20 (b) ELEMENTS.—In conducting the study, the Sec21 retary of the Army shall determine the effectiveness and 

22 quality of training under the Comprehensive Soldier and 

23 Family Fitness program in—


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1 (1) enhancing individual performance through 

2 resiliency techniques and use of positive and sports 

3 psychology; and 

4 (2) identifying and responding to early signs of 

5 high-risk behavior in members of the Army. 

6 (c) USE OF SCIENCE-BASED EVIDENCE AND TECH7 NIQUES.—In conducting the study, the Secretary of the 

8 Army shall utilize scientific evidence, including profes9 sionally accepted measurements and assessments, to 

10 evaluate those interventions that show positive results and 

11 those interventions that have no impact. 

12 (d) DURATION OF STUDY.—The study shall be con13 ducted through September 30, 2014. 

14 (e) REPORT ON STUDY RESULTS.—Not later than 

15 October 31, 2014, the Secretary of the Army shall submit 

16 to the Committees on Armed Forces of the Senate and 

17 the House of Representatives a report containing the re18 sults of the study. The report shall include the following: 

19 (1) A description of the trends in high risk or 

20 self-destructive behavior among members of the 

21 Army. 

22 (2) A description and measurements of the ef23 fectiveness of Comprehensive Soldier and Family 

24 Fitness Program training in enhancing individual 


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1 performance through resiliency techniques, utiliza2 tion of positive psychology. 

3 (3) Such recommendations or other information 

4 as the Secretary considers appropriate. 

5 Subtitle J—Other Matters 

6 SEC. 584. ISSUANCE OF PRISONER-OF-WAR MEDAL. 

7 Section 1128 of title 10, United States Code, is 

8 amended—

9 (1) in subsection (a)—

10 (A) by inserting ‘‘or’’ at the end of para11 graph (2); 

12 (B) by striking ‘‘; or’’ at the end of para13 graph (3) and inserting a period; and 

14 (C) by striking paragraph (4); 

15 (2) by redesignating subsections (b) through (h) 

16 as subsections (c) through (i), respectively; and 

17 (3) by inserting after subsection (a) the fol18 lowing new subsection (b): 

19 ‘‘(b) Under uniform regulations prescribed by the 

20 Secretary of Defense, the Secretary concerned may issue 

21 a prisoner-of-war medal to any person who, while serving 

22 in any capacity with the armed forces, was held captive 

23 under circumstances not covered by paragraph (1), (2), 

24 or (3) of subsection (a), but which the Secretary concerned 

25 finds were comparable to those circumstances under which 


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1 persons have generally been held captive by enemy armed 

2 forces during periods of armed conflict.’’. 

3 SEC. 585. TECHNICAL AMENDMENTS RELATING TO THE 

4 TERMINATION OF THE ARMED FORCES INSTI5 TUTE OF PATHOLOGY UNDER DEFENSE BASE 

6 CLOSURE AND REALIGNMENT. 

7 Section 177 of title 10, United States Code, is 

8 amended—

9 (1) in subsection (a)—

10 (A) in paragraph (2)—

11 (i) by striking ‘‘those professional so12 cieties’’ and all that follows through ‘‘the 

13 Armed Forces Institute of Pathology’’ and 

14 inserting ‘‘the professional societies and or15 ganizations that support the activities of 

16 the American Registry of Pathology’’; and 

17 (ii) by striking the second sentence; 

18 and 

19 (B) in paragraph (3), by striking ‘‘with the 

20 concurrence of the Director of the Armed 

21 Forces Institute of Pathology’’; 

22 (2) in subsection (b)—

23 (A) by striking paragraph (1); and 


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1 (B) by redesignating paragraphs (2), (3), 

2 (4), and (5) as paragraphs (1), (2), (3), and 

3 (4), respectively; and 

4 (3) in subsection (d), by striking ‘‘to the Direc5 tor’’ and all that follows through ‘‘it deems desir6 able,’’ and inserting ‘‘annually to its Board and sup7 porting organizations referred to in subsection 

8 (a)(2)’’. 

9 SEC. 586. MODIFICATION OF REQUIREMENT FOR REPORTS 

10 IN FEDERAL REGISTER ON INSTITUTIONS OF 

11 HIGHER EDUCATION INELIGIBLE FOR CON12 TRACTS AND GRANTS FOR DENIAL OF ROTC 

13 OR MILITARY RECRUITER ACCESS TO CAM14 PUS. 

15 Section 983 of title 10, United States Code, is 

16 amended by striking subsection (f). 

17 SEC. 587. ACCEPTANCE OF GIFTS AND SERVICES RELATED 

18 TO EDUCATIONAL ACTIVITIES AND VOL19 UNTARY SERVICES TO ACCOUNT FOR MISS20 ING PERSONS. 

21 (a) ACTIVITIES BENEFITTING EDUCATION AS SERV22 ICES ELIGIBLE FOR ACCEPTANCE.—Section 2601(i)(2) of 

23 title 10, United States Code, is amended by inserting 

24 ‘‘education,’’ before ‘‘morale,’’. 


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1 (b) ACCEPTANCE OF VOLUNTARY SERVICES RE2 LATED TO ACCOUNTING FOR MISSING PERSONS.—Section 

3 1588(a) of such title is amended by adding at the end 

4 the following new paragraph: 

5 ‘‘(9) Voluntary services to facilitate accounting 

6 for missing persons.’’. 

7 SEC. 588. DISPLAY OF STATE, DISTRICT OF COLUMBIA, 

8 COMMONWEALTH, AND TERRITORIAL FLAGS 

9 BY THE ARMED FORCES. 

10 (a) DISPLAY.—Subsection (a) of section 2249b of 

11 title 10, United States Code, is amended to read as fol12 lows: 

13 ‘‘(a) DISPLAY OF FLAGS BY ARMED FORCES.—The 

14 Secretary of Defense shall ensure that, whenever the offi15 cial flags of all 50 States are displayed by the armed 

16 forces, such display shall include the flags of the District 

17 of Columbia, the Commonwealth of Puerto Rico, the 

18 United States Virgin Islands, Guam, American Samoa, 

19 and the Commonwealth of the Northern Mariana Is20 lands.’’. 

21 (b) CLERICAL AMENDMENTS.—

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

23 section is amended to read as follows: 


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1 ‘‘§ 2249b. Display of State, District of Columbia, com2 monwealth, and territorial flags by the 

3 armed forces’’. 

4 (2) TABLE OF SECTIONS.—The table of sections 

5 at the beginning of chapter 134 of such title is 

6 amended by striking the item relating to section 

7 2249b and inserting the following new item:

‘‘2249b. Display of State, District of Columbia, commonwealth, and territorial 

flags by the armed forces.’’.

8 SEC. 589. ENHANCEMENT OF AUTHORITIES ON ADMISSION 

9 OF DEFENSE INDUSTRY CIVILIANS TO CER10 TAIN DEPARTMENT OF DEFENSE EDU11 CATIONAL INSTITUTIONS AND PROGRAMS. 

12 (a) NAVY DEFENSE PRODUCT DEVELOPMENT PRO13 GRAM.—Section 7049(a) of title 10, United States Code, 

14 is amended—

15 (1) in the second sentence, by inserting ‘‘or pro16 fessional continuing education certificate’’ after 

17 ‘‘master’s degree’’; and 

18 (2) in the last sentence, by inserting before the 

19 period at the end the following: ‘‘or an appropriate 

20 professional continuing education certificate, as ap21 plicable’’. 

22 (b) UNITED STATES AIR FORCE INSTITUTE OF

23 TECHNOLOGY.—Section 9314a(a) of such title is amend24 ed—


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1 (1) in paragraph (1), by inserting ‘‘or profes2 sional continuing education certificate’’ after ‘‘grad3 uate degree’’; and 

4 (2) in paragraph (3), by inserting before the pe5 riod at the end the following: ‘‘or an appropriate 

6 professional continuing education certificate, as ap7 plicable’’. 

8 (c) REQUEST FOR INCREASE IN NUMBER OF DE9 FENSE INDUSTRY CIVILIANS AUTHORIZED FOR ADMIS10 SION.—If the Secretary of Defense determines that it is 

11 in the best interest of the Department of Defense to in12 crease the maximum number of defense industry employ13 ees authorized to be enrolled in the Naval Defense Devel14 opment Program or the Air Force Institute of Technology 

15 at any one time, as specified in sections 7049(a) and 

16 9314a(a) of title 10, United States Code, the Secretary 

17 shall submit to the Committees on Armed Services of the 

18 Senate and the House of Representatives a request for 

19 such an increase, including draft legislation to effectuate 

20 the increase. 


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1 SEC. 590. EXTENSION OF AUTHORITIES TO CARRY OUT A 

2 PROGRAM OF REFERRAL AND COUNSELING 

3 SERVICES TO VETERANS AT RISK OF HOME4 LESSNESS WHO ARE TRANSITIONING FROM 

5 CERTAIN INSTITUTIONS. 

6 Section 2023(d) of title 38, United States Code, is 

7 amended by striking ‘‘September 30, 2012’’ and inserting 

8 ‘‘September 30, 2013’’. 

9 SEC. 591. INSPECTION OF MILITARY CEMETERIES UNDER 

10 THE JURISDICTION OF DEPARTMENT OF DE11 FENSE. 

12 (a) DOD INSPECTOR GENERAL INSPECTION OF AR13 LINGTON NATIONAL CEMETERY AND UNITED STATES

14 SOLDIERS’ AND AIRMEN’S HOME NATIONAL CEME15 TERY.—Section 1(d) of Public Law 111–339 (124 Stat. 

16 3592) is amended—

17 (1) in paragraph (1), by striking ‘‘The Sec18 retary’’ in the first sentence and inserting ‘‘Subject 

19 to paragraph (2), the Secretary’’; and 

20 (2) in paragraph (2), by adding at the end the 

21 following new sentence: ‘‘However, in the case of the 

22 report required to be submitted during 2013, the as23 sessment described in paragraph (1) shall be con24 ducted, and the report shall be prepared and sub25 mitted, by the Inspector General of the Department 

26 of Defense instead of the Secretary of the Army.’’. 


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1 (b) TIME FOR SUBMISSION OF REPORT AND PLAN

2 OF ACTION REGARDING INSPECTION OF CEMETERIES AT

3 MILITARY INSTALLATIONS.—Section 592(d)(2) of the Na4 tional Defense Authorization Act for Fiscal Year 2012 

5 (Public Law 112–81; 125 Stat. 1443) is amended—

6 (1) by striking ‘‘December 31, 2012’’ and in7 serting ‘‘June 29, 2013’’; and 

8 (2) by striking ‘‘April 1, 2013’’ and inserting 

9 ‘‘October 1, 2013’’. 

10 SEC. 592. REPORT ON RESULTS OF INVESTIGATIONS AND 

11 REVIEWS CONDUCTED WITH RESPECT TO 

12 PORT MORTUARY DIVISION OF THE AIR 

13 FORCE MORTUARY AFFAIRS OPERATIONS 

14 CENTER AT DOVER AIR FORCE BASE. 

15 (a) REPORT REQUIRED.—Not later than 180 days 

16 after the date of the enactment of this Act, the Secretary 

17 of Defense shall submit to the Committees on Armed Serv18 ices of the Senate and the House of Representatives a re19 port of the investigations and reviews that were conducted 

20 with respect to the improper handling and preparation of 

21 the remains of deceased members of the Armed Forces 

22 and civilians at the Port Mortuary Division of the Air 

23 Force Mortuary Affairs Operations Center at Dover Air 

24 Force Base. The investigations and reviews considered 

25 shall include—


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1 (1) the 436th Air Wing Inspector General re2 view; 

3 (2) the Air Force Office of Special Investiga4 tions report; 

5 (3) the Air Force Office of Inspector General 

6 investigation; 

7 (4) the Office of Special Counsel review; 

8 (5) the Defense Health Board’s Dover Port 

9 Mortuary Independent Review Subcommittee report; 

10 and 

11 (6) any other reviews or investigations of oper12 ations at Dover Port Mortuary that have been con13 ducted since January 1, 2011. 

14 (b) ELEMENTS OF REPORT.—The report shall—

15 (1) summarize and evaluate the recommenda16 tions made, and the actions undertaken, as a result 

17 of the investigations and reviews, and the current 

18 status of implementation of such recommendations 

19 and actions; and 

20 (2) provide any additional recommendations for 

21 improvement of operations at Dover Port Mortuary, 

22 including any best practices for casualty notification, 

23 family support, and mortuary affairs operations. 


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1 SEC. 593. PRESERVATION OF EDITORIAL INDEPENDENCE 

2 OF STARS AND STRIPES. 

3 (a) MAINTENANCE OF GEOGRAPHIC SEPARATION.—

4 To preserve the actual and perceived editorial and man5 agement independence of the Stars and Stripes news6 paper, the Secretary of Defense shall extend the lease for 

7 the commercial office space in the District of Columbia 

8 currently occupied by the editorial and management oper9 ations of the Stars and Stripes newspaper until such time 

10 as the Secretary provides space and information tech11 nology and other support for such operations in a Govern12 ment-owned facility in the National Capital Region geo13 graphically remote from facilities of the Defense Media 

14 Activity at Fort Meade, Maryland. 

15 (b) IMPLEMENTATION REPORT.—Not later than Feb16 ruary 1, 2013, the Secretary of Defense shall submit to 

17 the Committees on Armed Services of the Senate and the 

18 House of Representatives a report describing the imple19 mentation of subsection (a). 

20 SEC. 594. NATIONAL PUBLIC AWARENESS AND PARTICIPA21 TION CAMPAIGN FOR VETERANS’ HISTORY 

22 PROJECT OF AMERICAN FOLKLIFE CENTER. 

23 (a) IN GENERAL.—The Director of the American 

24 Folklife Center at the Library of Congress shall carry out 

25 a national public awareness and participation campaign 

26 for the program required by section 3(a) of the Veterans’ 


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1 Oral History Project Act (20 U.S.C. 2142(a)). Such cam2 paign shall provide for the following: 

3 (1) Encouraging the people of the United 

4 States, veterans organizations, community groups, 

5 and national organizations to participate in such 

6 program. 

7 (2) Ensuring greater awareness and participa8 tion throughout the United States in such program. 

9 (3) Providing meaningful opportunities for 

10 learning about the experiences of veterans. 

11 (4) Complementing the efforts supporting the 

12 readjustment and successful reintegration of vet13 erans into civilian life after service in the Armed 

14 Forces. 

15 (b) COORDINATION AND COOPERATION.—To the de16 gree practicable, the Director shall, in carrying out the 

17 campaign required by subsection (a), coordinate and co18 operate with veterans service organizations. 

19 (c) VETERANS SERVICE ORGANIZATION DEFINED.—

20 In this section, the term ‘‘veterans service organization’’ 

21 means any organization recognized by the Secretary of 

22 Veterans Affairs for the representation of veterans under 

23 section 5902 of title 38, United States Code. 


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1 SEC. 595. REPORT ON ACCURACY OF DATA IN THE DE2 FENSE ENROLLMENT ELIGIBILITY REPORT3 ING SYSTEM. 

4 Not later than 90 days after the date of the enact5 ment of this Act, the Secretary of Defense shall submit 

6 to the Committees on Armed Services of the Senate and 

7 the House of Representatives a plan to improve the com8 pleteness and accuracy of the data contained in the De9 fense Enrollment Eligibility Reporting System (DEERS) 

10 in order—

11 (1) to provide for the standardization of identi12 fication credentials required for eligibility, enroll13 ment, transactions, and updates across all Depart14 ment of Defense installations; and 

15 (2) to ensure that persons issued military iden16 tification cards and receiving benefits based on 

17 DEERS data are actually eligible for such cards and 

18 benefits. 

19 SEC. 596. SENSE OF CONGRESS THAT THE BUGLE CALL 

20 COMMONLY KNOWN AS TAPS SHOULD BE 

21 DESIGNATED AS THE NATIONAL SONG OF 

22 MILITARY REMEMBRANCE. 

23 It is the sense of Congress that the bugle call com24 monly known as ‘‘Taps’’ should be designated as the Na25 tional Song of Military Remembrance. 


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1 TITLE VI—COMPENSATION AND 

2 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 PostDeployment/Mobilization Respite Absence program due to Government error. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

reserve forces. 

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

health care professionals. 

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

officers. 

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

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

37 bonuses and special pays. 

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

in the Selected Reserve. 

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

ease personnel shortages. 

Subtitle C—Travel and Transportation Allowances 

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. 


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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.

1 Subtitle A—Pay and Allowances 

2 SEC. 601. FISCAL YEAR 2013 INCREASE IN MILITARY BASIC 

3 PAY. 

4 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

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1 quired by section 1009 of title 37, United States Code, 

2 in the rates of monthly basic pay authorized members of 

3 the uniformed services shall not be made. 

4 (b) INCREASE IN BASIC PAY.—Effective on January 

5 1, 2013, the rates of monthly basic pay for members of 

6 the uniformed services are increased by 1.7 percent. 

7 SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEM8 PORARY INCREASE IN RATES OF BASIC AL9 LOWANCE FOR HOUSING UNDER CERTAIN 

10 CIRCUMSTANCES. 

11 Section 403(b)(7)(E) of title 37, United States Code, 

12 is amended by striking ‘‘December 31, 2012’’ and insert13 ing ‘‘December 31, 2013’’. 

14 SEC. 603. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEM15 BER COUPLES WHEN ONE MEMBER IS ON SEA 

16 DUTY. 

17 (a) IN GENERAL.—Subparagraph (C) of section 

18 403(f)(2) of title 37, United States Code, is amended to 

19 read as follows: 

20 ‘‘(C) Notwithstanding section 421 of this title, a 

21 member of a uniformed service in a pay grade below pay 

22 grade E–6 who is assigned to sea duty and is married 

23 to another member of a uniformed service is entitled to 

24 a basic allowance for housing subject to the limitations 

25 of subsection (e).’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on January 1, 2013. 

3 SEC. 604. RATES OF BASIC ALLOWANCE FOR HOUSING FOR 

4 MEMBERS PERFORMING ACTIVE GUARD AND 

5 RESERVE DUTY. 

6 (a) TREATMENT OF ACTIVE GUARD AND RESERVE

7 DUTY.—Section 403(g) of title 37, United States Code, 

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

10 ‘‘(6)(A) This paragraph applies with respect to a 

11 member of a reserve component who performs active 

12 Guard and Reserve duty (as defined in section 101(d)(6) 

13 of title 10). 

14 ‘‘(B) The rate of basic allowance for housing to be 

15 paid to a member described in subparagraph (A) shall be 

16 based on the member’s permanent duty station, even dur17 ing instances in which the member is mobilized for service 

18 on active duty other than active Guard and Reserve duty. 

19 ‘‘(C)(i) During transitions in service status from ac20 tive Guard and Reserve duty to other active duty and back 

21 to active Guard and Reserve duty, or following the start 

22 of new periods of service resulting from a change in or23 ders, a member described in subparagraph (A) shall be 

24 considered as retaining uninterrupted eligibility to receive 

25 a basic allowance for housing in an area as provided for 


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1 under subsections (b)(6) and (c)(2) so long as the member 

2 remains on active duty without a break in service. 

3 ‘‘(ii) Clause (i) does not apply if the member’s perma4 nent duty station changes as a result of orders directing 

5 a permanent change in station with the authority for the 

6 movement of household goods. 

7 ‘‘(iii) For purposes of clause (i), a break in active 

8 service occurs when one or more calendar days between 

9 active service periods do not qualify as active service. 

10 ‘‘(D) Subsections (d)(3) and (o) also apply to a mem11 ber described in subparagraph (A).’’. 

12 (b) TRANSITIONAL PROVISIONS.—

13 (1) IN GENERAL.—The basic allowance for 

14 housing paid to a member of a reserve component 

15 described in subparagraph (A) of paragraph (6) of 

16 section 403(g) of title 37, United States Code, as 

17 added by subsection (a), who on the date of the en18 actment of the National Defense Authorization Act 

19 for Fiscal Year 2013 is being paid basic allowance 

20 for housing at a rate that is based on a housing area 

21 other than the member’s permanent duty station, 

22 shall be paid at that current rate until the member 

23 is assigned to perform duty at the member’s perma24 nent duty station, at which time the member shall 

25 be paid basic allowance for housing at the prevailing 


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1 permanent duty station housing area rate or at the 

2 permanent duty station housing rate for which the 

3 member has qualified under such paragraph (6). 

4 (2) ALTERNATIVE RATE.—The Secretary of a 

5 military department, with the approval of the Sec6 retary of Defense, may pay a member covered by 

7 paragraph (1) and under the jurisdiction of that 

8 Secretary a basic allowance for housing at a rate 

9 higher than the rate provided under such paragraph 

10 to ensure that the member is treated fairly and equi11 tably or to serve the best interests of the United 

12 States. 

13 SEC. 605. PAYMENT OF BENEFIT FOR NONPARTICIPATION 

14 OF ELIGIBLE MEMBERS IN POST-DEPLOY15 MENT/MOBILIZATION RESPITE ABSENCE 

16 PROGRAM DUE TO GOVERNMENT ERROR. 

17 (a) PAYMENT OF BENEFIT.—

18 (1) IN GENERAL.—Upon application, the Sec19 retary concerned shall make a payment to each indi20 vidual described in paragraph (2) of $200 for each 

21 day of nonparticipation of such individual in the 

22 Post-Deployment/Mobilization Respite Absence pro23 gram as described in that paragraph. 

24 (2) COVERED INDIVIDUALS.—An individual de25 scribed in this paragraph is an individual who—


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1 (A) was eligible for participation as a 

2 member of the Armed Forces in the Post-De3 ployment/Mobilization Respite Absence pro4 gram; but 

5 (B) as determined by the Secretary con6 cerned pursuant to an application for the cor7 rection of the military records of such indi8 vidual pursuant to section 1552 of title 10, 

9 United States Code, or other process as deter10 mined by the Secretary, did not participate in 

11 one or more days in the program for which the 

12 individual was so eligible due to Government 

13 error. 

14 (b) DECEASED INDIVIDUALS.—

15 (1) APPLICATIONS.—If an individual otherwise 

16 covered by subsection (a) is deceased, the application 

17 required by that subsection shall be made by the in18 dividual’s legal representative. 

19 (2) PAYMENT.—If an individual to whom pay20 ment would be made under subsection (a) is de21 ceased at time of payment, payment shall be made 

22 in the manner specified in section 1552(c)(2) of title 

23 10, United States Code, or other process as deter24 mined by the Secretary concerned. 


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1 (c) PAYMENT IN LIEU OF ADMINISTRATIVE AB2 SENCE.—Payment under subsection (a) with respect to a 

3 day described in that subsection shall be in lieu of any 

4 entitlement of the individual concerned to a day of admin5 istrative absence for such day. 

6 (d) CONSTRUCTION.—

7 (1) CONSTRUCTION WITH OTHER PAY.—Any 

8 payment with respect to an individual under sub9 section (a) is in addition to any other pay provided 

10 by law. 

11 (2) CONSTRUCTION OF AUTHORITY.—It is the 

12 sense of Congress that—

13 (A) the sole purpose of the authority in 

14 this section is to remedy administrative errors; 

15 and 

16 (B) the authority in this section is not in17 tended to establish any entitlement in connec18 tion with the Post-Deployment/Mobilization 

19 Respite Absence program. 

20 (e) DEFINITIONS.—In this section, the terms ‘‘Post21 Deployment/Mobilization Respite Absence program’’ and 

22 ‘‘Secretary concerned’’ have the meaning given such terms 

23 in section 604(f) of the National Defense Authorization 

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

25 2350). 


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1 Subtitle B—Bonuses and Special 

2 and Incentive Pays 

3 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

4 SPECIAL PAY AUTHORITIES FOR RESERVE 

5 FORCES. 

6 The following sections of title 37, United States 

7 Code, are amended by striking ‘‘December 31, 2012’’ and 

8 inserting ‘‘December 31, 2013’’: 

9 (1) Section 308b(g), relating to Selected Re10 serve reenlistment bonus. 

11 (2) Section 308c(i), relating to Selected Reserve 

12 affiliation or enlistment bonus. 

13 (3) Section 308d(c), relating to special pay for 

14 enlisted members assigned to certain high-priority 

15 units. 

16 (4) Section 308g(f)(2), relating to Ready Re17 serve enlistment bonus for persons without prior 

18 service. 

19 (5) Section 308h(e), relating to Ready Reserve 

20 enlistment and reenlistment bonus for persons with 

21 prior service. 

22 (6) Section 308i(f), relating to Selected Reserve 

23 enlistment and reenlistment bonus for persons with 

24 prior service. 


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1 (7) Section 408a(e), relating to reimbursement 

2 of travel expenses for inactive-duty training outside 

3 of normal commuting distance. 

4 (8) Section 910(g), relating to income replace5 ment payments for reserve component members ex6 periencing extended and frequent mobilization for 

7 active duty service. 

8 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

9 SPECIAL PAY AUTHORITIES FOR HEALTH 

10 CARE PROFESSIONALS. 

11 (a) TITLE 10 AUTHORITIES.—The following sections 

12 of title 10, United States Code, are amended by striking 

13 ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

14 2013’’: 

15 (1) Section 2130a(a)(1), relating to nurse offi16 cer candidate accession program. 

17 (2) Section 16302(d), relating to repayment of 

18 education loans for certain health professionals who 

19 serve in the Selected Reserve. 

20 (b) TITLE 37 AUTHORITIES.—The following sections 

21 of title 37, United States Code, are amended by striking 

22 ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

23 2013’’: 

24 (1) Section 302c–1(f), relating to accession and 

25 retention bonuses for psychologists. 


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1 (2) Section 302d(a)(1), relating to accession 

2 bonus for registered nurses. 

3 (3) Section 302e(a)(1), relating to incentive 

4 special pay for nurse anesthetists. 

5 (4) Section 302g(e), relating to special pay for 

6 Selected Reserve health professionals in critically 

7 short wartime specialties. 

8 (5) Section 302h(a)(1), relating to accession 

9 bonus for dental officers. 

10 (6) Section 302j(a), relating to accession bonus 

11 for pharmacy officers. 

12 (7) Section 302k(f), relating to accession bonus 

13 for medical officers in critically short wartime spe14 cialties. 

15 (8) Section 302l(g), relating to accession bonus 

16 for dental specialist officers in critically short war17 time specialties. 

18 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

19 BONUS AUTHORITIES FOR NUCLEAR OFFI20 CERS. 

21 The following sections of title 37, United States 

22 Code, are amended by striking ‘‘December 31, 2012’’ and 

23 inserting ‘‘December 31, 2013’’: 


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1 (1) Section 312(f), relating to special pay for 

2 nuclear-qualified officers extending period of active 

3 service. 

4 (2) Section 312b(c), relating to nuclear career 

5 accession bonus. 

6 (3) Section 312c(d), relating to nuclear career 

7 annual incentive bonus. 

8 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT9 ING TO TITLE 37 CONSOLIDATED SPECIAL 

10 PAY, INCENTIVE PAY, AND BONUS AUTHORI11 TIES. 

12 The following sections of title 37, United States 

13 Code, are amended by striking ‘‘December 31, 2012’’ and 

14 inserting ‘‘December 31, 2013’’: 

15 (1) Section 331(h), relating to general bonus 

16 authority for enlisted members. 

17 (2) Section 332(g), relating to general bonus 

18 authority for officers. 

19 (3) Section 333(i), relating to special bonus and 

20 incentive pay authorities for nuclear officers. 

21 (4) Section 334(i), relating to special aviation 

22 incentive pay and bonus authorities for officers. 

23 (5) Section 335(k), relating to special bonus 

24 and incentive pay authorities for officers in health 

25 professions. 


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1 (6) Section 351(h), relating to hazardous duty 

2 pay. 

3 (7) Section 352(g), relating to assignment pay 

4 or special duty pay. 

5 (8) Section 353(i), relating to skill incentive 

6 pay or proficiency bonus. 

7 (9) Section 355(h), relating to retention incen8 tives for members qualified in critical military skills 

9 or assigned to high priority units. 

10 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT11 ING TO PAYMENT OF OTHER TITLE 37 BO12 NUSES AND SPECIAL PAYS. 

13 The following sections of title 37, United States 

14 Code, are amended by striking ‘‘December 31, 2012’’ and 

15 inserting ‘‘December 31, 2013’’: 

16 (1) Section 301b(a), relating to aviation officer 

17 retention bonus. 

18 (2) Section 307a(g), relating to assignment in19 centive pay. 

20 (3) Section 308(g), relating to reenlistment 

21 bonus for active members. 

22 (4) Section 309(e), relating to enlistment 

23 bonus. 

24 (5) Section 324(g), relating to accession bonus 

25 for new officers in critical skills. 


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1 (6) Section 326(g), relating to incentive bonus 

2 for conversion to military occupational specialty to 

3 ease personnel shortage. 

4 (7) Section 327(h), relating to incentive bonus 

5 for transfer between armed forces. 

6 (8) Section 330(f), relating to accession bonus 

7 for officer candidates. 

8 SEC. 616. INCREASE IN MAXIMUM AMOUNT OF OFFICER AF9 FILIATION BONUS FOR OFFICERS IN THE SE10 LECTED RESERVE. 

11 Section 308j(d) of title 37, United States Code, is 

12 amended by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. 

13 SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE 

14 BONUS FOR RESERVE COMPONENT MEM15 BERS WHO CONVERT MILITARY OCCUPA16 TIONAL SPECIALTY TO EASE PERSONNEL 

17 SHORTAGES. 

18 Section 326(c)(1) of title 37, United States Code, is 

19 amended by striking ‘‘$4,000, in the case of a member 

20 of a regular component of the armed forces, and $2,000, 

21 in the case of a member of a reserve component of the 

22 armed forces.’’ and inserting ‘‘$4,000.’’. 


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1 Subtitle C—Travel and 

2 Transportation Allowances 

3 SEC. 621. PERMANENT CHANGE OF STATION ALLOWANCES 

4 FOR MEMBERS OF SELECTED RESERVE 

5 UNITS FILLING A VACANCY IN ANOTHER 

6 UNIT AFTER BEING INVOLUNTARILY SEPA7 RATED. 

8 (a) TRAVEL AND TRANSPORTATION ALLOWANCES

9 GENERALLY.—Section 474 of title 37, United States 

10 Code, is amended—

11 (1) in subsection (a)—

12 (A) in paragraph (4), by striking ‘‘and’’ at 

13 the end; 

14 (B) in paragraph (5), by striking the pe15 riod at the end and inserting ‘‘; and’’; and 

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

17 paragraph: 

18 ‘‘(6) upon filling a vacancy in a Selected Re19 serve unit at a duty station that is more than 150 

20 miles from the member’s residence if—

21 ‘‘(A) during the preceding three years the 

22 member was involuntarily separated under 

23 other than adverse conditions (as characterized 

24 by the Secretary concerned) while assigned to a 

25 unit of the Selected Reserve certified by the 


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1 Secretary concerned as having been adversely 

2 affected by force structure reductions during 

3 the period beginning on October 1, 2012, and 

4 ending on December 31, 2018; 

5 ‘‘(B) the involuntary separation occurred 

6 during the period beginning on October 1, 

7 2012, and ending on December 31, 2018; and 

8 ‘‘(C) the member is—

9 ‘‘(i) qualified in a skill designated as 

10 critically short by the Secretary concerned; 

11 or 

12 ‘‘(ii) filling a vacancy in a Selected 

13 Reserve unit with a critical manpower 

14 shortage, or in a pay grade with a critical 

15 manpower shortage in such unit.’’; 

16 (2) in subsection (f), by adding at the end the 

17 following new paragraph: 

18 ‘‘(4)(A) A member may be provided travel and trans19 portation allowances under subsection (a)(6) only with re20 spect to the filling of a vacancy in a Selected Reserve unit 

21 one time. 

22 ‘‘(B) Regulations under this section shall provide that 

23 whenever travel and transportation allowances are paid 

24 under subsection (a)(6), the cost shall be borne by the unit 

25 filling the vacancy.’’; and 


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1 (3) in subsection (j), by inserting ‘‘(except sub2 section (a)(6))’’ after ‘‘In this section’’. 

3 (b) TRAVEL AND TRANSPORTATION ALLOWANCES

4 FOR DEPENDENTS AND HOUSEHOLD EFFECTS.—Section 

5 476 of such title is amended—

6 (1) by redesignating subsections (l), (m), and 

7 (n) as subsections (m), (n), and (o), respectively; 

8 and 

9 (2) by inserting after subsection (k) the fol10 lowing new subsection (l): 

11 ‘‘(l)(1) A member described in paragraph (2) is enti12 tled to the travel and transportation allowances, including 

13 allowances with respect to dependents, authorized by this 

14 section upon filling a vacancy as described in that para15 graph as if the member were undergoing a permanent 

16 change of station under orders in filling such vacancy. 

17 ‘‘(2) A member described in this paragraph is a mem18 ber who is filling a vacancy in a Selected Reserve unit at 

19 a duty station that is more than 150 miles from the mem20 ber’s residence if—

21 ‘‘(A) during the three years preceding filling the 

22 vacancy, the member was involuntarily separated 

23 under other than adverse conditions (as character24 ized by the Secretary concerned) while assigned to a 

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1 retary concerned as having been adversely affected 

2 by force structure reductions during the period be3 ginning on October 1, 2012, and ending on Decem4 ber 31, 2018; 

5 ‘‘(B) the involuntary separation occurred during 

6 the period beginning on October 1, 2012, and ending 

7 on December 31, 2018; and 

8 ‘‘(C) the member is—

9 ‘‘(i) qualified in a skill designated as criti10 cally short by the Secretary concerned; or 

11 ‘‘(ii) filling a vacancy in a Selected Reserve 

12 unit with a critical manpower shortage, or in a 

13 pay grade with a critical manpower shortage in 

14 such unit. 

15 ‘‘(3) Any allowances authorized by this section that 

16 are payable under this subsection may be payable in ad17 vance if payable in advance to a member undergoing a 

18 permanent change of station under orders under the appli19 cable provision of this section.’’. 

20 SEC. 622. AUTHORITY FOR COMPREHENSIVE PROGRAM 

21 FOR SPACE-AVAILABLE TRAVEL ON DEPART22 MENT OF DEFENSE AIRCRAFT. 

23 (a) PROGRAM AUTHORIZED.—Section 2641b of title 

24 10, United States Code, is amended to read as follows: 


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1 ‘‘§ 2641b. Space-available travel on Department of De2 fense aircraft: program authorized and 

3 eligible recipients 

4 ‘‘(a) AUTHORITY TO ESTABLISH PROGRAM.—(1) The 

5 Secretary of Defense may establish a program (in this sec6 tion referred to as the ‘travel program’) to provide trans7 portation on Department of Defense aircraft on a space8 available basis to the categories of individuals eligible 

9 under subsection (c). 

10 ‘‘(2) If the Secretary makes a determination to estab11 lish the travel program, the Secretary shall prescribe regu12 lations for the operation of the travel program not later 

13 than one year after the date on which the determination 

14 was made. The regulations shall take effect on that date 

15 or such earlier date as the Secretary shall specify in the 

16 regulations. 

17 ‘‘(3) Not later than 30 days after making the deter18 mination to establish the travel program, the Secretary 

19 shall submit to the congressional defense committees an 

20 initial implementation report describing—

21 ‘‘(A) the basis for the determination; 

22 ‘‘(B) any additional categories of individuals to 

23 be eligible for the travel program under subsection 

24 (c)(5); 

25 ‘‘(C) how the Secretary will ensure that the 

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1 pliance with the conditions specified in subsection 

2 (b); and 

3 ‘‘(D) the metrics by which the Secretary will 

4 monitor the travel program to determine the effi5 cient and effective execution of the travel program. 

6 ‘‘(b) CONDITIONS ON ESTABLISHMENT AND OPER7 ATION.—(1) The Secretary of Defense shall operate the 

8 travel program in a budget-neutral manner. 

9 ‘‘(2) No additional funds may be used, or flight hours 

10 performed, for the purpose of providing transportation 

11 under the travel program. 

12 ‘‘(c) ELIGIBLE INDIVIDUALS.—Subject to subsection 

13 (d), the Secretary of Defense shall provide transportation 

14 under the travel program (if established) to the following 

15 categories of individuals: 

16 ‘‘(1) Members of the armed forces on active 

17 duty. 

18 ‘‘(2) Members of the Selected Reserve who hold 

19 a valid Uniformed Services Identification and Privi20 lege Card. 

21 ‘‘(3) Retired members of a regular or reserve 

22 component of the armed forces, including retired 

23 members of reserve components who, but for being 

24 under the eligibility age applicable under section 


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1 12731 of this title, would be eligible for retired pay 

2 under chapter 1223 of this title. 

3 ‘‘(4) Such categories of dependents of individ4 uals described in paragraphs (1) through (3) as the 

5 Secretary shall specify in the regulations under sub6 section (a), under such conditions and circumstances 

7 as the Secretary shall specify in such regulations. 

8 ‘‘(5) Such other categories of individuals as the 

9 Secretary, in the discretion of the Secretary, con10 siders appropriate. 

11 ‘‘(d) PRIORITIES AND RESTRICTIONS.—In operating 

12 the travel program, the Secretary of Defense shall—

13 ‘‘(1) in the sole discretion of the Secretary, es14 tablish an order of priority for transportation under 

15 the travel program for categories of eligible individ16 uals that is based on considerations of military ne17 cessity, humanitarian concerns, and enhancement of 

18 morale; 

19 ‘‘(2) give priority in consideration of transpor20 tation under the travel program to the demands of 

21 members of the armed forces in the regular compo22 nents and in the reserve components on active duty 

23 and to the need to provide such members, and their 

24 dependents, a means of respite from such demands; 

25 and 


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1 ‘‘(3) implement policies aimed at ensuring cost 

2 control (as required by subsection (b)) and the safe3 ty, security, and efficient processing of travelers, in4 cluding limiting the benefit under the travel program 

5 to one or more categories of otherwise eligible indi6 viduals if considered necessary by the Secretary. 

7 ‘‘(e) SPECIAL PRIORITY FOR RETIRED MEMBERS RE8 SIDING IN COMMONWEALTHS AND POSSESSIONS OF THE

9 UNITED STATES WHO NEED CERTAIN HEALTH CARE

10 SERVICES.—(1) Notwithstanding subsection (d)(1), in es11 tablishing space-available transportation priorities under 

12 the travel program, the Secretary of Defense shall provide 

13 transportation for an individual described in paragraph 

14 (2), and a single dependent of the individual if needed to 

15 accompany the individual, at a priority level in the same 

16 category as the priority level for an unaccompanied de17 pendent over the age of 18 traveling on environmental and 

18 morale leave. 

19 ‘‘(2) Subject to paragraph (3), paragraph (1) applies 

20 with respect to an individual described in subsection (c)(3) 

21 who—

22 ‘‘(A) resides in or is located in a Common23 wealth or possession of the United States; and 

24 ‘‘(B) is referred by a military or civilian pri25 mary care provider located in that Commonwealth or 


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1 possession to a specialty care provider for services to 

2 be provided outside of that Commonwealth or pos3 session. 

4 ‘‘(3) If an individual described in subsection (c)(3) 

5 is a retired member of a reserve component who is ineli6 gible for retired pay under chapter 1223 of this title by 

7 reason of being under the eligibility age applicable under 

8 section 12731 of this title, paragraph (1) applies to the 

9 individual only if the individual is also enrolled in the 

10 TRICARE program for certain members of the Retired 

11 Reserve authorized under section 1076e of this title. 

12 ‘‘(4) The priority for space-available transportation 

13 required by this subsection applies with respect to both—

14 ‘‘(A) the travel from the Commonwealth or pos15 session of the United States to receive the specialty 

16 care services; and 

17 ‘‘(B) the return travel. 

18 ‘‘(5) The requirement to provide transportation on 

19 Department of Defense aircraft on a space-available basis 

20 on the priority basis described in paragraph (1) to individ21 uals covered by this subsection applies whether or not the 

22 travel program is established under this section. 

23 ‘‘(6) In this subsection, the terms ‘primary care pro24 vider’ and ‘specialty care provider’ refer to a medical or 


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1 dental professional who provides health care services 

2 under chapter 55 of this title. 

3 ‘‘(f) CONSTRUCTION.—The authority to provide 

4 transportation under the travel program is in addition to 

5 any other authority under law to provide transportation 

6 on Department of Defense aircraft on a space-available 

7 basis.’’. 

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

9 at the beginning of chapter 157 of such title is amended 

10 by striking the item relating to section 2641b and insert11 ing the following new item:

‘‘2641b. Space-available travel on Department of Defense aircraft: program authorized and eligible recipients.’’.

12 Subtitle D—Benefits and Services 

13 for Members Being Separated or 

14 Recently Separated 

15 SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TWO 

16 YEARS OF COMMISSARY AND EXCHANGE 

17 BENEFITS AFTER SEPARATION. 

18 (a) EXTENSION OF AUTHORITY.—Section 1146 of 

19 title 10, United States Code, is amended—

20 (1) in subsection (a), by striking ‘‘2012’’ and 

21 inserting ‘‘2018’’; and 

22 (2) in subsection (b), by striking ‘‘2012’’ and 

23 inserting ‘‘2018’’. 


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1 (b) CORRECTION OF REFERENCE TO ADMINISTERING

2 SECRETARY.—Such section is further amended—

3 (1) in subsection (a), by striking ‘‘The Sec4 retary of Transportation’’ and inserting ‘‘The Sec5 retary concerned’’; and 

6 (2) in subsection (b), by striking ‘‘The Sec7 retary of Homeland Security’’ and inserting ‘‘The 

8 Secretary concerned’’. 

9 SEC. 632. TRANSITIONAL USE OF MILITARY FAMILY HOUS10 ING. 

11 (a) RESUMPTION OF AUTHORITY TO AUTHORIZE

12 TRANSITIONAL USE.—Subsection (a) of section 1147 of 

13 title 10, United States Code, is amended—

14 (1) in paragraph (1), by striking ‘‘October 1, 

15 1990, and ending on December 31, 2001’’ and in16 serting ‘‘October 1, 2012, and ending on December 

17 31, 2018’’; and 

18 (2) in paragraph (2), by striking ‘‘October 1, 

19 1994, and ending on December 31, 2001’’ and in20 serting ‘‘October 1, 2012, and ending on December 

21 31, 2018’’. 

22 (b) PROHIBITION ON PROVISION OF TRANSITIONAL

23 BASIC ALLOWANCE FOR HOUSING.—Such section is fur24 ther amended by adding at the end the following new sub25 section: 


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1 ‘‘(c) NO TRANSITIONAL BASIC ALLOWANCE FOR

2 HOUSING.—Nothing in this section shall be construed to 

3 authorize the Secretary concerned to continue to provide 

4 for any period of time to an individual who is involuntarily 

5 separated all or any portion of a basic allowance for hous6 ing to which the individual was entitled under section 403 

7 of title 37 immediately before being involuntarily sepa8 rated, even in cases in which the individual or members 

9 of the individual’s household continue to reside after the 

10 separation in a housing unit acquired or constructed under 

11 the alternative authority of subchapter IV of chapter 169 

12 of this title that is not owned or leased by the United 

13 States.’’. 

14 (c) CORRECTION OF REFERENCE TO ADMINISTERING

15 SECRETARY.—Subsection (a)(2) of such section is further 

16 amended by striking ‘‘The Secretary of Transportation’’ 

17 and inserting ‘‘The Secretary concerned’’. 


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1 Subtitle E—Disability, Retired Pay, 

2 and Survivor Benefits 

3 SEC. 641. REPEAL OF REQUIREMENT FOR PAYMENT OF 

4 SURVIVOR BENEFIT PLAN PREMIUMS WHEN 

5 PARTICIPANT WAIVES RETIRED PAY TO PRO6 VIDE A SURVIVOR ANNUITY UNDER FEDERAL 

7 EMPLOYEES RETIREMENT SYSTEM AND TER8 MINATING PAYMENT OF THE SURVIVOR BEN9 EFIT PLAN ANNUITY. 

10 (a) DEPOSITS NOT REQUIRED.—Section 1452(e) of 

11 title 10, United States Code, is amended—

12 (1) in the subsection heading, by inserting 

13 ‘‘AND FERS’’ after ‘‘CSRS’’; 

14 (2) by inserting ‘‘or chapter 84 of such title’’ 

15 after ‘‘chapter 83 of title 5’’; 

16 (3) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; 

17 and 

18 (4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 

19 (b) CONFORMING AMENDMENTS.—Section 1450(d) 

20 of such title is amended—

21 (1) by inserting ‘‘or chapter 84 of such title’’ 

22 after ‘‘chapter 83 of title 5’’; 

23 (2) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; 

24 and 

25 (3) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 


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1 (c) APPLICATION OF AMENDMENTS.—The amend2 ments made by this section shall apply with respect to any 

3 participant electing an annuity for survivors under chapter 

4 84 of title 5, United States Code, on or after the date 

5 of the enactment of this Act. 

6 SEC. 642. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY 

7 SERVICEMEMBERS’ GROUP LIFE INSURANCE 

8 FOR MEMBERS OF THE ARMED FORCES MAR9 RIED TO OTHER MEMBERS. 

10 Section 1967(a)(1) of title 38, United States Code, 

11 is amended—

12 (1) in subparagraph (A)(ii), by inserting after 

13 ‘‘insurable dependent of the member’’ the following: 

14 ‘‘(other than a dependent who is also a member of 

15 a uniformed service and, because of such member16 ship, is automatically insured under this para17 graph)’’; and 

18 (2) in subparagraph (C)(ii), by inserting after 

19 ‘‘insurable dependent of the member’’ the following: 

20 ‘‘(other than a dependent who is also a member of 

21 a uniformed service and, because of such member22 ship, is automatically insured under this para23 graph)’’. 


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1 SEC. 643. CLARIFICATION OF COMPUTATION OF COMBAT2 RELATED SPECIAL COMPENSATION FOR 

3 CHAPTER 61 DISABILITY RETIREES. 

4 (a) IN GENERAL.—Section 1413a(b)(3) of title 10, 

5 United States Code, is amended by striking ‘‘shall be re6 duced by the amount (if any) by which the amount of the 

7 member’s retired pay under chapter 61 of this title ex8 ceeds’’ both places it appears and inserting ‘‘may not, 

9 when combined with the amount of retired pay payable 

10 to the retiree after any such reduction under sections 5304 

11 and 5305 of title 38, cause the total of such combined 

12 payment to exceed’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 this section shall take effect as of January 1, 2013, and 

15 shall apply to payments for months beginning on or after 

16 that date. 

17 Subtitle F—Commissary and Non18 appropriated Fund Instrumen19 tality Benefits and Operations 

20 SEC. 651. REPEAL OF CERTAIN RECORDKEEPING AND RE21 PORTING REQUIREMENTS APPLICABLE TO 

22 COMMISSARY AND EXCHANGE STORES OVER23 SEAS. 

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

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


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1 (b) CONFORMING AMENDMENTS.—Such section is 

2 further amended—

3 (1) by striking ‘‘GENERAL AUTHORITY.—(1)’’ 

4 and inserting ‘‘AUTHORITY TO ESTABLISH RESTRIC5 TIONS.—’’; 

6 (2) by striking ‘‘(2)’’ and inserting ‘‘(b) LIMI7 TATIONS ON USE OF AUTHORITY.—’’; and 

8 (3) by redesignating subparagraphs (A) and 

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

10 SEC. 652. TREATMENT OF FISHER HOUSE FOR THE FAMI11 LIES OF THE FALLEN AND MEDITATION PA12 VILION AT DOVER AIR FORCE BASE, DELA13 WARE, AS A FISHER HOUSE. 

14 (a) FISHER HOUSES AND AUTHORIZED FISHER

15 HOUSE RESIDENTS.—Subsection (a) of section 2493 of 

16 title 10, United States Code, is amended—

17 (1) in paragraph (1)(B), by striking ‘‘by pa18 tients’’ and all that follows through ‘‘such patients;’’ 

19 and inserting ‘‘by authorized Fisher House resi20 dents;’’; 

21 (2) by redesignating paragraph (2) as para22 graph (3); 

23 (3) by inserting after paragraph (1) the fol24 lowing new paragraph: 


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1 ‘‘(2) The term ‘Fisher House’ includes the 

2 Fisher House for the Families of the Fallen and 

3 Meditation Pavilion at Dover Air Force Base, Dela4 ware, so long as such facility is available for residen5 tial use on a temporary basis by authorized Fisher 

6 House residents.’’; and 

7 (4) by adding at the end the following new 

8 paragraph: 

9 ‘‘(4) The term ‘authorized Fisher House resi10 dents’ means the following: 

11 ‘‘(A) With respect to a Fisher House de12 scribed in paragraph (1) that is located in prox13 imity to a health care facility of the Army, the 

14 Air Force, or the Navy, the following persons: 

15 ‘‘(i) Patients of that health care facil16 ity. 

17 ‘‘(ii) Members of the families of such 

18 patients. 

19 ‘‘(iii) Other persons providing the 

20 equivalent of familial support for such pa21 tients. 

22 ‘‘(B) With respect to the Fisher House de23 scribed in paragraph (2), the following persons: 


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1 ‘‘(i) The primary next of kin of a 

2 member of the armed forces who dies while 

3 located or serving overseas. 

4 ‘‘(ii) Other family members of the de5 ceased member who are eligible for trans6 portation under section 481f(e) of title 37. 

7 ‘‘(iii) An escort of a family member 

8 described in clause (i) or (ii).’’. 

9 (b) CONFORMING AMENDMENTS.—Subsections (b), 

10 (e), and (f) of such section are amended by striking 

11 ‘‘health care’’ each place it appears. 

12 (c) REPEAL OF FISCAL YEAR 2012 FREESTANDING

13 DESIGNATION.—Section 643 of the National Defense Au14 thorization Act for Fiscal Year 2012 (Public Law 112–

15 81; 125 Stat. 1466) is repealed. 

16 Subtitle G—Military Lending 

17 SEC. 661. ADDITIONAL ENHANCEMENTS OF PROTECTIONS 

18 ON CONSUMER CREDIT FOR MEMBERS OF 

19 THE ARMED FORCES AND THEIR DEPEND20 ENTS. 

21 (a) PROTECTIONS AGAINST DIFFERENTIAL TREAT22 MENT ON CONSUMER CREDIT UNDER STATE LAW.—Sub23 section (d)(2) of section 987 of title 10, United States 

24 Code, is amended—


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1 (1) in subparagraph (A), by inserting ‘‘any con2 sumer credit or’’ before ‘‘loans’’; and 

3 (2) in subparagraph (B), by inserting ‘‘covering 

4 consumer credit’’ after ‘‘State consumer lending pro5 tections’’. 

6 (b) REGULAR CONSULTATIONS ON PROTECTION.—

7 Subsection (h)(3) of such section is amended—

8 (1) in the matter preceding subparagraph (A), 

9 by inserting ‘‘and not less often than once every two 

10 years thereafter,’’ after ‘‘under this subsection,’’; 

11 and 

12 (2) by striking subparagraph (E) and inserting 

13 the following new subparagraph: 

14 ‘‘(E) The Bureau of Consumer Financial Pro15 tection.’’. 

16 (c) EFFECTIVE DATE.—

17 (1) MODIFICATION OF REGULATIONS.—The 

18 Secretary of Defense shall modify the regulations 

19 prescribed under subsection (h) of section 987 of 

20 title 10, United States Code, to take into account 

21 the amendments made by subsection (a). 

22 (2) EFFECTIVE DATE.—The amendments made 

23 by subsection (a) shall take effect on—

24 (A) the date that is one year after the date 

25 of the enactment of this Act; or 


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1 (B) such earlier date as the Secretary shall 

2 specify in the modification of regulations re3 quired by paragraph (1). 

4 (3) PUBLICATION OF EARLIER DATE.—If the 

5 Secretary specifies an earlier effective date for the 

6 amendments made by subsection (a) pursuant to 

7 paragraph (2)(B), the Secretary shall publish notice 

8 of such earlier effective date in the Federal Register 

9 not later than 90 days before such earlier effective 

10 date. 

11 SEC. 662. EFFECT OF VIOLATIONS OF PROTECTIONS ON 

12 CONSUMER CREDIT EXTENDED TO MEMBERS 

13 OF THE ARMED FORCES AND THEIR DEPEND14 ENTS. 

15 (a) CIVIL LIABILITY.—Section 987(f) of title 10, 

16 United States Code, is amended by adding at the end the 

17 following new paragraph: 

18 ‘‘(5) CIVIL LIABILITY.—

19 ‘‘(A) IN GENERAL.—A person who violates 

20 this section with respect to any person is civilly 

21 liable to such person for—

22 ‘‘(i) any actual damage sustained as a 

23 result, but not less than $500 for each vio24 lation; 

25 ‘‘(ii) appropriate punitive damages; 


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1 ‘‘(iii) appropriate equitable or declara2 tory relief; and 

3 ‘‘(iv) any other relief provided by law. 

4 ‘‘(B) COSTS OF THE ACTION.—In any suc5 cessful action to enforce the civil liability de6 scribed in subparagraph (A), the person who 

7 violated this section is also liable for the costs 

8 of the action, together with reasonable attorney 

9 fees as determined by the court. 

10 ‘‘(C) EFFECT OF FINDING OF BAD FAITH

11 AND HARASSMENT.—In any successful action 

12 by a defendant under this section, if the court 

13 finds the action was brought in bad faith and 

14 for the purpose of harassment, the plaintiff is 

15 liable for the attorney fees of the defendant as 

16 determined by the court to be reasonable in re17 lation to the work expended and costs incurred. 

18 ‘‘(D) DEFENSES.—A person may not be 

19 held liable for civil liability under this para20 graph if the person shows by a preponderance 

21 of evidence that the violation was not inten22 tional and resulted from a bona fide error not23 withstanding the maintenance of procedures 

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1 culation, computer malfunction and program2 ming, and printing errors, except that an error 

3 of legal judgment with respect to a person’s ob4 ligations under this section is not a bona fide 

5 error. 

6 ‘‘(E) JURISDICTION, VENUE, AND STATUTE

7 OF LIMITATIONS.—An action for civil liability 

8 under this paragraph may be brought in any 

9 appropriate United States district court, with10 out regard to the amount in controversy, or in 

11 any other court of competent jurisdiction, not 

12 later than the earlier of—

13 ‘‘(i) two years after the date of dis14 covery by the plaintiff of the violation that 

15 is the basis for such liability; or 

16 ‘‘(ii) five years after the date on which 

17 the violation that is the basis for such li18 ability occurs.’’. 

19 (b) ENFORCEMENT AUTHORITY.—Such section is 

20 further amended by inserting after paragraph (5), as 

21 added by subsection (a), the following new paragraph: 

22 ‘‘(6) ADMINISTRATIVE ENFORCEMENT.—The 

23 provisions of this section (other than paragraph (1) 

24 of this subsection) shall be enforced by the agencies 

25 specified in section 108 of the Truth in Lending Act 


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1 (15 U.S.C. 1607) in the manner set forth in that 

2 section or under any other applicable authorities 

3 available to such agencies by law.’’. 

4 (c) APPLICATION OF AMENDMENT.—The amendment 

5 made by subsection (a) shall apply with respect to con6 sumer credit extended on or after the date of the enact7 ment of this Act. 

8 SEC. 663. CONSISTENT DEFINITION OF DEPENDENT FOR 

9 PURPOSES OF APPLYING LIMITATIONS ON 

10 TERMS OF CONSUMER CREDIT EXTENDED TO 

11 CERTAIN MEMBERS OF THE ARMED FORCES 

12 AND THEIR DEPENDENTS. 

13 Paragraph (2) of section 987(i) of title 10, United 

14 States Code, is amended to read as follows: 

15 ‘‘(2) DEPENDENT.—The term ‘dependent’, with 

16 respect to a covered member, means a person de17 scribed in subparagraph (A), (D), (E), or (I) of sec18 tion 1072(2) of this title.’’. 

19 Subtitle H—Military Compensation 

20 and Retirement Modernization 

21 Commission 

22 SEC. 671. PURPOSE, SCOPE, AND DEFINITIONS. 

23 (a) PURPOSE.—The purpose of this subtitle is to es24 tablish the Military Compensation and Retirement Mod25 ernization Commission to conduct a review of the military 


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1 compensation and retirement systems and to make rec2 ommendations to modernize such systems in order to—

3 (1) ensure the long-term viability of the All-Vol4 unteer Force by sustaining the required human re5 sources of that force during all levels of conflict and 

6 economic conditions; 

7 (2) enable the quality of life for members of the 

8 Armed Forces and the other uniformed services and 

9 their families in a manner that fosters successful re10 cruitment, retention, and careers for members of the 

11 Armed Forces and the other uniformed services; and 

12 (3) modernize and achieve fiscal sustainability 

13 for the compensation and retirement systems for the 

14 Armed Forces and the other uniformed services for 

15 the 21st century. 

16 (b) SCOPE OF REVIEW.—

17 (1) REQUIRED ELEMENTS OF REVIEW.—In 

18 order to provide the fullest understanding of the 

19 matters required to balance the primary purpose of 

20 the review specified in subsection (a), the Commis21 sion shall make its recommendations for changes to 

22 the military compensation and retirement systems 

23 only after—

24 (A) examining all laws, policies, and prac25 tices of the Federal Government that result in 


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1 any direct payment of authorized or appro2 priated funds to—

3 (i) current and former members (vet4 eran and retired) of the uniformed serv5 ices, including the reserve components of 

6 those services; and 

7 (ii) the spouses, family members, chil8 dren, survivors, and other persons author9 ized to receive such payments as a result 

10 of their connection to the members of the 

11 uniformed services named in clause (i); 

12 (B) examining all laws, policies, and prac13 tices of the Federal Government that result in 

14 any expenditure of authorized or appropriated 

15 funds to support the persons named in subpara16 graph (A) and their quality of life, including—

17 (i) health, disability, survivor, edu18 cation, and dependent support programs of 

19 the Department of Defense and the De20 partment of Veterans Affairs, including 

21 outlays from the various Federal trust 

22 funds supporting those programs; 

23 (ii) Department of Education impact 

24 aid; 


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1 (iii) support or funding provided to 

2 States, territories, colleges and universities; 

3 (iv) Department of Defense morale, 

4 recreation, and welfare programs, the re5 sale programs (military exchanges and 

6 commissaries), and dependent school sys7 tem; 

8 (v) the tax treatment of military com9 pensation and benefits; and 

10 (vi) military family housing; and 

11 (C) such other matters as the Commission 

12 considers appropriate. 

13 (2) PRIORITIES.—In weighing its recommenda14 tions on those matters necessary to sustain the 

15 human resources of the All-Volunteer Force, the 

16 Commission shall—

17 (A) pay particular attention to the inter18 relationships and interplay of impact between 

19 and among the various programs of the Federal 

20 Government, especially as those programs influ21 ence decisions of persons about joining the uni22 formed services and of members of the uni23 formed services about remaining in the those 

24 services; and 


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1 (B) closely weigh its recommendations re2 garding the web of interrelated programs sup3 porting spouses and families of members of the 

4 uniformed services, so that changes in such pro5 grams do not adversely impact decisions to re6 main in the uniformed services. 

7 (3) EXCEPTION.—The Commission shall not ex8 amine any program that uses appropriated funding 

9 for initial entry training or unit training of members 

10 of the uniformed services. 

11 (c) DEFINITIONS.—In this subtitle: 

12 (1) The term ‘‘Armed Forces’’ has the meaning 

13 given the term ‘‘armed forces’’ in section 101(a)(4) 

14 of title 10, United States Code. 

15 (2) The term ‘‘Commission’’ means the Military 

16 Compensation and Retirement Modernization Com17 mission established by section 672. 

18 (3) The term ‘‘Commission establishment date’’ 

19 means the first day of the first month beginning on 

20 or after the date of the enactment of this Act. 

21 (4) The term ‘‘military compensation and re22 tirement systems’’ means the military compensation 

23 system and the military retirement system. 

24 (5) The term ‘‘military compensation system’’ 

25 means provisions of law providing eligibility for and 


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1 the computation of military compensation, including 

2 regular military compensation, special and incentive 

3 pays and allowances, medical and dental care, edu4 cational assistance and related benefits, and com5 missary and exchange benefits and related benefits 

6 and activities. 

7 (6) The term ‘‘military retirement system’’ 

8 means retirement benefits, including retired pay 

9 based upon service in the uniformed services and 

10 survivor annuities based upon such service. 

11 (7) The term ‘‘Secretary’’ means the Secretary 

12 of Defense. 

13 (8) The term ‘‘uniformed services’’ has the 

14 meaning given that term in section 101(a)(5) of title 

15 10, United States Code. 

16 (9) The terms ‘‘veterans service organization’’ 

17 and ‘‘military-related advocacy group or association’’ 

18 mean an organization whose primary purpose is to 

19 advocate for veterans, military personnel, military 

20 retirees, or military families. 

21 SEC. 672. MILITARY COMPENSATION AND RETIREMENT 

22 MODERNIZATION COMMISSION. 

23 (a) ESTABLISHMENT.—There is established in the ex24 ecutive branch an independent commission to be known 

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1 tion Commission. The Commission shall be considered an 

2 independent establishment of the Federal Government as 

3 defined by section 104 of title 5, United States Code, and 

4 a temporary organization under section 3161 of such title. 

5 (b) MEMBERSHIP.—

6 (1) NUMBER AND APPOINTMENT.—The Com7 mission shall be composed of nine members ap8 pointed as follows: 

9 (A) The President shall appoint one mem10 ber. 

11 (B) The Majority Leader of the Senate, in 

12 consultation with the Chairman of the Com13 mittee on Armed Services of the Senate, shall 

14 appoint two members. 

15 (C) The Minority Leader of the Senate, in 

16 consultation with the Ranking Member of the 

17 Committee on Armed Services of the Senate, 

18 shall appoint two members. 

19 (D) The Speaker of the House of Rep20 resentatives, in consultation with the Chairman 

21 of the Committee on Armed Services of the 

22 House of Representatives, shall appoint two 

23 members. 

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1 ing Member of the Committee on Armed Serv2 ices of the House of Representatives, shall ap3 point two members. 

4 (2) DEADLINE FOR APPOINTMENT.—Members 

5 shall be appointed to the Commission under para6 graph (1) not later than four months after the Com7 mission establishment date. 

8 (3) QUALIFICATIONS OF INDIVIDUALS AP9 POINTED.—In appointing members of the Commis10 sion, the President and Members of Congress speci11 fied in paragraph (1) shall ensure that, collectively, 

12 there are members with significant expertise regard13 ing the matters described in section 671. The types 

14 of specific expertise and experience to be considered 

15 include the following: 

16 (A) Federal civilian employee compensation 

17 and retirement. 

18 (B) Military compensation and retirement. 

19 (C) Private sector compensation, retire20 ment, or human resource systems. 

21 (D) Active duty service in a regular compo22 nent of the uniformed services. 

23 (E) Service in a reserve component. 

24 (F) Experience as a spouse of a member of 

25 the uniformed services. 


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1 (G) Service as an enlisted member of the 

2 uniformed services. 

3 (H) Military family policy development and 

4 implementation. 

5 (I) Department of Veterans Affairs benefit 

6 programs. 

7 (J) Actuarial science. 

8 (4) LIMITATION.—An individual who, within 

9 the preceding year, has been employed by a veterans 

10 service organization or military-related advocacy 

11 group or association may not be appointed to the 

12 Commission. 

13 (c) CHAIR.—The President shall designate one of the 

14 members of the Commission to be Chair of the Commis15 sion. The individual designated as Chair of the Commis16 sion shall be a person who has expertise in the military 

17 compensation and retirement systems. The Chair, or the 

18 designee of the Chair, shall preside over meetings of the 

19 Commission and be responsible for establishing the agenda 

20 of Commission meetings and hearings. 

21 (d) TERMS.—Members shall be appointed for the life 

22 of the Commission. A vacancy in the Commission shall not 

23 affect its powers, and shall be filled in the same manner 

24 as the original appointment was made. 


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1 (e) STATUS AS FEDERAL EMPLOYEES.—Notwith2 standing the requirements of section 2105 of title 5, 

3 United States Code, including the required supervision 

4 under subsection (a)(3) of such section, the members of 

5 the Commission shall be deemed to be Federal employees. 

6 (f) PAY FOR MEMBERS OF THE COMMISSION.—

7 (1) IN GENERAL.—Each member, other than 

8 the Chair, of the Commission shall be paid at a rate 

9 equal to the daily equivalent of the annual rate of 

10 basic pay payable for level IV of the Executive 

11 Schedule under section 5315 of title 5, United 

12 States Code, for each day (including travel time) 

13 during which the member is engaged in the actual 

14 performance of duties vested in the Commission. 

15 (2) CHAIR.—The Chair of the Commission shall 

16 be paid at a rate equal to the daily equivalent of the 

17 annual rate of basic pay payable for level III of the 

18 Executive Schedule under section 5314, of title 5, 

19 United States Code, for each day (including travel 

20 time) during which the member is engaged in the ac21 tual performance of duties vested in the Commis22 sion. 

23 SEC. 673. COMMISSION HEARINGS AND MEETINGS. 

24 (a) IN GENERAL.—The Commission shall conduct 

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1 sideration. Any such hearing, except a hearing in which 

2 classified information is to be considered, shall be open 

3 to the public. Any hearing open to the public shall be an4 nounced on a Federal website at least 14 days in advance. 

5 For all hearings open to the public, the Commission shall 

6 release an agenda and a listing of materials relevant to 

7 the topics to be discussed. 

8 (b) MEETINGS.—

9 (1) INITIAL MEETING.—The Commission shall 

10 hold its initial meeting not later than 30 days after 

11 the date as of which all members have been ap12 pointed. 

13 (2) SUBSEQUENT MEETINGS.—After its initial 

14 meeting, the Commission shall meet upon the call of 

15 the Chair or a majority of its members. 

16 (3) PUBLIC MEETINGS.—Each meeting of the 

17 Commission shall be held in public unless any mem18 ber objects. 

19 (c) QUORUM.—Five members of the Commission 

20 shall constitute a quorum, but a lesser number may hold 

21 hearings. 

22 (d) PUBLIC COMMENTS.—

23 (1) SOLICITATION.—The Commission shall seek 

24 written comments from the general public and inter25 ested parties on measures to modernize the military 


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1 compensation and retirement systems. Comments 

2 shall be requested through a solicitation in the Fed3 eral Register and announcement on the Internet 

4 website of the Commission. 

5 (2) PERIOD FOR SUBMITTAL.—The period for 

6 the submittal of comments pursuant to the solicita7 tion under paragraph (1) shall end not earlier than 

8 30 days after the date of the solicitation and shall 

9 end on or before the date on which the Secretary 

10 transmits the recommendations of the Secretary to 

11 the Commission under section 674(b). 

12 (3) USE BY COMMISSION.—The Commission 

13 shall consider the comments submitted under this 

14 subsection when developing its recommendations. 

15 (e) SPACE FOR USE OF COMMISSION.—Not later 

16 than 90 days after the date of the enactment of this Act, 

17 the Administrator of General Services, in consultation 

18 with the Secretary, shall identify and make available suit19 able excess space within the Federal space inventory to 

20 house the operations of the Commission. If the Adminis21 trator is not able to make such suitable excess space avail22 able within such 90-day period, the Commission may lease 

23 space to the extent the funds are available. 


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1 (f) CONTRACTING AUTHORITY.—The Commission 

2 may acquire administrative supplies and equipment for 

3 Commission use to the extent funds are available. 

4 SEC. 674. PRINCIPLES AND PROCEDURE FOR COMMISSION 

5 RECOMMENDATIONS. 

6 (a) CONTEXT OF COMMISSION REVIEW.—The Com7 mission shall conduct a review of the matters described 

8 in section 671, including current military compensation 

9 and retirement systems, force management objectives, and 

10 changes in life expectancy and the labor force. 

11 (b) DEVELOPMENT OF COMMISSION RECOMMENDA12 TIONS.—

13 (1) CONSISTENCY WITH PRESIDENTIAL PRIN14 CIPLES.—Subject to paragraph (2), the Commission 

15 shall develop recommendations that are consistent 

16 with the principles established by the President 

17 under subsection (c) and section 671. 

18 (2) GRANDFATHERING OF RETIRED PAY.—

19 (A) CONDITIONS.—In developing its rec20 ommendations, the Commission shall comply 

21 with the following conditions with regard to the 

22 treatment of retired pay for members and re23 tired members of the uniformed services who 

24 joined a uniformed service before the date of 


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1 the enactment of an Act to modernize the mili2 tary compensation and retirement systems: 

3 (i) For members of the uniformed 

4 services as of such date, who became mem5 bers before the enactment of such an Act, 

6 the monthly amount of their retired pay 

7 may not be less than they would have re8 ceived under the current military com9 pensation and retirement system, nor may 

10 the date at which they are eligible to re11 ceive their military retired pay be adjusted 

12 to the financial detriment of the member. 

13 (ii) For members of the uniformed 

14 services retired as of such date, the eligi15 bility for and receipt of their retired pay 

16 may not be adjusted pursuant to any 

17 change made by the enactment of such an 

18 Act. 

19 (B) VOLUNTARY ELECTION EXCEPTION.—

20 Nothing in subparagraph (A) prevents a mem21 ber described in such subparagraph from volun22 tarily electing to be covered under the provi23 sions of an Act to modernize the military com24 pensation and retirement systems. 


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1 (c) PRESIDENTIAL PRINCIPLES.—Not later than five 

2 months after the Commission establishment date, the 

3 President shall establish and transmit to the Commission 

4 and Congress principles for modernizing the military com5 pensation and retirement systems. The principles estab6 lished by the President shall address the following: 

7 (1) Maintaining recruitment and retention of 

8 the best military personnel. 

9 (2) Modernizing the regular and reserve mili10 tary compensation and retirement systems. 

11 (3) Differentiating between regular and reserve 

12 military service. 

13 (4) Differentiating between service in the 

14 Armed Forces and service in the other uniformed 

15 services. 

16 (5) Assisting with force management. 

17 (6) Ensuring the fiscal sustainability of the 

18 military compensation and retirement systems. 

19 (7) Compliance with the purpose and scope of 

20 the review prescribed in section 671. 

21 (d) SECRETARY OF DEFENSE RECOMMENDATIONS.—

22 (1) DEADLINE.—Not later than nine months 

23 after the Commission establishment date, the Sec24 retary shall transmit to the Commission the rec25 ommendations of the Secretary for modernization of 


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1 the military compensation and retirement systems. 

2 The Secretary shall concurrently transmit the rec3 ommendations to Congress. 

4 (2) DEVELOPMENT OF RECOMMENDATIONS.—

5 The Secretary shall develop the recommendations of 

6 the Secretary under paragraph (1)—

7 (A) on the basis of the principles estab8 lished by the President pursuant to subsection 

9 (c); 

10 (B) in consultation with the Secretary of 

11 Homeland Security, with respect to rec12 ommendations concerning members of the 

13 Coast Guard; 

14 (C) in consultation with the Secretary of 

15 Health and Human Services, with respect to 

16 recommendations concerning members of the 

17 Public Health Service; 

18 (D) in consultation with the Secretary of 

19 Commerce, with respect to recommendations 

20 concerning members of the National Oceanic 

21 and Atmospheric Administration; and 

22 (E) in consultation with the Director of 

23 the Office of Management and Budget. 

24 (3) JUSTIFICATION.—The Secretary shall in25 clude with the recommendations under paragraph 


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1 (1) the justification of the Secretary for each rec2 ommendation. 

3 (4) AVAILABILITY OF INFORMATION.—The Sec4 retary shall make available to the Commission and 

5 to Congress the information used by the Secretary 

6 to prepare the recommendations of the Secretary 

7 under paragraph (1). 

8 (e) COMMISSION HEARINGS ON RECOMMENDATIONS

9 OF SECRETARY.—After receiving from the Secretary the 

10 recommendations of the Secretary for modernization of 

11 the military compensation and retirement systems under 

12 subsection (d), the Commission shall conduct public hear13 ings on the recommendations. 

14 (f) COMMISSION REPORT AND RECOMMENDA15 TIONS.—

16 (1) REPORT.—Not later than 15 months after 

17 the Commission establishment date, the Commission 

18 shall transmit to the President a report containing 

19 the findings and conclusions of the Commission, to20 gether with the recommendations of the Commission 

21 for the modernization of the military compensation 

22 and retirement systems. The Commission shall in23 clude in the report legislative language to implement 

24 the recommendations of the Commission. The find25 ings and conclusions in the report shall be based on 


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1 the review and analysis by the Commission of the 

2 recommendations made by the Secretary under sub3 section (d). 

4 (2) REQUIREMENT FOR APPROVAL.—The rec5 ommendations of the Commission must be approved 

6 by at least five members of the Commission before 

7 the recommendations may be transmitted to the 

8 President under paragraph (1). 

9 (3) PROCEDURES FOR CHANGING REC10 OMMENDATIONS OF SECRETARY.—The Commission 

11 may make a change described in paragraph (4) in 

12 the recommendations made by the Secretary only if 

13 the Commission—

14 (A) determines that the change is con15 sistent with the principles established by the 

16 President under subsection (c); 

17 (B) publishes a notice of the proposed 

18 change not less than 45 days before transmit19 ting its recommendations to the President pur20 suant to paragraph (1); and 

21 (C) conducts a public hearing on the pro22 posed change. 

23 (4) COVERED CHANGES.—Paragraph (3) ap24 plies to a change by the Commission in the rec25 ommendations of the Secretary that would—


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1 (A) add a new recommendation; 

2 (B) delete a recommendation; or 

3 (C) substantially change a recommenda4 tion. 

5 (5) EXPLANATION AND JUSTIFICATION FOR

6 CHANGES.—The Commission shall explain and jus7 tify in its report submitted to the President under 

8 paragraph (1) any recommendation made by the 

9 Commission that is different from the recommenda10 tions made by the Secretary under subsection (d). 

11 (6) TRANSMITTAL TO CONGRESS.—The Com12 mission shall transmit a copy of its report to Con13 gress on the same date on which it transmits its re14 port to the President under paragraph (1). 

15 SEC. 675. CONSIDERATION OF COMMISSION RECOMMENDA16 TIONS BY THE PRESIDENT. 

17 (a) REPORT OF PRESIDENTIAL APPROVAL OR DIS18 APPROVAL.—Not later than 60 days after the date on 

19 which the Commission transmits its report to the Presi20 dent under section 674, the President shall transmit to 

21 the Commission and to Congress a report containing the 

22 approval or disapproval by the President of the rec23 ommendations of the Commission in the report. 

24 (b) PRESIDENTIAL APPROVAL.—If in the report 

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1 ommendations of the Commission, the President shall in2 clude with the report the following: 

3 (1) A copy of the recommendations of the Com4 mission. 

5 (2) The certification by the President of the ap6 proval of the President of each recommendation. 

7 (3) The legislative language transmitted by the 

8 Commission to the President as part of the report 

9 of the Commission. 

10 (c) PRESIDENTIAL DISAPPROVAL.—

11 (1) REASONS FOR DISAPPROVAL.—If in the re12 port under subsection (a) the President disapproves 

13 the recommendations of the Commission, in whole or 

14 in part, the President shall include in the report the 

15 reasons for that disapproval. 

16 (2) REVISED RECOMMENDATIONS FROM COM17 MISSION.—Not later than one month after the date 

18 of the report of the President under subsection (a) 

19 disapproving the recommendations of the Commis20 sion, the Commission shall transmit to the President 

21 revised recommendations for the modernization of 

22 the military compensation and retirement systems, 

23 together with revised legislative language to imple24 ment the revised recommendations of the Commis25 sion. 


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1 (3) ACTION ON REVISED RECOMMENDATIONS.—

2 If the President approves all of the revised rec3 ommendations of the Commission transmitted pur4 suant to paragraph (2), the President shall transmit 

5 to Congress, not later than one month after receiv6 ing the revised recommendations, the following: 

7 (A) A copy of the revised recommenda8 tions. 

9 (B) The certification by the President of 

10 the approval of the President of each rec11 ommendation as so revised. 

12 (C) The revised legislative language trans13 mitted to the President. 

14 (d) TERMINATION OF COMMISSION.—If the President 

15 does not transmit to Congress an approval and certifi16 cation described in subsection (b) or (c)(3) in accordance 

17 with the applicable deadline under such subsection, the 

18 Commission shall be terminated not later than one month 

19 after the expiration of the period for transmittal of a re20 port under subsection (c)(3). 

21 SEC. 676. EXECUTIVE DIRECTOR. 

22 (a) APPOINTMENT.—The Commission shall appoint 

23 and fix the rate of basic pay for an Executive Director 

24 in accordance with section 3161 of title 5, United States 

25 Code. 


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1 (b) LIMITATIONS.—The Executive Director may not 

2 have served on active duty in the Armed Forces or as a 

3 civilian employee of the Department of Defense during the 

4 one-year period preceding the date of such appointment 

5 and may not have been employed by a veterans service 

6 organization or a military-related advocacy group or asso7 ciation during that one-year period. 

8 SEC. 677. STAFF. 

9 (a) IN GENERAL.—Subject to subsections (b) and (c), 

10 the Executive Director, with the approval of the Commis11 sion, may appoint and fix the rate of basic pay for addi12 tional personnel as staff of the Commission in accordance 

13 with section 3161 of title 5, United States Code. 

14 (b) LIMITATIONS ON STAFF.—

15 (1) NUMBER OF DETAILEES FROM EXECUTIVE

16 DEPARTMENT.—Not more than one-third of the per17 sonnel employed by or detailed to the Commission 

18 may be on detail from the Department of Defense 

19 and other executive branch departments. 

20 (2) PRIOR DUTIES WITHIN EXECUTIVE

21 BRANCH.—A person may not be detailed from the 

22 Department of Defense or other executive branch 

23 department to the Commission if, in the year before 

24 the detail is to begin, that person participated per25 sonally and substantially in any matter concerning 


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1 the preparation of recommendations for military 

2 compensation and retirement modernization. 

3 (3) NUMBER OF DETAILEES ELIGIBLE FOR

4 MILITARY RETIRED PAY.—Not more than one-fourth 

5 of the personnel employed by or detailed to the Com6 mission may be persons eligible for or receiving mili7 tary retired pay. 

8 (4) PRIOR EMPLOYMENT WITH CERTAIN ORGA9 NIZATIONS.—A person may not be employed by or 

10 detailed to the Commission if, in the year before the 

11 employment or detail is to begin, that person was 

12 employed by a veterans service organization or a 

13 military-related advocacy group or association. 

14 (c) LIMITATIONS ON PERFORMANCE REVIEWS.—No 

15 member of the uniformed services, and no officer or em16 ployee of the Department of Defense or other executive 

17 branch department, may—

18 (1) prepare any report concerning the effective19 ness, fitness, or efficiency of the performance of the 

20 staff of the Commission or any person detailed to 

21 that staff; 

22 (2) review the preparation of such a report; or 

23 (3) approve or disapprove such a report. 

24 SEC. 678. JUDICIAL REVIEW PRECLUDED. 

25 The following shall not be subject to judicial review: 


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1 (1) Actions of the President, the Secretary, and 

2 the Commission under section 674. 

3 (2) Actions of the President under section 675. 

4 SEC. 679. TERMINATION. 

5 Except as otherwise provided in this title, the Com6 mission shall terminate not later than 26 months after the 

7 Commission establishment date. 

8 SEC. 680. FUNDING. 

9 Of the amounts authorized to be appropriated by this 

10 Act for the Department of Defense for fiscal year 2013, 

11 up to $10,000,000 shall be made available to the Commis12 sion to carry out its duties under this subtitle. Funds 

13 made available to the Commission under the preceding 

14 sentence shall remain available until expended. 

15 Subtitle I—Other Matters 

16 SEC. 681. EQUAL TREATMENT FOR MEMBERS OF COAST 

17 GUARD RESERVE CALLED TO ACTIVE DUTY 

18 UNDER TITLE 14, UNITED STATES CODE. 

19 (a) INCLUSION IN DEFINITION OF CONTINGENCY OP20 ERATION.—Section 101(a)(13)(B) of title 10, United 

21 States Code, is amended by inserting ‘‘section 712 of title 

22 14,’’ after ‘‘chapter 15 of this title,’’. 

23 (b) CREDIT OF SERVICE TOWARDS REDUCTION OF

24 ELIGIBILITY AGE FOR RECEIPT OF RETIRED PAY FOR

25 NON-REGULAR SERVICE.—Section 12731(f)(2)(B) of title 


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1 10, United States Code, is amended by adding at the end 

2 the following new clause: 

3 ‘‘(iv) Service on active duty described in this subpara4 graph is also service on active duty pursuant to a call or 

5 order to active duty authorized by the Secretary of Home6 land Security under section 712 of title 14 for purposes 

7 of emergency augmentation of the Regular Coast Guard 

8 forces.’’. 

9 (c) POST 9/11 EDUCATIONAL ASSISTANCE.—Section 

10 3301(1)(B) of title 38, United States Code, is amended 

11 by inserting ‘‘or section 712 of title 14’’ after ‘‘title 10’’. 

12 (d) RETROACTIVE APPLICATION OF AMENDMENTS.—

13 (1) INCLUSION OF PRIOR ORDERS.—The 

14 amendments made by this section shall apply to any 

15 call or order to active duty authorized under section 

16 712 of title 14, United States Code, on or after De17 cember 31, 2011, by the Secretary of the executive 

18 department in which the Coast Guard is operating. 

19 (2) CREDIT FOR PRIOR SERVICE.—The amend20 ments made by this section shall be deemed to have 

21 been enacted on December 31, 2011, for purposes of 

22 applying the amendments to the following provisions 

23 of law: 

24 (A) Section 5538 of title 5, United States 

25 Code, relating to nonreduction in pay. 


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1 (B) Section 701 of title 10, United States 

2 Code, relating to the accumulation and reten3 tion of leave. 

4 (C) Section 12731 of title 10, United 

5 States Code, relating to age and service require6 ments for receipt of retired pay for non-regular 

7 service. 

8 SEC. 682. REPORT REGARDING DEPARTMENT OF VET9 ERANS AFFAIRS CLAIMS PROCESS TRANS10 FORMATION PLAN. 

11 (a) REPORT REQUIRED.—Not later than 60 days 

12 after the date of the enactment of this Act, the Secretary 

13 of Veterans Affairs shall submit to the Committees on 

14 Armed Forces and the Committees on Veterans’ Affairs 

15 of the Senate and House of Representatives a report on 

16 the plan of the Secretary of Veterans Affairs to reduce 

17 the backlog of claims for benefits under laws administered 

18 by the Secretary that are pending as of the date of the 

19 enactment of this Act and to more efficiently and fairly 

20 process claims for such benefits in the future. 

21 (b) CONTENTS OF REPORT.— The report required in 

22 under subsection (a) shall include each of the following: 

23 (1) A detailed explanation of the Veterans Ben24 efits Administration Claims Transformation Plan, 

25 including—


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1 (A) a timeline and steps to completion with 

2 anticipated completion dates; 

3 (B) all benchmarks and indicia of success 

4 that the Secretary will use to measure the suc5 cess or failure of each step in the Trans6 formation Plan; and 

7 (C) the estimated costs, by fiscal year for 

8 each of the five fiscal years following the fiscal 

9 year during which the report is submitted, asso10 ciated with the Transformation Plan, including 

11 training and personnel costs, as well as the in12 crease or decrease in the number of personnel 

13 expected as part of the Transformation Plan. 

14 (2) A detailed explanation of the claims process 

15 that is expected to result after the completion of the 

16 Transformation Plan, from initial filing of claim to 

17 the award or denial of benefits, including any appel18 late steps in the process. 

19 (3) A detailed explanation of the roles and pur20 poses of the Program Management Office, the Vet21 erans Benefits Administration Transformation Gov22 ernance Board, Transformation Joint Executive 

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1 jected costs over the subsequent five fiscal years to 

2 operate and staff each entity. 

3 (4) A detailed explanation of all steps taken 

4 thus far to involve non-Federal entities in the claims 

5 process, including the Texas Veterans Commission 

6 and other State or local agencies relating to vet7 erans’ affairs, veterans service organizations, and 

8 other not-for-profit entities. 

9 (5) A plan for the Secretary to partner with 

10 non-Federal entities to support efforts to reduce the 

11 backlog of claims for benefits under laws adminis12 tered by the Secretary and to more efficiently and 

13 fairly process such claims in the future, including 

14 State and local agencies relating to veterans affairs, 

15 veterans service organizations, and such other rel16 evant Government and non-Government entities as 

17 the Secretary considers appropriate. Such plan shall 

18 include—

19 (A) a description of how the Secretary in20 tends to leverage such partnerships with non21 Federal entities to eliminate the backlog by—

22 (i) increasing the percentage of new 

23 claims that are fully developed prior to 

24 submittal to the Secretary and expediting 

25 the processing of such claims; and 


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1 (ii) helping claimants gather and sub2 mit necessary evidence for claims that were 

3 previously filed but require further develop4 ment; and 

5 (B) a description of how such partnerships 

6 with non-Federal entities will fit into the Trans7 formation Plan. 

8 TITLE VII—HEALTH CARE 

9 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. 


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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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1 Subtitle A—TRICARE and Other 

2 Health Care Benefits 

3 SEC. 701. EXTENSION OF TRICARE STANDARD COVERAGE 

4 AND TRICARE DENTAL PROGRAM FOR MEM5 BERS OF THE SELECTED RESERVE WHO ARE 

6 INVOLUNTARILY SEPARATED. 

7 (a) TRICARE STANDARD COVERAGE.—Section 

8 1076d(b) of title 10, United States Code, is amended—

9 (1) by striking ‘‘Eligibility’’ and inserting ‘‘(1) 

10 Except as provided in paragraph (2), eligibility’’; 

11 and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) During the period beginning on the date of the 

15 enactment of this paragraph and ending December 31, 

16 2018, eligibility for a member under this section who is 

17 involuntarily separated from the Selected Reserve under 

18 other than adverse conditions, as characterized by the Sec19 retary concerned, shall terminate 180 days after the date 

20 on which the member is separated.’’. 

21 (b) TRICARE DENTAL COVERAGE.—Section 

22 1076a(a)(1) of such title is amended by adding at the end 

23 the following new sentence: ‘‘During the period beginning 

24 on the date of the enactment of this sentence and ending 

25 December 31, 2018, such plan shall provide that coverage 


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1 for a member of the Selected Reserve who is involuntarily 

2 separated from the Selected Reserve under other than ad3 verse conditions, as characterized by the Secretary con4 cerned, shall not terminate earlier than 180 days after the 

5 date on which the member is separated.’’. 

6 SEC. 702. INCLUSION OF CERTAIN OVER-THE-COUNTER 

7 DRUGS IN TRICARE UNIFORM FORMULARY. 

8 (a) INCLUSION.—Subsection (a)(2) of section 1074g 

9 of title 10, United States Code, is amended—

10 (1) in subparagraph (D), by striking ‘‘No phar11 maceutical agent may be excluded’’ and inserting 

12 ‘‘Except as provided in subparagraph (F), no phar13 maceutical agent may be excluded’’; and 

14 (2) by adding at the end the following new sub15 paragraph: 

16 ‘‘(F)(i) The Secretary may implement procedures to 

17 place selected over-the-counter drugs on the uniform for18 mulary and to make such drugs available to eligible cov19 ered beneficiaries. An over-the-counter drug may be in20 cluded on the uniform formulary only if the Pharmacy and 

21 Therapeutics Committee established under subsection (b) 

22 finds that the over-the-counter drug is cost effective and 

23 clinically effective. If the Pharmacy and Therapeutics 

24 Committee recommends an over-the-counter drug for in25 clusion on the uniform formulary, the drug shall be considVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 ered to be in the same therapeutic class of pharmaceutical 

2 agents, as determined by the Committee, as similar pre3 scription drugs. 

4 ‘‘(ii) Regulations prescribed by the Secretary to carry 

5 out clause (i) shall include the following with respect to 

6 over-the-counter drugs included on the uniform formulary: 

7 ‘‘(I) A determination of the means and condi8 tions under paragraphs (5) and (6) through which 

9 over-the-counter drugs will be available to eligible 

10 covered beneficiaries and the amount of cost sharing 

11 that such beneficiaries will be required to pay for 

12 over-the-counter drugs, if any, except that no such 

13 cost sharing may be required for a member of a uni14 formed service on active duty. 

15 ‘‘(II) Any terms and conditions for the dis16 pensing of over-the-counter drugs to eligible covered 

17 beneficiaries.’’. 

18 (b) DEFINITIONS.—Subsection (g) of such section is 

19 amended by adding at the end the following new para20 graphs: 

21 ‘‘(3) The term ‘over-the-counter drug’ means a 

22 drug that is not subject to section 503(b) of the 

23 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

24 353(b)). 


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1 ‘‘(4) The term ‘prescription drug’ means a drug 

2 that is subject to section 503(b) of the Federal 

3 Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)).’’. 

4 (c) TECHNICAL AMENDMENTS.—

5 (1) CROSS-REFERENCE AMENDMENT.—Sub6 section (b)(1) of such section is amended by striking 

7 ‘‘subsection (g)’’ and inserting ‘‘subsection (h)’’. 

8 (2) REPEAL OF OBSOLETE PROVISIONS.—

9 (A) Subsection (a)(2)(D) of such section is 

10 amended by striking the last sentence. 

11 (B) Subsection (b)(2) of such section is 

12 amended by striking ‘‘Not later than’’ and all 

13 the follows through ‘‘such 90-day period, the 

14 committee’’ and inserting ‘‘The committee’’. 

15 (C) Subsection (d)(2) of such section is 

16 amended—

17 (i) by striking ‘‘Effective not later 

18 than April 5, 2000, the Secretary’’ and in19 serting ‘‘The Secretary’’; and 

20 (ii) by striking ‘‘the current managed 

21 care support contracts’’ and inserting ‘‘the 

22 managed care support contracts current as 

23 of October 5, 1999,’’. 


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1 SEC. 703. MODIFICATION OF REQUIREMENTS ON MENTAL 

2 HEALTH ASSESSMENTS FOR MEMBERS OF 

3 THE ARMED FORCES DEPLOYED IN CONNEC4 TION WITH A CONTINGENCY OPERATION. 

5 Section 1074m(a)(1)(C)(i) of title 10, United States 

6 Code, is amended by striking ‘‘one year’’ and inserting 

7 ‘‘18 months’’. 

8 SEC. 704. USE OF DEPARTMENT OF DEFENSE FUNDS FOR 

9 ABORTIONS IN CASES OF RAPE AND INCEST. 

10 Section 1093(a) of title 10, United States Code, is 

11 amended by inserting before the period at the end the fol12 lowing: ‘‘or in a case in which the pregnancy is the result 

13 of an act of rape or incest’’. 

14 SEC. 705. PILOT PROGRAM ON CERTAIN TREATMENTS OF 

15 AUTISM UNDER THE TRICARE PROGRAM. 

16 (a) PILOT PROGRAM.—

17 (1) IN GENERAL.—The Secretary of Defense 

18 shall conduct a pilot program to provide for the 

19 treatment of autism spectrum disorders, including 

20 applied behavior analysis. 

21 (2) COMMENCEMENT.—The Secretary shall 

22 commence the pilot program under paragraph (1) by 

23 not later than 90 days after the date of the enact24 ment of this Act. 


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1 (b) DURATION.—The Secretary may not carry out 

2 the pilot program under subsection (a)(1) for longer than 

3 a one-year period. 

4 (c) REPORT.—Not later than 270 days after the date 

5 on which the pilot program under subsection (a)(1) com6 mences, the Secretary shall submit to the Committees on 

7 Armed Services of the Senate and the House of Represent8 atives a report on the pilot program. The report shall in9 clude the following: 

10 (1) An assessment of the feasibility and advis11 ability of establishing a beneficiary cost share for the 

12 treatment of autism spectrum disorders. 

13 (2) A comparison of providing such treatment 

14 under—

15 (A) the ECHO Program; and 

16 (B) the TRICARE program other than 

17 under the ECHO Program. 

18 (3) Any recommendations for changes in legis19 lation. 

20 (4) Any additional information the Secretary 

21 considers appropriate. 

22 (d) DEFINITIONS.—In this section: 

23 (1) The term ‘‘ECHO Program’’ means the Ex24 tended Care Health Option under subsections (d) 


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1 through (f) of section 1079 of title 10, United States 

2 Code. 

3 (2) The term ‘‘TRICARE program’’ has the 

4 meaning given that term in section 1072(7) of title 

5 10, United States Code. 

6 SEC. 706. PILOT PROGRAM ON ENHANCEMENTS OF DE7 PARTMENT OF DEFENSE EFFORTS ON MEN8 TAL HEALTH IN THE NATIONAL GUARD AND 

9 RESERVES THROUGH COMMUNITY PARTNER10 SHIPS. 

11 (a) PROGRAM AUTHORITY.—The Secretary of De12 fense may carry out a pilot program to enhance the efforts 

13 of the Department of Defense in research, treatment, edu14 cation, and outreach on mental health and substance use 

15 disorders and traumatic brain injury in members of the 

16 National Guard and Reserves, their family members, and 

17 their caregivers through community partners. 

18 (b) AGREEMENTS WITH COMMUNITY PARTNERS.—

19 In carrying out the pilot program authorized by subsection 

20 (a), the Secretary may enter into partnership agreements 

21 with community partners described in subsection (c) using 

22 a competitive and merit-based award process. 

23 (c) COMMUNITY PARTNER DESCRIBED.—A commu24 nity partner described in this subsection is a private non25 profit organization or institution that meets such qualiVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 fications as the Secretary shall establish for purposes of 

2 the pilot program and engages in one or more of the fol3 lowing: 

4 (1) Research on the causes, development, and 

5 innovative treatment of mental health and substance 

6 use disorders and traumatic brain injury in members 

7 of the National Guard and Reserves, their family 

8 members, and their caregivers. 

9 (2) Identifying and disseminating evidence10 based treatments of mental health and substance use 

11 disorders and traumatic brain injury described in 

12 paragraph (1). 

13 (3) Outreach and education to such members, 

14 their families and caregivers, and the public about 

15 mental health and substance use disorders and trau16 matic brain injury described in paragraph (1). 

17 (d) DURATION.—The duration of the pilot program 

18 may not exceed three years. 

19 (e) REPORT.—Not later than 180 days before the 

20 completion of the pilot program, the Secretary of Defense 

21 shall submit to the Secretary of Veterans Affairs and the 

22 congressional defense committees a report on the results 

23 of the pilot program, including the number of members 

24 of the National Guard and Reserves provided treatment 

25 or services by community partners, and a description and 


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1 assessment of the effectiveness and achievements of the 

2 pilot program with respect to research, treatment, edu3 cation, and outreach on mental health and substance use 

4 disorders and traumatic brain injury. 

5 SEC. 707. SENSE OF CONGRESS ON HEALTH CARE FOR RE6 TIRED MEMBERS OF THE UNIFORMED SERV7 ICES. 

8 It is the sense of Congress that—

9 (1) members of the uniformed services and 

10 their families endure unique and extraordinary de11 mands and make extraordinary sacrifices over the 

12 course of 20 to 30 years of service in protecting 

13 freedom for all Americans, as do those who have 

14 been medically retired due to the hardships of mili15 tary service; and 

16 (2) access to quality health care services is an 

17 earned benefit during retirement in acknowledgment 

18 of their contributions of service and sacrifice. 


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1 Subtitle B—Health Care 

2 Administration 

3 SEC. 711. AUTHORITY FOR AUTOMATIC ENROLLMENT IN 

4 TRICARE PRIME OF DEPENDENTS OF MEM5 BERS IN PAY GRADES ABOVE PAY GRADE E–

6 4. 

7 Subsection (a) of section 1097a of title 10, United 

8 States Code, is amended to read as follows: 

9 ‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DE10 PENDENTS.—(1) In the case of a dependent of a member 

11 of the uniformed services who is entitled to medical and 

12 dental care under section 1076(a)(2)(A) of this title and 

13 resides in a catchment area in which TRICARE Prime 

14 is offered, the Secretary—

15 ‘‘(A) shall automatically enroll the dependent in 

16 TRICARE Prime if the member is in pay grade E–

17 4 or below; and 

18 ‘‘(B) may automatically enroll the dependent in 

19 TRICARE Prime if the member is in pay grade E–

20 5 or higher. 

21 ‘‘(2) Whenever a dependent of a member is enrolled 

22 in TRICARE Prime under paragraph (1), the Secretary 

23 concerned shall provide written notice of the enrollment 

24 to the member. 


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1 ‘‘(3) The enrollment of a dependent of the member 

2 may be terminated by the member or the dependent at 

3 any time.’’. 

4 SEC. 712. COST-SHARING RATES FOR THE PHARMACY BEN5 EFITS PROGRAM OF THE TRICARE PROGRAM. 

6 (a) IN GENERAL.—Section 1074g(a)(6) of title 10, 

7 United States Code, is amended—

8 (1) by striking subparagraph (A) and inserting 

9 the following new subparagraph (A): 

10 ‘‘(A) The Secretary, in the regulations prescribed 

11 under subsection (h), shall establish cost-sharing require12 ments under the pharmacy benefits program. In accord13 ance with subparagraph (C), such cost-sharing require14 ments shall consist of the following: 

15 ‘‘(i) With respect to each supply of a prescrip16 tion covering not more than 30 days that is obtained 

17 by a covered beneficiary under the TRICARE retail 

18 pharmacy program—

19 ‘‘(I) in the case of generic agents, $5; 

20 ‘‘(II) in the case of formulary agents, $17; 

21 and 

22 ‘‘(III) in the case of nonformulary agents, 

23 $44. 

24 ‘‘(ii) With respect to each supply of a prescrip25 tion covering not more than 90 days that is obtained 


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1 by a covered beneficiary under the national mail2 order pharmacy program—

3 ‘‘(I) in the case of generic agents, $0; 

4 ‘‘(II) in the case of formulary agents, $13; 

5 and 

6 ‘‘(III) in the case of nonformulary agents, 

7 $43.’’; and 

8 (2) by adding at the end the following new sub9 paragraph: 

10 ‘‘(C)(i) Beginning October 1, 2013, the amount of 

11 any increase in a cost-sharing amount specified in sub12 paragraph (A) in a year may not exceed the amount equal 

13 to the percentage of such cost-sharing amount at the time 

14 of such increase equal to the percentage by which retired 

15 pay is increased under section 1401a of this title in that 

16 year. 

17 ‘‘(ii) If the amount of the increase otherwise provided 

18 for a year by clause (i) is less than $1, the increase shall 

19 not be made for such year, but shall be carried over to, 

20 and accumulated with, the amount of the increase for the 

21 subsequent year or years and made when the aggregate 

22 amount of increases carried over under this clause for a 

23 year is $1 or more. 

24 ‘‘(iii) The provisions of this subparagraph shall not 

25 apply to any increase in cost-sharing amounts described 


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1 in clause (i) that is made by the Secretary of Defense on 

2 or after October 1, 2022. The Secretary may increase co3 payments, as considered appropriate by the Secretary, be4 ginning on October 1, 2022.’’. 

5 (b) EFFECTIVE DATE.—

6 (1) IN GENERAL.—The cost-sharing require7 ments under subparagraph (A) of section 

8 1074g(a)(6) of title 10, United States Code, as 

9 amended by subsection (a)(1), shall apply with re10 spect to prescriptions obtained under the TRICARE 

11 pharmacy benefits program on or after such date as 

12 the Secretary of Defense shall specify, but not later 

13 than the date that is 45 days after the date of the 

14 enactment of this Act. 

15 (2) FEDERAL REGISTER.—The Secretary shall 

16 publish notice of the effective date of the cost-shar17 ing requirements specified under paragraph (1) in 

18 the Federal Register. 


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1 SEC. 713. CLARIFICATION OF APPLICABILITY OF CERTAIN 

2 AUTHORITY AND REQUIREMENTS TO SUB3 CONTRACTORS EMPLOYED TO PROVIDE 

4 HEALTH CARE SERVICES TO THE DEPART5 MENT OF DEFENSE. 

6 (a) APPLICABILITY OF FEDERAL TORT CLAIMS ACT

7 TO SUBCONTRACTORS.—Section 1089(a) of title 10, 

8 United States Code, is amended in the last sentence—

9 (1) by striking ‘‘if the physician, dentist, nurse, 

10 pharmacist, or paramedical’’ and inserting ‘‘to such 

11 a physician, dentist, nurse, pharmacist, or para12 medical’’; 

13 (2) by striking ‘‘involved is’’; and 

14 (3) by inserting before the period at the end the 

15 following: ‘‘or a subcontract at any tier under such 

16 a contract that is authorized in accordance with the 

17 requirements of such section 1091’’. 

18 (b) APPLICABILITY OF PERSONAL SERVICES CON19 TRACTING AUTHORITY TO SUBCONTRACTORS.—Section 

20 1091(c) of such title is amended by adding at the end the 

21 following new paragraph: 

22 ‘‘(3) The procedures established under paragraph (1) 

23 may provide for a contracting officer to authorize a con24 tractor to enter into a subcontract for personal services 

25 on behalf of the agency upon a determination that the sub26 contract is—


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1 ‘‘(A) consistent with the requirements of this 

2 section and the procedures established under para3 graph (1); and 

4 ‘‘(B) in the best interests of the agency.’’. 

5 SEC. 714. EXPANSION OF EVALUATION OF THE EFFECTIVE6 NESS OF THE TRICARE PROGRAM. 

7 Section 717(a)(1) of the National Defense Authoriza8 tion Act for Fiscal Year 1996 (Public Law 104–106; 110 

9 Stat. 376; 10 U.S.C. 1073 note) is amended by striking 

10 ‘‘military retirees’’ and inserting ‘‘members of the Armed 

11 Forces (whether in the regular or reserve components) and 

12 their dependents, military retirees and their dependents, 

13 and dependents of members on active duty with severe dis14 abilities and chronic health care needs’’. 

15 SEC. 715. REQUIREMENT TO ENSURE THE EFFECTIVENESS 

16 AND EFFICIENCY OF HEALTH ENGAGEMENTS. 

17 (a) IN GENERAL.—The Secretary of Defense, in co18 ordination with the Under Secretary of Defense for Policy 

19 and the Assistant Secretary of Defense for Health Affairs, 

20 shall develop a process to ensure that health engagements 

21 conducted by the Department of Defense are effective and 

22 efficient in meeting the national security goals of the 

23 United States. 


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1 (b) PROCESS GOALS.—The Assistant Secretary of 

2 Defense for Health Affairs shall ensure that each process 

3 developed under subsection (a)—

4 (1) assesses the operational mission capabilities 

5 of the health engagement; 

6 (2) uses the collective expertise of the Federal 

7 Government and non-governmental organizations to 

8 ensure collaboration and partnering activities; and 

9 (3) assesses the stability and resiliency of the 

10 host nation of such engagement. 

11 (c) ASSESSMENT TOOL.—The Assistant Secretary of 

12 Defense for Health Affairs may establish a measure of ef13 fectiveness learning tool to assess the process developed 

14 under subsection (a) to ensure the applicability of the 

15 process to health engagements conducted by the Depart16 ment of Defense. 

17 (d) HEALTH ENGAGEMENT DEFINED.—In this sec18 tion, the term ‘‘health engagement’’ means a health sta19 bility operation conducted by the Department of Defense 

20 outside the United States in coordination with a foreign 

21 government or international organization to establish, re22 constitute, or maintain the health sector of a foreign coun23 try. 


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1 SEC. 716. PILOT PROGRAM FOR REFILLS OF MAINTENANCE 

2 MEDICATIONS FOR TRICARE FOR LIFE BENE3 FICIARIES THROUGH THE TRICARE MAIL4 ORDER PHARMACY PROGRAM. 

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

6 conduct a pilot program to refill prescription maintenance 

7 medications for each TRICARE for Life beneficiary 

8 through the national mail-order pharmacy program under 

9 section 1074g(a)(2)(E)(iii) of title 10, United States 

10 Code. 

11 (b) MEDICATIONS COVERED.—

12 (1) DETERMINATION.—The Secretary shall de13 termine the prescription maintenance medications 

14 included in the pilot program under subsection (a). 

15 (2) SUPPLY.—In carrying out the pilot program 

16 under subsection (a), the Secretary shall ensure that 

17 the medications included in the program are gen18 erally available to a TRICARE for Life bene19 ficiary—

20 (A) for an initial filling of a 30-day or less 

21 supply through—

22 (i) retail pharmacies under clause (ii) 

23 of section 1074g(a)(2)(E) of title 10, 

24 United States Code; and 

25 (ii) facilities of the uniformed services 

26 under clause (i) of such section; and 


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1 (B) for a refill of such medications 

2 through—

3 (i) the national mail-order pharmacy 

4 program; and 

5 (ii) such facilities of the uniformed 

6 services. 

7 (3) EXEMPTION.— The Secretary may exempt 

8 the following prescription maintenance medications 

9 from the requirements in paragraph (2): 

10 (A) Such medications that are for acute 

11 care needs. 

12 (B) Such other medications as the Sec13 retary determines appropriate. 

14 (c) NONPARTICIPATION.—

15 (1) OPT OUT.—The Secretary shall give 

16 TRICARE for Life beneficiaries who have been cov17 ered by the pilot program under subsection (a) for 

18 a period of one year an opportunity to opt out of 

19 continuing to participate in the program. 

20 (2) WAIVER.—The Secretary may waive the re21 quirement of a TRICARE for Life beneficiary to 

22 participate in the pilot program under subsection (a) 

23 if the Secretary determines, on an individual basis, 

24 that such waiver is appropriate. 


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1 (d) REGULATIONS.—The Secretary shall prescribe 

2 regulations to carry out the pilot program under sub3 section (a), including regulations with respect to—

4 (1) the prescription maintenance medications 

5 included in the pilot program pursuant to subsection 

6 (b)(1); and 

7 (2) addressing instances where a TRICARE for 

8 Life beneficiary covered by the pilot program at9 tempts to refill such medications at a retail phar10 macy rather than through the national mail-order 

11 pharmacy program or a facility of the uniformed 

12 services. 

13 (e) REPORTS.—Not later than March 31 of each year 

14 beginning in 2014 and ending in 2018, the Secretary shall 

15 submit to the congressional defense committees a report 

16 on the pilot program under subsection (a), including the 

17 effects of offering incentives for the use of mail order 

18 pharmacies by TRICARE beneficiaries and the effect on 

19 retail pharmacies. 

20 (f) SUNSET.—The Secretary may not carry out the 

21 pilot program under subsection (a) after December 31, 

22 2017. 

23 (g) TRICARE FOR LIFE BENEFICIARY DEFINED.—

24 In this section, the term ‘‘TRICARE for Life beneficiary’’ 

25 means a TRICARE beneficiary enrolled in the Medicare 


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1 wraparound coverage option of the TRICARE program 

2 made available to the beneficiary by reason of section 

3 1086(d) of title 10, United States Code. 

4 Subtitle C—Mental Health Care 

5 and Veterans Matters 

6 SEC. 723. SHARING BETWEEN DEPARTMENT OF DEFENSE 

7 AND DEPARTMENT OF VETERANS AFFAIRS 

8 OF RECORDS AND INFORMATION RETAINED 

9 UNDER THE MEDICAL TRACKING SYSTEM 

10 FOR MEMBERS OF THE ARMED FORCES DE11 PLOYED OVERSEAS. 

12 (a) IN GENERAL.—The Secretary of Defense and the 

13 Secretary of Veterans Affairs shall jointly enter into a 

14 memorandum of understanding providing for the sharing 

15 by the Department of Defense with the Department of 

16 Veterans Affairs of the results of examinations and other 

17 records on members of the Armed Forces that are retained 

18 and maintained with respect to the medical tracking sys19 tem for members deployed overseas under section 1074f(c) 

20 of title 10, United States Code. 

21 (b) CESSATION UPON IMPLEMENTATION OF ELEC22 TRONIC HEALTH RECORD.—The sharing required pursu23 ant to subsection (a) shall cease on the date on which the 

24 Secretary of Defense and the Secretary of Veterans Af25 fairs jointly certify to Congress that the Secretaries have 


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1 fully implemented an integrated electronic health record 

2 for members of the Armed Forces that is fully interoper3 able between the Department of Defense and the Depart4 ment of Veterans Affairs. 

5 SEC. 724. PARTICIPATION OF MEMBERS OF THE ARMED 

6 FORCES IN PEER SUPPORT COUNSELING 

7 PROGRAMS OF THE DEPARTMENT OF VET8 ERANS AFFAIRS. 

9 (a) PARTICIPATION.—

10 (1) IN GENERAL.—The Secretary of Defense 

11 and the Secretary of Veterans Affairs shall jointly 

12 enter into a memorandum of understanding pro13 viding for members of the Armed Forces described 

14 in subsection (b) to volunteer or be considered for 

15 employment as peer counselors under the following: 

16 (A) The peer support counseling program 

17 carried out by the Secretary of Veterans Affairs 

18 under subsection (j) of section 1720F of title 

19 38, United States Code, as part of the com20 prehensive program for suicide prevention 

21 among veterans under subsection (a) of such 

22 section. 

23 (B) The peer support counseling program 

24 carried out by the Secretary of Veterans Affairs 

25 under section 304(a)(1) of the Caregivers and 


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1 Veterans Omnibus Health Services Act of 2010 

2 (Public Law 111–163; 124 Stat. 1150; 38 

3 U.S.C. 1712A note). 

4 (2) TRAINING.—Any member participating in a 

5 peer support counseling program under paragraph 

6 (1) shall receive the training for peer counselors 

7 under section 1720F(j)(2) of title 38, United States 

8 Code, or section 304(c) of the Caregivers and Vet9 erans Omnibus Health Services Act of 2010, as ap10 plicable, before performing peer support counseling 

11 duties under such program. 

12 (b) COVERED MEMBERS.—Members of the Armed 

13 Forces described in this subsection are the following: 

14 (1) Members of the reserve components of the 

15 Armed Forces who are demobilizing after deploy16 ment in a theater of combat operations, including, in 

17 particular, members who participated in combat 

18 against the enemy while so deployed. 

19 (2) Members of the regular components of the 

20 Armed Forces separating from active duty who have 

21 been deployed in a theater of combat operations in 

22 which such members participated in combat against 

23 the enemy. 


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1 SEC. 725. RESEARCH AND MEDICAL PRACTICE ON MENTAL 

2 HEALTH CONDITIONS. 

3 (a) RESEARCH AND PRACTICE.—The Secretary of 

4 Defense shall provide for the translation of research on 

5 the diagnosis and treatment of mental health conditions 

6 into policy on medical practices. 

7 (b) REPORT.—Not later than 180 days after the date 

8 of the enactment of this Act, the Secretary shall submit 

9 to the Committees on Armed Services of the House of 

10 Representatives and the Senate a report on the translation 

11 of research into policy as described in subsection (a). The 

12 report shall include the following: 

13 (1) A summary of the efforts of the Depart14 ment of Defense to carry out such translation. 

15 (2) A description of any policy established pur16 suant to subsection (a). 

17 (3) Additional legislative or administrative ac18 tions the Secretary considers appropriate with re19 spect to such translation. 

20 SEC. 726. TRANSPARENCY IN MENTAL HEALTH CARE SERV21 ICES PROVIDED BY THE DEPARTMENT OF 

22 VETERANS AFFAIRS. 

23 (a) MEASUREMENT OF MENTAL HEALTH CARE

24 SERVICES.—

25 (1) IN GENERAL.—Not later than December 31, 

26 2013, the Secretary of Veterans Affairs shall develop 


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1 and implement a comprehensive set of measures to 

2 assess mental health care services furnished by the 

3 Department of Veterans Affairs. 

4 (2) ELEMENTS.—The measures developed and 

5 implemented under paragraph (1) shall provide an 

6 accurate and comprehensive assessment of the fol7 lowing: 

8 (A) The timeliness of the furnishing of 

9 mental health care by the Department. 

10 (B) The satisfaction of patients who re11 ceive mental health care services furnished by 

12 the Department. 

13 (C) The capacity of the Department to fur14 nish mental health care. 

15 (D) The availability and furnishing of evi16 dence-based therapies by the Department. 

17 (b) GUIDELINES FOR STAFFING MENTAL HEALTH

18 CARE SERVICES.—Not later than December 31, 2013, the 

19 Secretary shall develop and implement guidelines for the 

20 staffing of general and specialty mental health care serv21 ices, including at community-based outpatient clinics. 

22 Such guidelines shall include productivity standards for 

23 providers of mental health care. 

24 (c) STUDY COMMITTEE.—


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1 (1) IN GENERAL.—The Secretary shall seek to 

2 enter into a contract with the National Academy of 

3 Sciences to create a study committee—

4 (A) to consult with the Secretary on the 

5 Secretary’s development and implementation of 

6 the measures and guidelines required by sub7 sections (a) and (b); and 

8 (B) to conduct an assessment and provide 

9 an analysis and recommendations on the state 

10 of Department mental health services. 

11 (2) FUNCTIONS.—In entering into the contract 

12 described in paragraph (1), the Secretary shall, with 

13 respect to paragraph (1)(B), include in such con14 tract a provision for the study committee—

15 (A) to conduct a comprehensive assessment 

16 of barriers to access to mental health care by 

17 veterans who served in the Armed Forces in 

18 Operation Enduring Freedom, Operation Iraqi 

19 Freedom, or Operation New Dawn; 

20 (B) to assess the quality of the mental 

21 health care being provided to such veterans (in22 cluding the extent to which veterans are af23 forded choices with respect to modes of treat24 ment) through site visits to facilities of the Vet25 erans Health Administration (including at least 


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1 one site visit in each Veterans Integrated Serv2 ice Network), evaluating studies of patient out3 comes, and other appropriate means; 

4 (C) to assess whether, and the extent to 

5 which, veterans who served in the Armed 

6 Forces in Operation Enduring Freedom, Oper7 ation Iraqi Freedom, or Operation New Dawn 

8 are being offered a full range of necessary men9 tal health services at Department health care 

10 facilities, including early intervention services 

11 for hazardous drinking, relationship problems, 

12 and other behaviors that create a risk for the 

13 development of a chronic mental health condi14 tion; 

15 (D) to conduct surveys or have access to 

16 Department-administered surveys of—

17 (i) providers of Department mental 

18 health services; 

19 (ii) veterans who served in the Armed 

20 Forces in Operation Enduring Freedom, 

21 Operation Iraqi Freedom, or Operation 

22 New Dawn who are receiving mental 

23 health care furnished by the Department; 

24 and 


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1 (iii) eligible veterans who served in the 

2 Armed Forces in Operation Enduring 

3 Freedom, Operation Iraqi Freedom, or Op4 eration New Dawn who are not using De5 partment health care services to assess 

6 those barriers described in subparagraph 

7 (A); and 

8 (E) to provide to the Secretary, on the 

9 basis of its assessments as delineated in sub10 paragraphs (A) through (C), specific, detailed 

11 recommendations—

12 (i) for overcoming barriers, and im13 proving access, to timely, effective mental 

14 health care at Department health care fa15 cilities (or, where Department facilities 

16 cannot provide such care, through contract 

17 arrangements under existing law); and 

18 (ii) to improve the effectiveness and 

19 efficiency of mental health services fur20 nished by the Secretary. 

21 (3) PARTICIPATION BY FORMER OFFICIALS AND

22 EMPLOYEES OF VETERANS HEALTH ADMINISTRA23 TION.—The Secretary shall ensure that any contract 

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1 ducting the assessments and formulating the rec2 ommendations provided for in paragraph (2) at least 

3 one former official of the Veterans Health Adminis4 tration and at least two former employees of the 

5 Veterans Health Administration who were providers 

6 of mental health care. 

7 (4) PERIODIC REPORTS TO SECRETARY.—In en8 tering into the contract described in paragraph (1), 

9 the Secretary shall, with respect to paragraph 

10 (1)(A), include in such contract a provision for the 

11 submittal to the Secretary of periodic reports and 

12 provision of other consultation to the Secretary by 

13 the study committee to assist the Secretary in car14 rying out subsections (a) and (b). 

15 (5) REPORTS TO CONGRESS.—Not later than 

16 30 days after receiving a report under paragraph 

17 (4), the Secretary shall submit to the Committee on 

18 Veterans’ Affairs of the Senate and the Committee 

19 on Veterans’ Affairs of the House of Representatives 

20 a report on the plans of the Secretary to implement 

21 such recommendations submitted to the Secretary by 

22 the study committee as the Secretary considers ap23 propriate. Such report shall include a description of 

24 each recommendation submitted to the Secretary 

25 that the Secretary does not plan to carry out and an 


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1 explanation of why the Secretary does not plan to 

2 carry out such recommendation. 

3 (d) PUBLICATION.—

4 (1) IN GENERAL.—The Secretary shall make 

5 available to the public on an Internet website of the 

6 Department the following: 

7 (A) The measures and guidelines developed 

8 and implemented under this section. 

9 (B) An assessment of the performance of 

10 the Department using such measures and 

11 guidelines. 

12 (2) QUARTERLY UPDATES.—The Secretary 

13 shall update the measures, guidelines, and assess14 ment made available to the public under paragraph 

15 (1) not less frequently than quarterly. 

16 (e) SEMIANNUAL REPORTS.—

17 (1) IN GENERAL.—Not later than June 30, 

18 2013, and not less frequently than twice each year 

19 thereafter, the Secretary shall submit to the commit20 tees of Congress specified in subsection (c)(5) a re21 port on the Secretary’s progress in developing and 

22 implementing the measures and guidelines required 

23 by this section. 

24 (2) ELEMENTS.—Each report submitted under 

25 paragraph (1) shall include the following: 


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1 (A) A description of the development and 

2 implementation of the measures required by 

3 subsection (a) and the guidelines required by 

4 subsection (b). 

5 (B) A description of the progress made by 

6 the Secretary in developing and implementing 

7 such measures and guidelines. 

8 (C) An assessment of the mental health 

9 care services furnished by the Department, 

10 using the measures developed and implemented 

11 under subsection (a). 

12 (D) An assessment of the effectiveness of 

13 the guidelines developed and implemented under 

14 subsection (b). 

15 (E) Such recommendations for legislative 

16 or administrative action as the Secretary may 

17 have to improve the effectiveness and efficiency 

18 of the mental health care services furnished 

19 under laws administered by the Secretary. 

20 (f) IMPLEMENTATION REPORT.—

21 (1) IN GENERAL.—Not later than 30 days be22 fore the date on which the Secretary begins imple23 menting the measures and guidelines required by 

24 this section, the Secretary shall submit to the com25 mittees of Congress specified in subsection (c)(5) a 


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1 report on the Secretary’s planned implementation of 

2 such measures and guidelines. 

3 (2) ELEMENTS.—The report required by para4 graph (1) shall include the following: 

5 (A) A detailed description of the measures 

6 and guidelines that the Secretary plans to im7 plement under this section. 

8 (B) A description of the rationale for each 

9 measure and guideline the Secretary plans to 

10 implement under this section. 

11 (C) A discussion of each measure and 

12 guideline that the Secretary considered under 

13 this section but chose not to implement. 

14 (D) The number of current vacancies in 

15 mental health care provider positions in the De16 partment. 

17 (E) An assessment of how many additional 

18 positions are needed to meet current or ex19 pected demand for mental health services fur20 nished by the Department. 


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1 SEC. 727. EXPANSION OF VET CENTER PROGRAM TO IN2 CLUDE FURNISHING COUNSELING TO CER3 TAIN MEMBERS OF THE ARMED FORCES AND 

4 THEIR FAMILY MEMBERS. 

5 Section 1712A of title 38, United States Code, is 

6 amended—

7 (1) in subsection (a)—

8 (A) in paragraph (1)—

9 (i) in subparagraph (A), by striking 

10 ‘‘Upon the request’’ and all that follows 

11 through the period at the end and insert12 ing ‘‘Upon the request of any individual re13 ferred to in subparagraph (C), the Sec14 retary shall furnish counseling, including 

15 by furnishing counseling through a Vet 

16 Center, to the individual—

17 ‘‘(i) in the case of an individual referred to in 

18 clauses (i) through (iv) of subparagraph (C), to as19 sist the individual in readjusting to civilian life; and 

20 ‘‘(ii) in the case of an individual referred to in 

21 clause (v) of such subparagraph who is a family 

22 member of a veteran or member described in such 

23 clause—

24 ‘‘(I) in the case of a member who is de25 ployed in a theater of combat operations or an 

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1 curring in that area, during such deployment to 

2 assist such individual in coping with such de3 ployment; and 

4 ‘‘(II) in the case of a veteran or member 

5 who is readjusting to civilian life, to the degree 

6 that counseling furnished to such individual is 

7 found to aid in the readjustment of such vet8 eran or member to civilian life.’’; and 

9 (ii) by striking subparagraph (B) and 

10 inserting the following new subparagraphs: 

11 ‘‘(B) Counseling furnished to an individual under 

12 subparagraph (A) may include a comprehensive individual 

13 assessment of the individual’s psychological, social, and 

14 other characteristics to ascertain whether—

15 ‘‘(i) in the case of an individual referred to in 

16 clauses (i) through (iv) of subparagraph (C), such 

17 individual has difficulties associated with readjusting 

18 to civilian life; and 

19 ‘‘(ii) in the case of an individual referred to in 

20 clause (v) of such subparagraph, such individual has 

21 difficulties associated with—

22 ‘‘(I) coping with the deployment of a mem23 ber described in subclause (I) of such clause; or 


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1 ‘‘(II) readjustment to civilian life of a vet2 eran or member described in subclause (II) of 

3 such clause. 

4 ‘‘(C) Subparagraph (A) applies to the following indi5 viduals: 

6 ‘‘(i) Any individual who is a veteran or member 

7 of the Armed Forces, including a member of a re8 serve component of the Armed Forces, who served 

9 on active duty in a theater of combat operations or 

10 an area at a time during which hostilities occurred 

11 in that area. 

12 ‘‘(ii) Any individual who is a veteran or member 

13 of the Armed Forces, including a member of a re14 serve component of the Armed Forces, who provided 

15 direct emergency medical or mental health care, or 

16 mortuary services to the causalities of combat oper17 ations or hostilities, but who at the time was located 

18 outside the theater of combat operations or area of 

19 hostilities. 

20 ‘‘(iii) Any individual who is a veteran or mem21 ber of the Armed Forces, including a member of a 

22 reserve component of the Armed Forces, who en23 gaged in combat with an enemy of the United States 

24 or against an opposing military force in a theater of 

25 combat operations or an area at a time during which 


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1 hostilities occurred in that area by remotely control2 ling an unmanned aerial vehicle, notwithstanding 

3 whether the physical location of such veteran or 

4 member during such combat was within such theater 

5 of combat operations or area. 

6 ‘‘(iv) Any individual who received counseling 

7 under this section before the date of the enactment 

8 of the National Defense Authorization Act for Fiscal 

9 Year 2013. 

10 ‘‘(v) Any individual who is a family member of 

11 any—

12 ‘‘(I) member of the Armed Forces, includ13 ing a member of a reserve component of the 

14 Armed Forces, who is serving on active duty in 

15 a theater of combat operations or in an area at 

16 a time during which hostilities are occurring in 

17 that area; or 

18 ‘‘(II) veteran or member of the Armed 

19 Forces described in this subparagraph.’’; 

20 (B) by striking paragraph (2); 

21 (C) by redesignating paragraph (3) as 

22 paragraph (2); and 

23 (D) in paragraph (2), as redesignated by 

24 subparagraph (C)—


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1 (i) by striking ‘‘a veteran described in 

2 paragraph (1)(B)(iii)’’ and inserting ‘‘an 

3 individual described in paragraph (1)(C)’’; 

4 and 

5 (ii) by striking ‘‘the veteran a prelimi6 nary general mental health assessment’’ 

7 and inserting ‘‘the individual a comprehen8 sive individual assessment as described in 

9 paragraph (1)(B)’’; 

10 (2) in subsection (b)(1), by striking ‘‘physician 

11 or psychologist’’ each place it appears and inserting 

12 ‘‘licensed or certified mental health care provider’’; 

13 (3) in subsection (g)—

14 (A) by amending paragraph (1) to read as 

15 follows: 

16 ‘‘(1) The term ‘Vet Center’ means a facility 

17 which is operated by the Department for the provi18 sion of services under this section and which is situ19 ated apart from Department general health care fa20 cilities.’’; and 

21 (B) by adding at the end the following new 

22 paragraph: 

23 ‘‘(3) The term ‘family member’, with respect to 

24 a veteran or member of the Armed Forces, means an 

25 individual who—


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1 ‘‘(A) is a member of the family of the vet2 eran or member, including—

3 ‘‘(i) a parent; 

4 ‘‘(ii) a spouse; 

5 ‘‘(iii) a child; 

6 ‘‘(iv) a step-family member; and 

7 ‘‘(v) an extended family member; or 

8 ‘‘(B) lives with the veteran or member but 

9 is not a member of the family of the veteran or 

10 member.’’; and 

11 (4) by redesignating subsection (g), as amended 

12 by paragraph (3), as subsection (h) and inserting 

13 after subsection (f) the following new subsection (g): 

14 ‘‘(g) In carrying out this section and in furtherance 

15 of the Secretary’s responsibility to carry out outreach ac16 tivities under chapter 63 of this title, the Secretary may 

17 provide for and facilitate the participation of personnel 

18 employed by the Secretary to provide services under this 

19 section in recreational programs that are—

20 ‘‘(1) designed to encourage the readjustment of 

21 veterans described in subsection (a)(1)(C); and 

22 ‘‘(2) operated by any organization named in or 

23 approved under section 5902 of this title.’’. 


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1 SEC. 728. ORGANIZATION OF THE READJUSTMENT COUN2 SELING SERVICE IN THE DEPARTMENT OF 

3 VETERANS AFFAIRS. 

4 (a) IN GENERAL.—Subchapter I of chapter 73 of title 

5 38, United States Code, is amended by adding at the end 

6 the following new section: 

7 ‘‘§ 7309. Readjustment Counseling Service 

8 ‘‘(a) IN GENERAL.—There is in the Veterans Health 

9 Administration a Readjustment Counseling Service. The 

10 Readjustment Counseling Service shall provide readjust11 ment counseling and associated services to individuals in 

12 accordance with section 1712A of this title. 

13 ‘‘(b) CHIEF OFFICER.—(1) The head of the Read14 justment Counseling Service shall be the Chief Officer of 

15 the Readjustment Counseling Service (in this section re16 ferred to as the ‘Chief Officer’), who shall report directly 

17 to the Under Secretary for Health. 

18 ‘‘(2) The Chief Officer shall be appointed by the 

19 Under Secretary for Health from among individuals 

20 who—

21 ‘‘(A)(i) are psychologists who hold a diploma as 

22 a doctorate in clinical or counseling psychology from 

23 an authority approved by the American Psycho24 logical Association and who have successfully under25 gone an internship approved by that association; 


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1 ‘‘(ii) are holders of a master in social work de2 gree; or 

3 ‘‘(iii) hold such other advanced degrees related 

4 to mental health as the Secretary considers appro5 priate; 

6 ‘‘(B) have at least three years of experience 

7 providing direct counseling services or outreach serv8 ices in the Readjustment Counseling Service; 

9 ‘‘(C) have at least three years of experience ad10 ministrating direct counseling services or outreach 

11 services in the Readjustment Counseling Service; 

12 ‘‘(D) meet the quality standards and require13 ments of the Department; and 

14 ‘‘(E) are veterans who served in combat as 

15 members of the Armed Forces. 

16 ‘‘(c) STRUCTURE.—(1) The Readjustment Coun17 seling Service is a distinct organizational element within 

18 Veterans Health Administration. 

19 ‘‘(2) The Readjustment Counseling Service shall pro20 vide counseling and services as described in subsection (a). 

21 ‘‘(3) The Chief Officer shall have direct authority 

22 over all Readjustment Counseling Service staff and assets, 

23 including Vet Centers. 

24 ‘‘(d) SOURCE OF FUNDS.—(1) Amounts for the ac25 tivities of the Readjustment Counseling Service, including 


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1 the operations of its Vet Centers, shall be derived from 

2 amounts appropriated for the Veterans Health Adminis3 tration for medical care. 

4 ‘‘(2) Amounts for activities of the Readjustment 

5 Counseling Service, including the operations of its Vet 

6 Centers, shall not be allocated through the Veterans Equi7 table Resource Allocation system. 

8 ‘‘(3) In each budget request submitted for the De9 partment of Veterans Affairs by the President to Congress 

10 under section 1105 of title 31, the budget request for the 

11 Readjustment Counseling Service shall be listed sepa12 rately. 

13 ‘‘(e) ANNUAL REPORT.—(1) Not later than March 15 

14 of each year, the Secretary shall submit to the Committee 

15 on Veterans’ Affairs of the Senate and the Committee on 

16 Veterans’ Affairs of the House of Representatives a report 

17 on the activities of the Readjustment Counseling Service 

18 during the preceding calendar year. 

19 ‘‘(2) Each report submitted under paragraph (1) 

20 shall include, with respect to the period covered by the 

21 report, the following: 

22 ‘‘(A) A summary of the activities of the Read23 justment Counseling Service, including Vet Centers. 

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1 ing, for each Vet Center, the ratio of the number of 

2 full-time equivalent employees at such Vet Center 

3 and the number of individuals who received services 

4 or assistance at such Vet Center. 

5 ‘‘(C) A detailed analysis of demand for and 

6 unmet need for readjustment counseling services and 

7 the Secretary’s plan for meeting such unmet need. 

8 ‘‘(f) VET CENTER DEFINED.—In this section, the 

9 term ‘Vet Center’ has the meaning given the term in sec10 tion 1712A(h)(1) of this title.’’. 

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

12 at the beginning of chapter 73 of such title is amended 

13 by inserting after the item relating to section 7308 the 

14 following new item:

‘‘7309. Readjustment Counseling Service.’’.

15 (c) CONFORMING AMENDMENTS.—Section 7305 of 

16 such title is amended—

17 (1) by redesignating paragraph (7) as para18 graph (8); and 

19 (2) by inserting after paragraph (6) the fol20 lowing new paragraph (7): 

21 ‘‘(7) A Readjustment Counseling Service.’’. 


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1 SEC. 729. RECRUITMENT OF MENTAL HEALTH PROVIDERS 

2 FOR FURNISHING MENTAL HEALTH SERV3 ICES ON BEHALF OF THE DEPARTMENT OF 

4 VETERANS AFFAIRS WITHOUT COMPENSA5 TION FROM THE DEPARTMENT. 

6 (a) IN GENERAL.—The Secretary of Veterans Affairs 

7 shall carry out a national program of outreach to societies, 

8 community organizations, nonprofit organizations, and 

9 government entities in order to recruit mental health pro10 viders who meet the quality standards and requirements 

11 of the Department of Veterans Affairs to provide mental 

12 health services for the Department on a part-time, with13 out-compensation basis, under section 7405 of title 38, 

14 United States Code. 

15 (b) PARTNERING WITH AND DEVELOPING COMMU16 NITY ENTITIES AND NONPROFIT ORGANIZATIONS.—In 

17 carrying out the program required by subsection (a), the 

18 Secretary may partner with a community entity or non19 profit organization or assist in the development of a com20 munity entity or nonprofit organization, including by en21 tering into an agreement under section 8153 of title 38, 

22 United States Code, that provides strategic coordination 

23 of the societies, organizations, and government entities de24 scribed in subsection (a) in order to maximize the avail25 ability and efficient delivery of mental health services to 


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1 veterans by such societies, organizations, and government 

2 entities. 

3 (c) MILITARY CULTURE TRAINING.—In carrying out 

4 the program required by subsection (a), the Secretary 

5 shall provide training to mental health providers to ensure 

6 that clinicians who provide mental health services as de7 scribed in such subsection have sufficient understanding 

8 of military-specific and service-specific culture, combat ex9 perience, and other factors that are unique to the experi10 ence of veterans who served in Operation Enduring Free11 dom, Operating Iraqi Freedom, or Operation New Dawn. 

12 SEC. 730. PEER SUPPORT. 

13 (a) PEER SUPPORT COUNSELING PROGRAM.—

14 (1) PROGRAM REQUIRED.—Paragraph (1) of 

15 section 1720F(j) of title 38, United States Code, is 

16 amended in the matter preceding subparagraph (A) 

17 by striking ‘‘may’’ and inserting ‘‘shall’’. 

18 (2) TRAINING.—Paragraph (2) of such section 

19 is amended by inserting after ‘‘peer counselors’’ the 

20 following: ‘‘, including training carried out under the 

21 national program of training required by section 

22 304(c) of the Caregivers and Veterans Omnibus 

23 Health Services Act of 2010 (38 U.S.C. 1712A 

24 note)’’. 


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1 (3) AVAILABILITY OF PROGRAM AT DEPART2 MENT MEDICAL CENTERS.—Such section is amended 

3 by adding at the end the following new paragraph: 

4 ‘‘(3) In addition to other locations the Secretary con5 siders appropriate, the Secretary shall carry out the peer 

6 support program under this subsection at each Depart7 ment medical center.’’. 

8 (4) DEADLINE FOR COMMENCEMENT OF PRO9 GRAM.—The Secretary of Veterans Affairs shall en10 sure that the peer support counseling program re11 quired by section 1720F(j) of title 38, United States 

12 Code, as amended by this subsection, commences at 

13 each Department of Veterans Affairs medical center 

14 not later than 270 days after the date of the enact15 ment of this Act. 

16 (b) PEER OUTREACH AND PEER SUPPORT SERVICES

17 AT DEPARTMENT MEDICAL CENTERS UNDER PROGRAM

18 ON READJUSTMENT AND MENTAL HEALTH CARE SERV19 ICES FOR VETERANS WHO SERVED IN OPERATION EN20 DURING FREEDOM AND OPERATION IRAQI FREEDOM.—

21 (1) IN GENERAL.—Section 304 of the Care22 givers and Veterans Omnibus Health Services Act of 

23 2010 (Public Law 111–163; 38 U.S.C. 1712A note) 

24 is amended—


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1 (A) by redesignating subsection (e) as sub2 section (f); and 

3 (B) by inserting after subsection (d) the 

4 following new subsection (e): 

5 ‘‘(e) PROVISION OF PEER OUTREACH AND PEER

6 SUPPORT SERVICES AT DEPARTMENT MEDICAL CEN7 TERS.—The Secretary shall carry out the services required 

8 by subparagraphs (A) and (B) of subsection (a)(1) at each 

9 Department medical center.’’. 

10 (2) DEADLINE.—The Secretary of Veterans Af11 fairs shall commence carrying out the services re12 quired by subparagraphs (A) and (B) of subsection 

13 (a)(1) of such section at each Department of Vet14 erans Affairs medical center, as required by sub15 section (e) of such section (as added by paragraph 

16 (1)), not later than 270 days after the date of the 

17 enactment of this Act. 

18 Subtitle D—Reports and Other 

19 Matters 

20 SEC. 731. PLAN FOR REFORM OF THE ADMINISTRATION OF 

21 THE MILITARY HEALTH SYSTEM. 

22 (a) DETAILED PLAN.—In implementing reforms to 

23 the governance of the military health system described in 

24 the memorandum of the Deputy Secretary of Defense 


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1 dated March 2012, the Secretary of Defense shall develop 

2 a detailed plan to carry out such reform. 

3 (b) ELEMENTS.—The plan developed under sub4 section (a) shall include the following: 

5 (1) Goals to achieve while carrying out the re6 form described in subsection (a), including goals 

7 with respect to improving clinical and business prac8 tices, cost reductions, infrastructure reductions, and 

9 personnel reductions, achieved by establishing the 

10 Defense Health Agency, carrying out shared serv11 ices, and modifying the governance of the National 

12 Capital Region. 

13 (2) Metrics to evaluate the achievement of each 

14 goal under paragraph (1) with respect to the pur15 pose, objective, and improvements made by each 

16 such goal. 

17 (3) The personnel levels required for the De18 fense Health Agency and the National Capital Re19 gion Medical Directorate. 

20 (4) A detailed schedule to carry out the reform 

21 described in subsection (a), including a schedule for 

22 meeting the goals under paragraph (1). 

23 (5) Detailed information describing the initial 

24 operating capability of the Defense Health Agency. 


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1 (6) With respect to each shared service that the 

2 Secretary will implement during fiscal year 2013 or 

3 2014—

4 (A) a timeline for such implementation; 

5 and 

6 (B) a business case analysis detailing—

7 (i) the services that will be consoli8 dated into the shared service; 

9 (ii) the purpose of the shared service; 

10 (iii) the scope of the responsibilities 

11 and goals for the shared service; 

12 (iv) the cost of implementing the 

13 shared service, including the costs regard14 ing personnel severance, relocation, mili15 tary construction, information technology, 

16 and contractor support; and 

17 (v) the anticipated cost savings to be 

18 realized by implementing the shared serv19 ice. 

20 (c) SUBMISSION.—The Secretary of Defense shall 

21 submit to the congressional defense committees the plan 

22 developed under subsection (a) as follows: 

23 (1) The contents of the plan described in para24 graphs (1) and (4) of subsection (b) shall be sub25 mitted not later than March 31, 2013. 


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1 (2) The contents of the plan described in para2 graphs (2) and (3) of subsection (b) and paragraph 

3 (6) of such subsection with respect to shared serv4 ices implemented during fiscal year 2013 shall be 

5 submitted not later than June 30, 2013. 

6 (3) The contents of the plan described in para7 graph (6) of such subsection with respect to shared 

8 services implemented during fiscal year 2014 shall 

9 be submitted not later than September 30, 2013. 

10 (d) LIMITATIONS.—

11 (1) FIRST SUBMISSION.—Of the funds author12 ized to be appropriated by this Act or otherwise 

13 made available for fiscal year 2013 for the accounts 

14 and activities described in paragraph (4), not more 

15 than 50 percent may be obligated or expended until 

16 the date on which the Secretary of Defense submits 

17 to the congressional defense committees the contents 

18 of the plan under subsection (c)(1). 

19 (2) SECOND SUBMISSION.—Of the funds au20 thorized to be appropriated by this Act or otherwise 

21 made available for fiscal year 2013 for the accounts 

22 and activities described in paragraph (4), not more 

23 than 75 percent may be obligated or expended until 

24 the date on which the Secretary of Defense submits 


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1 to the congressional defense committees the contents 

2 of the plan under subsection (c)(2). 

3 (3) COMPTROLLER GENERAL REVIEW.—The 

4 Comptroller General of the United States shall sub5 mit to the congressional defense committees a review 

6 of the contents of the plan submitted under each of 

7 paragraphs (1) and (2) to assess whether the Sec8 retary of Defense meets the requirements of such 

9 contents. 

10 (4) ACCOUNTS AND ACTIVITIES DESCRIBED.—

11 The accounts and activities described in this para12 graph are as follows: 

13 (A) Operation and maintenance, Defense14 wide, for the Office of the Secretary of Defense 

15 for travel. 

16 (B) Operation and maintenance, Defense17 wide, for the Office of the Secretary of Defense 

18 for management professional support services. 

19 (C) Operation and maintenance, Defense 

20 Health Program, for travel. 

21 (D) Operation and maintenance, Defense 

22 Health Program, for management professional 

23 support services. 

24 (e) SHARED SERVICES DEFINED.—In this section, 

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1 quired for each military department to provide medical 

2 support to the Armed Forces and authorized beneficiaries. 

3 SEC. 732. FUTURE AVAILABILITY OF TRICARE PRIME 

4 THROUGHOUT THE UNITED STATES. 

5 (a) REPORT REQUIRED.—

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

7 the date of the enactment of this Act, the Secretary 

8 of Defense shall submit to the Committees on Armed 

9 Services of the Senate and the House of Representa10 tives a report setting forth the policy of the Depart11 ment of Defense on the future availability of 

12 TRICARE Prime under the TRICARE program for 

13 eligible beneficiaries in all TRICARE regions 

14 throughout the United States. 

15 (2) ELEMENTS.—The report required by para16 graph (1) shall include the following: 

17 (A) A description, by region, of the dif18 ference in availability of TRICARE Prime for 

19 eligible beneficiaries (other than eligible bene20 ficiaries on active duty in the Armed Forces) 

21 under newly awarded TRICARE managed care 

22 contracts, including, in particular, an identifica23 tion of the regions or areas in which TRICARE 

24 Prime will no longer be available for such bene25 ficiaries under such contracts. 


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1 (B) An estimate of the increased costs to 

2 be incurred by an affected eligible beneficiary 

3 for health care under the TRICARE program. 

4 (C) An estimate of the savings to be 

5 achieved by the Department as a result of the 

6 contracts described in subparagraph (A). 

7 (D) A description of the plans of the De8 partment to continue to assess the impact on 

9 access to health care for affected eligible bene10 ficiaries. 

11 (E) A description of the plan of the De12 partment to provide assistance to affected eligi13 ble beneficiaries who are transitioning from 

14 TRICARE Prime to TRICARE Standard, in15 cluding assistance with respect to identifying 

16 health care providers. 

17 (F) Any other matter the Secretary con18 siders appropriate. 

19 (b) DEFINITIONS.—In this section: 

20 (1) The term ‘‘affected eligible beneficiary’’ 

21 means an eligible beneficiary under the TRICARE 

22 Program (other than eligible beneficiaries on active 

23 duty in the Armed Forces) who, as of the date of 

24 the enactment of this Act—

25 (A) is enrolled in TRICARE Prime; and 


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1 (B) resides in a region of the United 

2 States in which TRICARE Prime enrollment 

3 will no longer be available for such beneficiary 

4 under a contract described in subsection 

5 (a)(2)(A) that does not allow for such enroll6 ment because of the location in which such ben7 eficiary resides. 

8 (2) The term ‘‘TRICARE Prime’’ means the 

9 managed care option of the TRICARE program. 

10 (3) The term ‘‘TRICARE program’’ has the 

11 meaning given that term in section 1072(7) of title 

12 10, United States Code. 

13 (4) The term ‘‘TRICARE Standard’’ means the 

14 fee-for-service option of the TRICARE Program. 

15 SEC. 733. EXTENSION OF COMPTROLLER GENERAL REPORT 

16 ON CONTRACT HEALTH CARE STAFFING FOR 

17 MILITARY MEDICAL TREATMENT FACILITIES. 

18 Section 726(a) of the National Defense Authorization 

19 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

20 1480) is amended by striking ‘‘March 31, 2012’’ and in21 serting ‘‘March 31, 2013’’. 


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1 SEC. 734. EXTENSION OF COMPTROLLER GENERAL REPORT 

2 ON WOMEN-SPECIFIC HEALTH SERVICES AND 

3 TREATMENT FOR FEMALE MEMBERS OF THE 

4 ARMED FORCES. 

5 Section 725(c) of the National Defense Authorization 

6 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

7 1480) is amended by striking ‘‘December 31, 2012’’ and 

8 inserting ‘‘March 31, 2013’’. 

9 SEC. 735. STUDY ON HEALTH CARE AND RELATED SUPPORT 

10 FOR CHILDREN OF MEMBERS OF THE ARMED 

11 FORCES. 

12 (a) STUDY.—The Secretary of Defense shall conduct 

13 a study on the health care and related support provided 

14 by the Secretary to dependent children. 

15 (b) ELEMENTS.—The study under subsection (a) 

16 shall include the following: 

17 (1) A comprehensive review of the policies of 

18 the Secretary and the TRICARE program with re19 spect to providing pediatric care. 

20 (2) An assessment of access to pediatric health 

21 care by dependent children in appropriate settings. 

22 (3) An assessment of access to specialty care by 

23 dependent children, including care for children with 

24 special health care needs. 


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1 (4) A comprehensive review and analysis of re2 imbursement under the TRICARE program for pe3 diatric care. 

4 (5) An assessment of the adequacy of the 

5 ECHO Program in meeting the needs of dependent 

6 children with extraordinary health care needs. 

7 (6) An assessment of the adequacy of care 

8 management for dependent children with special 

9 health care needs. 

10 (7) An assessment of the support provided 

11 through other Department of Defense or military de12 partment programs and policies that support the 

13 physical and behavorial health of dependent children, 

14 including children with special health care needs. 

15 (8) Mechanisms for linking dependent children 

16 with special health care needs with State and local 

17 community resources, including children’s hospitals 

18 and providers of pediatric specialty care. 

19 (9) Strategies to mitigate the impact of fre20 quent relocations related to military service on the 

21 continuity of health care services for dependent chil22 dren, including children with special health and be23 havioral health care needs. 

24 (c) REPORT.—Not later than one year after the date 

25 of the enactment of this Act, the Secretary shall submit 


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1 to the congressional defense committees a report on the 

2 study under subsection (a), including—

3 (1) the findings of the study; 

4 (2) a plan to improve and continuously monitor 

5 the access of dependent children to quality health 

6 care; and 

7 (3) any recommendations for legislation that 

8 the Secretary considers necessary to maintain the 

9 highest quality of health care for dependent children. 

10 (d) DEFINITIONS.—In this section: 

11 (1) The term ‘‘dependent children’’ means the 

12 children of members of the Armed Forces who are 

13 covered beneficiaries under chapter 55 of title 10, 

14 United States Code. 

15 (2) The term ‘‘ECHO Program’’ means the Ex16 tended Care Health Option under subsections (d) 

17 through (f) of section 1079 of title 10, United States 

18 Code. 

19 SEC. 736. REPORT ON STRATEGY TO TRANSITION TO USE 

20 OF HUMAN-BASED METHODS FOR CERTAIN 

21 MEDICAL TRAINING. 

22 (a) REPORT.—

23 (1) IN GENERAL.—Not later than March 1, 

24 2013, the Secretary of Defense shall submit to the 

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1 lines a strategy, including a detailed timeline, to re2 fine and, when appropriate, transition to using 

3 human-based training methods for the purpose of 

4 training members of the Armed Forces in the treat5 ment of combat trauma injuries. 

6 (2) ELEMENTS.—The report under paragraph 

7 (1) shall include the following: 

8 (A) Required research, development, test9 ing, and evaluation investments to validate 

10 human-based training methods to refine, re11 duce, and, when appropriate, transition from 

12 the use of live animals in medical education and 

13 training. 

14 (B) Phased sustainment and readiness 

15 costs to refine, reduce, and, when appropriate, 

16 replace the use of live animals in medical edu17 cation and training. 

18 (C) Any risks associated with transitioning 

19 to human-based training methods, including re20 source availability, anticipated technological de21 velopment timelines, and potential impact on 

22 the present combat trauma training curricula. 

23 (D) An assessment of the potential effect 

24 of transitioning to human-based training meth25 ods on the quality of medical care delivered on 


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1 the battlefield, including any reduction in the 

2 competency of combat medical personnel. 

3 (E) An assessment of risks to maintaining 

4 the level of combat life-saver techniques per5 formed by all members of the Armed Forces. 

6 (b) DEFINITIONS.—In this section: 

7 (1) The term ‘‘combat trauma injuries’’ means 

8 severe injuries likely to occur during combat, includ9 ing—

10 (A) extremity hemorrhage; 

11 (B) tension pneumothorax; 

12 (C) amputation resulting from blast injury; 

13 (D) compromises to the airway; and 

14 (E) other injuries. 

15 (2) The term ‘‘human-based training methods’’ 

16 means, with respect to training individuals in med17 ical treatment, the use of systems and devices that 

18 do not use animals, including—

19 (A) simulators; 

20 (B) partial task trainers; 

21 (C) moulage; 

22 (D) simulated combat environments; and 

23 (E) human cadavers. 


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1 (3) The term ‘‘partial task trainers’’ means 

2 training aids that allow individuals to learn or prac3 tice specific medical procedures. 

4 SEC. 737. STUDY ON INCIDENCE OF BREAST CANCER 

5 AMONG MEMBERS OF THE ARMED FORCES 

6 SERVING ON ACTIVE DUTY. 

7 (a) STUDY.—The Secretary of Defense shall conduct 

8 a study on the incidence of breast cancer among members 

9 of the Armed Forces serving on active duty. 

10 (b) ELEMENTS.—The study under subsection (a) 

11 shall include the following: 

12 (1) A determination of the number of members 

13 of the Armed Forces who served on active duty at 

14 any time during the period from 2000 to 2010 who 

15 were diagnosed with breast cancer during such pe16 riod. 

17 (2) A determination of demographic informa18 tion regarding such members, including race, eth19 nicity, sex, age, and rank. 

20 (3) An analysis of breast cancer treatments re21 ceived by such members and the source of such 

22 treatment. 

23 (4) The availability and training of breast can24 cer specialists within the military health system. 


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1 (5) A comparison of the rates of members of 

2 the Armed Forces serving on active duty who have 

3 breast cancer to civilian populations with comparable 

4 demographic characteristics. 

5 (6) Identification of potential factors associated 

6 with military service that could increase the risk of 

7 breast cancer for members of the Armed Forces 

8 serving on active duty. 

9 (7) A description of a research agenda to fur10 ther the understanding of the Department of De11 fense of the incidence of breast cancer among such 

12 members. 

13 (8) An assessment of the effectiveness of out14 reach to members of the Armed Forces to identify 

15 risks of, prevent, detect, and treat breast cancer. 

16 (9) Recommendations for changes to policy or 

17 law that could improve the prevention, early detec18 tion, awareness, and treatment of breast cancer 

19 among members of the Armed Forces serving on ac20 tive duty. 

21 (c) REPORT.—Not later than one year after the date 

22 of the enactment of this Act, the Secretary shall submit 

23 to the congressional defense committees a report on the 

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1 section (a), including a description of any further unique 

2 military research needed with respect to breast cancer. 

3 SEC. 738. PERFORMANCE METRICS AND REPORTS ON WAR4 RIORS IN TRANSITION PROGRAMS OF THE 

5 MILITARY DEPARTMENTS. 

6 (a) METRICS REQUIRED.—The Secretary of Defense 

7 shall establish a policy containing uniform performance 

8 outcome measurements to be used by each Secretary of 

9 a military department in tracking and monitoring mem10 bers of the Armed Forces in Warriors in Transition pro11 grams. 

12 (b) ELEMENTS.—The policy established under sub13 section (a) shall identify outcome measurements with re14 spect to the following: 

15 (1) Physical health and behavioral health. 

16 (2) Rehabilitation. 

17 (3) Educational and vocational preparation. 

18 (4) Such other matters as the Secretary con19 siders appropriate. 

20 (c) MILESTONES.—In establishing the policy under 

21 subsection (a), the Secretary of Defense shall establish 

22 metrics and milestones for members in Warriors in Tran23 sition programs. Such metrics and milestones shall cover 

24 members throughout the course of care and rehabilitation 


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1 in Warriors in Transitions programs by applying to the 

2 following occasions: 

3 (1) When the member commences participation 

4 in the program. 

5 (2) At least once each year the member partici6 pates in the program. 

7 (3) When the member ceases participation in 

8 the program or is transferred to the jurisdiction of 

9 the Secretary of Veterans Affairs. 

10 (d) COHORT GROUPS AND PARAMETERS.—The policy 

11 established under subsection (a)—

12 (1) may differentiate among cohort groups 

13 within the population of members in Warriors in 

14 Transition programs, as appropriate; and 

15 (2) shall include parameters for specific out16 come measurements in each element under sub17 section (b) and each metric and milestone under 

18 subsection (c). 

19 (e) REPORTS REQUIRED.—

20 (1) INITIAL REPORT.—Not later than 180 days 

21 after the date of the enactment of this Act, the Sec22 retary of Defense shall submit to the congressional 

23 defense committees a report on the policy estab24 lished under subsection (a), including the outcome 


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1 measurements for each element under subsection (b) 

2 and each metric and milestone under subsection (c). 

3 (2) ANNUAL REPORTS.—Not later than Feb4 ruary of each year beginning in 2014 and ending in 

5 2018, the Secretary of Defense shall submit to the 

6 congressional defense committees a report on the 

7 performance of the military departments with re8 spect to the policy established under subsection (a). 

9 Each report shall include—

10 (A) an analysis of—

11 (i) data on improvements in the 

12 progress of members in Warriors in Tran13 sition programs in each specific area iden14 tified in the policy; 

15 (ii) access to health and rehabilitation 

16 services by such members, including aver17 age appointment waiting times by spe18 cialty; 

19 (iii) effectiveness of the programs in 

20 assisting in the transition of such members 

21 to military duty or civilian life through 

22 education and vocational assistance; 

23 (iv) any differences in outcomes in 

24 Warriors in Transition programs, and the 

25 reason for any such differences; and 


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1 (v) the quantities and effectiveness of 

2 medical and nonmedical case managers, 

3 legal support and physical evaluation board 

4 liaison officers, mental health care pro5 viders, and medical evaluation physicians 

6 in comparison to the actual number of 

7 members requiring such services; and 

8 (B) such other results and analyses as the 

9 Secretary considers appropriate, including any 

10 recommendations for legislation if needed. 

11 (f) WARRIORS IN TRANSITION PROGRAM DE12 FINED.—In this section, the term ‘‘Warriors in Transition 

13 program’’ means any major support program of the 

14 Armed Forces for members of the Armed Forces with se15 vere wounds, illnesses, or injuries that is intended to pro16 vide such members with nonmedical case management 

17 service and care coordination services, and includes the 

18 programs as follows: 

19 (1) Warrior Transition Units and the Wounded 

20 Warrior Program of the Army. 

21 (2) The Wounded Warrior Safe Harbor pro22 gram of the Navy. 

23 (3) The Wounded Warrior Regiment of the Ma24 rine Corps. 


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1 (4) The Recovery Care Program and the 

2 Wounded Warrior programs of the Air Force. 

3 (5) The Care Coalition of the United States 

4 Special Operations Command. 

5 SEC. 739. PLAN TO ELIMINATE GAPS AND REDUNDANCIES 

6 IN PROGRAMS OF THE DEPARTMENT OF DE7 FENSE ON PSYCHOLOGICAL HEALTH AND 

8 TRAUMATIC BRAIN INJURY. 

9 (a) SENSE OF CONGRESS.—Congress supports the ef10 forts of the Secretary of Veterans Affairs and the Sec11 retary of Defense to educate members of the Armed 

12 Forces, veterans, the families of such members and vet13 erans, the medical community, and the public with respect 

14 to the causes, symptoms, and treatment of post-traumatic 

15 stress disorder. 

16 (b) PLAN.—

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of the enactment of this Act, the Sec19 retary of Defense shall submit to the Committees on 

20 Armed Services of the Senate and the House of Rep21 resentatives a plan to improve the coordination and 

22 integration of the programs of the Department of 

23 Defense that address traumatic brain injury and the 

24 psychological health of members of the Armed 

25 Forces. 


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1 (2) ELEMENTS.—The plan under paragraph (1) 

2 shall include the following: 

3 (A) Identification of—

4 (i) any gaps in services and treat5 ments provided by the programs of the De6 partment of Defense that address trau7 matic brain injury and the psychological 

8 health of members of the Armed Forces; 

9 and 

10 (ii) any unnecessary redundancies in 

11 such programs. 

12 (B) A plan for mitigating the gaps and 

13 redundancies identified under subparagraph 

14 (A). 

15 (C) Identification of the official within the 

16 Department who will be responsible for leading 

17 the implementation of the plan described in 

18 paragraph (1). 

19 TITLE VIII—ACQUISITION POL20 ICY, ACQUISITION MANAGE21 MENT, AND RELATED MAT22 TERS

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. 


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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. 


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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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1 Subtitle A—Acquisition Policy and 

2 Management 

3 SEC. 801. TREATMENT OF PROCUREMENTS ON BEHALF OF 

4 THE DEPARTMENT OF DEFENSE THROUGH 

5 THE WORK FOR OTHERS PROGRAM OF THE 

6 DEPARTMENT OF ENERGY. 

7 (a) IN GENERAL.—Subsection (d) of section 801 of 

8 the National Defense Authorization Act for Fiscal Year 

9 2008 (10 U.S.C. 2304 note) is amended—

10 (1) in the subsection heading, by striking ‘‘DE11 FENSE’’ and inserting ‘‘APPLICABLE’’; 

12 (2) by redesignating paragraphs (1) and (2) as 

13 subparagraphs (A) and (B), respectively; 

14 (3) by striking ‘‘For the purposes’’ and insert15 ing ‘‘(1) Except as provided in paragraph (2), for 

16 the purposes’’; 

17 (4) in paragraph (1), as designated by para18 graph (3) of this subsection, by striking ‘‘defense 

19 procurement’’ and inserting ‘‘applicable procure20 ment’’; and 

21 (5) by adding at the end the following new 

22 paragraph (2): 

23 ‘‘(2) In the case of the procurement of property or 

24 services on behalf of the Department of Defense through 

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1 ergy, the laws and regulations applicable under paragraph 

2 (1)(B) are the Department of Energy Acquisition Regula3 tions, pertinent interagency agreements, and Department 

4 of Defense and Department of Energy policies related to 

5 the Work for Others program.’’. 

6 (b) CONFORMING AMENDMENTS.—Such section is 

7 further amended by striking ‘‘defense procurement’’ and 

8 inserting ‘‘applicable procurement’’ each place it appears 

9 as follows: 

10 (1) Subsection (a)(1)(B). 

11 (2) Subsection (a)(4) (as redesignated by sec12 tion 805(a)(3)). 

13 (3) Subsection (a)(4)(A) (as redesignated by 

14 section 805(a)(3)). 

15 (4) Subsection (b)(1)(A). 

16 (5) Subsection (b)(1)(B)(ii). 

17 (6) Subsection (c)(2)(F). 

18 SEC. 802. REVIEW AND JUSTIFICATION OF PASS-THROUGH 

19 CONTRACTS. 

20 Not later than 180 days after the date of the enact21 ment of this Act, the Secretary of Defense, the Secretary 

22 of State, and the Administrator of the United States 

23 Agency for International Development shall issue such 

24 guidance and regulations as may be necessary to ensure 

25 that in any case in which an offeror for a contract or a 


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1 task or delivery order informs the agency pursuant to sec2 tion 52.215-22 of the Federal Acquisition Regulation that 

3 the offeror intends to award subcontracts for more than 

4 70 percent of the total cost of work to be performed under 

5 the contract, task order, or delivery order, the contracting 

6 officer for the contract is required to—

7 (1) consider the availability of alternative con8 tract vehicles and the feasibility of contracting di9 rectly with a subcontractor or subcontractors that 

10 will perform the bulk of the work; 

11 (2) make a written determination that the con12 tracting approach selected is in the best interest of 

13 the Government; and 

14 (3) document the basis for such determination. 

15 SEC. 803. AVAILABILITY OF AMOUNTS IN DEFENSE ACQUI16 SITION WORKFORCE DEVELOPMENT FUND. 

17 (a) IN GENERAL.—Section 1705 of title 10, United 

18 States Code, is amended—

19 (1) in subsection (d)(2)(C), by striking clauses 

20 (i) through (vi) and inserting the following: 

21 ‘‘(i) For fiscal year 2013, $500,000,000. 

22 ‘‘(ii) For fiscal year 2014, $800,000,000. 

23 ‘‘(iii) For fiscal year 2015, $700,000,000. 

24 ‘‘(iv) For fiscal year 2016, $600,000,000. 

25 ‘‘(v) For fiscal year 2017, $500,000,000. 


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1 ‘‘(vi) For fiscal year 2018, 

2 $400,000,000.’’; 

3 (2) in subsection (e)—

4 (A) in paragraph (1), by adding at the end 

5 the following new sentence: ‘‘In the case of tem6 porary members of the acquisition workforce 

7 designated pursuant to subsection (h)(2), such 

8 funds shall be available only for the limited pur9 pose of providing training in the performance of 

10 acquisition-related functions and duties.’’; and 

11 (B) in paragraph (5), by inserting before 

12 the period at the end the following: ‘‘, and who 

13 has continued in the employment of the Depart14 ment since such time without a break in such 

15 employment of more than a year’’; 

16 (3) by striking subsection (g); 

17 (4) by redesignating subsection (h) as sub18 section (g); and 

19 (5) by adding at the end the following new sub20 section (h): 

21 ‘‘(h) ACQUISITION WORKFORCE DEFINED.—In this 

22 section, the term ‘acquisition workforce’ means the fol23 lowing: 


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1 ‘‘(1) Personnel in positions designated under 

2 section 1721 of this title as acquisition positions for 

3 purposes of this chapter. 

4 ‘‘(2) Other military personnel or civilian em5 ployees of the Department of Defense who—

6 ‘‘(A) contribute significantly to the acquisi7 tion process by virtue of their assigned duties; 

8 and 

9 ‘‘(B) are designated as temporary members 

10 of the acquisition workforce by the Under Sec11 retary of Defense for Acquisition, Technology, 

12 and Logistics, or by the senior acquisition exec13 utive of a military department, for the limited 

14 purpose of receiving training for the perform15 ance of acquisition-related functions and du16 ties.’’. 

17 (b) EXTENSION OF EXPEDITED HIRING AUTHOR18 ITY.—Subsection (g) of such section, as redesignated by 

19 subsection (a)(4) of this section, is further amended in 

20 paragraph (2) by striking ‘‘September 30, 2015’’ and in21 serting ‘‘September 30, 2017’’. 

22 (c) PLAN REQUIRED.—Not later than 180 days after 

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

24 of Defense for Acquisition, Technology, and Logistics shall 

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1 vided by the amendments made by subsection (a) with re2 gard to temporary members of the defense acquisition 

3 workforce. The plan shall include policy, criteria, and 

4 processes for designating temporary members and appro5 priate safeguards to prevent the abuse of such authority. 

6 SEC. 804. DEPARTMENT OF DEFENSE POLICY ON CON7 TRACTOR PROFITS. 

8 (a) REVIEW OF GUIDELINES ON PROFITS.—The Sec9 retary of Defense shall review the profit guidelines in the 

10 Department of Defense Supplement to the Federal Acqui11 sition Regulation in order to identify any modifications to 

12 such guidelines that are necessary to ensure an appro13 priate link between contractor profit and contractor per14 formance. In conducting the review, the Secretary shall 

15 obtain the views of experts and interested parties in Gov16 ernment and the private sector. 

17 (b) MATTERS TO BE CONSIDERED.—In conducting 

18 the review required by subsection (a), the Secretary shall 

19 consider, at a minimum, the following: 

20 (1) Appropriate levels of profit needed to sus21 tain competition in the defense industry, taking into 

22 account contractor investment and cash flow. 

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1 tractor, taking into account the extent to which such 

2 risk is passed on to subcontractors. 

3 (3) Appropriate incentives for superior perform4 ance in delivering quality products and services in a 

5 timely and cost-effective manner, taking into account 

6 such factors as prime contractor cost reduction, con7 trol of overhead costs, subcontractor cost reduction, 

8 subcontractor management, and effective competi9 tion (including the use of small business) at the sub10 contract level. 

11 (c) MODIFICATION OF GUIDELINES.—Not later than 

12 180 days after the date of the enactment of this Act, the 

13 Secretary shall modify the profit guidelines described in 

14 subsection (a) to make such changes as the Secretary de15 termines to be appropriate based on the review conducted 

16 pursuant to that subsection. 

17 SEC. 805. MODIFICATION OF AUTHORITIES ON INTERNAL 

18 CONTROLS FOR PROCUREMENTS ON BEHALF 

19 OF THE DEPARTMENT OF DEFENSE BY CER20 TAIN NONDEFENSE AGENCIES. 

21 (a) DISCRETIONARY AUTHORITY.—Subsection (a) of 

22 section 801 of the National Defense Authorization Act for 

23 Fiscal Year 2008 (10 U.S.C. 2304 note) is amended—


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1 (1) in paragraph (1), by striking ‘‘shall, not 

2 later than the date specified in paragraph (2),’’ and 

3 inserting ‘‘may’’; 

4 (2) by striking paragraph (2); 

5 (3) by redesignating paragraphs (3) through 

6 (6) as paragraphs (2) through (5), respectively; 

7 (4) in paragraph (3), as redesignated by para8 graph (3) of this subsection—

9 (A) by striking ‘‘required under this sub10 section’’ and inserting ‘‘to be performed under 

11 this subsection’’; and 

12 (B) by striking ‘‘shall’’ and inserting 

13 ‘‘may’’; and 

14 (5) in paragraph (4), as so redesignated, by 

15 striking ‘‘shall’’ and inserting ‘‘may’’. 

16 (b) CONFORMING AMENDMENTS.—Subsection 

17 (b)(1)(B) of such section is amended—

18 (1) in clause (i), by striking ‘‘required by sub19 section (a)(4)’’ and inserting ‘‘to be entered into 

20 under subsection (a)(3)’’; and 

21 (2) in clause (ii)—

22 (A) by striking ‘‘required by subsection 

23 (a)’’ and inserting ‘‘provided for under sub24 section (a)’’; and 


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1 (B) by striking ‘‘subsection (a)(5)’’ and in2 serting ‘‘subsection (a)(4)’’. 

3 SEC. 806. EXTENSION OF AUTHORITY RELATING TO MAN4 AGEMENT OF SUPPLY-CHAIN RISK. 

5 (a) EXTENSION.—Section 806(g) of the Ike Skelton 

6 National Defense Authorization Act for Fiscal Year 2011 

7 (Public Law 111–383; 124 Stat. 4262; 10 U.S.C. 2304 

8 note) is amended by striking ‘‘the date that is three years 

9 after the date of the enactment of this Act’’ and inserting 

10 ‘‘September 30, 2018’’. 

11 (b) VERIFICATION OF EFFECTIVE IMPLEMENTA12 TION.—Section 806 of such Act is further amended by 

13 adding at the end the following new subsection: 

14 ‘‘(h) VERIFICATION OF EFFECTIVE IMPLEMENTA15 TION.—

16 ‘‘(1) CRITERIA AND DATA COLLECTION TO

17 MEASURE EFFECTIVENESS.—The Secretary of De18 fense shall—

19 ‘‘(A) establish criteria for measuring the 

20 effectiveness of the authority provided by this 

21 section; and 

22 ‘‘(B) collect data to evaluate the implemen23 tation of this section using such criteria. 

24 ‘‘(2) REPORTS.—The Secretary shall submit to 

25 the appropriate congressional committees—


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1 ‘‘(A) not later than March 1, 2013, a re2 port on the criteria established under paragraph 

3 (1)(A); and 

4 ‘‘(B) not later than January 1, 2017, a re5 port on the effectiveness of the implementation 

6 of this section, based on data collected under 

7 paragraph (1)(B).’’. 

8 (c) TECHNICAL AMENDMENT.—Section 806(f)(2) of 

9 such Act is amended by striking ‘‘that awarded’’ and in10 serting ‘‘that are awarded’’. 

11 SEC. 807. SENSE OF CONGRESS ON THE CONTINUING 

12 PROGRESS OF THE DEPARTMENT OF DE13 FENSE IN IMPLEMENTING ITS ITEM UNIQUE 

14 IDENTIFICATION INITIATIVE. 

15 (a) FINDINGS.—Congress makes the following find16 ings: 

17 (1) In 2003, the Department of Defense initi18 ated the Item Unique Identification (IUID) Initia19 tive, which requires the marking and tracking of as20 sets deployed throughout the Armed Forces or in the 

21 possession of Department contractors. 

22 (2) The Initiative has the potential for realizing 

23 significant cost savings and improving the manage24 ment of defense equipment and supplies throughout 

25 their lifecycle. 


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1 (3) The Initiative can help the Department 

2 combat the growing problem of counterfeit parts in 

3 the military supply chain. 

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

6 (1) to support efforts by the Department of De7 fense to implement the Item Unique Identification 

8 Initiative; 

9 (2) to support measures to verify contractor 

10 compliance with section 252.211–7003 (entitled 

11 ‘‘Item Identification and Valuation’’) of the Defense 

12 Supplement to the Federal Acquisition Regulation, 

13 on Unique Identification, which states that a unique 

14 identification equivalent recognized by the Depart15 ment is required for certain acquisitions; 

16 (3) to encourage the Armed Forces to adopt 

17 and implement Item Unique Identification actions 

18 and milestones; and 

19 (4) to support investment of sufficient resources 

20 and continued training and leadership to enable the 

21 Department to capture meaningful data and opti22 mize the benefits of the Item Unique Identification 

23 Initiative. 


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1 Subtitle B—Provisions Relating to 

2 Major Defense Acquisition Pro3 grams 

4 SEC. 811. LIMITATION ON USE OF COST-TYPE CONTRACTS. 

5 (a) PROHIBITION WITH RESPECT TO PRODUCTION

6 OF MAJOR DEFENSE ACQUISITION PROGRAMS.—Not later 

7 than 120 days after the date of the enactment of this Act, 

8 the Secretary of Defense shall modify the acquisition regu9 lations of the Department of Defense to prohibit the De10 partment from entering into cost-type contracts for the 

11 production of major defense acquisition programs. 

12 (b) EXCEPTION.—

13 (1) IN GENERAL.—The prohibition under sub14 section (a) shall not apply in the case of a particular 

15 cost-type contract if the Under Secretary of Defense 

16 for Acquisition, Technology, and Logistics provides 

17 written certification to the congressional defense 

18 committees that a cost-type contract is needed to 

19 provide a required capability in a timely and cost-ef20 fective manner. 

21 (2) SCOPE OF EXCEPTION.—In any case for 

22 which the Under Secretary grants an exception 

23 under paragraph (1), the Under Secretary shall take 

24 affirmative steps to make sure that the use of cost25 type pricing is limited to only those line items or 


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1 portions of the contract where such pricing is needed 

2 to achieve the purposes of the exception. A written 

3 certification under paragraph (1) shall be accom4 panied by an explanation of the steps taken under 

5 this paragraph. 

6 (c) DEFINITIONS.—In this section: 

7 (1) MAJOR DEFENSE ACQUISITION PROGRAM.—

8 The term ‘‘major defense acquisition program’’ has 

9 the meaning given the term in section 2430(a) of 

10 title 10, United States Code. 

11 (2) PRODUCTION OF A MAJOR DEFENSE ACQUI12 SITION PROGRAM.—The term ‘‘production of a major 

13 defense acquisition program’’ means the production 

14 and deployment of a major system that is intended 

15 to achieve an operational capability that satisfies 

16 mission needs, or any activity otherwise defined as 

17 Milestone C under Department of Defense Instruc18 tion 5000.02 or related authorities. 

19 (3) CONTRACT FOR THE PRODUCTION OF A

20 MAJOR DEFENSE ACQUISITION PROGRAM.—The term 

21 ‘‘contract for the production of a major defense ac22 quisition program’’—

23 (A) means a prime contract for the pro24 duction of a major defense acquisition program; 

25 and 


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1 (B) does not include individual line items 

2 for segregable efforts or contracts for the incre3 mental improvement of systems that are al4 ready in production (other than contracts for 

5 major upgrades that are themselves major de6 fense acquisition programs). 

7 (d) APPLICABILITY.—The requirements of this sec8 tion shall apply to contracts for the production of major 

9 defense acquisition programs entered into on or after Oc10 tober 1, 2014. 

11 SEC. 812. ESTIMATES OF POTENTIAL TERMINATION LIABIL12 ITY OF CONTRACTS FOR THE DEVELOPMENT 

13 OR PRODUCTION OF MAJOR DEFENSE ACQUI14 SITION PROGRAMS. 

15 (a) DEPARTMENT OF DEFENSE REVIEW.—Not later 

16 than 180 days after the date of the enactment of this Act, 

17 the Under Secretary of Defense for Acquisition, Tech18 nology, and Logistics shall review relevant acquisition 

19 guidance and take appropriate actions to ensure that pro20 gram managers for major defense acquisition programs 

21 are preparing estimates of potential termination liability 

22 for covered contracts, including how such termination li23 ability is likely to increase or decrease over the period of 

24 performance, and are giving appropriate consideration to 


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1 such estimates before making recommendations on deci2 sions to enter into or terminate such contracts. 

3 (b) COMPTROLLER GENERAL OF THE UNITED

4 STATES REPORT.—

5 (1) IN GENERAL.—Not later than 270 days 

6 after the date of the enactment of this Act, the 

7 Comptroller General of the United States shall sub8 mit to the congressional defense committees a report 

9 on the extent to which the Department of Defense 

10 is considering potential termination liability as a fac11 tor in entering into and in terminating covered con12 tracts. 

13 (2) MATTERS TO BE ADDRESSED.—The report 

14 required by paragraph (1) shall include, at a min15 imum, an assessment of the following: 

16 (A) The extent to which the Department of 

17 Defense developed estimates of potential termi18 nation liability for covered contracts entered 

19 into before the date of the enactment of this 

20 Act and how such termination liability was like21 ly to increase or decrease over the period of 

22 performance before making decisions to enter 

23 into or terminate such contracts. 

24 (B) The extent to which the Department 

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1 ability for such contracts and how such termi2 nation liability was likely to increase or de3 crease over the period of performance as a risk 

4 factor in deciding whether to enter into or ter5 minate such contracts. 

6 (c) COVERED CONTRACTS.—For purposes of this sec7 tion, a covered contract is a contract for the development 

8 or production of a major defense acquisition program for 

9 which potential termination liability could reasonably be 

10 expected to exceed $100,000,000. 

11 (d) MAJOR DEFENSE ACQUISITION PROGRAM DE12 FINED.—In this section, the term ‘‘major defense acquisi13 tion program’’ has the meaning given that term in section 

14 2430(a) of title 10, United States Code. 

15 SEC. 813. TECHNICAL CHANGE REGARDING PROGRAMS EX16 PERIENCING CRITICAL COST GROWTH DUE 

17 TO CHANGE IN QUANTITY PURCHASED. 

18 Section 2433a(c)(3)(A) of title 10, United States 

19 Code, is amended by striking ‘‘subparagraphs (B) and 

20 (C)’’ and inserting ‘‘subparagraphs (B), (C), and (E)’’. 


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1 SEC. 814. REPEAL OF REQUIREMENT TO REVIEW ONGOING 

2 PROGRAMS INITIATED BEFORE ENACTMENT 

3 OF MILESTONE B CERTIFICATION AND AP4 PROVAL PROCESS. 

5 Subsection (b) of section 205 of the Weapon Systems 

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

7 Stat. 1725; 10 U.S.C. 2366b note) is repealed. 

8 Subtitle C—Amendments to Gen9 eral Contracting Authorities, 

10 Procedures, and Limitations 

11 SEC. 821. MODIFICATION OF TIME PERIOD FOR CONGRES12 SIONAL NOTIFICATION OF THE LEASE OF 

13 CERTAIN VESSELS BY THE DEPARTMENT OF 

14 DEFENSE. 

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

16 is amended by striking ‘‘30 days of continuous session of 

17 Congress’’ and inserting ‘‘60 days’’. 

18 SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIM19 PLIFIED ACQUISITION PROCEDURES FOR 

20 CERTAIN COMMERCIAL ITEMS. 

21 (a) EXTENSION.—Effective as of January 1, 2012, 

22 section 4202 of the Clinger–Cohen Act of 1996 (division 

23 D of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 

24 note) is amended in subsection (e) by striking ‘‘2012’’ and 

25 inserting ‘‘2015’’. 


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1 (b) TECHNICAL AMENDMENT TO CROSS REF2 ERENCES.—Subsection (e) of such Act is further amended 

3 by striking ‘‘section 303(g)(1) of the Federal Property and 

4 Administrative Services Act of 1949, and section 31(a) of 

5 the Office of Federal Procurement Policy Act, as amended 

6 by this section,’’ and inserting ‘‘section 3305(a) of title 

7 41, United States Code, and section 1901(a) of title 41, 

8 United States Code,’’. 

9 SEC. 823. CODIFICATION AND AMENDMENT RELATING TO 

10 LIFE-CYCLE MANAGEMENT AND PRODUCT 

11 SUPPORT REQUIREMENTS. 

12 (a) CODIFICATION AND AMENDMENT.—

13 (1) IN GENERAL.—Chapter 137 of title 10, 

14 United States Code, as amended by section 331, is 

15 further amended by adding at the end the following 

16 new section: 

17 ‘‘§ 2337. Life-cycle management and product support 

18 ‘‘(a) GUIDANCE ON LIFE-CYCLE MANAGEMENT.—

19 The Secretary of Defense shall issue and maintain com20 prehensive guidance on life-cycle management and the de21 velopment and implementation of product support strate22 gies for major weapon systems. The guidance issued pur23 suant to this subsection shall—

24 ‘‘(1) maximize competition and make the best 

25 possible use of available Department of Defense and 


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1 industry resources at the system, subsystem, and 

2 component levels; and 

3 ‘‘(2) maximize value to the Department of De4 fense by providing the best possible product support 

5 outcomes at the lowest operations and support cost. 

6 ‘‘(b) PRODUCT SUPPORT MANAGERS.—

7 ‘‘(1) REQUIREMENT.—The Secretary of De8 fense shall require that each major weapon system 

9 be supported by a product support manager in ac10 cordance with this subsection. 

11 ‘‘(2) RESPONSIBILITIES.—A product support 

12 manager for a major weapon system shall—

13 ‘‘(A) develop and implement a comprehen14 sive product support strategy for the weapon 

15 system; 

16 ‘‘(B) use appropriate predictive analysis 

17 and modeling tools that can improve material 

18 availability and reliability, increase operational 

19 availability rates, and reduce operation and 

20 sustainment costs; 

21 ‘‘(C) conduct appropriate cost analyses to 

22 validate the product support strategy, including 

23 cost-benefit analyses as outlined in Office of 

24 Management and Budget Circular A–94; 


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1 ‘‘(D) ensure achievement of desired prod2 uct support outcomes through development and 

3 implementation of appropriate product support 

4 arrangements; 

5 ‘‘(E) adjust performance requirements and 

6 resource allocations across product support in7 tegrators and product support providers as nec8 essary to optimize implementation of the prod9 uct support strategy; 

10 ‘‘(F) periodically review product support 

11 arrangements between the product support inte12 grators and product support providers to ensure 

13 the arrangements are consistent with the overall 

14 product support strategy; 

15 ‘‘(G) prior to each change in the product 

16 support strategy or every five years, whichever 

17 occurs first, revalidate any business-case anal18 ysis performed in support of the product sup19 port strategy; and 

20 ‘‘(H) ensure that the product support 

21 strategy maximizes small business participation 

22 at the appropriate tiers. 

23 ‘‘(c) DEFINITIONS.—In this section: 

24 ‘‘(1) PRODUCT SUPPORT.—The term ‘product 

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1 quired to field and maintain the readiness and oper2 ational capability of major weapon systems, sub3 systems, and components, including all functions re4 lated to weapon system readiness. 

5 ‘‘(2) PRODUCT SUPPORT ARRANGEMENT.—The 

6 term ‘product support arrangement’ means a con7 tract, task order, or any type of other contractual 

8 arrangement, or any type of agreement or non-con9 tractual arrangement within the Federal Govern10 ment, for the performance of sustainment or logis11 tics support required for major weapon systems, 

12 subsystems, or components. The term includes ar13 rangements for any of the following: 

14 ‘‘(A) Performance-based logistics. 

15 ‘‘(B) Sustainment support. 

16 ‘‘(C) Contractor logistics support. 

17 ‘‘(D) Life-cycle product support. 

18 ‘‘(E) Weapon systems product support. 

19 ‘‘(3) PRODUCT SUPPORT INTEGRATOR.—The 

20 term ‘product support integrator’ means an entity 

21 within the Federal Government or outside the Fed22 eral Government charged with integrating all sources 

23 of product support, both private and public, defined 

24 within the scope of a product support arrangement. 


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1 ‘‘(4) PRODUCT SUPPORT PROVIDER.—The term 

2 ‘product support provider’ means an entity that pro3 vides product support functions. The term includes 

4 an entity within the Department of Defense, an enti5 ty within the private sector, or a partnership be6 tween such entities. 

7 ‘‘(5) MAJOR WEAPON SYSTEM.—The term 

8 ‘major weapon system’ means a major system within 

9 the meaning of section 2302d(a) of this title.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 137 of such title, 

12 as so amended, is further amended by adding at the 

13 end the following new item:

‘‘2337. Life-cycle management and product support.’’.

14 (b) REPEAL OF SUPERSEDED SECTION.—Section 

15 805 of the National Defense Authorization Act for Fiscal 

16 Year 2010 (Public Law 111–84; 10 U.S.C. 2302 note) is 

17 repealed. 

18 SEC. 824. CODIFICATION OF REQUIREMENT RELATING TO 

19 GOVERNMENT PERFORMANCE OF CRITICAL 

20 ACQUISITION FUNCTIONS. 

21 (a) CODIFICATION.—

22 (1) IN GENERAL.—Subchapter I of chapter 87 

23 of title 10, United States Code, is amended by add24 ing at the end the following new section: 


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1 ‘‘§ 1706. Government performance of certain acquisi2 tion functions 

3 ‘‘(a) GOAL.—It shall be the goal of the Department 

4 of Defense and each of the military departments to ensure 

5 that, for each major defense acquisition program and each 

6 major automated information system program, each of the 

7 following positions is performed by a properly qualified 

8 member of the armed forces or full-time employee of the 

9 Department of Defense: 

10 ‘‘(1) Program executive officer. 

11 ‘‘(2) Deputy program executive officer. 

12 ‘‘(3) Program manager. 

13 ‘‘(4) Deputy program manager. 

14 ‘‘(5) Senior contracting official. 

15 ‘‘(6) Chief developmental tester. 

16 ‘‘(7) Program lead product support manager. 

17 ‘‘(8) Program lead systems engineer. 

18 ‘‘(9) Program lead cost estimator. 

19 ‘‘(10) Program lead contracting officer. 

20 ‘‘(11) Program lead business financial manager. 

21 ‘‘(12) Program lead production, quality, and 

22 manufacturing. 

23 ‘‘(13) Program lead information technology. 

24 ‘‘(b) PLAN OF ACTION.—The Secretary of Defense 

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1 ment of military and civilian personnel to achieve the ob2 jective established in subsection (a). 

3 ‘‘(c) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘major defense acquisition pro5 gram’ has the meaning given such term in section 

6 2430(a) of this title. 

7 ‘‘(2) The term ‘major automated information 

8 system program’ has the meaning given such term 

9 in section 2445a(a) of this title.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such subchapter is amend12 ed by adding at the end the following new item:

‘‘1706. Government performance of certain acquisition functions.’’.

13 (b) REPEAL OF SUPERSEDED SECTION.—Section 

14 820 of the John Warner National Defense Authorization 

15 Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 

16 1701 note) is repealed. 

17 SEC. 825. COMPETITION IN ACQUISITION OF MAJOR SUB18 SYSTEMS AND SUBASSEMBLIES ON MAJOR 

19 DEFENSE ACQUISITION PROGRAMS. 

20 Section 202(c) of the Weapon Systems Acquisition 

21 Reform Act of 2009 (Public Law 111–23; 123 Stat. 1720; 

22 10 U.S.C. 2430 note) is amended—

23 (1) in the matter preceding paragraph (1), by 

24 striking ‘‘fair and objective ‘make-buy’ decisions by 


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1 prime contractors’’ and inserting ‘‘competition or the 

2 option of competition at the subcontract level’’; 

3 (2) by redesignating paragraphs (1), (2), and 

4 (3) as paragraphs (2), (3), and (4), respectively; and 

5 (3) by inserting before paragraph (2), as redes6 ignated by paragraph (2) of this section, the fol7 lowing new paragraph (1): 

8 ‘‘(1) where appropriate, breaking out a major 

9 subsystem, conducting a separate competition for 

10 the subsystem, and providing the subsystem to the 

11 prime contractor as Government-furnished equip12 ment;’’. 

13 SEC. 826. COMPLIANCE WITH BERRY AMENDMENT RE14 QUIRED FOR UNIFORM COMPONENTS SUP15 PLIED TO AFGHAN MILITARY OR AFGHAN NA16 TIONAL POLICE. 

17 (a) REQUIREMENT.—In the case of any textile com18 ponents supplied by the Department of Defense to the Af19 ghan National Army or the Afghan National Police for 

20 purposes of production of uniforms, section 2533a of title 

21 10, United States Code, shall apply, and no exceptions or 

22 exemptions under that section shall apply. 

23 (b) EFFECTIVE DATE.—This section shall apply to 

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1 ment of such components after the date of the enactment 

2 of this Act. 

3 SEC. 827. ENHANCEMENT OF WHISTLEBLOWER PROTEC4 TIONS FOR CONTRACTOR EMPLOYEES. 

5 (a) IN GENERAL.—Subsection (a) of section 2409 of 

6 title 10, United States Code, is amended—

7 (1) by inserting ‘‘(1)’’ before ‘‘An employee’’; 

8 (2) in paragraph (1), as so designated—

9 (A) by inserting ‘‘or subcontractor’’ after 

10 ‘‘employee of a contractor’’; 

11 (B) by striking ‘‘a Member of Congress’’ 

12 and all that follows through ‘‘the Department 

13 of Justice’’ and inserting ‘‘a person or body de14 scribed in paragraph (2)’’; and 

15 (C) by striking ‘‘evidence of’’ and all that 

16 follows and inserting the following: ‘‘evidence of 

17 the following: 

18 ‘‘(A) Gross mismanagement of a Department of 

19 Defense contract or grant, a gross waste of Depart20 ment funds, an abuse of authority relating to a De21 partment contract or grant, or a violation of law, 

22 rule, or regulation related to a Department contract 

23 (including the competition for or negotiation of a 

24 contract) or grant. 


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1 ‘‘(B) Gross mismanagement of a National Aero2 nautics and Space Administration contract or grant, 

3 a gross waste of Administration funds, an abuse of 

4 authority relating to an Administration contract or 

5 grant, or a violation of law, rule, or regulation re6 lated to an Administration contract (including the 

7 competition for or negotiation of a contract) or 

8 grant. 

9 ‘‘(C) A substantial and specific danger to public 

10 health or safety.’’; and 

11 (3) by adding at the end the following new 

12 paragraphs: 

13 ‘‘(2) The persons and bodies described in this para14 graph are the persons and bodies as follows: 

15 ‘‘(A) A Member of Congress or a representative 

16 of a committee of Congress. 

17 ‘‘(B) An Inspector General. 

18 ‘‘(C) The Government Accountability Office. 

19 ‘‘(D) An employee of the Department of De20 fense or the National Aeronautics and Space Admin21 istration, as applicable, responsible for contract over22 sight or management. 

23 ‘‘(E) An authorized official of the Department 

24 of Justice or other law enforcement agency. 

25 ‘‘(F) A court or grand jury. 


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1 ‘‘(G) A management official or other employee 

2 of the contractor or subcontractor who has the re3 sponsibility to investigate, discover, or address mis4 conduct. 

5 ‘‘(3) For the purposes of paragraph (1)—

6 ‘‘(A) an employee who initiates or provides evi7 dence of contractor or subcontractor misconduct in 

8 any judicial or administrative proceeding relating to 

9 waste, fraud, or abuse on a Department of Defense 

10 or National Aeronautics and Space Administration 

11 contract or grant shall be deemed to have made a 

12 disclosure covered by such paragraph; and 

13 ‘‘(B) a reprisal described in paragraph (1) is 

14 prohibited even if it is undertaken at the request of 

15 a Department or Administration official, unless the 

16 request takes the form of a nondiscretionary direc17 tive and is within the authority of the Department 

18 or Administration official making the request.’’. 

19 (b) INVESTIGATION OF COMPLAINTS.—Subsection 

20 (b) of such section is amended—

21 (1) in paragraph (1), by inserting ‘‘fails to al22 lege a violation of the prohibition in subsection (a), 

23 or has previously been addressed in another Federal 

24 or State judicial or administrative proceeding initi25 ated by the complainant,’’ after ‘‘is frivolous,’’; 


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1 (2) in paragraph (2)—

2 (A) in subparagraph (A), by inserting ‘‘, 

3 fails to allege a violation of the prohibition in 

4 subsection (a), or has previously been addressed 

5 in another Federal or State judicial or adminis6 trative proceeding initiated by the complainant’’ 

7 after ‘‘is frivolous’’; and 

8 (B) in subparagraph (B), by inserting ‘‘, 

9 up to 180 days,’’ after ‘‘such additional period 

10 of time’’; and 

11 (3) by adding at the end the following new 

12 paragraphs: 

13 ‘‘(3) The Inspector General may not respond to any 

14 inquiry or disclose any information from or about any per15 son alleging the reprisal, except to the extent that such 

16 response or disclosure is—

17 ‘‘(A) made with the consent of the person alleg18 ing the reprisal; 

19 ‘‘(B) made in accordance with the provisions of 

20 section 552a of title 5 or as required by any other 

21 applicable Federal law; or 

22 ‘‘(C) necessary to conduct an investigation of 

23 the alleged reprisal. 


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1 ‘‘(4) A complaint may not be brought under this sub2 section more than three years after the date on which the 

3 alleged reprisal took place.’’. 

4 (c) REMEDY AND ENFORCEMENT AUTHORITY.—Sub5 section (c) of such section is amended—

6 (1) in paragraph (1)(B), by striking ‘‘the com7 pensation (including back pay)’’ and inserting ‘‘com8 pensatory damages (including back pay)’’; 

9 (2) in paragraph (2), by adding at the end fol10 lowing new sentence: ‘‘An action under this para11 graph may not be brought more than two years after 

12 the date on which remedies are deemed to have been 

13 exhausted.’’; 

14 (3) in paragraph (4), by striking ‘‘and compen15 satory and exemplary damages.’’ and inserting ‘‘, 

16 compensatory and exemplary damages, and reason17 able attorney fees and costs. The person upon whose 

18 behalf an order was issued may also file such an ac19 tion or join in an action filed by the head of the 

20 agency.’’; 

21 (4) in paragraph (5), by adding at the end the 

22 following new sentence: ‘‘Filing such an appeal shall 

23 not act to stay the enforcement of the order of the 

24 head of an agency, unless a stay is specifically en25 tered by the court.’’; and 


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1 (5) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(6) The legal burdens of proof specified in section 

4 1221(e) of title 5 shall be controlling for the purposes of 

5 any investigation conducted by an Inspector General, deci6 sion by the head of an agency, or judicial or administrative 

7 proceeding to determine whether discrimination prohibited 

8 under this section has occurred. 

9 ‘‘(7) The rights and remedies provided for in this sec10 tion may not be waived by any agreement, policy, form, 

11 or condition of employment.’’. 

12 (d) NOTIFICATION OF EMPLOYEES.—Such section is 

13 further amended—

14 (1) by redesignating subsections (d) and (e) as 

15 subsections (f) and (g), respectively; and 

16 (2) by inserting after subsection (c) the fol17 lowing new subsection (d): 

18 ‘‘(d) NOTIFICATION OF EMPLOYEES.—The Secretary 

19 of Defense and the Administrator of the National Aero20 nautics and Space Administration shall ensure that con21 tractors and subcontractors of the Department of Defense 

22 and the National Aeronautics and Space Administration, 

23 as applicable, inform their employees in writing of the 

24 rights and remedies provided under this section, in the 

25 predominant native language of the workforce.’’. 


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1 (e) EXCEPTIONS FOR INTELLIGENCE COMMUNITY.—

2 Such section is further amended by inserting after sub3 section (d), as added by subsection (d)(2) of this section, 

4 the following new subsection (e): 

5 ‘‘(e) EXCEPTIONS.—(1) This section shall not apply 

6 to any element of the intelligence community, as defined 

7 in section 3(4) of the National Security Act of 1947 (50 

8 U.S.C. 401a(4)). 

9 ‘‘(2) This section shall not apply to any disclosure 

10 made by an employee of a contractor, subcontractor, or 

11 grantee of an element of the intelligence community if 

12 such disclosure—

13 ‘‘(A) relates to an activity of an element of the 

14 intelligence community; or 

15 ‘‘(B) was discovered during contract, sub16 contract, or grantee services provided to an element 

17 of the intelligence community.’’. 

18 (f) ABUSE OF AUTHORITY DEFINED.—Subsection 

19 (g) of such section, as redesignated by subsection (d)(1) 

20 of this section, is further amended by adding at the end 

21 the following new paragraph: 

22 ‘‘(6) The term ‘abuse of authority’ means the 

23 following: 

24 ‘‘(A) An arbitrary and capricious exercise 

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1 sion of the Department of Defense or the suc2 cessful performance of a Department contract 

3 or grant. 

4 ‘‘(B) An arbitrary and capricious exercise 

5 of authority that is inconsistent with the mis6 sion of the National Aeronautics and Space Ad7 ministration or the successful performance of 

8 an Administration contract or grant.’’. 

9 (g) ALLOWABILITY OF LEGAL FEES.—Section 

10 2324(k) of such title is amended—

11 (1) in paragraph (1), by striking ‘‘commenced 

12 by the United States or a State’’ and inserting 

13 ‘‘commenced by the United States, by a State, or by 

14 a contractor employee submitting a complaint under 

15 section 2409 of this title’’; and 

16 (2) in paragraph (2)(C), by striking ‘‘the impo17 sition of a monetary penalty’’ and inserting ‘‘the im18 position of a monetary penalty or an order to take 

19 corrective action under section 2409 of this title’’. 

20 (h) CONSTRUCTION.—Nothing in this section, or the 

21 amendments made by this section, shall be construed to 

22 provide any rights to disclose classified information not 

23 otherwise provided by law. 

24 (i) EFFECTIVE DATE.—


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1 (1) IN GENERAL.—The amendments made by 

2 this section shall take effect on the date that is 180 

3 days after the date of the enactment of this Act, and 

4 shall apply to—

5 (A) all contracts awarded on or after such 

6 date; 

7 (B) all task orders entered on or after such 

8 date pursuant to contracts awarded before, on, 

9 or after such date; and 

10 (C) all contracts awarded before such date 

11 that are modified to include a contract clause 

12 providing for the applicability of such amend13 ments. 

14 (2) REVISION OF SUPPLEMENTS TO THE FAR.—

15 Not later than 180 days after the date of the enact16 ment of this Act, the Department of Defense Sup17 plement to the Federal Acquisition Regulation and 

18 the National Aeronautics and Space Administration 

19 Supplement to the Federal Acquisition Regulation 

20 shall each be revised to implement the requirements 

21 arising under the amendments made by this section. 

22 (3) INCLUSION OF CONTRACT CLAUSE IN CON23 TRACTS AWARDED BEFORE EFFECTIVE DATE.—At 

24 the time of any major modification to a contract 

25 that was awarded before the date that is 180 days 


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1 after the date of the enactment of this Act, the head 

2 of the contracting agency shall make best efforts to 

3 include in the contract a contract clause providing 

4 for the applicability of the amendments made by this 

5 section to the contract. 

6 SEC. 828. PILOT PROGRAM FOR ENHANCEMENT OF CON7 TRACTOR EMPLOYEE WHISTLEBLOWER PRO8 TECTIONS. 

9 (a) WHISTLEBLOWER PROTECTIONS.—

10 (1) IN GENERAL.—Chapter 47 of title 41, 

11 United States Code, is amended by adding at the 

12 end the following new section: 

13 ‘‘§ 4712. Pilot program for enhancement of contractor 

14 protection from reprisal for disclosure of 

15 certain information 

16 ‘‘(a) PROHIBITION OF REPRISALS.—

17 ‘‘(1) IN GENERAL.—An employee of a con18 tractor, subcontractor, or grantee may not be dis19 charged, demoted, or otherwise discriminated 

20 against as a reprisal for disclosing to a person or 

21 body described in paragraph (2) information that 

22 the employee reasonably believes is evidence of gross 

23 mismanagement of a Federal contract or grant, a 

24 gross waste of Federal funds, an abuse of authority 

25 relating to a Federal contract or grant, a substantial 


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1 and specific danger to public health or safety, or a 

2 violation of law, rule, or regulation related to a Fed3 eral contract (including the competition for or nego4 tiation of a contract) or grant. 

5 ‘‘(2) PERSONS AND BODIES COVERED.—The 

6 persons and bodies described in this paragraph are 

7 the persons and bodies as follows: 

8 ‘‘(A) A Member of Congress or a rep9 resentative of a committee of Congress. 

10 ‘‘(B) An Inspector General. 

11 ‘‘(C) The Government Accountability Of12 fice. 

13 ‘‘(D) A Federal employee responsible for 

14 contract or grant oversight or management at 

15 the relevant agency. 

16 ‘‘(E) An authorized official of the Depart17 ment of Justice or other law enforcement agen18 cy. 

19 ‘‘(F) A court or grand jury. 

20 ‘‘(G) A management official or other em21 ployee of the contractor, subcontractor, or 

22 grantee who has the responsibility to inves23 tigate, discover, or address misconduct. 

24 ‘‘(3) RULES OF CONSTRUCTION.—For the pur25 poses of paragraph (1)—


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1 ‘‘(A) an employee who initiates or provides 

2 evidence of contractor, subcontractor, or grant3 ee misconduct in any judicial or administrative 

4 proceeding relating to waste, fraud, or abuse on 

5 a Federal contract or grant shall be deemed to 

6 have made a disclosure covered by such para7 graph; and 

8 ‘‘(B) a reprisal described in paragraph (1) 

9 is prohibited even if it is undertaken at the re10 quest of an executive branch official, unless the 

11 request takes the form of a non-discretionary 

12 directive and is within the authority of the exec13 utive branch official making the request. 

14 ‘‘(b) INVESTIGATION OF COMPLAINTS.—

15 ‘‘(1) SUBMISSION OF COMPLAINT.—A person 

16 who believes that the person has been subjected to 

17 a reprisal prohibited by subsection (a) may submit 

18 a complaint to the Inspector General of the executive 

19 agency involved. Unless the Inspector General deter20 mines that the complaint is frivolous, fails to allege 

21 a violation of the prohibition in subsection (a), or 

22 has previously been addressed in another Federal or 

23 State judicial or administrative proceeding initiated 

24 by the complainant, the Inspector General shall in25 vestigate the complaint and, upon completion of such 


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1 investigation, submit a report of the findings of the 

2 investigation to the person, the contractor or grantee 

3 concerned, and the head of the agency. 

4 ‘‘(2) INSPECTOR GENERAL ACTION.—

5 ‘‘(A) DETERMINATION OR SUBMISSION OF

6 REPORT ON FINDINGS.—Except as provided 

7 under subparagraph (B), the Inspector General 

8 shall make a determination that a complaint is 

9 frivolous, fails to allege a violation of the prohi10 bition in subsection (a), or has previously been 

11 addressed in another Federal or State judicial 

12 or administrative proceeding initiated by the 

13 complainant or submit a report under para14 graph (1) within 180 days after receiving the 

15 complaint. 

16 ‘‘(B) EXTENSION OF TIME.—If the Inspec17 tor General is unable to complete an investiga18 tion in time to submit a report within the 180-

19 day period specified in subparagraph (A) and 

20 the person submitting the complaint agrees to 

21 an extension of time, the Inspector General 

22 shall submit a report under paragraph (1) with23 in such additional period of time, up to 180 

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1 spector General and the person submitting the 

2 complaint. 

3 ‘‘(3) PROHIBITION ON DISCLOSURE.—The In4 spector General may not respond to any inquiry or 

5 disclose any information from or about any person 

6 alleging the reprisal, except to the extent that such 

7 response or disclosure is—

8 ‘‘(A) made with the consent of the person 

9 alleging the reprisal; 

10 ‘‘(B) made in accordance with the provi11 sions of section 552a of title 5 or as required 

12 by any other applicable Federal law; or 

13 ‘‘(C) necessary to conduct an investigation 

14 of the alleged reprisal. 

15 ‘‘(4) TIME LIMITATION.—A complaint may not 

16 be brought under this subsection more than three 

17 years after the date on which the alleged reprisal 

18 took place. 

19 ‘‘(c) REMEDY AND ENFORCEMENT AUTHORITY.—

20 ‘‘(1) IN GENERAL.—Not later than 30 days 

21 after receiving an Inspector General report pursuant 

22 to subsection (b), the head of the executive agency 

23 concerned shall determine whether there is sufficient 

24 basis to conclude that the contractor or grantee con25 cerned has subjected the complainant to a reprisal 


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1 prohibited by subsection (a) and shall either issue an 

2 order denying relief or shall take one or more of the 

3 following actions: 

4 ‘‘(A) Order the contractor or grantee to 

5 take affirmative action to abate the reprisal. 

6 ‘‘(B) Order the contractor or grantee to re7 instate the person to the position that the per8 son held before the reprisal, together with com9 pensatory damages (including back pay), em10 ployment benefits, and other terms and condi11 tions of employment that would apply to the 

12 person in that position if the reprisal had not 

13 been taken. 

14 ‘‘(C) Order the contractor or grantee to 

15 pay the complainant an amount equal to the 

16 aggregate amount of all costs and expenses (in17 cluding attorneys’ fees and expert witnesses’ 

18 fees) that were reasonably incurred by the com19 plainant for, or in connection with, bringing the 

20 complaint regarding the reprisal, as determined 

21 by the head of the executive agency. 

22 ‘‘(2) EXHAUSTION OF REMEDIES.—If the head 

23 of an executive agency issues an order denying relief 

24 under paragraph (1) or has not issued an order 

25 within 210 days after the submission of a complaint 


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1 under subsection (b), or in the case of an extension 

2 of time under paragraph (b)(2)(B), not later than 

3 30 days after the expiration of the extension of time, 

4 and there is no showing that such delay is due to 

5 the bad faith of the complainant, the complainant 

6 shall be deemed to have exhausted all administrative 

7 remedies with respect to the complaint, and the com8 plainant may bring a de novo action at law or equity 

9 against the contractor or grantee to seek compen10 satory damages and other relief available under this 

11 section in the appropriate district court of the 

12 United States, which shall have jurisdiction over 

13 such an action without regard to the amount in con14 troversy. Such an action shall, at the request of ei15 ther party to the action, be tried by the court with 

16 a jury. An action under this paragraph may not be 

17 brought more than two years after the date on which 

18 remedies are deemed to have been exhausted. 

19 ‘‘(3) ADMISSIBILITY OF EVIDENCE.—An Inspec20 tor General determination and an agency head order 

21 denying relief under paragraph (2) shall be admis22 sible in evidence in any de novo action at law or eq23 uity brought pursuant to this subsection. 

24 ‘‘(4) ENFORCEMENT OF ORDERS.—Whenever a 

25 person fails to comply with an order issued under 


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1 paragraph (1), the head of the executive agency con2 cerned shall file an action for enforcement of such 

3 order in the United States district court for a dis4 trict in which the reprisal was found to have oc5 curred. In any action brought under this paragraph, 

6 the court may grant appropriate relief, including in7 junctive relief, compensatory and exemplary dam8 ages, and attorney fees and costs. The person upon 

9 whose behalf an order was issued may also file such 

10 an action or join in an action filed by the head of 

11 the executive agency. 

12 ‘‘(5) JUDICIAL REVIEW.—Any person adversely 

13 affected or aggrieved by an order issued under para14 graph (1) may obtain review of the order’s conform15 ance with this subsection, and any regulations issued 

16 to carry out this section, in the United States court 

17 of appeals for a circuit in which the reprisal is al18 leged in the order to have occurred. No petition 

19 seeking such review may be filed more than 60 days 

20 after issuance of the order by the head of the execu21 tive agency. Review shall conform to chapter 7 of 

22 title 5. Filing such an appeal shall not act to stay 

23 the enforcement of the order of the head of an exec24 utive agency, unless a stay is specifically entered by 

25 the court. 


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1 ‘‘(6) BURDENS OF PROOF.—The legal burdens 

2 of proof specified in section 1221(e) of title 5 shall 

3 be controlling for the purposes of any investigation 

4 conducted by an Inspector General, decision by the 

5 head of an executive agency, or judicial or adminis6 trative proceeding to determine whether discrimina7 tion prohibited under this section has occurred. 

8 ‘‘(7) RIGHTS AND REMEDIES NOT WAIVABLE.—

9 The rights and remedies provided for in this section 

10 may not be waived by any agreement, policy, form, 

11 or condition of employment. 

12 ‘‘(d) NOTIFICATION OF EMPLOYEES.—The head of 

13 each executive agency shall ensure that contractors, sub14 contractors, and grantees of the agency inform their em15 ployees in writing of the rights and remedies provided 

16 under this section, in the predominant native language of 

17 the workforce. 

18 ‘‘(e) CONSTRUCTION.—Nothing in this section may 

19 be construed to authorize the discharge of, demotion of, 

20 or discrimination against an employee for a disclosure 

21 other than a disclosure protected by subsection (a) or to 

22 modify or derogate from a right or remedy otherwise avail23 able to the employee. 

24 ‘‘(f) EXCEPTIONS.—(1) This section shall not apply 

25 to any element of the intelligence community, as defined 


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1 in section 3(4) of the National Security Act of 1947 (50 

2 U.S.C. 401a(4)). 

3 ‘‘(2) This section shall not apply to any disclosure 

4 made by an employee of a contractor, subcontractor, or 

5 grantee of an element of the intelligence community if 

6 such disclosure—

7 ‘‘(A) relates to an activity of an element of the 

8 intelligence community; or 

9 ‘‘(B) was discovered during contract, sub10 contract, or grantee services provided to an element 

11 of the intelligence community. 

12 ‘‘(g) DEFINITIONS.—In this section: 

13 ‘‘(1) The term ‘abuse of authority’ means an 

14 arbitrary and capricious exercise of authority that is 

15 inconsistent with the mission of the executive agency 

16 concerned or the successful performance of a con17 tract or grant of such agency. 

18 ‘‘(2) The term ‘Inspector General’ means an In19 spector General appointed under the Inspector Gen20 eral Act of 1978 and any Inspector General that re21 ceives funding from, or has oversight over contracts 

22 or grants awarded for or on behalf of, the executive 

23 agency concerned. 

24 ‘‘(h) CONSTRUCTION.—Nothing in this section, or the 

25 amendments made by this section, shall be construed to 


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1 provide any rights to disclose classified information not 

2 otherwise provided by law. 

3 ‘‘(i) DURATION OF SECTION.—This section shall be 

4 in effect for the four-year period beginning on the date 

5 of the enactment of this section.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such chapter is amended 

8 by adding at the end the following new item:

‘‘4712. Pilot program for enhancement of contractor protection from reprisal for 

disclosure of certain information.’’.

9 (b) EFFECTIVE DATE.—

10 (1) IN GENERAL.—The amendments made by 

11 subsection (a) shall take effect on the date that is 

12 180 days after the date of the enactment of this Act, 

13 and shall, during the period section 4712 of title 41, 

14 United States Code, as added by such subsection, is 

15 in effect, apply to—

16 (A) all contracts and grants awarded on or 

17 after such date; 

18 (B) all task orders entered on or after such 

19 date pursuant to contracts awarded before, on, 

20 or after such date; and 

21 (C) all contracts awarded before such date 

22 that are modified to include a contract clause 

23 providing for the applicability of such amend24 ments. 


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1 (2) REVISION OF FEDERAL ACQUISITION REGU2 LATION.—Not later than 180 days after the date of 

3 the enactment of this Act, the Federal Acquisition 

4 Regulation shall be revised to implement the require5 ments arising under the amendments made by this 

6 section. 

7 (3) INCLUSION OF CONTRACT CLAUSE IN CON8 TRACTS AWARDED BEFORE EFFECTIVE DATE.—At 

9 the time of any major modification to a contract 

10 that was awarded before the date that is 180 days 

11 after the date of the enactment of this Act, the head 

12 of the contracting agency shall make best efforts to 

13 include in the contract a contract clause providing 

14 for the applicability of the amendments made by this 

15 section to the contract. 

16 (c) SUSPENSION OF EFFECTIVENESS OF SECTION

17 4705 OF TITLE 41, UNITED STATES CODE, WHILE PILOT

18 PROGRAM IS IN EFFECT.—Section 4705 of title 41, 

19 United States Code, is amended by adding at the end the 

20 following new subsection: 

21 ‘‘(f) FOUR-YEAR SUSPENSION OF EFFECTIVENESS

22 WHILE PILOT PROGRAM IS IN EFFECT.—While section 

23 4712 of this title is in effect, this section shall not be in 

24 effect.’’. 


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1 (d) ALLOWABILITY OF LEGAL FEES.—Section 4310 

2 of title 41, United States Code, is amended—

3 (1) in subsection (b), by striking ‘‘commenced 

4 by the Federal Government or a State’’ and insert5 ing ‘‘commenced by the Federal Government, by a 

6 State, or by a contractor or grantee employee sub7 mitting a complaint under section 4712 of this 

8 title’’; and 

9 (2) in subsection (c)(3), by striking ‘‘the impo10 sition of a monetary penalty’’ and inserting ‘‘the im11 position of a monetary penalty or an order to take 

12 corrective action under section 4712 of this title’’. 

13 (e) GOVERNMENT ACCOUNTABILITY OFFICE STUDY

14 AND REPORT.—

15 (1) STUDY.—Not later than three years after 

16 the date of the enactment of this Act, the Comp17 troller General of the United States shall begin con18 ducting a study to evaluate the implementation of 

19 section 4712 of title 41, United States Code, as 

20 added by subsection (a). 

21 (2) REPORT.—Not later than four years after 

22 the date of the enactment of this Act, the Comp23 troller General shall submit to Congress a report on 

24 the results of the study required by paragraph (1), 


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1 with such findings and recommendations as the 

2 Comptroller General considers appropriate. 

3 SEC. 829. EXTENSION OF CONTRACTOR CONFLICT OF IN4 TEREST LIMITATIONS. 

5 (a) ASSESSMENT OF EXTENSION OF LIMITATIONS TO

6 CERTAIN ADDITIONAL FUNCTIONS AND CONTRACTS.—

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

8 of this Act, the Secretary of Defense shall review the guid9 ance on personal conflicts of interest for contractor em10 ployees issued pursuant to section 841(a) of the Duncan 

11 Hunter National Defense Authorization Act for Fiscal 

12 Year 2009 (Public Law 110–417; 122 Stat. 4537) in 

13 order to determine whether it would be in the best interest 

14 of the Department of Defense and the taxpayers to extend 

15 such guidance to personal conflicts of interest by con16 tractor personnel performing any of the following: 

17 (1) Functions other than acquisition functions 

18 that are closely associated with inherently govern19 mental functions (as that term is defined in section 

20 2383(b)(3) of title 10, United States Code). 

21 (2) Personal services contracts (as that term is 

22 defined in section 2330a(g)(5) of title 10, United 

23 States Code). 

24 (3) Contracts for staff augmentation services 

25 (as that term is defined in section 808(d)(3) of the 


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1 National Defense Authorization Act for Fiscal Year 

2 2012 (Public Law 112–81; 125 Stat. 1490)). 

3 (b) EXTENSION OF LIMITATIONS.—If the Secretary 

4 determines pursuant to the review under subsection (a) 

5 that the guidance on personal conflicts of interest should 

6 be extended, the Secretary shall revise the Defense Sup7 plement to the Federal Acquisition Regulation to the ex8 tent necessary to achieve such extension. 

9 (c) RESULTS OF REVIEW.—Not later than 180 days 

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

11 shall document in writing the results of the review con12 ducted under subsection (a), including, at a minimum—

13 (1) the findings and recommendations of the re14 view; and 

15 (2) the basis for such findings and rec16 ommendations. 

17 SEC. 830. REPEAL OF SUNSET FOR CERTAIN PROTESTS OF 

18 TASK AND DELIVERY ORDER CONTRACTS. 

19 Section 2304c(e) of title 10, United States Code, is 

20 amended by striking paragraph (3). 

21 SEC. 831. GUIDANCE AND TRAINING RELATED TO EVALU22 ATING REASONABLENESS OF PRICE. 

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

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

25 of Defense for Acquisition, Technology, and Logistics shall 


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1 issue guidance on the use of the authority provided by sec2 tions 2306a(d) and 2379 of title 10, United States Code. 

3 The guidance shall—

4 (1) include standards for determining whether 

5 information on the prices at which the same or simi6 lar items have previously been sold is adequate for 

7 evaluating the reasonableness of price; 

8 (2) include standards for determining the ex9 tent of uncertified cost information that should be 

10 required in cases in which price information is not 

11 adequate for evaluating the reasonableness of price; 

12 (3) ensure that in cases in which such 

13 uncertified cost information is required, the informa14 tion shall be provided in the form in which it is reg15 ularly maintained by the offeror in its business oper16 ations; and 

17 (4) provide that no additional cost information 

18 may be required by the Department of Defense in 

19 any case in which there are sufficient non-Govern20 ment sales to establish reasonableness of price. 

21 (b) TRAINING AND EXPERTISE.—Not later than 270 

22 days after the date of the enactment of this Act, the Under 

23 Secretary of Defense for Acquisition, Technology, and Lo24 gistics shall develop and begin implementation of a plan 

25 of action to—


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1 (1) train the acquisition workforce on the use of 

2 the authority provided by sections 2306a(d) and 

3 2379 of title 10, United States Code, in evaluating 

4 reasonableness of price in procurements of commer5 cial items; and 

6 (2) develop a cadre of experts within the De7 partment of Defense to provide expert advice to the 

8 acquisition workforce in the use of the authority pro9 vided by such sections in accordance with the guid10 ance issued pursuant to subsection (a). 

11 (c) DOCUMENTATION REQUIREMENTS.—The Under 

12 Secretary of Defense for Acquisition, Technology, and Lo13 gistics shall ensure that requests for uncertified cost infor14 mation for the purposes of evaluating reasonableness of 

15 price are sufficiently documented. The Under Secretary 

16 shall require that the contract file include, at a minimum, 

17 the following: 

18 (1) A justification of the need for additional 

19 cost information. 

20 (2) A copy of any request from the Department 

21 of Defense to a contractor for additional cost infor22 mation. 

23 (3) Any response received from the contractor 

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1 tion provided by the contractor for a failure to pro2 vide the requested information. 

3 (d) COMPTROLLER GENERAL REVIEW AND RE4 PORT.—

5 (1) REVIEW REQUIREMENT.—The Comptroller 

6 General of the United States shall conduct a review 

7 of data collected pursuant to sections 2306a(d) and 

8 2379 of title 10, United States Code, during the 

9 two-year period beginning on the date of the enact10 ment of this Act. 

11 (2) REPORT REQUIREMENT.—Not later than 

12 180 days after the end of the two-year period re13 ferred to in paragraph (1), the Comptroller General 

14 shall submit to the congressional defense committees 

15 a report on—

16 (A) the extent to which the Department of 

17 Defense needed access to additional cost infor18 mation pursuant to sections 2306a(d) and 2379 

19 of title 10, United States Code, during such 

20 two-year period in order to determine price rea21 sonableness; 

22 (B) the extent to which acquisition officials 

23 of the Department of Defense complied with the 

24 guidance issued pursuant to subsection (a) dur25 ing such two-year period; 


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1 (C) the extent to which the Department of 

2 Defense needed access to additional cost infor3 mation during such two-year period to deter4 mine reasonableness of price, but was not pro5 vided such information by the contractor on re6 quest; and 

7 (D) recommendations for improving eval8 uations of reasonableness of price by Depart9 ment of Defense acquisition professionals, in10 cluding recommendations for any amendments 

11 to law, regulations, or guidance. 

12 SEC. 832. DEPARTMENT OF DEFENSE ACCESS TO, USE OF, 

13 AND SAFEGUARDS AND PROTECTIONS FOR 

14 CONTRACTOR INTERNAL AUDIT REPORTS. 

15 (a) REVISED GUIDANCE REQUIRED.—Not later than 

16 180 days after the date of the enactment of this Act, the 

17 Director of the Defense Contract Audit Agency shall revise 

18 guidance on access to defense contractor internal audit re19 ports (including the Contract Audit Manual) to incor20 porate the requirements of this section. 

21 (b) DOCUMENTATION REQUIREMENTS.—The revised 

22 guidance shall ensure that requests for access to defense 

23 contractor internal audit reports are appropriately docu24 mented. The required documentation shall include, at a 

25 minimum, the following: 


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1 (1) Written determination that access to such 

2 reports is necessary to complete required evaluations 

3 of contractor business systems. 

4 (2) A copy of any request from the Defense 

5 Contract Audit Agency to a contractor for access to 

6 such reports. 

7 (3) A record of response received from the con8 tractor, including the contractor’s rationale or jus9 tification if access to requested reports was not 

10 granted. 

11 (b) SAFEGUARDS AND PROTECTIONS.—The revised 

12 guidance shall include appropriate safeguards and protec13 tions to ensure that contractor internal audit reports can14 not be used by the Defense Contract Audit Agency for 

15 any purpose other than evaluating and testing the efficacy 

16 of contractor internal controls and the reliability of associ17 ated contractor business systems. 

18 (c) RISK-BASED AUDITING.—A determination by the 

19 Defense Contract Audit Agency that a contractor has a 

20 sound system of internal controls shall provide the basis 

21 for increased reliance on contractor business systems or 

22 a reduced level of testing with regard to specific audits, 

23 as appropriate. Internal audit reports provided by a con24 tractor pursuant to this section may be considered in de25 termining whether or not a contractor has a sound system 


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1 of internal controls, but shall not be the sole basis for such 

2 a determination. 

3 (d) COMPTROLLER GENERAL REVIEW.—Not later 

4 than one year after the date of the enactment of this Act, 

5 the Comptroller General of the United States shall initiate 

6 a review of the documentation required by subsection (a). 

7 Not later than 90 days after completion of the review, the 

8 Comptroller General shall submit to the congressional de9 fense committees a report on the results of the review, 

10 with findings and recommendations for improving the 

11 audit processes of the Defense Contract Audit Agency. 

12 SEC. 833. CONTRACTOR RESPONSIBILITIES IN REGULA13 TIONS RELATING TO DETECTION AND AVOID14 ANCE OF COUNTERFEIT ELECTRONIC PARTS. 

15 Section 818(c)(2)(B) of the National Defense Au16 thorization Act for Fiscal Year 2012 (Public Law 112–

17 81; 125 Stat. 1493; 10 U.S.C. 2302 note) is amended to 

18 read as follows: 

19 ‘‘(B) the cost of counterfeit electronic 

20 parts and suspect counterfeit electronic parts 

21 and the cost of rework or corrective action that 

22 may be required to remedy the use or inclusion 

23 of such parts are not allowable costs under De24 partment contracts, unless—


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1 ‘‘(i) the covered contractor has an 

2 operational system to detect and avoid 

3 counterfeit parts and suspect counterfeit 

4 electronic parts that has been reviewed and 

5 approved by the Department of Defense 

6 pursuant to subsection (e)(2)(B); 

7 ‘‘(ii) the counterfeit electronic parts or 

8 suspect counterfeit electronic parts were 

9 provided to the contractor as Government 

10 property in accordance with part 45 of the 

11 Federal Acquisition Regulation; and 

12 ‘‘(iii) the covered contractor provides 

13 timely notice to the Government pursuant 

14 to paragraph (4).’’. 

15 Subtitle D—Provisions Relating to 

16 Contracts in Support of Contin17 gency Operations 

18 SEC. 841. EXTENSION AND EXPANSION OF AUTHORITY TO 

19 ACQUIRE PRODUCTS AND SERVICES PRO20 DUCED IN COUNTRIES ALONG A MAJOR 

21 ROUTE OF SUPPLY TO AFGHANISTAN. 

22 (a) EXTENSION OF TERMINATION DATE.—Sub23 section (f) of section 801 of the National Defense Author24 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

25 Stat. 2399) is amended by striking ‘‘on or after the date 


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1 occurring three years after the date of the enactment of 

2 this Act’’ and inserting ‘‘after December 31, 2014’’. 

3 (b) EXPANSION OF AUTHORITY TO COVER FORCES

4 OF THE UNITED STATES AND COALITION FORCES.—Sub5 section (b)(1) of such section is amended—

6 (1) in subparagraph (B), by striking ‘‘or’’ at 

7 the end; 

8 (2) in subparagraph (C), by adding ‘‘or’’ at the 

9 end; and 

10 (3) by adding at the end the following: 

11 ‘‘(D) by the United States or coalition 

12 forces in Afghanistan if the product or service 

13 is from a country that has agreed to allow the 

14 transport of coalition personnel, equipment, and 

15 supplies;’’. 

16 (c) REPEAL OF EXPIRED REPORT REQUIREMENT.—

17 Subsection (g) of such section is repealed. 

18 (d) CLERICAL AMENDMENT.—The heading of such 

19 section is amended by striking ‘‘; REPORT’’. 

20 SEC. 842. LIMITATION ON AUTHORITY TO ACQUIRE PROD21 UCTS AND SERVICES PRODUCED IN AFGHANI22 STAN. 

23 Section 886 of the National Defense Authorization 

24 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

25 266; 10 U.S.C. 2302 note) is amended—


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1 (1) in the section heading, by striking ‘‘IRAQ

2 OR’’; 

3 (2) by striking ‘‘Iraq or’’ each place it appears; 

4 and 

5 (3) in the subsection heading of subsection (c), 

6 by striking ‘‘IRAQ OR’’. 

7 SEC. 843. RESPONSIBILITY WITHIN DEPARTMENT OF DE8 FENSE FOR OPERATIONAL CONTRACT SUP9 PORT. 

10 (a) GUIDANCE REQUIRED.—Not later than one year 

11 after the date of the enactment of this Act, the Secretary 

12 of Defense shall develop and issue guidance establishing 

13 the chain of authority and responsibility within the De14 partment of Defense for policy, planning, and execution 

15 of operational contract support. 

16 (b) ELEMENTS.—The guidance under subsection (a) 

17 shall, at a minimum—

18 (1) specify the officials, offices, and components 

19 of the Department within the chain of authority and 

20 responsibility described in subsection (a); 

21 (2) identify for each official, office, and compo22 nent specified under paragraph (1)—

23 (A) requirements for policy, planning, and 

24 execution of contract support for operational 


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1 contract support, including, at a minimum, re2 quirements in connection with—

3 (i) coordination of functions, authori4 ties, and responsibilities related to oper5 ational contract support, including coordi6 nation with relevant Federal agencies; 

7 (ii) assessments of total force data in 

8 support of Department force planning sce9 narios, including the appropriateness of 

10 and necessity for the use of contractors for 

11 identified functions; 

12 (iii) determinations of capability re13 quirements for nonacquisition community 

14 operational contract support, and identi15 fication of resources required for planning, 

16 training, and execution to meet such re17 quirements; and 

18 (iv) determinations of policy regarding 

19 the use of contractors by function, and 

20 identification of the training exercises that 

21 will be required for operational contract 

22 support (including an assessment whether 

23 or not such exercises will include contrac24 tors); and 


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1 (B) roles, authorities, responsibilities, and 

2 lines of supervision for the achievement of the 

3 requirements identified under subparagraph 

4 (A); and 

5 (3) ensure that the chain of authority and re6 sponsibility described in subsection (a) is appro7 priately aligned with, and appropriately integrated 

8 into, the structure of the Department for the con9 duct of overseas contingency operations, including 

10 the military departments, the Joint Staff, and the 

11 commanders of the unified combatant commands. 

12 SEC. 844. DATA COLLECTION ON CONTRACT SUPPORT FOR 

13 FUTURE OVERSEAS CONTINGENCY OPER14 ATIONS INVOLVING COMBAT OPERATIONS. 

15 (a) IN GENERAL.—Not later than one year after the 

16 date of the enactment of this Act, the Secretary of De17 fense, the Secretary of State, and the Administrator of 

18 the United States Agency for International Development 

19 shall each issue guidance regarding data collection on con20 tract support for future contingency operations outside the 

21 United States that involve combat operations. 

22 (b) ELEMENTS.—The guidance required by sub23 section (a) shall ensure that the Department of Defense, 

24 the Department of State, and the United States Agency 

25 for International Development take the steps necessary to 


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1 ensure that each agency has the capability to collect and 

2 report, at a minimum, the following data regarding such 

3 contract support: 

4 (1) The total number of contracts entered into 

5 as of the date of any report. 

6 (2) The total number of such contracts that are 

7 active as of such date. 

8 (3) The total value of contracts entered into as 

9 of such date. 

10 (4) The total value of such contracts that are 

11 active as of such date. 

12 (5) An identification of the extent to which the 

13 contracts entered into as of such date were entered 

14 into using competitive procedures. 

15 (6) The total number of contractor personnel 

16 working under contracts entered into as of the end 

17 of each calendar quarter during the one-year period 

18 ending on such date. 

19 (7) The total number of contractor personnel 

20 performing security functions under contracts en21 tered into as of the end of each calendar quarter 

22 during the one-year period ending on such date. 

23 (8) The total number of contractor personnel 

24 killed or wounded under any contracts entered into. 


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1 (c) COMPTROLLER GENERAL REVIEW AND RE2 PORT.—

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

4 United States shall review the data system or sys5 tems established to track contractor data pursuant 

6 to subsections (a) and (b). The review shall, with re7 spect to each such data system, at a minimum—

8 (A) identify each such data system and as9 sess the resources needed to sustain such sys10 tem; 

11 (B) determine if all such data systems are 

12 interoperable, use compatible data standards, 

13 and meet the requirements of section 2222 of 

14 title 10, United States Code; and 

15 (C) make recommendations on the steps 

16 that the Department of Defense, the Depart17 ment of State, and the United States Agency 

18 for International Development should take to 

19 ensure that all such data systems—

20 (i) meet the requirements of the guid21 ance issued pursuant to subsections (a) 

22 and (b); 

23 (ii) are interoperable, use compatible 

24 data standards, and meet the requirements 

25 of section 2222 of such title; and 


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1 (iii) are supported by appropriate 

2 business processes and rules to ensure the 

3 timeliness and reliability of data. 

4 (2) REPORT.—Not later than two years after 

5 the date of the enactment of this Act, the Comp6 troller General shall submit a report on the review 

7 required by paragraph (1) to the following commit8 tees: 

9 (A) The congressional defense committees. 

10 (B) The Committee on Foreign Relations 

11 and the Committee on Homeland Security and 

12 Governmental Affairs of the Senate. 

13 (C) The Committee on Foreign Affairs and 

14 the Committee on Oversight and Government 

15 Reform of the House of Representatives. 

16 SEC. 845. INCLUSION OF OPERATIONAL CONTRACT SUP17 PORT IN CERTAIN REQUIREMENTS FOR DE18 PARTMENT OF DEFENSE PLANNING, JOINT 

19 PROFESSIONAL MILITARY EDUCATION, AND 

20 MANAGEMENT STRUCTURE. 

21 (a) READINESS REPORTING SYSTEM.—Section 

22 117(c) of title 10, United States Code, is amended by add23 ing at the end the following new paragraph: 

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1 rent and anticipated wartime missions of the armed 

2 forces.’’. 

3 (b) OPERATIONAL CONTRACT SUPPORT PLANNING

4 AND PREPAREDNESS FUNCTIONS OF CJCS.—Section 

5 153(a)(3) of such title is amended by adding at the end 

6 the following new subparagraph: 

7 ‘‘(F) In coordination with the Under Secretary 

8 of Defense for Acquisition, Technology, and Logis9 tics, the Secretaries of the military departments, the 

10 heads of the Defense Agencies, and the commanders 

11 of the combatant commands, determining the oper12 ational contract support requirements of the armed 

13 forces and recommending the resources required to 

14 improve and enhance operational contract support 

15 for the armed forces and planning for such oper16 ational contract support.’’. 

17 (c) OPERATIONAL CONTRACT SUPPORT AS MATTER

18 WITHIN COURSE OF JOINT PROFESSIONAL MILITARY

19 EDUCATION.—Section 2151(a) of such title is amended by 

20 adding at the end the following new paragraph: 

21 ‘‘(6) Operational contract support.’’. 

22 (d) MANAGEMENT STRUCTURE.—Section 2330(c)(2) 

23 of such title is amended by striking ‘‘other than services’’ 

24 and all that follows and inserting ‘‘including services in 

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1 clude services relating to research and development or 

2 military construction.’’. 

3 SEC. 846. REQUIREMENTS FOR RISK ASSESSMENTS RE4 LATED TO CONTRACTOR PERFORMANCE. 

5 (a) RISK ASSESSMENTS FOR CONTRACTOR PER6 FORMANCE IN OPERATIONAL OR CONTINGENCY PLANS.—

7 The Secretary of Defense shall require that a risk assess8 ment on reliance on contractors be included in operational 

9 or contingency plans developed by a commander of a com10 batant command in executing the responsibilities pre11 scribed in section 164 of title 10, United States Code. 

12 Such risk assessments shall address, at a minimum, the 

13 potential risks listed in subsection (c). 

14 (b) COMPREHENSIVE RISK ASSESSMENTS AND MITI15 GATION PLANS FOR CONTRACTOR PERFORMANCE IN SUP16 PORT OF OVERSEAS CONTINGENCY OPERATIONS.—

17 (1) IN GENERAL.—Subject to paragraphs (2) 

18 and (3), not later than six months after the com19 mencement or designation of a contingency oper20 ation outside the United States that includes or is 

21 expected to include combat operations, the head of 

22 each covered agency shall perform a comprehensive 

23 risk assessment and develop a risk mitigation plan 

24 for operational and political risks associated with 


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1 contractor performance of critical functions in sup2 port of the operation for such covered agency. 

3 (2) EXCEPTIONS.—Except as provided in para4 graph (3), a risk assessment and risk mitigation 

5 plan shall not be required under paragraph (1) for 

6 an overseas contingency operation if—

7 (A) the operation is not expected to con8 tinue for more than one year; and 

9 (B) the total amount of obligations for 

10 contracts for support of the operation for the 

11 covered agency is not expected to exceed 

12 $250,000,000. 

13 (3) TERMINATION OF EXCEPTIONS.—Notwith14 standing paragraph (2), the head of a covered agen15 cy shall perform a risk assessment and develop a 

16 risk mitigation plan under paragraph (1) for an 

17 overseas contingency operation with regard to which 

18 a risk assessment and risk mitigation plan has not 

19 previously been performed under paragraph (1) not 

20 later than 60 days after the date on which—

21 (A) the operation has continued for more 

22 than one year; or 

23 (B) the total amount of obligations for 

24 contracts for support of the operation for the 

25 covered agency exceeds $250,000,000. 


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1 (c) COMPREHENSIVE RISK ASSESSMENTS.—A com2 prehensive risk assessment under subsection (b) shall con3 sider, at a minimum, risks relating to the following: 

4 (1) The goals and objectives of the operation 

5 (such as risks from contractor behavior or perform6 ance that may injure innocent members of the local 

7 population or offend their sensibilities). 

8 (2) The continuity of the operation (such as 

9 risks from contractors refusing to perform or being 

10 unable to perform when there may be no timely re11 placements available). 

12 (3) The safety of military and civilian personnel 

13 of the United States if the presence or performance 

14 of contractor personnel creates unsafe conditions or 

15 invites attack. 

16 (4) The safety of contractor personnel employed 

17 by the covered agency. 

18 (5) The managerial control of the Government 

19 over the operation (such as risks from over-reliance 

20 on contractors to monitor other contractors or inad21 equate means for Government personnel to monitor 

22 contractor performance). 

23 (6) The critical organic or core capabilities of 

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1 stitutional memory of key operations areas and sub2 ject-matter expertise. 

3 (7) The ability of the Government to control 

4 costs, avoid organizational or personal conflicts of 

5 interest, and minimize waste, fraud, and abuse. 

6 (d) RISK MITIGATION PLANS.—A risk mitigation 

7 plan under subsection (b) shall include, at a minimum, 

8 the following: 

9 (1) For each high-risk area identified in the 

10 comprehensive risk assessment for the operation per11 formed under subsection (b)—

12 (A) specific actions to mitigate or reduce 

13 such risk, including the development of alter14 native capabilities to reduce reliance on con15 tractor performance of critical functions; 

16 (B) measurable milestones for the imple17 mentation of planned risk mitigation or risk re18 duction measures; and 

19 (C) a process for monitoring, measuring, 

20 and documenting progress in mitigating or re21 ducing risk. 

22 (2) A continuing process for identifying and ad23 dressing new and changed risks arising in the course 

24 of the operation, including the periodic reassessment 

25 of risks and the development of appropriate risk 


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1 mitigation or reduction plans for any new or 

2 changed high-risk area identified. 

3 (e) CRITICAL FUNCTIONS.—For purposes of this sec4 tion, critical functions include, at a minimum, the fol5 lowing: 

6 (1) Private security functions, as that term is 

7 defined in section 864(a)(6) of the National Defense 

8 Authorization Act for Fiscal Year 2008 (10 U.S.C. 

9 2302 note). 

10 (2) Training and advising Government per11 sonnel, including military and security personnel, of 

12 a host nation. 

13 (3) Conducting intelligence or information oper14 ations. 

15 (4) Any other functions that are closely associ16 ated with inherently governmental functions, includ17 ing the functions set forth in section 7.503(d) of the 

18 Federal Acquisition Regulation. 

19 (5) Any other functions that are deemed critical 

20 to the success of the operation. 

21 (f) COVERED AGENCY.—In this section, the term 

22 ‘‘covered agency’’ means the Department of Defense, the 

23 Department of State, and the United States Agency for 

24 International Development. 


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1 SEC. 847. EXTENSION AND MODIFICATION OF REPORTS ON 

2 CONTRACTING IN IRAQ AND AFGHANISTAN. 

3 (a) TWO-YEAR EXTENSION OF REQUIREMENT FOR

4 JOINT REPORT.—Subsection (a)(5) of section 863 of the 

5 National Defense Authorization Act for Fiscal Year 2008 

6 (10 U.S.C. 2302 note) is amended by striking ‘‘February 

7 1, 2013’’ and inserting ‘‘February 1, 2015’’. 

8 (b) REPEAL OF COMPTROLLER GENERAL REVIEW.—

9 Such section is further amended by striking subsection 

10 (b). 

11 (c) CONFORMING AMENDMENTS.—

12 (1) IN GENERAL.—Such section is further 

13 amended—

14 (A) by striking ‘‘JOINT REPORT RE15 QUIRED.—’’ and all that follows through ‘‘para16 graph (6)’’ and inserting ‘‘IN GENERAL.—Ex17 cept as provided in subsection (f)’’; 

18 (B) by striking ‘‘this subsection’’ each 

19 place it appears and inserting ‘‘this section’’; 

20 (C) by redesignating paragraphs (2) 

21 through (7) as subsections (b) through (g), re22 spectively, and by moving the left margins of 

23 such subsections (including the subparagraphs 

24 in such subsections), as so redesignated, two 

25 ems to the left; 


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1 (D) in subsection (b), as redesignated by 

2 subparagraph (C) of this paragraph—

3 (i) by capitalizing the second and 

4 third words of the heading; and 

5 (ii) by redesignating subparagraphs 

6 (A) through (I) as paragraphs (1) through 

7 (9), respectively; 

8 (E) in subsection (c), as redesignated by 

9 subparagraph (C) of this paragraph—

10 (i) by capitalizing the second and 

11 third words of the heading; 

12 (ii) by redesignating subparagraphs 

13 (A) through (C) as paragraphs (1) through 

14 (3), respectively; and 

15 (iii) by striking ‘‘paragraph (2)’’ each 

16 place it appears and inserting ‘‘subsection 

17 (b)’’; 

18 (F) in subsection (d), as redesignated by 

19 subparagraph (C) of this paragraph, by capital20 izing the second word of the heading; 

21 (G) in subsection (e), as redesignated by 

22 subparagraph (C) of this paragraph, by capital23 izing the third word of the heading; 

24 (H) in subsection (f), as redesignated by 

25 subparagraph (C) of this paragraph, by striking 


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1 ‘‘this paragraph’’ and inserting ‘‘this sub2 section’’; and 

3 (I) in subsection (g), as redesignated by 

4 subparagraph (C) of this paragraph, by striking 

5 ‘‘paragraph (2)(F)’’ and inserting ‘‘subsection 

6 (b)(6)’’. 

7 (2) HEADING AMENDMENT.—The heading of 

8 such section is amended by striking ‘‘AND COMP9 TROLLER GENERAL REVIEW’’. 

10 SEC. 848. RESPONSIBILITIES OF INSPECTORS GENERAL 

11 FOR OVERSEAS CONTINGENCY OPERATIONS. 

12 The Inspector General Act of 1978 (5 U.S.C. App.) 

13 is amended—

14 (1) by redesignating section 8L as section 8M; 

15 and 

16 (2) by inserting after section 8J the following 

17 new section 8L: 

18 ‘‘SEC. 8L. SPECIAL PROVISIONS CONCERNING OVERSEAS 

19 CONTINGENCY OPERATIONS. 

20 ‘‘(a) ADDITIONAL RESPONSIBILITIES OF CHAIR OF

21 COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND

22 EFFICIENCY.—Upon the commencement or designation of 

23 a military operation as an overseas contingency operation 

24 that exceeds 60 days, the Chair of the Council of Inspec25 tors General on Integrity and Efficiency (CIGIE) shall, 


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1 in consultation with the members of the Council, have the 

2 additional responsibilities specified in subsection (b) with 

3 respect to the Inspectors General specified in subsection 

4 (c). 

5 ‘‘(b) SPECIFIC RESPONSIBILITIES.—The responsibil6 ities specified in this subsection are the following: 

7 ‘‘(1) In consultation with the Inspectors Gen8 eral specified in subsection (c), to designate a lead 

9 Inspector General in accordance with subsection (d) 

10 to discharge the authorities of the lead Inspector 

11 General for the overseas contingency operation con12 cerned as set forth in subsection (d). 

13 ‘‘(2) To resolve conflicts of jurisdiction among 

14 the Inspectors General specified in subsection (c) on 

15 investigations, inspections, and audits with respect 

16 to such contingency operation in accordance with 

17 subsection (d)(2)(B). 

18 ‘‘(3) To assist in identifying for the lead inspec19 tor general for such contingency operation, Inspec20 tors General and inspector general office personnel 

21 available to assist the lead Inspector General and 

22 the other Inspectors General specified in subsection 

23 (c) on matters relating to such contingency oper24 ation. 


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1 ‘‘(c) INSPECTORS GENERAL.—The Inspectors Gen2 eral specified in this subsection are the Inspectors General 

3 as follows: 

4 ‘‘(1) The Inspector General of the Department 

5 of Defense. 

6 ‘‘(2) The Inspector General of the Department 

7 of State. 

8 ‘‘(3) The Inspector General of the United 

9 States Agency for International Development. 

10 ‘‘(d) LEAD INSPECTOR GENERAL FOR OVERSEAS

11 CONTINGENCY OPERATION.—(1) A lead Inspector Gen12 eral for an overseas contingency operation shall be des13 ignated by the Chair of the Council of Inspectors General 

14 on Integrity and Efficiency under subsection (b)(1) not 

15 later than 30 days after the commencement or designation 

16 of the military operation concerned as an overseas contin17 gency operation that exceeds 60 days. The lead Inspector 

18 General for a contingency operation shall be designated 

19 from among the Inspectors General specified in subsection 

20 (c). 

21 ‘‘(2) The lead Inspector General for an overseas con22 tingency operation shall have the following responsibilities: 

23 ‘‘(A) To appoint, from among the offices of the 

24 other Inspectors General specified in subsection (c), 

25 an Inspector General to act as associate Inspector 


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1 General for the contingency operation who shall act 

2 in a coordinating role to assist the lead Inspector 

3 General in the discharge of responsibilities under 

4 this subsection. 

5 ‘‘(B) To develop and carry out, in coordination 

6 with the offices of the other Inspectors General spec7 ified in subsection (c), a joint strategic plan to con8 duct comprehensive oversight over all aspects of the 

9 contingency operation and to ensure through either 

10 joint or individual audits, inspections, and investiga11 tions, independent and effective oversight of all pro12 grams and operations of the Federal Government in 

13 support of the contingency operation. 

14 ‘‘(C) To review and ascertain the accuracy of 

15 information provided by Federal agencies relating to 

16 obligations and expenditures, costs of programs and 

17 projects, accountability of funds, and the award and 

18 execution of major contracts, grants, and agree19 ments in support of the contingency operation. 

20 ‘‘(D)(i) If none of the Inspectors General speci21 fied in subsection (c) has principal jurisdiction over 

22 a matter with respect to the contingency operation, 

23 to exercise responsibility for discharging oversight 

24 responsibilities in accordance with this Act with re25 spect to such matter. 


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1 ‘‘(ii) If more than one of the Inspectors General 

2 specified in subsection (c) has jurisdiction over a 

3 matter with respect to the contingency operation, to 

4 determine principal jurisdiction for discharging over5 sight responsibilities in accordance with this Act 

6 with respect to such matter. 

7 ‘‘(E) To employ, or authorize the employment 

8 by the other Inspectors General specified in sub9 section (c), on a temporary basis using the authori10 ties in section 3161 of title 5, United States Code, 

11 such auditors, investigators, and other personnel as 

12 the lead Inspector General considers appropriate to 

13 assist the lead Inspector General and such other In14 spectors General on matters relating to the contin15 gency operation. 

16 ‘‘(F) To submit to Congress on a bi-annual 

17 basis, and to make available on an Internet website 

18 available to the public, a report on the activities of 

19 the lead Inspector General and the other Inspectors 

20 General specified in subsection (c) with respect to 

21 the contingency operation, including—

22 ‘‘(i) the status and results of investiga23 tions, inspections, and audits and of referrals to 

24 the Department of Justice; and 


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1 ‘‘(ii) overall plans for the review of the 

2 contingency operation by inspectors general, in3 cluding plans for investigations, inspections, 

4 and audits. 

5 ‘‘(G) To submit to Congress on a quarterly 

6 basis, and to make available on an Internet website 

7 available to the public, a report on the contingency 

8 operation. 

9 ‘‘(H) To carry out such other responsibilities 

10 relating to the coordination and efficient and effec11 tive discharge by the Inspectors General specified in 

12 subsection (c) of duties relating to the contingency 

13 operation as the lead Inspector General shall specify. 

14 ‘‘(3)(A) The lead Inspector General for an overseas 

15 contingency operation may employ, or authorize the em16 ployment by the other Inspectors General specified in sub17 section (c) of, annuitants covered by section 9902(g) of 

18 title 5, United States Code, for purposes of assisting the 

19 lead Inspector General in discharging responsibilities 

20 under this subsection with respect to the contingency oper21 ation. 

22 ‘‘(B) The employment of annuitants under this para23 graph shall be subject to the provisions of section 9902(g) 

24 of title 5, United States Code, as if the lead Inspector 

25 General concerned was the Department of Defense. 


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1 ‘‘(C) The period of employment of an annuitant 

2 under this paragraph may not exceed three years, except 

3 that the period may be extended for up to an additional 

4 two years in accordance with the regulations prescribed 

5 pursuant to section 3161(b)(2) of title 5, United States 

6 Code. 

7 ‘‘(4) The lead Inspector General for an overseas con8 tingency operation shall discharge the responsibilities for 

9 the contingency operation under this subsection in a man10 ner consistent with the authorities and requirements of 

11 this Act generally and the authorities and requirements 

12 applicable to the Inspectors General specified in subsection 

13 (c) under this Act. 

14 ‘‘(e) SUNSET FOR PARTICULAR CONTINGENCY OPER15 ATIONS.—The requirements and authorities of this section 

16 with respect to an overseas contingency operation shall 

17 cease at the end of the first fiscal year after the com18 mencement or designation of the contingency operation in 

19 which the total amount appropriated for the contingency 

20 operation is less than $100,000,000. 

21 ‘‘(f) CONSTRUCTION OF AUTHORITY.—Nothing in 

22 this section shall be construed to limit the ability of the 

23 Inspectors General specified in subsection (c) to enter into 

24 agreements to conduct joint audits, inspections, or inves25 tigations in the exercise of their oversight responsibilities 


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1 in accordance with this Act with respect to overseas con2 tingency operations.’’. 

3 SEC. 849. OVERSIGHT OF CONTRACTS AND CONTRACTING 

4 ACTIVITIES FOR OVERSEAS CONTINGENCY 

5 OPERATIONS IN RESPONSIBILITIES OF CHIEF 

6 ACQUISITION OFFICERS OF FEDERAL AGEN7 CIES. 

8 (a) IN GENERAL.—Subsection (b)(3) of section 1702 

9 of title 41, United States Code, is amended—

10 (1) by redesignating subparagraphs (F) and 

11 (G) as subparagraphs (G) and (H), respectively; and 

12 (2) by inserting after subparagraph (E) the fol13 lowing new subparagraph (F): 

14 ‘‘(F) advising the executive agency on the appli15 cability of relevant policy on the contracts of the 

16 agency for overseas contingency operations and en17 suring the compliance of the contracts and con18 tracting activities of the agency with such policy;’’. 

19 (b) DEFINITION.—Such section is further amended 

20 by adding at the end the following new subsection: 

21 ‘‘(d) OVERSEAS CONTINGENCY OPERATIONS DE22 FINED.—In this section, the term ‘overseas contingency 

23 operations’ means military operations outside the United 

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1 tingency operation (as that term is defined in section 

2 101(a)(13) of title 10).’’. 

3 SEC. 850. REPORTS ON RESPONSIBILITY WITHIN DEPART4 MENT OF STATE AND THE UNITED STATES 

5 AGENCY FOR INTERNATIONAL DEVELOP6 MENT FOR CONTRACT SUPPORT FOR OVER7 SEAS CONTINGENCY OPERATIONS. 

8 (a) DOS AND USAID REPORTS REQUIRED.—Not 

9 later than six months after the date of the enactment of 

10 this Act, the Secretary of State and the Administrator of 

11 the United States Agency for International Development 

12 shall, in consultation with the Chief Acquisition Officer 

13 of the Department of State and the Chief Acquisition Offi14 cer of the United States Agency for International Develop15 ment, respectively, each submit to the appropriate commit16 tees of Congress an assessment of Department of State 

17 and United States Agency for International Development 

18 policies governing contract support in overseas contin19 gency operations. 

20 (b) ELEMENTS.—Each report under subsection (a) 

21 shall include the following: 

22 (1) A description and assessment of the roles 

23 and responsibilities of the officials, offices, and com24 ponents of the Department of State or the United 

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1 plicable, within the chain of authority and responsi2 bility for policy, planning, and execution of contract 

3 support for overseas contingency operations. 

4 (2) Procedures and processes of the Depart5 ment or Agency, as applicable, on the following in 

6 connection with contract support for overseas contin7 gency operations: 

8 (A) Collection, inventory, and reporting of 

9 data. 

10 (B) Acquisition planning. 

11 (C) Solicitation and award of contracts. 

12 (D) Requirements development and man13 agement. 

14 (E) Contract tracking and oversight. 

15 (F) Performance evaluations. 

16 (G) Risk management. 

17 (H) Interagency coordination and transi18 tion planning. 

19 (3) Strategies and improvements necessary for 

20 the Department or the Agency, as applicable, to ad21 dress reliance on contractors, workforce planning, 

22 and the recruitment and training of acquisition 

23 workforce personnel, including the anticipated num24 ber of personnel needed to perform acquisition man25 agement and oversight functions and plans for 


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1 achieving personnel staffing goals, in connection 

2 with overseas contingency operations. 

3 (c) COMPTROLLER GENERAL REPORT.—Not later 

4 than one year after the date of the enactment of this Act, 

5 the Comptroller General of the United States shall submit 

6 to the appropriate committees of Congress a report on the 

7 progress of the efforts of the Department of State and 

8 the United States Agency for International Development 

9 in implementing improvements and changes identified 

10 under paragraphs (1) through (3) of subsection (b) in the 

11 reports required by subsection (a), together with such ad12 ditional information as the Comptroller General considers 

13 appropriate to further inform such committees on issues 

14 relating to the reports required by subsection (a). 

15 (d) APPROPRIATE COMMITTEES OF CONGRESS DE16 FINED.—In this section, the term ‘‘appropriate commit17 tees of Congress’’ means—

18 (1) the Committee on Foreign Relations, the 

19 Committee on Armed Services, the Committee on 

20 Homeland Security and Governmental Affairs, and 

21 the Committee on Appropriations of the Senate; and 

22 (2) the Committee on Foreign Affairs, the 

23 Committee on Armed Services, the Committee on 

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1 mittee on Appropriations of the House of Represent2 atives. 

3 SEC. 851. DATABASE ON PRICE TRENDS OF ITEMS AND 

4 SERVICES UNDER FEDERAL CONTRACTS. 

5 (a) DATABASE REQUIRED.—

6 (1) IN GENERAL.—Chapter 33 of title 41, 

7 United States Code, is amended by adding at the 

8 end the following new section: 

9 ‘‘§ 3312. Database on price trends of items and serv10 ices under Federal contracts 

11 ‘‘(a) DATABASE REQUIRED.—The Administrator 

12 shall establish and maintain a database of information on 

13 price trends for items and services under contracts with 

14 the Federal Government. The information in the database 

15 shall be designed to assist Federal acquisition officials in 

16 the following: 

17 ‘‘(1) Monitoring developments in price trends 

18 for items and services under contracts with the Fed19 eral Government. 

20 ‘‘(2) Conducting price or cost analyses for items 

21 and services under offers for contracts with the Fed22 eral Government, or otherwise conducting deter23 minations of the reasonableness of prices for items 

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1 eral Government for items and services under con2 tracts with the Federal Government. 

3 ‘‘(b) USE.—(1) The database under subsection (a) 

4 shall be available to executive agencies in the evaluation 

5 of offers for contracts with the Federal Government for 

6 items and services. 

7 ‘‘(2) The Secretary of Defense may satisfy the re8 quirements of this section by complying with the require9 ments of section 892 of the Ike Skelton National Defense 

10 Authorization Act for Fiscal Year 2011 (10 U.S.C. 2306a 

11 note).’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 33 of such title is 

14 amended by adding at the end the following new 

15 item:

‘‘3312. Database on price trends of items and services under Federal contracts.’’.

16 (b) USE OF ELEMENTS OF DEPARTMENT OF DE17 FENSE PILOT PROJECT.—In establishing the database re18 quired by section 3312 of title 41, United States Code (as 

19 added by subsection (a)), the Administrator for Federal 

20 Procurement Policy shall use and incorporate appropriate 

21 elements of the pilot project on pricing being carried out 

22 by the Under Secretary of Defense for Acquisition, Tech23 nology, and Logistics pursuant to section 892 of the Ike 

24 Skelton National Defense Authorization Act for Fiscal 


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1 Year 2011 (10 U.S.C. 2306a note) and the Better Buying 

2 Power initiative of the Secretary of Defense. 

3 SEC. 852. INFORMATION ON CORPORATE CONTRACTOR 

4 PERFORMANCE AND INTEGRITY THROUGH 

5 THE FEDERAL AWARDEE PERFORMANCE AND 

6 INTEGRITY INFORMATION SYSTEM. 

7 Subsection (d) of section 2313 of title 41, United 

8 States Code, is amended by adding at the end the fol9 lowing new paragraph: 

10 ‘‘(3) INFORMATION ON CORPORATIONS.—The 

11 information in the database on a person that is a 

12 corporation shall, to the extent practicable, include 

13 information on any parent, subsidiary, or successor 

14 entities to the corporation in a manner designed to 

15 give the acquisition officials using the database a 

16 comprehensive understanding of the performance 

17 and integrity of the corporation in carrying out Fed18 eral contracts and grants.’’. 

19 SEC. 853. INCLUSION OF DATA ON CONTRACTOR PERFORM20 ANCE IN PAST PERFORMANCE DATABASES 

21 FOR EXECUTIVE AGENCY SOURCE SELEC22 TION DECISIONS. 

23 (a) STRATEGY REQUIRED.—

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of the enactment of this Act, the FedVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 eral Acquisition Regulatory Council shall develop a 

2 strategy for ensuring that timely, accurate, and com3 plete information on contractor performance is in4 cluded in past performance databases used by execu5 tive agencies for making source selection decisions. 

6 (2) CONSULTATION WITH USDATL.—In devel7 oping the strategy required by this subsection, the 

8 Federal Acquisition Regulatory Council shall consult 

9 with the Under Secretary of Defense for Acquisition, 

10 Technology, and Logistics to ensure that the strat11 egy is, to the extent practicable, consistent with the 

12 strategy developed by the Under Secretary pursuant 

13 to section 806 of the National Defense Authorization 

14 Act for Fiscal Year 2012 (Public Law 112–81; 125 

15 Stat. 1487; 10 U.S.C. 2302 note). 

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

17 (a) shall, at a minimum—

18 (1) establish standards for the timeliness and 

19 completeness of past performance submissions for 

20 purposes of databases described in subsection (a); 

21 (2) assign responsibility and management ac22 countability for the completeness of past perform23 ance submissions for such purposes; and 

24 (3) ensure that past performance submissions 

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1 uations in cases where such evaluations have been 

2 conducted. 

3 (c) CONTRACTOR COMMENTS.—Not later than 180 

4 days after the date of the enactment of this Act, the Fed5 eral Acquisition Regulation shall be revised to require the 

6 following: 

7 (1) That affected contractors are provided, in a 

8 timely manner, information on contractor perform9 ance to be included in past performance databases 

10 in accordance with subsection (a). 

11 (2) That such contractors are afforded up to 14 

12 calendar days, from the date of delivery of the infor13 mation provided in accordance with paragraph (1), 

14 to submit comments, rebuttals, or additional infor15 mation pertaining to past performance for inclusion 

16 in such databases. 

17 (3) That agency evaluations of contractor past 

18 performance, including any comments, rebuttals, or 

19 additional information submitted under paragraph 

20 (2), are included in the relevant past performance 

21 database not later than the date that is 14 days 

22 after the date of delivery of the information provided 

23 in accordance with paragraph (1). 

24 (d) CONSTRUCTION.—Nothing in this section shall be 

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1 ments, rebuttals, or additional information pertaining to 

2 past performance after the period described in subsection 

3 (c)(2) has elapsed or to prohibit a contractor from chal4 lenging a past performance evaluation in accordance with 

5 applicable laws, regulations, or procedures. 

6 (e) COMPTROLLER GENERAL REPORT.—Not later 

7 than 18 months after the date of the enactment of this 

8 Act, the Comptroller General of the United States shall 

9 submit to the appropriate committees of Congress a report 

10 on the actions taken by the Federal Acquisition Regu11 latory Council pursuant to this section, including an as12 sessment of the following: 

13 (1) The extent to which the strategy required 

14 by subsection (a) is consistent with the strategy de15 veloped by the Under Secretary of Defense for Ac16 quisition, Technology, and Logistics as described in 

17 subsection (a)(2). 

18 (2) The extent to which the actions of the Fed19 eral Acquisition Regulatory Council pursuant to this 

20 section have otherwise achieved the objectives of this 

21 section. 

22 (f) DEFINITIONS.—In this section: 

23 (1) The term ‘‘appropriate committees of Con24 gress’’ means—


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1 (A) the Committee on Armed Services, the 

2 Committee on Foreign Relations, the Com3 mittee on Homeland Security and Govern4 mental Affairs, and the Committee on Appro5 priations of the Senate; and 

6 (B) the Committee on Armed Services, the 

7 Committee on Foreign Affairs, the Committee 

8 on Oversight and Government Reform, and the 

9 Committee on Appropriations of the House of 

10 Representatives. 

11 (2) The term ‘‘executive agency’’ has the mean12 ing given that term in section 133 of title 41, United 

13 States Code, except that the term excludes the De14 partment of Defense and the military departments. 

15 (3) The term ‘‘Federal Acquisition Regulatory 

16 Council’’ means the Federal Acquisition Regulatory 

17 Council under section 1302(a) of title 41, United 

18 States Code. 


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1 Subtitle E—Other Matters 

2 SEC. 861. REQUIREMENTS AND LIMITATIONS FOR SUSPEN3 SION AND DEBARMENT OFFICIALS OF THE 

4 DEPARTMENT OF DEFENSE, THE DEPART5 MENT OF STATE, AND THE UNITED STATES 

6 AGENCY FOR INTERNATIONAL DEVELOP7 MENT. 

8 (a) REQUIREMENTS.—Not later than 180 days after 

9 the date of the enactment of this Act, the head of the 

10 covered agency concerned shall ensure the following: 

11 (1) There shall be not less than one suspension 

12 and debarment official—

13 (A) in the case of the Department of De14 fense, for each of the Department of the Army, 

15 the Department of the Navy, the Department of 

16 the Air Force, and the Defense Logistics Agen17 cy; 

18 (B) for the Department of State; and 

19 (C) for the United States Agency for Inter20 national Development. 

21 (2) A suspension and debarment official under 

22 paragraph (1) may not report to or be subject to the 

23 supervision of the acquisition office or the Inspector 

24 General—


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1 (A) in the case of the Department of De2 fense, of either the Department of Defense or 

3 the military department or Defense Agency con4 cerned; and 

5 (B) in the case of the Department of State 

6 and the United States Agency for International 

7 Development, of the covered agency concerned. 

8 (3) Each suspension and debarment official 

9 under paragraph (1) shall have a staff and resources 

10 adequate for the discharge of the suspension and de11 barment responsibilities of such official. 

12 (4) Each suspension and debarment official 

13 under paragraph (1) shall document the basis for 

14 any final decision taken pursuant to a formal refer15 ral in accordance with the policies established under 

16 paragraph (5). 

17 (5) Each suspension and debarment official 

18 under paragraph (1) shall, in consultation with the 

19 General Counsel of the covered agency, establish in 

20 writing policies for the consideration of the fol21 lowing: 

22 (A) Formal referrals of suspension and de23 barment matters. 

24 (B) Suspension and debarment matters 

25 that are not formally referred. 


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1 (b) DUTIES OF INTERAGENCY COMMITTEE ON DE2 BARMENT AND SUSPENSION.—Section 873 of the Duncan 

3 Hunter National Defense Authorization Act for Fiscal 

4 Year 2009 (31 U.S.C. 6101 note) is amended—

5 (1) in subsection (a)—

6 (A) in paragraph (1), by inserting ‘‘, in7 cluding with respect to contracts in connection 

8 with contingency operations’’ before the semi9 colon; and 

10 (B) in paragraph (7)—

11 (i) in subparagraph (B), by striking 

12 ‘‘and’’ at the end; 

13 (ii) in subparagraph (C), by striking 

14 the period at the end and inserting ‘‘; 

15 and’’; and 

16 (iii) by adding at the end the fol17 lowing new subparagraph: 

18 ‘‘(D) a summary of suspensions, 

19 debarments, and administrative agreements 

20 during the previous year.’’; and 

21 (2) by striking subsection (b) and inserting the 

22 following new subsections: 

23 ‘‘(b) DATE OF SUBMITTAL OF ANNUAL REPORTS.—

24 The annual report required by subsection (a)(7) shall be 


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1 submitted not later than January 31 of each year, begin2 ning with January 31, 2014. 

3 ‘‘(c) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘contingency operation’ has the 

5 meaning given that term in section 101(a)(13) of 

6 title 10, United States Code. 

7 ‘‘(2) The term ‘Interagency Committee on De8 barment and Suspension’ means the committee con9 stituted under sections 4 and 5 of Executive Order 

10 No. 12549.’’. 

11 (c) COVERED AGENCY.—In this section, the term 

12 ‘‘covered agency’’ means the Department of Defense, the 

13 Department of State, and the United States Agency for 

14 International Development. 

15 SEC. 862. UNIFORM CONTRACT WRITING SYSTEM REQUIRE16 MENTS. 

17 (a) UNIFORM STANDARDS AND CONTROLS RE18 QUIRED.—Not later than 180 days after the date of the 

19 enactment of this Act, the officials specified in subsection 

20 (b) shall—

21 (1) establish uniform data standards, internal 

22 control requirements, independent verification and 

23 validation requirements, and business process rules 

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1 ceipts, and invoices by the Department of Defense or 

2 other executive agencies, as applicable; 

3 (2) establish and maintain one or more ap4 proved electronic contract writing systems that con5 form with the standards, requirements, and rules es6 tablished pursuant to paragraph (1); and 

7 (3) require the use of electronic contract writ8 ing systems approved in accordance with paragraph 

9 (2) for all contracts entered into by the Department 

10 of Defense or other executive agencies, as applicable. 

11 (b) COVERED OFFICIALS.—The officials specified in 

12 this subsection are the following: 

13 (1) The Secretary of Defense, with respect to 

14 the Department of Defense and the military depart15 ments. 

16 (2) The Administrator for Federal Procurement 

17 Policy, with respect to the executive agencies other 

18 than the Department of Defense and the military 

19 departments. 

20 (c) ELECTRONIC WRITING SYSTEMS FOR DEPART21 MENT OF STATE AND USAID.—Notwithstanding sub22 section (b)(2), the Secretary of State and the Adminis23 trator of the United States Agency for International De24 velopment may meet the requirements of subsection (a)(2) 

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1 tems for the Department of State and the United States 

2 Agency for International Development, respectively, if the 

3 Secretary and the Administrator, as the case may be, dem4 onstrate to the Administrator for Federal Procurement 

5 Policy that prior investment of resources in existing con6 tract writing systems will result in the most cost effective 

7 and efficient means to satisfy such requirements. 

8 (d) PHASE-IN OF IMPLEMENTATION OF REQUIRE9 MENT FOR APPROVED SYSTEMS.—The officials specified 

10 in subsection (b) may phase in the implementation of the 

11 requirement to use approved electronic contract writing 

12 systems in accordance with subsection (a)(3) over a period 

13 of up to five years beginning with the date of the enact14 ment of this Act. 

15 (e) REPORTS.—Not later than 180 days after the 

16 date of the enactment of this Act, the officials specified 

17 in subsection (b) shall each submit to the appropriate com18 mittees of Congress a report on the implementation of the 

19 requirements of this section. Each report shall, at a min20 imum—

21 (1) describe the standards, requirements, and 

22 rules established pursuant to subsection (a)(1); 

23 (2) identify the electronic contract writing sys24 tems approved pursuant to subsection (a)(2) and, if 

25 multiple systems are approved, explain why the use 


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1 of such multiple systems is the most efficient and ef2 fective approach to meet the contract writing needs 

3 of the Federal Government; and 

4 (3) provide the schedule for phasing in the use 

5 of approved electronic contract writing systems in 

6 accordance with subsections (a)(3) and (d). 

7 (f) DEFINITIONS.—In this section: 

8 (1) The term ‘‘appropriate committees of Con9 gress’’ means—

10 (A) the Committee on Armed Services, the 

11 Committee on Foreign Relations, the Com12 mittee on Homeland Security and Govern13 mental Affairs, and the Committee on Appro14 priations of the Senate; and 

15 (B) the Committee on Armed Services, the 

16 Committee on Foreign Affairs, the Committee 

17 on Oversight and Government Reform, and the 

18 Committee on Appropriations of the House of 

19 Representatives. 

20 (2) The term ‘‘executive agency’’ has the mean21 ing given that term in section 133 of title 41, United 

22 States Code. 


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1 SEC. 863. EXTENSION OF OTHER TRANSACTION AUTHOR2 ITY. 

3 Section 845(i) of the National Defense Authorization 

4 Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amend5 ed by striking ‘‘September 30, 2013’’ and inserting ‘‘Sep6 tember 30, 2018’’. 

7 SEC. 864. REPORT ON ALLOWABLE COSTS OF COMPENSA8 TION OF CONTRACTOR EMPLOYEES. 

9 (a) REPORT REQUIRED.—Not later than 120 days 

10 after the date of the enactment of this Act, the Comp11 troller General of the United States shall submit to Con12 gress a report on the effect of reducing the allowable costs 

13 of contractor compensation of employees to the amount 

14 payable to the President under section 102 of title 3, 

15 United States Code, or to the amount payable to the Vice 

16 President under section 104 of such title. 

17 (b) MATTERS COVERED.—The report shall include, 

18 at a minimum, the following: 

19 (1) An estimate of the total number of con20 tractor employees whose allowable costs of com21 pensation in each of fiscal years 2010, 2011, and 

22 2012 would have exceeded the amount of allowable 

23 costs under section 2324(e)(1)(P) of title 10, United 

24 States Code. 

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1 pensation in each of fiscal years 2010, 2011, and 

2 2012 exceeded the amount payable to the President 

3 under section 102 of title 3, United States Code. 

4 (3) An estimate of the total number of con5 tractor employees whose allowable costs of com6 pensation in fiscal year 2012 exceeded the amount 

7 payable to the Vice President under section 104 of 

8 title 3, United States Code. 

9 (4) An estimate of the total number of con10 tractor employees in fiscal year 2012 that could have 

11 been characterized as falling within a narrowly tar12 geted exception established by the Secretary of De13 fense under section 2324(e)(1)(P) of title 10, United 

14 States Code, as a result of the amendment made by 

15 section 803(a)(2) of the National Defense Author16 ization Act for Fiscal Year 2012 (Public Law 112–

17 81; 125 Stat. 1485). 

18 (5) A description of the duties and services per19 formed in fiscal year 2012 by employees who were 

20 characterized by their employers as falling within a 

21 narrowly targeted exception described in paragraph 

22 (4). 

23 (6) An assessment of whether the compensation 

24 amounts provided in fiscal year 2012 to employees 

25 who were characterized by their employers as falling 


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1 within a narrowly targeted exception described in 

2 paragraph (4) were provided in a manner consistent 

3 with private sector practice. 

4 (7) An assessment of the extent to which con5 tractor employees received compensation in the form 

6 of vested or unvested stock options. 

7 (8) An assessment of the potential impact on 

8 the Department of Defense, contractors of the De9 partment of Defense, and employees of such contrac10 tors of adjusting the amount of allowable costs of 

11 contractor compensation to the amount specified in 

12 paragraph (2) or the amount specified in paragraph 

13 (3). 

14 (9) Such recommendations as the Comptroller 

15 General considers appropriate. 

16 SEC. 865. REPORTS ON USE OF INDEMNIFICATION AGREE17 MENTS. 

18 (a) IN GENERAL.—Not later than 90 days after the 

19 end of each of fiscal years 2013 through 2016, the Sec20 retary of Defense shall submit to the appropriate commit21 tees of Congress a report on any actions described in sub22 section (b) which occurred during the preceding fiscal 

23 years. 

24 (b) ACTIONS DESCRIBED.—


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1 (1) IN GENERAL.—An action described in this 

2 subsection is the Secretary of Defense—

3 (A) entering into a contract that includes 

4 an indemnification provision relating to bodily 

5 injury caused by negligence or relating to 

6 wrongful death; or 

7 (B) modifying an existing contract to in8 clude a provision described in subparagraph (A) 

9 in a contract. 

10 (2) EXCLUDED CONTRACTS.—Paragraph (1) 

11 shall not apply to any contract awarded in accord12 ance with—

13 (A) section 2354 of title 10, United States 

14 Code; or 

15 (B) the Comprehensive Environmental Re16 sponse, Compensation, and Liability Act of 

17 1980 (42 U.S.C. 9601 et seq.). 

18 (c) MATTERS INCLUDED.—For each action covered 

19 in a report under subsection (a), the report shall include—

20 (1) the name of the contractor; 

21 (2) a description of the indemnification provi22 sion included in the contract; and 

23 (3) a justification for the contract including the 

24 indemnification provision. 


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1 (d) FORM.—Each report under subsection (a) shall 

2 be submitted in unclassified form, but may include a clas3 sified annex. 

4 (e) APPROPRIATE COMMITTEES OF CONGRESS DE5 FINED.—In this section, the term ‘‘appropriate commit6 tees of Congress’’ means—

7 (1) the Committee on Armed Services, the 

8 Committee on the Budget, and the Committee on 

9 Appropriations of the Senate; and 

10 (2) the Committee on Armed Services, the 

11 Committee on the Budget, and the Committee on 

12 Appropriations of the House of Representatives. 

13 SEC. 866. PLAN TO INCREASE NUMBER OF CONTRACTORS 

14 ELIGIBLE FOR CONTRACTS UNDER AIR 

15 FORCE NETCENTS-2 CONTRACT. 

16 (a) PLAN REQUIRED.—Not later than 180 days after 

17 the date of the enactment of this Act, the Secretary of 

18 Defense shall submit to the congressional defense commit19 tees a plan to increase the number of contractors eligible 

20 to be awarded contracts under the Air Force’s Network21 Centric Solutions-2 (NETCENTS-2) indefinite-delivery, 

22 indefinite-quantity (IDIQ) contract. 

23 (b) CONTENT.—The plan required under subsection 

24 (a) shall include the following elements: 


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1 (1) A recommendation and rationale for a max2 imum number of contractors to be eligible for con3 tract awards under NETCENTS-2 to foster com4 petition and reduce overall costs associated with 

5 hardware and operation and maintenance of Air 

6 Networks. 

7 (2) The methodology used to periodically review 

8 existing eligible NETCENTS-2 contractors and con9 tracts. 

10 (3) A timeline to increase the current number 

11 of eligible contractors under NETCENTS-2 and 

12 dates of future ‘‘on-ramps’’ under NETCENTS-2 to 

13 assess current eligible contractors and add addi14 tional eligible contractors. 

15 SEC. 867. INCLUSION OF INFORMATION ON PREVALENT 

16 GROUNDS FOR SUSTAINING BID PROTESTS IN 

17 ANNUAL PROTEST REPORT BY COMP18 TROLLER GENERAL TO CONGRESS. 

19 Section 3554(e)(2) of title 31, United States Code, 

20 is amended by adding at the end the following: ‘‘The re21 port shall also include a summary of the most prevalent 

22 grounds for sustaining protests during such preceding 

23 year.’’. 


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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 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. 


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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.

1 Subtitle A—Department of Defense 

2 Management 

3 SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SEC4 RETARY OF DEFENSE FOR MANUFACTURING 

5 AND INDUSTRIAL BASE POLICY AND AMEND6 MENTS TO STRATEGIC MATERIALS PROTEC7 TION BOARD. 

8 (a) RESPONSIBILITIES OF DEPUTY ASSISTANT SEC9 RETARY.—Section 139c(b) of title 10, United States Code, 

10 is amended—

11 (1) by striking paragraphs (1) through (4) and 

12 inserting the following: 


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1 ‘‘(1) Providing input to strategy reviews, in2 cluding quadrennial defense reviews conducted pur3 suant to section 118 of this title, on matters related 

4 to—

5 ‘‘(A) the defense industrial base; and 

6 ‘‘(B) materials critical to national security. 

7 ‘‘(2) Establishing policies of the Department of 

8 Defense for developing and maintaining the defense 

9 industrial base of the United States and ensuring a 

10 secure supply of materials critical to national secu11 rity. 

12 ‘‘(3) Providing recommendations on budget 

13 matters pertaining to the industrial base, the supply 

14 chain, and the development and retention of skills 

15 necessary to support the industrial base. 

16 ‘‘(4) Providing recommendations and acquisi17 tion policy guidance on supply chain management 

18 and supply chain vulnerability throughout the entire 

19 supply chain, from suppliers of raw materials to pro20 ducers of major end items.’’; 

21 (2) by striking paragraph (5) and redesignating 

22 paragraphs (6), (7), (8), (9), and (10) as para23 graphs (5), (6), (7), (8), and (9), respectively; 

24 (3) by inserting after paragraph (9), as so re25 designated, the following new paragraph (10): 


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1 ‘‘(10) Providing policy and oversight of matters 

2 related to materials critical to national security to 

3 ensure a secure supply of such materials to the De4 partment of Defense.’’; 

5 (4) by redesignating paragraph (15) as para6 graph (18); and 

7 (5) by inserting after paragraph (14) the fol8 lowing new paragraphs: 

9 ‘‘(15) Coordinating with the Director of Small 

10 Business Programs on all matters related to indus11 trial base policy of the Department of Defense. 

12 ‘‘(16) Ensuring reliable sources of materials 

13 critical to national security, such as specialty metals, 

14 armor plate, and rare earth elements. 

15 ‘‘(17) Establishing policies of the Department 

16 of Defense for continued reliable resource availability 

17 from secure sources for the industrial base of the 

18 United States.’’. 

19 (b) MATERIALS CRITICAL TO NATIONAL SECURITY

20 DEFINED.—Section 139c of such title is further amended 

21 by adding at the end the following new subsection: 

22 ‘‘(d) MATERIALS CRITICAL TO NATIONAL SECURITY

23 DEFINED.—In this section, the term ‘materials critical to 

24 national security’ has the meaning given that term in sec25 tion 187(e)(1) of this title.’’. 


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1 (c) AMENDMENTS TO STRATEGIC MATERIALS PRO2 TECTION BOARD.—

3 (1) MEMBERSHIP.—Paragraph (2) of section 

4 187(a) of such title is amended to read as follows: 

5 ‘‘(2) The Board shall be composed of the following: 

6 ‘‘(A) The Deputy Assistant Secretary of De7 fense for Manufacturing and Industrial Base Policy, 

8 who shall be the chairman of the Board. 

9 ‘‘(B) The Administrator of the Defense Logis10 tics Agency Strategic Materials, or any successor or11 ganization, who shall be the vice chairman of the 

12 Board. 

13 ‘‘(C) A designee of the Assistant Secretary of 

14 the Army for Acquisition, Logistics, and Technology. 

15 ‘‘(D) A designee of the Assistant Secretary of 

16 the Navy for Research, Development, and Acquisi17 tion. 

18 ‘‘(E) A designee of the Assistant Secretary of 

19 the Air Force for Acquisition.’’. 

20 (2) DUTIES.—Paragraphs (3) and (4) of sec21 tion 187(b) of such title are each amended by strik22 ing ‘‘President’’ and inserting ‘‘Secretary’’. 

23 (3) MEETINGS.—Section 187(c) of such title is 

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1 serting ‘‘Deputy Assistant Secretary of Defense for 

2 Manufacturing and Industrial Base Policy’’. 

3 (4) REPORTS.—Section 187(d) of such title is 

4 amended to read as follows: 

5 ‘‘(d) REPORTS.—(1) Subject to paragraph (2), after 

6 each meeting of the Board, the Board shall prepare a re7 port containing the results of the meeting and such rec8 ommendations as the Board determines appropriate. Each 

9 such report shall be submitted to the congressional defense 

10 committees, together with comments and recommenda11 tions from the Secretary of Defense, not later than 90 

12 days after the meeting covered by the report. 

13 ‘‘(2) In any year in which the Board meets more than 

14 once, each report prepared by the Board as required by 

15 paragraph (1) may be combined into one annual report 

16 and submitted as provided by paragraph (1) not later than 

17 90 days after the last meeting of the year.’’. 

18 SEC. 902. REQUIREMENT FOR FOCUS ON URGENT OPER19 ATIONAL NEEDS AND RAPID ACQUISITION. 

20 (a) DESIGNATION OF SENIOR OFFICIAL RESPON21 SIBLE FOR FOCUS ON URGENT OPERATIONAL NEEDS

22 AND RAPID ACQUISITION.—

23 (1) IN GENERAL.—The Secretary of Defense, 

24 after consultation with the Secretaries of the mili25 tary departments, shall designate a senior official in 


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1 the Office of the Secretary of Defense as the prin2 cipal official of the Department of Defense respon3 sible for leading the Department’s actions on urgent 

4 operational needs and rapid acquisition, in accord5 ance with this section. 

6 (2) STAFF AND RESOURCES.—The Secretary 

7 shall assign to the senior official designated under 

8 paragraph (1) appropriate staff and resources nec9 essary to carry out the official’s functions under this 

10 section. 

11 (b) RESPONSIBILITIES.—The senior official des12 ignated under subsection (a) shall be responsible for the 

13 following: 

14 (1) Acting as an advocate within the Depart15 ment of Defense for issues related to the Depart16 ment’s ability to rapidly respond to urgent oper17 ational needs, including programs funded and car18 ried out by the military departments. 

19 (2) Improving visibility of urgent operational 

20 needs throughout the Department, including across 

21 the military departments, the Defense Agencies, and 

22 all other entities and processes in the Department 

23 that address urgent operational needs. 

24 (3) Ensuring that tools and mechanisms are 

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1 gent operational needs within the Department, from 

2 validation through procurement and fielding, includ3 ing a formal feedback mechanism for the Armed 

4 Forces to provide information on how well fielded so5 lutions are meeting urgent operational needs. 

6 (c) URGENT OPERATIONAL NEEDS DEFINED.—In 

7 this section, the term ‘‘urgent operational needs’’ means 

8 capabilities that are determined by the Secretary of De9 fense, pursuant to the review process required by section 

10 804(b) of the Ike Skelton National Defense Authorization 

11 Act for Fiscal Year 2011 (10 U.S.C. 2302 note), to be 

12 suitable for rapid fielding in response to urgent oper13 ational needs. 

14 SEC. 903. DESIGNATION OF DEPARTMENT OF DEFENSE 

15 SENIOR OFFICIAL FOR ENTERPRISE RE16 SOURCE PLANNING SYSTEM DATA CONVER17 SION. 

18 Not later than 90 days after the date of the enact19 ment of this Act, the Secretary of Defense shall—

20 (1) designate a senior official of the Depart21 ment of Defense as the official with principal re22 sponsibility for coordination and management over23 sight of data conversion for all enterprise resource 

24 planning systems of the Department; and 


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1 (2) set forth the responsibilities of that senior 

2 official with respect to such data conversion. 

3 SEC. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES 

4 FOR DEPUTY ASSISTANT SECRETARY OF DE5 FENSE FOR DEVELOPMENTAL TEST AND 

6 EVALUATION. 

7 (a) DIRECT COMMUNICATION.—Section 139b(a)(3) 

8 of title 10, United States Code, is amended by striking 

9 ‘‘to the Under Secretary’’ before the period and inserting 

10 ‘‘to the Under Secretary. The Deputy Assistant Secretary 

11 may communicate views on matters within the responsi12 bility of the Deputy Assistant Secretary directly to the 

13 Under Secretary without obtaining the approval or concur14 rence of any other official within the Department of De15 fense’’. 

16 (b) DUTIES.—Section 139b(a)(5) of such title is 

17 amended—

18 (1) in subparagraph (A)(i), by striking ‘‘in the 

19 Department of Defense’’ and inserting ‘‘in the mili20 tary departments and other elements of the Depart21 ment of Defense’’; 

22 (2) in subparagraph (B), by striking ‘‘review 

23 and approve’’ and inserting ‘‘review and approve or 

24 disapprove’’; 


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1 (3) in subparagraph (C), by striking ‘‘pro2 grams’’ and inserting ‘‘programs (including the ac3 tivities of chief developmental testers and lead devel4 opmental test evaluation organizations designated in 

5 accordance with subsection (c))’’; 

6 (4) in subparagraph (E), by striking ‘‘and’’ 

7 after the semicolon at the end; and 

8 (5) by redesignating subparagraph (F) as sub9 paragraph (G) and by inserting after subparagraph 

10 (E) the following new subparagraph (F): 

11 ‘‘(F) in consultation with the Assistant 

12 Secretary of Defense for Research and Engi13 neering, assess the technological maturity and 

14 integration risk of critical technologies at key 

15 stages in the acquisition process; and’’. 

16 (c) CONCURRENT SERVICE.—Section 139b(a)(7) of 

17 such title is amended by striking ‘‘may’’ and inserting 

18 ‘‘shall’’. 

19 (d) RESOURCES.—Section 139b(a) of such title is 

20 amended by adding at the end the following new para21 graph: 

22 ‘‘(8) RESOURCES.—

23 ‘‘(A) The President shall include in the 

24 budget transmitted to Congress, pursuant to 

25 section 1105 of title 31, for each fiscal year, a 


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1 separate statement of estimated expenditures 

2 and proposed appropriations for the fiscal year 

3 for the activities of the Deputy Assistant Sec4 retary of Defense for Developmental Test and 

5 Evaluation in carrying out the duties and re6 sponsibilities of the Deputy Assistant Secretary 

7 under this section. 

8 ‘‘(B) The Deputy Assistant Secretary of 

9 Defense for Developmental Test and Evaluation 

10 shall have sufficient professional staff of mili11 tary and civilian personnel to enable the Deputy 

12 Assistant Secretary to carry out the duties and 

13 responsibilities prescribed by law.’’. 

14 (e) CONSULTATIONS RELATING TO TECHNOLOGICAL

15 READINESS.—

16 (1) CONSULTATION ON REPORT ON CRITICAL

17 TECHNOLOGIES.—Section 138b(b)(2) of such title is 

18 amended by striking ‘‘The Assistant Secretary shall 

19 submit’’ and inserting ‘‘The Assistant Secretary, in 

20 consultation with the Deputy Assistant Secretary of 

21 Defense for Developmental Test and Evaluation, 

22 shall submit’’. 

23 (2) CONSULTATION DURING CERTIFICATION

24 PROCESS FOR MAJOR DEFENSE ACQUISITION PRO25 GRAMS.—Section 2366b(a)(3)(D) of such title is 


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1 amended by striking ‘‘the Assistant Secretary of De2 fense for Research and Engineering’’ and inserting 

3 ‘‘the Assistant Secretary of Defense for Research 

4 and Engineering, in consultation with the Deputy 

5 Assistant Secretary of Defense for Developmental 

6 Test and Evaluation’’. 

7 (f) DUTIES OF CHIEF DEVELOPMENTAL TESTER

8 AND LEAD DEVELOPMENTAL TEST AND EVALUATION OR9 GANIZATION.—Section 139b(c) of such title is amended—

10 (1) in paragraph (2), by striking ‘‘shall be re11 sponsible for’’ and inserting ‘‘, consistent with poli12 cies and guidance issued pursuant to subsection 

13 (a)(5)(A), shall be responsible for’’; 

14 (2) in paragraph (3), by striking ‘‘shall be re15 sponsible for’’ and inserting ‘‘, consistent with poli16 cies and guidance issued pursuant to subsection 

17 (a)(5)(A), shall be responsible for’’; and 

18 (3) by adding at the end the following new 

19 paragraph: 

20 ‘‘(4) TRANSMITTAL OF RECORDS AND DATA.—

21 The chief developmental tester and the lead develop22 mental test and evaluation organization for a major 

23 defense acquisition program shall promptly transmit 

24 to the Deputy Assistant Secretary of Defense for 

25 Developmental Test and Evaluation any records or 


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1 data relating to the program that are requested by 

2 the Deputy Assistant Secretary, as provided in sub3 section (a)(6).’’. 

4 (g) ANNUAL REPORT.—Section 139b(d) of such title 

5 is amended—

6 (1) in the subsection heading, by striking 

7 ‘‘JOINT’’; 

8 (2) by redesignating paragraphs (1), (2), (3), 

9 and (4) as subparagraphs (A), (B), (C), and (D), re10 spectively, and moving each subparagraph (as so re11 designated) two ems to the right; 

12 (3) by striking ‘‘Not later than March 31’’ and 

13 inserting: 

14 ‘‘(1) IN GENERAL.—Not later than March 31’’; 

15 (4) in the matter appearing before subpara16 graph (A), as so redesignated, by striking ‘‘jointly’’ 

17 and inserting ‘‘each’’; and 

18 (5) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) ADDITIONAL REQUIREMENTS FOR REPORT

21 BY DEPUTY ASSISTANT SECRETARY OF DEFENSE

22 FOR DEVELOPMENTAL TEST AND EVALUATION.—

23 With respect to the report required under paragraph 

24 (1) by the Deputy Assistant Secretary of Defense 


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1 for Developmental Test and Evaluation, the report 

2 shall include—

3 ‘‘(A) a separate section that covers the ac4 tivities of the Department of Defense Test Re5 source Management Center (established under 

6 section 196 of this title) during the preceding 

7 year; and 

8 ‘‘(B) a separate section that addresses the 

9 adequacy of the resources available to the Dep10 uty Assistant Secretary of Defense for Develop11 mental Test and Evaluation and to the lead de12 velopmental test and evaluation organizations of 

13 the military departments to carry out the re14 sponsibilities prescribed by this section.’’. 

15 (h) REPORTS TO CONGRESS ON FAILURE TO COM16 PLY WITH RECOMMENDATIONS.—

17 (1) REPORT REQUIRED.—Not later than 60 

18 days after the end of each fiscal year, from fiscal 

19 year 2013 through fiscal year 2018, the Under Sec20 retary of Defense for Acquisition, Technology, and 

21 Logistics shall submit to the congressional defense 

22 committees a report on each case in which a major 

23 defense acquisition program, in the preceding fiscal 

24 year—


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1 (A) proceeded to implement a test and 

2 evaluation master plan notwithstanding a deci3 sion of the Deputy Assistant Secretary of De4 fense for Developmental Test and Evaluation to 

5 disapprove the developmental test and evalua6 tion plan within that plan in accordance with 

7 section 139b(a)(5)(B) of title 10, United States 

8 Code; or 

9 (B) proceeded to initial operational testing 

10 and evaluation notwithstanding a determination 

11 by the Deputy Assistant Secretary of Defense 

12 for Developmental Test and Evaluation on the 

13 basis of an assessment of operational test readi14 ness that the program is not ready for oper15 ational testing. 

16 (2) MATTERS COVERED.—

17 (A) For each program covered by para18 graph (1)(A), the report shall include the fol19 lowing: 

20 (i) A description of the specific as21 pects of the developmental test and evalua22 tion plan that the Deputy Assistant Sec23 retary determined to be inadequate. 

24 (ii) An explanation of the reasons why 

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1 sistant Secretary’s recommendations with 

2 regard to those aspects of the develop3 mental test and evaluation plan. 

4 (iii) The steps taken to address those 

5 aspects of the developmental test and eval6 uation plan and address the concerns of 

7 the Deputy Assistant Secretary. 

8 (B) For each program covered by para9 graph (1)(B), the report shall include the fol10 lowing: 

11 (i) An explanation of the reasons why 

12 the program proceeded to initial oper13 ational testing and evaluation notwith14 standing the findings of the assessment of 

15 operational test readiness. 

16 (ii) A description of the aspects of the 

17 approved testing and evaluation master 

18 plan that had to be set aside to enable the 

19 program to proceed to initial operational 

20 testing and evaluation. 

21 (iii) A description of how the program 

22 addressed the specific areas of concern 

23 raised in the assessment of operational test 

24 readiness. 


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1 (iv) A statement of whether initial 

2 operational testing and evaluation identi3 fied any significant shortcomings in the 

4 program. 

5 (3) ADDITIONAL CONGRESSIONAL NOTIFICA6 TION.—Not later than 30 days after any decision to 

7 conduct developmental testing on a major defense 

8 acquisition program without an approved test and 

9 evaluation master plan in place, the Under Secretary 

10 of Defense for Acquisition, Technology, and Logis11 tics shall provide to the congressional defense com12 mittees a written explanation of the basis for the de13 cision and a timeline for getting an approved plan 

14 in place. 

15 SEC. 905. DEFINITION AND REPORT ON TERMS ‘‘PREPARA16 TION OF THE ENVIRONMENT’’ AND ‘‘OPER17 ATIONAL PREPARATION OF THE ENVIRON18 MENT’’ FOR JOINT DOCTRINE PURPOSES. 

19 (a) DEFINITIONS REQUIRED.—Not later than 90 

20 days after the date of the enactment of this Act, the Sec21 retary of Defense shall define for purposes of joint doc22 trine the following terms: 

23 (1) The term ‘‘preparation of the environment’’. 

24 (2) The term ‘‘operational preparation of the 

25 environment’’. 


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1 (b) REPORT REQUIRED.—

2 (1) IN GENERAL.—Not later than 180 days 

3 after the date of the enactment of this Act, the Sec4 retary shall submit to the Committees on Armed 

5 Services of the Senate and the House of Representa6 tives a report on the terms defined under subsection 

7 (a). The report shall include the following: 

8 (A) The definition of the term ‘‘prepara9 tion of the environment’’ pursuant to subsection 

10 (a). 

11 (B) Examples of activities meeting the def12 inition of the term ‘‘preparation of the environ13 ment’’ by special operations forces and general 

14 purpose forces. 

15 (C) The definition of the term ‘‘operational 

16 preparation of the environment’’ pursuant to 

17 subsection (a). 

18 (D) Examples of activities meeting the def19 inition of the term ‘‘operational preparation of 

20 the environment’’ by special operations forces 

21 and general purpose forces. 

22 (E) An assessment of the appropriate roles 

23 of special operations forces and general purpose 

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1 ment’’ and the definition of the term ‘‘oper2 ational preparation of the environment’’. 

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

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

5 include a classified annex. 

6 SEC. 906. INFORMATION FOR DEPUTY CHIEF MANAGEMENT 

7 OFFICER OF THE DEPARTMENT OF DEFENSE 

8 FROM THE MILITARY DEPARTMENTS AND DE9 FENSE AGENCIES FOR DEFENSE BUSINESS 

10 SYSTEM INVESTMENT REVIEWS. 

11 Section 2222(g) of title 10, United States Code, is 

12 amended by adding at the end the following new para13 graph: 

14 ‘‘(3)(A) The investment management process re15 quired by paragraph (1) shall include requirements for the 

16 military departments and the Defense Agencies to make 

17 available to the Deputy Chief Management Officer such 

18 information on covered defense business system programs 

19 and other business functions as the Deputy Chief Manage20 ment Officer shall require for the review of defense busi21 ness system programs under the process. Such informa22 tion shall be made available to the Deputy Chief Manage23 ment Officer through existing data sources or in a stand24 ardized format established by the Deputy Chief Manage25 ment Officer for purposes of this paragraph.’’. 


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1 Subtitle B—Space Activities 

2 SEC. 911. REPORTS ON INTEGRATION OF ACQUISITION AND 

3 CAPABILITY DELIVERY SCHEDULES FOR SEG4 MENTS OF MAJOR SATELLITE ACQUISITION 

5 PROGRAMS AND FUNDING FOR SUCH PRO6 GRAMS. 

7 (a) IN GENERAL.—Chapter 135 of title 10, United 

8 States Code, is amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 2275. Reports on integration of acquisition and ca11 pability delivery schedules for segments 

12 of major satellite acquisition programs 

13 and funding for such programs 

14 ‘‘(a) REPORTS REQUIRED.—The Under Secretary of 

15 Defense for Acquisition, Technology, and Logistics shall 

16 submit to the congressional defense committees a report 

17 on each major satellite acquisition program in accordance 

18 with subsection (d) that assesses—

19 ‘‘(1) the integration of the schedules for the ac20 quisition and the delivery of the capabilities of the 

21 segments for the program; and 

22 ‘‘(2) funding for the program. 

23 ‘‘(b) ELEMENTS.—Each report required by sub24 section (a) with respect to a major satellite acquisition 

25 program shall include the following: 


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1 ‘‘(1) The amount of funding approved for the 

2 program and for each segment of the program that 

3 is necessary for full operational capability of the pro4 gram. 

5 ‘‘(2) The dates by which the program and each 

6 segment of the program is anticipated to reach ini7 tial and full operational capability. 

8 ‘‘(3) A description of the intended primary ca9 pabilities and key performance parameters of the 

10 program. 

11 ‘‘(4) An assessment of the extent to which the 

12 schedules for the acquisition and the delivery of the 

13 capabilities of the segments for the program or any 

14 related program referred to in paragraph (1) are in15 tegrated. 

16 ‘‘(5) If the Under Secretary determines pursu17 ant to the assessment under paragraph (4) that the 

18 program is a non-integrated program, an identifica19 tion of—

20 ‘‘(A) the impact on the mission of the pro21 gram of having the delivery of the segment ca22 pabilities of the program more than one year 

23 apart; 

24 ‘‘(B) the measures the Under Secretary is 

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1 tegration of the acquisition and delivery sched2 ules of the segment capabilities; and 

3 ‘‘(C) the risks and challenges that impede 

4 the ability of the Department of Defense to 

5 fully integrate those schedules. 

6 ‘‘(c) CONSIDERATION BY MILESTONE DECISION AU7 THORITY.—The Milestone Decision Authority shall include 

8 the report required by subsection (a) with respect to a 

9 major satellite acquisition program as part of the docu10 mentation used to approve the acquisition of the program. 

11 ‘‘(d) SUBMITTAL OF REPORTS.—(1) In the case of 

12 a major satellite acquisition program initiated before the 

13 date of the enactment of the National Defense Authoriza14 tion Act for Fiscal Year 2013, the Under Secretary shall 

15 submit the report required by subsection (a) with respect 

16 to the program not later than one year after such date 

17 of enactment. 

18 ‘‘(2) In the case of a major satellite acquisition pro19 gram initiated on or after the date of the enactment of 

20 the National Defense Authorization Act for Fiscal Year 

21 2013, the Under Secretary shall submit the report re22 quired by subsection (a) with respect to the program at 

23 the time of the Milestone B approval of the program. 

24 ‘‘(e) NOTIFICATION TO CONGRESS OF NON-INTE25 GRATED ACQUISITION AND CAPABILITY DELIVERY


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1 SCHEDULES.—If, after submitting the report required by 

2 subsection (a) with respect to a major satellite acquisition 

3 program, the Under Secretary determines that the pro4 gram is a non-integrated program, the Under Secretary 

5 shall, not later than 30 days after making that determina6 tion, submit to the congressional defense committees a re7 port—

8 ‘‘(1) notifying the committees of that deter9 mination; and 

10 ‘‘(2) identifying—

11 ‘‘(A) the impact on the mission of the pro12 gram of having the delivery of the segment ca13 pabilities of the program more than one year 

14 apart; 

15 ‘‘(B) the measures the Under Secretary is 

16 taking or is planning to take to improve the in17 tegration of the acquisition and delivery sched18 ules of the segment capabilities; and 

19 ‘‘(C) the risks and challenges that impede 

20 the ability of the Department of Defense to 

21 fully integrate those schedules. 

22 ‘‘(f) ANNUAL UPDATES FOR NON-INTEGRATED PRO23 GRAMS.—

24 ‘‘(1) REQUIREMENT.—For each major satellite 

25 acquisition program that the Under Secretary has 


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1 determined under subsection (b)(5) or subsection (e) 

2 is a non-integrated program, the Under Secretary 

3 shall annually submit to Congress, at the same time 

4 the budget of the President for a fiscal year is sub5 mitted under section 1105 of title 31, an update to 

6 the report required by subsection (a) for such pro7 gram. 

8 ‘‘(2) TERMINATION OF REQUIREMENT.—The 

9 requirement to submit an annual report update for 

10 a program under paragraph (1) shall terminate on 

11 the date on which the Under Secretary submits to 

12 the congressional defense committees notice that the 

13 Under Secretary has determined that such program 

14 is no longer a non-integrated program, or on the 

15 date that is five years after the date on which the 

16 initial report update required under paragraph (1) is 

17 submitted, whichever is earlier. 

18 ‘‘(3) GAO REVIEW OF CERTAIN NON-INTE19 GRATED PROGRAMS.—If at the time of the termi20 nation of the requirement to annually update a re21 port for a program under paragraph (1) the Under 

22 Secretary has not provided notice to the congres23 sional defense committees that the Under Secretary 

24 has determined that the program is no longer a non25 integrated program, the Comptroller General shall 


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1 conduct a review of such program and submit the 

2 results of such review to the congressional defense 

3 committees. 

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

5 ‘‘(1) SEGMENTS.—The term ‘segments’, with 

6 respect to a major satellite acquisition program, re7 fers to any satellites acquired under the program 

8 and the ground equipment and user terminals nec9 essary to fully exploit the capabilities provided by 

10 those satellites. 

11 ‘‘(2) MAJOR SATELLITE ACQUISITION PRO12 GRAM.—The term ‘major satellite acquisition pro13 gram’ means a major defense acquisition program 

14 (as defined in section 2430 of this title) for the ac15 quisition of a satellite. 

16 ‘‘(3) MILESTONE B APPROVAL.—The term 

17 ‘Milestone B approval’ has the meaning given that 

18 term in section 2366(e)(7) of this title. 

19 ‘‘(4) NON-INTEGRATED PROGRAM.—The term 

20 ‘non-integrated program’ means a program with re21 spect to which the schedules for the acquisition and 

22 the delivery of the capabilities of the segments for 

23 the program, or a related program that is necessary 

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1 bilities of at least two of the three segments for the 

2 program or related program more than one year 

3 apart.’’. 

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

5 at the beginning of chapter 135 of such title is amended 

6 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.’’.

7 SEC. 912. COMMERCIAL SPACE LAUNCH COOPERATION. 

8 (a) IN GENERAL.—Chapter 135 of title 10, United 

9 States Code, as amended by section 911 of this Act, is 

10 further amended by adding at the end the following new 

11 section: 

12 ‘‘§ 2276. Commercial space launch cooperation 

13 ‘‘(a) AUTHORITY.—The Secretary of Defense may 

14 take such actions as the Secretary considers to be in the 

15 best interest of the Federal Government to—

16 ‘‘(1) maximize the use of the capacity of the 

17 space transportation infrastructure of the Depart18 ment of Defense by the private sector in the United 

19 States; 

20 ‘‘(2) maximize the effectiveness and efficiency 

21 of the space transportation infrastructure of the De22 partment of Defense; 

23 ‘‘(3) reduce the cost of services provided by the 

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1 tation infrastructure at launch support facilities and 

2 space recovery support facilities; 

3 ‘‘(4) encourage commercial space activities by 

4 enabling investment by covered entities in the space 

5 transportation infrastructure of the Department of 

6 Defense; and 

7 ‘‘(5) foster cooperation between the Department 

8 of Defense and covered entities. 

9 ‘‘(b) AUTHORITY FOR CONTRACTS AND OTHER

10 AGREEMENTS RELATING TO SPACE TRANSPORTATION IN11 FRASTRUCTURE.—The Secretary of Defense—

12 ‘‘(1) may enter into an agreement with a cov13 ered entity to provide the covered entity with sup14 port and services related to the space transportation 

15 infrastructure of the Department of Defense; and 

16 ‘‘(2) upon the request of such covered entity, 

17 may include such support and services in the space 

18 launch and reentry range support requirements of 

19 the Department of Defense if—

20 ‘‘(A) the Secretary determines that the in21 clusion of such support and services in such re22 quirements—

23 ‘‘(i) is in the best interest of the Fed24 eral Government; 


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1 ‘‘(ii) does not interfere with the re2 quirements of the Department of Defense; 

3 and 

4 ‘‘(iii) does not compete with the com5 mercial space activities of other covered en6 tities, unless that competition is in the na7 tional security interests of the United 

8 States; and 

9 ‘‘(B) any commercial requirement included 

10 in the agreement has full non-Federal funding 

11 before the execution of the agreement. 

12 ‘‘(c) CONTRIBUTIONS.—

13 ‘‘(1) IN GENERAL.—The Secretary of Defense 

14 may enter into an agreement with a covered entity 

15 on a cooperative and voluntary basis to accept con16 tributions of funds, services, and equipment to carry 

17 out this section. 

18 ‘‘(2) USE OF CONTRIBUTIONS.—Any funds, 

19 services, or equipment accepted by the Secretary 

20 under this subsection—

21 ‘‘(A) may be used only for the objectives 

22 specified in this section in accordance with 

23 terms of use set forth in the agreement entered 

24 into under this subsection; and 


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1 ‘‘(B) shall be managed by the Secretary in 

2 accordance with regulations of the Department 

3 of Defense. 

4 ‘‘(3) REQUIREMENTS WITH RESPECT TO

5 AGREEMENTS.—An agreement entered into with a 

6 covered entity under this subsection—

7 ‘‘(A) shall address the terms of use, owner8 ship, and disposition of the funds, services, or 

9 equipment contributed pursuant to the agree10 ment; and 

11 ‘‘(B) shall include a provision that the cov12 ered entity will not recover the costs of its con13 tribution through any other agreement with the 

14 United States. 

15 ‘‘(d) DEFENSE COOPERATION SPACE LAUNCH AC16 COUNT.—

17 ‘‘(1) ESTABLISHMENT.—There is established in 

18 the Treasury of the United States a special account 

19 to be known as the ‘Defense Cooperation Space 

20 Launch Account’. 

21 ‘‘(2) CREDITING OF FUNDS.—Funds received 

22 by the Secretary of Defense under subsection (c) 

23 shall be credited to the Defense Cooperation Space 

24 Launch Account. 


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1 ‘‘(3) USE OF FUNDS.—Funds deposited in the 

2 Defense Cooperation Space Launch Account under 

3 paragraph (2) are authorized to be appropriated and 

4 shall be available for obligation only to the extent 

5 provided in advance in an appropriation Act for 

6 costs incurred by the Department of Defense in car7 rying out subsection (b). Funds in the Account shall 

8 remain available until expended. 

9 ‘‘(e) ANNUAL REPORT.—Not later than January 31 

10 of each year, the Secretary of Defense shall submit to the 

11 congressional defense committees a report on the funds, 

12 services, and equipment accepted and used by the Sec13 retary under this section during the preceding fiscal year. 

14 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

15 prescribe regulations to carry out this section. 

16 ‘‘(g) DEFINITIONS.—In this section: 

17 ‘‘(1) COVERED ENTITY.—The term ‘covered en18 tity’ means a non-Federal entity that—

19 ‘‘(A) is organized under the laws of the 

20 United States or of any jurisdiction within the 

21 United States; and 

22 ‘‘(B) is engaged in commercial space ac23 tivities. 


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1 ‘‘(2) LAUNCH SUPPORT FACILITIES.—The term 

2 ‘launch support facilities’ has the meaning given the 

3 term in section 50501(7) of title 51. 

4 ‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.—

5 The term ‘space recovery support facilities’ has the 

6 meaning given the term in section 50501(11) of title 

7 51. 

8 ‘‘(4) SPACE TRANSPORTATION INFRASTRUC9 TURE.—The term ‘space transportation infrastruc10 ture’ has the meaning given that term in section 

11 50501(12) of title 51.’’. 

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

13 at the beginning of such chapter, as so amended, is further 

14 amended by adding at the end the following new item:

‘‘2276. Commercial space launch cooperation.’’.

15 SEC. 913. LIMITATION ON INTERNATIONAL AGREEMENTS 

16 CONCERNING OUTER SPACE ACTIVITIES. 

17 (a) CERTIFICATION REQUIRED.—If the United 

18 States becomes a signatory to a non-legally binding inter19 national agreement concerning an International Code of 

20 Conduct for Outer Space Activities or any similar agree21 ment, at the same time as the United States becomes such 

22 a signatory—

23 (1) the President shall submit to the congres24 sional defense committees, the Permanent Select 

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1 resentatives, and the Select Committee on Intel2 ligence of the Senate a certification that such agree3 ment has no legally-binding effect or basis for lim4 iting the activities of the United States in outer 

5 space; and 

6 (2) the Secretary of Defense, the Chairman of 

7 the Joint Chiefs of Staff, and the Director of Na8 tional Intelligence shall jointly submit to the con9 gressional defense committees a certification that 

10 such agreement will be equitable, enhance national 

11 security, and have no militarily significant impact on 

12 the ability of the United States to conduct military 

13 or intelligence activities in space. 

14 (b) BRIEFINGS AND NOTIFICATIONS REQUIRED.—

15 (1) RESTATEMENT OF POLICY FORMULATION

16 UNDER THE ARMS CONTROL AND DISARMAMENT ACT

17 WITH RESPECT TO OUTER SPACE.—No action shall 

18 be taken that would obligate the United States to re19 duce or limit the Armed Forces or armaments of the 

20 United States in outer space in a militarily signifi21 cant manner, except pursuant to the treaty-making 

22 power of the President set forth in Article II, Sec23 tion 2, Clause II of the Constitution or unless au24 thorized by the enactment of further affirmative leg25 islation by the Congress of the United States. 


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1 (2) BRIEFINGS.—

2 (A) REQUIREMENT.—The Secretary of De3 fense, the Secretary of State, and the Director 

4 of National Intelligence shall jointly provide to 

5 the covered congressional committees regular, 

6 detailed updates on the negotiation of a non-le7 gally binding international agreement con8 cerning an International Code of Conduct for 

9 Outer Space Activities or any similar agree10 ment. 

11 (B) TERMINATION OF REQUIREMENT.—

12 The requirement to provide regular briefings 

13 under subparagraph (A) shall terminate on the 

14 date on which the United States becomes a sig15 natory to an agreement referred to in subpara16 graph (A), or on the date on which the Presi17 dent certifies to Congress that the United 

18 States is no longer negotiating an agreement 

19 referred to in subparagraph (A), whichever is 

20 earlier. 

21 (3) NOTIFICATIONS.—If the United States be22 comes a signatory to a non-legally binding inter23 national agreement concerning an International 

24 Code of Conduct for Outer Space Activities or any 

25 similar agreement, not less than 60 days prior to 


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1 any action that will obligate the United States to re2 duce or limit the Armed Forces or armaments or ac3 tivities of the United States in outer space, the head 

4 of each Department or agency of the Federal Gov5 ernment that is affected by such action shall submit 

6 to Congress notice of such action and the effect of 

7 such action on such Department or agency. 

8 (4) DEFINITION.—In this subsection, the term 

9 ‘‘covered congressional committees’’ means—

10 (A) the Committee on Armed Services, the 

11 Committee on Foreign Affairs, and the Perma12 nent Select Committee on Intelligence of the 

13 House of Representatives; and 

14 (B) the Committee on Armed Services, the 

15 Committee on Foreign Relations, and the Select 

16 Committee on Intelligence of the Senate. 

17 (c) REPORT ON FOREIGN COUNTER-SPACE PRO18 GRAMS.—

19 (1) REPORT REQUIRED.—Chapter 135 of title 

20 10, United States Code, as amended by section 912 

21 of this Act, is further amended by adding at the end 

22 the following new section: 

23 ‘‘§ 2277. Report on foreign counter-space programs 

24 ‘‘(a) REPORT REQUIRED.—Not later than January 1 

25 of each year, the Secretary of Defense and the Director 


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1 of National Intelligence shall jointly submit to Congress 

2 a report on the counter-space programs of foreign coun3 tries. 

4 ‘‘(b) CONTENTS.—Each report required under sub5 section (a) shall include—

6 ‘‘(1) an explanation of whether any foreign 

7 country has a counter-space program that could be 

8 a threat to the national security or commercial space 

9 systems of the United States; and 

10 ‘‘(2) the name of each country with a counter11 space program described in paragraph (1). 

12 ‘‘(c) FORM.—

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graphs (2) and (3), each report required under sub15 section (a) shall be submitted in unclassified form. 

16 ‘‘(2) CLASSIFIED ANNEX.—The Secretary of 

17 Defense and the Director of National Intelligence 

18 may submit to the covered congressional committees 

19 a classified annex to a report required under sub20 section (a) containing any classified information re21 quired to be submitted for such report. 

22 ‘‘(3) FOREIGN COUNTRY NAMES.—

23 ‘‘(A) UNCLASSIFIED FORM.—Subject to 

24 subparagraph (B), each report required under 

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1 quired under subsection (b)(2) in unclassified 

2 form. 

3 ‘‘(B) NATIONAL SECURITY WAIVER.—The 

4 Secretary of Defense and the Director of Na5 tional Intelligence may waive the requirement 

6 under subparagraph (A) if the Secretary and 

7 the Director of National Intelligence jointly de8 termine it is in the interests of national security 

9 to waive such requirement and submits to Con10 gress an explanation of why the Secretary and 

11 the Director waived such requirement. 

12 ‘‘(d) COVERED CONGRESSIONAL COMMITTEES DE13 FINED.—In this section, the term ‘covered congressional 

14 committees’ means the Committee on Armed Services and 

15 the Permanent Select Committee on Intelligence of the 

16 House of Representatives and the Committee on Armed 

17 Services and the Select Committee on Intelligence of the 

18 Senate.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of chapter 135 of title 10, 

21 United States Code, as so amended, is further 

22 amended by adding at the end the following new 

23 item:

‘‘2277. Report on foreign counter-space programs.’’.


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1 SEC. 914. OPERATIONALLY RESPONSIVE SPACE PROGRAM 

2 OFFICE. 

3 (a) IN GENERAL.—Subsection (a) of section 2273a 

4 of title 10, United States Code, is amended to read as 

5 follows: 

6 ‘‘(a) IN GENERAL.—There is within the Air Force 

7 Space and Missile Systems Center of the Department of 

8 Defense a joint program office known as the Operationally 

9 Responsive Space Program Office (in this section referred 

10 to as the ‘Office’). The facilities of the Office may not 

11 be co-located with the headquarters facilities of the Air 

12 Force Space and Missile Systems Center.’’. 

13 (b) HEAD OF OFFICE.—Subsection (b) of such sec14 tion is amended by striking ‘‘shall be—’’ and all that fol15 lows and inserting ‘‘shall be the designee of the Depart16 ment of Defense Executive Agent for Space. The head of 

17 the Office shall report to the Commander of the Air Force 

18 Space and Missile Systems Center.’’. 

19 (c) MISSION.—Subsection (c)(1) of such section is 

20 amended by striking ‘‘spacelift’’ and inserting ‘‘launch’’. 

21 (d) SENIOR ACQUISITION EXECUTIVE.—Paragraph 

22 (1) of subsection (e) of such section is amended to read 

23 as follows: 

24 ‘‘(1) The Program Executive Officer for Space 

25 shall be the Acquisition Executive of the Office and 


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1 shall provide streamlined acquisition authorities for 

2 projects of the Office.’’. 

3 (e) EXECUTIVE COMMITTEE.—Such section is fur4 ther amended by adding at the end the following new sub5 section: 

6 ‘‘(g) EXECUTIVE COMMITTEE.—(1) The Secretary of 

7 Defense shall establish for the Office an Executive Com8 mittee (to be known as the ‘Operationally Responsive 

9 Space Executive Committee’) to provide coordination, 

10 oversight, and approval of projects of the Office. 

11 ‘‘(2) The Executive Committee shall consist of the of12 ficials (and their duties) as follows: 

13 ‘‘(A) The Department of Defense Executive 

14 Agent for Space, who shall serve as Chair of the Ex15 ecutive Committee and provide oversight, 

16 prioritization, coordination, and resources for the 

17 Office. 

18 ‘‘(B) The Under Secretary of Defense for Ac19 quisition, Technology, and Logistics, who shall pro20 vide coordination and oversight of the Office and 

21 recommend funding sources for programs of the Of22 fice that exceed the approved program baseline. 

23 ‘‘(C) The Commander of the United States 

24 Strategic Command, who shall validate requirements 

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1 pate in approval of any acquisition program initiated 

2 by the Office. 

3 ‘‘(D) The Commander of the Air Force Space 

4 Command, the Commander of the Army Space and 

5 Missile Defense Command, and the Commander of 

6 the Space and Naval Warfare Systems Command, 

7 who shall jointly organize, train, and equip forces to 

8 support the acquisition programs of the Office. 

9 ‘‘(E) Such other officials (and their duties) as 

10 the Secretary of Defense considers appropriate.’’. 

11 SEC. 915. REPORT ON OVERHEAD PERSISTENT INFRARED 

12 TECHNOLOGY. 

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

14 of the enactment of this Act, the Secretary of Defense, 

15 in consultation with the Director of National Intelligence, 

16 shall submit to the congressional defense committees, the 

17 Permanent Select Committee on Intelligence of the House 

18 of Representatives, and the Select Committee on Intel19 ligence of the Senate a report on overhead persistent infra20 red technology that includes—

21 (1) an identification of the comprehensive over22 head persistent infrared technology requirements of 

23 the Department of Defense and the intelligence com24 munity; 


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1 (2) a description of the strategy, plan, and 

2 budget for the space layer, with supporting ground 

3 architecture, including key decision points for the 

4 current and next generation overhead persistent in5 frared technology with respect to missile warning, 

6 missile defense, battlespace awareness, and technical 

7 intelligence; 

8 (3) an assessment of whether there are further 

9 opportunities for the Department of Defense and the 

10 intelligence community to capitalize on increased 

11 data sharing, fusion, interoperability, and exploi12 tation; 

13 (4) recommendations on how to better coordi14 nate the efforts by the Department and the intel15 ligence community to exploit overhead persistent in16 frared sensor data; and 

17 (5) any other relevant information that the Sec18 retary considers necessary. 

19 (b) COMPTROLLER GENERAL ASSESSMENT.—Not 

20 later than 90 days after the date on which the Secretary 

21 of Defense submits the report required under subsection 

22 (a), the Comptroller General of the United States shall 

23 submit to the congressional defense committees an assess24 ment of the report required under subsection (a), includ25 ing—


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1 (1) an assessment of whether such report is 

2 comprehensive, fully supported, and sufficiently de3 tailed; and 

4 (2) an identification of any shortcomings, limi5 tations, or other reportable matters that affect the 

6 quality or findings of the report required under sub7 section (a). 

8 (c) INTELLIGENCE COMMUNITY DEFINED.—In this 

9 section, the term ‘‘intelligence community’’ has the mean10 ing given that term in section 3(4) of the National Secu11 rity Act of 1947 (50 U.S.C. 401a(4)). 

12 SEC. 916. ASSESSMENT OF FOREIGN COMPONENTS AND 

13 THE SPACE LAUNCH CAPABILITY OF THE 

14 UNITED STATES. 

15 (a) ASSESSMENT.—The Under Secretary of Defense 

16 for Acquisition, Technology, and Logistics shall conduct 

17 an independent assessment of the national security impli18 cations of continuing to use foreign component and pro19 pulsion systems for the launch vehicles under the evolved 

20 expendable launch vehicle program. 

21 (b) REPORT.—Not later than 180 days after the date 

22 of the enactment of this Act, the Under Secretary of De23 fense for Acquisition, Technology, and Logistics shall sub24 mit to the congressional defense committees a report on 

25 the assessment conducted under subsection (a). 


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1 SEC. 917. REPORT ON COUNTER SPACE TECHNOLOGY. 

2 (a) REPORT.—Not later than one year after the date 

3 of the enactment of this Act, and annually thereafter for 

4 two years, the Secretary of Defense shall submit to the 

5 congressional defense committees, the Committee on For6 eign Affairs of the House of Representatives, and the 

7 Committee on Foreign Relations of the Senate a report 

8 based on all available information (including the Counter 

9 Space Technology List of the Department of State) de10 scribing key space technologies that could be used, or are 

11 being sought, by a foreign country with a counter space 

12 or ballistic missile program, and should be subject to ex13 port controls by the United States or an ally of the United 

14 States, as appropriate. 

15 (b) FORM.—Each report required under subsection 

16 (a) shall be submitted in unclassified form, but may in17 clude a classified annex. 

18 Subtitle C—Intelligence-Related 

19 Activities 

20 SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTEL21 LIGENCE SUPPORT TO CERTAIN SECURITY 

22 ALLIANCES AND REGIONAL ORGANIZATIONS. 

23 (a) AUTHORIZATION.—Section 443(a) of title 10, 

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1 tions with defense or security components, and security 

2 alliances of which the United States is a member’’. 

3 (b) CLERICAL AMENDMENTS.—

4 (1) SECTION HEADING.—The heading of section 

5 443 of title 10, United States Code, is amended by 

6 striking ‘‘foreign countries’’ and inserting 

7 ‘‘foreign countries, regional organiza8 tions, and security alliances’’. 

9 (2) TABLE OF SECTIONS.—The table of sections 

10 at the beginning of chapter 22 of title 10, United 

11 States Code, is amended by striking the item relat12 ing to section 443 and inserting the following new 

13 item:

‘‘443. Imagery intelligence and geospatial information: support for foreign countries, regional organizations, and security alliances.’’.

14 (c) REPORTS.—

15 (1) IN GENERAL.—Not later than January 15 

16 during each of 2014 and 2015, the Director of the 

17 National Geospatial-Intelligence Agency shall submit 

18 to the appropriate congressional committees an an19 nual report on the imagery intelligence or geospatial 

20 information support that the Director provided to a 

21 regional organization or security alliance under sec22 tion 443(a) of title 10, United States Code, as 

23 amended by subsection (a), during the year covered 

24 by the report, including an identification of each 


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1 such organization or alliance and the number of 

2 times such organization or alliance received such in3 telligence or support. 

4 (2) APPROPRIATE CONGRESSIONAL COMMIT5 TEES DEFINED.—In this subsection, the term ‘‘ap6 propriate congressional committees’’ means—

7 (A) the congressional defense committees; 

8 and 

9 (B) the Permanent Select Committee on 

10 Intelligence of the House of Representatives 

11 and the Select Committee on Intelligence of the 

12 Senate. 

13 SEC. 922. TECHNICAL AMENDMENTS TO REFLECT CHANGE 

14 IN NAME OF NATIONAL DEFENSE INTEL15 LIGENCE COLLEGE TO NATIONAL INTEL16 LIGENCE UNIVERSITY. 

17 (a) CONFORMING AMENDMENTS TO REFLECT NAME

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

19 is amended by striking ‘‘National Defense Intelligence 

20 College’’ each place it appears and inserting ‘‘National In21 telligence University’’. 

22 (b) CLERICAL AMENDMENTS.—

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

24 section is amended to read as follows: 


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1 ‘‘§ 2161. Degree granting authority for National Intel2 ligence University’’. 

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

4 such section in the table of sections at the beginning 

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

6 follows:

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

7 SEC. 923. REVIEW OF ARMY DISTRIBUTED COMMON 

8 GROUND SYSTEM. 

9 (a) REVIEW.—The Secretary of the Army shall direct 

10 the Army Systems Acquisition Review Council to—

11 (1) review the Distributed Common Ground 

12 System program of the Army; and 

13 (2) report the results of such review to the con14 gressional defense committees not later than 180 

15 days after the date of the enactment of this Act. 

16 (b) ELEMENTS.—The review required under sub17 section (a) shall include—

18 (1) an assessment of the current acquisition 

19 strategy for the Distributed Common Ground Sys20 tem program of the Army to determine the relevance 

21 of such program to the current and emerging needs 

22 of the Army, including evolving technology needs 

23 and architectural strategies; 

24 (2) an assessment of the current technology 

25 performance to meet existing program requirements, 


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1 including interoperability, net-readiness, and func2 tional performance for both cloud-enabled and dis3 connected operations; 

4 (3) an analysis of competitive procedures that 

5 allow new and emerging capabilities, including inte6 gration of quick reaction capabilities, to be rapidly 

7 integrated into the architecture, including through 

8 the use of product fly-offs using standardized, Gov9 ernment-provided common data sets that allow for 

10 equitable comparisons of capabilities; 

11 (4) an analysis of the current technological path 

12 to ensure such path incorporates current best prac13 tices from industry and is in concert with the emerg14 ing needs and requirements of the Joint Information 

15 Environment; 

16 (5) an assessment of such program to ensure 

17 appropriate investments in human systems integra18 tion are being made to ensure interface usability; 

19 (6) an assessment of such program to ensure 

20 enterprise knowledge management and training re21 quirements are commensurate with the anticipated 

22 force structure of the Army for the decade following 

23 the date of the enactment of this Act; and 

24 (7) recommendations for any changes that may 

25 be needed as a result of the review. 


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1 SEC. 924. ELECTRO-OPTICAL IMAGERY. 

2 (a) IDENTIFICATION OF DEPARTMENT OF DEFENSE

3 ELECTRO-OPTICAL SATELLITE IMAGERY REQUIRE4 MENTS.—

5 (1) REPORT.—Not later than April 1, 2013, the 

6 Chairman of the Joint Requirements Oversight 

7 Council shall submit to the Director of the Congres8 sional Budget Office a report setting forth a com9 prehensive description of Department of Defense 

10 peacetime and wartime requirements for electro-opti11 cal satellite imagery. 

12 (2) SCOPE OF REQUIREMENTS.—The require13 ments under paragraph (1) shall—

14 (A) be expressed in such terms as are nec15 essary, which may include daily regional and 

16 global area coverage and number of point tar17 gets, resolution, revisit rates, mean-time to ac18 cess, latency, redundancy, survivability, and di19 versity; and 

20 (B) take into consideration all types of im21 agery and collection means available. 

22 (b) ASSESSMENT OF IDENTIFIED REQUIREMENTS.—

23 (1) IN GENERAL.—Not later than September 

24 15, 2013, the Director of the Congressional Budget 

25 Office shall submit to the appropriate committees of 


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1 Congress a report setting forth an assessment by the 

2 Director of the report required by subsection (a). 

3 (2) ELEMENTS.—The assessment required by 

4 paragraph (1) shall include an assessment of the fol5 lowing: 

6 (A) The extent to which the requirements 

7 of the Department for electro-optical imagery 

8 from space can be satisfied by commercial com9 panies using either—

10 (i) current designs; or 

11 (ii) enhanced designs that could be 

12 developed at low risk. 

13 (B) The estimated cost and schedule of 

14 satisfying such requirements using commercial 

15 companies. 

16 (3) CONSULTATION AND OTHER RESOURCES.—

17 In preparing the assessment required by paragraph 

18 (1), the Director shall—

19 (A) consult widely with officials of the 

20 Government, private industry, and academia; 

21 and 

22 (B) make maximum use of existing studies 

23 and modeling and simulations. 

24 (4) ACCESS TO INFORMATION.—The Secretary 

25 of Defense shall provide the appropriately cleared 


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1 staff of the Director of the Congressional Budget 

2 Office with such access to information and programs 

3 applicable to the assessment required by paragraph 

4 (1) as the Director of the Congressional Budget Of5 fice shall require for the preparation of the assess6 ment. 

7 (c) APPROPRIATE COMMITTEES OF CONGRESS DE8 FINED.—In this section, the term ‘‘appropriate commit9 tees of Congress’’ means—

10 (1) the Committees on Armed Services and Ap11 propriations and the Select Committee on Intel12 ligence of the Senate; and 

13 (2) the Committees on Armed Services and Ap14 propriations and the Permanent Select Committee 

15 on Intelligence of the House of Representatives. 

16 SEC. 925. DEFENSE CLANDESTINE SERVICE. 

17 (a) PROHIBITION ON USE OF FUNDS FOR ADDI18 TIONAL PERSONNEL.—

19 (1) PROHIBITION.—Subject to paragraph (2), 

20 none of the funds authorized to be appropriated by 

21 this Act may be obligated or expended for—

22 (A) civilian personnel in the Department of 

23 Defense conducting or supporting human intel24 ligence in excess of the number of such civilian 

25 personnel as of April 20, 2012; or 


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1 (B) positions in the Department of De2 fense served by members of the Armed Forces 

3 conducting or supporting human intelligence 

4 within the Department of Defense in excess of 

5 the number of such positions as of April 20, 

6 2012. 

7 (2) REDUCTION OF CIVILIAN PERSONNEL.—

8 (A) REDUCTION.—Subject to subpara9 graph (B), if on the date of the enactment of 

10 this Act the number of civilian personnel in the 

11 Department of Defense conducting or sup12 porting human intelligence exceeds the number 

13 of such personnel as of April 20, 2012, the Sec14 retary of Defense shall, not later than 30 days 

15 after the date of the enactment of this Act, take 

16 appropriate action to promptly reduce, con17 sistent with reduction-in-force procedures, the 

18 total number of such civilian personnel to the 

19 number of such civilian personnel as of April 

20 20, 2012. 

21 (B) EXCEPTION.—For each civilian per22 sonnel in the Department of Defense con23 ducting or supporting human intelligence in ex24 cess of the number of such civilian personnel as 

25 of April 20, 2012, that the Secretary considers 


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1 necessary to maintain after the date of the en2 actment of this Act during all or part of fiscal 

3 year 2013, the Secretary shall submit to the ap4 propriate committees of Congress a comprehen5 sive justification for maintaining such civilian 

6 personnel, including the specific role, mission, 

7 and responsibilities of such civilian personnel 

8 and whether such civilian personnel was em9 ployed in another capacity in the Department of 

10 Defense immediately prior to beginning the con11 duct or support of human intelligence. 

12 (C) LIMITATION.—Notwithstanding any 

13 other provision of this subsection, following the 

14 action taken by the Secretary under subpara15 graph (A), the number of civilian personnel in 

16 the Department of Defense conducting or sup17 porting human intelligence for fiscal year 2013 

18 shall not exceed the total of—

19 (i) the number of such civilian per20 sonnel as of April 20, 2012; and 

21 (ii) the number of such civilian per22 sonnel for which the Secretary has sub23 mitted a justification under subparagraph 

24 (B). 


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1 (b) CAPE REPORT ON COSTS.—Not later than 120 

2 days after the date of the enactment of this Act, the Direc3 tor of Cost Assessment and Program Evaluation of the 

4 Department of Defense, in consultation with the Director 

5 of National Intelligence, shall submit to the appropriate 

6 committees of Congress an independent, comprehensive 

7 estimate of the costs of the Defense Clandestine Service, 

8 including an estimate of the costs over the period of the 

9 current future-years defense program and such years oc10 curring after such period as the Director is able to reason11 ably estimate. 

12 (c) USDI REPORT ON DCS.—

13 (1) REPORT REQUIRED.—Not later than Feb14 ruary 1, 2013, the Under Secretary of Defense for 

15 Intelligence shall submit to the appropriate commit16 tees of Congress a report on the Defense Clandes17 tine Service. 

18 (2) ELEMENTS.—The report under paragraph 

19 (1) shall include the following: 

20 (A) A detailed description of the location 

21 and schedule for current and anticipated de22 ployments of case officers trained under the 

23 Field Tradecraft Course and a certification of 

24 whether each activity receiving a deployment 

25 can accommodate and support the deployment. 


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1 (B) A statement of the objectives for the 

2 effective management of case officers trained 

3 under the Field Tradecraft Course. Such objec4 tives shall include an outline of career manage5 ment tracks commencing with accession, initial 

6 training requirement, number of Defense Clan7 destine Service tours requiring Field Tradecraft 

8 Course training, and objectives for management 

9 of career tracks, including promotion criteria. 

10 (C) A statement of the manner in which 

11 each military department and the Defense In12 telligence Agency will each achieve the objec13 tives applicable under subparagraph (B). 

14 (D) A copy of any memoranda of under15 standing or memoranda of agreement between 

16 the Department of Defense and other depart17 ments and agencies of the United States Gov18 ernment, or between components of the Depart19 ment of Defense, that are required to imple20 ment objectives for the Defense Clandestine 

21 Service. 

22 (d) DEFINITIONS.—In this section: 

23 (1) APPROPRIATE COMMITTEES OF CON24 GRESS.—The term ‘‘appropriate committees of Con25 gress’’ means—


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1 (A) the Committee on Armed Services, the 

2 Committee on Appropriations, and the Select 

3 Committee on Intelligence of the Senate; and 

4 (B) the Committee on Armed Services, the 

5 Committee on Appropriations, and the Perma6 nent Select Committee on Intelligence of the 

7 House of Representatives. 

8 (2) FUTURE-YEARS DEFENSE PROGRAM.—The 

9 term ‘‘future-years defense program’’ means the fu10 ture-years defense program under section 221 of 

11 title 10, United States Code. 

12 Subtitle D—Cyberspace-Related 

13 Matters 

14 SEC. 931. IMPLEMENTATION STRATEGY FOR JOINT INFOR15 MATION ENVIRONMENT. 

16 (a) IMPLEMENTATION STRATEGY.—Not later than 

17 March 31, 2013, the Secretary of Defense shall submit 

18 to the congressional defense committees a strategy for im19 plementing the Joint Information Environment. Such 

20 strategy shall include—

21 (1) a description for the vision for the Joint In22 formation Environment, including a roadmap for 

23 achieving such vision from the existing baseline ar24 chitecture; 


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1 (2) an assessment of the key milestones, 

2 metrics, and resources needed to achieve such vision, 

3 including the anticipated implementation cost and 

4 lifecycle cost savings of the Joint Information Envi5 ronment; 

6 (3) a description of the acquisition strategy and 

7 management plan for implementing the Joint Infor8 mation Environment; 

9 (4) an analysis of the key technical and policy 

10 challenges that must be addressed to achieve such 

11 vision, including assignment of responsibility for ad12 dressing such challenges; 

13 (5) an identification of dependencies with exist14 ing initiatives or programs and capability gaps not 

15 currently addressed by funded initiatives or pro16 grams; and 

17 (6) an assessment of the personnel challenges 

18 associated with manning, training, operating, de19 fending, and fighting in the Joint Information Envi20 ronment as a command and control and weapon sys21 tem. 

22 (b) PERSONNEL PLAN.—Not later than one year 

23 after the date of the enactment of this Act, the Secretary 

24 of Defense, in consultation with the Chairman of the Joint 

25 Chiefs of Staff, shall submit to the congressional defense 


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1 committees a Department-wide personnel plan for making 

2 the Joint Information Environment operational. Such per3 sonnel plan shall be based on the strategy required under 

4 subsection (a) and shall include a validated Joint Staff 

5 requirement for manpower levels and the levels required 

6 for each of the military departments and combat support 

7 agencies needed for full spectrum cyber operations, includ8 ing the national cyber defense mission and the operational 

9 plans of the combatant commands, for each fiscal year 

10 across the current future-years defense program. 

11 SEC. 932. NEXT-GENERATION HOST-BASED CYBER SECU12 RITY SYSTEM FOR THE DEPARTMENT OF DE13 FENSE. 

14 (a) STRATEGY FOR ACQUISITION OF SYSTEM RE15 QUIRED.—The Chief Information Officer of the Depart16 ment of Defense shall, in consultation with the Under Sec17 retary of Defense for Acquisition, Technology, and Logis18 tics and the Commander of the United States Cyber Com19 mand, develop a strategy to acquire next-generation host20 based cyber security tools and capabilities (in this section 

21 referred to as a ‘‘next-generation system’’) for the Depart22 ment of Defense. 

23 (b) ELEMENTS OF SYSTEM.—It is the sense of Con24 gress that any next-generation system acquired under the 


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1 strategy required by subsection (a) should meet the fol2 lowing requirements: 

3 (1) To overcome problems and limitations in 

4 current capabilities, the system should not rely on 

5 techniques that—

6 (A) cannot address new or rapidly 

7 morphing threats; 

8 (B) consume substantial amounts of com9 munications capacity to remain current with 

10 known threats and to report current status; or 

11 (C) consume substantial amounts of re12 sources to store rapidly growing threat libraries. 

13 (2) The system should provide an open archi14 tecture-based framework for so-called ‘‘plug-and15 play’’ integration of a variety of types of deployable 

16 tools, including appropriate commercially available 

17 applications, in addition to cyber intrusion detection 

18 tools, including tools for—

19 (A) insider threat detection; 

20 (B) continuous monitoring and configura21 tion management; 

22 (C) remediation following infections; and 

23 (D) protection techniques that do not rely 

24 on detection of the attack. 


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1 (3) The system should be designed for ease of 

2 deployment to potentially millions of host devices of 

3 tailored security solutions depending on need and 

4 risk, and to be compatible with cloud-based, thin-cli5 ent, and virtualized environments as well as battle6 field devices and weapons systems. 

7 (c) SUBMITTAL TO CONGRESS.—The Chief Informa8 tion Officer shall submit to Congress a report setting forth 

9 the strategy required by subsection (a) together with the 

10 budget justification materials of the Department of De11 fense submitted to Congress with the budget of the Presi12 dent for fiscal year 2015 pursuant to section 1105(a) of 

13 title 31, United States Code. 

14 SEC. 933. IMPROVEMENTS IN ASSURANCE OF COMPUTER 

15 SOFTWARE PROCURED BY THE DEPARTMENT 

16 OF DEFENSE. 

17 (a) BASELINE SOFTWARE ASSURANCE POLICY.—The 

18 Under Secretary of Defense for Acquisition, Technology, 

19 and Logistics, in coordination with the Chief Information 

20 Officer of the Department of Defense, shall develop and 

21 implement a baseline software assurance policy for the en22 tire lifecycle of covered systems. Such policy shall be in23 cluded as part of the strategy for trusted defense systems 

24 of the Department of Defense. 


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1 (b) POLICY ELEMENTS.—The baseline software as2 surance policy under subsection (a) shall—

3 (1) require use of appropriate automated vul4 nerability analysis tools in computer software code 

5 during the entire lifecycle of a covered system, in6 cluding during development, operational testing, op7 erations and sustainment phases, and retirement; 

8 (2) require covered systems to identify and 

9 prioritize security vulnerabilities and, based on risk, 

10 determine appropriate remediation strategies for 

11 such security vulnerabilities; 

12 (3) ensure such remediation strategies are 

13 translated into contract requirements and evaluated 

14 during source selection; 

15 (4) promote best practices and standards to 

16 achieve software security, assurance, and quality; 

17 and 

18 (5) support competition and allow flexibility and 

19 compatibility with current or emerging software 

20 methodologies. 

21 (c) VERIFICATION OF EFFECTIVE IMPLEMENTA22 TION.—The Under Secretary of Defense for Acquisition, 

23 Technology, and Logistics, in coordination with the Chief 

24 Information Officer of the Department of Defense, shall—


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1 (1) collect data on implementation of the policy 

2 developed under subsection (a) and measure the ef3 fectiveness of such policy, including the particular 

4 elements required under subsection (b); and 

5 (2) identify and promote best practices, tools, 

6 and standards for developing and validating assured 

7 software for the Department of Defense. 

8 (d) BRIEFING ON ADDITIONAL MEANS OF IMPROV9 ING SOFTWARE ASSURANCE.—Not later than one year 

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

11 Secretary for Acquisition, Technology, and Logistics shall, 

12 in coordination with the Chief Information Officer of the 

13 Department of Defense, provide to the congressional de14 fense committees a briefing on the following: 

15 (1) A research and development strategy to ad16 vance capabilities in software assurance and vulner17 ability detection. 

18 (2) The state-of-the-art of software assurance 

19 analysis and test. 

20 (3) How the Department might hold contrac21 tors liable for software defects or vulnerabilities. 

22 (e) DEFINITIONS.—In this section: 

23 (1) COVERED SYSTEM.—The term ‘‘covered sys24 tem’’ means any Department of Defense critical in25 formation, business, or weapons system that is—


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1 (A) a major system, as that term is de2 fined in section 2302(5) of title 10, United 

3 States Code; 

4 (B) a national security system, as that 

5 term is defined in section 3542(b)(2) of title 

6 44, United States Code; or 

7 (C) a Department of Defense information 

8 system categorized as Mission Assurance Cat9 egory I in Department of Defense Directive 

10 8500.01E that is funded by the Department of 

11 Defense. 

12 (2) SOFTWARE ASSURANCE.—The term ‘‘soft13 ware assurance’’ means the level of confidence that 

14 software functions as intended and is free of 

15 vulnerabilities, either intentionally or unintentionally 

16 designed or inserted as part of the software, 

17 throughout the life cycle. 

18 SEC. 934. COMPETITION IN CONNECTION WITH DEPART19 MENT OF DEFENSE TACTICAL DATA LINK 

20 SYSTEMS. 

21 (a) COMPETITION IN CONNECTION WITH TACTICAL

22 DATA LINK SYSTEMS.—Not later than December 1, 2013, 

23 the Under Secretary of Defense for Acquisition, Tech24 nology, and Logistics shall—


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1 (1) develop an inventory of all tactical data link 

2 systems in use and in development in the Depart3 ment of Defense, including interfaces and wave4 forms; 

5 (2) conduct an analysis of each data link sys6 tem contained in the inventory under paragraph (1) 

7 to determine whether—

8 (A) the upgrade, new deployment, or re9 placement of such system should be open to 

10 competition; or 

11 (B) the data link should be converted to an 

12 open architecture, or a different data link 

13 standard should be adopted to enable such com14 petition; 

15 (3) for each data link system for which com16 petition is determined advisable under subparagraph 

17 (A) or (B) of paragraph (2), develop a plan to 

18 achieve such competition, including a plan to ad19 dress any policy, legal, programmatic, or technical 

20 barriers to such competition; and 

21 (4) for each data link system for which com22 petition is determined not advisable under paragraph 

23 (2), prepare an explanation for such determination. 

24 (b) EARLIER ACTIONS.—If the Under Secretary com25 pletes any portion of the plan described in subsection 


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1 (a)(3) before December 1, 2013, the Secretary may com2 mence action on such portion of the plan upon completion 

3 of such portion, including publication of such portion of 

4 the plan. 

5 (c) REPORT.—At the same time the budget of the 

6 President for fiscal year 2015 is submitted to Congress 

7 pursuant to section 1105(a) of title 31, United States 

8 Code, the Under Secretary shall submit to the congres9 sional defense committees a report on the plans described 

10 in paragraph (3) of subsection (a), including any expla11 nation prepared under paragraph (4) of such subsection. 

12 SEC. 935. COLLECTION AND ANALYSIS OF NETWORK FLOW 

13 DATA. 

14 (a) DEVELOPMENT OF TECHNOLOGIES.—The Chief 

15 Information Officer of the Department of Defense may, 

16 in coordination with the Under Secretary of Defense for 

17 Policy and the Under Secretary of Defense for Intelligence 

18 and acting through the Director of the Defense Informa19 tion Systems Agency, use the available funding and re20 search activities and capabilities of the Community Data 

21 Center of the Defense Information Systems Agency to de22 velop and demonstrate collection, processing, and storage 

23 technologies for network flow data that—


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1 (1) are potentially scalable to the volume used 

2 by Tier 1 Internet Service Providers to collect and 

3 analyze the flow data across their networks; 

4 (2) will substantially reduce the cost and com5 plexity of capturing and analyzing high volumes of 

6 flow data; and 

7 (3) support the capability—

8 (A) to detect and identify cyber security 

9 threats, networks of compromised computers, 

10 and command and control sites used for man11 aging illicit cyber operations and receiving in12 formation from compromised computers; 

13 (B) to track illicit cyber operations for at14 tribution of the source; and 

15 (C) to provide early warning and attack 

16 assessment of offensive cyber operations. 

17 (b) COORDINATION.—Any research and development 

18 required in the development of the technologies described 

19 in subsection (a) shall be conducted in cooperation with 

20 the heads of other appropriate departments and agencies 

21 of the Federal Government and, whenever feasible, Tier 

22 1 Internet Service Providers and other managed security 

23 service providers. 


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1 SEC. 936. COMPETITION FOR LARGE-SCALE SOFTWARE 

2 DATABASE AND DATA ANALYSIS TOOLS. 

3 (a) ANALYSIS.—

4 (1) REQUIREMENT.—The Secretary of Defense, 

5 acting through the Chief Information Officer of the 

6 Department of Defense, shall conduct an analysis of 

7 large-scale software database tools and large-scale 

8 software data analysis tools that could be used to 

9 meet current and future Department of Defense 

10 needs for large-scale data analytics. 

11 (2) ELEMENTS.—The analysis required under 

12 paragraph (1) shall include—

13 (A) an analysis of the technical require14 ments and needs for large-scale software data15 base and data analysis tools, including 

16 prioritization of key technical features needed 

17 by the Department of Defense; and 

18 (B) an assessment of the available sources 

19 from Government and commercial sources to 

20 meet such needs, including an assessment by 

21 the Deputy Assistant Secretary of Defense for 

22 Manufacturing and Industrial Base Policy to 

23 ensure sufficiency and diversity of potential 

24 commercial sources. 

25 (3) SUBMISSION.—Not later than 180 days 

26 after the date of the enactment of this Act, the 


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1 Chief Information Officer shall submit to the con2 gressional defense committees the results of the 

3 analysis required under paragraph (1). 

4 (b) COMPETITION REQUIRED.—

5 (1) IN GENERAL.—If, following the analysis re6 quired under subsection (a), the Chief Information 

7 Officer of the Department of Defense identifies 

8 needs for software systems or large-scale software 

9 database or data analysis tools, the Department 

10 shall acquire such systems or such tools based on 

11 market research and using competitive procedures in 

12 accordance with applicable law and the Defense Fed13 eral Acquisition Regulation Supplement. 

14 (2) NOTIFICATION.—If the Chief Information 

15 Officer elects to acquire large-scale software data16 base or data analysis tools using procedures other 

17 than competitive procedures, the Chief Information 

18 Officer and the Under Secretary of Defense for Ac19 quisition, Technology, and Logistics shall submit a 

20 written notification to the congressional defense 

21 committees on a quarterly basis until September 30, 

22 2018, that describes the acquisition involved, the 

23 date the decision was made, and the rationale for 

24 not using competitive procedures. 


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1 SEC. 937. SOFTWARE LICENSES OF THE DEPARTMENT OF 

2 DEFENSE. 

3 (a) PLAN FOR INVENTORY OF LICENSES.—

4 (1) IN GENERAL.—Not later than 180 days 

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

6 Chief Information Officer of the Department of the 

7 Defense shall, in consultation with the chief informa8 tion officers of the military departments and the De9 fense Agencies, issue a plan for the inventory of se10 lected software licenses of the Department of De11 fense, including a comparison of licenses purchased 

12 with licenses installed. 

13 (2) SELECTED SOFTWARE LICENSES.—The 

14 Chief Information Officer shall determine the soft15 ware licenses to be treated as selected software li16 censes of the Department for purposes of this sec17 tion. The licenses shall be determined so as to maxi18 mize the return on investment in the inventory con19 ducted pursuant to the plan required by paragraph 

20 (1). 

21 (3) PLAN ELEMENTS.—The plan under para22 graph (1) shall include the following: 

23 (A) An identification and explanation of 

24 the software licenses determined by the Chief 

25 Information Officer under paragraph (2) to be 

26 selected software licenses for purposes of this 


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1 section, and a summary outline of the software 

2 licenses determined not to be selected software 

3 licenses for such purposes. 

4 (B) Means to assess the needs of the De5 partment and the components of the Depart6 ment for selected software licenses during the 

7 two fiscal years following the date of the 

8 issuance of the plan. 

9 (C) Means by which the Department can 

10 achieve the greatest possible economies of scale 

11 and cost savings in the procurement, use, and 

12 optimization of selected software licenses. 

13 (b) PERFORMANCE PLAN.—If the Chief Information 

14 Officer determines through the inventory conducted pur15 suant to the plan required by subsection (a) that the num16 ber of selected software licenses of the Department and 

17 the components of the Department exceeds the needs of 

18 the Department for such software licenses, the Secretary 

19 of Defense shall implement a plan to bring the number 

20 of such software licenses into balance with the needs of 

21 the Department. 


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1 SEC. 938. SENSE OF CONGRESS ON POTENTIAL SECURITY 

2 RISKS TO DEPARTMENT OF DEFENSE NET3 WORKS. 

4 It is the sense of Congress that the Department of 

5 Defense—

6 (1) must ensure it maintains full visibility and 

7 adequate control of its supply chain, including sub8 contractors, in order to mitigate supply chain exploi9 tation; and 

10 (2) needs the authority and capability to miti11 gate supply chain risks to its information technology 

12 systems that fall outside the scope of National Secu13 rity Systems. 

14 SEC. 939. QUARTERLY CYBER OPERATIONS BRIEFINGS. 

15 (a) BRIEFINGS.—Chapter 23 of title 10, United 

16 States Code, is amended by inserting after section 483 the 

17 following new section: 

18 ‘‘§ 484. Quarterly cyber operations briefings 

19 ‘‘The Secretary of Defense shall provide to the Com20 mittees on Armed Services of the House of Representa21 tives and the Senate quarterly briefings on all offensive 

22 and significant defensive military operations in cyberspace 

23 carried out by the Department of Defense during the im24 mediately preceding quarter.’’. 

25 (b) INITIAL BRIEFING.—The first briefing required 

26 under section 484 of title 10, United States Code, as 


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1 added by subsection (a), shall be provided not later than 

2 March 1, 2013. 

3 (c) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of chapter 23 of title 10, United States 

5 Code, is amended by inserting after the item relating to 

6 section 483 the following new item:

‘‘484. Quarterly cyber operations briefings.’’.

7 SEC. 940. SENSE OF CONGRESS ON THE UNITED STATES 

8 CYBER COMMAND. 

9 It is the sense of Congress that—

10 (1) there is a serious cyber threat to the na11 tional security of the United States and the need to 

12 work both offensively and defensively to protect the 

13 networks and critical infrastructure of the United 

14 States; 

15 (2) it is important to have a unified command 

16 structure in the Department of Defense to direct 

17 military operations in cyberspace; 

18 (3) a change in the status of the United States 

19 Cyber Command has implications for the entire De20 partment and the national security of the United 

21 States, which require careful consideration; 

22 (4) Congress expects to be briefed and con23 sulted about any proposal to elevate the United 

24 States Cyber Command to a unified command at the 


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1 time when the Secretary of Defense makes such a 

2 proposal and to receive—

3 (A) a clear statement of mission of the 

4 United States Cyber Command and related 

5 legal definitions; 

6 (B) an outline of the specific national secu7 rity benefits of elevating the sub-unified United 

8 States Cyber Command to a unified command; 

9 (C) an estimate of the cost of creating a 

10 unified United States Cyber Command and a 

11 justification of the expenditure; and 

12 (D) if the Secretary considers it advisable 

13 to continue the designation of the Commander 

14 of the United States Cyber Command as also 

15 being the Director of the National Security 

16 Agency—

17 (i) an explanation of how a single in18 dividual could serve as a commander of a 

19 combatant command that conducts overt, 

20 though clandestine, cyber operations under 

21 title 10, United States Code, and serve as 

22 the head of an element of the intelligence 

23 community that conducts covert cyber op24 erations under the National Security Act 

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1 ner that affords deniability to the United 

2 States; and 

3 (ii) a statement of whether the Sec4 retary believes it is appropriate either to 

5 appoint a line officer as the Director of the 

6 National Security Agency or to take the 

7 unprecedented step of appointing an intel8 ligence officer as a unified commander; 

9 and 

10 (5) appropriate policy foundations and standing 

11 rules of engagement must be in place before any de12 cision to create a unified United States Cyber Com13 mand. 

14 SEC. 941. REPORTS TO DEPARTMENT OF DEFENSE ON PEN15 ETRATIONS OF NETWORKS AND INFORMA16 TION SYSTEMS OF CERTAIN CONTRACTORS. 

17 (a) PROCEDURES FOR REPORTING PENETRA18 TIONS.—The Secretary of Defense shall establish proce19 dures that require each cleared defense contractor to re20 port to a component of the Department of Defense des21 ignated by the Secretary for purposes of such procedures 

22 when a network or information system of such contractor 

23 that meets the criteria established pursuant to subsection 

24 (b) is successfully penetrated. 


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1 (b) NETWORKS AND INFORMATION SYSTEMS SUB2 JECT TO REPORTING.—

3 (1) CRITERIA.—The Secretary of Defense shall 

4 designate a senior official to, in consultation with 

5 the officials specified in paragraph (2), establish cri6 teria for covered networks to be subject to the proce7 dures for reporting system penetrations under sub8 section (a). 

9 (2) OFFICIALS.—The officials specified in this 

10 subsection are the following: 

11 (A) The Under Secretary of Defense for 

12 Policy. 

13 (B) The Under Secretary of Defense for 

14 Acquisition, Technology, and Logistics. 

15 (C) The Under Secretary of Defense for 

16 Intelligence. 

17 (D) The Chief Information Officer of the 

18 Department of Defense. 

19 (E) The Commander of the United States 

20 Cyber Command. 

21 (c) PROCEDURE REQUIREMENTS.—

22 (1) RAPID REPORTING.—The procedures estab23 lished pursuant to subsection (a) shall require each 

24 cleared defense contractor to rapidly report to a 

25 component of the Department of Defense designated 


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1 pursuant to subsection (a) of each successful pene2 tration of the network or information systems of 

3 such contractor that meet the criteria established 

4 pursuant to subsection (b). Each such report shall 

5 include the following: 

6 (A) A description of the technique or 

7 method used in such penetration. 

8 (B) A sample of the malicious software, if 

9 discovered and isolated by the contractor, in10 volved in such penetration. 

11 (C) A summary of information created by 

12 or for the Department in connection with any 

13 Department program that has been potentially 

14 compromised due to such penetration. 

15 (2) ACCESS TO EQUIPMENT AND INFORMATION

16 BY DEPARTMENT OF DEFENSE PERSONNEL.—The 

17 procedures established pursuant to subsection (a) 

18 shall—

19 (A) include mechanisms for Department of 

20 Defense personnel to, upon request, obtain ac21 cess to equipment or information of a cleared 

22 defense contractor necessary to conduct forensic 

23 analysis in addition to any analysis conducted 

24 by such contractor; 


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1 (B) provide that a cleared defense con2 tractor is only required to provide access to 

3 equipment or information as described in sub4 paragraph (A) to determine whether informa5 tion created by or for the Department in con6 nection with any Department program was suc7 cessfully exfiltrated from a network or informa8 tion system of such contractor and, if so, what 

9 information was exfiltrated; and 

10 (C) provide for the reasonable protection of 

11 trade secrets, commercial or financial informa12 tion, and information that can be used to iden13 tify a specific person. 

14 (3) LIMITATION ON DISSEMINATION OF CER15 TAIN INFORMATION.—The procedures established 

16 pursuant to subsection (a) shall prohibit the dissemi17 nation outside the Department of Defense of infor18 mation obtained or derived through such procedures 

19 that is not created by or for the Department except 

20 with the approval of the contractor providing such 

21 information. 

22 (d) ISSUANCE OF PROCEDURES AND ESTABLISH23 MENT OF CRITERIA.—

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

25 the date of the enactment of this Act—


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1 (A) the Secretary of Defense shall estab2 lish the procedures required under subsection 

3 (a); and 

4 (B) the senior official designated under 

5 subsection (b)(1) shall establish the criteria re6 quired under such subsection. 

7 (2) APPLICABILITY DATE.—The requirements 

8 of this section shall apply on the date on which the 

9 Secretary of Defense establishes the procedures re10 quired under this section. 

11 (e) DEFINITIONS.—In this section: 

12 (1) CLEARED DEFENSE CONTRACTOR.—The 

13 term ‘‘cleared defense contractor’’ means a private 

14 entity granted clearance by the Department of De15 fense to access, receive, or store classified informa16 tion for the purpose of bidding for a contract or con17 ducting activities in support of any program of the 

18 Department of Defense. 

19 (2) COVERED NETWORK.—The term ‘‘covered 

20 network’’ means a network or information system of 

21 a cleared defense contractor that contains or proc22 esses information created by or for the Department 

23 of Defense with respect to which such contractor is 

24 required to apply enhanced protection. 


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1 Subtitle E—Other Matters 

2 SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIR3 MAN OF JOINT CHIEFS OF STAFF AND JOINT 

4 REQUIREMENTS OVERSIGHT COUNCIL. 

5 (a) AMENDMENTS RELATED TO CHAIRMAN OF JOINT

6 CHIEFS OF STAFF.—Section 153(a)(4) of title 10, United 

7 States Code, is amended by striking subparagraph (F) 

8 and inserting the following new subparagraphs: 

9 ‘‘(F) Identifying, assessing, and approving mili10 tary requirements (including existing systems and 

11 equipment) to meet the National Military Strategy. 

12 ‘‘(G) Recommending to the Secretary appro13 priate trade-offs among life-cycle cost, schedule, and 

14 performance objectives, and procurement quantity 

15 objectives, to ensure that such trade-offs are made 

16 in the acquisition of materiel and equipment to sup17 port the strategic and contingency plans required by 

18 this subsection in the most effective and efficient 

19 manner.’’. 

20 (b) AMENDMENTS RELATED TO JROC.—Section 

21 181(b) of such title is amended—

22 (1) in paragraph (1)(C), by striking ‘‘in ensur23 ing’’ and all that follows through ‘‘requirements’’ 

24 and inserting the following: ‘‘in ensuring that appro25 priate trade-offs are made among life-cycle cost, 


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1 schedule, and performance objectives, and procure2 ment quantity objectives, in the establishment and 

3 approval of military requirements’’; and 

4 (2) in paragraph (3), by striking ‘‘such resource 

5 level’’ and inserting ‘‘the total cost of such re6 sources’’. 

7 (c) AMENDMENTS RELATED TO CHIEFS OF ARMED

8 FORCES.—Section 2547(a) of such title is amended—

9 (1) in paragraph (1), by striking ‘‘of require10 ments relating to the defense acquisition system’’ 

11 and inserting ‘‘of requirements for equipping the 

12 armed force concerned’’; 

13 (2) by redesignating paragraphs (3) and (4) as 

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

15 (3) by inserting after paragraph (2) the fol16 lowing new paragraphs: 

17 ‘‘(3) The recommendation of trade-offs among 

18 life-cycle cost, schedule, and performance objectives, 

19 and procurement quantity objectives, to ensure ac20 quisition programs deliver best value in meeting the 

21 approved military requirements. 

22 ‘‘(4) Termination of development or procure23 ment programs for which life-cycle cost, schedule, 

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1 els of priority, or which no longer have approved 

2 military requirements.’’. 

3 SEC. 952. ENHANCEMENT OF RESPONSIBILITIES OF THE 

4 CHAIRMAN OF THE JOINT CHIEFS OF STAFF 

5 REGARDING THE NATIONAL MILITARY 

6 STRATEGY. 

7 (a) IN GENERAL.—Subsection (b) of section 153 of 

8 title 10, United States Code, is amended to read as fol9 lows: 

10 ‘‘(b) NATIONAL MILITARY STRATEGY.—

11 ‘‘(1) NATIONAL MILITARY STRATEGY.—(A) The 

12 Chairman shall determine each even-numbered year 

13 whether to prepare a new National Military Strategy 

14 in accordance with this subparagraph or to update 

15 a strategy previously prepared in accordance with 

16 this subsection. The Chairman shall complete prepa17 ration of the National Military Strategy or update in 

18 time for transmittal to Congress pursuant to para19 graph (3), including in time for inclusion of the re20 port of the Secretary of Defense, if any, under para21 graph (4). 

22 ‘‘(B) Each National Military Strategy (or up23 date) under this paragraph shall be based on a com24 prehensive review conducted by the Chairman in 

25 conjunction with the other members of the Joint 


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1 Chiefs of Staff and the commanders of the unified 

2 and specified combatant commands. 

3 ‘‘(C) Each National Military Strategy (or up4 date) submitted under this paragraph shall describe 

5 how the military will achieve the objectives of the 

6 United States as articulated in—

7 ‘‘(i) the most recent National Security 

8 Strategy prescribed by the President pursuant 

9 to section 108 of the National Security Act of 

10 1947 (50 U.S.C. 404a); 

11 ‘‘(ii) the most recent annual report of the 

12 Secretary of Defense submitted to the President 

13 and Congress pursuant to section 113 of this 

14 title; 

15 ‘‘(iii) the most recent Quadrennial Defense 

16 Review conducted by the Secretary of Defense 

17 pursuant to section 118 of this title; and 

18 ‘‘(iv) any other national security or defense 

19 strategic guidance issued by the President or 

20 the Secretary of Defense. 

21 ‘‘(D) Each National Military Strategy (or up22 date) submitted under this paragraph shall iden23 tify—

24 ‘‘(i) the United States military objectives 

25 and the relationship of those objectives to the 


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1 strategic environment and to the threats re2 quired to be described under subparagraph (E); 

3 ‘‘(ii) the operational concepts, missions, 

4 tasks, or activities necessary to support the 

5 achievement of the objectives identified under 

6 clause (i); 

7 ‘‘(iii) the fiscal, budgetary, and resource 

8 environments and conditions that, in the assess9 ment of the Chairman, affect the strategy; and 

10 ‘‘(iv) the assumptions made with respect to 

11 each of clauses (i) through (iii). 

12 ‘‘(E) Each National Military Strategy (or up13 date) submitted under this paragraph shall also in14 clude a description of—

15 ‘‘(i) the strategic environment and the op16 portunities and challenges that affect United 

17 States national interests and United States na18 tional security; 

19 ‘‘(ii) the threats, such as international, re20 gional, transnational, hybrid, terrorism, cyber 

21 attack, weapons of mass destruction, asym22 metric challenges, and any other categories of 

23 threats identified by the Chairman, to the 

24 United States national security; 


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1 ‘‘(iii) the implications of current force 

2 planning and sizing constructs for the strategy; 

3 ‘‘(iv) the capacity, capabilities, and avail4 ability of United States forces (including both 

5 the active and reserve components) to support 

6 the execution of missions required by the strat7 egy; 

8 ‘‘(v) areas in which the armed forces in9 tends to engage and synchronize with other de10 partments and agencies of the United States 

11 Government contributing to the execution of 

12 missions required by the strategy; 

13 ‘‘(vi) areas in which the armed forces could 

14 be augmented by contributions from alliances 

15 (such as the North Atlantic Treaty Organiza16 tion), international allies, or other friendly na17 tions in the execution of missions required by 

18 the strategy; 

19 ‘‘(vii) the requirements for operational con20 tractor support to the armed forces for con21 ducting security force assistance training, 

22 peacekeeping, overseas contingency operations, 

23 and other major combat operations under the 

24 strategy; and 


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1 ‘‘(viii) the assumptions made with respect 

2 to each of clauses (i) through (vii). 

3 ‘‘(F) Each update to a National Military Strat4 egy under this paragraph shall address only those 

5 parts of the most recent National Military Strategy 

6 for which the Chairman determines, on the basis of 

7 a comprehensive review conducted in conjunction 

8 with the other members of the Joint Chiefs of Staff 

9 and the commanders of the combatant commands, 

10 that a modification is needed. 

11 ‘‘(2) RISK ASSESSMENT.—(A) The Chairman 

12 shall prepare each year an assessment of the risks 

13 associated with the most current National Military 

14 Strategy (or update) under paragraph (1). The risk 

15 assessment shall be known as the ‘Risk Assessment 

16 of the Chairman of the Joint Chiefs of Staff’. The 

17 Chairman shall complete preparation of the Risk As18 sessment in time for transmittal to Congress pursu19 ant to paragraph (3), including in time for inclusion 

20 of the report of the Secretary of Defense, if any, 

21 under paragraph (4). 

22 ‘‘(B) The Risk Assessment shall do the fol23 lowing: 

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1 vironment, threats, objectives, force planning 

2 and sizing constructs, assessments, and as3 sumptions that informed the National Military 

4 Strategy required by this section. 

5 ‘‘(ii) Identify and define the strategic risks 

6 to United States interests and the military risks 

7 in executing the missions of the National Mili8 tary Strategy. 

9 ‘‘(iii) Identify and define levels of risk dis10 tinguishing between the concepts of probability 

11 and consequences, including an identification of 

12 what constitutes ‘significant’ risk in the judg13 ment of the Chairman. 

14 ‘‘(iv)(I) Identify and assess risk in the Na15 tional Military Strategy by category and level 

16 and the ways in which risk might manifest 

17 itself, including how risk is projected to in18 crease, decrease, or remain stable over time; 

19 and 

20 ‘‘(II) for each category of risk, assess the 

21 extent to which current or future risk increases, 

22 decreases, or is stable as a result of budgetary 

23 priorities, tradeoffs, or fiscal constraints or lim24 itations as currently estimated and applied in 


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1 the most current future-years defense program 

2 under section 221 of this title. 

3 ‘‘(v) Identify and assess risk associated 

4 with the assumptions or plans of the National 

5 Military Strategy about the contributions or 

6 support of—

7 ‘‘(I) other departments and agencies 

8 of the United States Government (includ9 ing their capabilities and availability); 

10 ‘‘(II) alliances, allies, and other 

11 friendly nations (including their capabili12 ties, availability, and interoperability); and 

13 ‘‘(III) contractors. 

14 ‘‘(vi) Identify and assess the critical defi15 ciencies and strengths in force capabilities (in16 cluding manpower, logistics, intelligence, and 

17 mobility support) identified during the prepara18 tion and review of the contingency plans of each 

19 unified combatant command, and identify and 

20 assess the effect of such deficiencies and 

21 strengths for the National Military Strategy. 

22 ‘‘(3) SUBMITTAL OF NATIONAL MILITARY

23 STRATEGY AND RISK ASSESSMENT TO CONGRESS.—

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1 retary of Defense, submit to the Committees on 

2 Armed Services of the Senate and the House of Rep3 resentatives the National Military Strategy or up4 date, if any, prepared under paragraph (1) in such 

5 year. 

6 ‘‘(B) Not later than February 15 each year, the 

7 Chairman shall, through the Secretary of Defense, 

8 submit to the Committees on Armed Services of the 

9 Senate and the House of Representatives the Risk 

10 Assessment prepared under paragraph (2) in such 

11 year. 

12 ‘‘(4) SECRETARY OF DEFENSE REPORTS TO

13 CONGRESS.—(A) In transmitting a National Military 

14 Strategy (or update) or Risk Assessment to Con15 gress pursuant to paragraph (3), the Secretary of 

16 Defense shall include in the transmittal such com17 ments of the Secretary thereon, if any, as the Sec18 retary considers appropriate. 

19 ‘‘(B) If the Risk Assessment transmitted under 

20 paragraph (3) in a year includes an assessment that 

21 a risk or risks associated with the National Military 

22 Strategy (or update) are significant, or that critical 

23 deficiencies in force capabilities exist for a contin24 gency plan described in paragraph (2)(B)(vi), the 

25 Secretary shall include in the transmittal of the Risk 


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1 Assessment the plan of the Secretary for mitigating 

2 such risk or deficiency. A plan for mitigating risk of 

3 deficiency under this subparagraph shall—

4 ‘‘(i) address the risk assumed in the Na5 tional Military Strategy (or update) concerned, 

6 and the additional actions taken or planned to 

7 be taken to address such risk using only cur8 rent technology and force structure capabilities; 

9 and 

10 ‘‘(ii) specify, for each risk addressed, the 

11 extent of, and a schedule for expected mitiga12 tion of, such risk, and an assessment of the po13 tential for residual risk, if any, after mitiga14 tion.’’. 

15 (b) CONFORMING AMENDMENT.—Such section is fur16 ther amended by striking subsection (d). 

17 SEC. 953. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

18 REIMBURSEMENT OF COSTS OF ACTIVITIES 

19 FOR NONGOVERNMENTAL PERSONNEL AT 

20 DEPARTMENT OF DEFENSE REGIONAL CEN21 TERS FOR SECURITY STUDIES. 

22 Paragraph (1) of section 941(b) of the Duncan 

23 Hunter National Defense Authorization Act for Fiscal 

24 Year 2009 (Public Law 110–417; 10 U.S.C. 184 note) is 


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1 amended by striking ‘‘through 2012’’ and inserting 

2 ‘‘through 2013’’. 

3 SEC. 954. NATIONAL LANGUAGE SERVICE CORPS. 

4 (a) CHARTER FOR NATIONAL LANGUAGE SERVICE

5 CORPS.—The David L. Boren National Security Edu6 cation Act of 1991 (50 U.S.C. 1901 et seq.) is amended 

7 by adding at the end the following new section: 

8 ‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. 

9 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of De10 fense may establish and maintain within the Department 

11 of Defense a National Language Service Corps (in this 

12 section referred to as the ‘Corps’). 

13 ‘‘(2) The purpose of the Corps is to provide a pool 

14 of nongovernmental personnel with foreign language skills 

15 who, as provided in regulations prescribed under this sec16 tion, agree to provide foreign language services to the De17 partment of Defense or another department or agency of 

18 the United States. 

19 ‘‘(b) NATIONAL SECURITY EDUCATION BOARD.—If 

20 the Secretary establishes the Corps, the Secretary shall 

21 provide for the National Security Education Board to 

22 oversee and coordinate the activities of the Corps to such 

23 extent and in such manner as determined by the Secretary 

24 under paragraph (9) of section 803(d). 


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1 ‘‘(c) MEMBERSHIP.—To be eligible for membership 

2 in the Corps, a person must be a citizen of the United 

3 States authorized by law to be employed in the United 

4 States, have attained the age of 18 years, and possess 

5 such foreign language skills as the Secretary considers ap6 propriate for membership in the Corps. 

7 ‘‘(d) TRAINING.—The Secretary may provide mem8 bers of the Corps such training as the Secretary prescribes 

9 for purposes of this section. 

10 ‘‘(e) SERVICE.—Upon a determination that it is in 

11 the national interests of the United States, the Secretary 

12 shall call upon members of the Corps to provide foreign 

13 language services to the Department of Defense or an14 other department or agency of the United States. If a 

15 member of the Corps is, as of the time of such determina16 tion, employed by or performing under a contract for an 

17 element of another Federal agency, the Secretary shall 

18 first obtain the concurrence of the head of that agency. 

19 ‘‘(f) FUNDING.—The Secretary may impose fees, in 

20 amounts up to full-cost recovery, for language services and 

21 technical assistance rendered by members of the Corps. 

22 Amounts of fees received under this section shall be cred23 ited to the account of the Department providing funds for 

24 any costs incurred by the Department in connection with 

25 the Corps. Amounts so credited to such account shall be 


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1 merged with amounts in such account, and shall be avail2 able to the same extent, and subject to the same conditions 

3 and limitations, as amounts in such account. Any amounts 

4 so credited shall remain available until expended.’’. 

5 (b) NATIONAL SECURITY EDUCATION BOARD MAT6 TERS.—

7 (1) COMPOSITION.—Subsection (b) of section 

8 803 of such Act (50 U.S.C. 1903) is amended—

9 (A) by striking paragraph (5); 

10 (B) by redesignating paragraphs (6) and 

11 (7) as paragraphs (8) and (9), respectively; and 

12 (C) by inserting after paragraph (4) the 

13 following new paragraphs: 

14 ‘‘(5) The Secretary of Homeland Security. 

15 ‘‘(6) The Secretary of Energy. 

16 ‘‘(7) The Director of National Intelligence.’’. 

17 (2) FUNCTIONS.—Subsection (d) of such sec18 tion is amended by adding at the end the following 

19 new paragraph: 

20 ‘‘(9) To the extent provided by the Secretary of 

21 Defense, oversee and coordinate the activities of the 

22 National Language Service Corps under section 813, 

23 including—

24 ‘‘(A) assessing on a periodic basis whether 

25 the Corps is addressing the needs identified by 


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1 the heads of departments and agencies of the 

2 Federal Government for personnel with skills in 

3 various foreign languages; 

4 ‘‘(B) recommending plans for the Corps to 

5 address foreign language shortfalls and require6 ments of the departments and agencies of the 

7 Federal Government; 

8 ‘‘(C) recommending effective ways to in9 crease public awareness of the need for foreign 

10 languages skills and career paths in the Federal 

11 Government that use those skills; and 

12 ‘‘(D) overseeing the Corps efforts to work 

13 with Executive agencies and State and Local 

14 governments to respond to interagency plans 

15 and agreements to address overall foreign lan16 guage shortfalls and to utilize personnel to ad17 dress the various types of crises that warrant 

18 foreign language skills.’’.SEC. 955. SAVINGS 

19 TO BE ACHIEVED IN CIVILIAN PER20 SONNEL WORKFORCE AND SERVICE 

21 CONTRACTOR WORKFORCE OF THE DE22 PARTMENT OF DEFENSE. 

23 (a) REQUIRED PLAN.—

24 (1) IN GENERAL.—The Secretary of Defense 

25 shall ensure that the civilian personnel workforce 


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1 and service contractor workforce of the Department 

2 of Defense are appropriately sized to support and 

3 execute the National Military Strategy, taking into 

4 account military personnel and force structure levels. 

5 Not later than 90 days after the date of the enact6 ment of this Act, the Secretary of Defense shall de7 velop and begin to execute an efficiencies plan for 

8 the civilian personnel workforce and service con9 tractor workforce of the Department of Defense. 

10 (2) CONSISTENCY WITH OTHER POLICIES AND

11 PROCEDURES.—The Secretary shall ensure the plan 

12 required under this subsection is consistent with the 

13 policies and procedures required under section 129a 

14 of title 10, United States Code, as implemented 

15 under the policies issued by the Under Secretary of 

16 Defense for Personnel and Readiness for deter17 mining the most appropriate and cost-efficient mix 

18 of military, civilian, and service contractor personnel 

19 to perform the missions of the Department of De20 fense. 

21 (b) SAVINGS.—The plan required under subsection 

22 (a) shall achieve savings in the total funding for each 

23 workforce covered by such plan over the period from fiscal 

24 year 2012 through fiscal year 2017 that are not less, as 

25 a percentage of such funding, than the savings in funding 


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1 for basic military personnel pay achieved from reductions 

2 in military end strengths over the same period of time. 

3 (c) EXCLUSIONS.—In developing and implementing 

4 the plan required by subsection (a) and achieving the sav5 ings percentages required by subsection (b), the Secretary 

6 of Defense may exclude expenses related to the perform7 ance of functions identified as core or critical to the mis8 sion of the Department, consistent with the workload anal9 ysis and risk assessments required by sections 129 and 

10 129a of title 10, United States Code. In making a deter11 mination of core or critical functions, the Secretary shall 

12 consider at least the following: 

13 (1) Civilian personnel expenses for personnel as 

14 follows: 

15 (A) Personnel in Mission Critical Occupa16 tions, as defined by the Civilian Human Capital 

17 Strategic Plan of the Department of Defense 

18 and the Acquisition Workforce Plan of the De19 partment of Defense. 

20 (B) Personnel employed at facilities pro21 viding core logistics capabilities pursuant to 

22 section 2464 of title 10, United States Code. 

23 (C) Personnel in the Offices of the Inspec24 tors General of the Department of Defense. 


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1 (2) Service contractor expenses for personnel as 

2 follows: 

3 (A) Personnel performing maintenance and 

4 repair of military equipment. 

5 (B) Personnel providing medical services. 

6 (C) Personnel performing financial audit 

7 services. 

8 (3) Personnel expenses for personnel in the ci9 vilian personnel workforce or service contractor 

10 workforce performing such other critical functions as 

11 may be identified by the Secretary as requiring ex12 emption in the interest of the national defense. 

13 (d) REPORTS.—

14 (1) INITIAL REPORT.—Not later than 120 days 

15 after the date of the enactment of this Act, the Sec16 retary of Defense shall submit to the congressional 

17 defense committees a report including a comprehen18 sive description of the plan required by subsection 

19 (a). 

20 (2) STATUS REPORTS.—As part of the budget 

21 submitted by the President to Congress for each of 

22 fiscal years 2015 through 2018, the Secretary shall 

23 include a report describing the implementation of 

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1 cumstances. Each such report shall include a sum2 mary of the savings achieved in such prior fiscal 

3 year through reductions in the military, civilian, and 

4 service contractor personnel workforces, and the 

5 number of military, civilian, and service contractor 

6 personnel reduced. In any case in which savings fall 

7 short of the annual target, the report shall include 

8 an explanation of the reasons for such shortfall. 

9 (3) EXCLUSIONS.—Each report under para10 graphs (1) and (2) shall specifically identify any ex11 clusion granted by the Secretary under subsection 

12 (c) in the period of time covered by the report. 

13 (e) LIMITATION ON TRANSFERS OF FUNCTIONS.—

14 The Secretary shall ensure that the savings required by 

15 this section are not achieved through unjustified transfers 

16 of functions between or among the military, civilian, and 

17 service contractor personnel workforces of the Department 

18 of Defense. Nothing in this section shall be construed to 

19 preclude the Secretary from exercising authority available 

20 to the Department under sections 129a, 2330a, 2461, and 

21 2463 of title 10, United States Code. 

22 (f) SENSE OF CONGRESS.—It is the sense of Con23 gress that an amount equal to 30 percent of the amount 

24 of the reductions in appropriated funds attributable to re25 duced budgets for the civilian and service contractor 


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1 workforces of the Department by reason of the plan re2 quired by subsection (a) should be made available for costs 

3 of assisting military personnel separated from the Armed 

4 Forces in the transition from military service. 

5 (g) SERVICE CONTRACTOR WORKFORCE DEFINED.—

6 In this section, the term ‘‘service contractor workforce’’ 

7 means contractor employees performing contract services, 

8 as defined in section 2330(c)(2) of title 10, United States 

9 Code, other than contract services that are funded out of 

10 amounts available for overseas contingency operations. 

11 (h) COMPTROLLER GENERAL REVIEW AND RE12 PORT.—For each fiscal year from fiscal year 2015 through 

13 fiscal year 2018, the Comptroller General of the United 

14 States shall review the status reports submitted by the 

15 Secretary as required by subsection (d)(2) to determine 

16 whether the savings required by subsection (b) are being 

17 achieved in the civilian personnel workforce and the serv18 ice contractor workforce and whether the plan required 

19 under subsection (a) is being implemented consistent with 

20 sourcing and workforce management laws, including sec21 tions 129, 129a, 2330a, 2461, and 2463 of title 10, 

22 United States Code. The Comptroller General shall submit 

23 a report on the findings of each review to the congressional 

24 defense committees not later than 120 days after the end 

25 of each fiscal year covered by this subsection. 


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1 SEC. 956. EXPANSION OF PERSONS ELIGIBLE FOR EXPE2 DITED FEDERAL HIRING FOLLOWING COM3 PLETION OF NATIONAL SECURITY EDU4 CATION PROGRAM SCHOLARSHIP. 

5 Section 802(k) of the David L. Boren National Secu6 rity Education Act of 1991 (50 U.S.C. 1902(k)) is amend7 ed to read as follows: 

8 ‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.—

9 ‘‘(1) APPOINTMENT AUTHORITY.—The Sec10 retary of Defense, the Secretary of Homeland Secu11 rity, the Secretary of State, or the head of a Federal 

12 agency or office identified by the Secretary of De13 fense under subsection (g) as having national secu14 rity responsibilities—

15 ‘‘(A) may, without regard to any provision 

16 of title 5, United States Code, governing ap17 pointments in the competitive service, appoint 

18 an eligible program participant—

19 ‘‘(i) to a position in the excepted serv20 ice that is certified by the Secretary of De21 fense under clause (i) of subsection 

22 (b)(2)(A) as contributing to the national 

23 security of the United States; or 

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1 ice in such Federal agency or office identi2 fied by the Secretary; and 

3 ‘‘(B) may, upon satisfactory completion of 

4 two years of substantially continuous service by 

5 an incumbent who was appointed to an ex6 cepted service position under the authority of 

7 subparagraph (A), convert the appointment of 

8 such individual, without competition, to a career 

9 or career-conditional appointment. 

10 ‘‘(2) TREATMENT OF CERTAIN SERVICE.—In 

11 the case of an eligible program participant described 

12 in clause (ii) or (iii) of paragraph (3)(C) who re13 ceives an appointment under paragraph (1)(A), the 

14 head of a Department or Federal agency or office 

15 referred to in paragraph (1) may count any period 

16 that the individual served in a position with the Fed17 eral Government toward satisfaction of the service 

18 requirement under paragraph (1)(B) if that serv19 ice—

20 ‘‘(A) in the case of an appointment under 

21 clause (i) of paragraph (1)(A), was in a position 

22 that is identified under clause (i) of subsection 

23 (b)(2)(A) as contributing to the national secu24 rity of the United States; or 


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1 ‘‘(B) in the case of an appointment under 

2 clause (ii) of paragraph (1)(A), was in the Fed3 eral agency or office in which the appointment 

4 under that clause is made. 

5 ‘‘(3) ELIGIBLE PROGRAM PARTICIPANT DE6 FINED.—In this subsection, the term ‘eligible pro7 gram participant’ means an individual who—

8 ‘‘(A) has successfully completed an aca9 demic program for which a scholarship or fel10 lowship under this section was awarded; 

11 ‘‘(B) has not previously been appointed to 

12 the excepted service position under paragraph 

13 (1)(A); and 

14 ‘‘(C) at the time of the appointment of the 

15 individual to an excepted service position under 

16 paragraph (1)(A)—

17 ‘‘(i) under the terms of the agreement 

18 for such scholarship or fellowship, owes a 

19 service commitment to a Department or 

20 Federal agency or office referred to in 

21 paragraph (1); 

22 ‘‘(ii) is employed by the Federal Gov23 ernment under a non-permanent appoint24 ment to a position in the excepted service 


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1 that has national security responsibilities; 

2 or 

3 ‘‘(iii) is a former civilian employee of 

4 the Federal Government who has less than 

5 a one-year break in service from the last 

6 period of Federal employment of such indi7 vidual in a non-permanent appointment in 

8 the excepted service with national security 

9 responsibilities.’’. 

10 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 

Counter-Drug 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. 


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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. 

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. 


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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. 

Subtitle H—Other Matters 

Sec. 1076. Technical and clerical amendments. 

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

anniversary. 


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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.

1 Subtitle A—Financial Matters 

2 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

3 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

4 (1) AUTHORITY.—Upon determination by the 

5 Secretary of Defense that such action is necessary in 

6 the national interest, the Secretary may transfer 

7 amounts of authorizations made available to the De8 partment of Defense in this division for fiscal year 

9 2013 between any such authorizations for that fiscal 

10 year (or any subdivisions thereof). Amounts of au11 thorizations so transferred shall be merged with and 

12 be available for the same purposes as the authoriza13 tion to which transferred. 

14 (2) LIMITATION.—Except as provided in para15 graph (3), the total amount of authorizations that 


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1 the Secretary may transfer under the authority of 

2 this section may not exceed $4,000,000,000. 

3 (3) EXCEPTION FOR TRANSFERS BETWEEN

4 MILITARY PERSONNEL AUTHORIZATIONS.—A trans5 fer of funds between military personnel authoriza6 tions under title IV shall not be counted toward the 

7 dollar limitation in paragraph (2). 

8 (b) LIMITATIONS.—The authority provided by sub9 section (a) to transfer authorizations—

10 (1) may only be used to provide authority for 

11 items that have a higher priority than the items 

12 from which authority is transferred; and 

13 (2) may not be used to provide authority for an 

14 item that has been denied authorization by Con15 gress. 

16 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

17 transfer made from one account to another under the au18 thority of this section shall be deemed to increase the 

19 amount authorized for the account to which the amount 

20 is transferred by an amount equal to the amount trans21 ferred. 

22 (d) NOTICE TO CONGRESS.—The Secretary shall 

23 promptly notify Congress of each transfer made under 

24 subsection (a). 


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1 SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 

2 The budgetary effects of this Act, for the purposes 

3 of complying with the Statutory Pay-As-You-Go Act of 

4 2010, shall be determined by reference to the latest state5 ment titled ‘‘Budgetary Effects of PAYGO Legislation’’ 

6 for this Act, jointly submitted for printing in the Congres7 sional Record by the Chairmen of the House and Senate 

8 Budget Committees, provided that such statement has 

9 been submitted prior to the vote on passage in the House 

10 acting first on the conference report or amendment be11 tween the Houses. 

12 SEC. 1003. SENSE OF CONGRESS ON NOTICE TO CONGRESS 

13 ON UNFUNDED PRIORITIES. 

14 It is the sense of Congress that—

15 (1) not later than 45 days after the submittal 

16 to Congress of the budget for a fiscal year under 

17 section 1105(a) of title 31, United States Code, each 

18 officer specified in paragraph (2) should, through 

19 the Chairman of the Joint Chiefs of Staff and the 

20 Secretary of Defense, submit to the congressional 

21 defense committees a list of any priority military 

22 programs or activities under the jurisdiction of such 

23 officer for which, in the estimate of such officer ad24 ditional funds, if available, would substantially re25 duce operational or programmatic risk or accelerate 


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1 the creation or fielding of a critical military capa2 bility; 

3 (2) the officers specified in this paragraph 

4 are—

5 (A) the Chief of Staff of the Army; 

6 (B) the Chief of Naval Operations; 

7 (C) the Chief of Staff of the Air Force; 

8 (D) the Commandant of the Marine Corps; 

9 and 

10 (E) the Commander of the United States 

11 Special Operations Command; and 

12 (3) each list, if any, under paragraph (1) 

13 should set forth for each military program or activ14 ity on such list—

15 (A) a description of such program or activ16 ity; 

17 (B) a summary description of the justifica18 tion for or objectives of additional funds, if 

19 available for such program or activity; and 

20 (C) the additional amount of funds rec21 ommended in connection with the justification 

22 or objectives described for such program or ac23 tivity under subparagraph (B). 


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1 SEC. 1004. AUTHORITY TO TRANSFER FUNDS TO THE NA2 TIONAL NUCLEAR SECURITY ADMINISTRA3 TION TO SUSTAIN NUCLEAR WEAPONS MOD4 ERNIZATION. 

5 (a) TRANSFER AUTHORIZED.—If the amount author6 ized to be appropriated for the weapons activities of the 

7 National Nuclear Security Administration for fiscal year 

8 2013 in section 3101 is less than $7,900,000,000 (the 

9 amount projected to be required for such activities in fiscal 

10 year 2013 as specified in the report under section 1251 

11 of the National Defense Authorization Act for Fiscal Year 

12 2010 (Public Law 111–84; 123 Stat. 2549)), the Sec13 retary of Defense may transfer, from amounts authorized 

14 to be appropriated for the Department of Defense for fis15 cal year 2013 pursuant to this Act, to the Secretary of 

16 Energy an amount, not to exceed $150,000,000, to be 

17 available only for weapons activities of the National Nu18 clear Security Administration. 

19 (b) NOTICE TO CONGRESS.—In the event of a trans20 fer under subsection (a), the Secretary of Defense shall 

21 promptly notify Congress of the transfer, and shall include 

22 in such notice the Department of Defense account or ac23 counts from which funds are transferred. 

24 (c) TRANSFER MECHANISM.—Any funds transferred 

25 under this section shall be transferred in accordance with 


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1 established procedures for reprogramming under section 

2 1001 or successor provisions of law. 

3 (d) CONSTRUCTION OF AUTHORITY.—The transfer 

4 authority provided under subsection (a) is in addition to 

5 any other transfer authority provided under this Act. 

6 SEC. 1005. AUDIT READINESS OF DEPARTMENT OF DE7 FENSE STATEMENTS OF BUDGETARY RE8 SOURCES. 

9 (a) OBJECTIVE.—Section 1003(a)(2)(A)(ii) of the 

10 National Defense Authorization Act for Fiscal Year 2010 

11 (Public Law 111–84; 123 Stat. 2439; 10 U.S.C. 2222 

12 note) is amended by inserting ‘‘, and the statement of 

13 budgetary resources of the Department of Defense is vali14 dated as ready for audit by not later than September 30, 

15 2014’’ after ‘‘September 30, 2017’’. 

16 (b) AFFORDABLE AND SUSTAINABLE APPROACH.—

17 (1) IN GENERAL.—The Chief Management Offi18 cer of the Department of Defense and the Chief 

19 Management Officers of each of the military depart20 ments shall ensure that plans to achieve an 

21 auditable statement of budgetary resources of the 

22 Department of Defense by September 30, 2014, in23 clude appropriate steps to minimize one-time fixes 

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1 fordable, and will not delay full auditability of finan2 cial statements. 

3 (2) ADDITIONAL ELEMENTS IN FIAR PLAN RE4 PORT.—Each semi-annual report on the Financial 

5 Improvement and Audit Readiness Plan of the De6 partment of Defense submitted by the Under Sec7 retary of Defense (Comptroller) under section 

8 1003(b) of the National Defense Authorization Act 

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

10 2439; 10 U.S.C. 2222 note) during the period begin11 ning on the date of the enactment of this Act and 

12 ending on September 30, 2014, shall include the fol13 lowing: 

14 (A) A description of the actions taken by 

15 the military departments pursuant to paragraph 

16 (1). 

17 (B) A determination by the Chief Manage18 ment Officer of each military department 

19 whether or not such military department is able 

20 to achieve an auditable statement of budgetary 

21 resources by September 30, 2014, without an 

22 unaffordable or unsustainable level of one-time 

23 fixes and manual work-arounds and without de24 laying the full auditability of the financial state25 ments of such military department. 


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1 (C) If the Chief Management Officer of a 

2 military department determines under subpara3 graph (B) that the military department is not 

4 able to achieve an auditable statement of budg5 etary resources by September 30, 2014, as de6 scribed in that subparagraph—

7 (i) an explanation why the military 

8 department is unable to meet the deadline; 

9 (ii) an alternative deadline by which 

10 the military department will achieve an 

11 auditable statement of budgetary re12 sources; and 

13 (iii) a description of the plan of the 

14 military department for meeting the alter15 native deadline. 

16 SEC. 1006. REPORT ON BALANCES CARRIED FORWARD BY 

17 THE DEPARTMENT OF DEFENSE AT THE END 

18 OF FISCAL YEAR 2012. 

19 Not later than 180 days after the date of the enact20 ment of this Act, the Secretary of Defense shall submit 

21 to Congress, and publish on the Internet website of the 

22 Department of Defense available to the public, the fol23 lowing: 


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1 (1) The total dollar amount of all balances car2 ried forward by the Department of Defense at the 

3 end of fiscal year 2012 by account. 

4 (2) The total dollar amount of all unobligated 

5 balances carried forward by the Department of De6 fense at the end of fiscal year 2012 by account. 

7 (3) The total dollar amount of any balances 

8 (both obligated and unobligated) that have been car9 ried forward by the Department of Defense for five 

10 years or more as of the end of fiscal year 2012 by 

11 account. 

12 SEC. 1007. REPORT ON ELIMINATION AND STREAMLINING 

13 OF REPORTING REQUIREMENTS, THRESH14 OLDS, AND STATUTORY AND REGULATORY 

15 REQUIREMENTS RESULTING FROM UNQUALI16 FIED AUDIT OPINION OF DEPARTMENT OF 

17 DEFENSE FINANCIAL STATEMENTS. 

18 Not later than 180 days after the date of the enact19 ment of this Act, the Under Secretary of Defense (Comp20 troller) shall submit to the congressional defense commit21 tees a report setting forth, in the opinion of the Under 

22 Secretary, the following: 

23 (1) A list of reports currently required by law 

24 to be submitted by the Department of Defense to 

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1 nancial statements of the Department of Defense 

2 were audited with an unqualified opinion. 

3 (2) A list of each statutory and regulatory re4 quirement that would be no longer necessary if the 

5 financial statements of the Department of defense 

6 were audited with an unqualified opinion. 

7 (3) A list of each statutory and regulatory re8 quirement that could be revised and streamlined if 

9 the financial statement of the Department of De10 fense were audited with an unqualified opinion. 

11 Subtitle B—Counter-Drug 

12 Activities 

13 SEC. 1008. EXTENSION OF THE AUTHORITY TO ESTABLISH 

14 AND OPERATE NATIONAL GUARD 

15 COUNTERDRUG SCHOOLS. 

16 Section 901 of the Office of National Drug Control 

17 Policy Reauthorization Act of 2006 (Public Law 109–469; 

18 120 Stat. 3536; 32 U.S.C. 112 note) is amended—

19 (1) in subsection (c)—

20 (A) by striking paragraph (1) and redesig21 nating paragraphs (2) through (5) as para22 graphs (1) through (4), respectively; and 

23 (B) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(5) The Western Regional Counterdrug Train2 ing Center, Camp Murray, Washington.’’; 

3 (2) by striking subsection (f) and inserting the 

4 following new subsection (f): 

5 ‘‘(f) ANNUAL REPORT ON ACTIVITIES.—Not later 

6 than February 1 each year, the Secretary of Defense shall 

7 submit to Congress a report on the activities of the Na8 tional Guard counterdrug schools during the preceding 

9 year. Each such report shall set forth a description of the 

10 activities of each National Guard counterdrug school for 

11 the fiscal year preceding the fiscal year during which the 

12 report is submitted, including—

13 ‘‘(1) the amount of funding made available and 

14 the appropriation account for each National Guard 

15 counterdrug school during such fiscal year; 

16 ‘‘(2) the cumulative amount of funding made 

17 available for each National Guard counterdrug 

18 school during five fiscal years preceding such fiscal 

19 year; 

20 ‘‘(3) a description of the curriculum and train21 ing used at each National Guard counterdrug school; 

22 ‘‘(4) a description of how the activities con23 ducted at each National Guard counterdrug school 

24 fulfilled Department of Defense counterdrug mis25 sion; 


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1 ‘‘(5) a list of the entities described in subsection 

2 (b) whose personnel received training at each Na3 tional Guard counterdrug school; and 

4 ‘‘(6) updates, if any, to the Department of De5 fense regulations prescribed under subsection (a).’’; 

6 and 

7 (3) in subsection (g)—

8 (A) in paragraph (1), by striking ‘‘There is 

9 hereby authorized’’ and all that follows through 

10 ‘‘such fiscal year’’ and inserting the following: 

11 ‘‘Not more than $30,000,000 may be expended 

12 by the Secretary of Defense for purposes of the 

13 National Guard counterdrug schools in any fis14 cal year’’; and 

15 (B) in paragraph (2), by striking ‘‘amount 

16 authorized to be appropriated by paragraph 

17 (1)’’ and inserting ‘‘amount expended pursuant 

18 to paragraph (1)’’. 

19 SEC. 1009. BIANNUAL REPORTS ON USE OF FUNDS IN THE 

20 DRUG INTERDICTION AND COUNTER-DRUG 

21 ACTIVITIES, DEFENSE-WIDE ACCOUNT. 

22 (a) BIANNUAL REPORTS ON EXPENDITURES OF

23 FUNDS.—Not later than 60 days after the end of the first 

24 half of a fiscal year and after the end of the second half 

25 of a fiscal year, the Secretary of Defense shall submit to 


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1 the congressional defense committees a report setting 

2 forth a description of the expenditure of funds, by project 

3 code, from the Drug Interdiction and Counter-Drug Ac4 tivities, Defense-wide account during such half of the fis5 cal year, including expenditures of funds in direct or indi6 rect support of the counter-drug activities of foreign gov7 ernments. 

8 (b) INFORMATION ON SUPPORT OF COUNTER-DRUG

9 ACTIVITIES OF FOREIGN GOVERNMENTS.—The informa10 tion in a report under subsection (a) on direct or indirect 

11 support of the counter-drug activities of foreign govern12 ments shall include, for each foreign government so sup13 ported, the following: 

14 (1) The total amount of assistance provided to, 

15 or expended on behalf of, the foreign government. 

16 (2) A description of the types of counter-drug 

17 activities conducted using the assistance. 

18 (3) An explanation of the legal authority under 

19 which the assistance was provided. 

20 (c) DEFINITIONS.—In this section: 

21 (1) The term ‘‘first half of a fiscal year’’ means 

22 the period beginning on October 1 of any year and 

23 ending on March 31 of the following year. 


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1 (2) The term ‘‘second half of a fiscal year’’ 

2 means the period beginning on April 1 of any year 

3 and ending on September 30 of such year. 

4 (d) CESSATION OF REQUIREMENT.—No report shall 

5 be required under subsection (a) for any half of a fiscal 

6 year beginning on or after October 1, 2017. 

7 (e) REPEAL OF OBSOLETE AUTHORITY.—Section 

8 1022 of the Floyd D. Spence National Defense Authoriza9 tion Act for Fiscal Year 2001 (as enacted into law by Pub10 lic Law 106–398) is hereby repealed. 

11 SEC. 1010. EXTENSION OF AUTHORITY TO SUPPORT UNI12 FIED COUNTER-DRUG AND 

13 COUNTERTERRORISM CAMPAIGN IN COLOM14 BIA. 

15 Section 1021 of the Ronald W. Reagan National De16 fense Authorization Act for Fiscal Year 2005 (Public Law 

17 108–375; 118 Stat. 2042), as most recently amended by 

18 section 1007 of the National Defense Authorization Act 

19 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

20 1558), is amended—

21 (1) in subsection (a), by striking ‘‘2012’’ and 

22 inserting ‘‘2013’’; and 

23 (2) in subsection (c), by striking ‘‘2012’’ and 

24 inserting ‘‘2013’’. 


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1 SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK 

2 FORCES TO PROVIDE SUPPORT TO LAW EN3 FORCEMENT AGENCIES CONDUCTING 

4 COUNTER-TERRORISM ACTIVITIES. 

5 Section 1022(b) of the National Defense Authoriza6 tion Act for Fiscal Year 2004 (Public Law 108–136; 117 

7 Stat. 1594; 10 U.S.C. 371 note) is amended by striking 

8 ‘‘2012’’ and inserting ‘‘2013’’. 

9 SEC. 1012. REQUIREMENT FOR BIENNIAL CERTIFICATION 

10 ON PROVISION OF SUPPORT FOR COUNTER11 DRUG ACTIVITIES TO CERTAIN FOREIGN 

12 GOVERNMENTS. 

13 Section 1033 of the National Defense Authorization 

14 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

15 1881), as most recently amended by section 1006 of the 

16 National Defense Authorization Act for Fiscal Year 2012 

17 (Public Law 112–81; 125 Stat. 1557), is further amend18 ed—

19 (1) in subsection (f)(1), by striking ‘‘the written 

20 certification described in subsection (g) for that fis21 cal year.’’ and inserting ‘‘a written certification de22 scribed in subsection (g) applicable to that fiscal 

23 year. The first such certification with respect to any 

24 such government may apply only to a period of one 

25 fiscal year. Subsequent certifications with respect to 


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1 any such government may apply to a period of not 

2 to exceed two fiscal years.’’; and 

3 (2) in subsection (g), in the matter preceding 

4 paragraph (1)—

5 (A) by striking ‘‘The written’’ and insert6 ing ‘‘A written’’; and 

7 (B) by striking ‘‘for a fiscal year’’ and all 

8 that follows through the colon and inserting 

9 ‘‘for a government to receive support under this 

10 section for any period of time is a certification 

11 of each of the following with respect to that 

12 government:’’. 

13 Subtitle C—Naval Vessels and 

14 Shipyards 

15 SEC. 1013. POLICY RELATING TO MAJOR COMBATANT VES16 SELS OF THE STRIKE FORCES OF THE 

17 UNITED STATES NAVY. 

18 Section 1012(b) of the National Defense Authoriza19 tion Act for Fiscal Year 2008 (Public Law 110–181; 122 

20 Stat. 303), as most recently amended by section 1015 of 

21 the Duncan Hunter National Defense Authorization Act 

22 for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

23 4586), is amended by striking ‘‘Secretary of Defense’’ and 

24 all that follows through the period and inserting the fol25 lowing: ‘‘Secretary of the Navy notifies the congressional 


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1 defense committees that, as a result of a cost-benefit anal2 ysis, it would not be practical for the Navy to design the 

3 class of ships with an integrated nuclear power system.’’. 

4 SEC. 1014. LIMITATION ON AVAILABILITY OF FUNDS FOR 

5 DELAYED ANNUAL NAVAL VESSEL CON6 STRUCTION PLAN. 

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

8 States Code, is amended—

9 (1) by redesignating subsection (e) as sub10 section (f); and 

11 (2) by inserting after subsection (d) the fol12 lowing new subsection (e): 

13 ‘‘(e) LIMITATION ON AVAILABILITY OF FUNDS FOR

14 FISCAL YEARS WITHOUT PLAN AND CERTIFICATION.—

15 (1) If the Secretary of Defense does not include with the 

16 defense budget materials for a fiscal year the plan and 

17 certification under subsection (a), the Secretary of the 

18 Navy may not use more than 50 percent of the funds de19 scribed in paragraph (2) during the fiscal year in which 

20 such materials are submitted until the date on which such 

21 plan and certification are submitted to the congressional 

22 defense committees. 

23 ‘‘(2) The funds described in this paragraph are funds 

24 made available to the Secretary of the Navy for operation 


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1 and maintenance, Navy, for emergencies and extraor2 dinary expenses.’’. 

3 (b) CONFORMING AMENDMENT.—Section 12304b(i) 

4 of title 10, United States Code, is amended by striking 

5 ‘‘section 231(g)(2)’’ and inserting ‘‘section 231(f)(2)’’. 

6 SEC. 1015. RETIREMENT OF NAVAL VESSELS. 

7 (a) REPORT REQUIRED.—Not later than 30 days 

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

9 Naval Operations shall submit to the congressional de10 fense committees a report that sets forth a comprehensive 

11 description of the current requirements of the Navy for 

12 combatant vessels of the Navy, including submarines. 

13 (b) ADDITIONAL REPORT ELEMENT IF LESS THAN

14 313 VESSELS REQUIRED.—If the number of combatant 

15 vessels for the Navy (including submarines) specified as 

16 being required in the report under subsection (a) is less 

17 than 313 combatant vessels, the report shall include a jus18 tification for the number of vessels specified as being so 

19 required and the rationale by which the number of vessels 

20 is considered consistent with applicable strategic guidance 

21 issued by the President and the Secretary of Defense in 

22 2012. 

23 SEC. 1016. TERMINATION OF A MARITIME PREPOSITIONING 

24 SHIP SQUADRON. 

25 (a) REPORT REQUIRED.—


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1 (1) IN GENERAL.—Not later than 60 days after 

2 the date of the enactment of this Act, the Chief of 

3 Naval Operations and the Commandant of the Ma4 rine Corps shall jointly submit to the congressional 

5 defense committees a report setting forth an assess6 ment of the Marine Corps Prepositioning Program–

7 Norway and the capability of that program to ad8 dress any readiness gaps that will be created by the 

9 termination of Maritime Prepositioning Ship Squad10 ron One in the Mediterranean. 

11 (2) ELEMENTS.—The report required by para12 graph (1) shall include the following: 

13 (A) A detailed description of the time re14 quired to transfer stockpiles onto naval vessels 

15 for use in contingency operations. 

16 (B) A comparison of the response time of 

17 the Marine Corps Prepositioning Program–Nor18 way with the response time of Maritime 

19 Prepositioning Ship Squadron One. 

20 (C) A description of the equipment stored 

21 in the stockpiles of the Marine Corps 

22 Prepositioning Program–Norway, the dif23 ferences (if any) between that equipment and 

24 the equipment of a Maritime Prepositioning 

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1 ational plan impacts associated with using 

2 Prepositioning Program–Norway to fulfill the 

3 Maritime Prepositioning Ship squadron require4 ments. 

5 (D) A description and assessment of the 

6 current age and state of maintenance of the 

7 equipment of the Marine Corps Maritime 

8 Prepositioning Program-Norway. 

9 (E) A plan to address future requirements, 

10 equipment shortages, and modernization needs 

11 of the Marine Corps Maritime Prepositioning 

12 Program-Norway. 

13 (b) LIMITATION ON AVAILABILITY OF FUNDS.—

14 Amounts authorized to be appropriated by this Act may 

15 not be obligated or expended to terminate a Maritime 

16 Prepositioning Ship squadron until the date of the sub17 mittal to the congressional defense committees of the re18 port required by subsection (a). 

19 SEC. 1017. SENSE OF CONGRESS ON RECAPITALIZATION 

20 FOR THE NAVY AND COAST GUARD. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) More than 70 percent of the world’s surface 

24 is comprised of navigable oceans. 


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1 (2) More than 80 percent of the population of 

2 the world lives within 100 miles of an ocean. 

3 (3) More than 90 percent of the world’s com4 merce traverses an ocean. 

5 (4) The national security of the United States 

6 is inextricably linked to the maintenance of global 

7 freedom of access for both the strategic and com8 mercial interests of the United States. 

9 (5) To maintain that freedom of access the sea 

10 services of the United States, composed of the Navy, 

11 the Marine Corps, and the Coast Guard, must be 

12 sufficiently positioned as rotationally globally 

13 deployable forces with the capability to decisively de14 fend United States citizens, homeland, and interests 

15 abroad from direct or asymmetric attack and must 

16 be comprised of sufficient vessels to maintain global 

17 freedom of action. 

18 (6) To achieve appropriate capabilities to en19 sure national security, the Government of the United 

20 States must continue to recapitalize the fleets of the 

21 Navy and Coast Guard and must continue to con22 duct vital maintenance and repair of existing vessels 

23 to ensure such vessels meet service life goals. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that—


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1 (1) the sea services of the United States should 

2 be funded and maintained to provide the broad spec3 trum of capabilities required to protect the national 

4 security of the United States; 

5 (2) such capabilities should include—

6 (A) the ability to project United States 

7 power rapidly anywhere on the globe without 

8 the need for host nation basing permission or 

9 long and potentially vulnerable logistics supply 

10 lines; 

11 (B) the ability to land and recover mari12 time forces from the sea for direct combat ac13 tion, to evacuate United States citizens from 

14 hostile situations, and to provide humanitarian 

15 assistance where needed; 

16 (C) the ability to operate from the sub17 surface with overpowering conventional combat 

18 power, as well as strategic deterrence; and 

19 (D) the ability to operate in collaboration 

20 with United States maritime partners in the 

21 common interest of preventing piracy at sea 

22 and maintaining the commercial sea lanes avail23 able for global commerce; 

24 (3) the Secretary of Defense, in coordination 

25 with the Secretary of the Navy, should maintain the 


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1 recapitalization plans for the Navy as a priority in 

2 all future force structure decisions; and 

3 (4) the Secretary of Homeland Security should 

4 maintain the recapitalization plans for the Coast 

5 Guard as a priority in all future force structure deci6 sions. 

7 SEC. 1018. NOTICE TO CONGRESS FOR THE REVIEW OF 

8 PROPOSALS TO NAME NAVAL VESSELS. 

9 (a) FINDINGS.—Congress makes the following find10 ings: 

11 (1) The Navy traces its ancestry to October 13, 

12 1775, when an Act of the Continental Congress au13 thorized the first vessel of a navy for the United 

14 Colonies. Vessels of the Continental Navy were 

15 named for early patriots and military heroes, Fed16 eral institutions, colonial cities, and positive char17 acter traits representative of naval and military vir18 tues. 

19 (2) An Act of Congress on March 3, 1819, 

20 made the Secretary of the Navy responsible for as21 signing names to vessels of the Navy. Traditional 

22 sources for vessel names customarily encompassed 

23 such categories as geographic locations in the United 

24 States; historic sites, battles, and ships; naval and 

25 military heroes and leaders; and noted individuals 


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1 who made distinguished contributions to United 

2 States national security. 

3 (3) These customs and traditions provide ap4 propriate and necessary standards for the naming of 

5 vessels of the Navy. 

6 (b) NOTICE TO CONGRESS.—Section 7292 of title 10, 

7 United States Code, is amended by adding at the end the 

8 following new subsection: 

9 ‘‘(d)(1) The Secretary of the Navy may not announce 

10 or implement any proposal to name a vessel of the Navy 

11 until 30 days after the date on which the Secretary sub12 mits to the Committees on Armed Services of the Senate 

13 and the House of Representatives a report setting forth 

14 such proposal. 

15 ‘‘(2) Each report under this subsection shall describe 

16 the justification for the proposal covered by such report 

17 in accordance with the standards referred to in section 

18 1024(a) of the National Defense Authorization Act for 

19 Fiscal Year 2013.’’. 

20 (c) EFFECTIVE DATE.—This section and the amend21 ment made by this section shall go into effect on the date 

22 that is 30 days after the date of the enactment of this 

23 Act. 


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1 Subtitle D—Counterterrorism 

2 SEC. 1021. EXTENSION OF AUTHORITY TO MAKE REWARDS 

3 FOR COMBATING TERRORISM. 

4 (a) EXTENSION.—Section 127b(c)(3)(C) of title 10, 

5 United States Code, is amended by striking ‘‘September 

6 30, 2013’’ and inserting ‘‘September 30, 2014’’. 

7 (b) REPORT TO CONGRESS.—Not later than 180 days 

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

9 of Defense shall submit to the congressional defense com10 mittees a report that outlines the future requirements and 

11 authorities to make rewards for combating terrorism. The 

12 report shall include—

13 (1) an analysis of future requirements under 

14 section 127b of title 10, United States Code; 

15 (2) a detailed description of requirements for 

16 rewards in support of operations with allied forces; 

17 and 

18 (3) an overview of geographic combatant com19 mander requirements through September 30, 2014. 


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1 SEC. 1022. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 

2 OR MODIFY FACILITIES IN THE UNITED 

3 STATES TO HOUSE DETAINEES TRANS4 FERRED FROM UNITED STATES NAVAL STA5 TION, GUANTANAMO BAY, CUBA. 

6 (a) IN GENERAL.—No amounts authorized to be ap7 propriated or otherwise made available to the Department 

8 of Defense for fiscal year 2013 may be used to construct 

9 or modify any facility in the United States, its territories, 

10 or possessions to house any individual detained at Guanta11 namo for the purposes of detention or imprisonment in 

12 the custody or under the control of the Department of De13 fense unless authorized by Congress. 

14 (b) EXCEPTION.—The prohibition in subsection (a) 

15 shall not apply to any modification of facilities at United 

16 States Naval Station, Guantanamo Bay, Cuba. 

17 (c) INDIVIDUAL DETAINED AT GUANTANAMO DE18 FINED.—In this section, the term ‘‘individual detained at 

19 Guantanamo’’ has the meaning given that term in section 

20 1028(f)(2). 

21 SEC. 1023. REPORT ON RECIDIVISM OF INDIVIDUALS DE22 TAINED AT UNITED STATES NAVAL STATION, 

23 GUANTANAMO BAY, CUBA, WHO HAVE BEEN 

24 TRANSFERRED TO FOREIGN COUNTRIES. 

25 (a) REPORT REQUIRED.—Not later than 60 days 

26 after the date of the enactment of this Act, and annually 


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1 thereafter for five years, the Director of the Defense Intel2 ligence Agency, in consultation with the head of each ele3 ment of the intelligence community that the Director con4 siders appropriate, shall submit to the covered congres5 sional committees a report assessing the factors that cause 

6 or contribute to the recidivism of individuals detained at 

7 Guantanamo who are transferred or released to a foreign 

8 country. Such report shall include—

9 (1) a discussion of trends, by country and re10 gion, where recidivism has occurred; and 

11 (2) an assessment of the implementation by for12 eign countries of the international arrangements re13 lating to the transfer or release of individuals de14 tained at Guantanamo reached between the United 

15 States and each foreign country to which an indi16 vidual detained at Guantanamo has been transferred 

17 or released. 

18 (b) FORM.—The report required under subsection (a) 

19 may be submitted in classified form. 

20 (c) DEFINITIONS.—In this section: 

21 (1) The term ‘‘covered congressional commit22 tees’’ means—

23 (A) the Committee on Armed Services, the 

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1 nent Select Committee on Intelligence of the 

2 House of Representatives; and 

3 (B) the Committee on Armed Services, the 

4 Committee on Foreign Relations, and the Select 

5 Committee on Intelligence of the Senate. 

6 (2) The term ‘‘individual detained at Guanta7 namo’’ means any individual who is or was located 

8 at United States Naval Station, Guantanamo Bay, 

9 Cuba, who—

10 (A) is not a citizen of the United States or 

11 a member of the Armed Forces of the United 

12 States; and 

13 (B) on or after January 1, 2002, was—

14 (i) in the custody or under the control 

15 of the Department of Defense; or 

16 (ii) otherwise under detention at 

17 United States Naval Station, Guantanamo 

18 Bay, Cuba. 

19 SEC. 1024. NOTICE AND REPORT ON USE OF NAVAL VES20 SELS FOR DETENTION OF INDIVIDUALS CAP21 TURED OUTSIDE AFGHANISTAN PURSUANT 

22 TO THE AUTHORIZATION FOR USE OF MILI23 TARY FORCE. 

24 (a) NOTICE TO CONGRESS.—Not later than 30 days 

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1 ization for Use of Military Force (Public Law 107–40; 50 

2 U.S.C. 1541 note) on a naval vessel outside the United 

3 States, the Secretary of Defense shall submit to the Com4 mittees on Armed Services of the Senate and House of 

5 Representatives notice of the detention. In the case of such 

6 an individual who is transferred or released before the sub7 mittal of the notice of the individual’s detention, the Sec8 retary shall also submit to such Committees notice of the 

9 transfer or release. 

10 (b) REPORT.—

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

12 the date of the enactment of this Act, the Secretary 

13 of Defense shall submit to the Committees on Armed 

14 Services of the Senate and House of Representatives 

15 a report on the use of naval vessels for the detention 

16 outside the United States of any individual who is 

17 detained pursuant to the Authorization for Use of 

18 Military Force (Public Law 107–40; 50 U.S.C. 1541 

19 note). Such report shall include—

20 (A) procedures and any limitations on de21 taining such individuals at sea on board United 

22 States naval vessels; 

23 (B) an assessment of any force protection 

24 issues associated with detaining such individ25 uals on such vessels; 


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1 (C) an assessment of the likely effect of 

2 such detentions on the original mission of such 

3 naval vessels; and 

4 (D) any restrictions on long-term detention 

5 of individuals on United States naval vessels. 

6 (2) FORM OF REPORT.—The report required 

7 under paragraph (1) may be submitted in classified 

8 form. 

9 SEC. 1025. NOTICE REQUIRED PRIOR TO TRANSFER OF 

10 CERTAIN INDIVIDUALS DETAINED AT THE 

11 DETENTION FACILITY AT PARWAN, AFGHANI12 STAN. 

13 (a) NOTICE REQUIRED.—The Secretary of Defense 

14 shall submit to the appropriate congressional committees 

15 notice in writing of the proposed transfer of any individual 

16 detained pursuant to the Authorization for Use of Military 

17 Force (Public Law 107–40; 50 U.S.C. 1541 note) who is 

18 a national of a country other than the United States or 

19 Afghanistan from detention at the Detention Facility at 

20 Parwan, Afghanistan, to the custody of the Government 

21 of Afghanistan or of any other country. Such notice shall 

22 be provided not later than 10 days before such a transfer 

23 may take place. 


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1 (b) ASSESSMENTS REQUIRED.—Prior to any transfer 

2 referred to under subsection (a), the Secretary shall en3 sure that an assessment is conducted as follows: 

4 (1) In the case of the proposed transfer of such 

5 an individual by reason of the individual being re6 leased, an assessment of the threat posed by the in7 dividual and the security environment of the country 

8 to which the individual is to be transferred. 

9 (2) In the case of the proposed transfer of such 

10 an individual to a country other than Afghanistan 

11 for the purpose of the prosecution of the individual, 

12 an assessment regarding the capacity, willingness, 

13 and historical track record of the country with re14 spect to prosecuting similar cases, including a review 

15 of the primary evidence against the individual to be 

16 transferred and any significant admissibility issues 

17 regarding such evidence that are expected to arise in 

18 connection with the prosecution of the individual. 

19 (3) In the case of the proposed transfer of such 

20 an individual for reintegration or rehabilitation in a 

21 country other than Afghanistan, an assessment re22 garding the capacity, willingness, and historical 

23 track records of the country for reintegrating or re24 habilitating similar individuals. 


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1 (4) In the case of the proposed transfer of such 

2 an individual to the custody of the Government of 

3 Afghanistan for prosecution or detention, an assess4 ment regarding the capacity, willingness, and histor5 ical track record of Afghanistan to prosecute or de6 tain long-term such individuals. 

7 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE8 FINED.—In this section, the term ‘‘appropriate congres9 sional committees’’ means the Committee on Armed Serv10 ices and the Committee on Foreign Affairs of the House 

11 of Representatives and the Committee on Armed Services 

12 and the Committee on Foreign Relations of the Senate. 

13 SEC. 1026. REPORT ON RECIDIVISM OF INDIVIDUALS FOR14 MERLY DETAINED AT THE DETENTION FACIL15 ITY AT PARWAN, AFGHANISTAN. 

16 (a) REPORT.—Not later than 120 days after the date 

17 of the enactment of this Act, the Secretary of Defense 

18 shall submit to the relevant congressional committees a 

19 report on the estimated recidivism rates and the factors 

20 that appear to contribute to the recidivism of individuals 

21 formerly detained at the Detention Facility at Parwan, Af22 ghanistan, who were transferred or released, including the 

23 estimated total number of individuals who have been re24 captured on one or more occasion. 


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1 (b) FORM.—The report required under subsection (a) 

2 may be submitted in classified form. 

3 (c) RELEVANT CONGRESSIONAL COMMITTEES DE4 FINED.—In this section, the term ‘‘relevant congressional 

5 committees’’ means—

6 (1) the Committee on Armed Services and the 

7 Committee on Foreign Relations of the Senate; and 

8 (2) the Committee on Armed Services and the 

9 Committee on Foreign Affairs of the House of Rep10 resentatives. 

11 SEC. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE 

12 TRANSFER OR RELEASE OF INDIVIDUALS DE13 TAINED AT UNITED STATES NAVAL STATION, 

14 GUANTANAMO BAY, CUBA. 

15 None of the funds authorized to be appropriated by 

16 this Act for fiscal year 2013 may be used to transfer, re17 lease, or assist in the transfer or release to or within the 

18 United States, its territories, or possessions of Khalid 

19 Sheikh Mohammed or any other detainee who—

20 (1) is not a United States citizen or a member 

21 of the Armed Forces of the United States; and 

22 (2) is or was held on or after January 20, 

23 2009, at United States Naval Station, Guantanamo 

24 Bay, Cuba, by the Department of Defense. 


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1 SEC. 1028. REQUIREMENTS FOR CERTIFICATIONS RELAT2 ING TO THE TRANSFER OF DETAINEES AT 

3 UNITED STATES NAVAL STATION, GUANTA4 NAMO BAY, CUBA, TO FOREIGN COUNTRIES 

5 AND OTHER FOREIGN ENTITIES. 

6 (a) CERTIFICATION REQUIRED PRIOR TO TRANS7 FER.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2) and subsection (d), the Secretary of De10 fense may not use any amounts authorized to be ap11 propriated or otherwise available to the Department 

12 of Defense for fiscal year 2013 to transfer any indi13 vidual detained at Guantanamo to the custody or 

14 control of the individual’s country of origin, any 

15 other foreign country, or any other foreign entity 

16 unless the Secretary submits to Congress the certifi17 cation described in subsection (b) not later than 30 

18 days before the transfer of the individual. 

19 (2) EXCEPTION.—Paragraph (1) shall not 

20 apply to any action taken by the Secretary to trans21 fer any individual detained at Guantanamo to effec22 tuate an order affecting the disposition of the indi23 vidual that is issued by a court or competent tri24 bunal of the United States having lawful jurisdiction 

25 (which the Secretary shall notify Congress of 

26 promptly after issuance). 


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1 (b) CERTIFICATION.—A certification described in this 

2 subsection is a written certification made by the Secretary 

3 of Defense, with the concurrence of the Secretary of State 

4 and in consultation with the Director of National Intel5 ligence, that—

6 (1) the government of the foreign country or 

7 the recognized leadership of the foreign entity to 

8 which the individual detained at Guantanamo is to 

9 be transferred—

10 (A) is not a designated state sponsor of 

11 terrorism or a designated foreign terrorist orga12 nization; 

13 (B) maintains control over each detention 

14 facility in which the individual is to be detained 

15 if the individual is to be housed in a detention 

16 facility; 

17 (C) is not, as of the date of the certifi18 cation, facing a threat that is likely to substan19 tially affect its ability to exercise control over 

20 the individual; 

21 (D) has taken or agreed to take effective 

22 actions to ensure that the individual cannot 

23 take action to threaten the United States, its 

24 citizens, or its allies in the future; 


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1 (E) has taken or agreed to take such ac2 tions as the Secretary of Defense determines 

3 are necessary to ensure that the individual can4 not engage or reengage in any terrorist activity; 

5 and 

6 (F) has agreed to share with the United 

7 States any information that—

8 (i) is related to the individual or any 

9 associates of the individual; and 

10 (ii) could affect the security of the 

11 United States, its citizens, or its allies; and 

12 (2) includes an assessment, in classified or un13 classified form, of the capacity, willingness, and past 

14 practices (if applicable) of the foreign country or en15 tity in relation to the Secretary’s certifications. 

16 (c) PROHIBITION IN CASES OF PRIOR CONFIRMED

17 RECIDIVISM.—

18 (1) PROHIBITION.—Except as provided in para19 graph (2) and subsection (d), the Secretary of De20 fense may not use any amounts authorized to be ap21 propriated or otherwise made available to the De22 partment of Defense to transfer any individual de23 tained at Guantanamo to the custody or control of 

24 the individual’s country of origin, any other foreign 

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1 firmed case of any individual who was detained at 

2 United States Naval Station, Guantanamo Bay, 

3 Cuba, at any time after September 11, 2001, who 

4 was transferred to such foreign country or entity 

5 and subsequently engaged in any terrorist activity. 

6 (2) EXCEPTION.—Paragraph (1) shall not 

7 apply to any action taken by the Secretary to trans8 fer any individual detained at Guantanamo to effec9 tuate an order affecting the disposition of the indi10 vidual that is issued by a court or competent tri11 bunal of the United States having lawful jurisdiction 

12 (which the Secretary shall notify Congress of 

13 promptly after issuance). 

14 (d) NATIONAL SECURITY WAIVER.—

15 (1) IN GENERAL.—The Secretary of Defense 

16 may waive the applicability to a detainee transfer of 

17 a certification requirement specified in subparagraph 

18 (D) or (E) of subsection (b)(1) or the prohibition in 

19 subsection (c), if the Secretary certifies the rest of 

20 the criteria required by subsection (b) for transfers 

21 prohibited by (c) and, with the concurrence of the 

22 Secretary of State and in consultation with the Di23 rector of National Intelligence, determines that—


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1 (A) alternative actions will be taken to ad2 dress the underlying purpose of the requirement 

3 or requirements to be waived; 

4 (B) in the case of a waiver of subpara5 graph (D) or (E) of subsection (b)(1), it is not 

6 possible to certify that the risks addressed in 

7 the paragraph to be waived have been com8 pletely eliminated, but the actions to be taken 

9 under subparagraph (A) will substantially miti10 gate such risks with regard to the individual to 

11 be transferred; 

12 (C) in the case of a waiver of subsection 

13 (c), the Secretary has considered any confirmed 

14 case in which an individual who was transferred 

15 to the country subsequently engaged in terrorist 

16 activity, and the actions to be taken under sub17 paragraph (A) will substantially mitigate the 

18 risk of recidivism with regard to the individual 

19 to be transferred; and 

20 (D) the transfer is in the national security 

21 interests of the United States. 

22 (2) REPORTS.—Whenever the Secretary makes 

23 a determination under paragraph (1), the Secretary 

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1 gress, not later than 30 days before the transfer of 

2 the individual concerned, the following: 

3 (A) A copy of the determination and the 

4 waiver concerned. 

5 (B) A statement of the basis for the deter6 mination, including—

7 (i) an explanation why the transfer is 

8 in the national security interests of the 

9 United States; 

10 (ii) in the case of a waiver of para11 graph (D) or (E) of subsection (b)(1), an 

12 explanation why it is not possible to certify 

13 that the risks addressed in the paragraph 

14 to be waived have been completely elimi15 nated; and 

16 (iii) a classified summary of—

17 (I) the individual’s record of co18 operation while in the custody of or 

19 under the effective control of the De20 partment of Defense; and 

21 (II) the agreements and mecha22 nisms in place to provide for con23 tinuing cooperation. 

24 (C) A summary of the alternative actions 

25 to be taken to address the underlying purpose 


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1 of, and to mitigate the risks addressed in, the 

2 paragraph or subsection to be waived. 

3 (D) The assessment required by subsection 

4 (b)(2). 

5 (e) RECORD OF COOPERATION.—In assessing the risk 

6 that an individual detained at Guantanamo will engage in 

7 terrorist activity or other actions that could affect the se8 curity of the United States if released for the purpose of 

9 making a certification under subsection (b) or a waiver 

10 under subsection (d), the Secretary of Defense may give 

11 favorable consideration to any such individual—

12 (1) who has substantially cooperated with 

13 United States intelligence and law enforcement au14 thorities, pursuant to a pre-trial agreement, while in 

15 the custody of or under the effective control of the 

16 Department of Defense; and 

17 (2) for whom agreements and effective mecha18 nisms are in place, to the extent relevant and nec19 essary, to provide for continued cooperation with 

20 United States intelligence and law enforcement au21 thorities. 

22 (f) DEFINITIONS.—In this section: 

23 (1) The term ‘‘appropriate committees of Con24 gress’’ means—


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1 (A) the Committee on Armed Services, the 

2 Committee on Appropriations, and the Select 

3 Committee on Intelligence of the Senate; and 

4 (B) the Committee on Armed Services, the 

5 Committee on Appropriations, and the Perma6 nent Select Committee on Intelligence of the 

7 House of Representatives. 

8 (2) The term ‘‘individual detained at Guanta9 namo’’ means any individual located at United 

10 States Naval Station, Guantanamo Bay, Cuba, as of 

11 October 1, 2009, who—

12 (A) is not a citizen of the United States or 

13 a member of the Armed Forces of the United 

14 States; and 

15 (B) is—

16 (i) in the custody or under the control 

17 of the Department of Defense; or 

18 (ii) otherwise under detention at 

19 United States Naval Station, Guantanamo 

20 Bay, Cuba. 

21 (3) The term ‘‘foreign terrorist organization’’ 

22 means any organization so designated by the Sec23 retary of State under section 219 of the Immigra24 tion and Nationality Act (8 U.S.C. 1189).


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1 SEC. 1029. RIGHTS UNAFFECTED. 

2 Nothing in the Authorization for Use of Military 

3 Force (Public Law 107–40; 50 U.S.C. 1541 note) or the 

4 National Defense Authorization Act for Fiscal Year 2012 

5 (Public Law 112–81) shall be construed to deny the avail6 ability of the writ of habeas corpus or to deny any Con7 stitutional rights in a court ordained or established by or 

8 under Article III of the Constitution to any person inside 

9 the United States who would be entitled to the availability 

10 of such writ or to such rights in the absence of such laws.


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1 Subtitle E—Nuclear Forces 

2 SEC. 1031. NUCLEAR WEAPONS EMPLOYMENT STRATEGY 

3 OF THE UNITED STATES. 

4 (a) REPORTS ON STRATEGY.—Section 491 of title 10, 

5 United States Code, is—

6 (1) transferred to chapter 24 of such title, as 

7 added by subsection (b)(1); and 

8 (2) amended—

9 (A) in the heading, by inserting ‘‘weap10 ons’’ after ‘‘Nuclear’’; 

11 (B) by striking ‘‘nuclear employment strat12 egy’’ each place it appears and inserting ‘‘nu13 clear weapons employment strategy’’; 

14 (C) in paragraph (1)—

15 (i) by inserting ‘‘the’’ after ‘‘modifica16 tions to’’; and 

17 (ii) by inserting ‘‘, plans, and options’’ 

18 after ‘‘employment strategy’’; 

19 (D) by inserting after paragraph (3) the 

20 following new paragraph: 

21 ‘‘(4) The extent to which such modifications in22 clude an increased reliance on conventional or non23 nuclear global strike capabilities or missile defenses 

24 of the United States.’’; 


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1 (E) by striking ‘‘On the date’’ and insert2 ing ‘‘(a) REPORTS.—On the date’’; and 

3 (F) by adding at the end the following new 

4 subsections: 

5 ‘‘(b) ANNUAL BRIEFINGS.—Not later than March 15 

6 of each year, the Secretary of Defense shall provide to the 

7 congressional defense committees a briefing regarding the 

8 nuclear weapons employment strategy, plans, and options 

9 of the United States. 

10 ‘‘(c) NOTIFICATION OF ANOMALIES.—(1) The Sec11 retary of Defense shall submit to the congressional defense 

12 committees written notification of an anomaly in the nu13 clear command, control, and communications system of 

14 the United States that is reported to the Secretary of De15 fense or the Nuclear Weapons Council by not later than 

16 14 days after the date on which the Secretary or the Coun17 cil learns of such anomaly, as the case may be. 

18 ‘‘(2) In this subsection, the term ‘anomaly’ means 

19 any unplanned, irregular, or abnormal event, whether un20 explained or caused intentionally or unintentionally by a 

21 person or a system.’’. 

22 (b) CLERICAL AND CONFORMING AMENDMENTS.—

23 (1) CHAPTER 24.—Part I of subtitle A of title 

24 10, United States Code, is amended by adding at 

25 the end the following new chapter: 


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1 ‘‘CHAPTER 24—NUCLEAR POSTURE

‘‘Sec. 

‘‘491. Nuclear weapons employment strategy of the United States: reports on 

modification of strategy.’’.

2 (2) TABLE OF CHAPTERS.—The table of chap3 ters at the beginning of subtitle A of title 10, United 

4 States Code, and at the beginning of part I of such 

5 subtitle, are each amended by inserting after the 

6 item relating to chapter 23 the following new item:

‘‘24. Nuclear posture ......................................................................... 491’’.

7 (3) TRANSFER OF PROVISIONS.—

8 (A) CHAPTER 23.—Chapter 23 of title 10, 

9 United States Code, is amended as follows: 

10 (i) Section 490a is—

11 (I) transferred to chapter 24 of 

12 such title, as added by paragraph (1); 

13 (II) inserted after section 491 of 

14 such title, as added to such chapter 

15 24 by subsection (a)(1); and 

16 (III) redesignated as section 492. 

17 (ii) The table of sections at the begin18 ning of such chapter 23 is amended by 

19 striking the items relating to sections 490a 

20 and 491. 

21 (B) FY12 NDAA.—Section 1077 of the Na22 tional Defense Authorization Act for Fiscal 


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1 Year 2012 (Public Law 112–81; 50 U.S.C. 

2 2514) is—

3 (i) transferred to chapter 24 of title 

4 10, United States Code, as added by para5 graph (1); 

6 (ii) inserted after section 492 of such 

7 title, as added by subparagraph (A)(i); 

8 (iii) redesignated as section 493; and 

9 (iv) amended by striking ‘‘the date of 

10 the enactment of this Act’’ and inserting 

11 ‘‘December 31, 2011,’’. 

12 (III) by striking ‘‘the date of the 

13 enactment of this Act’’ and inserting 

14 ‘‘December 31, 2011,’’. 

15 (C) CLERICAL AMENDMENTS.—

16 (i) TABLE OF SECTIONS.—The table 

17 of sections at the beginning of chapter 24 

18 of title 10, United States Code, as added 

19 by paragraph (1), is amended by inserting 

20 after the item relating to section 491 the 

21 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.’’.

22 (ii) SECTION HEADING TYPEFACE AND

23 TYPESTYLE.—Section 493 of title 10, 


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1 United States Code, as added by subpara2 graph (B), is amended—

3 (I) in the enumerator, by striking 

4 ‘‘SEC.’’ and inserting ‘‘§’’; and 

5 (II) in the section heading—

6 (aa) by striking the period 

7 at the end; and 

8 (bb) by conforming the type9 face and typestyle, including cap10 italization, to the typeface and 

11 typestyle as used in the section 

12 heading of section 491 of such 

13 title. 

14 (4) CONFORMING AMENDMENT.—section 

15 1031(b) of the National Defense Authorization Act 

16 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

17 1574) is amended by striking ‘‘section 490a of title 

18 10, United States Code, as added by subsection 

19 (a),’’ and inserting ‘‘section 492 of title 10, United 

20 States Code,’’. 

21 SEC. 1032. PROGRESS OF MODERNIZATION. 

22 (a) NUCLEAR EMPLOYMENT STRATEGY.—Subsection 

23 (a) of section 491 of title 10, United States Code, as 

24 amended by section 1031, is amended by striking ‘‘On the 

25 date on which the President issues’’ and inserting ‘‘By not 


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1 later than 60 days before the date on which the President 

2 implements’’. 

3 (b) REPORTS REQUIRED.—Such section 491 is fur4 ther amended by adding at the end the following: 

5 ‘‘(d) REPORTS ON 2010 NUCLEAR POSTURE REVIEW

6 IMPLEMENTATION STUDY DECISIONS.—During each of 

7 fiscal years 2012 through 2021, not later than 60 days 

8 before the date on which the President carries out the re9 sults of the decisions made pursuant to the 2010 Nuclear 

10 Posture Review Implementation Study that would alter 

11 the nuclear weapons employment strategy, guidance, 

12 plans, or options of the United States, the President 

13 shall—

14 ‘‘(1) ensure that the annual report required 

15 under section 1043(a)(1) of the National Defense 

16 Authorization Act for Fiscal Year 2012 (Public Law 

17 112–81; 125 Stat. 1576) is transmitted to Congress, 

18 if so required; 

19 ‘‘(2) ensure that the report required under sec20 tion 494(a)(2)(A) of this title is transmitted to Con21 gress, if so required under such section; and 

22 ‘‘(3) transmit to the congressional defense com23 mittees a report providing the high-, medium-, and 

24 low- confidence assessments of the intelligence com25 munity (as defined in section 3(4) of the National 


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1 Security Act of 1947 (50 U.S.C. 401a(4))) as to 

2 whether the United States will have significant 

3 warning of a strategic surprise or breakout caused 

4 by foreign nuclear weapons developments.’’. 

5 SEC. 1033. REPORT IN THE EVENT OF INSUFFICIENT FUND6 ING FOR MODERNIZATION OF NUCLEAR 

7 WEAPONS STOCKPILE. 

8 (a) SENSE OF CONGRESS.—It is the sense of Con9 gress that—

10 (1) consistent with Condition 9 of the Resolu11 tion of Advice and Consent to Ratification of the 

12 New START Treaty of the Senate, agreed to on De13 cember 22, 2010, the United States is committed to 

14 ensuring the safety, security, reliability, and credi15 bility of its nuclear forces; and 

16 (2) the United States is committed to—

17 (A) proceeding with a robust stockpile 

18 stewardship program and maintaining and mod19 ernizing nuclear weapons production capabilities 

20 and capacities of the United States to ensure 

21 the safety, security, reliability, and credibility of 

22 the nuclear arsenal of the United States at the 

23 New START Treaty levels and meeting require24 ments for hedging against possible international 

25 developments or technical problems; 


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1 (B) reinvigorating and sustaining the nu2 clear security laboratories of the United States 

3 and preserving the core nuclear weapons com4 petencies therein; and 

5 (C) providing the resources needed to 

6 achieve these objectives, using as a starting 

7 point the levels set forth in the President’s 10-

8 year plan provided to Congress in November 

9 2010 pursuant to section 1251 of the National 

10 Defense Authorization Act for Fiscal Year 2010 

11 (Public Law 111–84; 123 Stat. 2549). 

12 (b) INSUFFICIENT FUNDING REPORT.—

13 (1) IN GENERAL.—Section 1045 of the Na14 tional Defense Authorization Act for Fiscal Year 

15 2012 (Public Law 112–81; 50 U.S.C. 2523b) is—

16 (A) transferred to chapter 24 of title 10, 

17 United States Code, as added by section 

18 1031(b); 

19 (B) inserted after section 493 of such title, 

20 as added to such chapter 24 by such section 

21 1031(b); 

22 (C) redesignated as section 494; and 

23 (D) amended by amending paragraph (2) 

24 of subsection (a) to read as follows: 

25 ‘‘(2) INSUFFICIENT FUNDING.—


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1 ‘‘(A) REPORT.—During each year in which 

2 the New START Treaty is in force, if the 

3 President determines that an appropriations 

4 Act is enacted that fails to meet the resource 

5 levels set forth in the November 2010 update to 

6 the plan referred to in section 1251 of the Na7 tional Defense Authorization Act for Fiscal 

8 Year 2010 (Public Law 111–84; 123 Stat. 

9 2549) or if at any time determines that more 

10 resources are required to carry out such plan 

11 than were estimated, the President shall trans12 mit to the appropriate congressional commit13 tees, within 60 days of making such a deter14 mination, a report detailing—

15 ‘‘(i) a plan to address the resource 

16 shortfall; 

17 ‘‘(ii) if more resources are required to 

18 carry out the plan than were estimated—

19 ‘‘(I) the proposed level of funding 

20 required; and 

21 ‘‘(II) an identification of the 

22 stockpile work, campaign, facility, 

23 site, asset, program, operation, activ24 ity, construction, or project for which 

25 additional funds are required; 


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1 ‘‘(iii) any effects caused by the short2 fall on the safety, security, reliability, or 

3 credibility of the nuclear forces of the 

4 United States; 

5 ‘‘(iv) whether and why, in light of the 

6 shortfall, remaining a party to the New 

7 START Treaty is still in the national in8 terest of the United States; and 

9 ‘‘(v) a detailed explanation of why the 

10 modernization timelines established in the 

11 2010 Nuclear Posture Review are no 

12 longer applicable. 

13 ‘‘(B) PRIOR NOTIFICATION.—If the Presi14 dent transmits a report under subparagraph 

15 (A), the President shall notify the appropriate 

16 congressional committees of any determination 

17 by the President to reduce the number of de18 ployed nuclear warheads of the United States 

19 by not later than 60 days before taking any ac20 tion to carry out such reduction. 

21 ‘‘(C) EXCEPTION.—The limitation in sub22 paragraph (B) shall not apply to—

23 ‘‘(i) reductions made to ensure the 

24 safety, security, reliability, and credibility 

25 of the nuclear weapons stockpile and straVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00726 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 tegic delivery systems, including activities 

2 related to surveillance, assessment, certifi3 cation, testing, and maintenance of nuclear 

4 warheads and strategic delivery systems; or 

5 ‘‘(ii) nuclear warheads that are retired 

6 or awaiting dismantlement on the date of 

7 the report under subparagraph (A). 

8 ‘‘(D) DEFINITIONS.—In this paragraph: 

9 ‘‘(i) The term ‘appropriate congres10 sional committees’ means—

11 ‘‘(I) the congressional defense 

12 committees; and 

13 ‘‘(II) the Committee on Foreign 

14 Relations of the Senate and the Com15 mittee on Foreign Affairs of the 

16 House of Representatives. 

17 ‘‘(ii) The term ‘New START Treaty’ 

18 means the Treaty between the United 

19 States of America and the Russian Federa20 tion on Measures for the Further Reduc21 tion and Limitation of Strategic Offensive 

22 Arms, signed on April 8, 2010, and en23 tered into force on February 5, 2011.’’. 

24 (2) CLERICAL AMENDMENTS.—


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1 (A) TABLE OF CONTENTS.—The table of 

2 sections at the beginning of chapter 24 of title 

3 10, United States Code, as added by section 

4 1031(b), is amended by inserting after the item 

5 relating to section 493 the following new item:

‘‘494. Nuclear force reductions.’’.

6 (B) SECTION HEADING TYPEFACE AND

7 TYPESTYLE.—Section 494 of title 10, United 

8 States Code, as added by paragraph (1), is 

9 amended—

10 (i) in the enumerator, by striking 

11 ‘‘SEC.’’ and inserting ‘‘§’’; and 

12 (ii) in the section heading—

13 (I) by striking the period at the 

14 end; and 

15 (II) by conforming the typeface 

16 and typestyle, including capitalization, 

17 to the typeface and typestyle as used 

18 in the section heading of section 491 

19 of such title. 

20 (4) EFFECTIVE DATE.—The amendment made 

21 by paragraph (1)(D) shall take effect on October 1, 

22 2012. 


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1 SEC. 1034. PREVENTION OF ASYMMETRY OF NUCLEAR 

2 WEAPON STOCKPILE REDUCTIONS. 

3 Section 494 of title 10, United States Code, as added 

4 by section 1033(b)(1), is amended by adding at the end 

5 the following new subsection: 

6 ‘‘(d) PREVENTION OF ASYMMETRY IN REDUC7 TIONS.—

8 ‘‘(1) CERTIFICATION.—During any year in 

9 which the President recommends to reduce the num10 ber of nuclear weapons in the active and inactive 

11 stockpiles of the United States by a number that is 

12 greater than a de minimis reduction, the President 

13 shall certify in writing to the congressional defense 

14 committees whether such reductions will cause the 

15 number of nuclear weapons in such stockpiles to be 

16 fewer than the high-confidence assessment of the in17 telligence community (as defined in section 3(4) of 

18 the National Security Act of 1947 (50 U.S.C. 

19 401a(4))) with respect to the number of nuclear 

20 weapons in the active and inactive stockpiles of the 

21 Russian Federation. 

22 ‘‘(2) NOTIFICATION.—If the President certifies 

23 under paragraph (1) that the recommended number 

24 of nuclear weapons in the active and inactive stock25 piles of the United States is fewer than the high26 confidence assessment of the intelligence community 


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1 with respect to the number of nuclear weapons in 

2 the active and inactive stockpiles of the Russian 

3 Federation, the President shall transmit to the con4 gressional defense committees a report by the Com5 mander of the United States Strategic Command, 

6 without change, detailing whether the recommended 

7 reduction would create a strategic imbalance or de8 grade deterrence and extended deterrence between 

9 the total number of nuclear weapons of the United 

10 States and the total number of nuclear weapons of 

11 the Russian Federation. The President shall trans12 mit such report by not later than 60 days before the 

13 date on which the President carries out any such 

14 recommended reductions. 

15 ‘‘(3) EXCEPTION.—The notification in para16 graph (2) shall not apply to—

17 ‘‘(A) reductions made to ensure the safety, 

18 security, reliability, and credibility of the nu19 clear weapons stockpile and strategic delivery 

20 systems, including activities related to surveil21 lance, assessment, certification, testing, and 

22 maintenance of nuclear warheads and strategic 

23 delivery systems; or 


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1 ‘‘(B) nuclear warheads that are retired or 

2 awaiting dismantlement on the date of the cer3 tification under paragraph (1). 

4 ‘‘(4) ADDITIONAL VIEWS.—On the date on 

5 which the President transmits to the congressional 

6 defense committees a report by the Commander of 

7 the United States Strategic Command under para8 graph (2), the President may transmit to such com9 mittees a report by the President with respect to 

10 whether the recommended reductions covered by the 

11 report of the Commander will impact the deterrence 

12 or extended deterrence capabilities of the United 

13 States.’’. 

14 SEC. 1035. STRATEGIC DELIVERY SYSTEMS. 

15 (a) IN GENERAL.—Chapter 24 of title 10, United 

16 States Code, as added by section 1031(b), is amended by 

17 inserting after section 494, as added by section 

18 1033(b)(1), the following new section: 

19 ‘‘§ 495. Strategic delivery systems 

20 ‘‘(a) ANNUAL CERTIFICATION.—Beginning in fiscal 

21 year 2013, the President shall annually certify in writing 

22 to the congressional defense committees whether plans to 

23 modernize or replace strategic delivery systems are fully 

24 funded at levels equal to or more than the levels set forth 

25 in the November 2010 update to the plan referred to in 


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1 section 1251 of the National Defense Authorization Act 

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

3 2549), including plans regarding—

4 ‘‘(1) a heavy bomber and air-launched cruise 

5 missile; 

6 ‘‘(2) an intercontinental ballistic missile; 

7 ‘‘(3) a submarine-launched ballistic missile; 

8 ‘‘(4) a ballistic missile submarine; and 

9 ‘‘(5) maintaining the nuclear command and 

10 control system (as first reported under section 1043 

11 of the National Defense Authorization Act for Fiscal 

12 Year 2012 (Public Law 112–81; 125 Stat. 1576)). 

13 ‘‘(b) ADDITIONAL REPORT MATTERS FOLLOWING

14 CERTAIN CERTIFICATIONS.—If in any year before fiscal 

15 year 2020 the President certifies under subsection (a) that 

16 plans to modernize or replace strategic delivery systems 

17 are not fully funded, the President shall include in the 

18 next annual report transmitted to Congress under section 

19 1043 of the National Defense Authorization Act for Fiscal 

20 Year 2012 the following: 

21 ‘‘(1) A determination of whether or not the lack 

22 of full funding will result in a loss of military capa23 bility when compared with the November 2010 up24 date to the plan referred to in section 1251 of the 


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1 National Defense Authorization Act for Fiscal Year 

2 2010. 

3 ‘‘(2) If the determination under paragraph (1) 

4 is that the lack of full funding will result in a loss 

5 of military capability—

6 ‘‘(A) a plan to preserve or retain the mili7 tary capability that would otherwise be lost; or 

8 ‘‘(B) a report setting forth—

9 ‘‘(i) an assessment of the impact of 

10 the lack of full funding on the strategic de11 livery systems specified in subsection (a); 

12 and 

13 ‘‘(ii) a description of the funding re14 quired to restore or maintain the capa15 bility. 

16 ‘‘(3) A certification by the President of whether 

17 or not the President is committed to accomplishing 

18 the modernization and replacement of strategic de19 livery systems and will meet the obligations con20 cerning nuclear modernization as set forth in dec21 laration 12 of the Resolution of Advice and Consent 

22 to Ratification of the New START Treaty. 

23 ‘‘(c) PRIOR NOTIFICATION.—Not later than 60 days 

24 before the date on which the President carries out any 


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1 reduction to the number of strategic delivery systems, the 

2 President shall—

3 ‘‘(1) make the certification under subsection (a) 

4 for the fiscal year for which the reductions are pro5 posed to be carried out; 

6 ‘‘(2) transmit the additional report matters 

7 under subsection (b) for such fiscal year, if such ad8 ditional report matters are so required; and 

9 ‘‘(3) certify to the congressional defense com10 mittees that the Russian Federation is in compliance 

11 with its arms control obligations with the United 

12 States and is not engaged in activity in violation of, 

13 or inconsistent with, such obligations. 

14 ‘‘(d) TREATMENT OF CERTAIN REDUCTIONS.—Any 

15 certification under subsection (a) shall not take into ac16 count the following: 

17 ‘‘(1) Reductions made to ensure the safety, se18 curity, reliability, and credibility of the nuclear 

19 weapons stockpile and strategic delivery systems, in20 cluding activities related to surveillance, assessment, 

21 certification, testing, and maintenance of nuclear 

22 warheads and delivery systems. 

23 ‘‘(2) Strategic delivery systems that are retired 

24 or awaiting dismantlement on the date of the certifi25 cation under subsection (a). 


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

2 ‘‘(1) The term ‘New START Treaty’ means the 

3 Treaty between the United States of America and 

4 the Russian Federation on Measures for the Further 

5 Reduction and Limitation of Strategic Offensive 

6 Arms, signed on April 8, 2010, and entered into 

7 force on February 5, 2011. 

8 ‘‘(2) The term ‘strategic delivery system’ means 

9 a delivery system for nuclear weapons.’’. 

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

11 at the beginning of chapter 24 of such title is amended 

12 by inserting after the item relating to section 494, as 

13 added by section 1033(b)(2), the following new item:

‘‘495. Strategic delivery systems.’’.

14 SEC. 1036. CONSIDERATION OF EXPANSION OF NUCLEAR 

15 FORCES OF OTHER COUNTRIES. 

16 (a) IN GENERAL.—Chapter 24 of title 10, United 

17 States Code, as added by section 1031(b), is amended by 

18 inserting after section 495, as added by section 1035(a), 

19 the following new section: 

20 ‘‘§ 496. Consideration of expansion of nuclear forces 

21 of other countries 

22 ‘‘(a) REPORT AND CERTIFICATION.—Not later than 

23 60 days before the President recommends any reductions 

24 to the nuclear forces of the United States—


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1 ‘‘(1) the President shall transmit to the appro2 priate congressional committees a report detailing, 

3 for each country with nuclear weapons, the high-, 

4 medium-, and low- confidence assessment of the in5 telligence community (as defined in section 3(4) of 

6 the National Security Act of 1947 (50 U.S.C. 

7 401a(4))) with respect to—

8 ‘‘(A) the number of each type of nuclear 

9 weapons possessed by such country; 

10 ‘‘(B) the modernization plans for such 

11 weapons of such country; 

12 ‘‘(C) the production capacity of nuclear 

13 warheads and strategic delivery systems (as de14 fined in section 495(e)(2) of this title) of such 

15 country; 

16 ‘‘(D) the nuclear doctrine of such country; 

17 and 

18 ‘‘(E) the impact of such recommended re19 ductions on the deterrence and extended deter20 rence capabilities of the United States; and 

21 ‘‘(2) the Commander of the United States Stra22 tegic Command shall certify to the appropriate con23 gressional committees whether such recommended 

24 reductions in the nuclear forces of the United States 

25 will—


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1 ‘‘(A) impair the ability of the United 

2 States to address—

3 ‘‘(i) unplanned strategic or geo4 political events; or 

5 ‘‘(ii) technical challenge; or 

6 ‘‘(B) degrade the deterrence or assurance 

7 provided by the United States to friends and al8 lies of the United States. 

9 ‘‘(b) FORM.—The reports required by subsection 

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

11 include a classified annex. 

12 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES

13 DEFINED.—In this section, the term ‘appropriate congres14 sional committees’ means the following: 

15 ‘‘(1) The congressional defense committees. 

16 ‘‘(2) The Committee on Foreign Affairs of the 

17 House of Representatives and the Committee on 

18 Foreign Relations of the Senate.’’. 

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

20 at the beginning of such chapter is amended by inserting 

21 after the item relating to section 495, as added by section 

22 1035(b), the following new item:

‘‘496. Consideration of expansion of nuclear forces of other countries.’’.


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1 SEC. 1037. NONSTRATEGIC NUCLEAR WEAPON REDUC2 TIONS AND EXTENDED DETERRENCE POLICY. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that—

5 (1) the United States should pursue negotia6 tions with the Russian Federation aimed at the re7 duction of Russian deployed and nondeployed non8 strategic nuclear forces; 

9 (2) nonstrategic nuclear weapons should be con10 sidered when weighing the balance of the nuclear 

11 forces of the United States and the Russian Federa12 tion; 

13 (3) any geographical relocation or storage of 

14 nonstrategic nuclear weapons by the Russian Fed15 eration does not constitute a reduction or elimi16 nation of such weapons; 

17 (4) the vast advantage of the Russian Federa18 tion in nonstrategic nuclear weapons constitutes a 

19 threat to the United States and its allies and a 

20 growing asymmetry in Western Europe; 

21 (5) the forward-deployed nuclear forces of the 

22 United States are an important contributor to the 

23 assurance of the allies of the United States and con24 stitute a check on proliferation and a tool in dealing 

25 with neighboring states hostile to the North Atlantic 

26 Treaty Organization (‘‘NATO’’); 


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1 (6) the United States should maintain its com2 mitment to extended deterrence, specifically the nu3 clear alliance of NATO, as an important component 

4 of ensuring and linking the national security inter5 ests of the United States and the security of its Eu6 ropean allies; 

7 (7) forward-deployed nuclear forces of the 

8 United States shall remain based in Europe in sup9 port of the nuclear policy and posture of NATO sub10 ject to the policy and requirements of NATO; 

11 (8) the presence of nuclear weapons of the 

12 United States in Europe—combined with NATO’s 

13 unique nuclear sharing arrangements under which 

14 non-nuclear members participate in nuclear planning 

15 and possess specially configured aircraft capable of 

16 delivering nuclear weapons—provides reassurance to 

17 allies and partners who feel exposed to regional 

18 threats; and 

19 (9) only the President and Congress have the 

20 legal authority over the nuclear forces of the United 

21 States and no multilateral organization, not even 

22 NATO, can articulate a declaratory policy con23 cerning the use of nuclear weapons that binds the 

24 United States. 

25 (b) NOTIFICATION.—


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1 (1) IN GENERAL.—Chapter 24 of title 10, 

2 United States Code, as added by section 1031(b), is 

3 amended by inserting after section 496, as added by 

4 section 1036(a), the following new section: 

5 ‘‘§ 497. Notification required for reduction, consolida6 tion, or withdrawal of nuclear forces 

7 based in Europe 

8 ‘‘(a) NOTIFICATION.—Upon any decision to reduce, 

9 consolidate, or withdraw the nuclear forces of the United 

10 States that are based in Europe, the President shall trans11 mit to the appropriate congressional committees a notifi12 cation containing—

13 ‘‘(1) justification for such reduction, consolida14 tion, or withdrawal; and 

15 ‘‘(2) an assessment of how member states of 

16 the North Atlantic Treaty Organization, in light of 

17 such reduction, consolidation, or withdrawal, assess 

18 the credibility of the deterrence capability of the 

19 United States in support of its commitments under20 taken pursuant to article 5 of the North Atlantic 

21 Treaty, signed at Washington, District of Columbia, 

22 on April 4, 1949, and entered into force on August 

23 24, 1949 (63 Stat. 2241; TIAS 1964). 

24 ‘‘(b) PRIOR NOTIFICATION REQUIRED.—


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1 ‘‘(1) IN GENERAL.—The President shall trans2 mit the notification required by subsection (a) by 

3 not later than 60 days before the date on which the 

4 President commences a reduction, consolidation, or 

5 withdrawal of the nuclear forces of the United 

6 States that are based in Europe described in such 

7 notification. 

8 ‘‘(2) EXCEPTION.—The limitation in paragraph 

9 (1) shall not apply to a reduction, consolidation, or 

10 withdrawal of nuclear weapons of the United States 

11 that are based in Europe made to ensure the safety, 

12 security, reliability, and credibility of such weapons. 

13 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES

14 DEFINED.—In this section, the term ‘appropriate congres15 sional committees’ means—

16 ‘‘(1) the Committees on Armed Services of the 

17 House of Representatives and the Senate; and 

18 ‘‘(2) the Committee on Foreign Affairs of the 

19 House of Representatives and the Committee on 

20 Foreign Relations of the Senate.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of such chapter is amended 

23 by inserting after the item relating section 496, as 

24 added by section 1036(b), the following new item:

‘‘497. Notification required for reduction, consolidation, or withdrawal of nuclear 

forces based in Europe.’’.


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1 SEC. 1038. UNILATERAL CHANGE IN NUCLEAR WEAPONS 

2 STOCKPILE OF THE UNITED STATES. 

3 (a) IN GENERAL.—Chapter 24 of title 10, United 

4 States Code, as added by section 1031(b), is amended by 

5 inserting after section 497, as added by section 

6 1037(b)(1), the following new section: 

7 ‘‘§ 498 Unilateral change in nuclear weapons stock8 pile of the United States 

9 ‘‘(a) IN GENERAL.—Other than pursuant to a treaty, 

10 if the President has under consideration to unilaterally 

11 change the size of the total stockpile of nuclear weapons 

12 of the United States by more than 25 percent, prior to 

13 doing so the President shall initiate a Nuclear Posture Re14 view. 

15 ‘‘(b) TERMS OF REFERENCE.—Prior to the initiation 

16 of a Nuclear Posture Review under this section, the Presi17 dent shall determine the terms of reference for the Nu18 clear Posture Review, which the President shall provide 

19 to the congressional defense committees. 

20 ‘‘(c) NUCLEAR POSTURE REVIEW.—Upon completion 

21 of a Nuclear Posture Review under this section, the Presi22 dent shall submit the Nuclear Posture Review to the con23 gressional defense committees prior to implementing any 

24 change in the nuclear weapons stockpile by more than 25 

25 percent. 


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1 ‘‘(d) CONSTRUCTION.—This section shall not apply to 

2 changes to the nuclear weapons stockpile resulting from 

3 treaty obligations. 

4 ‘‘(e) FORM.—A Nuclear Posture Review under this 

5 section shall be submitted in unclassified form, but may 

6 include a classified annex.’’. 

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

8 at the beginning of such chapter is amended by inserting 

9 after the item relating section 497, as added by section 

10 1037(b)(2), the following new item:

‘‘498. Unilateral change in nuclear weapons stockpile of the United States.’’.

11 SEC. 1039. EXPANSION OF DUTIES AND RESPONSIBILITIES 

12 OF THE NUCLEAR WEAPONS COUNCIL. 

13 (a) GUIDANCE ON NUCLEAR COMMAND, CONTROL, 

14 AND COMMUNICATIONS SYSTEMS.—Section 179(d) of title 

15 10, United States Code, is amended—

16 (1) in paragraph (2), by inserting ‘‘and alter17 natives’’ before the period; 

18 (2) in paragraph (3), by inserting ‘‘and approv19 ing’’ after ‘‘Coordinating’’; 

20 (3) in paragraph (7)—

21 (A) by striking ‘‘broad’’ and inserting 

22 ‘‘specific’’; and 

23 (B) by inserting before the period at the 

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1 search, construction, and any other programs 

2 within the National Nuclear Security Adminis3 tration’’; 

4 (4) by redesignating paragraph (10) as para5 graph (12); and 

6 (5) by inserting after paragraph (9) the fol7 lowing new paragraph (10): 

8 ‘‘(10) Coordinating and providing guidance and 

9 oversight on nuclear command, control, and commu10 nications systems.’’. 

11 (b) BUDGET AND FUNDING MATTERS.—Section 179 

12 of such title is further amended—

13 (1) in subsection (d), as amended by subsection 

14 (a), by inserting after paragraph (10) the following 

15 new paragraph (11): 

16 ‘‘(11) Coordinating and approving the annual 

17 budget proposals of the National Nuclear Security 

18 Administration.’’; 

19 (2) by redesignating subsection (f) as sub20 section (g); and 

21 (3) by inserting after subsection (e) the fol22 lowing new subsection (f): 

23 ‘‘(f) BUDGET AND FUNDING MATTERS.—(1) The 

24 Council shall submit to Congress each year, at the same 

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1 ning in such year is submitted to Congress pursuant to 

2 section 1105(a) of title 31, a certification whether or not 

3 the amounts requested for the National Nuclear Security 

4 Administration in such budget, and anticipated over the 

5 four fiscal years following such budget, meets nuclear 

6 stockpile and stockpile stewardship program requirements 

7 for such fiscal year and over such four fiscal years. If a 

8 member of the Council does not concur in a certification, 

9 the certification shall include the reasons for the member’s 

10 non-concurrence. 

11 ‘‘(2) If a House of Congress adopts a bill authorizing 

12 or appropriating funds for the National Nuclear Security 

13 Administration for nuclear stockpile and stockpile stew14 ardship program activities or other activities that, as de15 termined by the Council, provides insufficient funds for 

16 such activities for the period covered by such bill, the 

17 Council shall notify the congressional defense committees 

18 of the determination.’’. 

19 (c) AGENDA OF MEETINGS.—Section 179(b)(3) of 

20 such title is amended by adding at the end the following: 

21 ‘‘To the extent possible, not later than seven days before 

22 a meeting, the Chairman shall disseminate to each mem23 ber of the Council the agenda and documents for such 

24 meeting.’’. 


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1 SEC. 1040. INTERAGENCY COUNCIL ON THE STRATEGIC CA2 PABILITY OF THE NATIONAL LABORATORIES. 

3 (a) ESTABLISHMENT.—Chapter 7 of title 10, United 

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

6 ‘‘§ 188. Interagency Council on the Strategic Capa7 bility of the National Laboratories 

8 ‘‘(a) ESTABLISHMENT.—There is an Interagency 

9 Council on the Strategic Capability of the National Lab10 oratories (in this section referred to as the ‘Council’). 

11 ‘‘(b) MEMBERSHIP.—The membership of the Council 

12 is comprised of the following: 

13 ‘‘(1) The Secretary of Defense. 

14 ‘‘(2) The Secretary of Energy. 

15 ‘‘(3) The Secretary of Homeland Security. 

16 ‘‘(4) The Director of National Intelligence. 

17 ‘‘(5) The Administrator for Nuclear Security. 

18 ‘‘(6) Such other officials as the President con19 siders appropriate. 

20 ‘‘(c) STRUCTURE AND PROCEDURES.—The President 

21 may determine the chair, structure, staff, and procedures 

22 of the Council. 

23 ‘‘(d) RESPONSIBILITIES.—The Council shall be re24 sponsible for the following matters: 

25 ‘‘(1) Identifying and considering the science, 

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1 tional laboratories that could be leveraged by each 

2 participating agency to support national security 

3 missions. 

4 ‘‘(2) Reviewing and assessing the adequacy of 

5 the national security science, technology, and engi6 neering capabilities of the national laboratories for 

7 supporting national security missions throughout the 

8 Federal Government. 

9 ‘‘(3) Establishing and overseeing means of en10 suring that—

11 ‘‘(A) capabilities identified by the Council 

12 under paragraph (1) are sustained to an appro13 priate level; and 

14 ‘‘(B) each participating agency provides 

15 the appropriate level of institutional support to 

16 sustain such capabilities. 

17 ‘‘(4) In accordance with acquisition rules re18 garding federally funded research and development 

19 centers, establishing criteria for when each partici20 pating agency should seek to use the services of the 

21 national laboratories, including the identification of 

22 appropriate mission areas and capabilities. 

23 ‘‘(5) Making recommendations to the President 

24 and Congress regarding regulatory or statutory 

25 changes needed to better support—


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1 ‘‘(A) the strategic capabilities of the na2 tional laboratories; and 

3 ‘‘(B) the use of such laboratories by each 

4 participating agency. 

5 ‘‘(6) Other actions the Council considers appro6 priate with respect to—

7 ‘‘(A) the sustainment of the national lab8 oratories; and 

9 ‘‘(B) the use of the strategic capabilities of 

10 such laboratories. 

11 ‘‘(e) STREAMLINED PROCESS.—With respect to the 

12 participating agency for which a member of the Council 

13 is the head of, each member of the Council shall—

14 ‘‘(1) establish processes to streamline the con15 sideration and approval of procuring the services of 

16 the national laboratories on appropriate matters; 

17 and 

18 ‘‘(2) ensure that such processes are used in ac19 cordance with the criteria established under sub20 section (d)(4). 

21 ‘‘(f) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘participating agency’ means a 

23 department or agency of the Federal Government 

24 that is represented on the Council by a member 

25 under subsection (b). 


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1 ‘‘(2) The term ‘national laboratories’ means—

2 ‘‘(A) each national security laboratory (as 

3 defined in section 3281(1) of the National Nu4 clear Security Administration Act (50 U.S.C. 

5 2471(1))); and 

6 ‘‘(B) each national laboratory of the De7 partment of Energy.’’. 

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

9 at the beginning of such chapter is amended by adding 

10 after the item relating to section 187 the following new 

11 item:

‘‘188. Interagency Council on the Strategic Capability of the National Laboratories.’’.

12 (c) REPORT.—

13 (1) IN GENERAL.—Not later than September 

14 30, 2013, the Interagency Council on the Strategic 

15 Capability of the National Laboratories established 

16 under section 188 of title 10, United States Code, 

17 as added by subsection (a), shall submit to the ap18 propriate congressional committees a report describ19 ing and assessing the following: 

20 (A) The actions taken to implement the re21 quirements of such section 188 and the charter 

22 titled ‘‘Governance Charter for an Interagency 

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1 sets’’ signed by the Secretary of Defense, the 

2 Secretary of Energy, the Secretary of Home3 land Security, and the Director of National In4 telligence in July 2010. 

5 (B) The effectiveness of the Council in ac6 complishing the purpose and objectives of such 

7 section and such Charter. 

8 (C) Efforts to strengthen work-for-others 

9 programs at the national laboratories. 

10 (D) Efforts to make work-for-others oppor11 tunities at the national laboratories more cost12 effective. 

13 (E) Ongoing and planned measures for in14 creasing cost-sharing and institutional support 

15 investments at the national laboratories from 

16 other agencies. 

17 (F) Any regulatory or statutory changes 

18 recommended to improve the ability of such 

19 other agencies to leverage expertise and capa20 bilities at the national laboratories. 

21 (G) The strategic capabilities and core 

22 competencies of laboratories and engineering 

23 centers operated by the Department of Defense, 

24 including identification of mission areas and 


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1 functions that should be carried out by such 

2 laboratories and engineering centers. 

3 (H) Consistent with the protection of 

4 sources and methods, the level of funding and 

5 general description of programs that were fund6 ed during fiscal year 2012 by—

7 (i) the Department of Defense and 

8 carried out at the national laboratories; 

9 and 

10 (ii) the Department of Energy and 

11 the national laboratories and carried out at 

12 the laboratories and engineering centers of 

13 the Department of Defense. 

14 (2) FORM.—The report required by paragraph 

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

16 include a classified annex. 

17 (3) APPROPRIATE CONGRESSIONAL COMMIT18 TEES DEFINED.—In this subsection, the term ‘‘ap19 propriate congressional committees’’ means the fol20 lowing: 

21 (A) The congressional defense committees. 

22 (B) The Committee on Energy and Com23 merce of the House of Representatives and the 

24 Committee on Energy and Natural Resources of 

25 the Senate. 


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1 (C) The Committee on Homeland Security 

2 of the House of Representatives and the Com3 mittee on Homeland Security and Govern4 mental Affairs of the Senate. 

5 (D) The Committee on Science, Space, and 

6 Technology of the House of Representatives 

7 and the Committee on Commerce, Science, and 

8 Transportation of the Senate. 

9 (E) The Permanent Select Committee on 

10 Intelligence of the House of Representatives 

11 and the Select Committee on Intelligence of the 

12 Senate. 

13 (d) CONSTRUCTION.—Nothing in section 188 of title 

14 10, United States Code, as added by subsection (a), shall 

15 be construed to limit section 309 of the Homeland Secu16 rity Act of 2002 (6 U.S.C. 189). 

17 SEC. 1041. COST ESTIMATES FOR NUCLEAR WEAPONS. 

18 (a) BUDGET REQUIREMENTS.—Section 1043 of the 

19 National Defense Authorization Act for Fiscal Year 2012 

20 (Public Law 112–81; 125 Stat. 1576) is amended—

21 (1) in subsection (a)—

22 (A) in paragraph (2), by amending sub23 paragraph (F) to read as follows: 

24 ‘‘(F) In accordance with paragraph (3), a 

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1 sociated with sustaining and modernizing the 

2 nuclear deterrent of the United States and the 

3 nuclear weapons stockpile of the United States, 

4 including the costs associated with the plans 

5 outlined under subparagraphs (A) through (E), 

6 over the 10-year period following the date of 

7 the report, including the applicable and appro8 priate costs associated with the procurement, 

9 military construction, operation and mainte10 nance, and research, development, test, and 

11 evaluation accounts of the Department of De12 fense.’’; and 

13 (B) by adding at the end the following new 

14 paragraph: 

15 ‘‘(3) BUDGET ESTIMATE CONTENTS AND METH16 ODOLOGY.—Each budget estimate under paragraph 

17 (2)(F) shall include a detailed description of the 

18 costs included in such estimate and the methodology 

19 used to create such estimate.’’; and 

20 (2) by adding at the end the following new sub21 section: 

22 ‘‘(c) COMPTROLLER GENERAL REVIEW.—The Comp23 troller General of the United States shall—

24 ‘‘(1) review each report under subsection (a) for 

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1 ters described in paragraphs (2)(F) and (3) of such 

2 subsection; and 

3 ‘‘(2) not later than 180 days after the date on 

4 which such report under subsection (a) is submitted, 

5 submit to the congressional defense committees a 

6 summary of each such review.’’. 

7 (b) CBO ESTIMATE OF COSTS.—Not later than one 

8 year after the date of the enactment of this Act, the Direc9 tor of the Congressional Budget Office shall submit to the 

10 congressional defense committees a report setting forth 

11 the following: 

12 (1) An estimate of the costs over the 10-year 

13 period beginning on the date of the report associated 

14 with fielding and maintaining the current nuclear 

15 weapons and nuclear weapon delivery systems of the 

16 United States. 

17 (2) An estimate of the costs over the 10-year 

18 period beginning on the date of the report of any life 

19 extension, modernization, or replacement of any cur20 rent nuclear weapons or nuclear weapon delivery sys21 tems of the United States that is anticipated as of 

22 the date of the report. 


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1 SEC. 1042. PRIOR NOTIFICATION WITH REGARD TO RETIRE2 MENT OF STRATEGIC DELIVERY SYSTEMS. 

3 (a) PRIOR NOTIFICATION.—The President shall en4 sure that the Secretary of Defense submits to Congress 

5 the plan required by section 1042(a) of the National De6 fense Authorization Act of Fiscal Year 2012 (Public Law 

7 112–81; 125 Stat. 1575) by not later than 60 days before 

8 the date on which the President carries out any reduction, 

9 conversion, or decommissioning of any strategic delivery 

10 system pursuant to the levels set forth for such systems 

11 under the New START Treaty. 

12 (b) DEFINITIONS.—In this section: 

13 (1) The term ‘‘New START Treaty’’ means the 

14 Treaty between the United States of America and 

15 the Russian Federation on Measures for the Further 

16 Reduction and Limitation of Strategic Offensive 

17 Arms, signed on April 8, 2010, and entered into 

18 force on February 5, 2011. 

19 (2) The term ‘‘strategic delivery system’’ means 

20 the following delivery platforms for nuclear weapons: 

21 (A) Land-based intercontinental ballistic 

22 missiles. 

23 (B) Submarine-launched ballistic missiles 

24 and associated ballistic missile submarines. 

25 (C) Nuclear-certified strategic bombers. 

26 (D) Nuclear-capable cruise missiles. 


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1 SEC. 1043. REPORT ON NUCLEAR WARHEADS ON INTER2 CONTINENTAL BALLISTIC MISSILES OF THE 

3 UNITED STATES. 

4 Not later than 60 days after the date of the enact5 ment of this Act, the Secretary of Defense shall submit 

6 to the congressional defense committees a report on the 

7 requirements necessary to ensure that the United States 

8 retains the ability (and all of the related capabilities) to 

9 upload an intercontinental ballistic missile with multiple 

10 nuclear warheads in the event that operational require11 ments, technical failures, or other decisions require such 

12 an ability. 

13 SEC. 1044. REQUIREMENTS FOR COMBINED OR INTEROPER14 ABLE WARHEAD FOR CERTAIN MISSILE SYS15 TEMS. 

16 (a) NAVY AND AIR FORCE STATEMENTS.—Not later 

17 than 75 days after the date of the enactment of this Act, 

18 the Secretary of the Navy and the Secretary of the Air 

19 Force shall each submit separate statements to the Nu20 clear Weapons Council established by section 179 of title 

21 10, United States Code, on—

22 (1) plans related to a combined or interoperable 

23 warhead for the W78 Minuteman III missile system 

24 and the W88 Trident II D5 missile system; and 

25 (2) the views of the Secretary with respect to 

26 such combined or interoperable warhead. 


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1 (b) REPORT BY NUCLEAR WEAPONS COUNCIL.—

2 (1) IN GENERAL.—Not later than 120 days 

3 after the date of the enactment of this Act, the Nu4 clear Weapons Council shall submit to the congres5 sional defense committees a report setting forth the 

6 requirements for a combined or interoperable war7 head for the W78 Minuteman III missile system and 

8 the W88 Trident II D5 missile system. 

9 (2) MATTERS INCLUDED.—The report under 

10 paragraph (1) shall include—

11 (A) the views of the Council with respect 

12 to the combined or interoperable warhead; and 

13 (B) the unaltered statements of the Sec14 retary of the Navy and the Secretary of the Air 

15 Force submitted to the Council under sub16 section (a). 

17 SEC. 1045. REPORTS ON CAPABILITY OF CONVENTIONAL 

18 AND NUCLEAR FORCES AGAINST CERTAIN 

19 TUNNEL SITES AND ON NUCLEAR WEAPONS 

20 PROGRAM OF THE PEOPLE’S REPUBLIC OF 

21 CHINA. 

22 (a) REPORT ON CAPABILITY OF U.S. CONVENTIONAL

23 AND NUCLEAR FORCES AGAINST CERTAIN TUNNEL

24 SITES.—


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1 (1) REPORT.—Not later than one year after the 

2 date of the enactment of this Act, the Commander 

3 of the United States Strategic Command shall sub4 mit to the appropriate congressional committees a 

5 report on the underground tunnel network used by 

6 the People’s Republic of China with respect to the 

7 capability of the United States to use conventional 

8 and nuclear forces to neutralize such tunnels and 

9 what is stored within such tunnels. 

10 (2) FORM.—The report under paragraph (1) 

11 shall be submitted in unclassified form, but may in12 clude a classified annex. 

13 (b) ASSESSMENT OF NUCLEAR WEAPONS PRO14 GRAM.—

15 (1) IN GENERAL.—The Secretary of Defense 

16 shall enter into an agreement with a federally fund17 ed research and development center to conduct an 

18 assessment of the nuclear weapons program of the 

19 People’s Republic of China. 

20 (2) PANEL.—To conduct the assessment under 

21 paragraph (1), the federally funded research and de22 velopment center shall convene a panel consisting of 

23 individuals who—

24 (A) are nuclear weapons or military ex25 perts; 


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1 (B) have significant experience and subject 

2 matter expertise based on the service of the in3 dividual in the Federal Government or the nu4 clear weapons laboratories; and 

5 (C) possess (or have recently possessed) 

6 the appropriate security clearance required to 

7 access relevant classified information of the in8 telligence community and the Department of 

9 Energy. 

10 (3) MATTERS INCLUDED.—The assessment 

11 under paragraph (1) shall include the following: 

12 (A) An assessment of the nuclear deter13 rence strategy of China, including a historical 

14 perspective and the assessed geopolitical drivers 

15 of such strategy. 

16 (B) A detailed description of the nuclear 

17 arsenal of China, including—

18 (i) the capabilities of such arsenal; 

19 (ii) the number of nuclear weapons in 

20 such arsenal capable of being delivered at 

21 intercontinental range; and 

22 (iii) any associated doctrines (includ23 ing targeting doctrines) relating to such 

24 arsenal. 


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1 (C) A comparison of the nuclear forces of 

2 the United States with the nuclear forces of 

3 China, including with respect to nuclear forces 

4 that are deployed, in reserve, or awaiting dis5 mantlement. 

6 (D) Projections of the possible future nu7 clear arsenals of China, including the capabili8 ties and associated doctrines of such arsenals. 

9 (E) A description of command and control 

10 functions and gaps. 

11 (F) An assessment of the fissile material 

12 stockpile of China and the civil and military 

13 production capabilities and capacities. 

14 (G) An assessment of the production ca15 pacities of China for nuclear weapons and nu16 clear weapon delivery vehicles. 

17 (H) A discussion of any significant uncer18 tainties surrounding the nuclear weapons pro19 gram of China, including—

20 (i) identification of the knowledge 

21 gaps regarding such nuclear weapons pro22 gram; and 

23 (ii) a discussion of the implications of 

24 any such gaps for the security of the 


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1 United States and the allies of the United 

2 States. 

3 (I) Any recommendations to improve the 

4 understanding of the United States with respect 

5 to the nuclear weapons program of China. 

6 (4) REPORT.—Not later than August 15, 2013, 

7 the federally funded research and development cen8 ter shall submit to the appropriate congressional 

9 committees a report on the assessment conducted 

10 under paragraph (1). 

11 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE12 FINED.—In this section, the term ‘‘appropriate congres13 sional committees’’ means the following: 

14 (1) The congressional defense committees. 

15 (2) The Committee on Foreign Affairs of the 

16 House of Representatives and the Committee on 

17 Foreign Relations of the Senate. 

18 SEC. 1046. REPORT ON CONVENTIONAL AND NUCLEAR 

19 FORCES IN THE WESTERN PACIFIC REGION. 

20 Not later than 180 days after the date of the enact21 ment of this Act, the Secretary of Defense, in consultation 

22 with the Secretary of State, shall submit to the congres23 sional defense committees a report on the feasibility and 

24 strategic value of deploying additional conventional and 

25 nuclear forces to the Western Pacific region to ensure the 


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1 presence of a robust conventional and nuclear capability, 

2 including a forward-deployed nuclear capability, of the 

3 United States in response to the ballistic missile and nu4 clear weapons developments of North Korea and the other 

5 belligerent actions North Korea has made against allies 

6 of the United States. The report shall include an evalua7 tion of any bilateral agreements, basing arrangements, 

8 and costs that would be involved with such additional de9 ployments. 

10 Subtitle F—Miscellaneous 

11 Authorities and Limitations 

12 SEC. 1051. EXPANSION OF AUTHORITY OF THE SECRETARY 

13 OF THE ARMY TO LOAN OR DONATE EXCESS 

14 NON-AUTOMATIC SERVICE RIFLES FOR FU15 NERAL AND OTHER CEREMONIAL PURPOSES. 

16 (a) IN GENERAL.—Section 4683 of title 10, United 

17 States Code, is amended—

18 (1) in subsection (a), by adding at the end the 

19 following new paragraph: 

20 ‘‘(3)(A) In order to meet the needs of an eligible or21 ganization with respect to performing funeral and other 

22 ceremonies, if the Secretary determines appropriate, the 

23 Secretary may—

24 ‘‘(i) loan or donate excess non-automatic service rifles 

25 to an eligible organization; or 


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1 ‘‘(ii) authorize an eligible organization to retain non2 automatic service rifles other than M–1 rifles. 

3 ‘‘(B) Nothing in this paragraph shall be construed 

4 to supersede any Federal law or regulation governing the 

5 use or ownership of firearms.’’; and 

6 (2) by striking the section heading and insert7 ing the following: 

8 ‘‘§ 4683. Excess non-automatic service rifles: loan or 

9 donation for funeral and other ceremo10 nial purposes’’. 

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

12 at the beginning of chapter 443 of such title is amended 

13 by striking the item relating to section 4683 and inserting 

14 the following new item:

‘‘4683. Excess non-automatic service rifles: loan or donation for funeral and 

other ceremonial purposes.’’.

15 SEC. 1052. INTERAGENCY COLLABORATION ON UNMANNED 

16 AIRCRAFT SYSTEMS. 

17 (a) FINDINGS ON JOINT DEPARTMENT OF DEFENSE

18 FEDERAL AVIATION ADMINISTRATION EXECUTIVE COM19 MITTEE ON CONFLICT AND DISPUTE RESOLUTION.—Sec20 tion 1036(a) of the Duncan Hunter National Defense Au21 thorization Act for Fiscal Year 2009 (Public Law 110–

22 417; 122 Stat. 4596) is amended by adding at the end 

23 the following new paragraph: 


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1 ‘‘(9) Collaboration of scientific and technical 

2 personnel and sharing of technical information, test 

3 results, and resources where available from the De4 partment of Defense, the Federal Aviation Adminis5 tration, and the National Aeronautics and Space Ad6 ministration can advance an enduring relationship of 

7 research capability to advance the access of un8 manned aircraft systems of the Department of De9 fense, the National Aeronautics and Space Adminis10 tration and other public agencies to the National 

11 Airspace System.’’. 

12 (b) INTERAGENCY COLLABORATION.—

13 (1) IN GENERAL.—The Secretary of Defense 

14 shall collaborate with the Administrator of the Fed15 eral Aviation Administration and the Administrator 

16 of the National Aeronautics and Space Administra17 tion to conduct research and seek solutions to chal18 lenges associated with the safe integration of un19 manned aircraft systems into the National Airspace 

20 System in accordance with subtitle B of title III of 

21 the FAA Modernization and Reform Act of 2012 

22 (Public Law 112–95; 126 Stat. 72). 

23 (2) ACTIVITIES IN SUPPORT OF PLAN ON AC24 CESS TO NATIONAL AIRSPACE FOR UNMANNED AIR25 CRAFT SYSTEMS.—Collaboration under paragraph 


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1 (1) may include research and development of sci2 entific and technical issues, equipment, and tech3 nology in support of the plan to safely accelerate the 

4 integration of unmanned aircraft systems as re5 quired by subtitle B of title III of the FAA Mod6 ernization and Reform Act of 2012. 

7 (3) NONDUPLICATIVE EFFORTS.—If the Sec8 retary of Defense determines it is in the interest of 

9 the Department of Defense, the Secretary may use 

10 existing aerospace-related laboratories, personnel, 

11 equipment, research radars, and ground facilities of 

12 the Department of Defense to avoid duplication of 

13 efforts in carrying out collaboration under para14 graph (1). 

15 (4) REPORTS.—

16 (A) REQUIREMENT.—The Secretary of De17 fense, on behalf of the UAS Executive Com18 mittee, shall annually submit to the congres19 sional defense committees, the Committee on 

20 Transportation and Infrastructure, and the 

21 Committee on Science, Space, and Technology 

22 of the House of Representatives, and the Com23 mittee on Commerce, Science, and Transpor24 tation of the Senate a report on the progress of 


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1 research activity of the Department of Defense, 

2 including—

3 (i) progress in accomplishing the goals 

4 of the unmanned aircraft systems research, 

5 development, and demonstration as related 

6 to the Department of Defense Final Re7 port to Congress on Access to National 

8 Airspace for Unmanned Aircraft Systems 

9 of October 2010, and any ongoing and col10 laborative research and development pro11 grams with the Federal Aviation Adminis12 tration and the National Aeronautics and 

13 Space Administration; 

14 (ii) estimates of long-term funding 

15 needs and details of funds expended and 

16 allocated in the budget requests of the 

17 President that support integration into the 

18 National Airspace; and 

19 (iii) progress in sharing with the Fed20 eral Aviation Administration safety oper21 ational and performance data as it relates 

22 to unmanned aircraft system operation and 

23 the impact on the National Airspace Sys24 tem. 


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1 (B) TERMINATION.—The requirement to 

2 submit a report under subparagraph (A) shall 

3 terminate on the date that is 5 years after the 

4 date of the enactment of this Act. 

5 (c) UAS EXECUTIVE COMMITTEE DEFINED.—In this 

6 section, the term ‘‘UAS Executive Committee’’ means the 

7 National Aeronautics and Space and Administration and 

8 the Department of Defense–Federal Aviation Administra9 tion executive committee described in section 1036(b) of 

10 the Duncan Hunter National Defense Authorization Act 

11 for Fiscal Year 2009 and established by the Secretary of 

12 Defense and the Administrator of the Federal Aviation 

13 Administration. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 hereby authorized to be appropriated such sums as may 

16 be necessary to carry out this section. 

17 SEC. 1053. AUTHORITY TO TRANSFER SURPLUS MINE-RE18 SISTANT AMBUSH-PROTECTED VEHICLES 

19 AND SPARE PARTS. 

20 (a) AUTHORITY.—The Secretary of Defense is au21 thorized to transfer surplus Mine-Resistant Ambush-Pro22 tected vehicles, including spare parts for such vehicles, to 

23 non-profit United States humanitarian demining organiza24 tions for purposes of demining activities and training of 

25 such organizations. 


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1 (b) TERMS AND CONDITIONS.—Any transfer of vehi2 cles or spare parts under subsection (a) shall be subject 

3 to the following terms and conditions: 

4 (1) The transfer shall be made on a loan basis. 

5 (2) The costs of operation and maintenance of 

6 the vehicles shall be borne by the recipient organiza7 tion. 

8 (3) Any other terms and conditions as the Sec9 retary of Defense determines to be appropriate. 

10 (c) NOTIFICATION.—The Secretary of Defense shall 

11 notify the congressional defense committees in writing not 

12 less than 60 days before making any transfer of vehicles 

13 or spare parts under subsection (a). Such notification shall 

14 include the name of the organization, the number and 

15 model of the vehicle to be transferred, a listing of any 

16 spare parts to be transferred, and any other information 

17 the Secretary considers appropriate. 

18 SEC. 1054. NOTICE TO CONGRESS OF CERTAIN DEPART19 MENT OF DEFENSE NONDISCLOSURE AGREE20 MENTS. 

21 (a) NOTICE REQUIRED.—The Secretary of Defense 

22 shall submit to the congressional defense committees no23 tice of any request or requirement for members of the 

24 Armed Forces or civilian employees of the Department of 

25 Defense to enter into nondisclosure agreements that could 


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1 restrict the ability of such members or employees to com2 municate with Congress. Each such notice shall include 

3 the following: 

4 (1) The basis in law for the agreement. 

5 (2) An explanation for the restriction of the 

6 ability to communicate with Congress. 

7 (3) A description of the category of individuals 

8 requested or required to enter into the agreement. 

9 (4) A copy of the language contained in the 

10 agreement. 

11 (b) TIMING OF NOTIFICATION.—

12 (1) REQUESTS OR REQUIREMENTS BEFORE

13 DATE OF ENACTMENT.—In the case of nondisclosure 

14 agreements described in subsection (a) that mem15 bers or employees were first requested or required to 

16 enter into on or before the date of the enactment of 

17 this Act, the notice required by subsection (a) shall 

18 be submitted not later than 60 days after the date 

19 of enactment. 

20 (2) REQUESTS OR REQUIREMENTS AFTER DATE

21 OF ENACTMENT.—In the case of nondisclosure 

22 agreements described in subsection (a) that mem23 bers or employees were first requested or required to 

24 enter into after the date of the enactment of this 

25 Act, the notice required by subsection (a) shall be 


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1 submitted not later than 30 days after the date on 

2 which the Secretary first requests or requires that 

3 the members or employees enter into the agree4 ments. 

5 SEC. 1055. EXTENSION OF AUTHORITY TO PROVIDE AS6 SURED BUSINESS GUARANTEES TO CAR7 RIERS PARTICIPATING IN CIVIL RESERVE AIR 

8 FLEET. 

9 (a) EXTENSION.—Subsection (k) of section 9515 of 

10 title 10, United States Code, is amended by striking ‘‘De11 cember 31, 2015’’ and inserting ‘‘December 31, 2020’’. 

12 (b) APPLICATION TO ALL SEGMENTS OF CRAF.—

13 Such section is further amended—

14 (1) in subsection (a)(3), by striking ‘‘pas15 senger’’; and 

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

17 it only means such transportation for which the Sec18 retary of Defense has entered into a contract for the 

19 purpose of passenger travel’’. 

20 SEC. 1056. AUTHORITY FOR SHORT-TERM EXTENSION OF 

21 LEASE FOR AIRCRAFT SUPPORTING THE 

22 BLUE DEVIL INTELLIGENCE, SURVEILLANCE, 

23 AND RECONNAISSANCE PROGRAM. 

24 (a) IN GENERAL.—Notwithstanding section 2401 of 

25 title 10, United States Code, the Secretary of the Air 


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1 Force may extend or renew the lease of aircraft supporting 

2 the Blue Devil intelligence, surveillance, and reconnais3 sance program after the date of the expiration of the cur4 rent lease of such aircraft for a term that is the shorter 

5 of—

6 (1) the period beginning on the date of the ex7 piration of the current lease and ending on the date 

8 on which the Commander of the United States Cen9 tral Command notifies the Secretary that a sub10 stitute is available for the capabilities provided by 

11 the lease, or that the capabilities provided by such 

12 aircraft are no longer required; or 

13 (2) six months. 

14 (b) FUNDING.—Amounts authorized to be appro15 priated for fiscal year 2013 by title XV and available for 

16 Overseas Contingency Operations for operation and main17 tenance as specified in the funding tables in section 4302 

18 may be available for the extension or renewal of the lease 

19 authorized by subsection (a). 


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1 SEC. 1057. RULE OF CONSTRUCTION RELATING TO PROHI2 BITION ON INFRINGING ON THE INDIVIDUAL 

3 RIGHT TO LAWFULLY ACQUIRE, POSSESS, 

4 OWN, CARRY, AND OTHERWISE USE PRI5 VATELY OWNED FIREARMS, AMMUNITION, 

6 AND OTHER WEAPONS. 

7 Section 1062(c) of the Ike Skelton National Defense 

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

9 383; 124 Stat. 4363) is amended—

10 (1) in paragraph (1)(B), by striking ‘‘; or’’ and 

11 inserting a semicolon; 

12 (2) in paragraph (2), by striking ‘‘others.’’ and 

13 inserting ‘‘others; or’’; and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) authorize a health professional that is a 

17 member of the Armed Forces or a civilian employee 

18 of the Department of Defense or a commanding offi19 cer to inquire if a member of the Armed Forces 

20 plans to acquire, or already possesses or owns, a pri21 vately-owned firearm, ammunition, or other weapon, 

22 if such health professional or such commanding offi23 cer has reasonable grounds to believe such member 

24 is at risk for suicide or causing harm to others.’’. 


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1 SEC. 1058. SENSE OF CONGRESS ON THE JOINT 

2 WARFIGHTING ANALYSIS CENTER. 

3 It is the sense of Congress that the Joint Warfighting 

4 Analysis Center (JWAC) should have adequate resources 

5 to meet the continuing requirements of the combatant 

6 commands. 

7 SEC. 1059. LIMITATIONS ON RETIREMENT OF FIXED-WING 

8 INTRA-THEATER AIRLIFT AIRCRAFT FOR 

9 GENERAL SUPPORT AND TIME SENSITIVE/

10 MISSION CRITICAL DIRECT SUPPORT AIR11 LIFT MISSIONS OF THE DEPARTMENT OF DE12 FENSE. 

13 (a) LIMITATION ON RETIREMENTS.—During fiscal 

14 year 2013, the Secretary of the Air Force shall retain an 

15 additional 32 fixed-wing, intra-theater airlift aircraft be16 yond the number of such aircraft proposed to be retained 

17 in the Secretary’s total force structure proposal provided 

18 to the congressional defense committees on November 2, 

19 2012. 

20 (b) INCORPORATION OF CONCEPT OF EMPLOY21 MENT.—Not later than June 1, 2013, the Secretary of the 

22 Air Force shall ensure that the concept of employment for 

23 the Department of the Air Force direct support of Depart24 ment of the Army time sensitive or mission critical intra25 theater airlift mission, as agreed to by the Vice Chiefs of 

26 Staff of the Air Force and the Army by memorandum of 


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1 agreement dated September 13, 2009, and agreed to by 

2 the Chiefs of Staff of the Air Force and the Army and 

3 the Vice Chairman of the Joint Chiefs of Staff, by memo4 randum of understanding dated January 27, 2012, is 

5 wholly incorporated into Department of the Air Force doc6 trine, strategy, tactics, and modeling and the Air Force 

7 core capabilities of agile combat support and rapid global 

8 mobility operations. 

9 Subtitle G—Studies and Reports 

10 SEC. 1061. ELECTRONIC WARFARE STRATEGY OF THE DE11 PARTMENT OF DEFENSE. 

12 (a) GUIDANCE REQUIRED.—Not later than January 

13 1, 2013, the Secretary of Defense shall review and update 

14 Department of Defense guidance related to electronic war15 fare to ensure that oversight roles and responsibilities 

16 within the Department related to electronic warfare policy 

17 and programs are clearly defined. Such guidance shall 

18 clarify, as appropriate, the roles and responsibilities re19 lated to the integration of electronic warfare matters and 

20 cyberspace operations. 

21 (b) PLAN REQUIRED.—Not later than October 1, 

22 2013, the Commander of the United States Strategic 

23 Command shall update and issue guidance regarding the 

24 responsibilities of the Command with regard to joint elec25 tronic warfare capabilities. Such guidance shall—


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1 (1) define the role and objectives of the Joint 

2 Electromagnetic Spectrum Control Center or any 

3 other center established in the Command to provide 

4 governance and oversight of electronic warfare mat5 ters; and 

6 (2) include an implementation plan outlining 

7 tasks, metrics, and timelines to establish such a cen8 ter. 

9 (c) ADDITIONAL REPORTING REQUIREMENTS.—Sec10 tion 1053(b)(1) of the National Defense Authorization Act 

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

12 2459) is amended—

13 (1) in subparagraph (B), by striking ‘‘; and’’ 

14 and inserting a semicolon; 

15 (2) in subparagraph (C), by striking the period 

16 and inserting a semicolon; and 

17 (3) by adding at the end the following new sub18 paragraphs: 

19 ‘‘(D) performance measures to guide the 

20 implementation of such strategy; 

21 ‘‘(E) an identification of resources and in22 vestments necessary to implement such strat23 egy; and 


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1 ‘‘(F) an identification of the roles and re2 sponsibilities within the Department to imple3 ment such strategy.’’. 

4 SEC. 1062. REPORT ON COUNTERPROLIFERATION CAPA5 BILITIES AND LIMITATIONS. 

6 (a) REPORT REQUIRED.—Not later than 180 days 

7 after the date of the enactment of this Act, the Secretary 

8 of Defense shall provide to the congressional defense com9 mittees a report outlining operational capabilities, limita10 tions, and shortfalls within the Department of Defense 

11 with respect to counterproliferation and combating weap12 ons of mass destruction involving special operations forces 

13 and key enabling forces. 

14 (b) ELEMENTS.—The report required under sub15 section (a) shall include each of the following elements: 

16 (1) An overview and assessment of current 

17 counterproliferation and combating weapons of mass 

18 destruction capabilities, capacity, and limitations of 

19 special operations forces and key enabling capabili20 ties provided by other supporting elements of the 

21 Department of Defense and other Government agen22 cies. 

23 (2) An assessment of the unique capabilities of 

24 special operations forces to counter a proliferant’s 


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1 ability to develop weapons of mass destruction, in2 cluding all phases of weaponization. 

3 (3) An overview and assessment of current and 

4 future training requirements and gaps, including the 

5 adequacy and availability of training facilities rel6 ative to paragraphs (1) and (2). 

7 (4) An assessment of technical capability gaps 

8 relative to paragraphs (1) and (2), including an 

9 identification of any gaps that are unique to special 

10 operations forces. 

11 (5) An assessment of interagency coordination 

12 capabilities and gaps, including intelligence support 

13 to countering weapons of mass destruction. 

14 (6) An assessment of current international bi15 lateral and multilateral partnerships and the limita16 tions of such partnerships, including an assessment 

17 of existing authorities to build partnership capacity 

18 in countering weapons of mass destruction unique to 

19 special operations forces. 

20 (7) A description of efforts to address the limi21 tations and gaps referred to in paragraphs (1) 

22 through (6), including timelines and requirements to 

23 address such limitations and such gaps. 

24 (8) Any other matters the Secretary considers 

25 appropriate. 


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1 SEC. 1063. REPORT ON STRATEGIC AIRLIFT AIRCRAFT. 

2 Not later than 90 days after the date of the enact3 ment of this Act, the Secretary of Defense shall submit 

4 to the congressional defense committees, the Committee 

5 on Transportation and Infrastructure of the House of 

6 Representatives, and the Committee on Commerce, 

7 Science, and Transportation of the Senate a report that 

8 sets forth the following: 

9 (1) An assessment of the feasibility and advis10 ability of obtaining a Federal Aviation Administra11 tion certification for commercial use of each of the 

12 following: 

13 (A) A commercial variant of the C–17 air14 craft. 

15 (B) A retired C–17A aircraft. 

16 (C) A retired C–5A aircraft. 

17 (2) An assessment of the current limitations of 

18 the aircraft of the Civil Reserve Air Fleet. 

19 (3) An assessment of the potential for using the 

20 aircraft referred to in paragraph (1) in the Civil Re21 serve Air Fleet. 

22 (4) An assessment of the advantages of adding 

23 the aircraft referred to in paragraph (1) to the Civil 

24 Reserve Air Fleet. 

25 (5) An update on the status of any cooperation 

26 between the Federal Aviation Administration and 


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1 the Department of Defense on the certification of 

2 the aircraft referred to in paragraph (1). 

3 (6) A description of all actions required, includ4 ing any impediments to such actions, to offering re5 tired C–5A aircraft or retired C–17A aircraft as ex6 cess defense articles to United States allies or for 

7 sale to Civil Reserve Air Fleet carriers. 

8 (7) A description of the actions required for in9 terested allies or Civil Reserve Air Fleet carriers to 

10 take delivery of excess C–5A aircraft or excess C–

11 17A aircraft, including the actions, modifications, or 

12 demilitarization necessary for such recipients to take 

13 delivery of such aircraft, and provisions for permit14 ting such recipients to undertake responsibility for 

15 such actions, to the maximum extent practicable. 

16 SEC. 1064. REPEAL OF BIENNIAL REPORT ON THE GLOBAL 

17 POSITIONING SYSTEM. 

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

19 amended—

20 (1) by striking subsection (d); and 

21 (2) by redesignating subsection (e) as sub22 section (d). 


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1 SEC. 1065. IMPROVEMENTS TO REPORTS REQUIRED ON AC2 QUISITION OF TECHNOLOGY RELATING TO 

3 WEAPONS OF MASS DESTRUCTION AND THE 

4 THREAT POSED BY WEAPONS OF MASS DE5 STRUCTION, BALLISTIC MISSILES, AND 

6 CRUISE MISSILES. 

7 (a) IN GENERAL.—Section 234 of the National De8 fense Authorization Act for Fiscal Year 1998 (50 U.S.C. 

9 2367) is amended to read as follows: 

10 ‘‘SEC. 234. REPORTS ON ACQUISITION OF TECHNOLOGY RE11 LATING TO WEAPONS OF MASS DESTRUCTION 

12 AND THE THREAT POSED BY WEAPONS OF 

13 MASS DESTRUCTION, BALLISTIC MISSILES, 

14 AND CRUISE MISSILES. 

15 ‘‘(a) ANNUAL REPORT.—Not later than January 30 

16 of each year, the Secretary of Defense, in consultation 

17 with the Director of National Intelligence, shall submit to 

18 the appropriate congressional committees a report on the 

19 following: 

20 ‘‘(1) The threats posed to the United States 

21 and allies of the United States—

22 ‘‘(A) by weapons of mass destruction, bal23 listic missiles, and cruise missiles; and 

24 ‘‘(B) by the proliferation of weapons of 

25 mass destruction, ballistic missiles, and cruise 

26 missiles. 


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1 ‘‘(2) The acquisition by foreign countries during 

2 the preceding 12 months of dual-use and other tech3 nology useful for the development or production of 

4 weapons of mass destruction (including nuclear 

5 weapons, chemical weapons, and biological weapons) 

6 and advanced conventional munitions. 

7 ‘‘(3) Any trends with respect to the acquisition 

8 described in paragraph (2). 

9 ‘‘(b) MATTERS INCLUDED.—Each report submitted 

10 under subsection (a) shall include the following: 

11 ‘‘(1) Identification of each foreign country and 

12 non-State organization that possesses weapons of 

13 mass destruction, ballistic missiles, or cruise mis14 siles, and a description of such weapons and missiles 

15 with respect to each such foreign country and non16 State organization. 

17 ‘‘(2) A description of the means by which any 

18 foreign country and non-State organization that has 

19 achieved, or is making progress toward achieving, 

20 capability with respect to weapons of mass destruc21 tion, ballistic missiles, or cruise missiles has 

22 achieved, or is making progress toward achieving, 

23 that capability, including a description of the inter24 national network of foreign countries and private en25 tities that provide assistance to foreign countries 


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1 and non-State organizations in achieving that capa2 bility. 

3 ‘‘(3) An examination of the doctrines that guide 

4 the use of weapons of mass destruction in each for5 eign country that possesses such weapons. 

6 ‘‘(4) An examination of the existence and imple7 mentation of the control mechanisms that exist with 

8 respect to nuclear weapons in each foreign country 

9 that possesses such weapons. 

10 ‘‘(5) Identification of each foreign country and 

11 non-State organization that seeks to acquire or de12 velop (indigenously or with foreign assistance) weap13 ons of mass destruction, ballistic missiles, or cruise 

14 missiles, and a description of such weapons and mis15 siles with respect to each such foreign country and 

16 non-State organization. 

17 ‘‘(6) An assessment of various possible 

18 timelines for the achievement by foreign countries 

19 and non-State organizations of capability with re20 spect to weapons of mass destruction, ballistic mis21 siles, and cruise missiles, taking into account the 

22 probability of whether foreign countries that are a 

23 party to the Missile Technology Control Regime will 

24 comply with and enforce the regime, the potential 

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1 cialists, and the potential for independent sales by 

2 foreign private entities without authorization from 

3 their national governments. 

4 ‘‘(7) For each foreign country or non-State or5 ganization that has not achieved the capability to 

6 target the United States or its territories with weap7 ons of mass destruction, ballistic missiles, or cruise 

8 missiles as of the date of the enactment of the Na9 tional Defense Authorization Act for Fiscal Year 

10 2013, an estimate of how far in advance the United 

11 States is likely to be warned before such foreign 

12 country or non-State organization achieves that ca13 pability. 

14 ‘‘(8) For each foreign country or non-State or15 ganization that has not achieved the capability to 

16 target members of the Armed Forces of the United 

17 States deployed abroad with weapons of mass de18 struction, ballistic missiles, or cruise missiles as of 

19 the date of the enactment of the National Defense 

20 Authorization Act for Fiscal Year 2013, an estimate 

21 of how far in advance the United States is likely to 

22 be warned before such foreign country or non-State 

23 organization achieves that capability. 


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1 ‘‘(c) CLASSIFICATION.—Each report submitted under 

2 subsection (a) shall be submitted in unclassified form, but 

3 may include a classified annex. 

4 ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES

5 DEFINED.—In this section, the term ‘appropriate congres6 sional committees’ means the following: 

7 ‘‘(1) The congressional defense committees. 

8 ‘‘(2) The congressional intelligence committees 

9 (as defined in section 3 of the National Security Act 

10 of 1947 (50 U.S.C. 401a)). 

11 ‘‘(3) The Speaker and the minority leader of 

12 the House of Representatives and the majority lead13 er and the minority leader of the Senate.’’. 

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

15 at the beginning of the National Defense Authorization 

16 Act for Fiscal Year 1998 (Public Law 105–85) is amended 

17 by striking the item relating to section 234 and inserting 

18 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.’’.

19 (c) CONFORMING REPEAL.—Section 721 of the Intel20 ligence Authorization Act for Fiscal Year 1997 (50 U.S.C. 

21 2366) is repealed. 


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1 SEC. 1066. REPORT ON FORCE STRUCTURE OF THE UNITED 

2 STATES ARMY. 

3 (a) REPORT REQUIRED.—Not later than 90 days 

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

5 of the Army shall submit to Congress a report on the force 

6 structure of the Army. 

7 (b) ELEMENTS OF REPORT.—The report required 

8 under subsection (a) shall include each of the following: 

9 (1) A description of the planning assumptions 

10 and scenarios used to determine the size and force 

11 structure of the United States Army, including the 

12 reserve component, for the Future Years Defense 

13 Program for fiscal years 2014 through 2018. 

14 (2) An evaluation of the adequacy of the pro15 posed force structure for meeting the goals of the 

16 national military strategy of the United States. 

17 (3) A description of any alternative force struc18 tures considered, including the assessed advantages 

19 and disadvantages of each and a brief explanation of 

20 why those not selected were rejected. 

21 (4) The estimated resource requirements of 

22 each of the alternative force structures referred to in 

23 paragraph (3). 

24 (5) An independent risk assessment of the pro25 posed Army force structure, to be conducted by the 

26 Chief of Staff of the Army. 


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1 (6) Such other information as the Secretary of 

2 the Army determines is appropriate. 

3 (c) CLASSIFIED ANNEX.—The report required by 

4 subsection (a) shall be in unclassified form but may in5 clude a classified annex. 

6 SEC. 1067. REPORT ON PLANNED EFFICIENCY INITIATIVES 

7 AT SPACE AND NAVAL WARFARE SYSTEMS 

8 COMMAND. 

9 Not later than 90 days after the date of the enact10 ment of this Act, the Secretary of the Navy shall submit 

11 to the congressional defense committees a report on plans 

12 to implement efficiency initiatives to reduce overhead costs 

13 at all echelons of the Space and Naval Warfare Systems 

14 Command (SPAWAR), including a detailed description of 

15 the long-term impacts on current and planned future mis16 sion requirements. 

17 SEC. 1068. REPORT ON MILITARY RESOURCES NECESSARY 

18 TO EXECUTE UNITED STATES FORCE POS19 TURE STRATEGY IN THE ASIA PACIFIC RE20 GION. 

21 (a) REVIEW REQUIRED.—

22 (1) IN GENERAL.—The Secretary of Defense 

23 shall, in consultation with the Chairman of the Joint 

24 Chiefs of Staff, conduct a comprehensive review of 

25 the national defense strategy, force structure, force 


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1 modernization plans, infrastructure, budget plan, 

2 and other elements of the defense program and poli3 cies of the United States with regard to the Asia Pa4 cific region to determine the resources, equipment, 

5 and transportation required to meet the strategic 

6 and operational plans of the United States. 

7 (2) ELEMENTS.—The review required under 

8 paragraph (1) shall include the following elements: 

9 (A) The force structure, force moderniza10 tion plans, infrastructure, budget plan, and 

11 other elements of the defense program of the 

12 United States associated with the Asia Pacific 

13 region that would be required to execute suc14 cessfully the full range of missions called for in 

15 the national defense strategy. 

16 (B) An estimate of the timing for initial 

17 and final operational capability for each unit 

18 based in, realigned within, or identified for sup19 port to the Asia Pacific region. 

20 (C) An assessment of the strategic and 

21 tactical sea, ground, and air transportation re22 quired for the forces assigned to the Asia Pa23 cific region to meet strategic and operational 

24 plans. 


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1 (D) The specific capabilities, including the 

2 general number and type of specific military 

3 platforms, their permanent station, and planned 

4 forward operating locations needed to achieve 

5 the strategic and warfighting objectives identi6 fied in the review. 

7 (E) The forward presence, phased deploy8 ments, pre-positioning, and other anticipatory 

9 deployments of manpower or military equip10 ment necessary for conflict deterrence and ade11 quate military response to anticipated conflicts. 

12 (F) The budget plan that would be re13 quired to provide sufficient resources to execute 

14 successfully the full range of missions and 

15 phased operations in the Asia Pacific region at 

16 a low-to-moderate level of risk and any addi17 tional resources (beyond those programmed in 

18 the current future-years defense program) re19 quired to achieve such a level of risk. 

20 (G) Budgetary recommendations that are 

21 not constrained to comply with and are fully 

22 independent of the budget submitted to Con23 gress by the President pursuant to section 1105 

24 of title 31, United States Code. 


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1 (b) CJCS REVIEW.—Upon the completion of the re2 view under subsection (a), the Chairman of the Joint 

3 Chiefs of Staff shall prepare and submit to the Secretary 

4 of Defense the Chairman’s assessment of the review, in5 cluding the Chairman’s assessment of risk and a descrip6 tion of the capabilities needed to address such risk. 

7 (c) REPORT.—

8 (1) IN GENERAL.—Not later than one year 

9 after the date of the enactment of this Act, the Sec10 retary of Defense shall submit to the congressional 

11 defense committees a report on the results of the re12 view required under subsection (a). 

13 (2) CONTENT.—The report required under 

14 paragraph (1) shall include the following elements: 

15 (A) A description of the elements set forth 

16 under subsection (a)(1). 

17 (B) A description of the assumptions used 

18 in the examination, including assumptions relat19 ing to—

20 (i) the status of readiness of the 

21 Armed Forces; 

22 (ii) the cooperation of allies and part23 ners, mission-sharing, and additional bene24 fits to and burdens on the Armed Forces 

25 resulting from coalition operations; 


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1 (iii) warning times; 

2 (iv) levels of engagement in operations 

3 other than war and smaller-scale contin4 gencies and withdrawal from such oper5 ations and contingencies; 

6 (v) the intensity, duration, and mili7 tary and political end-states of conflicts 

8 and smaller-scale contingencies; and 

9 (vi) the roles and responsibilities that 

10 would be discharged by contractors. 

11 (C) Any other matters the Secretary of 

12 Defense considers appropriate. 

13 (D) The full and complete assessment of 

14 the Chairman of the Joint Chiefs of Staff under 

15 subsection (b), including related comments of 

16 the Secretary of Defense. 

17 (3) FORM.—The report required under para18 graph (1) may be submitted in classified or unclassi19 fied form. 

20 SEC. 1069. RIALTO-COLTON BASIN, CALIFORNIA, WATER RE21 SOURCES STUDY. 

22 (a) IN GENERAL.—Not later than two years after the 

23 date of the enactment of this Act, the Secretary of the 

24 Interior, acting through the Director of the United States 

25 Geological Survey, shall complete a study of water reVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00790 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 sources in the Rialto-Colton Basin in the State of Cali2 fornia (in this section referred to as the ‘‘Basin’’), includ3 ing—

4 (1) a survey of ground water resources in the 

5 Basin, including an analysis of—

6 (A) the delineation, either horizontally or 

7 vertically, of the aquifers in the Basin, includ8 ing the quantity of water in the aquifers; 

9 (B) the availability of ground water re10 sources for human use; 

11 (C) the salinity of ground water resources; 

12 (D) the identification of a recent surge in 

13 perchlorate concentrations in ground water, 

14 whether significant sources are being flushed 

15 through the vadose zone, or if perchlorate is 

16 being remobilized; 

17 (E) the identification of impacts and 

18 extents of all source areas that contribute to 

19 the regional plume to be fully characterized; 

20 (F) the potential of the ground water re21 sources to recharge; 

22 (G) the interaction between ground water 

23 and surface water; 

24 (H) the susceptibility of the aquifers to 

25 contamination, including identifying the extent 


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1 of commingling of plume emanating within sur2 rounding areas in San Bernardino County, 

3 California; and 

4 (I) any other relevant criteria; and 

5 (2) a characterization of surface and bedrock 

6 geology of the Basin, including the effect of the geol7 ogy on ground water yield and quality. 

8 (b) COORDINATION.—The Secretary shall carry out 

9 the study in coordination with the State of California and 

10 any other entities that the Secretary determines to be ap11 propriate, including other Federal agencies and institu12 tions of higher education. 

13 (c) REPORT.—Upon completion of the study, the Sec14 retary shall submit to the Committee on Energy and Nat15 ural Resources of the Senate and the Committee on Nat16 ural Resources of the House of Representatives a report 

17 that describes the results of the study. 

18 SEC. 1070. REPORTS ON THE POTENTIAL SECURITY 

19 THREAT POSED BY BOKO HARAM. 

20 (a) DIRECTOR OF NATIONAL INTELLIGENCE RE21 PORT.—Not later than 180 days after the date of the en22 actment of this Act, the Director of National Intelligence 

23 shall submit to Congress a classified intelligence assess24 ment of the Nigerian organization known as Boko Haram. 

25 Such assessment shall address the following: 


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1 (1) The organizational structure, operational 

2 goals, and funding sources of Boko Haram. 

3 (2) The extent to which Boko Haram threatens 

4 the stability of Nigeria and surrounding countries. 

5 (3) The extent to which Boko Haram threatens 

6 the security of citizens of the United States or the 

7 national security or interests of the United States. 

8 (4) Any interaction between Boko Haram and 

9 al-Qaeda in the Islamic Maghreb or other al-Qaeda 

10 affiliates with respect to operational planning and 

11 execution, training, and funding. 

12 (5) The capacity of Nigerian security forces to 

13 counter the threat posed by Boko Haram and an as14 sessment of the effectiveness of the strategy of the 

15 Nigerian government to date. 

16 (6) Any intelligence gaps with respect to the 

17 leadership, operational goals, and capabilities of 

18 Boko Haram. 

19 (b) SECRETARY OF STATE AND SECRETARY OF DE20 FENSE JOINT REPORT.—Not later than 90 days after the 

21 date on which the report required by subsection (a) is sub22 mitted to Congress, the Secretary of State and the Sec23 retary of Defense shall jointly submit to Congress a classi24 fied report describing the strategy of the United States 

25 to counter the threat posed by Boko Haram. 


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1 SEC. 1071. STUDY ON THE ABILITY OF NATIONAL TEST AND 

2 EVALUATION CAPABILITIES TO SUPPORT 

3 THE MATURATION OF HYPERSONIC TECH4 NOLOGIES FOR FUTURE DEFENSE SYSTEMS 

5 DEVELOPMENT. 

6 (a) STUDY REQUIRED.—The Director of the Office 

7 of Science and Technology Policy, working with the Sec8 retary of Defense and the Administrator of the National 

9 Aeronautics and Space Administration (NASA), shall con10 duct a study on the ability of the national test and evalua11 tion infrastructure, including ground test facilities and 

12 open air ranges of the Department of Defense, and 

13 leveraging NASA and private facilities, when appropriate, 

14 to effectively and efficiently mature hypersonic tech15 nologies for defense systems development in the short and 

16 long term. 

17 (b) REPORT AND PLAN.—

18 (1) IN GENERAL.—Not later than one year 

19 after the date of the enactment of this Act, the Sec20 retary of Defense shall submit to the appropriate 

21 congressional committees a report containing the re22 sults of the study required under subsection (a) to23 gether with a plan for requirements and proposed 

24 investments to meet Department of Defense needs 

25 through 2030. 


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1 (2) CONTENT.—The report required under 

2 paragraph (1) shall include the following elements: 

3 (A) An assessment of the current condition 

4 and adequacy of the hypersonics test and eval5 uation infrastructure within the Department of 

6 Defense, NASA, and the private sector to sup7 port hypersonic research and development with8 in the Department of Defense. 

9 (B) An identification of test and evaluation 

10 infrastructure outside the Department of De11 fense that could be used to support Department 

12 of Defense hypersonic research and develop13 ment and assess means to ensure the avail14 ability of such capabilities to the Department in 

15 the present and future. 

16 (C) A time-phased plan to acquire required 

17 hypersonics research, development, test and 

18 evaluation capabilities, including identification 

19 of the resources necessary to acquire any need20 ed capabilities that are currently not available. 

21 (D) Other matters the Secretary deter22 mines are appropriate. 

23 (3) APPROPRIATE CONGRESSIONAL COMMIT24 TEES DEFINED.—In this subsection, the term ‘‘ap25 propriate congressional committees’’ means—


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1 (A) the Committee on Armed Services and 

2 the Committee on Commerce, Science, and 

3 Transportation of the Senate; and 

4 (B) the Committee on Armed Services and 

5 the Committee on Science, Space, and Tech6 nology of the House of Representatives. 

7 Subtitle H—Other Matters 

8 SEC. 1076. TECHNICAL AND CLERICAL AMENDMENTS. 

9 (a) AMENDMENTS TO NATIONAL DEFENSE AUTHOR10 IZATION ACT FOR FISCAL YEAR 2012.—Effective as of 

11 December 31, 2011, and as if included therein as enacted, 

12 the National Defense Authorization Act for Fiscal Year 

13 2012 (Public Law 112–81) is amended as follows: 

14 (1) Section 243(d) (125 Stat. 1344) is amended 

15 by striking ‘‘paragraph’’ and inserting ‘‘subsection’’. 

16 (2) Section 323(b) (125 Stat. 1362) is amended 

17 by striking ‘‘Section 328(b)(A)’’ and inserting ‘‘Sec18 tion 328(b)(2)(A)’’. 

19 (3) Section 541(b) (125 Stat. 1407) is amended 

20 by striking ‘‘, as amended by subsection (a),’’. 

21 (4) Section 589(b) (125 Stat. 1438) is amended 

22 by striking ‘‘section 717’’ and inserting ‘‘section 

23 2564’’. 


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1 (5) Section 602(a)(2) (125 Stat. 1447) is 

2 amended by striking ‘‘repairs,’’ and inserting ‘‘re3 pairs’’. 

4 (6) Section 631(e)(28)(A) (125 Stat. 1464) is 

5 amended by striking ‘‘before ‘In addition’ ’’ and in6 serting ‘‘before ‘Under regulations’ ’’. 

7 (7) Section 631(f)(2) (125 Stat. 1464) is 

8 amended by striking ‘‘table of chapter’’ and insert9 ing ‘‘table of chapters’’. 

10 (8) Section 631(f)(3)(B) (125 Stat. 1465) is 

11 amended by striking ‘‘chapter 9’’ and inserting 

12 ‘‘chapter 10’’. 

13 (9) Section 631(f)(4) (125 Stat. 1465) is 

14 amended by striking ‘‘subsection (c)’’ both places it 

15 appears and inserting ‘‘subsection (d)’’. 

16 (10) Section 801 (125 Stat. 1482) is amend17 ed—

18 (A) in subsection (a)(1)(B), by striking 

19 ‘‘paragraphs (6) and (7)’’ and inserting ‘‘para20 graphs (5) and (6)’’; 

21 (B) in subsection (a)(2), in the matter pro22 posed to be inserted as a new paragraph, by 

23 striking the double closing quotation marks 

24 after ‘‘capabilities’’ and inserting a single clos25 ing quotation mark; and 


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1 (C) in subsection (e)(1)(A), by striking 

2 ‘‘Point’’ in the matter proposed to be struck 

3 and inserting ‘‘Point A’’. 

4 (11) Section 806(d) (125 Stat. 1487) is amend5 ed by striking ‘‘paragraph (2)’’ and inserting ‘‘sub6 section (c)(2)’’. 

7 (12) Section 832(b)(1) (125 Stat. 1504) is 

8 amended by striking ‘‘Defenese’’ and inserting ‘‘De9 fense’’. 

10 (13) Section 855 (125 Stat. 1521) is amended 

11 by striking ‘‘Section 139e(b)(12)’’ and inserting 

12 ‘‘Section 139c(b)(12)’’. 

13 (14) Section 864(a)(2) (125 Stat. 1522) is 

14 amended by striking ‘‘for Acquisition Workforce 

15 Programs’’ in the matter proposed to be struck. 

16 (15) Section 864(d)(2) (125 Stat. 1525) is 

17 amended to read as follows: 

18 ‘‘(2) in paragraph (6), by striking ‘ensure that 

19 amounts collected’ and all that follows through the 

20 end of the paragraph (as amended by section 526 of 

21 division C of Public Law 112–74 (125 Stat. 914)) 

22 and inserting ‘ensure that amounts collected under 

23 this section are not used for a purpose other than 

24 the activities set forth in section 1201(a) of this 

25 title.’.’’. 


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1 (16) Section 866(a) (125 Stat. 1526) is amend2 ed by striking ‘‘September 30’’ in the matter pro3 posed to be struck and inserting ‘‘December 31’’. 

4 (17) Section 867 (125 Stat. 1526) is amend5 ed—

6 (A) in paragraph (1), by striking ‘‘2010’’ 

7 in the matter proposed to be struck and insert8 ing ‘‘2011’’; and 

9 (B) in paragraph (2), by striking ‘‘2013’’ 

10 in the matter proposed to be struck and insert11 ing ‘‘2014’’. 

12 (18) Section 933(c) (125 Stat. 1544; 10 U.S.C. 

13 2330 note) is amended by striking ‘‘of this title’’ in 

14 the matter proposed to be inserted and inserting ‘‘of 

15 title 10, United States Code’’. 

16 (19) Section 1045(c)(1) (125 Stat. 1577) is 

17 amended by striking ‘‘described in subsection (b)’’ 

18 and inserting ‘‘described in paragraph (2)’’. 

19 (20) Section 1067 (125 Stat. 1589) is amend20 ed—

21 (A) by striking subsection (a); and 

22 (B) by striking the subsection designation 

23 and the subsection heading of subsection (b). 

24 (21) Section 2702 (125 Stat. 1681) is amend25 ed—


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1 (A) in the section heading, by striking 

2 ‘‘AUTHORIZED’’ and inserting ‘‘AUTHORIZA3 TION OF APPROPRIATIONS FOR’’; and 

4 (B) by striking ‘‘Using amounts’’ and all 

5 that follows through ‘‘may carry out’’ and in6 serting ‘‘Funds are hereby authorized to be ap7 propriated for fiscal years beginning after Sep8 tember 30, 2011, for’’. 

9 (22) Section 2815(c) (125 Stat. 1689) is 

10 amended by inserting ‘‘subchapter III of’’ before 

11 ‘‘chapter 169’’. 

12 (b) AMENDMENTS TO IKE SKELTON NATIONAL DE13 FENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011.—

14 Effective as of January 7, 2011, and as if included therein 

15 as enacted, the Ike Skelton National Defense Authoriza16 tion Act for Fiscal Year 2011 (Public Law 111–383) is 

17 amended as follows: 

18 (1) Section 358(c)(3) (124 Stat. 4199) is 

19 amended by striking ‘‘fulfil’’ and inserting ‘‘fulfill’’. 

20 (2) Section 533(b) (124 Stat. 4216) is amended 

21 by inserting ‘‘Section’’ before ‘‘1559(a)’’. 

22 (3) Section 896(a) (124 Stat. 4314) is amended 

23 by striking ‘‘Chapter 7’’ and inserting ‘‘Chapter 4’’. 


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1 (4) Section 1075(b)(50)(C) (124 Stat. 4371) is 

2 amended by striking ‘‘subsection (j)(1)’’ and insert3 ing ‘‘subsection (j)’’. 

4 (5) Section 1203(a) (124 Stat. 4386) is amend5 ed in the matter preceding paragraph (1) by striking 

6 ‘‘Fiscal Year 2009’’ and inserting ‘‘Fiscal Year 

7 2008’’. 

8 (c) AMENDMENTS TO REFLECT REDESIGNATION OF

9 CERTAIN POSITIONS IN OFFICE OF SECRETARY OF DE10 FENSE.—

11 (1) ASSISTANT SECRETARY OF DEFENSE FOR

12 NUCLEAR, CHEMICAL, AND BIOLOGICAL DEFENSE

13 PROGRAMS.—Section 1605(a)(5) of the National De14 fense Authorization Act for Fiscal Year 1994 (Pub15 lic Law 103–160; 22 U.S.C. 2751 note) is amended 

16 by striking ‘‘The Assistant to the Secretary of De17 fense for Nuclear and Chemical and Biological De18 fense Programs’’ and inserting ‘‘The Assistant Sec19 retary of Defense for Nuclear, Chemical, and Bio20 logical Defense Programs’’. 

21 (2) ASSISTANT SECRETARY OF DEFENSE FOR

22 RESEARCH AND ENGINEERING.—

23 (A) The following provisions are amended 

24 by striking ‘‘Director of Defense Research and 

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1 retary of Defense for Research and Engineer2 ing’’: 

3 (i) Sections 2362(a)(1) and 

4 2521(e)(5) of title 10, United States Code. 

5 (ii) Section 241(c) of the National De6 fense Authorization Act for Fiscal Year 

7 2006 (Public Law 109–163; 10 U.S.C. 

8 2521 note). 

9 (iii) Section 212(b) of the Ronald W. 

10 Reagan National Defense Authorization 

11 Act for Fiscal Year 2005 (Public Law 

12 108–375; 10 U.S.C. 2358 note). 

13 (iv) Section 246(d)(1) of the Bob 

14 Stump National Defense Authorization Act 

15 for Fiscal Year 2003 (Public Law 107–

16 314; 10 U.S.C. 2358 note). 

17 (v) Section 257(a) of the National De18 fense Authorization Act for Fiscal Year 

19 1995 (Public Law 103–337; 10 U.S.C. 

20 2358 note). 

21 (vi) Section 1101(b)(1)(D) of the 

22 Strom Thurmond National Defense Au23 thorization Act for Fiscal Year 1999 (Pub24 lic Law 105–261; 5 U.S.C. 3104 note). 


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1 (vii) Section 802(g)(1)(B)(ii) of the 

2 Higher Education Opportunity Act (20 

3 U.S.C. 9631(g)(1)(B)(ii)). 

4 (B) Section 2365 of title 10, United States 

5 Code, is amended—

6 (i) in subsection (a), by inserting ‘‘of 

7 Defense for Research and Engineering’’ 

8 after ‘‘Assistant Secretary’’; and 

9 (ii) in subsection (d)(3)(A), by strik10 ing ‘‘Director’’ and inserting ‘‘Assistant 

11 Secretary’’. 

12 (C) Section 256 of the National Defense 

13 Authorization Act for Fiscal Year 2006 (Public 

14 Law 109–163; 10 U.S.C. 1071 note) is amend15 ed in subsections (b)(4) and (d) by striking 

16 ‘‘Director, Defense’’ and inserting ‘‘Assistant 

17 Secretary of Defense for’’. 

18 (D) Section 1504 of the Duncan Hunter 

19 National Defense Authorization Act for Fiscal 

20 Year 2009 (Public Law 110–417; 10 U.S.C. 

21 2358 note) is amended—

22 (i) in subsection (a), by striking ‘‘Di23 rector of Defense’’ and inserting ‘‘Assist24 ant Secretary of Defense for’’; and 


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1 (ii) in subsection (b)(9), by striking 

2 ‘‘the Director of the’’ and all that follows 

3 through ‘‘Engineering’’ and inserting ‘‘the 

4 Director and the Assistant Secretary’’. 

5 (E) Section 802 of the National Defense 

6 Authorization Act for Fiscal Year 1994 (Public 

7 Law 103–160; 10 U.S.C. 2358 note) is amend8 ed—

9 (i) in subsection (a), by striking ‘‘Di10 rector of Defense’’ and inserting ‘‘Assist11 ant Secretary of Defense for’’; 

12 (ii) in subsections (b), (d), and (e), by 

13 striking ‘‘Director’’ and inserting ‘‘Assist14 ant Secretary’’; and 

15 (iii) in subsection (f), by striking ‘‘Not 

16 later than’’ and all that follows through 

17 ‘‘the Director’’ and inserting ‘‘The Assist18 ant Secretary’’. 

19 (F) Section 214 of the National Defense 

20 Authorization Act for Fiscal Year 2008 (Public 

21 Law 110–181; 10 U.S.C. 2521 note) is amend22 ed by striking ‘‘unless the’’ and all that follows 

23 through ‘‘ensures’’ and inserting ‘‘unless the 

24 Assistant Secretary of Defense for Research 

25 and Engineering ensures’’. 


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1 (3) ASSISTANT SECRETARY OF DEFENSE FOR

2 OPERATIONAL ENERGY PLANS AND PROGRAMS.—

3 Section 2925(b) of title 10, United States Code, is 

4 amended—

5 (A) in paragraph (1), by striking ‘‘Director 

6 of’’ and inserting ‘‘Assistant Secretary of De7 fense for’’; and 

8 (B) in paragraph (2)(G), by striking ‘‘Di9 rector’’ both places it appears and inserting 

10 ‘‘Assistant Secretary’’. 

11 (d) CROSS-REFERENCE AMENDMENTS IN TITLE

12 10.—Title 10, United States Code, is amended as follows: 

13 (1) Section 1722b(c) is amended—

14 (A) in paragraph (3), by striking ‘‘sub15 sections (b)(2)(A) and (b)(2)(B)’’ and inserting 

16 ‘‘subsections (b)(1)(A) and (b)(1)(B)’’; and 

17 (B) in paragraph (4), by striking 

18 ‘‘1734(d), or 1736(c)’’ and inserting ‘‘or 

19 1734(d)’’. 

20 (2) Section 1787(b) is amended—

21 (A) by striking ‘‘section 3(1)’’ and insert22 ing ‘‘section 3’’; and 

23 (B) by striking ‘‘42 U.S.C. 5102’’ and in24 serting ‘‘Public Law 93–247; 42 U.S.C. 5101 

25 note’’. 


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1 (3) Section 2382(b)(1) is amended by inserting 

2 ‘‘of the Small Business Act (15 U.S.C. 657q(c)(4))’’ 

3 after ‘‘section 44(c)(4)’’. 

4 (4) Section 2474(d) is amended by striking 

5 ‘‘section 2667(d)’’ and inserting ‘‘section 2667(e)’’. 

6 (5) Section 2548(e)(2) is amended by striking 

7 ‘‘section 103(f) of the Weapon Systems Acquisition 

8 Reform Act of 2009 (10 U.S.C. 2430 note),’’ and in9 serting ‘‘section 2438(f) of this title’’. 

10 (6) Section 2925 is amended—

11 (A) in subsection (a)(1), by striking ‘‘sec12 tion 533’’ and inserting ‘‘section 553’’; and 

13 (B) in subsection (b)(1), by striking ‘‘sec14 tion 139b’’ and inserting ‘‘section 138c’’. 

15 (e) DATE OF ENACTMENT REFERENCES.—Title 10, 

16 United States Code, is amended as follows: 

17 (1) Section 1564(a)(2)(B) is amended by strik18 ing ‘‘the date of the enactment of the Ike Skelton 

19 National Defense Authorization Act for Fiscal Year 

20 2011’’ in clauses (ii) and (iii) and inserting ‘‘Janu21 ary 7, 2011’’. 

22 (2) Section 2216a(e) is amended by striking 

23 ‘‘on the last day of’’ and all that follows and insert24 ing ‘‘on September 30, 2015.’’. 


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1 (3) Section 2359b(k)(5) is amended by striking 

2 ‘‘the date that is five years after the date of the en3 actment of this Act’’ and inserting ‘‘January 7, 

4 2016’’. 

5 (4) Section 2649(c) is amended by striking 

6 ‘‘During the 5-year period beginning on the date of 

7 the enactment of the Ike Skelton National Defense 

8 Authorization Act for Fiscal Year 2011’’ and insert9 ing ‘‘Until January 6, 2016’’. 

10 (5) Section 2790(g)(1) is amended by striking 

11 ‘‘on or after the date of the enactment of the Ike 

12 Skelton National Defense Authorization Act for Fis13 cal Year 2011’’ and inserting ‘‘after January 6, 

14 2011,’’. 

15 (6) Sections 3911(b)(2), 6323(a)(2)(B), and 

16 8911(b)(2) are amended by striking ‘‘the date of the 

17 enactment of the Ike Skelton National Defense Au18 thorization Act for Fiscal Year 2011’’ and inserting 

19 ‘‘January 7, 2011,’’. 

20 (7) Section 10217(d)(3) is amended by striking 

21 ‘‘after the end of the 2-year period beginning on the 

22 date of the enactment of this subsection’’ and insert23 ing ‘‘after January 6, 2013’’. 

24 (f) OTHER MISCELLANEOUS AMENDMENTS TO TITLE

25 10.—Title 10, United States Code, is amended as follows: 


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1 (1) Section 113(c)(2) is amended by striking 

2 ‘‘on’’ after ‘‘Board on’’. 

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

4 chapter 4 is amended by striking the item relating 

5 to section 133b. 

6 (3) Paragraph (3) of section 138(c), as added 

7 by section 314(a) of the National Defense Author8 ization Act for Fiscal Year 2012 (Public Law 112–

9 81; 125 Stat. 1357), is transferred to appear at the 

10 end of section 138c(c). 

11 (4) Section 139a(d)(4) is amended by adding a 

12 period at the end. 

13 (5) Section 139b(a)(6) is amended by striking 

14 ‘‘propriety’’ and inserting ‘‘proprietary’’. 

15 (6) The item relating to section 225 at the end 

16 of the table of sections at the beginning of chapter 

17 9 is transferred to appear after the item relating to 

18 section 224. 

19 (7) Section 401(d) is amended by striking 

20 ‘‘Committee on International Relations’’ and insert21 ing ‘‘Committee on Foreign Affairs’’. 

22 (8) Section 843(b)(2)(B)(v) (article 43 of the 

23 Uniform Code of Military Justice) is amended by 

24 striking ‘‘Kidnaping,,’’ and inserting ‘‘Kidnaping,’’. 


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1 (9) Section 920(g)(7) (article 120 of the Uni2 form Code of Military Justice) is amended by strik3 ing the second period at the end. 

4 (10) Section 983(b)(1) is amended by striking 

5 ‘‘or Secretary’’ and inserting ‘‘or the Secretary’’. 

6 (11) Section 1086(b)(1) is amended by striking 

7 ‘‘clause (2)’’ and inserting ‘‘paragraph (2)’’. 

8 (12) Section 1142(b)(10) is amended by strik9 ing ‘‘training,,’’ and inserting ‘‘training,’’. 

10 (13) Section 1143(a) is amended by inserting 

11 after ‘‘Coast Guard’’ the following: ‘‘when it is not 

12 operating as a service in the Navy’’. 

13 (14) Section 1143a(h) is amended by inserting 

14 after ‘‘Coast Guard’’ the second place it appears the 

15 following: ‘‘when it is not operating as a service in 

16 the Navy’’. 

17 (15) Section 1145(e) is amended by inserting 

18 before the period at the end the following: ‘‘when the 

19 Coast Guard is not operating as a service in the 

20 Navy’’. 

21 (16) Section 1146(b) is amended by inserting 

22 before the period at the end the following: ‘‘when the 

23 Coast Guard is not operating as a service in the 

24 Navy’’. 


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1 (17) Section 1149 is amended by inserting after 

2 ‘‘Coast Guard’’ the following: ‘‘when it is not oper3 ating as a service in the Navy’’. 

4 (18) Section 1150(c) is amended by inserting 

5 after ‘‘Coast Guard’’ the second place it appears the 

6 following: ‘‘when it is not operating as a service in 

7 the Navy’’. 

8 (19) Section 1401(a) is amended by striking 

9 ‘‘columns 1, 2, 3, and 4,’’ in the matter preceding 

10 the table and inserting ‘‘columns 1, 2, and 3,’’. 

11 (20) Section 1599a(a) is amended by striking 

12 ‘‘National Security Act’’ and inserting ‘‘National Se13 curity Agency Act’’. 

14 (21) Section 1781(a) is amended—

15 (A) in the first sentence, by striking ‘‘Di16 rector’’ and inserting ‘‘Office’’; 

17 (B) in the first sentence, by striking ‘‘here18 inafter’’; and 

19 (C) in the second sentence, by striking ‘‘of20 fice’’ both places it appears and inserting ‘‘Of21 fice’’. 

22 (22) Section 1790, as added by section 8070 of 

23 division A of Public 112–74 (125 Stat. 822), is 

24 amended—


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1 (A) by striking the section heading and in2 serting the following: 

3 ‘‘§ 1790. Military personnel citizenship processing’’; 

4 (B) by striking ‘‘AUTHORIZATION OF PAY5 MENTS.—’’; 

6 (C) by striking ‘‘title 10, United States 

7 Code’’ and inserting ‘‘this title’’; 

8 (D) by striking ‘‘8 U.S.C. §§ 1439’’ and 

9 inserting ‘‘8 U.S.C. 1439’’; and 

10 (E) by striking ‘‘sections 286(m) and (n) 

11 of such Act (8 U.S.C. § 1356(m))’’ and insert12 ing ‘‘subsections (m) and (n) of section 286 of 

13 such Act (8 U.S.C. 1356)’’. 

14 (23) Section 2006(b)(2) is amended by redesig15 nating the second subparagraph (E) (as added by 

16 section 109(b)(2)(B) of Public Law 111–377 (124 

17 Stat. 4120), effective August 1, 2011) as subpara18 graph (F). 

19 (24) Section 2318(a)(2) is amended by striking 

20 ‘‘section 1705(b) and (c)’’ and inserting ‘‘sub21 sections (b) and (c) of section 1705’’. 

22 (25) Section 2350m(e) is amended by striking 

23 ‘‘Not later than October 31, 2009, and annually 

24 thereafter’’ and inserting ‘‘Not later than October 

25 31 each year’’. 


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1 (26) Section 2401 is amended by striking ‘‘the 

2 Committee on Armed Services and the Committee on 

3 Appropriations of the Senate and the Committee on 

4 Armed Services and the Committee on Appropria5 tions of the House of Representatives’’ in sub6 sections (b)(1)(B) and (h)(1) and inserting ‘‘the con7 gressional defense committees’’. 

8 (27) Section 2438(a)(3) is amended by insert9 ing ‘‘the senior’’ before ‘‘official’s’’. 

10 (28) Section 2461(d)(2) is amended by striking 

11 ‘‘that Act’’ and inserting ‘‘such section’’. 

12 (29) Section 2533a(k) is amended by striking 

13 ‘‘FedBizOps.gov’’ and inserting ‘‘FedBizOpps.gov’’. 

14 (30) Section 2548 is amended—

15 (A) in subsection (a)—

16 (i) by striking ‘‘Not later than’’ and 

17 all that follows through ‘‘the Secretary’’ 

18 and inserting ‘‘The Secretary’’; and 

19 (ii) by adding a period at the end of 

20 paragraph (3); 

21 (B) in subsection (d)—

22 (i) in the subsection heading, by in23 serting ‘‘AND’’ after ‘‘PERFORMANCE’’ the 

24 second place it appears; and 


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1 (ii) by striking ‘‘Beginning with fiscal 

2 year 2012, the’’ and inserting ‘‘The’’; and 

3 (C) in subsection (e)(1), by striking ‘‘, 

4 United States Code,’’. 

5 (31) Section 2561(f)(2) is amended by striking 

6 ‘‘Committee on International Relations’’ and insert7 ing ‘‘Committee on Foreign Affairs’’. 

8 (32) Section 2601a(a)(1) is amended by insert9 ing after ‘‘Coast Guard’’ the first place it appears 

10 the following: ‘‘when it is not operating as a service 

11 in the Navy’’. 

12 (33) Section 2687(f) is amended by striking ‘‘at 

13 a result’’ and inserting ‘‘as a result’’. 

14 (34) Section 2687a is amended—

15 (A) in subsection (a), by striking ‘‘Foreign 

16 relations’’ and inserting ‘‘Foreign Relations’’; 

17 and 

18 (B) in subsection (b)(1)—

19 (i) by striking the comma after ‘‘in20 cluding’’; and 

21 (ii) by striking ‘‘The Treaty’’ and in22 serting ‘‘the Treaty’’. 

23 (35) Section 2835 is amended—


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1 (A) in subsection (a), by inserting after 

2 ‘‘Coast Guard’’ the following: ‘‘when it is not 

3 operating as a service in the Navy’’; and 

4 (B) in subsection (g)(1), by inserting after 

5 ‘‘Coast Guard’’ the following: ‘‘when it is not 

6 operating as a service in the Navy’’. 

7 (36) Section 2836 is amended—

8 (A) in subsection (a), by inserting after 

9 ‘‘Coast Guard’’ the following: ‘‘when it is not 

10 operating as a service in the Navy’’; and 

11 (B) in paragraphs (4)(B) and (11) of sub12 section (c), by inserting after ‘‘Coast Guard’’ 

13 the following: ‘‘when it is not operating as a 

14 service in the Navy’’. 

15 (37) Section 3201(a) is amended by striking 

16 ‘‘(beginning with fiscal year 1999)’’. 

17 (38) Section 4342 is amended—

18 (A) in subsection (b)—

19 (i) in paragraph (1), by striking 

20 ‘‘clause’’ both places it appears and insert21 ing ‘‘paragraph’’; and 

22 (ii) in paragraph (5), by striking 

23 ‘‘clauses’’ and inserting ‘‘paragraphs’’; 

24 (B) in subsection (d), by striking ‘‘clauses’’ 

25 and inserting ‘‘paragraphs’’; and 


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1 (C) in subsection (f), by striking ‘‘clauses’’ 

2 and inserting ‘‘paragraphs’’. 

3 (39) Section 4343 is amended by striking 

4 ‘‘clauses’’ and inserting ‘‘paragraphs’’. 

5 (40) Section 6954 is amended—

6 (A) in subsection (b)—

7 (i) in paragraph (1), by striking 

8 ‘‘clause’’ both places it appears and insert9 ing ‘‘paragraph’’; and 

10 (ii) in paragraph (5), by striking 

11 ‘‘clauses’’ and inserting ‘‘paragraphs’’; and 

12 (B) in subsection (d), by striking ‘‘clauses’’ 

13 and inserting ‘‘paragraphs’’. 

14 (41) Section 6956(b) is amended by striking 

15 ‘‘clauses’’ and inserting ‘‘paragraphs’’. 

16 (42) Section 9342 is amended—

17 (A) in subsection (b)—

18 (i) in paragraph (1), by striking 

19 ‘‘clause’’ both places it appears and insert20 ing ‘‘paragraph’’; and 

21 (ii) in paragraph (5), by striking 

22 ‘‘clauses’’ and inserting ‘‘paragraphs’’; 

23 (B) in subsection (d), by striking ‘‘clauses’’ 

24 and inserting ‘‘paragraphs’’; and 


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1 (C) in subsection (f), by striking ‘‘clauses’’ 

2 and inserting ‘‘paragraphs’’. 

3 (43) Section 9343 is amended by striking 

4 ‘‘clauses’’ and inserting ‘‘paragraphs’’. 

5 (44) Section 9515(b) is amended by striking 

6 ‘‘required by’’ and all the follows through ‘‘2008’’ 

7 and inserting ‘‘required by section 356 of the Na8 tional Defense Authorization Act for Fiscal Year 

9 2008’’. 

10 (45) Section 10217(c)(3) is amended by strik11 ing ‘‘consider’’ and inserting ‘‘considered’’. 

12 (g) REPEAL OF EXPIRED PROVISIONS.—Title 10, 

13 United States Code, is amended as follows: 

14 (1) Section 1108 is amended—

15 (A) by striking subsections (j) and (k); and 

16 (B) by redesignating subsection (l) as sub17 section (j). 

18 (2) Section 2325 is amended by striking sub19 section (b) and redesignating subsection (c) as sub20 section (b). 

21 (3) Section 2349a is repealed, and the table of 

22 sections at the beginning of subchapter I of chapter 

23 138 is amended by striking the item relating to that 

24 section. 


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1 (4) Section 2374b is repealed, and the table of 

2 sections at the beginning of chapter 139 is amended 

3 by striking the item relating to that section. 

4 (h) AMENDMENTS TO TITLE 37.—Title 37, United 

5 States Code, is amended as follows: 

6 (1) Section 310(c)(1) is amended by striking 

7 ‘‘section for for’’ and inserting ‘‘section for’’. 

8 (2) Section 431, as transferred to chapter 8 of 

9 such title by section 631(d)(2) of the National De10 fense Authorization Act for Fiscal Year 2012 (Pub11 lic Law 112–81; 125 Stat. 1460), is redesignated as 

12 section 491. 

13 (3) Section 501(a)(5) is amended by striking ‘‘a 

14 reserve a component’’ and inserting ‘‘a reserve com15 ponent’’. 

16 (i) AMENDMENT TO TITLE 46.—Section 51301(a) of 

17 title 46, United States Code, is amended in the heading 

18 by striking ‘‘IN GENERAL’’ and inserting ‘‘IN GENERAL’’. 

19 (j) DUPLICATIVE PROVISION IN ARMED FORCES RE20 TIREMENT HOME ACT OF 1991.—Section 1511(d) of the 

21 Armed Forces Retirement Home Act of 1991 (24 U.S.C. 

22 411(d)) is amended by striking the first paragraph (3), 

23 leaving the second paragraph (3) added by section 561 

24 of Public Law 112–81 (125 Stat. 1420). 


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1 (k) CROSS REFERENCES AND DATE OF ENACTMENT

2 REFERENCES IN REINSTATEMENT OF TEMPORARY EARLY

3 RETIREMENT AUTHORITY.—Section 4403 of the National 

4 Defense Authorization Act for Fiscal Year 1993 (Public 

5 Law 102–484; 10 U.S.C. 1293 note), as amended by sec6 tion 504(b) of the National Defense Authorization Act for 

7 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1391), 

8 is amended—

9 (1) in subsection (c)(2)—

10 (A) in subparagraph (A), by striking 

11 ‘‘1995 (’’ and inserting ‘‘1995 (Public Law 

12 103–337;’’; and 

13 (B) in subparagraph (B), by striking 

14 ‘‘1995’’ and inserting ‘‘1996’’; 

15 (2) in subsection (h), by striking ‘‘the date of 

16 the enactment of the National Defense Authoriza17 tion Act for Fiscal Year 2012’’ and inserting ‘‘De18 cember 31, 2011,’’; and 

19 (3) in subsection (i)(2), by striking ‘‘the date of 

20 the enactment of the National Defense Authoriza21 tion Act for Fiscal Year 2012’’ and inserting ‘‘De22 cember 31, 2011,’’. 

23 (l) CORRECTION OF ERRONEOUS AMENDMENT IN24 STRUCTIONS.—Effective as of August 10, 2012, and as 

25 if included therein as enacted, section 2(c)(3) of Public 


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1 Law 112–166 (126 Stat. 1284) is amended by striking 

2 ‘‘Selective Service Act of 1948’’ and inserting ‘‘Military 

3 Selective Service Act’’. 

4 (m) COORDINATION WITH OTHER AMENDMENTS

5 MADE BY THIS ACT.—For purposes of applying amend6 ments made by provisions of this Act other than this sec7 tion, the amendments made by this section shall be treated 

8 as having been enacted immediately before any amend9 ment made by other provisions of this Act. 

10 SEC. 1077. SENSE OF CONGRESS ON RECOGNIZING AIR MO11 BILITY COMMAND ON ITS 20TH ANNIVER12 SARY. 

13 (a) FINDINGS.—Congress finds the following: 

14 (1) On June 1, 1992, Air Mobility Command 

15 was established as the Air Force’s functional com16 mand for cargo and passenger delivery, air refueling, 

17 and aeromedical evacuation. 

18 (2) As the lead Major Command for all Mobility 

19 Air Forces, Air Mobility Command ensures that the 

20 Air Force’s core functions of global vigilance, power, 

21 and reach are fulfilled. 

22 (3) The ability of the United States to rapidly 

23 respond to humanitarian disasters and the outbreak 

24 of hostilities anywhere in the world truly defines the 

25 United States as a global power. 


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1 (4) Mobility Air Forces Airmen are unified by 

2 one single purpose: to answer the call of others so 

3 they may prevail. 

4 (5) The United States’ hand of friendship to 

5 the world many times takes the form of Mobility Air 

6 Forces aircraft delivering humanitarian relief. Since 

7 its inception, Air Mobility Command has provided 

8 forces for 43 humanitarian relief efforts at home 

9 and abroad, from New Orleans, Louisiana, to Bam, 

10 Iran. 

11 (6) A Mobility Air Forces aircraft departs every 

12 2 minutes, 365 days a year. Since September 11, 

13 2001, Mobility Air Forces aircraft have flown 18.9 

14 million passengers, 6.8 million tons of cargo, and 

15 offloaded 2.2 billion pounds of fuel. Many of these 

16 flights have assisted combat aircraft protection 

17 United States forces from overhead. 

18 (7) The United States keeps its solemn promise 

19 to its men and women in uniform with Air Mobility 

20 Command, accomplishing 186,940 patient move21 ments since the beginning of Operation Iraqi Free22 dom. 

23 (8) Mobility Air Forces Airmen reflect the best 

24 values of the Nation: delivering hope, saving lives, 

25 and fueling the fight. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that, on the occasion of the 20th anniversary of the 

3 establishment of Air Mobility Command, the people of the 

4 United States should—

5 (1) recognize the critical role that Mobility Air 

6 Forces play in the Nation’s defense; and 

7 (2) express appreciation for the leadership of 

8 Air Mobility Command and the more than 134,000 

9 active-duty, Air National Guard, Air Force Reserve, 

10 and Department of Defense civilians that make up 

11 the command. 

12 SEC. 1078. DISSEMINATION ABROAD OF INFORMATION 

13 ABOUT THE UNITED STATES. 

14 (a) UNITED STATES INFORMATION AND EDU15 CATIONAL EXCHANGE ACT OF 1948.—Section 501 of the 

16 United States Information and Educational Exchange Act 

17 of 1948 (22 U.S.C. 1461) is amended to read as follows: 

18 ‘‘GENERAL AUTHORIZATION

19 ‘‘SEC. 501. (a) The Secretary and the Broadcasting 

20 Board of Governors are authorized to use funds appro21 priated or otherwise made available for public diplomacy 

22 information programs to provide for the preparation, dis23 semination, and use of information intended for foreign 

24 audiences abroad about the United States, its people, and 

25 its policies, through press, publications, radio, motion pic26 tures, the Internet, and other information media, includVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00821 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 ing social media, and through information centers, in2 structors, and other direct or indirect means of commu3 nication. 

4 ‘‘(b)(1) Except as provided in paragraph (2), the Sec5 retary and the Broadcasting Board of Governors may, 

6 upon request and reimbursement of the reasonable costs 

7 incurred in fulfilling such a request, make available, in the 

8 United States, motion pictures, films, video, audio, and 

9 other materials disseminated abroad pursuant to this Act, 

10 the United States International Broadcasting Act of 1994 

11 (22 U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba 

12 Act (22 U.S.C. 1465 et seq.), or the Television Broad13 casting to Cuba Act (22 U.S.C. 1465aa et seq.). Any reim14 bursement pursuant to this paragraph shall be credited 

15 to the applicable appropriation account of the Department 

16 of State or the Broadcasting Board of Governors, as ap17 propriate. The Secretary and the Broadcasting Board of 

18 Governors shall issue necessary regulations—

19 ‘‘(A) to establish procedures to maintain such 

20 material; 

21 ‘‘(B) for reimbursement of the reasonable costs 

22 incurred in fulfilling requests for such material; and 

23 ‘‘(C) to ensure that the persons seeking release 

24 of such material have secured and paid for necessary 

25 United States rights and licenses. 


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1 ‘‘(2) With respect to material disseminated abroad 

2 before the effective date of section 1078 of the National 

3 Defense Authorization Act for Fiscal Year 2013—

4 ‘‘(A) the Secretary and the Broadcasting Board 

5 of Governors shall make available to the Archivist of 

6 the United States, for domestic distribution, motion 

7 pictures, films, videotapes, and other material 12 

8 years after the initial dissemination of the material 

9 abroad; and 

10 ‘‘(B) the Archivist shall be the official custodian 

11 of the material and shall issue necessary regulations 

12 to ensure that persons seeking its release in the 

13 United States have secured and paid for necessary 

14 United States rights and licenses and that all costs 

15 associated with the provision of the material by the 

16 Archivist shall be paid by the persons seeking its re17 lease, in accordance with paragraph (4). 

18 ‘‘(3) The Archivist may undertake the functions de19 scribed in paragraph (1) on behalf of and at the request 

20 of the Secretary or the Broadcasting Board of Governors. 

21 ‘‘(4) The Archivist may charge fees to recover the 

22 costs described in paragraphs (1) and (2), in accordance 

23 with section 2116(c) of title 44, United States Code. Such 

24 fees shall be paid into, administered, and expended as part 

25 of the National Archives Trust Fund. 


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1 ‘‘(c) Nothing in this section may be construed to re2 quire the Secretary or the Broadcasting Board of Gov3 ernors to make material disseminated abroad available in 

4 any format other than in the format disseminated 

5 abroad.’’. 

6 (b) RULE OF CONSTRUCTION.—Nothing in this sec7 tion, or in the United States Information and Educational 

8 Exchange Act of 1948 (22 U.S.C. 1431 et seq.), may be 

9 construed to affect the allocation of funds appropriated 

10 or otherwise made specifically available for public diplo11 macy or to authorize appropriations for Broadcasting 

12 Board of Governors programming other than for foreign 

13 audiences abroad. 

14 (c) FOREIGN RELATIONS AUTHORIZATION ACT, FIS15 CAL YEARS 1986 AND 1987.—Section 208 of the Foreign 

16 Relations Authorization Act, Fiscal Years 1986 and 1987 

17 (22 U.S.C. 1461–1a) is amended to read as follows: 

18 ‘‘SEC. 208. CLARIFICATION ON DOMESTIC DISTRIBUTION OF 

19 PROGRAM MATERIAL. 

20 ‘‘(a) IN GENERAL.—No funds authorized to be ap21 propriated to the Department of State or the Broad22 casting Board of Governors shall be used to influence pub23 lic opinion in the United States. This section shall apply 

24 only to programs carried out pursuant to the United 

25 States Information and Educational Exchange Act of 


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1 1948 (22 U.S.C. 1431 et seq.), the United States Inter2 national Broadcasting Act of 1994 (22 U.S.C. 6201 et 

3 seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 

4 1465 et seq.), and the Television Broadcasting to Cuba 

5 Act (22 U.S.C. 1465aa et seq.). This section shall not pro6 hibit or delay the Department of State or the Broad7 casting Board of Governors from providing information 

8 about its operations, policies, programs, or program mate9 rial, or making such available, to the media, public, or 

10 Congress, in accordance with other applicable law. 

11 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to prohibit the Department of 

13 State or the Broadcasting Board of Governors from en14 gaging in any medium or form of communication, either 

15 directly or indirectly, because a United States domestic 

16 audience is or may be thereby exposed to program mate17 rial, or based on a presumption of such exposure. Such 

18 material may be made available within the United States 

19 and disseminated, when appropriate, pursuant to sections 

20 502 and 1005 of the United States Information and Edu21 cational Exchange Act of 1948 (22 U.S.C. 1462 and 

22 1437), except that nothing in this section may be con23 strued to authorize the Department of State or the Broad24 casting Board of Governors to disseminate within the 

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1 nation abroad on or before the effective date of section 

2 1078 of the National Defense Authorization Act for Fiscal 

3 Year 2013. 

4 ‘‘(c) APPLICATION.—The provisions of this section 

5 shall apply only to the Department of State and the 

6 Broadcasting Board of Governors and to no other depart7 ment or agency of the Federal Government.’’. 

8 (d) CONFORMING AMENDMENTS.—The United 

9 States Information and Educational Exchange Act of 

10 1948 is amended—

11 (1) in section 502 (22 U.S.C. 1462)—

12 (A) by inserting ‘‘and the Broadcasting 

13 Board of Governors’’ after ‘‘Secretary’’; and 

14 (B) by inserting ‘‘or the Broadcasting 

15 Board of Governors’’ after ‘‘Department’’; and 

16 (2) in section 1005 (22 U.S.C. 1437), by insert17 ing ‘‘and the Broadcasting Board of Governors’’ 

18 after ‘‘Secretary’’ each place it appears. 

19 (e) EFFECTIVE DATE.—This section shall take effect 

20 and apply on the date that is 180 days after the date of 

21 the enactment of this section. 

22 SEC. 1079. COORDINATION FOR COMPUTER NETWORK OP23 ERATIONS. 

24 (a) BRIEFING.—Not later than 90 days after the date 

25 of the enactment of this Act, the Secretary of Defense 


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1 shall provide to the Committees on Armed Services of the 

2 Senate and House of Representatives a briefing on the 

3 interagency process for coordinating and de-conflicting 

4 full-spectrum military cyber operations for the Federal 

5 Government. 

6 (b) ELEMENTS.— The briefing required under sub7 section (a) shall include a description of each of the fol8 lowing: 

9 (1) The business processes and rules governing 

10 the interagency process for coordinating and de-con11 flicting full-spectrum military cyber operations. 

12 (2) The membership and responsibilities of such 

13 interagency process. 

14 (3) The current status of interagency guidance 

15 clarifying roles and responsibilities for full-spectrum 

16 military cyber operations. 

17 (4) Plans for implementing the planning and 

18 guidance from such interagency process. 

19 (c) BUDGET JUSTIFICATION DOCUMENTS.—The Sec20 retary of Defense shall submit to the congressional defense 

21 committees dedicated budget documentation materials to 

22 accompany the budget submissions for fiscal year 2015 

23 and each subsequent fiscal year, including a single Depart24 ment of Defense-wide budget estimate and detailed budget 

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1 ations. Such materials shall be submitted in unclassified 

2 form but may include a classified annex. 

3 SEC. 1080. SENSE OF CONGRESS REGARDING UNAUTHOR4 IZED DISCLOSURES OF CLASSIFIED INFOR5 MATION. 

6 It is the sense of Congress that—

7 (1) unauthorized disclosures of classified infor8 mation can threaten the national security and for9 eign relations of the United States; 

10 (2) the Department of Defense has taken posi11 tive steps toward improving its policies, procedures, 

12 and enforcement mechanisms regarding unauthor13 ized disclosures of classified information and should 

14 continue to improve upon such policies, procedures, 

15 and enforcement mechanisms; 

16 (3) other departments and agencies of the Fed17 eral Government should undertake similar efforts, if 

18 such departments and agencies have not already 

19 done so; and 

20 (4) the Department of Justice should inves21 tigate possible violations of Federal law related to 

22 unauthorized disclosures of classified information, 

23 including disclosures related to military, intelligence, 

24 and operational capabilities of the United States and 

25 allies of the United States and, in appropriate cases, 


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1 individuals responsible for such unauthorized disclo2 sures should be prosecuted to the full extent of the 

3 law. 

4 SEC. 1081. TECHNICAL AMENDMENTS TO REPEAL STATU5 TORY REFERENCES TO UNITED STATES 

6 JOINT FORCES COMMAND. 

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

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

9 (B) The table of sections at the beginning of 

10 chapter 9 is amended by striking the item relating 

11 to section 232. 

12 (2) Section 2859(d) is amended—

13 (A) by striking paragraph (2); and 

14 (B) by redesignating paragraph (3) as 

15 paragraph (2). 

16 (3) Section 10503(13)(B) is amended—

17 (A) by striking clause (iii); and 

18 (B) redesignating clause (iv) as clause (iii). 

19 SEC. 1082. SENSE OF CONGRESS ON NON-UNITED STATES 

20 CITIZENS WHO ARE GRADUATES OF UNITED 

21 STATES EDUCATIONAL INSTITUTIONS WITH 

22 ADVANCED DEGREES IN SCIENCE, TECH23 NOLOGY, ENGINEERING, AND MATHEMATICS. 

24 It is the sense of Congress—


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1 (1) that the Department of Defense should 

2 make every reasonable and practical effort to in3 crease the number of United States citizens who 

4 pursue advanced degrees in science, technology, en5 gineering, and mathematics; and 

6 (2) to strongly urge the Department of Defense 

7 to investigate innovative mechanisms (subject to all 

8 appropriate security requirements) to access the pool 

9 of talent of non-United States citizens with advanced 

10 scientific and technical degrees from United States 

11 institutions of higher education, especially in those 

12 scientific and technical areas that are most vital to 

13 the national defense (such as those identified by the 

14 Assistant Secretary of Defense for Research and En15 gineering and the Armed Forces). 

16 SEC. 1083. SCIENTIFIC FRAMEWORK FOR RECALCITRANT 

17 CANCERS. 

18 Subpart 1 of part C of title IV of the Public Health 

19 Service Act (42 U.S.C. 285 et seq.) is amended by adding 

20 at the end the following: 

21 ‘‘SEC. 417G. SCIENTIFIC FRAMEWORK FOR RECALCITRANT 

22 CANCERS. 

23 ‘‘(a) DEVELOPMENT OF SCIENTIFIC FRAMEWORK.—

24 ‘‘(1) IN GENERAL.—For each recalcitrant can25 cer identified under subsection (b), the Director of 


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1 the Institute shall develop (in accordance with sub2 section (c)) a scientific framework for the conduct or 

3 support of research on such cancer. 

4 ‘‘(2) CONTENTS.—The scientific framework 

5 with respect to a recalcitrant cancer shall include the 

6 following: 

7 ‘‘(A) CURRENT STATUS.—

8 ‘‘(i) REVIEW OF LITERATURE.—A 

9 summary of findings from the current lit10 erature in the areas of—

11 ‘‘(I) the prevention, diagnosis, 

12 and treatment of such cancer; 

13 ‘‘(II) the fundamental biologic 

14 processes that regulate such cancer 

15 (including similarities and differences 

16 of such processes from the biological 

17 processes that regulate other cancers); 

18 and 

19 ‘‘(III) the epidemiology of such 

20 cancer. 

21 ‘‘(ii) SCIENTIFIC ADVANCES.—The 

22 identification of relevant emerging sci23 entific areas and promising scientific ad24 vances in basic, translational, and clinical 


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1 science relating to the areas described in 

2 subclauses (I) and (II) of clause (i). 

3 ‘‘(iii) RESEARCHERS.—A description 

4 of the availability of qualified individuals 

5 to conduct scientific research in the areas 

6 described in clause (i). 

7 ‘‘(iv) COORDINATED RESEARCH INI8 TIATIVES.—The identification of the types 

9 of initiatives and partnerships for the co10 ordination of intramural and extramural 

11 research of the Institute in the areas de12 scribed in clause (i) with research of the 

13 relevant national research institutes, Fed14 eral agencies, and non-Federal public and 

15 private entities in such areas. 

16 ‘‘(v) RESEARCH RESOURCES.—The 

17 identification of public and private re18 sources, such as patient registries and tis19 sue banks, that are available to facilitate 

20 research relating to each of the areas de21 scribed in clause (i). 

22 ‘‘(B) IDENTIFICATION OF RESEARCH

23 QUESTIONS.—The identification of research 

24 questions relating to basic, translational, and 

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1 clauses (I) and (II) of subparagraph (A)(i) that 

2 have not been adequately addressed with re3 spect to such recalcitrant cancer. 

4 ‘‘(C) RECOMMENDATIONS.—Recommenda5 tions for appropriate actions that should be 

6 taken to advance research in the areas de7 scribed in subparagraph (A)(i) and to address 

8 the research questions identified in subpara9 graph (B), as well as for appropriate bench10 marks to measure progress on achieving such 

11 actions, including the following: 

12 ‘‘(i) RESEARCHERS.—Ensuring ade13 quate availability of qualified individuals 

14 described in subparagraph (A)(iii). 

15 ‘‘(ii) COORDINATED RESEARCH INI16 TIATIVES.—Promoting and developing ini17 tiatives and partnerships described in sub18 paragraph (A)(iv). 

19 ‘‘(iii) RESEARCH RESOURCES.—Devel20 oping additional public and private re21 sources described in subparagraph (A)(v) 

22 and strengthening existing resources. 

23 ‘‘(3) TIMING.—

24 ‘‘(A) INITIAL DEVELOPMENT AND SUBSE25 QUENT UPDATE.—For each recalcitrant cancer 


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1 identified under subsection (b)(1), the Director 

2 of the Institute shall—

3 ‘‘(i) develop a scientific framework 

4 under this subsection not later than 18 

5 months after the date of the enactment of 

6 this section; and 

7 ‘‘(ii) review and update the scientific 

8 framework not later than 5 years after its 

9 initial development. 

10 ‘‘(B) OTHER UPDATES.—The Director of 

11 the Institute may review and update each sci12 entific framework developed under this sub13 section as necessary. 

14 ‘‘(4) PUBLIC NOTICE.—With respect to each 

15 scientific framework developed under subsection (a), 

16 not later than 30 days after the date of completion 

17 of the framework, the Director of the Institute 

18 shall—

19 ‘‘(A) submit such framework to the Com20 mittee on Energy and Commerce and Com21 mittee on Appropriations of the House of Rep22 resentatives, and the Committee on Health, 

23 Education, Labor, and Pensions and Committee 

24 on Appropriations of the Senate; and 


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1 ‘‘(B) make such framework publically 

2 available on the Internet website of the Depart3 ment of Health and Human Services. 

4 ‘‘(b) IDENTIFICATION OF RECALCITRANT CANCER.—

5 ‘‘(1) IN GENERAL.—Not later than 6 months 

6 after the date of the enactment of this section, the 

7 Director of the Institute shall identify two or more 

8 recalcitrant cancers that each—

9 ‘‘(A) have a 5-year relative survival rate of 

10 less than 20 percent; and 

11 ‘‘(B) are estimated to cause the death of at 

12 least 30,000 individuals in the United States 

13 per year. 

14 ‘‘(2) ADDITIONAL CANCERS.—The Director of 

15 the Institute may, at any time, identify other recal16 citrant cancers for purposes of this section. In iden17 tifying a recalcitrant cancer pursuant to the previous 

18 sentence, the Director may consider additional 

19 metrics of progress (such as incidence and mortality 

20 rates) against such type of cancer. 

21 ‘‘(c) WORKING GROUPS.—For each recalcitrant can22 cer identified under subsection (b), the Director of the In23 stitute shall convene a working group comprised of rep24 resentatives of appropriate Federal agencies and other 

25 non-Federal entities to provide expertise on, and assist in 


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1 developing, a scientific framework under subsection (a). 

2 The Director of the Institute (or the Director’s designee) 

3 shall participate in the meetings of each such working 

4 group. 

5 ‘‘(d) REPORTING.—

6 ‘‘(1) BIENNIAL REPORTS.—The Director of 

7 NIH shall ensure that each biennial report under 

8 section 403 includes information on actions under9 taken to carry out each scientific framework devel10 oped under subsection (a) with respect to a recal11 citrant cancer, including the following: 

12 ‘‘(A) Information on research grants 

13 awarded by the National Institutes of Health 

14 for research relating to such cancer. 

15 ‘‘(B) An assessment of the progress made 

16 in improving outcomes (including relative sur17 vival rates) for individuals diagnosed with such 

18 cancer. 

19 ‘‘(C) An update on activities pertaining to 

20 such cancer under the authority of section 

21 413(b)(7). 

22 ‘‘(2) ADDITIONAL ONE-TIME REPORT FOR CER23 TAIN FRAMEWORKS.—For each recalcitrant cancer 

24 identified under subsection (b)(1), the Director of 

25 the Institute shall, not later than 6 years after the 


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1 initial development of a scientific framework under 

2 subsection (a), submit a report to the Congress on 

3 the effectiveness of the framework (including the up4 date required by subsection (a)(3)(A)(ii)) in improv5 ing the prevention, detection, diagnosis, and treat6 ment of such cancer. 

7 ‘‘(e) RECOMMENDATIONS FOR EXCEPTION FUND8 ING.—The Director of the Institute shall consider each 

9 relevant scientific framework developed under subsection 

10 (a) when making recommendations for exception funding 

11 for grant applications. 

12 ‘‘(f) DEFINITION.—In this section, the term ‘recal13 citrant cancer’ means a cancer for which the five-year rel14 ative survival rate is below 50 percent.’’. 

15 SEC. 1084. PROTECTION OF VETERANS’ MEMORIALS. 

16 (a) TRANSPORTATION OF STOLEN MATERIALS.—

17 Section 2314 of title 18, United States Code, is amend18 ed—

19 (1) by striking ‘‘or any part thereof—’’ and in20 serting the following: ‘‘or any part thereof; or’’; 

21 (2) by inserting before ‘‘Shall be fined under 

22 this title’’ the following: 

23 ‘‘Whoever transports, transmits, or transfers in inter24 state or foreign commerce any veterans’ memorial object, 


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1 knowing the same to have been stolen, converted or taken 

2 by fraud—’’; 

3 (3) by inserting after ‘‘under this section is 

4 greater.’’ the following: ‘‘If the offense involves the 

5 transportation, transmission, or transfer in inter6 state or foreign commerce of veterans’ memorial ob7 jects with a value, in the aggregate, of less than 

8 $1,000, the defendant shall be fined under this title 

9 or imprisoned not more than one year, or both.’’; 

10 and 

11 (4) by adding at the end the following: 

12 ‘‘For purposes of this section the term ‘veterans’ me13 morial object’ means a grave marker, headstone, monu14 ment, or other object, intended to permanently honor a 

15 veteran or mark a veteran’s grave, or any monument that 

16 signifies an event of national military historical signifi17 cance.’’. 

18 (b) SALE OR RECEIPT OF STOLEN MEMORIALS.—

19 Section 2315 of title 18, United States Code, is amend20 ed—

21 (1) by striking ‘‘or any part thereof—’’ and in22 serting the following: ‘‘or any part thereof; or’’; and 

23 (2) by inserting before ‘‘Shall be fined under 

24 this title’’ the following: 


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1 ‘‘ ‘Whoever receives, possesses, conceals, stores, bar2 ters, sells, or disposes of any veterans’ memorial object 

3 which has crossed a State or United States boundary after 

4 being stolen, unlawfully converted, or taken, knowing the 

5 same to have been stolen, unlawfully converted, or taken—

6 ’ ’’; 

7 (3) by inserting after ‘‘under this section is 

8 greater.’’ the following: ‘‘If the offense involves the 

9 receipt, possession, concealment, storage, barter, 

10 sale, or disposal of veterans’ memorial objects with 

11 a value, in the aggregate, of less than $1,000, the 

12 defendant shall be fined under this title or impris13 oned not more than one year, or both.’’; and 

14 (4) by adding at the end the following: ‘‘For 

15 purposes of this section the term ‘veterans’ memorial 

16 object’ means a grave marker, headstone, monu17 ment, or other object, intended to permanently 

18 honor a veteran or mark a veteran’s grave, or any 

19 monument that signifies an event of national mili20 tary historical significance.’’. 

21 SEC. 1085. SENSE OF CONGRESS REGARDING SPECTRUM. 

22 It is the sense of Congress that—

23 (1) the United States mobile communications 

24 industry is a significant economic engine; 


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1 (2) while wireless carriers are continually imple2 menting new and more efficient technologies and 

3 techniques to maximize their existing spectrum ca4 pacity, there is a pressing need for additional spec5 trum for mobile broadband services; 

6 (3) as the United States faces the growing de7 mand for spectrum, consideration should be given to 

8 both the supply of spectrum for licensed networks 

9 and for unlicensed devices; 

10 (4) while such growing demand can be met in 

11 part by reallocating spectrum from existing non-gov12 ernmental uses, the long-term solution must include 

13 reallocation and sharing of Federal Government 

14 spectrum for private sector use; 

15 (5) recognizing the important uses of spectrum 

16 by the Federal Government, including for national 

17 security, law enforcement, and other critical Federal 

18 uses, existing law ensures that Federal operations 

19 are not harmed as a result of a reallocation of spec20 trum for commercial use, including through the es21 tablishment of the Spectrum Relocation Fund to re22 imburse Federal users for the costs of planning and 

23 implementing relocation and sharing arrangements 

24 and, with respect to spectrum vacated by the De25 partment of Defense, certification under section 


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1 1062(b) of the National Defense Authorization Act 

2 for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 

3 768) by the Secretary of Defense, the Secretary of 

4 Commerce, and the Chairman of the Joint Chiefs of 

5 Staff that replacement spectrum provides com6 parable technical characteristics to restore essential 

7 military capability; and 

8 (6) given the need to determine equitable out9 comes for the United States in relation to spectrum 

10 use that balance the demand of the private sector 

11 for spectrum with national security and other critical 

12 Federal missions, all interested parties should be en13 couraged to continue the collaborative efforts be14 tween industry and government stakeholders that 

15 have been launched by the National Telecommuni16 cations and Information Administration to assess 

17 and recommend practical frameworks for the devel18 opment of relocation, transition, and sharing ar19 rangement and plans for 110 megahertz of Federal 

20 spectrum in the 1695–1710 MHz and the 1755–

21 1850 MHz bands. 

22 SEC. 1086. PUBLIC SAFETY OFFICERS’ BENEFITS PROGRAM. 

23 (a) SHORT TITLE.—This section may be cited as the 

24 ‘‘Dale Long Public Safety Officers’ Benefits Improve25 ments Act of 2012’’. 


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1 (b) BENEFITS FOR CERTAIN NONPROFIT EMER2 GENCY MEDICAL SERVICE PROVIDERS; MISCELLANEOUS

3 AMENDMENTS.—

4 (1) IN GENERAL.—Title I of the Omnibus 

5 Crime Control and Safe Streets Act of 1968 (42 

6 U.S.C. 3711 et seq.) is amended—

7 (A) in section 901(a) (42 U.S.C. 

8 3791(a))—

9 (i) in paragraph (26), by striking 

10 ‘‘and’’ at the end; 

11 (ii) in paragraph (27), by striking the 

12 period at the end and inserting ‘‘; and’’; 

13 and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(28) the term ‘hearing examiner’ includes any 

17 medical or claims examiner.’’; 

18 (B) in section 1201 (42 U.S.C. 3796)—

19 (i) in subsection (a), by striking ‘‘fol20 lows:’’ and all that follows and inserting 

21 the following: ‘‘follows (if the payee indi22 cated is living on the date on which the de23 termination is made)—


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1 ‘‘(1) if there is no child who survived the public 

2 safety officer, to the surviving spouse of the public 

3 safety officer; 

4 ‘‘(2) if there is at least 1 child who survived the 

5 public safety officer and a surviving spouse of the 

6 public safety officer, 50 percent to the surviving 

7 child (or children, in equal shares) and 50 percent 

8 to the surviving spouse; 

9 ‘‘(3) if there is no surviving spouse of the public 

10 safety officer, to the surviving child (or children, in 

11 equal shares); 

12 ‘‘(4) if there is no surviving spouse of the public 

13 safety officer and no surviving child—

14 ‘‘(A) to the surviving individual (or individ15 uals, in shares per the designation, or, other16 wise, in equal shares) designated by the public 

17 safety officer to receive benefits under this sub18 section in the most recently executed designa19 tion of beneficiary of the public safety officer on 

20 file at the time of death with the public safety 

21 agency, organization, or unit; or 

22 ‘‘(B) if there is no individual qualifying 

23 under subparagraph (A), to the surviving indi24 vidual (or individuals, in equal shares) des25 ignated by the public safety officer to receive 


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1 benefits under the most recently executed life 

2 insurance policy of the public safety officer on 

3 file at the time of death with the public safety 

4 agency, organization, or unit; 

5 ‘‘(5) if there is no individual qualifying under 

6 paragraph (1), (2), (3), or (4), to the surviving par7 ent (or parents, in equal shares) of the public safety 

8 officer; or 

9 ‘‘(6) if there is no individual qualifying under 

10 paragraph (1), (2), (3), (4), or (5), to the surviving 

11 individual (or individuals, in equal shares) who 

12 would qualify under the definition of the term ‘child’ 

13 under section 1204 but for age.’’; 

14 (ii) in subsection (b)—

15 (I) by striking ‘‘direct result of a 

16 catastrophic’’ and inserting ‘‘direct 

17 and proximate result of a personal’’; 

18 (II) by striking ‘‘pay,’’ and all 

19 that follows through ‘‘the same’’ and 

20 inserting ‘‘pay the same’’; 

21 (III) by striking ‘‘in any year’’ 

22 and inserting ‘‘to the public safety of23 ficer (if living on the date on which 

24 the determination is made)’’; 


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1 (IV) by striking ‘‘in such year, 

2 adjusted’’ and inserting ‘‘with respect 

3 to the date on which the catastrophic 

4 injury occurred, as adjusted’’; 

5 (V) by striking ‘‘, to such offi6 cer’’; 

7 (VI) by striking ‘‘the total’’ and 

8 all that follows through ‘‘For’’ and in9 serting ‘‘for’’; and 

10 (VII) by striking ‘‘That these’’ 

11 and all that follows through the pe12 riod, and inserting ‘‘That the amount 

13 payable under this subsection shall be 

14 the amount payable as of the date of 

15 catastrophic injury of such public 

16 safety officer.’’; 

17 (iii) in subsection (f)—

18 (I) in paragraph (1), by striking 

19 ‘‘, as amended (D.C. Code, sec. 4–

20 622); or’’ and inserting a semicolon; 

21 (II) in paragraph (2)—

22 (aa) by striking ‘‘. Such 

23 beneficiaries shall only receive 

24 benefits under such section 8191 

25 that’’ and inserting ‘‘, such that 


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1 beneficiaries shall receive only 

2 such benefits under such section 

3 8191 as’’; and 

4 (bb) by striking the period 

5 at the end and inserting ‘‘; or’’; 

6 and 

7 (III) by adding at the end the 

8 following: 

9 ‘‘(3) payments under the September 11th Vic10 tim Compensation Fund of 2001 (49 U.S.C. 40101 

11 note; Public Law 107–42).’’; 

12 (iv) by amending subsection (k) to 

13 read as follows: 

14 ‘‘(k) As determined by the Bureau, a heart attack, 

15 stroke, or vascular rupture suffered by a public safety offi16 cer shall be presumed to constitute a personal injury with17 in the meaning of subsection (a), sustained in the line of 

18 duty by the officer and directly and proximately resulting 

19 in death, if—

20 ‘‘(1) the public safety officer, while on duty—

21 ‘‘(A) engages in a situation involving non22 routine stressful or strenuous physical law en23 forcement, fire suppression, rescue, hazardous 

24 material response, emergency medical services, 


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1 prison security, disaster relief, or other emer2 gency response activity; or 

3 ‘‘(B) participates in a training exercise in4 volving nonroutine stressful or strenuous phys5 ical activity; 

6 ‘‘(2) the heart attack, stroke, or vascular rup7 ture commences—

8 ‘‘(A) while the officer is engaged or partici9 pating as described in paragraph (1); 

10 ‘‘(B) while the officer remains on that duty 

11 after being engaged or participating as de12 scribed in paragraph (1); or 

13 ‘‘(C) not later than 24 hours after the offi14 cer is engaged or participating as described in 

15 paragraph (1); and 

16 ‘‘(3) the heart attack, stroke, or vascular rup17 ture directly and proximately results in the death of 

18 the public safety officer, 

19 unless competent medical evidence establishes that the 

20 heart attack, stroke, or vascular rupture was unrelated to 

21 the engagement or participation or was directly and proxi22 mately caused by something other than the mere presence 

23 of cardiovascular-disease risk factors.’’; and 

24 (v) by adding at the end the following: 


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1 ‘‘(n) The public safety agency, organization, or unit 

2 responsible for maintaining on file an executed designation 

3 of beneficiary or executed life insurance policy for pur4 poses of subsection (a)(4) shall maintain the confiden5 tiality of the designation or policy in the same manner 

6 as the agency, organization, or unit maintains personnel 

7 or other similar records of the public safety officer.’’; 

8 (C) in section 1202 (42 U.S.C. 3796a)—

9 (i) by striking ‘‘death’’, each place it 

10 appears except the second place it appears, 

11 and inserting ‘‘fatal’’; and 

12 (ii) in paragraph (1), by striking ‘‘or 

13 catastrophic injury’’ the second place it ap14 pears and inserting ‘‘, disability, or in15 jury’’; 

16 (D) in section 1203 (42 U.S.C. 3796a–

17 1)—

18 (i) in the section heading, by striking 

19 ‘‘WHO HAVE DIED IN THE LINE OF DUTY’’ 

20 and inserting ‘‘WHO HAVE SUSTAINED

21 FATAL OR CATASTROPHIC INJURY IN THE

22 LINE OF DUTY’’; and 

23 (ii) by striking ‘‘who have died in the 

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1 tained fatal or catastrophic injury in the 

2 line of duty’’; 

3 (E) in section 1204 (42 U.S.C. 3796b)—

4 (i) in paragraph (1), by striking ‘‘con5 sequences of an injury that’’ and inserting 

6 ‘‘an injury, the direct and proximate con7 sequences of which’’; 

8 (ii) in paragraph (3)—

9 (I) in the matter preceding clause 

10 (i)—

11 (aa) by inserting ‘‘or perma12 nently and totally disabled’’ after 

13 ‘‘deceased’’; and 

14 (bb) by striking ‘‘death’’ and 

15 inserting ‘‘fatal or catastrophic 

16 injury’’; and 

17 (II) by redesignating clauses (i), 

18 (ii), and (iii) as subparagraphs (A), 

19 (B), and (C), respectively; 

20 (iii) in paragraph (5)—

21 (I) by striking ‘‘post-mortem’’ 

22 each place it appears and inserting 

23 ‘‘post-injury’’; 


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1 (II) by redesignating clauses (i) 

2 and (ii) as subparagraphs (A) and 

3 (B), respectively; and 

4 (III) in subparagraph (B), as so 

5 redesignated, by striking ‘‘death’’ and 

6 inserting ‘‘fatal or catastrophic in7 jury’’; 

8 (iv) in paragraph (7), by striking 

9 ‘‘public employee member of a rescue 

10 squad or ambulance crew;’’ and inserting 

11 ‘‘employee or volunteer member of a rescue 

12 squad or ambulance crew (including a 

13 ground or air ambulance service) that—

14 ‘‘(A) is a public agency; or 

15 ‘‘(B) is (or is a part of) a nonprofit entity 

16 serving the public that—

17 ‘‘(i) is officially authorized or licensed 

18 to engage in rescue activity or to provide 

19 emergency medical services; and 

20 ‘‘(ii) engages in rescue activities or 

21 provides emergency medical services as 

22 part of an official emergency response sys23 tem;’’; and 

24 (v) in paragraph (9)—


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1 (I) in subparagraph (A), by strik2 ing ‘‘as a chaplain, or as a member of 

3 a rescue squad or ambulance crew;’’ 

4 and inserting ‘‘or as a chaplain;’’; 

5 (II) in subparagraph (B)(ii), by 

6 striking ‘‘or’’ after the semicolon; 

7 (III) in subparagraph (C)(ii), by 

8 striking the period and inserting ‘‘; 

9 or’’; and 

10 (IV) by adding at the end the fol11 lowing: 

12 ‘‘(D) a member of a rescue squad or am13 bulance crew who, as authorized or licensed by 

14 law and by the applicable agency or entity, is 

15 engaging in rescue activity or in the provision 

16 of emergency medical services.’’; 

17 (F) in section 1205 (42 U.S.C. 3796c), by 

18 adding at the end the following: 

19 ‘‘(d) Unless expressly provided otherwise, any ref20 erence in this part to any provision of law not in this part 

21 shall be understood to constitute a general reference under 

22 the doctrine of incorporation by reference, and thus to in23 clude any subsequent amendments to the provision.’’; 

24 (G) in each of subsections (a) and (b) of 

25 section 1212 (42 U.S.C. 3796d–1), sections 


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1 1213 and 1214 (42 U.S.C. 3796d–2 and 

2 3796d–3), and subsections (b) and (c) of sec3 tion 1216 (42 U.S.C. 3796d–5), by striking 

4 ‘‘dependent’’ each place it appears and inserting 

5 ‘‘person’’; 

6 (H) in section 1212 (42 U.S.C. 3796d–

7 1)—

8 (i) in subsection (a)—

9 (I) in paragraph (1), in the mat10 ter preceding subparagraph (A), by 

11 striking ‘‘Subject’’ and all that follows 

12 through ‘‘, the’’ and inserting ‘‘The’’; 

13 and 

14 (II) in paragraph (3), by striking 

15 ‘‘reduced by’’ and all that follows 

16 through ‘‘(B) the amount’’ and insert17 ing ‘‘reduced by the amount’’; 

18 (ii) in subsection (c)—

19 (I) in the subsection heading, by 

20 striking ‘‘DEPENDENT’’; and 

21 (II) by striking ‘‘dependent’’; 

22 (I) in paragraphs (2) and (3) of section 

23 1213(b) (42 U.S.C. 3796d–2(b)), by striking 

24 ‘‘dependent’s’’ each place it appears and insert25 ing ‘‘person’s’’; 


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1 (J) in section 1216 (42 U.S.C. 3796d–

2 5)—

3 (i) in subsection (a), by striking ‘‘each 

4 dependent’’ each place it appears and in5 serting ‘‘a spouse or child’’; and 

6 (ii) by striking ‘‘dependents’’ each 

7 place it appears and inserting ‘‘a person’’; 

8 and 

9 (K) in section 1217(3)(A) (42 U.S.C. 

10 3796d–6(3)(A)), by striking ‘‘described in’’ and 

11 all that follows and inserting ‘‘an institution of 

12 higher education, as defined in section 102 of 

13 the Higher Education Act of 1965 (20 U.S.C. 

14 1002); and’’. 

15 (2) AMENDMENT RELATED TO EXPEDITED PAY16 MENT FOR PUBLIC SAFETY OFFICERS INVOLVED IN

17 THE PREVENTION, INVESTIGATION, RESCUE, OR RE18 COVERY EFFORTS RELATED TO A TERRORIST AT19 TACK.—Section 611(a) of the Uniting and Strength20 ening America by Providing Appropriate Tools Re21 quired to Intercept and Obstruct Terrorism Act of 

22 2001 (42 U.S.C. 3796c–1(a)) is amended by insert23 ing ‘‘or an entity described in section 1204(7)(B) of 

24 the Omnibus Crime Control and Safe Streets Act of 


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1 1968 (42 U.S.C. 3796b(7)(B))’’ after ‘‘employed by 

2 such agency’’. 

3 (3) CONFORMING AMENDMENTS.—The Internal 

4 Revenue Code of 1986 is amended—

5 (A) in section 402(l)(4)(C), by inserting 

6 before the period at the end the following: ‘‘, as 

7 in effect immediately before the enactment of 

8 the National Defense Authorization Act for Fis9 cal Year 2013’’; and 

10 (B) in section 101(h)(1), by inserting after 

11 ‘‘1968’’ the following: ‘‘, as in effect imme12 diately before the enactment of the National 

13 Defense Authorization Act for Fiscal Year 

14 2013’’. 

15 (c) AUTHORIZATION OF APPROPRIATIONS; DETER16 MINATIONS; APPEALS.—The matter under the heading 

17 ‘‘PUBLIC SAFETY OFFICERS BENEFITS’’ under the heading 

18 ‘‘OFFICE OF JUSTICE PROGRAMS’’ under title II of divi19 sion B of the Consolidated Appropriations Act, 2008 

20 (Public Law 110–161; 121 Stat. 1912; 42 U.S.C. 3796c–

21 2) is amended—

22 (1) by striking ‘‘decisions’’ and inserting ‘‘de23 terminations’’; 

24 (2) by striking ‘‘(including those, and any re25 lated matters, pending)’’; and 


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1 (3) by striking the period at the end and insert2 ing the following: ‘‘: Provided further, That, on and 

3 after the date of enactment of the Dale Long Public 

4 Safety Officers’ Benefits Improvements Act of 2012, 

5 as to each such statute—

6 ‘‘(1) the provisions of section 1001(a)(4) of 

7 such title I (42 U.S.C. 3793(a)(4)) shall apply; 

8 ‘‘(2) payment (consistent with section 611 of 

9 the Uniting and Strengthening America By Pro10 viding Appropriate Tools Required to Intercept and 

11 Obstruct Terrorism Act of 2001 (42 U.S.C. 3796c12 1)) shall be made only upon a determination by the 

13 Bureau that the facts legally warrant the payment; 

14 and 

15 ‘‘(3) any reference to section 1202 of such title 

16 I shall be deemed to be a reference to paragraphs 

17 (2) and (3) of such section 1202: 

18 Provided further, That, on and after the date of enactment 

19 of the Dale Long Public Safety Officers’ Benefits Im20 provements Act of 2012, no appeal shall bring any final 

21 determination of the Bureau before any court for review 

22 unless notice of appeal is filed (within the time specified 

23 herein and in the manner prescribed for appeal to United 

24 States courts of appeals from United States district 

25 courts) not later than 90 days after the date on which 


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1 the Bureau serves notice of the final determination: Pro2 vided further, That any regulations promulgated by the 

3 Bureau under such part (or any such statute) before, on, 

4 or after the date of enactment of the Dale Long Public 

5 Safety Officers’ Benefits Improvements Act of 2012 shall 

6 apply to any matter pending on, or filed or accruing after, 

7 the effective date specified in the regulations.’’. 

8 (d) EFFECTIVE DATE.—

9 (1) IN GENERAL.—Except as provided in para10 graph (1), the amendments made by this section 

11 shall—

12 (A) take effect on the date of enactment of 

13 this Act; and 

14 (B) apply to any matter pending, before 

15 the Bureau of Justice Assistance or otherwise, 

16 on the date of enactment of this Act, or filed 

17 or accruing after that date. 

18 (2) EXCEPTIONS.—

19 (A) RESCUE SQUADS AND AMBULANCE

20 CREWS.—For a member of a rescue squad or 

21 ambulance crew (as defined in section 1204(7) 

22 of title I of the Omnibus Crime Control and 

23 Safe Streets Act of 1968, as amended by this 

24 section), the amendments made by this Act 


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1 shall apply to injuries sustained on or after 

2 June 1, 2009. 

3 (B) HEART ATTACKS, STROKES, AND VAS4 CULAR RUPTURES.—Section 1201(k) of title I 

5 of the Omnibus Crime Control and Safe Streets 

6 Act of 1968, as amended by this section, shall 

7 apply to heart attacks, strokes, and vascular 

8 ruptures sustained on or after December 15, 

9 2003. 

10 SEC. 1087. REMOVAL OF ACTION. 

11 Section 1442 of title 28, United States Code, is 

12 amended by striking subsection (c) and inserting the fol13 lowing: 

14 ‘‘(c) Solely for purposes of determining the propriety 

15 of removal under subsection (a), a law enforcement officer, 

16 who is the defendant in a criminal prosecution, shall be 

17 deemed to have been acting under the color of his office 

18 if the officer—

19 ‘‘(1) protected an individual in the presence of 

20 the officer from a crime of violence; 

21 ‘‘(2) provided immediate assistance to an indi22 vidual who suffered, or who was threatened with, 

23 bodily harm; or 

24 ‘‘(3) prevented the escape of any individual who 

25 the officer reasonably believed to have committed, or 


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1 was about to commit, in the presence of the officer, 

2 a crime of violence that resulted in, or was likely to 

3 result in, death or serious bodily injury. 

4 ‘‘(d) In this section, the following definitions apply: 

5 ‘‘(1) The terms ‘civil action’ and ‘criminal pros6 ecution’ include any proceeding (whether or not an7 cillary to another proceeding) to the extent that in 

8 such proceeding a judicial order, including a sub9 poena for testimony or documents, is sought or 

10 issued. If removal is sought for a proceeding de11 scribed in the previous sentence, and there is no 

12 other basis for removal, only that proceeding may be 

13 removed to the district court. 

14 ‘‘(2) The term ‘crime of violence’ has the mean15 ing given that term in section 16 of title 18. 

16 ‘‘(3) The term ‘law enforcement officer’ means 

17 any employee described in subparagraph (A), (B), or 

18 (C) of section 8401(17) of title 5 and any special 

19 agent in the Diplomatic Security Service of the De20 partment of State. 

21 ‘‘(4) The term ‘serious bodily injury’ has the 

22 meaning given that term in section 1365 of title 18. 

23 ‘‘(5) The term ‘State’ includes the District of 

24 Columbia, United States territories and insular posVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00858 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 sessions, and Indian country (as defined in section 

2 1151 of title 18). 

3 ‘‘(6) The term ‘State court’ includes the Supe4 rior Court of the District of Columbia, a court of a 

5 United States territory or insular possession, and a 

6 tribal court.’’. 

7 SEC. 1088. TRANSPORT FOR FEMALE GENITAL MUTILA8 TION. 

9 Section 116 of title 18, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(d) Whoever knowingly transports from the United 

12 States and its territories a person in foreign commerce for 

13 the purpose of conduct with regard to that person that 

14 would be a violation of subsection (a) if the conduct oc15 curred within the United States, or attempts to do so, 

16 shall be fined under this title or imprisoned not more than 

17 5 years, or both.’’. 

18 SEC. 1089. AMENDMENTS TO LAW ENFORCEMENT OFFICER 

19 SAFETY PROVISIONS OF TITLE 18. 

20 Chapter 44 of title 18, United States Code, is amend21 ed—

22 (1) in section 926B—

23 (A) in subsection (c)(1), by inserting ‘‘or 

24 apprehension under section 807(b) of title 10, 


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1 United States Code (article 7(b) of the Uniform 

2 Code of Military Justice)’’ after ‘‘arrest’’; 

3 (B) in subsection (d), by striking ‘‘as a law 

4 enforcement officer’’ and inserting ‘‘that identi5 fies the employee as a police officer or law en6 forcement officer of the agency’’; and 

7 (C) in subsection (f), by inserting ‘‘or ap8 prehension under section 807(b) of title 10, 

9 United States Code (article 7(b) of the Uniform 

10 Code of Military Justice)’’ after ‘‘arrest’’; and 

11 (2) in section 926C—

12 (A) in subsection (c)(2), by inserting ‘‘or 

13 apprehension under section 807(b) of title 10, 

14 United States Code (article 7(b) of the Uniform 

15 Code of Military Justice)’’ after ‘‘arrest’’; and 

16 (B) in subsection (d)—

17 (i) in paragraph (1), by striking ‘‘that 

18 indicates’’ and inserting ‘‘that identifies 

19 the person as having been employed as a 

20 police officer or law enforcement officer 

21 and indicates’’; and 

22 (ii) in paragraph (2)(A), by inserting 

23 ‘‘that identifies the person as having been 

24 employed as a police officer or law enforce25 ment officer’’ after ‘‘officer’’. 


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1 SEC. 1090. REAUTHORIZATION OF SALE OF AIRCRAFT AND 

2 PARTS FOR WILDFIRE SUPPRESSION PUR3 POSES. 

4 Section 2 of the Wildfire Suppression Aircraft Trans5 fer Act of 1996 (10 U.S.C. 2576 note) is amended—

6 (1) in subsection (a), by striking ‘‘during the 

7 period beginning on October 1, 1996, and ending on 

8 September 30, 2005’’ and inserting ‘‘during a period 

9 specified in subsection (g)’’; 

10 (2) by redesignating subsection (g) as sub11 section (h); and 

12 (3) by inserting after subsection (f) the fol13 lowing new subsection (g): 

14 ‘‘(g) PERIODS FOR EXERCISE OF AUTHORITY.—The 

15 periods specified in this subsection are the following: 

16 ‘‘(1) The period beginning on October 1, 1996, 

17 and ending on September 30, 2005. 

18 ‘‘(2) The period beginning on October 1, 2012, 

19 and ending on September 30, 2017.’’. 

20 SEC. 1091. TRANSFER OF EXCESS AIRCRAFT TO OTHER DE21 PARTMENTS OF THE FEDERAL GOVERN22 MENT. 

23 (a) TRANSFER.—The Secretary of Defense may 

24 transfer excess aircraft specified in subsection (b) to the 

25 Secretary of Agriculture and the Secretary of Homeland 

26 Security for use by the Forest Service and the United 


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1 States Coast Guard. The transfer of any excess aircraft 

2 under this subsection shall be without reimbursement. 

3 (b) AIRCRAFT.—The aircraft transferred under sub4 section (a) are aircraft of the Department of Defense that 

5 are—

6 (1) identified by the Forest Service or the 

7 United States Coast Guard as a suitable platform to 

8 carry out their respective missions; 

9 (2) excess to the needs of the Department of 

10 Defense, as determined by the Secretary of Defense; 

11 (3) in the case of aircraft to be transferred to 

12 the Secretary of Agriculture, acceptable for use by 

13 the Forest Service, as determined by the Secretary 

14 of Agriculture; and 

15 (4) in the case of aircraft to be transferred to 

16 the Secretary of Homeland Security, acceptable for 

17 use by the United States Coast Guard, as deter18 mined by the Secretary of Homeland Security. 

19 (c) LIMITATION ON NUMBER.—

20 (1) LIMITATION.—Except as provided in para21 graph (2), the number of aircraft that may be trans22 ferred under subsection (a) to each of the Secretary 

23 of Agriculture and the Secretary of Homeland Secu24 rity may not exceed seven aircraft for each agency. 


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1 (2) TERMINATION OF LIMITATION AFTER OFFI2 CIAL NOTICE OF INTENT TO ACCEPT OR DECLINE

3 SEVEN AIRCRAFT.—The limitation in paragraph (1) 

4 on the number of aircraft transferrable under sub5 section (a) shall cease upon official notice to the 

6 Secretary of Defense, from the Secretary of Agri7 culture, and the Secretary of Homeland Security 

8 that the Secretary’s respective department will de9 cline or accept seven aircraft. 

10 (d) ORDER OF TRANSFERS.—

11 (1) RIGHTS OF REFUSAL.—In implementing the 

12 transfers authorized by subsection (a), the Secretary 

13 of Defense shall afford the Secretary of Agriculture 

14 the right of first refusal and the Secretary of Home15 land Security the second right of refusal in the 

16 transfer to each department by the Secretary of De17 fense of up to seven excess aircraft specified in sub18 section (b) before the transfer of such excess aircraft 

19 is offered to any other department or agency of the 

20 Federal Government. 

21 (2) EXPIRATION OF RIGHT OF FIRST RE22 FUSAL.—The right of first refusal afforded the Sec23 retary of Agriculture by paragraph (1) shall expire 

24 upon official notice of the Secretary to the Secretary 

25 of Defense under subsection (c)(2). 


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1 (e) CONDITIONS OF CERTAIN TRANSFERS.—Excess 

2 aircraft transferred to the Secretary of Agriculture under 

3 subsection (a)—

4 (1) may be used only for wildfire suppression 

5 purposes; and 

6 (2) may not be flown or otherwise removed 

7 from the United States unless dispatched by the Na8 tional Interagency Fire Center in support of an 

9 international agreement to assist in wildfire suppres10 sion efforts or for other purposes approved by the 

11 Secretary of Agriculture in writing in advance. 

12 (f) ADDITIONAL LIMITATION.—Excess aircraft trans13 ferred under subsection (a) may not be sold by the Sec14 retary of Agriculture or the Secretary of Homeland Secu15 rity after transfer. 

16 (g) COSTS AFTER TRANSFER.—Any costs of oper17 ation, maintenance, sustainment, and disposal of excess 

18 aircraft transferred under subsection (a) after the date of 

19 transfer shall be borne by the Secretary of Agriculture and 

20 the Secretary of Homeland Security, as applicable. 

21 TITLE XI—CIVILIAN PERSONNEL 

22 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. 


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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. Interagency personnel rotations.

1 SEC. 1101. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

2 ANNUAL LIMITATION ON PREMIUM PAY AND 

3 AGGREGATE LIMITATION ON PAY FOR FED4 ERAL CIVILIAN EMPLOYEES WORKING OVER5 SEAS. 

6 Effective January 1, 2013, section 1101(a) of the 

7 Duncan Hunter National Defense Authorization Act for 

8 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), 

9 as most recently amended by section 1104 of the National 

10 Defense Authorization Act for Fiscal Year 2012 (Public 

11 Law 112–81; 125 Stat. 1612), is further amended by 

12 striking ‘‘through 2012’’ and inserting ‘‘through 2013’’. 

13 SEC. 1102. EXPANSION OF EXPERIMENTAL PERSONNEL 

14 PROGRAM FOR SCIENTIFIC AND TECHNICAL 

15 PERSONNEL AT THE DEFENSE ADVANCED 

16 RESEARCH PROJECTS AGENCY. 

17 (a) EXPANSION.—Section 1101(b)(1)(A) of the 

18 Strom Thurmond National Defense Authorization Act for 

19 Fiscal Year 1999 (5 U.S.C. 3104 note) is amended by 

20 striking ‘‘40’’ and inserting ‘‘60’’. 


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1 (b) CONSTRUCTION.—The amendment made by sub2 section (a) shall not be construed as affecting any applica3 ble authorization or delimitation of the numbers of per4 sonnel that may be employed at the Defense Advanced Re5 search Projects Agency. 

6 SEC. 1103. EXTENSION OF AUTHORITY TO FILL SHORTAGE 

7 CATEGORY POSITIONS FOR CERTAIN FED8 ERAL ACQUISITION POSITIONS FOR CIVILIAN 

9 AGENCIES. 

10 Section 1703(j)(2) of title 41, United States Code, 

11 is amended by striking ‘‘September 30, 2012’’ and insert12 ing ‘‘September 30, 2017’’. 

13 SEC. 1104. ONE-YEAR EXTENSION OF DISCRETIONARY AU14 THORITY TO GRANT ALLOWANCES, BENE15 FITS, AND GRATUITIES TO PERSONNEL ON 

16 OFFICIAL DUTY IN A COMBAT ZONE. 

17 Paragraph (2) of section 1603(a) of the Emergency 

18 Supplemental Appropriations Act for Defense, the Global 

19 War on Terror, and Hurricane Recovery, 2006 (Public 

20 Law 109–234; 120 Stat. 443), as added by section 1102 

21 of the Duncan Hunter National Defense Authorization 

22 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

23 4616) and amended by section 1112 of the National De24 fense Authorization Act for Fiscal Year 2012 (Public Law 


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1 112–81; 125 Stat. 1616), is further amended by striking 

2 ‘‘2013’’ and inserting ‘‘2014’’. 

3 SEC. 1105. POLICY ON SENIOR MENTORS. 

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

5 provide written notice to the congressional defense com6 mittees at least 60 days before implementing any change 

7 in the policy regarding senior mentors issued on or about 

8 April 1, 2010. 

9 (b) APPLICABILITY.—Changes implemented before 

10 the date of the enactment of this Act shall not be affected 

11 by this section. 

12 SEC. 1106. AUTHORITY TO PAY FOR THE TRANSPORT OF 

13 FAMILY HOUSEHOLD PETS FOR FEDERAL EM14 PLOYEES DURING CERTAIN EVACUATION OP15 ERATIONS. 

16 Section 5725 of title 5, United States Code, is 

17 amended—

18 (1) in subsection (a), in the matter following 

19 paragraph (2), by striking ‘‘and personal effects,’’ 

20 and inserting ‘‘, personal effects, and family house21 hold pets,’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(c)(1) The expenses authorized under subsection (a) 

24 shall, with respect to the transport of family household 


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1 pets, include the expenses for the shipment of and the pay2 ment of any quarantine costs for such pets. 

3 ‘‘(2) Any payment or reimbursement under this sec4 tion in connection with the transport of family household 

5 pets shall be subject to terms and conditions which—

6 ‘‘(A) the head of the agency shall by regulation 

7 prescribe; and 

8 ‘‘(B) shall, to the extent practicable, be the 

9 same as would apply under regulations prescribed 

10 under section 476(b)(1)(H)(iii) of title 37 in connec11 tion with the transport of family household pets of 

12 members of the uniformed services, including regula13 tions relating to the types, size, and number of pets 

14 for which such payment or reimbursement may be 

15 provided.’’. 

16 SEC. 1107. INTERAGENCY PERSONNEL ROTATIONS. 

17 (a) FINDING AND PURPOSE.—

18 (1) FINDING.—Congress finds that the national 

19 security and homeland security challenges of the 

20 21st century require that executive branch personnel 

21 use a whole-of-Government approach in order for the 

22 United States Government to operate in the most ef23 fective and efficient manner. 

24 (2) PURPOSE.—The purpose of this section is 

25 to increase the efficiency and effectiveness of the 


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1 Government by fostering greater interagency experi2 ence among executive branch personnel on national 

3 security and homeland security matters involving 

4 more than 1 agency. 

5 (b) COMMITTEE ON NATIONAL SECURITY PER6 SONNEL.—

7 (1) ESTABLISHMENT.—There is established a 

8 Committee on National Security Personnel within 

9 the Executive Office of the President. 

10 (2) MEMBERSHIP.—The members of the Com11 mittee shall include—

12 (A) designees of the Director of the Office 

13 of Management and Budget, the Director of the 

14 Office of Personnel Management, the Assistant 

15 to the President for National Security Affairs, 

16 the Secretary of Defense, the Secretary of 

17 State, and the Secretary of Homeland Security 

18 (1 member to be designated by each); and 

19 (B) such other members as the President 

20 shall designate. 

21 (c) PROGRAM ESTABLISHED.—

22 (1) Not later than 270 days after the date of 

23 the enactment of this Act, the Committee on Na24 tional Security Personnel, in consultation with rep25 resentatives of such other agencies as the Committee 


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1 determines to be appropriate, shall develop and issue 

2 a National Security Human Capital Strategy pro3 viding policies, processes, and procedures for a pro4 gram for the interagency rotation of personnel 

5 among positions within National Security Inter6 agency Communities of Interest. 

7 (2) The strategy required by paragraph (1) 

8 shall, at a minimum—

9 (A) identify specific Interagency Commu10 nities of Interest for the purpose of carrying 

11 out the program; 

12 (B) designate agencies to be included or 

13 excluded from the program; 

14 (C) define categories of positions to be cov15 ered by the program; 

16 (D) establish processes by which the heads 

17 of relevant agencies may identify—

18 (i) positions in Interagency Commu19 nities of Interest that are available for ro20 tation under the program; and 

21 (ii) individual employees who are 

22 available to participate in rotational as23 signments under the program; and 

24 (E) promulgate procedures for the pro25 gram, including—


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1 (i) any minimum or maximum periods 

2 of service for participation in the program; 

3 (ii) any training and education re4 quirements associated with participation in 

5 the program; 

6 (iii) any prerequisites or requirements 

7 for participation in the program; and 

8 (iv) appropriate performance meas9 ures, reporting requirements, and other ac10 countability devices for the evaluation of 

11 the program. 

12 (d) PROGRAM REQUIREMENTS.—The policies, proc13 esses, and procedures established pursuant to subsection 

14 (c) shall, at a minimum, provide that—

15 (1) during each of the first 4 fiscal years after 

16 the fiscal year in which this Act is enacted—

17 (A) the interagency rotation program shall 

18 be carried out in at least 2 Interagency Com19 munities of Interest, of which 1 shall be an 

20 Interagency Community of Interest for emer21 gency management and 1 shall be an Inter22 agency Community of Interest for stabilization 

23 and reconstruction; and 

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1 signed to participate in the interagency per2 sonnel rotation program; 

3 (2) an employee’s participation in the inter4 agency rotation program shall require the consent of 

5 the head of the agency and shall be voluntary on the 

6 part of the employee; 

7 (3) employees selected to perform interagency 

8 rotational service are selected in a fully open and 

9 competitive manner that is consistent with the merit 

10 system principles set forth in paragraphs (1) and (2) 

11 of section 2301(b) of title 5, United States Code, 

12 unless the Interagency Community of Interest posi13 tion is otherwise exempt under another provision of 

14 law; 

15 (4) an employee performing service in a position 

16 in another agency pursuant to the program estab17 lished under this section shall be entitled to return, 

18 within a reasonable period of time after the end of 

19 the period of service, to the position held by the em20 ployee, or a corresponding or higher position, in his 

21 or her employing agency; 

22 (5) an employee performing interagency rota23 tional service shall have all the rights that would be 

24 available to the employee if the employee were de25 tailed or assigned under a provision of law other 


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1 than this section from the agency employing the em2 ployee to the agency in which the position in which 

3 the employee is serving is located; and 

4 (6) an employee participating in the program 

5 shall receive performance evaluations from officials 

6 in his or her employing agency that are based on 

7 input from the supervisors of the employee during 

8 his or her service in the program that are based pri9 marily on the contribution of the employee to the 

10 work of the agency in which the employee performed 

11 such service, and these performance evaluations shall 

12 be provided the same weight in the receipt of pro13 motions and other rewards by the employee from the 

14 employing agency as performance evaluations for 

15 service in the employing agency. 

16 (e) SELECTION OF INDIVIDUALS TO FILL SENIOR

17 POSITIONS.—The head of each agency participating in the 

18 program established pursuant to subsection (c) shall en19 sure that, in selecting individuals to fill senior positions 

20 within an Interagency Community of Interest, the agency 

21 gives a strong preference to individuals who have per22 formed interagency rotational service within the Inter23 agency Community of Interest pursuant to such program. 

24 (f) INTERAGENCY COMMUNITY OF INTEREST DE25 FINED.—As used in this section, the term ‘‘National SecuVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00873 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 rity Interagency Community of Interest’’ or ‘‘Interagency 

2 Community of Interest’’ means the positions in the execu3 tive branch of the Government that, as determined by the 

4 Committee on National Security Personnel—

5 (1) as a group are positions within multiple 

6 agencies of the executive branch of the Government; 

7 and 

8 (2) have significant responsibility for the same 

9 substantive, functional, or regional subject area re10 lated to national security or homeland security that 

11 requires integration of the positions and activities in 

12 that area across multiple agencies to ensure that the 

13 executive branch of the Government operates as a 

14 single, cohesive enterprise to maximize mission suc15 cess and minimize cost. 

16 (g) REPORT ON PERFORMANCE MEASURES.—Not 

17 later than the end of the 2nd fiscal year after the fiscal 

18 year in which this Act is enacted, the Committee on Na19 tional Security Personnel shall assess the performance 

20 measures described in subsection (c)(2)(E)(iv) and issue 

21 a report to Congress on the assessment of those perform22 ance measures. 

23 (h) GAO REVIEW.—Not later than the end of the 2nd 

24 fiscal year after the fiscal year in which this Act is en25 acted, the Comptroller General of the United States shall 


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1 submit to Congress a report assessing the implementation 

2 and effectiveness of the interagency rotation program es3 tablished pursuant to this section. The report required by 

4 this section shall address, at a minimum—

5 (1) the extent to which the requirements of this 

6 section have been implemented by the Committee on 

7 National Security Personnel and by national security 

8 agencies; 

9 (2) the extent to which national security agen10 cies have participated in the program established 

11 pursuant to this section, including whether the 

12 heads of such agencies have—

13 (A) identified positions within the agencies 

14 that are National Security Interagency Commu15 nities of Interest and had employees from other 

16 agencies serve in rotational assignments in such 

17 positions; and 

18 (B) identified employees who are eligible 

19 for rotational assignments in National Security 

20 Interagency Communities of Interest and had 

21 such employees serve in rotational assignments 

22 in other agencies; 

23 (3) the extent to which employees serving in ro24 tational assignments under the program established 


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1 pursuant to this section have benefitted from such 

2 assignments, including an assessment of—

3 (A) the period of service; 

4 (B) the duties performed by the employees 

5 during such service; 

6 (C) the value of the training and experi7 ence gained by participating employees through 

8 such service; and 

9 (D) the positions (including grade level) 

10 held by employees before and after completing 

11 interagency rotational service under this sec12 tion; and 

13 (4) the extent to which interagency rotational 

14 service under this section has improved or is ex15 pected to improve interagency integration and co16 ordination within National Security Interagency 

17 Communities of Interest. 

18 (i) EXCLUSION.—This section shall not apply to any 

19 element of the intelligence community, as defined in sec20 tion 3(4) of the National Security Act of 1947 (50 U.S.C. 

21 401a(4)). 

22 TITLE XII—MATTERS RELATING 

23 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. 


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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. 

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. 


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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. 


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Sec. 1282. Briefings on dialogue between the United States and the Russian 

Federation on nuclear arms, missile defense systems, and longrange 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.

1 Subtitle A—Assistance and 

2 Training 

3 SEC. 1201. MODIFICATION AND EXTENSION OF AUTHORI4 TIES RELATING TO PROGRAM TO BUILD THE 

5 CAPACITY OF FOREIGN MILITARY FORCES. 

6 (a) INCLUSION OF SMALL-SCALE MILITARY CON7 STRUCTION ACTIVITIES AMONG AUTHORIZED ELE8 MENTS.—

9 (1) IN GENERAL.—Subsection (b)(1) of section 

10 1206 of the National Defense Authorization Act for 

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

12 3457), as amended by section 1206(a) of the John 

13 Warner National Defense Authorization Act for Fis14 cal Year 2007 (Public Law 109–364; 120 Stat. 


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1 2418), is further amended by striking ‘‘equipment, 

2 supplies, and training’’ and inserting ‘‘equipment, 

3 supplies, training, and small-scale military construc4 tion activities’’. 

5 (2) LIMITATION ON AVAILABILITY OF FUNDS.—

6 Subsection (c) of section 1206 of the National De7 fense Authorization Act for Fiscal Year 2006, as 

8 most recently amended by section 1204(a) of the 

9 National Defense Authorization Act for Fiscal Year 

10 2012 (Public Law 112–81; 125 Stat. 1621), is fur11 ther amended by adding at the end the following 

12 new paragraph: 

13 ‘‘(6) LIMITATION ON AVAILABILITY OF FUNDS

14 FOR SMALL-SCALE MILITARY CONSTRUCTION ACTIVI15 TIES.—Of amounts available under this subsection 

16 for the authority in subsection (a) for a fiscal year—

17 ‘‘(A) not more than $750,000 may be obli18 gated or expended for small-scale military con19 struction activities under a program authorized 

20 under subsection (a); and 

21 ‘‘(B) not more than $25,000,000 may be 

22 obligated or expended for small-scale military 

23 construction activities under all programs au24 thorized under subsection (a).’’. 


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1 (b) MODIFICATION OF NOTICE.—Subsection (e)(2) of 

2 section 1206 of the National Defense Authorization Act 

3 for Fiscal Year 2006, as amended by section 1206(a) of 

4 the John Warner National Defense Authorization Act for 

5 Fiscal Year 2007, is further amended by adding at the 

6 end the following new subparagraph: 

7 ‘‘(D) Detailed information (including the 

8 amount and purpose) on the assistance pro9 vided the country during the three preceding 

10 fiscal years under each of the following pro11 grams, accounts, or activities: 

12 ‘‘(i) A program under this section. 

13 ‘‘(ii) The Foreign Military Financing 

14 program under the Arms Export Control 

15 Act. 

16 ‘‘(iii) Peacekeeping Operations. 

17 ‘‘(iv) The International Narcotics 

18 Control and Law Enforcement (INCLE) 

19 program under section 481 of the Foreign 

20 Assistance Act of 1961 (22 U.S.C. 2291). 

21 ‘‘(v) Nonproliferation, Anti-Terrorism, 

22 Demining, and Related Programs 

23 (NADR). 

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1 fense Authorization Act for Fiscal Year 

2 1991 (10 U.S.C. 374 note) and section 

3 1033 of the National Defense Authoriza4 tion Act for Fiscal Year 1998.’’. 

5 (c) EXTENSION.—

6 (1) IN GENERAL.—Subsection (g) of section 

7 1206 of the National Defense Authorization Act for 

8 Fiscal Year 2006, as most recently amended by sec9 tion 1204(c) of the National Defense Authorization 

10 Act for Fiscal Year 2012 (125 Stat. 1622), is fur11 ther amended—

12 (A) by striking ‘‘September 30, 2013’’ and 

13 inserting ‘‘September 30, 2014’’; and 

14 (B) by striking ‘‘fiscal years 2006 through 

15 2013’’ and inserting ‘‘fiscal years 2006 through 

16 2014’’. 

17 (2) TEMPORARY LIMITATION ON AMOUNT FOR

18 CAPACITY FOR PARTICIPATION IN OR SUPPORT OF

19 MILITARY AND STABILITY OPERATIONS.—Subsection 

20 (c)(5) of section 1206 of the National Defense Au21 thorization Act for Fiscal Year 2006, as most re22 cently amended by section 1204(a) of the National 

23 Defense Authorization Act for Fiscal Year 2012, is 

24 further amended by striking ‘‘fiscal years 2102 and 


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1 2013’’ and inserting ‘‘fiscal years 2012, 2013, and 

2 2014’’. 

3 (d) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on the date of the enactment 

5 of this Act, and shall apply with respect to any country 

6 in which activities are initiated under section 1206 of the 

7 National Defense Authorization Act for Fiscal Year 2006 

8 on or after that date. 

9 SEC. 1202. EXTENSION OF AUTHORITY FOR NON-RECIP10 ROCAL EXCHANGES OF DEFENSE PER11 SONNEL BETWEEN THE UNITED STATES AND 

12 FOREIGN COUNTRIES. 

13 Section 1207(f) of the National Defense Authoriza14 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

15 Stat. 2514; 10 U.S.C. 168 note) is amended by striking 

16 ‘‘September 30, 2012’’ and inserting ‘‘September 30, 

17 2016’’. 

18 SEC. 1203. AUTHORITY TO BUILD THE CAPACITY OF CER19 TAIN COUNTERTERRORISM FORCES IN 

20 YEMEN AND EAST AFRICA. 

21 (a) AUTHORITY.—The Secretary of Defense may, 

22 with the concurrence of the Secretary of State, provide 

23 assistance as follows: 

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1 duct counterterrorism operations against al Qaeda in 

2 the Arabian Peninsula and its affiliates. 

3 (2) To enhance the capacity of the national 

4 military forces, security agencies serving a similar 

5 defense function, other counterterrorism forces, and 

6 border security forces of Djibouti, Ethiopia, and 

7 Kenya to conduct counterterrorism operations 

8 against al Qaeda, al Qaeda affiliates, and al 

9 Shabaab. 

10 (3) To enhance the capacity of national military 

11 forces participating in the African Union Mission in 

12 Somalia to conduct counterterrorism operations 

13 against al Qaeda, al Qaeda affiliates, and al 

14 Shabaab. 

15 (b) TYPES OF ASSISTANCE.—

16 (1) AUTHORIZED ELEMENTS.—Assistance 

17 under subsection (a) may include the provision of 

18 equipment, supplies, training, and minor military 

19 construction. 

20 (2) REQUIRED ELEMENTS.—Assistance under 

21 subsection (a) shall be provided in a manner that 

22 promotes—

23 (A) observance of and respect for human 

24 rights and fundamental freedoms; and 


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1 (B) respect for legitimate civilian authority 

2 in the country receiving such assistance. 

3 (3) ASSISTANCE OTHERWISE PROHIBITED BY

4 LAW.—The Secretary of Defense may not use the 

5 authority in subsection (a) to provide any type of as6 sistance described in this subsection that is other7 wise prohibited by any other provision of law. 

8 (4) LIMITATIONS ON MINOR MILITARY CON9 STRUCTION.—The total amount that may be obli10 gated and expended on minor military construction 

11 under subsection (a) in any fiscal year may not ex12 ceed amounts as follows: 

13 (A) In the case of minor military construc14 tion under paragraph (1) of subsection (a), 

15 $10,000,000. 

16 (B) In the case of minor military construc17 tion under paragraphs (2) and (3) of subsection 

18 (a), $10,000,000. 

19 (c) FUNDING.—

20 (1) IN GENERAL.—Of the amount authorized to 

21 be appropriated for a fiscal year for the Department 

22 of Defense for operation and maintenance—

23 (A) not more than $75,000,000 may be 

24 used to provide assistance under paragraph (1) 

25 of subsection (a); and 


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1 (B) not more than $75,000,000 may used 

2 to provide assistance under paragraphs (2) and 

3 (3) of subsection (a). 

4 (2) AVAILABILITY OF FUNDS FOR ASSISTANCE

5 ACROSS FISCAL YEARS.—Amounts available under 

6 this subsection for the authority in subsection (a) 

7 for a fiscal year may be used for assistance under 

8 that authority that begins in such fiscal year but 

9 ends in the next fiscal year. 

10 (d) NOTICE TO CONGRESS.—

11 (1) IN GENERAL.—Not later than 30 days be12 fore providing assistance under subsection (a), the 

13 Secretary of Defense shall submit to the committees 

14 of Congress specified in paragraph (2) a notice set15 ting forth the assistance to be provided, including 

16 the types of such assistance, the budget for such as17 sistance, and the completion date for the provision 

18 of such assistance. 

19 (2) COMMITTEES OF CONGRESS.—The commit20 tees of Congress specified in this paragraph are—

21 (A) the Committee on Armed Services, the 

22 Committee on Foreign Relations, and the Com23 mittee on Appropriations of the Senate; and 

24 (B) the Committee on Armed Services, the 

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1 mittee on Appropriations of the House of Rep2 resentatives. 

3 (e) EXPIRATION.—Except as provided in subsection 

4 (c)(2), the authority provided under subsection (a) may 

5 not be exercised after the earlier of—

6 (1) the date on which the Global Security Con7 tingency Fund achieves full operational capability; or 

8 (2) September 30, 2014. 

9 SEC. 1204. LIMITATION ON ACTIVITIES UNDER STATE PART10 NERSHIP PROGRAM PENDING COMPLIANCE 

11 WITH CERTAIN PROGRAM-RELATED RE12 QUIREMENTS. 

13 (a) LIMITATION.—If both requirements specified in 

14 subsection (b) are not met as of February 28, 2013, no 

15 activities may be carried out under the State Partnership 

16 Program after that date until both requirements are met. 

17 (b) REQUIREMENTS.—The requirements specified in 

18 this subsection are the following: 

19 (1) The requirement for the Secretary of De20 fense to submit to the appropriate congressional 

21 committees the final regulations required by sub22 section (a) of section 1210 of the National Defense 

23 Authorization Act for Fiscal Year 2010 (Public Law 

24 111–84; 123 Stat. 2517; 32 U.S.C. 107 note). 


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1 (2) A requirement for the Secretary of Defense 

2 to certify to the appropriate congressional commit3 tees that appropriate modifications have been made, 

4 and appropriate controls have been instituted, to en5 sure the compliance of the Program with section 

6 1341 of title 31, United States Code (commonly re7 ferred to as the ‘‘Anti-Deficiency Act’’), in the fu8 ture. 

9 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE10 FINED.—In this section, the term ‘‘appropriate congres11 sional committees’’ has the meaning given that term in 

12 subsection (d) of section 1210 of the National Defense Au13 thorization Act for Fiscal Year 2010. 

14 Subtitle B—Matters Relating to 

15 Iraq, Afghanistan, and Pakistan 

16 SEC. 1211. AUTHORITY TO SUPPORT OPERATIONS AND AC17 TIVITIES OF THE OFFICE OF SECURITY CO18 OPERATION IN IRAQ. 

19 (a) LIMITATION ON AMOUNT.—Subsection (c) of sec20 tion 1215 of the National Defense Authorization Act for 

21 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1631) 

22 is amended by inserting at the end before the period the 

23 following: ‘‘and in fiscal year 2013 may not exceed 

24 $508,000,000’’. 


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1 (b) SOURCE OF FUNDS.—Subsection (d) of such sec2 tion is amended—

3 (1) by inserting ‘‘or fiscal year 2013’’ after 

4 ‘‘fiscal year 2012’’; and 

5 (2) by striking ‘‘that fiscal year’’ and inserting 

6 ‘‘fiscal year 2012 or 2013, as the case may be,’’. 

7 (c) ADDITIONAL AUTHORITY FOR THE ACTIVITIES

8 OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.—

9 Such section is further amended—

10 (1) by redesignating subsection (f) as sub11 section (g); and 

12 (2) by inserting after subsection (e) the fol13 lowing new subsection (f): 

14 ‘‘(f) ADDITIONAL AUTHORITY FOR ACTIVITIES OF

15 OSCI.—During fiscal year 2013, the Secretary of De16 fense, with the concurrence of the Secretary of State, may 

17 authorize the Office of Security Cooperation in Iraq to 

18 conduct non-operational training activities in support of 

19 Iraqi Ministry of Defense and Counter Terrorism Service 

20 personnel in an institutional environment to address capa21 bility gaps, integrate processes relating to intelligence, air 

22 sovereignty, combined arms, logistics and maintenance, 

23 and to manage and integrate defense-related institu24 tions.’’. 

25 (d) REPORT.—


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1 (1) IN GENERAL.—Not later than 120 days 

2 after the date of the enactment of this Act, the Sec3 retary of Defense, in consultation with the Secretary 

4 of State, shall submit to the appropriate congres5 sional committees a report on the activities of the 

6 Office of Security Cooperation in Iraq. 

7 (2) MATTERS TO BE INCLUDED.—The report 

8 shall include the following: 

9 (A) A description, in unclassified form (but 

10 with a classified annex if appropriate), of any 

11 capability gaps in the security forces of Iraq, 

12 including capability gaps relating to intelligence 

13 matters, protection of Iraq airspace, and logis14 tics and maintenance. 

15 (B) A description of the extent, if any, to 

16 which the programs of the Office of Security 

17 Cooperation in Iraq, in conjunction with other 

18 United States programs such as the Foreign 

19 Military Financing program, the Foreign Mili20 tary Sales program, and joint training exer21 cises, will address the capability gaps described 

22 in subparagraph (A) if the Government of Iraq 

23 requests assistance in addressing such capa24 bility gaps. 


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1 (C) A detailed discussion of the current 

2 manpower, budget, and authorities of the Office 

3 of Security Cooperation in Iraq. 

4 (D) A detailed plan for the transition of 

5 the costs of the activities of the Office of Secu6 rity Cooperation in Iraq to Foreign Military 

7 Sales case funding by September 30, 2014, and 

8 a detailed description of the planned manpower, 

9 budget, and authorities of the Office to imple10 ment such a plan. 

11 (E) A description of existing authorities 

12 available to be used to cover the costs of train13 ing the Iraqi Security Forces, including a list of 

14 specific training activities and number of associ15 ated personnel that the Secretary of Defense 

16 determines cannot be conducted under any ex17 isting authority not provided by this section. 

18 (F) A description of those measures of ef19 fectiveness that will be used to evaluate the ac20 tivities of the Office of Security Cooperation in 

21 Iraq and a discussion of the process that will 

22 use those measures of effectiveness to make de23 terminations if specific activities of the Office 

24 should be expanded, altered, or terminated. 


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1 (3) UPDATE REQUIRED.—Not later than Sep2 tember 30, 2013, the Secretary of Defense, in con3 sultation with the Secretary of State, shall submit to 

4 the appropriate congressional committees an update 

5 of the report required by paragraph (1), including a 

6 description of any changes to any specific element or 

7 process described in subparagraphs (A) through (F) 

8 of paragraph (2). 

9 (4) DEFINITION.—In this subsection, the term 

10 ‘‘appropriate congressional committees’’ means—

11 (A) the congressional defense committees; 

12 and 

13 (B) the Committee on Foreign Relations of 

14 the Senate and the Committee on Foreign Af15 fairs of the House of Representatives. 

16 SEC. 1212. REPORT ON INSIDER ATTACKS IN AFGHANISTAN 

17 AND THEIR EFFECT ON THE UNITED STATES 

18 TRANSITION STRATEGY FOR AFGHANISTAN. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that—

21 (1) to the maximum extent possible and con22 sistent with the commander’s professional judgment 

23 and the requirements of the mission, the United 

24 States military should conduct local force protection 


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1 for its troops on bases where such troops are garri2 soned or housed in Afghanistan; 

3 (2) the increase in attacks and associated 

4 threats by Afghanistan National Security Forces 

5 personnel, Afghanistan National Security Forces im6 personators, and private security contractors against 

7 United States, Afghanistan, and coalition military 

8 and civilian personnel raises concerns about the 

9 force protection for United States troops in Afghani10 stan and the procedures for screening, vetting, and 

11 monitoring Afghanistan National Security Forces 

12 personnel and Afghan Public Protection Force per13 sonnel; 

14 (3) the Department of Defense and the Govern15 ment of Afghanistan are making efforts to address 

16 the threat of such attacks and associated threats, 

17 but continued leadership will be required; and 

18 (4) the North Atlantic Treaty Organization/

19 International Security Assistance Force and the 

20 Government of Afghanistan should establish a pro21 gram to continue to enhance vetting of Afghanistan 

22 National Security Forces and Afghan Public Protec23 tion Force recruits, to monitor the Afghanistan Na24 tional Security Forces and the Afghan Public Pro25 tection Force personnel, and to re-assess AfghaniVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00893 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 stan National Security Forces and Afghan Public 

2 Protection Force personnel as required. 

3 (b) REPORT.—Not later than 90 days after the date 

4 of the enactment of this Act, the Secretary of Defense 

5 shall, in consultation with the Secretary of State and the 

6 Commander of North Atlantic Treaty Organization/Inter7 national Security Assistance Force forces in Afghanistan, 

8 submit to Congress a report on the attacks and associated 

9 threats by Afghanistan National Security Forces per10 sonnel, Afghanistan National Security Forces imperson11 ators, Afghan Public Protection Force personnel, Afghan 

12 Public Protection Force impersonators, and private secu13 rity contractors against United States, Afghanistan, and 

14 coalition military and civilian personnel (‘‘insider at15 tacks’’) in Afghanistan, and the effect of these attacks on 

16 the overall transition strategy in Afghanistan. 

17 (c) ELEMENTS.—The report required by subsection 

18 (b) shall include the following: 

19 (1) A description of the nature and proximate 

20 causes of the attacks described in subsection (b), in21 cluding the following: 

22 (A) An estimate of the number of such at23 tacks on United States, Afghanistan, and coali24 tion military personnel since January 1, 2007. 


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1 (B) An estimate of the number of United 

2 States, Afghanistan, and coalition personnel 

3 killed or wounded in such attacks. 

4 (C) The circumstances or conditions that 

5 may have influenced such attacks. 

6 (D) An assessment of the threat posed by 

7 infiltration, and a best assessment of the extent 

8 of infiltration by insurgents into the Afghani9 stan National Security Forces and the Afghan 

10 Public Protection Force. 

11 (E) A description of trends in the preva12 lence of such attacks, including where such at13 tacks occur, the political and ethnic affiliation 

14 of attackers, and the targets of attackers. 

15 (2) A description of the restrictions and other 

16 actions taken by the United States and North Atlan17 tic Treaty Organization/International Security As18 sistance Force forces to protect military and civilian 

19 personnel from future insider attacks, including 

20 measures in predeployment training. 

21 (3) A description of the actions taken by the 

22 Government of Afghanistan to prevent and respond 

23 to insider attacks, including improved vetting prac24 tices. 


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1 (4) A description of the insider threat-related 

2 factors that will influence the size and scope of the 

3 post-2014 training mission for the Afghanistan Na4 tional Security Forces. 

5 (5) An assessment of the impact of the insider 

6 attacks in Afghanistan in 2012 on the overall transi7 tion strategy in Afghanistan and its prospects for 

8 success, including an assessment how such insider 

9 attacks impact—

10 (A) partner operations between North At11 lantic Treaty Organization/International Secu12 rity Assistance Force forces and Afghanistan 

13 National Security Forces; 

14 (B) training programs for the Afghanistan 

15 National Security Forces, including proposed 

16 training plans to be executed during the post17 2014 training mission for the Afghanistan Na18 tional Security Forces; 

19 (C) United States Special Forces training 

20 of the Afghan Local Police and its integration 

21 into the Afghanistan National Security Forces; 

22 and 

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1 stan or commit to the post-2014 training mis2 sion for the Afghanistan National Security 

3 Forces. 

4 (6) An assessment of the impact that a reduc5 tion in training and partnering would have on the 

6 independent capabilities of the Afghanistan National 

7 Security Forces, and whether the training of the Af8 ghanistan National Security Forces should remain a 

9 key component of the United States and North At10 lantic Treaty Organization strategy in Afghanistan. 

11 (d) ADDITIONAL REPORTS.—The Secretary of De12 fense shall submit to the congressional defense committees 

13 a semi-annual update to the report required under sub14 section (b) through December 31, 2014. The additional 

15 reports required by this subsection may be submitted in 

16 the report required by section 1230 of the National De17 fense Authorization Act for Fiscal Year 2008 (Public Law 

18 110–181; 122 Stat. 385), as most recently amended by 

19 section 1218(a) of the National Defense Authorization Act 

20 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

21 1632). 

22 (e) UNCLASSIFIED EXECUTIVE SUMMARY.—The re23 port submitted under subsection (b) and the semi-annual 

24 update to the report submitted under subsection (d) shall 


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1 include an executive summary of the contents of the report 

2 in unclassified form. 

3 SEC. 1213. UNITED STATES MILITARY SUPPORT IN AFGHAN4 ISTAN. 

5 (a) NOTIFICATION.—The Secretary of Defense shall 

6 notify the congressional defense committees of any deci7 sion of the President to change force levels of United 

8 States Armed Forces deployed in Afghanistan. 

9 (b) SUBMITTAL REQUIRED.—Not later than 30 days 

10 after a decision by the President to change the force levels 

11 of United States Armed Forces deployed in Afghanistan, 

12 the Chairman of the Joint Chiefs of Staff shall, through 

13 the Secretary of Defense, submit to the congressional de14 fense committees a detailed assessment of the risk to the 

15 United States mission and interests in Afghanistan as the 

16 change in levels is implemented. 

17 (c) ELEMENTS.—The risk assessment under sub18 section (b) on a change in force levels of United States 

19 Armed Forces in Afghanistan shall include the following: 

20 (1) A description of the current security situa21 tion in Afghanistan. 

22 (2) A description of any anticipated changes to 

23 United States military operations and objectives in 

24 Afghanistan associated with such change in force 

25 levels. 


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1 (3) An identification and assessment of any 

2 changes in United States military capabilities, in3 cluding manpower, logistics, intelligence, and mobil4 ity support, in Afghanistan associated with such 

5 change in force levels. 

6 (4) An identification and assessment of the risk 

7 associated with any changes in United States mis8 sion, military capabilities, operations, and objectives 

9 in Afghanistan associated with such change in force 

10 levels. 

11 (5) An identification and assessment of any ca12 pability gaps within the Afghanistan security forces 

13 that will impact their ability to conduct operations 

14 following such change in force levels. 

15 (6) An identification and assessment of the risk 

16 associated with the transition of combat responsibil17 ities to the Afghanistan security forces following 

18 such change in force levels. 

19 (7) An assessment of the impact of such change 

20 in force levels on coalition military contributions to 

21 the mission in Afghanistan. 

22 (8) A description of the assumptions to be in 

23 force regarding the security situation in Afghanistan 

24 following such change in force levels. 


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1 (9) Such other matters regarding such change 

2 in force levels as the Chairman considers appro3 priate. 

4 (d) TERMINATION.—The requirement to notify the 

5 congressional defense committees under subsection (a) 

6 shall terminate on December 31, 2014. 

7 SEC. 1214. MODIFICATION OF REPORT ON PROGRESS TO8 WARD SECURITY AND STABILITY IN AFGHAN9 ISTAN. 

10 (a) IN GENERAL.—Section 1230 of the National De11 fense Authorization Act for Fiscal Year 2008 (Public Law 

12 110–181; 122 Stat. 385), as most recently amended by 

13 section 1218(a) of the National Defense Authorization Act 

14 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

15 1632), is further amended—

16 (1) by redesignating subsections (e), (f), and 

17 (g) as subsections (f), (g), and (h), respectively; and 

18 (2) by inserting after subsection (d) the fol19 lowing: 

20 ‘‘(e) ADDITIONAL MATTERS TO BE INCLUDED ON

21 AFGHANISTAN NATIONAL SECURITY FORCES.—In report22 ing on performance indicators and measures of progress 

23 required under subsection (d)(2)(D), the report required 

24 under subsection (a) shall assess the following: 


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1 ‘‘(1) For overall Afghanistan National Security 

2 Forces (ANSF): 

3 ‘‘(A) A description of the 

4 professionalization of the Afghan National 

5 Army (ANA) and Afghan National Police 

6 (ANP), including literacy, training benchmarks, 

7 and vetting outcomes. 

8 ‘‘(B) An assessment of the ANA and the 

9 ANP interaction with the Afghan civilian popu10 lation and respect for human rights. 

11 ‘‘(C) An outline of United States contribu12 tions for the current fiscal year and one-year 

13 projected fiscal year and pledges for contribu14 tions by other countries. 

15 ‘‘(D) The percentage of officer corps and 

16 noncommissioned officer corps personnel as 

17 compared to end-strength requirements. 

18 ‘‘(2) For logistics: 

19 ‘‘(A) An assessment of the ANA and ANP 

20 logistics system, including a discussion of crit21 ical supply shortfalls and challenges associated 

22 with filling supply requests. 

23 ‘‘(B) A description of the logistical capac24 ity of the ANA and ANP and how operations 

25 are sustained in the areas in which the ANA 


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1 and ANP are transitioned and in areas in which 

2 the ANA and the ANP are in pre-transition 

3 stages. 

4 ‘‘(3) For transition: 

5 ‘‘(A) An assessment, by province, of the se6 curity situation and capability of ANSF in 

7 those areas that have been transitioned to an 

8 Afghan security lead, to include a description of 

9 the transition stages for each such province and 

10 readiness ratings for the ANSF in each such 

11 province. 

12 ‘‘(B) An assessment, by province, of the 

13 security situation and capability of ANSF in 

14 pre-transition areas, to include readiness rat15 ings. 

16 ‘‘(C) A description of how security force 

17 assistance teams and security force assistance 

18 brigades will be integrated into ANSF units. 

19 ‘‘(4) For preparation for the 2014 elections: 

20 The steps taken by the United States, ISAF, and 

21 the Government of Afghanistan to carry out the fol22 lowing: 

23 ‘‘(A) Identify and train a sufficient num24 ber of the ANSF, to include female members of 

25 the ANSF. 


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1 ‘‘(B) Provide for the security of the elec2 tions, including security of polling places, elec3 tion workers, election materials, and such other 

4 locations and personnel as may be necessary to 

5 safely carry out the elections, including partici6 pation of women. 

7 ‘‘(C) Assist with ensuring that election 

8 workers and materials can be safely and se9 curely transported in Afghanistan as may be re10 quired. 

11 ‘‘(5) For partnership and assistance activities: 

12 ‘‘(A) A discussion of ongoing partnership 

13 activities in Afghanistan, including partnership 

14 activities as part of major operations and ef15 forts, and including metrics used to measure 

16 the quantity of ongoing partnership activities 

17 and changes to how partnership activities are 

18 conducted that affect significant numbers of 

19 United States Armed Forces, ISAF, or Afghan 

20 units and the reasons for any such change. 

21 ‘‘(B) A discussion of any transition from 

22 partnership activities conducted by United 

23 States Armed Forces or other international 

24 units with Afghan forces to the use of security 

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1 ance brigades, including the reasons for such 

2 transition, advantages or drawbacks of such 

3 transition, and other information which may be 

4 pertinent. 

5 ‘‘(C) The number of security force assist6 ance teams and security force assistance bri7 gades in Afghanistan, including the number of 

8 such teams and brigades provided by other 

9 members of ISAF, the number of such teams 

10 and brigades that are assisting each component 

11 of ANSF, and any unmet requirements for such 

12 teams and brigades.’’. 

13 (b) EFFECTIVE DATE.—The amendments made this 

14 section apply with respect to any report required to be 

15 submitted under section 1230 of the National Defense Au16 thorization Act for Fiscal Year 2008 (Public Law 110–

17 181; 122 Stat. 385) on or after the date of the enactment 

18 of this Act. 

19 SEC. 1215. INDEPENDENT ASSESSMENT OF THE AFGHAN 

20 NATIONAL SECURITY FORCES. 

21 (a) INDEPENDENT ASSESSMENT REQUIRED.—The 

22 Secretary of Defense shall provide for the conduct of an 

23 independent assessment of the strength, force structure, 

24 force posture, and capabilities required to make the Af25 ghan National Security Forces (ANSF) capable of proVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00904 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 viding security for their own country so as to prevent Af2 ghanistan from ever again becoming a safe haven for ter3 rorists that threaten Afghanistan, the region, and the 

4 world. 

5 (b) CONDUCT OF ASSESSMENT.—The assessment re6 quired by subsection (a) may, at the election of the Sec7 retary, be conducted by—

8 (1) a Federally-funded research and develop9 ment center (FFRDC); or 

10 (2) an independent, non-governmental institute 

11 described in section 501(c)(3) of the Internal Rev12 enue Code of 1986 and exempt from tax under sec13 tion 501(a) of such Code that has recognized creden14 tials and expertise in national security and military 

15 affairs appropriate for the assessment. 

16 (c) ELEMENTS.—The assessment required by sub17 section (a) shall include, but not be limited to, the fol18 lowing: 

19 (1) An assessment of the likely internal and re20 gional security environment for Afghanistan over the 

21 next decade, including challenges and threats to the 

22 security and sovereignty of Afghanistan from state 

23 and non-state actors. 

24 (2) An assessment of the strength, force struc25 ture, force posture, and capabilities required to 


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1 make the Afghan National Security Forces capable 

2 of providing security for their own country so as to 

3 prevent Afghanistan from ever again becoming a 

4 safe haven for terrorists that threaten Afghanistan, 

5 the region, and the world. 

6 (3) An assessment of any capability gaps in the 

7 Afghan National Security Forces that are likely to 

8 persist after 2014 and that will require continued 

9 support from the United States and its allies. 

10 (4) An assessment whether current proposals 

11 for the resourcing of the Afghan National Security 

12 Forces after 2014 are adequate to establish and 

13 maintain long-term security for the Afghanistan peo14 ple, and implications of the under-resourcing of the 

15 Afghan National Security Forces for United States 

16 national security interests. 

17 (d) REPORT.—Not later than one year after the date 

18 of the enactment of this Act, the entity selected for the 

19 conduct of the assessment required by subsection (a) shall 

20 provide to the Secretary and the congressional defense 

21 committees a report containing its findings as a result of 

22 the assessment. The report shall be submitted in unclassi23 fied form, but may include a classified annex. 

24 (e) FUNDING.—Of the amounts authorized to be ap25 propriated for fiscal year 2013 by section 301 and availVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 00906 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 able for operation and maintenance for Defense-wide ac2 tivities as specified in the funding table in section 4301, 

3 up to $1,000,000 shall be made available for the assess4 ment required by subsection (a). 

5 (f) AFGHAN NATIONAL SECURITY FORCES.—For 

6 purposes of this section, the Afghan National Security 

7 Forces shall include all forces under the authority of the 

8 Afghan Ministry of Defense and Afghan Ministry of Inte9 rior, including the Afghan National Army, the Afghan Na10 tional Police, the Afghan Border Police, the Afghan Na11 tional Civil Order Police, and the Afghan Local Police. 

12 SEC. 1216. EXTENSION AND MODIFICATION OF LOGISTICAL 

13 SUPPORT FOR COALITION FORCES SUP14 PORTING CERTAIN UNITED STATES MILITARY 

15 OPERATIONS. 

16 (a) EXTENSION.—Section 1234 of the National De17 fense Authorization Act for Fiscal Year 2008 (Public Law 

18 110–181; 122 Stat. 394), as most recently amended by 

19 section 1211 of the National Defense Authorization Act 

20 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

21 1629)), is further amended by striking ‘‘fiscal year 2012’’ 

22 each place it appears and inserting ‘‘fiscal year 2013’’. 

23 (b) REPEAL OF AUTHORITY FOR USE OF FUNDS IN

24 CONNECTION WITH IRAQ.—


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1 (1) IN GENERAL.—Subsection (a) of such sec2 tion 1234, as so amended, is further amended by 

3 striking ‘‘Iraq and’’. 

4 (2) CONFORMING AMENDMENT.—The heading 

5 of such section 1234 is amended by striking ‘‘IRAQ

6 AND’’. 

7 SEC. 1217. REPORT ON AFGHANISTAN PEACE AND RE8 INTEGRATION PROGRAM. 

9 (a) REPORT REQUIRED.—Not later than 120 days 

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

11 of Defense shall, in consultation with the Secretary of 

12 State, submit to the appropriate committees of Congress 

13 a report on the Afghanistan Peace and Reintegration Pro14 gram (APRP). 

15 (b) ELEMENTS.—The report required by subsection 

16 (a) shall include the following: 

17 (1) A description of the goals and objectives of 

18 the Afghanistan Peace and Reintegration Program. 

19 (2) A description of the structure of the Pro20 gram at the national and sub-national levels in Af21 ghanistan, including the number and types of voca22 tional training and other education programs. 

23 (3) A description of the activities of the Pro24 gram as of the date of the report. 


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1 (4) A description and assessment of the proce2 dures for vetting individuals seeking to participate in 

3 the Program, including an assessment of the extent 

4 to which biometric identification systems are used 

5 and the role of provincial peace councils in such pro6 cedures. 

7 (5) The amount of funding provided by the 

8 United States, and by the international community, 

9 to support the Program, and the amount of funds so 

10 provided that have been distributed as of the date of 

11 the report. 

12 (6) An assessment of the individuals who have 

13 been reintegrated into the Program, set forth in 

14 terms as follows: 

15 (A) By geographic distribution by province. 

16 (B) By number of each of low-level insur17 gent fighters, mid-level commanders, and senior 

18 commanders. 

19 (C) By number confirmed to have been 

20 part of the insurgency. 

21 (D) By number who are currently mem22 bers of the Afghan Local Police. 

23 (E) By number who are participating in or 

24 have completed vocational training or other 

25 educational programs as part of the Program. 


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1 (7) A description and assessment of the proce2 dures for monitoring the individuals participating in 

3 the Program. 

4 (8) A description and assessment of the role of 

5 women and minority populations in the implementa6 tion of the Program. 

7 (9) An assessment of the effectiveness of the 

8 activities of the Program described under paragraph 

9 (3) in achieving the goals and objectives of the Pro10 gram. 

11 (10) Such recommendations as the Secretary of 

12 Defense considers appropriate for improving the im13 plementation, oversight, and effectiveness of the Pro14 gram. 

15 (c) APPROPRIATE COMMITTEES OF CONGRESS DE16 FINED.—In this section, the term ‘‘appropriate commit17 tees of Congress’’ means—

18 (1) the Committee on Armed Services, the 

19 Committee on Foreign Relations, and the Committee 

20 on Appropriations of the Senate; and 

21 (2) the Committee on Armed Services, the 

22 Committee on Foreign Affairs, and the Committee 

23 on Appropriations of the House of Representatives. 


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1 SEC. 1218. ONE-YEAR EXTENSION OF AUTHORITY TO USE 

2 FUNDS FOR REINTEGRATION ACTIVITIES IN 

3 AFGHANISTAN. 

4 Section 1216 of the Ike Skelton National Defense 

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

6 383; 124 Stat. 4392), as amended by section 1216 of the 

7 National Defense Authorization Act for Fiscal Year 2012 

8 (Public Law 112–81; 125 Stat. 1632), is further amend9 ed—

10 (1) in subsection (a)—

11 (A) by striking ‘‘$50,000,000’’ and insert12 ing ‘‘$35,000,000’’; and 

13 (B) by striking ‘‘in each of fiscal years 

14 2011 and 2012’’ and inserting ‘‘for fiscal year 

15 2013’’; and 

16 (2) in subsection (e)—

17 (A) by striking ‘‘utilize funds’’ and insert18 ing ‘‘obligate funds’’; and 

19 (B) by striking ‘‘December 31, 2012’’ and 

20 inserting ‘‘December 31, 2013’’. 

21 SEC. 1219. ONE-YEAR EXTENSION AND MODIFICATION OF 

22 AUTHORITY FOR PROGRAM TO DEVELOP AND 

23 CARRY OUT INFRASTRUCTURE PROJECTS IN 

24 AFGHANISTAN. 

25 Section 1217(f) of the Ike Skelton National Defense 

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


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1 383; 124 Stat. 4393), as amended by section 1217(a) of 

2 the National Defense Authorization Act for Fiscal Year 

3 2012 (Public Law 112–81; 125 Stat. 1632), is further 

4 amended—

5 (1) by striking paragraph (1) and inserting the 

6 following new paragraph (1): 

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

8 to carry out the program authorized under sub9 section (a), the Secretary of Defense may use 

10 amounts as follows: 

11 ‘‘(A) Up to $400,000,000 made available 

12 to the Department of Defense for operation and 

13 maintenance for fiscal year 2012. 

14 ‘‘(B) Up to $350,000,000 made available 

15 to the Department of Defense for operation and 

16 maintenance for fiscal year 2013.’’; 

17 (2) in paragraph (2)—

18 (A) by striking ‘‘85 percent’’ and inserting 

19 ‘‘50 percent’’; 

20 (B) by inserting ‘‘for a fiscal year after fis21 cal year 2011’’ after ‘‘in paragraph (1)’’; and 

22 (C) by striking ‘‘fiscal year 2012.’’ and in23 serting ‘‘such fiscal year, including for each 

24 project to be initiated during such fiscal year 

25 the following: 


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1 ‘‘(A) An estimate of the financial and 

2 other requirements necessary to sustain such 

3 project on an annual basis after the completion 

4 of such project. 

5 ‘‘(B) An assessment whether the Govern6 ment of Afghanistan is committed to and has 

7 the capacity to maintain and use such project 

8 after its completion. 

9 ‘‘(C) A description of any arrangements 

10 for the sustainment of such project following its 

11 completion if the Government of Afghanistan 

12 lacks the capacity (in either financial or human 

13 resources) to maintain such project.’’; and 

14 (3) in paragraph (3), by adding at the end the 

15 following new subparagraph: 

16 ‘‘(C) In the case of funds for fiscal year 

17 2013, until September 30, 2014.’’. 

18 SEC. 1220. REPORT ON UPDATES AND MODIFICATIONS TO 

19 CAMPAIGN PLAN FOR AFGHANISTAN. 

20 (a) REPORT REQUIRED.—Not later than 180 days 

21 after the date on which any substantial update or modi22 fication is made to the campaign plan for Afghanistan (in23 cluding the supporting and implementing documents for 

24 such plan), the Comptroller General of the United States 

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1 port on the updated or modified plan, including an assess2 ment of the updated or modified plan. 

3 (b) EXCEPTION.—The requirement to submit a re4 port under subsection (a) on any substantial update or 

5 modification to the campaign plan for Afghanistan shall 

6 not apply if the Comptroller General—

7 (1) determines that a report submitted to Con8 gress by the Comptroller General before the date of 

9 the enactment of this Act substantially meets the re10 quirement to submit the report under subsection (a); 

11 and 

12 (2) notifies the congressional defense commit13 tees in writing of the determination under paragraph 

14 (1). 

15 (c) TERMINATION.—The requirement to submit a re16 port under subsection (a) on any substantial update or 

17 modification to the campaign plan for Afghanistan shall 

18 terminate on September 30, 2014. 

19 (d) REPEAL OF SUPERSEDED REQUIREMENTS.—Sec20 tion 1226 of the National Defense Authorization Act for 

21 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2525) 

22 is repealed. 

23 SEC. 1221. COMMANDERS’ EMERGENCY RESPONSE PRO24 GRAM IN AFGHANISTAN. 

25 (a) ONE-YEAR EXTENSION.—


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1 (1) IN GENERAL.—Section 1201 of the Na2 tional Defense Authorization Act for Fiscal Year 

3 2012 (Public Law 112–81; 125 Stat. 1619) is 

4 amended by striking ‘‘fiscal year 2012’’ each place 

5 it appears and inserting ‘‘fiscal year 2013’’. 

6 (2) CONFORMING AMENDMENT.—The heading 

7 of subsection (a) of such section is amended by 

8 striking ‘‘FISCAL YEAR 2012’’ and inserting ‘‘FIS9 CAL YEAR 2013’’. 

10 (b) AMOUNT OF FUNDS AVAILABLE DURING FISCAL

11 YEAR 2013.—Subsection (a) of such section is further 

12 amended by striking ‘‘$400,000,000’’ and inserting 

13 ‘‘$200,000,000’’. 

14 SEC. 1222. AUTHORITY TO TRANSFER DEFENSE ARTICLES 

15 AND PROVIDE DEFENSE SERVICES TO THE 

16 MILITARY AND SECURITY FORCES OF AF17 GHANISTAN. 

18 (a) NONEXCESS ARTICLES AND RELATED SERV19 ICES.—The Secretary of Defense may, with the concur20 rence of the Secretary of State, transfer nonexcess defense 

21 articles from the stocks of the Department of Defense, 

22 without reimbursement from the Government of Afghani23 stan, and provide defense services in connection with the 

24 transfer of such defense articles, to the military and secu25 rity forces of Afghanistan to support the efforts of those 


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1 forces to restore and maintain peace and security in that 

2 country. 

3 (b) LIMITATIONS.—

4 (1) VALUE.—The aggregate replacement value 

5 of all defense articles transferred and defense serv6 ices provided in connection with such defense articles 

7 under subsection (a) in any fiscal year may not ex8 ceed $250,000,000. 

9 (2) SOURCE OF TRANSFERRED ARTICLES.—The 

10 authority under subsection (a) may only be used for 

11 defense articles that—

12 (A) were present in Afghanistan as of the 

13 date of the enactment of this Act; 

14 (B) immediately before transfer were in 

15 use to support operations in Afghanistan; and 

16 (C) are no longer required by United 

17 States forces in Afghanistan. 

18 (c) APPLICABLE LAW.—Any defense articles trans19 ferred or defense services provided under the authority of 

20 subsection (a) shall be subject to the authorities and limi21 tations applicable to excess defense articles under section 

22 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 

23 2321j), other than the authorities and limitations in sub24 sections (b)(1)(B), (e), (f), and (g) of such section. 


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1 (d) REPORT REQUIRED BEFORE EXERCISE OF AU2 THORITY.—

3 (1) IN GENERAL.—The Secretary of Defense 

4 may not exercise the authority under subsection (a) 

5 until 15 days after the Secretary submits to the ap6 propriate committees of Congress a report on the 

7 equipment and other property of the Department of 

8 Defense in Afghanistan. 

9 (2) ELEMENTS.—The report required under 

10 paragraph (1) shall include the following: 

11 (A) A description of the process for 

12 inventorying equipment and property, including 

13 defense articles, in Afghanistan owned by the 

14 Department of Defense, including equipment 

15 and property owned by the Department and 

16 under the control of contractors in Afghanistan. 

17 (B) An estimate of the types and quan18 tities of equipment and property of the Depart19 ment of Defense, including defense articles, an20 ticipated to be withdrawn from Afghanistan in 

21 connection with the drawdown of United States 

22 military forces from Afghanistan between the 

23 date of the enactment of this Act and December 

24 31, 2014, including equipment and property 


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1 owned by the Department and under the con2 trol of contractors in Afghanistan. 

3 (e) NOTICE ON EXERCISE OF AUTHORITY.—

4 (1) IN GENERAL.—The Secretary of Defense 

5 may not transfer defense articles or provide defense 

6 services under subsection (a) until 15 days after the 

7 date on which the Secretary of Defense, with the 

8 concurrence of the Secretary of State, submits to the 

9 appropriate committees of Congress notice of the 

10 proposed transfer of defense articles and provision of 

11 defense services. 

12 (2) ELEMENTS.—A notice under paragraph (1) 

13 shall include the following: 

14 (A) A description of the amount and types 

15 of defense articles to be transferred and defense 

16 services to be provided. 

17 (B) A statement describing the current 

18 value of the defense articles to be transferred 

19 and the estimated replacement value of such ar20 ticles. 

21 (C) An identification of the element of the 

22 military or security force that is the proposed 

23 recipient of the defense articles to be trans24 ferred and defense service to be provided. 


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1 (D) An identification of the military de2 partment from which the defense articles to be 

3 transferred are to be drawn. 

4 (E) An assessment of the impact, if any, 

5 of the transfer of defense articles on the readi6 ness of units from which the defense articles 

7 are to be transferred, and the plan, if any, for 

8 mitigating such impact or reimbursing the mili9 tary department of such units for such defense 

10 articles. 

11 (F) An assessment of the ability of the 

12 Government of Afghanistan to sustain the costs 

13 associated with receiving, possessing, and using 

14 the defense articles to be transferred. 

15 (G) A determination and certification by 

16 the Secretary of Defense, with the concurrence 

17 of the Secretary of State, that—

18 (i) the proposed transfer of the de19 fense articles to be transferred and the 

20 provision of defense services to be provided 

21 in connection with such transfer is in the 

22 national interest of the United States; and 

23 (ii) such defense articles are required 

24 by the military and security forces of Af25 ghanistan to build their capacity to restore 


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1 and maintain peace and security in that 

2 country. 

3 (f) QUARTERLY REPORTS.—

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

5 the date of the first transfer of defense articles and 

6 provision of defense services under the authority in 

7 subsection (a), and at the end of each calendar quar8 ter, if any, thereafter through March 31, 2015, in 

9 which the authority in subsection (a) is exercised, 

10 the Secretary of Defense shall submit to the appro11 priate committees of Congress a report on the imple12 mentation of the authority in subsection (a). Each 

13 report shall include the replacement value of the de14 fense articles transferred pursuant to subsection (a), 

15 both in the aggregate and by military department, 

16 and defense services provided to the Government of 

17 Afghanistan, during the 90-day period ending on the 

18 date of such report. 

19 (2) INCLUSION IN OTHER REPORT.—A report 

20 required under paragraph (1) may be included in the 

21 report required under section 9204 of the Supple22 mental Appropriations Act, 2008 (Public Law 110–

23 252; 122 Stat. 2410) or any follow on report to such 

24 other report. 

25 (g) DEFINITIONS.—In this section: 


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1 (1) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘‘appropriate committees of Con3 gress’’ means—

4 (A) the Committee on Armed Services, the 

5 Committee on Foreign Relations, and the Com6 mittee on Appropriations of the Senate; and 

7 (B) the Committee on Armed Services, the 

8 Committee on Foreign Affairs, and the Com9 mittee on Appropriations of the House of Rep10 resentatives. 

11 (2) DEFENSE ARTICLES.—The term ‘‘defense 

12 articles’’ has the meaning given the term in section 

13 644(d) of the Foreign Assistance Act of 1961 (22 

14 U.S.C. 2403(d)). 

15 (3) DEFENSE SERVICES.—The term ‘‘defense 

16 services’’ has the meaning given the term in section 

17 644(f) of the Foreign Assistance Act of 1961 (22 

18 U.S.C. 2403(f)). 

19 (4) MILITARY AND SECURITY FORCES.—The 

20 term ‘‘military and security forces’’ means national 

21 armies, national air forces, national navies, national 

22 guard forces, police forces, and border security 

23 forces, but does not include nongovernmental or ir24 regular forces (such as private militias). 


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1 (h) EXPIRATION.—The authority provided in sub2 section (a) may not be exercised after December 31, 2014. 

3 (i) EXCESS DEFENSE ARTICLES.—

4 (1) ADDITIONAL AUTHORITY.—The authority 

5 provided by subsection (a) is in addition to the au6 thority provided by section 516 of the Foreign As7 sistance Act of 1961. 

8 (2) EXEMPTIONS.—

9 (A) During fiscal years 2013 and 2014, 

10 the value of excess defense articles transferred 

11 from the stocks of the Department of Defense 

12 in Afghanistan pursuant to section 516 of the 

13 Foreign Assistance Act of 1961 shall not be 

14 counted against the limitation on the aggregate 

15 value of excess defense articles transferred con16 tained in subsection (g) of such section. 

17 (B) During fiscal years 2013 and 2014, 

18 any excess defense articles specified in subpara19 graph (A) shall not be subject to the authorities 

20 and limitations applicable to excess defense ar21 ticles under section 516 of the Foreign Assist22 ance Act of 1961 contained in subsections 

23 (b)(1)(B) and (e) of such section. 


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1 SEC. 1223. REPORT ON EFFORTS TO PROMOTE THE SECU2 RITY OF AFGHAN WOMEN AND GIRLS DURING 

3 THE SECURITY TRANSITION PROCESS. 

4 (a) REPORT.—

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, the Sec7 retary of Defense and the Secretary of State shall 

8 jointly submit to the appropriate congressional com9 mittees a report on efforts by the United States 

10 Government to promote the security of Afghan 

11 women and girls during the security transition proc12 ess. 

13 (2) ELEMENTS.—The report required under 

14 paragraph (1) shall include the following elements: 

15 (A) A discussion of efforts to monitor 

16 changes in women’s security conditions in areas 

17 undergoing transition, including the following: 

18 (i) A description of the roles and re19 sponsibilities of the offices within the 

20 International Security Assistance Force, 

21 the United States Embassy, and the 

22 NATO Training Mission–Afghanistan that 

23 have lead responsibility for gender issues. 

24 (ii) A description of the indicators 

25 against which sex-disaggregated data is 

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1 cators may enhance efforts to measure the 

2 security of women and girls during the 

3 transition process. 

4 (iii) A discussion of how these indica5 tors are or may be incorporated into ongo6 ing efforts to assess overall security condi7 tions during the transition period. 

8 (iv) Recommendations, if any, on how 

9 assessments of women’s security can be 

10 more fully integrated into current proce11 dures used to determine an area’s readi12 ness to proceed through the transition 

13 process. 

14 (B) A discussion of efforts that may in15 crease gender awareness and responsiveness 

16 among Afghan National Army (ANA) and Af17 ghan National Police (ANP) personnel, includ18 ing the following: 

19 (i) A description of the efforts, if any, 

20 to work with Afghan and coalition partners 

21 to promote training curricula and pro22 gramming that address the human rights 

23 and treatment of women and girls and that 

24 assess the quality and impact of such 

25 training. 


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1 (ii) A description of the efforts, if any, 

2 to work with ANA and ANP leaders to de3 velop enforcement and accountability 

4 mechanisms for ANA and ANP personnel 

5 who violate codes of conduct related to the 

6 human rights of women and girls. 

7 (iii) A description of the efforts, if 

8 any, to work with Afghan and coalition 

9 partners to promote the implementation of 

10 the above tools and develop uniform meth11 ods and standards for training and en12 forcement. 

13 (iv) Recommendations, if any, for en14 hancing efforts to promote the objectives 

15 described in clauses (i) through (iii). 

16 (C) A discussion of efforts to increase the 

17 number of female members of the ANA and 

18 ANP, including the following: 

19 (i) A description of the efforts, if any, 

20 to assist ANA and ANP leaders in devel21 oping realistic and achievable objectives for 

22 the recruitment and retention of women to 

23 the ANA and ANP by the end of the secu24 rity transition period in 2014. 


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1 (ii) A description of the efforts, if any, 

2 to assist ANA and ANP leaders and coali3 tion partners in addressing physical and 

4 cultural challenges to the recruitment and 

5 retention of female ANA and ANP per6 sonnel. 

7 (iii) A description of the efforts, if 

8 any, to assist ANA and ANP leaders in in9 creasing awareness of how women mem10 bers of the security forces may improve the 

11 overall effectiveness of the ANA and ANP. 

12 (iv) A description of the efforts, if 

13 any, to assist ANA and ANP leaders in de14 veloping a plan for maintaining and in15 creasing the recruitment and retention of 

16 women in the ANA and ANP following the 

17 completion of the security transition. 

18 (v) Recommendations, if any, for en19 hancing efforts to promote the objectives 

20 described in clauses (i) through (iv). 

21 (3) UPDATES.—The Secretary of Defense shall 

22 include in each report on progress toward security 

23 and stability in Afghanistan that is submitted to 

24 Congress under sections 1230 and 1231 of the Na25 tional Defense Authorization Act for Fiscal Year 


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1 2008 (Public Law 110–181; 122 Stat. 385, 390) up2 dated information on efforts by the United States 

3 Government to promote the security of Afghan 

4 women and girls consistent with the requirements of 

5 this section. 

6 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

7 DEFINED.—In this section, the term ‘‘appropriate con8 gressional committees’’ means—

9 (1) the Committee on Armed Services and the 

10 Committee on Foreign Relations of the Senate; and 

11 (2) the Committee on Armed Services and the 

12 Committee on Foreign Affairs of the House of Rep13 resentatives. 

14 SEC. 1224. SENSE OF CONGRESS COMMENDING THE EN15 DURING STRATEGIC PARTNERSHIP AGREE16 MENT BETWEEN THE UNITED STATES AND 

17 AFGHANISTAN. 

18 (a) FINDINGS.—Congress makes the following find19 ings: 

20 (1) The United States and Afghanistan have 

21 been allies in the conflict against al Qaeda and its 

22 affiliates for over a decade, with the shared goal of 

23 ensuring that Afghanistan is never again a sanc24 tuary for al Qaeda. 


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1 (2) The United States and Afghanistan are 

2 committed to the framework agreed to at the North 

3 Atlantic Treaty Organization (NATO) Summit in 

4 Lisbon in 2010, and reaffirmed at the NATO Sum5 mit in Chicago in 2012, for the transition from coa6 lition forces to the Afghan National Security Forces 

7 of lead responsibility for security throughout Af8 ghanistan by the end of 2014. 

9 (3) In June 2011, President Barack Obama 

10 said, ‘‘What we can do, and will do, is build a part11 nership with the Afghan people that endures—one 

12 that ensures that we will be able to continue tar13 geting terrorists and supporting a sovereign Afghan 

14 government’’. 

15 (4) In November 2011, a traditional loya jirga 

16 in Kabul declared that ‘‘strategic cooperation with 

17 the United States of America, which is a strategic 

18 ally of the people and government of Afghanistan, is 

19 considered important in order to ensure political, 

20 economic, and military security’’ and also stated, 

21 ‘‘Signing a strategic cooperation document with the 

22 United States conforms with the national interest of 

23 Afghanistan and is of significant importance’’. 

24 (5) On May 2, 2012, President Obama and 

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1 tegic Partnership Agreement Between the United 

2 States of America and the Islamic Republic of Af3 ghanistan. 

4 (6) At the signing of the Enduring Strategic 

5 Partnership Agreement, President Obama said, 

6 ‘‘Today we’re agreeing to be long-term partners in 

7 combating terrorism, and training Afghan security 

8 forces, strengthening democratic institutions and 

9 supporting development, and protecting human 

10 rights of all Afghans. With this agreement, the Af11 ghan people, and the world, should know that Af12 ghanistan has a friend and a partner in the United 

13 States’’. 

14 (7) At a May 20, 2012, bilateral meeting with 

15 President Karzai at the NATO Summit in Chicago, 

16 President Obama said that the Enduring Strategic 

17 Partnership Agreement ‘‘reflects a future in which 

18 two sovereign nations—the United States and Af19 ghanistan—are operating as partners, to the benefit 

20 of our countries’ citizens, but also for the benefit of 

21 peace and security and stability in the region and 

22 around the world’’. 

23 (8) President Karzai said at the May 20, 2012, 

24 bilateral meeting with President Obama, ‘‘Mr. Presi25 dent, the partnership that we signed a few weeks 


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1 ago in Kabul has turned a new page in our relations. 

2 And the new page is a page of two sovereign coun3 tries working together for the mutual interests—

4 peace and security and in all other areas’’. 

5 (9) On May 26, 2012, the Wolesi Jirga, the 

6 lower house of the Afghan parliament, approved the 

7 Agreement by a vote of 191–7 with 2 abstentions. 

8 (10) On June 3, 2012, the Meshrano Jirga, the 

9 upper house of the Afghan parliament, approved the 

10 Agreement by a vote of 67–13. 

11 (11) On July 8, 2012, at the Tokyo Conference 

12 on Afghanistan, the international community and 

13 the Government of Afghanistan reaffirmed their 

14 partnership in the economic growth and development 

15 of Afghanistan through a process of mutual commit16 ments and accountability. 

17 (12) On July 4, 2012, the Enduring Strategic 

18 Partnership Agreement entered into force. 

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that—

21 (1) the members of the United States Armed 

22 Forces, intelligence community, and diplomatic and 

23 development community of the United States are to 

24 be commended for their dedicated efforts and sac25 rifices in support of military and stability operations 


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1 in Afghanistan that have helped strengthen security 

2 in Afghanistan, laid the foundation for transition to 

3 a long-term partnership between the United States 

4 and a sovereign Afghanistan, and supported the 

5 Government and people of Afghanistan as they con6 tinue to build their capacity to effectively and justly 

7 govern; 

8 (2) the United States negotiating team for the 

9 Enduring Strategic Partnership Agreement, includ10 ing the United States Embassy personnel in Kabul 

11 under the leadership of Ambassador Ryan Crocker, 

12 is to be commended for its committed diplomatic ef13 forts; 

14 (3) the Governments of the United States and 

15 Afghanistan are to be commended for concluding the 

16 Enduring Strategic Partnership Agreement; 

17 (4) Congress supports the objectives and prin18 ciples of the Enduring Strategic Partnership Agree19 ment, including protecting and promoting shared 

20 democratic values, advancing long-term security, re21 inforcing regional security and cooperation, fostering 

22 social and economic development, upholding the 

23 rights of women and minorities, and strengthening 

24 institutions and governance in Afghanistan; 


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1 (5) it is essential that the Government and peo2 ple of Afghanistan fulfill Afghanistan’s international 

3 commitments as agreed at the Tokyo Conference of 

4 July 2012, the Bonn Conference of December 2011, 

5 the Kabul Conference of July 2011, and other 

6 venues to combat corruption, protect the equal 

7 rights of all citizens of Afghanistan and enforce the 

8 rule of law, hold free and fair elections in 2014, and 

9 build inclusive and effective institutions of demo10 cratic governance; 

11 (6) a key national security interest of the 

12 United States is to maintain a long-term political, 

13 economic, and military relationship with Afghani14 stan, including a limited presence of United States 

15 Armed Forces for the purpose of training, advising, 

16 and supporting Afghan National Security Forces 

17 and cooperating on shared counterterrorism objec18 tives; 

19 (7) the negotiation and conclusion of a Bilateral 

20 Security Agreement, as called for in the Enduring 

21 Strategic Partnership Agreement, will provide a fun22 damental framework for the long-term security rela23 tionship between the United States and Afghanistan; 

24 and 


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1 (8) Congress has a critical role in continuing to 

2 provide the support and assistance necessary to 

3 achieve the goals of the Enduring Strategic Partner4 ship Agreement. 

5 SEC. 1225. CONSULTATIONS WITH CONGRESS ON A BILAT6 ERAL SECURITY AGREEMENT WITH AFGHANI7 STAN. 

8 (a) CONSULTATIONS REQUIRED.—Commencing not 

9 later than 30 days after the date of the enactment of this 

10 Act, the President shall consult periodically with the ap11 propriate committees of Congress on the status of the ne12 gotiations on a bilateral security agreement between the 

13 United States of America and the Islamic Republic of Af14 ghanistan. Such consultations shall include a briefing 

15 summarizing the purpose, objectives, and key issues relat16 ing to the agreement. 

17 (b) AVAILABILITY OF AGREEMENT TEXT.—Before 

18 entering into any bilateral security agreement with Af19 ghanistan, the President shall make available to the ap20 propriate committees of Congress the text of such agree21 ment. 

22 (c) TERMINATION OF CONSULTATIONS.—The re23 quirements of this section shall terminate on the date on 

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1 gress that negotiations on such an agreement have been 

2 terminated. 

3 (d) APPROPRIATE COMMITTEES OF CONGRESS DE4 FINED.—In this section, the term ‘‘appropriate commit5 tees of Congress’’ means—

6 (1) the Committee on Armed Services and the 

7 Committee on Foreign Relations of the Senate; and 

8 (2) the Committee on Armed Services and the 

9 Committee on Foreign Affairs of the House of Rep10 resentatives. 

11 SEC. 1226. COMPLETION OF TRANSITION OF UNITED 

12 STATES COMBAT AND MILITARY AND SECU13 RITY OPERATIONS TO THE GOVERNMENT OF 

14 AFGHANISTAN. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that—

17 (1) the President should, in coordination with 

18 the Government of Afghanistan, North Atlantic 

19 Treaty Organization (NATO) member countries, and 

20 other allies in Afghanistan, seek to—

21 (A) undertake all appropriate activities to 

22 accomplish the President’s stated goal of 

23 transitioning the lead responsibility for security 

24 to the Government of Afghanistan by mid-sum25 mer 2013; 


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1 (B) as part of accomplishing this transi2 tion of the lead responsibility for security to the 

3 Government of Afghanistan, draw down United 

4 States troops to a level sufficient to meet this 

5 goal; 

6 (C) continue to draw down United States 

7 troop levels through the end of 2014; and 

8 (D) end all regular combat operations by 

9 United States troops by not later than Decem10 ber 31, 2014, and take all possible steps to end 

11 such operations at the earliest date consistent 

12 with a safe and orderly draw down of United 

13 States troops in Afghanistan; and 

14 (2) the recommendations of the commanders of 

15 the International Security Assistance Force on the 

16 overall strategy for Afghanistan, including the pace 

17 of the draw down, should be given serious consider18 ation. 

19 (b) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to recommend or support any limi21 tation or prohibition on any authority of the President—

22 (1) to modify the military strategy, tactics, and 

23 operations of United States Armed Forces as such 

24 Armed Forces redeploy from Afghanistan; 


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1 (2) to authorize United States forces in Af2 ghanistan to defend themselves whenever they may 

3 be threatened; 

4 (3) to attack al-Qaeda forces wherever such 

5 forces are located; 

6 (4) to provide financial support and equipment 

7 to the Government of Afghanistan for the training 

8 and supply of Afghanistan military and security 

9 forces; or 

10 (5) to gather, provide, and share intelligence 

11 with United States allies operating in Afghanistan 

12 and Pakistan. 

13 SEC. 1227. EXTENSION AND MODIFICATION OF AUTHORITY 

14 FOR REIMBURSEMENT OF CERTAIN COALI15 TION NATIONS FOR SUPPORT PROVIDED TO 

16 UNITED STATES MILITARY OPERATIONS. 

17 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

18 section 1233 of the National Defense Authorization Act 

19 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

20 393), as most recently amended by section 1213 of the 

21 National Defense Authorization Act for Fiscal Year 2012 

22 (Public Law 112–81; 125 Stat. 1630), is further amended 

23 by striking ‘‘for fiscal year 2012’’ and inserting ‘‘for fiscal 

24 year 2013’’. 


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1 (b) LIMITATION ON AMOUNTS AVAILABLE.—Sub2 section (d) of such section 1233, as so amended, is further 

3 amended—

4 (1) in paragraph (1)—

5 (A) by striking ‘‘during fiscal year 2012 

6 may not exceed $1,690,000,000’’ and inserting 

7 ‘‘during fiscal year 2013 may not exceed 

8 $1,650,000,000’’; and 

9 (B) by adding at the end the following new 

10 sentence: ‘‘Of the aggregate amount specified in 

11 the preceding sentence, the total amount of re12 imbursements made under subsection (a) and 

13 support provided under subsection (b) to Paki14 stan during fiscal year 2013 may not exceed 

15 $1,200,000,000.’’; and 

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

17 paragraph: 

18 ‘‘(3) PROHIBITION ON REIMBURSEMENT OF

19 PAKISTAN FOR SUPPORT DURING PERIODS CLOSED

20 TO TRANSSHIPMENT.—Effective as of the date of the 

21 enactment of the National Defense Authorization 

22 Act for Fiscal Year 2013, funds (including funds 

23 from a prior fiscal year that remain available for ob24 ligation) may not be used for reimbursements under 

25 the authority in subsection (a) for Pakistan for 


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1 claims of support provided during any period when 

2 the ground lines of supply through Pakistan to Af3 ghanistan were closed to the transshipment of equip4 ment and supplies in support of United States mili5 tary operations in Afghanistan.’’. 

6 (c) SUPPORTED OPERATIONS.—Such section 1233 is 

7 further amended in subsections (a)(1) and (b) by striking 

8 ‘‘Operation Iraqi Freedom or’’. 

9 (d) LIMITATION ON REIMBURSEMENT OF PAKISTAN

10 IN FISCAL YEAR 2013 PENDING CERTIFICATION ON

11 PAKISTAN.—

12 (1) IN GENERAL.—Effective as of the date of 

13 the enactment of this Act, no amounts authorized to 

14 be appropriated by this Act, and no amounts author15 ized to be appropriated for fiscal years before fiscal 

16 year 2013 that remain available for obligation, may 

17 be used for reimbursements of Pakistan under the 

18 authority in subsection (a) of section 1233 of the 

19 National Defense Authorization Act for Fiscal Year 

20 2008, as amended by this section, until the Sec21 retary of Defense certifies to the congressional de22 fense committees each of the following: 

23 (A) That Pakistan is maintaining security 

24 along the Ground Lines of Communications 

25 (GLOCs) through Pakistan to Afghanistan for 


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1 the transshipment of equipment and supplies in 

2 support of United States military operations in 

3 Afghanistan and the retrograde of United 

4 States equipment out of Afghanistan. 

5 (B) That Pakistan is taking demonstrable 

6 steps to—

7 (i) support counterterrorism oper8 ations against al Qaeda, Tehrik-i-Taliban 

9 Pakistan, and other militant extremists 

10 groups such as the Haqqani Network and 

11 the Quetta Shura Taliban located in Paki12 stan; 

13 (ii) disrupt the conduct of cross-bor14 der attacks against United States, coali15 tion, and Afghanistan security forces lo16 cated in Afghanistan by such groups (in17 cluding the Haqqani Network and the 

18 Quetta Shura Taliban) from bases in Paki19 stan; and 

20 (iii) counter the threat of improvised 

21 explosive devices, including efforts to at22 tack improvised explosive device networks, 

23 monitor known precursors used in impro24 vised explosive devices, and systematically 

25 address the misuse of explosive materials 


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1 (including calcium ammonium nitrate) and 

2 accessories and their supply to legitimate 

3 end-users in a manner that impedes the 

4 flow of improvised explosive devices and 

5 improvised explosive device components 

6 into Afghanistan. 

7 (2) WAIVER AUTHORITY.—The Secretary may 

8 waive the limitation in paragraph (1) if the Sec9 retary certifies to the congressional defense commit10 tees in writing that the waiver is in the national se11 curity interests of the United States and includes 

12 with such certification a justification for the waiver. 

13 (3) REPORT.—Not later than 90 days after the 

14 date of enactment of this Act, the Secretary of De15 fense shall, in consultation with the Secretary of 

16 State, submit to the congressional defense commit17 tees a report on the provision of reimbursements and 

18 support to Pakistan under this section and the 

19 amendments made by this section. The report shall 

20 include the following: 

21 (A) A description of the process for reim22 bursing or providing support to Pakistan under 

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1 ed, including the process by which claims are 

2 proposed and adjudicated. 

3 (B) Any conditions or caveats that the 

4 Government of Pakistan has placed on the use 

5 of the ground lines of supply through Pakistan 

6 in support of United States forces in Afghani7 stan or for the retrograde of United States 

8 equipment out of Afghanistan. 

9 (C) An estimate of the costs for fiscal 

10 years 2011 through 2013 associated with the 

11 transshipment of equipment and supplies in 

12 support of United States forces in Afghanistan 

13 through—

14 (i) supply routes in Pakistan; and 

15 (ii) supply routes along the Northern 

16 Distribution Network. 

17 SEC. 1228. EXTENSION AND MODIFICATION OF PAKISTAN 

18 COUNTERINSURGENCY FUND. 

19 (a) EXTENSION.—Section 1224(h) of the National 

20 Defense Authorization Act for Fiscal Year 2010 (Public 

21 Law 111–84; 123 Stat. 2521), as most recently amended 

22 by section 1220(a) of the National Defense Authorization 

23 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

24 1633), is further amended by striking ‘‘September 30, 


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1 2012’’ each place it appears and inserting ‘‘September 30, 

2 2013’’. 

3 (b) EXTENSION OF LIMITATION ON FUNDS PENDING

4 REPORT.—Section 1220(b)(1)(A) of the National Defense 

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

6 81; 125 Stat. 1633) is amended by striking ‘‘fiscal year 

7 2012’’ and inserting ‘‘fiscal year 2013’’. 

8 (c) LIMITATION ON USE OF FUNDS.—

9 (1) LIMITATION.—None of the funds authorized 

10 to be appropriated by this Act or otherwise made 

11 available for the Pakistan Counterinsurgency Fund 

12 may be used to provide assistance to the Govern13 ment of Pakistan until the Secretary of Defense, in 

14 consultation with the Secretary of State, certifies to 

15 the appropriate congressional committees that—

16 (A) the Government of Pakistan is dem17 onstrating a continuing commitment to and is 

18 making significant efforts toward the implemen19 tation of a strategy to counter improvised explo20 sive devices (IEDs), including—

21 (i) attacking IED networks; 

22 (ii) monitoring known precursors used 

23 in IEDs; and 

24 (iii) developing a strict protocol for 

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1 cluding calcium ammonium nitrate, and 

2 accessories and their supply to legitimate 

3 end users; and 

4 (B) the Government of Pakistan is cooper5 ating with United States counterterrorism ef6 forts, including by not detaining, prosecuting, 

7 or imprisoning citizens of Pakistan as a result 

8 of their cooperation with such efforts, including 

9 Dr. Shakil Afridi. 

10 (2) WAIVER.—The Secretary of Defense, in 

11 consultation with the Secretary of State, may waive 

12 the requirements of paragraph (1) if the Secretary 

13 of Defense determines it is in the national security 

14 interest of the United States to do so. 

15 (3) DEFINITION.—In this subsection, the term 

16 ‘‘appropriate congressional committees’’ means—

17 (A) the congressional defense committees; 

18 and 

19 (B) the Committee on Foreign Relations of 

20 the Senate and the Committee on Foreign Af21 fairs of the House of Representatives. 


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1 Subtitle C—Matters Relating to 

2 Iran 

3 SEC. 1231. REPORT ON UNITED STATES CAPABILITIES IN 

4 RELATION TO CHINA, NORTH KOREA, AND 

5 IRAN. 

6 (a) REPORT.—Not later than 90 days after the date 

7 of the enactment of this Act, and not later than March 

8 31, 2014, the Chairman of the Joint Chiefs of Staff, in 

9 consultation with the commanders of the relevant geo10 graphical and functional combatant commands, shall sub11 mit to the congressional defense committees a report on 

12 United States capabilities in relation to the People’s Re13 public of China, the Democratic People’s Republic of 

14 Korea, and the Republic of Iran. 

15 (b) ELEMENTS.—The report required by subsection 

16 (a) shall include the following elements: 

17 (1) Any critical gaps in intelligence that limit 

18 the ability of the United States Armed Forces to 

19 counter challenges or threats emanating from each 

20 of the foreign countries described in subsection (a). 

21 (2) Any gaps in the capabilities, capacity, and 

22 authorities of the United States Armed Forces to 

23 counter challenges or threats to United States per24 sonnel and United States interests in the respective 


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1 regions of the foreign countries described in sub2 section (a). 

3 (3) Any other matters the Chairman of the 

4 Joint Chiefs of Staff considers to be relevant. 

5 (c) INFORMATION TO BE CONSIDERED.—In pre6 paring the report required by subsection (a), the Chair7 man of the Joint Chiefs of Staff should consider the infor8 mation contained in the most recent reports required by 

9 the following: 

10 (1) Section 1236 of the National Defense Au11 thorization Act for Fiscal Year 2012 (Public Law 

12 112–81; 125 Stat. 1641). 

13 (2) Section 1245 of the National Defense Au14 thorization Act for Fiscal Year 2010 (Public Law 

15 111–84; 123 Stat. 2542). 

16 (3) Section 1202 of the National Defense Au17 thorization Act for Fiscal Year 2000 (Public Law 

18 106–65; 113 Stat. 781; 10 U.S.C. 113 note). 

19 SEC. 1232. REPORT ON MILITARY CAPABILITIES OF GULF 

20 COOPERATION COUNCIL MEMBERS. 

21 (a) REPORT.—The Secretary of Defense, in consulta22 tion with the Secretary of State, shall evaluate the military 

23 capabilities of members of the Cooperation Council for the 

24 Arab States of the Gulf (in this section referred to as the 

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1 priate congressional committees a report on the findings 

2 of such evaluation. 

3 (b) MATTERS TO BE INCLUDED.—The report re4 quired under subsection (a) shall include the following: 

5 (1) An assessment of the military capabilities of 

6 Gulf Cooperation Council members to defend collec7 tively against Iran and contribute to international 

8 counter-terrorism and counter-piracy efforts. 

9 (2) An assessment of gaps in the military capa10 bilities of Gulf Cooperation Council members to de11 fend collectively against Iran and a detailed descrip12 tion of military capabilities necessary to address 

13 those gaps. 

14 (3) An evaluation of United States military ca15 pabilities and posture in the region and an analysis 

16 of the capacity of the United States Armed Forces 

17 to augment the military capabilities of Gulf Coopera18 tion Council members. 

19 (4) A description of the United States Govern20 ment’s ongoing efforts to foster regional cooperation 

21 through ongoing bilateral and multilateral strategic 

22 security dialogues. 

23 (5) A summary of Gulf Cooperation Council 

24 operational and training requests to the United 


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1 States Government and the associated actions taken 

2 by the United States Government. 

3 (c) SUBMISSION TO CONGRESS.—The report required 

4 under subsection (a) shall be submitted to the appropriate 

5 congressional committees not later than 180 days after the 

6 date of the enactment of this Act. 

7 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

8 DEFINED.—In this section, the term ‘‘appropriate con9 gressional committees’’ means—

10 (1) the Committee on Appropriations, the Com11 mittee on Armed Services, and the Committee on 

12 Foreign Relations of the Senate; and 

13 (2) the Committee on Appropriations, the Com14 mittee on Armed Services, and the Committee on 

15 Foreign Affairs of the House of Representatives. 

16 SEC. 1233. SENSE OF CONGRESS WITH RESPECT TO IRAN. 

17 It is the sense of Congress that the United States 

18 should be prepared to take all necessary measures, includ19 ing military action if required, to prevent Iran from 

20 threatening the United States, its allies, or Iran’s neigh21 bors with a nuclear weapon. 

22 SEC. 1234. RULE OF CONSTRUCTION. 

23 Nothing in this Act shall be construed as authorizing 

24 the use of force against Iran. 


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1 Subtitle D—Iran Sanctions 

2 SEC. 1241. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Iran Freedom and 

4 Counter-Proliferation Act of 2012’’. 

5 SEC. 1242. DEFINITIONS. 

6 (a) IN GENERAL.—In this subtitle: 

7 (1) AGRICULTURAL COMMODITY.—The term 

8 ‘‘agricultural commodity’’ has the meaning given 

9 that term in section 102 of the Agricultural Trade 

10 Act of 1978 (7 U.S.C. 5602). 

11 (2) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional com13 mittees’’ means—

14 (A) the committees specified in section 

15 14(2) of the Iran Sanctions Act of 1996 (Public 

16 Law 104–172; 50 U.S.C. 1701 note); and 

17 (B) the Committee on Armed Services of 

18 the Senate and the Committee on Armed Serv19 ices of the House of Representatives. 

20 (3) COAL.—The term ‘‘coal’’ means metallur21 gical coal, coking coal, or fuel coke. 

22 (4) CORRESPONDENT ACCOUNT; PAYABLE23 THROUGH ACCOUNT.—The terms ‘‘correspondent ac24 count’’ and ‘‘payable-through account’’ have the 


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1 meanings given those terms in section 5318A of title 

2 31, United States Code. 

3 (5) FOREIGN FINANCIAL INSTITUTION.—The 

4 term ‘‘foreign financial institution’’ has the meaning 

5 of that term as determined by the Secretary of the 

6 Treasury pursuant to section 104(i) of the Com7 prehensive Iran Sanctions, Accountability, and Di8 vestment Act of 2010 (22 U.S.C. 8513(i)). 

9 (6) GOOD.—The term ‘‘good’’ has the meaning 

10 given that term in section 16 of the Export Adminis11 tration Act of 1979 (50 U.S.C. App. 2415) (as con12 tinued in effect pursuant to the International Emer13 gency Economic Powers Act (50 U.S.C. 1701 et 

14 seq.)). 

15 (7) IRANIAN FINANCIAL INSTITUTION.—The 

16 term ‘‘Iranian financial institution’’ has the meaning 

17 given that term in section 104A(d) of the Com18 prehensive Iran Sanctions, Accountability, and Di19 vestment Act of 2010 (22 U.S.C. 8513b(d)). 

20 (8) IRANIAN PERSON.—The term ‘‘Iranian per21 son’’ means—

22 (A) an individual who is a citizen or na23 tional of Iran; and 


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1 (B) an entity organized under the laws of 

2 Iran or otherwise subject to the jurisdiction of 

3 the Government of Iran. 

4 (9) KNOWINGLY.—The term ‘‘knowingly’’, with 

5 respect to conduct, a circumstance, or a result, 

6 means that a person has actual knowledge, or should 

7 have known, of the conduct, the circumstance, or the 

8 result. 

9 (10) MEDICAL DEVICE.—The term ‘‘medical de10 vice’’ has the meaning given the term ‘‘device’’ in 

11 section 201 of the Federal Food, Drug, and Cos12 metic Act (21 U.S.C. 321). 

13 (11) MEDICINE.—The term ‘‘medicine’’ has the 

14 meaning given the term ‘‘drug’’ in section 201 of the 

15 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

16 321). 

17 (12) SHIPPING.—The term ‘‘shipping’’ refers to 

18 the transportation of goods by a vessel and related 

19 activities. 

20 (13) UNITED STATES PERSON.—The term 

21 ‘‘United States person’’ has the meaning given that 

22 term in section 101 of the Comprehensive Iran 

23 Sanctions, Accountability, and Divestment Act of 

24 2010 (22 U.S.C. 8511). 


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1 (14) VESSEL.—The term ‘‘vessel’’ has the 

2 meaning given that term in section 3 of title 1, 

3 United States Code. 

4 (b) DETERMINATIONS OF SIGNIFICANCE.—For pur5 poses of this subtitle, in determining if financial trans6 actions or financial services are significant, the President 

7 may consider the totality of the facts and circumstances, 

8 including factors similar to the factors set forth in section 

9 561.404 of title 31, Code of Federal Regulations (or any 

10 corresponding similar regulation or ruling). 

11 SEC. 1243. SENSE OF CONGRESS RELATING TO VIOLATIONS 

12 OF HUMAN RIGHTS BY IRAN. 

13 (a) FINDING.—Congress finds that the interests of 

14 the United States and international peace are threatened 

15 by the ongoing and destabilizing actions of the Govern16 ment of Iran, including its massive, systematic, and ex17 traordinary violations of the human rights of its own citi18 zens. 

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that the United States should—

21 (1) deny the Government of Iran the ability to 

22 continue to oppress the people of Iran and to use vi23 olence and executions against pro-democracy 

24 protestors and regime opponents; 


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1 (2) fully and publicly support efforts made by 

2 the people of Iran to promote the establishment of 

3 basic freedoms that build the foundation for the 

4 emergence of a freely elected, open, and democratic 

5 political system; 

6 (3) help the people of Iran produce, access, and 

7 share information freely and safely via the Internet 

8 and through other media; and 

9 (4) defeat all attempts by the Government of 

10 Iran to jam or otherwise obstruct international sat11 ellite broadcast signals. 

12 SEC. 1244. IMPOSITION OF SANCTIONS WITH RESPECT TO 

13 THE ENERGY, SHIPPING, AND SHIPBUILDING 

14 SECTORS OF IRAN. 

15 (a) FINDINGS.—Congress makes the following find16 ings: 

17 (1) Iran’s energy, shipping, and shipbuilding 

18 sectors and Iran’s ports are facilitating the Govern19 ment of Iran’s nuclear proliferation activities by pro20 viding revenue to support proliferation activities. 

21 (2) The United Nations Security Council and 

22 the United States Government have expressed con23 cern about the proliferation risks presented by the 

24 Iranian nuclear program. 


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1 (3) The Director General of the International 

2 Atomic Energy Agency (in this section referred to as 

3 the ‘‘IAEA’’) has in successive reports (GOV/2012/

4 37 and GOV/2011/65) identified possible military di5 mensions of Iran’s nuclear program. 

6 (4) The Government of Iran continues to defy 

7 the requirements and obligations contained in rel8 evant IAEA Board of Governors and United Nations 

9 Security Council resolutions, including by continuing 

10 and expanding uranium enrichment activities in 

11 Iran, as reported in IAEA Report GOV/2012/37. 

12 (5) United Nations Security Council Resolution 

13 1929 (2010) recognizes the ‘‘potential connection be14 tween Iran’s revenues derived from its energy sector 

15 and the funding of Iran’s proliferation sensitive nu16 clear activities’’. 

17 (6) The National Iranian Tanker Company is 

18 the main carrier for the Iranian Revolutionary 

19 Guard Corps-designated National Iranian Oil Com20 pany and a key element in the petroleum supply 

21 chain responsible for generating energy revenues 

22 that support the illicit nuclear proliferation activities 

23 of the Government of Iran. 

24 (b) DESIGNATION OF PORTS AND ENTITIES IN THE

25 ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF


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1 IRAN AS ENTITIES OF PROLIFERATION CONCERN.—Enti2 ties that operate ports in Iran and entities in the energy, 

3 shipping, and shipbuilding sectors of Iran, including the 

4 National Iranian Oil Company, the National Iranian 

5 Tanker Company, the Islamic Republic of Iran Shipping 

6 Lines, and their affiliates, play an important role in Iran’s 

7 nuclear proliferation efforts and all such entities are here8 by designated as entities of proliferation concern. 

9 (c) BLOCKING OF PROPERTY OF ENTITIES IN EN10 ERGY, SHIPPING, AND SHIPBUILDING SECTORS.—

11 (1) BLOCKING OF PROPERTY.—

12 (A) IN GENERAL.—On and after the date 

13 that is 180 days after the date of the enact14 ment of this Act, the President shall block and 

15 prohibit all transactions in all property and in16 terests in property of any person described in 

17 paragraph (2) if such property and interests in 

18 property are in the United States, come within 

19 the United States, or are or come within the 

20 possession or control of a United States person. 

21 (B) EXCEPTION.—The requirement to 

22 block and prohibit all transactions in all prop23 erty and interests in property under subpara24 graph (A) shall not include the authority to im25 pose sanctions on the importation of goods. 


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1 (2) PERSONS DESCRIBED.—A person is de2 scribed in this paragraph if the President determines 

3 that the person, on or after the date that is 180 

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

5 (A) is part of the energy, shipping, or ship6 building sectors of Iran; 

7 (B) operates a port in Iran; or 

8 (C) knowingly provides significant finan9 cial, material, technological, or other support to, 

10 or goods or services in support of any activity 

11 or transaction on behalf of or for the benefit 

12 of—

13 (i) a person determined under sub14 paragraph (A) to be a part of the energy, 

15 shipping, or shipbuilding sectors of Iran; 

16 (ii) a person determined under sub17 paragraph (B) to operate a port in Iran; or 

18 (iii) an Iranian person included on the 

19 list of specially designated nationals and 

20 blocked persons maintained by the Office 

21 of Foreign Assets Control of the Depart22 ment of the Treasury (other than an Ira23 nian financial institution described in para24 graph (3)). 


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1 (3) IRANIAN FINANCIAL INSTITUTIONS DE2 SCRIBED.—An Iranian financial institution described 

3 in this paragraph is an Iranian financial institution 

4 that has not been designated for the imposition of 

5 sanctions in connection with—

6 (A) Iran’s proliferation of weapons of mass 

7 destruction or delivery systems for weapons of 

8 mass destruction; 

9 (B) Iran’s support for international ter10 rorism; or 

11 (C) Iran’s abuses of human rights. 

12 (d) ADDITIONAL SANCTIONS WITH RESPECT TO THE

13 ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF

14 IRAN.—

15 (1) SALE, SUPPLY, OR TRANSFER OF CERTAIN

16 GOODS AND SERVICES.—

17 (A) IN GENERAL.—Except as provided in 

18 this section, the President shall impose 5 or 

19 more of the sanctions described in section 6(a) 

20 of the Iran Sanctions Act of 1996 (Public Law 

21 104–172; 50 U.S.C. 1701 note) with respect to 

22 a person if the President determines that the 

23 person knowingly, on or after the date that is 

24 180 days after the date of the enactment of this 


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1 Act, sells, supplies, or transfers to or from Iran 

2 goods or services described in paragraph (3). 

3 (B) EXCEPTION.—The requirement to im4 pose sanctions under subparagraph (A) shall 

5 not include the authority to impose sanctions 

6 relating to the importation of goods under para7 graph (8)(A) or (12) of section 6(a) of the Iran 

8 Sanctions Act of 1996, and any sanction relat9 ing to the importation of goods shall not count 

10 for purposes of the requirement to impose sanc11 tions under subparagraph (A). 

12 (2) FACILITATION OF CERTAIN TRANS13 ACTIONS.—Except as provided in this section, the 

14 President shall prohibit the opening, and prohibit or 

15 impose strict conditions on the maintaining, in the 

16 United States of a correspondent account or a pay17 able-through account by a foreign financial institu18 tion that the President determines knowingly, on or 

19 after the date that is 180 days after the date of the 

20 enactment of this Act, conducts or facilitates a sig21 nificant financial transaction for the sale, supply, or 

22 transfer to or from Iran of goods or services de23 scribed in paragraph (3). 

24 (3) GOODS AND SERVICES DESCRIBED.—Goods 

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1 cant goods or services used in connection with the 

2 energy, shipping, or shipbuilding sectors of Iran, in3 cluding the National Iranian Oil Company, the Na4 tional Iranian Tanker Company, and the Islamic Re5 public of Iran Shipping Lines. 

6 (e) HUMANITARIAN EXCEPTION.—The President 

7 may not impose sanctions under this section with respect 

8 to any person for conducting or facilitating a transaction 

9 for the sale of agricultural commodities, food, medicine, 

10 or medical devices to Iran or for the provision of humani11 tarian assistance to the people of Iran. 

12 (f) EXCEPTION FOR AFGHANISTAN RECONSTRUC13 TION.—The President may provide for an exception from 

14 the imposition of sanctions under this section for recon15 struction assistance or economic development for Afghani16 stan—

17 (1) to the extent that the President determines 

18 that such an exception is in the national interest of 

19 the United States; and 

20 (2) if the President submits to the appropriate 

21 congressional committees a notification of and jus22 tification for the exception not later than 15 days 

23 before issuing the exception. 

24 (g) APPLICABILITY OF SANCTIONS TO PETROLEUM

25 AND PETROLEUM PRODUCTS.—


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), this section shall apply with respect to 

3 the purchase of petroleum or petroleum products 

4 from Iran only if, at the time of the purchase, a de5 termination of the President under section 

6 1245(d)(4)(B) of the National Defense Authoriza7 tion Act for Fiscal Year 2012 (22 U.S.C. 

8 8513a(d)(4)(B)) that the price and supply of petro9 leum and petroleum products produced in countries 

10 other than Iran is sufficient to permit purchasers of 

11 petroleum and petroleum products from Iran to re12 duce significantly their purchases from Iran is in ef13 fect. 

14 (2) EXCEPTION FOR CERTAIN COUNTRIES.—

15 (A) EXPORTATION.—This section shall not 

16 apply with respect to the exportation of petro17 leum or petroleum products from Iran to a 

18 country to which the exception under section 

19 1245(d)(4)(D)(i) of the National Defense Au20 thorization Act for Fiscal Year 2012 (22 U.S.C. 

21 8513a(d)(4)(D)(i)) applies at the time of the 

22 exportation of the petroleum or petroleum prod23 ucts. 

24 (B) FINANCIAL TRANSACTIONS.—


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1 (i) IN GENERAL.—This section shall 

2 not apply with respect to a financial trans3 action described in clause (ii) conducted or 

4 facilitated by a foreign financial institution 

5 if, at the time of the transaction, the ex6 ception under section 1245(d)(4)(D)(i) of 

7 the National Defense Authorization Act for 

8 Fiscal Year 2012 (22 U.S.C. 

9 8513a(d)(4)(D)(i)) applies to the country 

10 with primary jurisdiction over the foreign 

11 financial institution. 

12 (ii) FINANCIAL TRANSACTIONS DE13 SCRIBED.—A financial transaction con14 ducted or facilitated by a foreign financial 

15 institution is described in this clause if—

16 (I) the financial transaction is 

17 only for trade in goods or services—

18 (aa) not otherwise subject to 

19 sanctions under the law of the 

20 United States; and 

21 (bb) between the country 

22 with primary jurisdiction over the 

23 foreign financial institution and 

24 Iran; and 


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1 (II) any funds owed to Iran as a 

2 result of such trade are credited to an 

3 account located in the country with 

4 primary jurisdiction over the foreign 

5 financial institution. 

6 (h) APPLICABILITY OF SANCTIONS TO NATURAL

7 GAS.—

8 (1) SALE, SUPPLY, OR TRANSFER.—Except as 

9 provided in paragraph (2), this section shall not 

10 apply to the sale, supply, or transfer to or from Iran 

11 of natural gas. 

12 (2) FINANCIAL TRANSACTIONS.—This section 

13 shall apply to a foreign financial institution that 

14 conducts or facilitates a financial transaction for the 

15 sale, supply, or transfer to or from Iran of natural 

16 gas unless—

17 (A) the financial transaction is only for 

18 trade in goods or services—

19 (i) not otherwise subject to sanctions 

20 under the law of the United States; and 

21 (ii) between the country with primary 

22 jurisdiction over the foreign financial insti23 tution and Iran; and 

24 (B) any funds owed to Iran as a result of 

25 such trade are credited to an account located in 


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1 the country with primary jurisdiction over the 

2 foreign financial institution. 

3 (i) WAIVER.—

4 (1) IN GENERAL.—The President may waive 

5 the imposition of sanctions under this section for a 

6 period of not more than 180 days, and may renew 

7 that waiver for additional periods of not more than 

8 180 days, if the President—

9 (A) determines that such a waiver is vital 

10 to the national security of the United States; 

11 and 

12 (B) submits to the appropriate congres13 sional committees a report providing a justifica14 tion for the waiver. 

15 (2) FORM OF REPORT.—Each report submitted 

16 under paragraph (1)(B) shall be submitted in un17 classified form, but may include a classified annex. 

18 SEC. 1245. IMPOSITION OF SANCTIONS WITH RESPECT TO 

19 THE SALE, SUPPLY, OR TRANSFER OF CER20 TAIN MATERIALS TO OR FROM IRAN. 

21 (a) SALE, SUPPLY, OR TRANSFER OF CERTAIN MA22 TERIALS.—

23 (1) IN GENERAL.—The President shall impose 

24 5 or more of the sanctions described in section 6(a) 

25 of the Iran Sanctions Act of 1996 (Public Law 104–


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1 172; 50 U.S.C. 1701 note) with respect to a person 

2 if the President determines that the person know3 ingly, on or after the date that is 180 days after the 

4 date of the enactment of this Act, sells, supplies, or 

5 transfers, directly or indirectly, to or from Iran—

6 (A) a precious metal; 

7 (B) a material described in subsection (d) 

8 determined pursuant to subsection (e)(1) to be 

9 used by Iran as described in that subsection; 

10 (C) any other material described in sub11 section (d) if—

12 (i) the material is—

13 (I) to be used in connection with 

14 the energy, shipping, or shipbuilding 

15 sectors of Iran or any sector of the 

16 economy of Iran determined pursuant 

17 to subsection (e)(2) to be controlled 

18 directly or indirectly by Iran’s Revolu19 tionary Guard Corps; 

20 (II) sold, supplied, or transferred 

21 to or from an Iranian person included 

22 on the list of specially designated na23 tionals and blocked persons main24 tained by the Office of Foreign Assets 

25 Control of the Department of the 


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1 Treasury (other than an Iranian fi2 nancial institution described in sub3 section (b)); or 

4 (III) determined pursuant to sub5 section (e)(3) to be used in connection 

6 with the nuclear, military, or ballistic 

7 missile programs of Iran; or 

8 (ii) the material is resold, retrans9 ferred, or otherwise supplied—

10 (I) to an end-user in a sector de11 scribed in subclause (I) of clause (i); 

12 (II) to a person described in sub13 clause (II) of that clause; or 

14 (III) for a program described in 

15 subclause (III) of that clause. 

16 (2) EXCEPTION.—The requirement to impose 

17 sanctions under paragraph (1) shall not include the 

18 authority to impose sanctions relating to the impor19 tation of goods under paragraph (8)(A) or (12) of 

20 section 6(a) of the Iran Sanctions Act of 1996, and 

21 any sanction relating to the importation of goods 

22 shall not count for purposes of the requirement to 

23 impose sanctions under paragraph (1). 

24 (b) IRANIAN FINANCIAL INSTITUTIONS DE25 SCRIBED.—An Iranian financial institution described in 


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1 this subsection is an Iranian financial institution that has 

2 not been designated for the imposition of sanctions in con3 nection with—

4 (1) Iran’s proliferation of weapons of mass de5 struction or delivery systems for weapons of mass 

6 destruction; 

7 (2) Iran’s support for international terrorism; 

8 or 

9 (3) Iran’s abuses of human rights. 

10 (c) FACILITATION OF CERTAIN TRANSACTIONS.—

11 The President shall prohibit the opening, and prohibit or 

12 impose strict conditions on the maintaining, in the United 

13 States of a correspondent account or a payable-through 

14 account by a foreign financial institution that the Presi15 dent determines knowingly, on or after the date that is 

16 180 days after the date of the enactment of this Act, con17 ducts or facilitates a significant financial transaction for 

18 the sale, supply, or transfer to or from Iran of materials 

19 the sale, supply, or transfer of which would subject a per20 son to sanctions under subsection (a). 

21 (d) MATERIALS DESCRIBED.—Materials described in 

22 this subsection are graphite, raw or semi-finished metals 

23 such as aluminum and steel, coal, and software for inte24 grating industrial processes. 


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1 (e) DETERMINATION WITH RESPECT TO USE OF MA2 TERIALS.—Not later than 180 days after the date of the 

3 enactment of this Act, and every 180 days thereafter, the 

4 President shall submit to the appropriate congressional 

5 committees and publish in the Federal Register a report 

6 that contains the determination of the President with re7 spect to—

8 (1) whether Iran is—

9 (A) using any of the materials described in 

10 subsection (d) as a medium for barter, swap, or 

11 any other exchange or transaction; or 

12 (B) listing any of such materials as assets 

13 of the Government of Iran for purposes of the 

14 national balance sheet of Iran; 

15 (2) which sectors of the economy of Iran are 

16 controlled directly or indirectly by Iran’s Revolu17 tionary Guard Corps; and 

18 (3) which of the materials described in sub19 section (d) are used in connection with the nuclear, 

20 military, or ballistic missile programs of Iran. 

21 (f) EXCEPTION FOR PERSONS EXERCISING DUE

22 DILIGENCE.—The President may not impose sanctions 

23 under subsection (a) or (c) with respect to a person if the 

24 President determines that the person has exercised due 

25 diligence in establishing and enforcing official policies, 


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1 procedures, and controls to ensure that the person does 

2 not sell, supply, or transfer to or from Iran materials the 

3 sale, supply, or transfer of which would subject a person 

4 to sanctions under subsection (a) or conduct or facilitate 

5 a financial transaction for such a sale, supply, or transfer. 

6 (g) WAIVER.—

7 (1) IN GENERAL.—The President may waive 

8 the imposition of sanctions under this section for a 

9 period of not more than 180 days, and may renew 

10 that waiver for additional periods of not more than 

11 180 days, if the President—

12 (A) determines that such a waiver is vital 

13 to the national security of the United States; 

14 and 

15 (B) submits to the appropriate congres16 sional committees a report providing a justifica17 tion for the waiver. 

18 (2) FORM OF REPORT.—Each report submitted 

19 under paragraph (1)(B) shall be submitted in un20 classified form, but may include a classified annex. 

21 (h) NATIONAL BALANCE SHEET OF IRAN DE22 FINED.—For purposes of this section, the term ‘‘national 

23 balance sheet of Iran’’ refers to the ratio of the assets 

24 of the Government of Iran to the liabilities of that Govern25 ment. 


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1 SEC. 1246. IMPOSITION OF SANCTIONS WITH RESPECT TO 

2 THE PROVISION OF UNDERWRITING SERV3 ICES OR INSURANCE OR REINSURANCE FOR 

4 ACTIVITIES OR PERSONS WITH RESPECT TO 

5 WHICH SANCTIONS HAVE BEEN IMPOSED. 

6 (a) IMPOSITION OF SANCTIONS.—

7 (1) IN GENERAL.—Except as provided in this 

8 section, the President shall impose 5 or more of the 

9 sanctions described in section 6(a) of the Iran Sanc10 tions Act of 1996 (Public Law 104–172; 50 U.S.C. 

11 1701 note) with respect to a person if the President 

12 determines that the person knowingly, on or after 

13 the date that is 180 days after the date of the enact14 ment of this Act, provides underwriting services or 

15 insurance or reinsurance—

16 (A) for any activity with respect to Iran 

17 for which sanctions have been imposed under 

18 this subtitle, the International Emergency Eco19 nomic Powers Act (50 U.S.C. 1701 et seq.), the 

20 Iran Sanctions Act of 1996, the Comprehensive 

21 Iran Sanctions, Accountability, and Divestment 

22 Act of 2010 (22 U.S.C. 8501 et seq.), the Iran 

23 Threat Reduction and Syria Human Rights Act 

24 of 2012 (22 U.S.C. 8701 et seq.), the Iran, 

25 North Korea, and Syria Nonproliferation Act 

26 (Public Law 106–178; 50 U.S.C. 1701 note), or 


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1 any other provision of law relating to the impo2 sition of sanctions with respect to Iran; 

3 (B) to or for any person—

4 (i) with respect to, or for the benefit 

5 of any activity in the energy, shipping, or 

6 shipbuilding sectors of Iran for which sanc7 tions are imposed under this subtitle; 

8 (ii) for the sale, supply, or transfer to 

9 or from Iran of materials described in sec10 tion 1245(d) for which sanctions are im11 posed under this subtitle; or 

12 (iii) designated for the imposition of 

13 sanctions pursuant to the International 

14 Emergency Economic Powers Act (50 

15 U.S.C. 1701 et seq.) in connection with—

16 (I) Iran’s proliferation of weap17 ons of mass destruction or delivery 

18 systems for weapons of mass destruc19 tion; or 

20 (II) Iran’s support for inter21 national terrorism; or 

22 (C) to or for any Iranian person included 

23 on the list of specially designated nationals and 

24 blocked persons maintained by the Office of 

25 Foreign Assets Control of the Department of 


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1 the Treasury (other than an Iranian financial 

2 institution described in subsection (b)). 

3 (2) EXCEPTION.—The requirement to impose 

4 sanctions under paragraph (1) shall not include the 

5 authority to impose sanctions relating to the impor6 tation of goods under paragraph (8)(A) or (12) of 

7 section 6(a) of the Iran Sanctions Act of 1996, and 

8 any sanction relating to the importation of goods 

9 shall not count for purposes of the requirement to 

10 impose sanctions under paragraph (1). 

11 (b) IRANIAN FINANCIAL INSTITUTIONS DE12 SCRIBED.—An Iranian financial institution described in 

13 this subsection is an Iranian financial institution that has 

14 not been designated for the imposition of sanctions in con15 nection with—

16 (1) Iran’s proliferation of weapons of mass de17 struction or delivery systems for weapons of mass 

18 destruction; 

19 (2) Iran’s support for international terrorism; 

20 or 

21 (3) Iran’s abuses of human rights. 

22 (c) HUMANITARIAN EXCEPTION.—The President 

23 may not impose sanctions under subsection (a) for the 

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1 ities, food, medicine, or medical devices to Iran or for the 

2 provision of humanitarian assistance to the people of Iran. 

3 (d) EXCEPTION FOR UNDERWRITERS AND INSUR4 ANCE PROVIDERS EXERCISING DUE DILIGENCE.—The 

5 President may not impose sanctions under subparagraph 

6 (A) or (C) or clause (i) or (ii) of subparagraph (B) of 

7 subsection (a)(1) with respect to a person that provides 

8 underwriting services or insurance or reinsurance if the 

9 President determines that the person has exercised due 

10 diligence in establishing and enforcing official policies, 

11 procedures, and controls to ensure that the person does 

12 not underwrite or enter into a contract to provide insur13 ance or reinsurance for an activity described in subpara14 graph (A) of that subsection or to or for any person de15 scribed in subparagraph (C) or clause (i) or (ii) of sub16 paragraph (B) of that subsection. 

17 (e) WAIVER.—

18 (1) IN GENERAL.—The President may waive 

19 the imposition of sanctions under subsection (a) for 

20 a period of not more than 180 days, and may renew 

21 that waiver for additional periods of not more than 

22 180 days, if the President—

23 (A) determines that such a waiver is vital 

24 to the national security of the United States; 

25 and 


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1 (B) submits to the appropriate congres2 sional committees a report providing a justifica3 tion for the waiver. 

4 (2) FORM OF REPORT.—Each report submitted 

5 under paragraph (1)(B) shall be submitted in un6 classified form, but may include a classified annex. 

7 SEC. 1247. IMPOSITION OF SANCTIONS WITH RESPECT TO 

8 FOREIGN FINANCIAL INSTITUTIONS THAT FA9 CILITATE FINANCIAL TRANSACTIONS ON BE10 HALF OF SPECIALLY DESIGNATED NATION11 ALS. 

12 (a) IN GENERAL.—Except as provided in this section, 

13 the President shall prohibit the opening, and prohibit or 

14 impose strict conditions on the maintaining, in the United 

15 States of a correspondent account or a payable-through 

16 account by a foreign financial institution that the Presi17 dent determines has, on or after the date that is 180 days 

18 after the date of the enactment of this Act, knowingly fa19 cilitated a significant financial transaction on behalf of 

20 any Iranian person included on the list of specially des21 ignated nationals and blocked persons maintained by the 

22 Office of Foreign Assets Control of the Department of the 

23 Treasury (other than an Iranian financial institution de24 scribed in subsection (b)). 


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1 (b) IRANIAN FINANCIAL INSTITUTIONS DE2 SCRIBED.—An Iranian financial institution described in 

3 this subsection is an Iranian financial institution that has 

4 not been designated for the imposition of sanctions in con5 nection with—

6 (1) Iran’s proliferation of weapons of mass de7 struction or delivery systems for weapons of mass 

8 destruction; 

9 (2) Iran’s support for international terrorism; 

10 or 

11 (3) Iran’s abuses of human rights. 

12 (c) HUMANITARIAN EXCEPTION.—The President 

13 may not impose sanctions under subsection (a) with re14 spect to any person for conducting or facilitating a trans15 action for the sale of agricultural commodities, food, medi16 cine, or medical devices to Iran or for the provision of hu17 manitarian assistance to the people of Iran. 

18 (d) APPLICABILITY OF SANCTIONS TO PETROLEUM

19 AND PETROLEUM PRODUCTS.—

20 (1) IN GENERAL.—Except as provided in para21 graph (2), subsection (a) shall apply with respect to 

22 a financial transaction for the purchase of petroleum 

23 or petroleum products from Iran only if, at the time 

24 of the transaction, a determination of the President 

25 under section 1245(d)(4)(B) of the National Defense 


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1 Authorization Act for Fiscal Year 2012 (22 U.S.C. 

2 8513a(d)(4)(B)) that the price and supply of petro3 leum and petroleum products produced in countries 

4 other than Iran is sufficient to permit purchasers of 

5 petroleum and petroleum products from Iran to re6 duce significantly their purchases from Iran is in ef7 fect. 

8 (2) EXCEPTION FOR CERTAIN COUNTRIES.—

9 (A) IN GENERAL.—Subsection (a) shall not 

10 apply with respect to a financial transaction de11 scribed in subparagraph (B) conducted or facili12 tated by a foreign financial institution if, at the 

13 time of the transaction, the exception under 

14 section 1245(d)(4)(D)(i) of the National De15 fense Authorization Act for Fiscal Year 2012 

16 (22 U.S.C. 8513a(d)(4)(D)(i)) applies to the 

17 country with primary jurisdiction over the for18 eign financial institution. 

19 (B) FINANCIAL TRANSACTIONS DE20 SCRIBED.—A financial transaction conducted or 

21 facilitated by a foreign financial institution is 

22 described in this subparagraph if—

23 (i) the financial transaction is only for 

24 trade in goods or services—


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1 (I) not otherwise subject to sanc2 tions under the law of the United 

3 States; and 

4 (II) between the country with 

5 primary jurisdiction over the foreign 

6 financial institution and Iran; and 

7 (ii) any funds owed to Iran as a result 

8 of such trade are credited to an account lo9 cated in the country with primary jurisdic10 tion over the foreign financial institution. 

11 (e) APPLICABILITY OF SANCTIONS TO NATURAL

12 GAS.—Subsection (a) shall apply to a foreign financial in13 stitution that conducts or facilitates a financial trans14 action for the sale, supply, or transfer to or from Iran 

15 of natural gas unless—

16 (1) the financial transaction is only for trade in 

17 goods or services—

18 (A) not otherwise subject to sanctions 

19 under the law of the United States; and 

20 (B) between the country with primary ju21 risdiction over the foreign financial institution 

22 and Iran; and 

23 (2) any funds owed to Iran as a result of such 

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1 try with primary jurisdiction over the foreign finan2 cial institution. 

3 (f) WAIVER.—

4 (1) IN GENERAL.—The President may waive 

5 the imposition of sanctions under subsection (a) for 

6 a period of not more than 180 days, and may renew 

7 that waiver for additional periods of not more than 

8 180 days, if the President—

9 (A) determines that such a waiver is vital 

10 to the national security of the United States; 

11 and 

12 (B) submits to the appropriate congres13 sional committees a report providing a justifica14 tion for the waiver. 

15 (2) FORM OF REPORT.—Each report submitted 

16 under paragraph (1)(B) shall be submitted in un17 classified form, but may include a classified annex. 

18 SEC. 1248. IMPOSITIONS OF SANCTIONS WITH RESPECT TO 

19 THE ISLAMIC REPUBLIC OF IRAN BROAD20 CASTING. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) The Islamic Republic of Iran Broadcasting 

24 has contributed to the infringement of individuals’ 


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1 human rights by broadcasting forced televised con2 fession and show trials. 

3 (2) In March 2012, the European Council im4 posed sanctions on the President of the Islamic Re5 public of Iran Broadcasting, Ezzatollah Zargami, for 

6 broadcasting forced confessions of detainees and a 

7 series of ‘‘show trials’’ in August 2009 and Decem8 ber 2011 that constituted a clear violation of inter9 national law with respect to the right to a fair trial 

10 and due process. 

11 (b) IMPOSITION OF SANCTIONS.—

12 (1) IN GENERAL.—The President shall, after 

13 the date of the enactment of this Act—

14 (A) impose sanctions described in section 

15 105(c) of the Comprehensive Iran Sanctions, 

16 Accountability, and Divestment Act of 2010 (22 

17 U.S.C. 8514(c)) with respect to the Islamic Re18 public of Iran Broadcasting and the President 

19 of the Islamic Republic of Iran Broadcasting, 

20 Ezzatollah Zargami; and 

21 (B) include the Islamic Republic of Iran 

22 Broadcasting and the President of the Islamic 

23 Republic of Iran Broadcasting, Ezzatollah 

24 Zargami, on the list of specially designated na25 tionals and blocked persons maintained by the 


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1 Office of Foreign Assets Control of the Depart2 ment of the Treasury. 

3 (2) EXCEPTION.—The requirement to impose 

4 sanctions under paragraph (1)(A) shall not include 

5 the authority to impose sanctions on the importation 

6 of goods. 

7 (3) APPLICATION OF CERTAIN PROVISIONS.—

8 Sections 105(d) and 401(b) of the Comprehensive 

9 Iran Sanctions, Accountability, and Divestment Act 

10 of 2010 (22 U.S.C. 8514(d) and 8551(b)) shall 

11 apply with respect to sanctions imposed under para12 graph (1)(A) to the same extent that such sections 

13 apply with respect to the imposition of sanctions 

14 under section 105(a) of that Act (22 U.S.C. 

15 8514(a)). 

16 SEC. 1249. IMPOSITION OF SANCTIONS WITH RESPECT TO 

17 PERSONS ENGAGED IN THE DIVERSION OF 

18 GOODS INTENDED FOR THE PEOPLE OF IRAN. 

19 (a) IN GENERAL.—Title I of the Comprehensive Iran 

20 Sanctions, Accountability, and Divestment Act of 2010 

21 (22 U.S.C. 8511 et seq.) is amended by inserting after 

22 section 105B the following: 


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1 ‘‘SEC. 105C. IMPOSITION OF SANCTIONS WITH RESPECT TO 

2 PERSONS ENGAGED IN THE DIVERSION OF 

3 GOODS INTENDED FOR THE PEOPLE OF IRAN. 

4 ‘‘(a) IMPOSITION OF SANCTIONS.—

5 ‘‘(1) IN GENERAL.—The President shall impose 

6 sanctions described in section 105(c) with respect to 

7 each person on the list required by subsection (b). 

8 ‘‘(2) EXCEPTION.—The requirement to impose 

9 sanctions under paragraph (1) shall not include the 

10 authority to impose sanctions on the importation of 

11 goods. 

12 ‘‘(b) LIST OF PERSONS WHO ENGAGE IN DIVER13 SION.—

14 ‘‘(1) IN GENERAL.—As relevant information be15 comes available, the President shall submit to the 

16 appropriate congressional committees a list of per17 sons that the President determines have, on or after 

18 the date of the enactment of the Iran Freedom and 

19 Counter-Proliferation Act of 2012, engaged in cor20 ruption or other activities relating to—

21 ‘‘(A) the diversion of goods, including agri22 cultural commodities, food, medicine, and med23 ical devices, intended for the people of Iran; or 

24 ‘‘(B) the misappropriation of proceeds 

25 from the sale or resale of such goods. 


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1 ‘‘(2) FORM OF REPORT; PUBLIC AVAIL2 ABILITY.—

3 ‘‘(A) FORM.—The list required by para4 graph (1) shall be submitted in unclassified 

5 form but may contain a classified annex. 

6 ‘‘(B) PUBLIC AVAILABILITY.—The unclas7 sified portion of the list required by paragraph 

8 (1) shall be made available to the public and 

9 posted on the websites of the Department of the 

10 Treasury and the Department of State. 

11 ‘‘(c) GOOD DEFINED.—In this section, the term 

12 ‘good’ has the meaning given that term in section 1242(a) 

13 of the Iran Freedom and Counter-Proliferation Act of 

14 2012.’’. 

15 (b) WAIVER.—Section 401(b)(1) of the Comprehen16 sive Iran Sanctions, Accountability, and Divestment Act 

17 of 2010 (22 U.S.C. 8551(b)(1)) is amended—

18 (1) by striking ‘‘or 105B(a)’’ and inserting 

19 ‘‘105B(a), or 105C(a)’’; and 

20 (2) by striking ‘‘or 105B(b)’’ and inserting 

21 ‘‘105B(b), or 105C(b)’’. 

22 (c) CLERICAL AMENDMENT.—The table of contents 

23 for the Comprehensive Iran Sanctions, Accountability, and 

24 Divestment Act of 2010 is amended by inserting after the 

25 item relating to section 105B the following:


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‘‘Sec. 105C. Imposition of sanctions with respect to persons engaged in the diversion of goods intended for the people of Iran.’’.

1 SEC. 1250. WAIVER REQUIREMENT RELATED TO EXCEP2 TIONAL CIRCUMSTANCES PREVENTING SIG3 NIFICANT REDUCTIONS IN CRUDE OIL PUR4 CHASES. 

5 Section 1245(d)(5)(B) of the National Defense Au6 thorization Act for Fiscal Year 2012 (22 U.S.C. 

7 8513a(d)(5)(B)) is amended—

8 (1) in clause (i), by striking ‘‘; and’’ and insert9 ing a semicolon; 

10 (2) by redesignating clause (ii) as clause (iii); 

11 and 

12 (3) by inserting after clause (i) the following 

13 new clause: 

14 ‘‘(ii) certifying that the country with 

15 primary jurisdiction over the foreign finan16 cial institution otherwise subject to the 

17 sanctions faced exceptional circumstances 

18 that prevented the country from being able 

19 to reduce significantly its purchases of pe20 troleum and petroleum products from Iran; 

21 and’’. 


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1 SEC. 1251. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS 

2 REGARDING TERRORIST ACTS. 

3 (a) IN GENERAL.—Section 2335 of title 18, United 

4 States Code, is amended—

5 (1) in subsection (a), by striking ‘‘4 years’’ and 

6 inserting ‘‘10 years’’; and 

7 (2) in subsection (b), by striking ‘‘4-year pe8 riod’’ and inserting ‘‘10-year period’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to any civil action arising under 

11 section 2333 of title 18, United States Code, that is pend12 ing on, or commenced on or after, the date of the enact13 ment of this Act. 

14 (c) SPECIAL RULE RELATING TO CERTAIN ACTS OF

15 INTERNATIONAL TERRORISM.—Notwithstanding section 

16 2335 of title 18, United States Code, as amended by sub17 section (a), a civil action under section 2333 of such title 

18 resulting from an act of international terrorism that oc19 curred on or after September 11, 2001, and before the 

20 date that is 4 years before the date of the enactment of 

21 this Act, may be maintained if the civil action is com22 menced during the 6-year period beginning on such date 

23 of enactment. 


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1 SEC. 1252. REPORT ON USE OF CERTAIN IRANIAN SEA2 PORTS BY FOREIGN VESSELS AND USE OF 

3 FOREIGN AIRPORTS BY SANCTIONED IRA4 NIAN AIR CARRIERS. 

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

6 date of the enactment of this Act, and annually thereafter 

7 through 2016, the President shall submit to the appro8 priate congressional committees a report that contains—

9 (1) a list of large or otherwise significant ves10 sels that have entered seaports in Iran controlled by 

11 the Tidewater Middle East Company during the pe12 riod specified in subsection (b) and the owners and 

13 operators of those vessels; and 

14 (2) a list of all airports at which aircraft owned 

15 or controlled by an Iranian air carrier on which 

16 sanctions have been imposed by the United States 

17 have landed during the period specified in subsection 

18 (b). 

19 (b) PERIOD SPECIFIED.—The period specified in this 

20 subsection is—

21 (1) in the case of the first report submitted 

22 under subsection (a), the 180-day period preceding 

23 the submission of the report; and 

24 (2) in the case of any subsequent report sub25 mitted under that subsection, the year preceding the 

26 submission of the report. 


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1 (c) FORM OF REPORT.—Each report required by sub2 section (a) shall be submitted in unclassified form, but 

3 may include a classified annex. 

4 SEC. 1253. IMPLEMENTATION; PENALTIES. 

5 (a) IMPLEMENTATION.—The President may exercise 

6 all authorities provided under sections 203 and 205 of the 

7 International Emergency Economic Powers Act (50 

8 U.S.C. 1702 and 1704) to carry out this subtitle. 

9 (b) PENALTIES.—The penalties provided for in sub10 sections (b) and (c) of section 206 of the International 

11 Emergency Economic Powers Act (50 U.S. C. 1705) shall 

12 apply to a person that violates, attempts to violate, con13 spires to violate, or causes a violation of this subtitle or 

14 regulations prescribed under this subtitle to the same ex15 tent that such penalties apply to a person that commits 

16 an unlawful act described in section 206(a) of that Act. 

17 (c) APPLICATION OF CERTAIN PROVISIONS OF IRAN

18 SANCTIONS ACT OF 1996.—The following provisions of 

19 the Iran Sanctions Act of 1996 (Public Law 104–172; 50 

20 U.S.C. 1701 note) shall apply with respect to the imposi21 tion of sanctions under sections 1244(d), 1245(a), and 

22 1246(a) to the same extent that such provisions apply with 

23 respect to the imposition of sanctions under section 5(a) 

24 of the Iran Sanctions Act of 1996, and, as appropriate, 


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1 instead of sections 1244(i), 1245(g), and 1246(e) of this 

2 Act: 

3 (1) Paragraphs (1)(A), (2)(A), and (2)(B)(i) of 

4 section 4(c). 

5 (2) Subsections (c), (d), and (f) of section 5. 

6 (3) Section 8. 

7 (4) Section 11. 

8 (5) Section 12. 

9 (6) Section 13(b). 

10 SEC. 1254. APPLICABILITY TO CERTAIN NATURAL GAS 

11 PROJECTS. 

12 Nothing in this subtitle or the amendments made by 

13 this subtitle shall apply with respect to any activity relat14 ing to a project described in subsection (a) of section 603 

15 of the Iran Threat Reduction and Syria Human Rights 

16 Act of 2012 (22 U.S.C. 8783) to which the exception 

17 under that section applies at the time of the activity. 

18 SEC. 1255. RULE OF CONSTRUCTION. 

19 Nothing in this subtitle or the amendments made by 

20 this subtitle shall be construed to limit sanctions imposed 

21 with respect to Iran under any other provision of law or 

22 to limit the authority of the President to impose additional 

23 sanctions with respect to Iran. 


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1 Subtitle E—Satellites and Related 

2 Items 

3 SEC. 1261. REMOVAL OF SATELLITES AND RELATED ITEMS 

4 FROM THE UNITED STATES MUNITIONS LIST. 

5 (a) REPEAL.—

6 (1) IN GENERAL.—Section 1513 of the Strom 

7 Thurmond National Defense Authorization Act for 

8 Fiscal Year 1999 (Public Law 105–261; 112 Stat. 

9 2174; 22 U.S.C. 2778 note) is amended by striking 

10 subsection (a). 

11 (2) CONFORMING AMENDMENT.—Subsection (c) 

12 of such section is amended by striking ‘‘(1) Sub13 section (a)’’ and all that follows through ‘‘(2) The 

14 amendments’’ and inserting ‘‘The amendments’’. 

15 (b) ADDITIONAL DETERMINATION AND REPORT.—

16 Accompanying but separate from the submission to Con17 gress of the first notification after the date of the enact18 ment of this Act under section 38(f) of the Arms Export 

19 Control Act (22 U.S.C. 2778(f)) relating to the removal 

20 of satellites and related items from the United States Mu21 nitions List, the President shall also submit to Congress—

22 (1) a determination by the President that the 

23 removal of such satellites and items from the United 

24 States Munitions List is in the national security in25 terests of the United States; and 


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1 (2) a report identifying and analyzing any dif2 ferences between—

3 (A) the recommendations and draft regula4 tions for controlling the export, re-export, and 

5 transfer of such satellites and related items that 

6 were submitted in the report to Congress re7 quired by section 1248 of the National Defense 

8 Authorization Act for Fiscal Year 2010 (Public 

9 Law 111–84; 123 Stat. 2546); and 

10 (B) the final regulations under which the 

11 export, re-export, and transfer of such satellites 

12 and related items would continue to be con13 trolled. 

14 (c) PROHIBITION.—

15 (1) IN GENERAL.—Subject to paragraph (3), no 

16 satellites or related items that are made subject to 

17 the Export Administration Regulations (15 CFR 

18 part 730 et seq.) as a result of the enactment of 

19 subsection (a) of this section, whether or not enu20 merated on the Commerce Control List—

21 (A) may be exported, re-exported, or trans22 ferred, directly or indirectly, to—

23 (i) any government of a country de24 scribed in paragraph (2); or 


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1 (ii) any entity or person in or acting 

2 for or on behalf of such government, enti3 ty, or person; or 

4 (B) may be launched in a country de5 scribed in paragraph (2) or as part of a launch 

6 vehicle owned, operated, or manufactured by 

7 the government of such country or any entity or 

8 person in or acting for or on behalf of such gov9 ernment, entity, or person. 

10 (2) COUNTRIES DESCRIBED.—The countries re11 ferred to in paragraph (1) are the following: 

12 (A) The People’s Republic of China. 

13 (B) North Korea. 

14 (C) Any country that is a state sponsor of 

15 terrorism. 

16 (3) WAIVER.—The President may waive the 

17 prohibition in paragraph (1) on a case-by-case basis 

18 if not later than 30 days before doing so the Presi19 dent—

20 (A) determines that it is in the national in21 terest of the United States to do so; and 

22 (B) notifies the appropriate congressional 

23 committees of such determination. 

24 (d) PRESUMPTION OF DENIAL.—Any license or other 

25 authorization to export satellites and related items to a 


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1 country with respect to which the United States maintains 

2 a comprehensive arms embargo shall be subject to a pre3 sumption of denial. 

4 (e) REPORT.—

5 (1) IN GENERAL.—Not later than one year 

6 after the date of the enactment of this Act, and an7 nually thereafter, the Director of National Intel8 ligence, in consultation with the Secretary of State, 

9 shall submit to the appropriate congressional com10 mittees a report on efforts of state sponsors of ter11 rorism, other foreign countries, or entities to illicitly 

12 acquire satellites and related items. 

13 (2) FORM.—The report required by paragraph 

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

15 contain a classified annex. 

16 SEC. 1262. REPORT ON LICENSES AND OTHER AUTHORIZA17 TIONS TO EXPORT CERTAIN SATELLITES AND 

18 RELATED ITEMS. 

19 (a) IN GENERAL.—Not later than 60 days after the 

20 end of each calendar year through 2020, the President 

21 shall submit to the committees of Congress specified in 

22 subsection (b) a report summarizing all licenses and other 

23 authorizations to export satellites and related items that 

24 are subject to the Export Administration Regulations (15 


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1 CFR part 730 et seq.) as a result of the enactment of 

2 section 1261(a). 

3 (b) COMMITTEES OF CONGRESS SPECIFIED.—The 

4 committees of Congress specified in this subsection are—

5 (1) the Committee on Foreign Relations, the 

6 Committee on Banking, Housing, and Urban Af7 fairs, and the Select Committee on Intelligence of 

8 the Senate; and 

9 (2) the Committee on Foreign Affairs and the 

10 Permanent Select Committee on Intelligence of the 

11 House of Representatives. 

12 SEC. 1263. REPORT ON COUNTRY EXEMPTIONS FOR LI13 CENSING OF EXPORTS OF CERTAIN SAT14 ELLITES AND RELATED ITEMS. 

15 (a) IN GENERAL.—Not later than 120 days after the 

16 date of the enactment of this Act, the Secretary of Com17 merce, in consultation with the Attorney General, the Sec18 retary of Homeland Security, and the heads of other Fed19 eral departments and agencies as appropriate, shall sub20 mit to the appropriate congressional committees a report 

21 that contains an assessment of the extent to which the 

22 terms and conditions of exemptions for foreign countries 

23 to the licensing requirements and other authorizations to 

24 export satellites and related items that are subject to the 

25 Export Administration Regulations (15 CFR part 730 et 


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1 seq.) as a result of the enactment of section 1261(a) con2 tain strong safeguards. 

3 (b) MATTERS TO BE INCLUDED.—The report re4 quired by subsection (a) shall include a description of the 

5 extent to which the terms and conditions of exemptions 

6 described in subsection (a), including other relevant laws, 

7 regulations, and practices, support law enforcement ef8 forts to detect, prevent, and prosecute criminal, adminis9 trative, and other violations of any provision of the Export 

10 Administration Regulations (15 CFR part 730 et seq.), 

11 including efforts on the part of state sponsors of ter12 rorism, organizations determined by the Secretary of State 

13 to have provided support for international terrorism, or 

14 other foreign countries, to acquire illicitly satellites and 

15 related items from the United States. 

16 SEC. 1264. END-USE MONITORING OF CERTAIN SATELLITES 

17 AND RELATED ITEMS. 

18 (a) IN GENERAL.—In order to ensure accountability 

19 with respect to the export of satellites and related items 

20 that become subject to the Export Administration Regula21 tions (15 CFR part 730 et seq.) as a result of the enact22 ment of section 1261(a), the President shall provide for 

23 the end-use monitoring of such satellites and related 

24 items. 


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1 (b) REPORT.—Not later than 120 days after the date 

2 of the enactment of this Act, the Secretary of Commerce, 

3 in consultation with the heads of other Federal depart4 ments and agencies as appropriate, shall submit to Con5 gress a report describing the actions taken to implement 

6 this section, including identification of resource shortfalls 

7 or other constraints on effective end-use monitoring of sat8 ellites and related items described in subsection (a). 

9 SEC. 1265. INTERAGENCY REVIEW OF MODIFICATIONS TO 

10 CATEGORY XV OF THE UNITED STATES MUNI11 TIONS LIST. 

12 (a) IN GENERAL.—Subject to section 38(f) of the 

13 Arms Export Control Act (22 U.S.C. 2778(f)), the Presi14 dent shall ensure that the Secretary of State, the Sec15 retary of Defense, the Secretary of Commerce and, as ap16 propriate, the Director of National Intelligence and the 

17 heads of other appropriate Federal departments and agen18 cies, will review any removal or addition of an item to Cat19 egory XV of the United States Munitions List (relating 

20 to spacecraft systems and associated equipment). 

21 (b) EFFECTIVE DATE.—The requirement of sub22 section (a) shall apply with respect to any item described 

23 in subsection (a) that is proposed to be removed or added 

24 to Category XV of the United States Munitions List on 

25 or after the date of the enactment of this Act. 


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1 SEC. 1266. RULES OF CONSTRUCTION. 

2 (a) IN GENERAL.—Subtitle B of title XV of the 

3 Strom Thurmond National Defense Authorization Act for 

4 Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2173; 

5 22 U.S.C. 2778 note) shall continue to apply to satellites 

6 and related items that are subject to the Export Adminis7 tration Regulations (15 CFR part 730 et seq.) as a result 

8 of the enactment of section 1261(a). 

9 (b) ADDITIONAL RULE.—Nothing in this subtitle or 

10 any amendment made by this subtitle shall be construed 

11 as removing or limiting the authorities of the President 

12 under subsection (a) or (b) of section 1514 of the Strom 

13 Thurmond National Defense Authorization Act for Fiscal 

14 Year 1999 (Public Law 105–261; 112 Stat. 2175; 22 

15 U.S.C. 2778 note) with respect to defense articles and de16 fense services that remain subject to the jurisdiction of 

17 the International Traffic in Arms Regulations. 

18 SEC. 1267. DEFINITIONS. 

19 In this subtitle: 

20 (1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional com22 mittees’’ means—

23 (A) the Committee on Foreign Relations, 

24 the Committee on Banking, Housing, and 

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1 ices, and the Select Committee on Intelligence 

2 of the Senate; and 

3 (B) the Committee on Foreign Affairs, the 

4 Committee on Armed Services, and the Perma5 nent Select Committee on Intelligence of the 

6 House of Representatives. 

7 (2) STATE SPONSOR OF TERRORISM.—The term 

8 ‘‘state sponsor of terrorism’’ means any country the 

9 government of which the Secretary of State has de10 termined has repeatedly provided support for inter11 national terrorism pursuant to—

12 (A) section 6(j) of the Export Administra13 tion Act of 1979 (50 U.S.C. App. 2405) (as 

14 continued in effect under the International 

15 Emergency Economic Powers Act); 

16 (B) section 620A of the Foreign Assistance 

17 Act of 1961 (22 U.S.C. 2371); 

18 (C) section 40 of the Arms Export Control 

19 Act (22 U.S.C. 2780); or 

20 (D) any other provision of law. 

21 (3) UNITED STATES MUNITIONS LIST.—The 

22 term ‘‘United States Munitions List’’ means the list 

23 referred to in section 38(a)(1) of the Arms Export 

24 Control Act (22 U.S.C. 2778(a)(1)). 


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1 Subtitle F—Other Matters 

2 SEC. 1271. ADDITIONAL ELEMENTS IN ANNUAL REPORT ON 

3 MILITARY AND SECURITY DEVELOPMENTS 

4 INVOLVING THE PEOPLE’S REPUBLIC OF 

5 CHINA. 

6 Section 1202(b) of the National Defense Authoriza7 tion Act for Fiscal Year 2000 (Public Law 106–65; 10 

8 U.S.C. 113 note) is amended—

9 (1) by amending paragraph (9) to read as fol10 lows: 

11 ‘‘(9) Developments in China’s asymmetric capa12 bilities, including its strategy and efforts to develop 

13 and deploy cyberwarfare and electronic warfare ca14 pabilities, details on the number of malicious cyber 

15 incidents originating from China against Depart16 ment of Defense infrastructure, and associated ac17 tivities originating or suspected of originating from 

18 China.’’; 

19 (2) by redesignating paragraphs (10), (11),and 

20 (12) as paragraphs (15), (16), and (17) respectively; 

21 (3) by inserting after paragraph (9) the fol22 lowing new paragraphs: 

23 ‘‘(10) The strategy and capabilities of Chinese 

24 space and counterspace programs, including trends, 

25 global and regional activities, the involvement of 


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1 military and civilian organizations, including state2 owned enterprises, academic institutions, and com3 mercial entities, and efforts to develop, acquire, or 

4 gain access to advanced technologies that would en5 hance Chinese military capabilities. 

6 ‘‘(11) Developments in China’s nuclear pro7 gram, including the size and state of China’s stock8 pile, its nuclear strategy and associated doctrines, its 

9 civil and military production capacities, and projec10 tions of its future arsenals. 

11 ‘‘(12) A description of China’s anti-access and 

12 area denial capabilities. 

13 ‘‘(13) A description of China’s command, con14 trol, communications, computers, intelligence, sur15 veillance, and reconnaissance modernization program 

16 and its applications for China’s precision guided 

17 weapons. 

18 ‘‘(14) A description of the roles and activities of 

19 the People’s Liberation Army Navy and those of 

20 China’s paramilitary and maritime law enforcement 

21 vessels, including their response to United States 

22 naval activities.’’; and 

23 (4) by adding after paragraph (17), as redesig24 nated by paragraph (2) of this section, the following 

25 new paragraphs: 


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1 ‘‘(18) A description of Chinese military-to-mili2 tary relationships with other countries, including the 

3 size and activity of military attache offices around 

4 the world and military education programs con5 ducted in China for other countries or in other coun6 tries for the Chinese. 

7 ‘‘(19) A description of any significant sale or 

8 transfer of military hardware, expertise, and tech9 nology to or from the People’s Republic of China, in10 cluding a forecast of possible future sales and trans11 fers, a description of the implications of those sales 

12 and transfers for the security of the United States 

13 and its partners and allies in Asia, and a description 

14 of any significant assistance to and from any selling 

15 state with military-related research and development 

16 programs in China.’’. 

17 SEC. 1272. NATO SPECIAL OPERATIONS HEADQUARTERS. 

18 (a) IN GENERAL.—Subsection (a) of section 1244 of 

19 the National Defense Authorization Act for Fiscal Year 

20 2010 (Public Law 111–84; 123 Stat. 2541), as amended 

21 by section 1242 of the Ike Skelton National Defense Au22 thorization Act for Fiscal Year 2011 (Public Law 111–

23 383; 124 Stat. 4405), is further amended—

24 (1) by striking ‘‘fiscal year 2011’’ and inserting 

25 ‘‘each of fiscal years 2013, 2014, and 2015’’; 


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1 (2) by striking ‘‘section 301(1)’’ and inserting 

2 ‘‘section 301’’; and 

3 (3) by inserting ‘‘for such fiscal year’’ after 

4 ‘‘$50,000,000’’. 

5 (b) ANNUAL REPORT.—Such section, as so amended, 

6 is further amended by adding at the end the following: 

7 ‘‘(d) ANNUAL REPORT.—Not later than March 1 of 

8 each year, the Secretary of Defense shall submit to the 

9 congressional defense committees a report regarding sup10 port for the NSHQ. Each report shall include the fol11 lowing: 

12 ‘‘(1) The total amount of funding provided by 

13 the United States and other NATO nations to the 

14 NSHQ for operating costs of the NSHQ. 

15 ‘‘(2) A description of the activities carried out 

16 with such funding, including—

17 ‘‘(A) the amount of funding allocated for 

18 each such activity; 

19 ‘‘(B) the extent to which other NATO na20 tions participate in each such activity; 

21 ‘‘(C) the extent to which each such activity 

22 is designed to meet the purposes set forth in 

23 paragraphs (1) through (5) of subsection (b); 

24 and 


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1 ‘‘(D) an assessment of the extent to which 

2 each such activity will promote the mission of 

3 the NSHQ. 

4 ‘‘(3) Other contributions, financial or in kind, 

5 provided by the United States and other NATO na6 tions in support of the NSHQ. 

7 ‘‘(4) Any other matters that the Secretary of 

8 Defense considers appropriate.’’. 

9 SEC. 1273. SUSTAINABILITY REQUIREMENTS FOR CERTAIN 

10 CAPITAL PROJECTS IN CONNECTION WITH 

11 OVERSEAS CONTINGENCY OPERATIONS. 

12 (a) LIMITATION.—

13 (1) IN GENERAL.—Commencing 60 days after 

14 the date of the enactment of this Act—

15 (A) amounts authorized to be appropriated 

16 for the Department of Defense may not be obli17 gated or expended for a capital project de18 scribed in subsection (b) unless the Secretary of 

19 Defense, in consultation with the United States 

20 commander of military operations in the coun21 try in which the project will be carried out, 

22 completes an assessment on the necessity and 

23 sustainability of the project; 

24 (B) amounts authorized to be appropriated 

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1 gated or expended for a capital project de2 scribed in subsection (b) unless the Secretary of 

3 State, in consultation with the Chief of Mission 

4 in the country in which the project will be car5 ried out, completes an assessment on the neces6 sity and sustainability of the project; and 

7 (C) amounts authorized to be appropriated 

8 for the United States Agency for International 

9 Development may not be obligated or expended 

10 for a capital project described in subsection (b) 

11 unless the Administrator of the United States 

12 Agency for International Development, in con13 sultation with the Mission Director and the 

14 Chief of Mission in the country in which the 

15 project will be carried out, completes an assess16 ment on the necessity and sustainability of the 

17 project. 

18 (2) ELEMENTS.—Each assessment on a capital 

19 project under this subsection shall include, but not 

20 be limited to, the following: 

21 (A) An estimate of the total cost of the 

22 completed project to the United States. 

23 (B) An estimate of the financial and other 

24 requirements necessary for the host government 


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1 to sustain the project on an annual basis after 

2 completion of the project. 

3 (C) An assessment whether the host gov4 ernment has the capacity (in both financial and 

5 human resources) to maintain and use the 

6 project after completion. 

7 (D) A description of any arrangements for 

8 the sustainment of the project following its 

9 completion if the host government lacks the ca10 pacity (in financial or human resources) to 

11 maintain the project. 

12 (E) An assessment whether the host gov13 ernment has requested or expressed its need for 

14 the project, and an explanation of the decision 

15 to proceed with the project absent such request 

16 or need. 

17 (F) An assessment by the Secretary of De18 fense, where applicable, of the effect of the 

19 project on the military mission of the United 

20 States in the country concerned. 

21 (b) COVERED CAPITAL PROJECTS.—

22 (1) IN GENERAL.—Except as provided in para23 graph (2), a capital project described in this sub24 section is any capital project overseas for an over25 seas contingency operation for the benefit of a host 


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1 country and funded by the Department of Defense, 

2 the Department of State, or the United States Agen3 cy for International Development, as applicable, if 

4 the capital project—

5 (A) in the case of a project that directly 

6 supports building the capacity of indigenous se7 curity forces in the host country, has an esti8 mated value in excess of $10,000,000; 

9 (B) in the case of any project not covered 

10 by subparagraph (A) that is to be funded by 

11 the Department of State or the United States 

12 Agency for International Development, has an 

13 estimated value in excess of $5,000,000; or 

14 (C) in the case of any other project, has an 

15 estimated value in excess of $2,000,000. 

16 (2) EXCLUSION.—A capital project described in 

17 this subsection does not include any project for mili18 tary construction (as that term is defined in section 

19 114(b) of title 10, United States Code) or a military 

20 family housing project under section 2821 of such 

21 title. 

22 (c) WAIVER.—The Secretary of Defense, the Sec23 retary of State, or the Administrator of the United States 

24 Agency for International Development, as applicable, may 

25 waive the limitation in subsection (a) in order to initiate 


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1 a capital project if such Secretary or the Administrator, 

2 as the case may be, determines that the project is in the 

3 national security, diplomatic, or humanitarian interests of 

4 the United States. In the first report submitted under sub5 section (d) after any waiver under this subsection, such 

6 Secretary or the Administrator shall include a detailed jus7 tification of such waiver. Not later than 90 days after 

8 issuing a waiver under this subsection, such Secretary or 

9 the Administrator shall submit to the appropriate commit10 tees of Congress the assessment described in subsection 

11 (a) with respect to the capital project concerned. 

12 (d) SEMI-ANNUAL REPORTS.—

13 (1) IN GENERAL.—Not later than 30 days after 

14 the end of any fiscal-year half-year in which the Sec15 retary of Defense, the Secretary of State, or the Ad16 ministrator of the United States Agency for Inter17 national Development conducts an assessment under 

18 subsection (a), such Secretary or the Administrator, 

19 as the case may be, shall submit to the appropriate 

20 committees of Congress a report setting forth each 

21 assessment so conducted during such fiscal-year 

22 half-year, including the elements of each capital 

23 project so assessed specified in subsection (a)(2). 

24 (2) ADDITIONAL ELEMENTS.—In addition to 

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1 port under that paragraph shall include the fol2 lowing: 

3 (A) For each capital project covered by 

4 such report, an evaluation (other than by 

5 amount of funds expended) of the effectiveness 

6 of such project, including, at a minimum, the 

7 following: 

8 (i) The stated goals of the project. 

9 (ii) The actions taken to assess and 

10 verify whether the project has met the 

11 stated goals of the project or is on track 

12 to meet such goals when completed. 

13 (iii) The current and anticipated levels 

14 of involvement of local governments, com15 munities, and individuals in the project. 

16 (B) For each country or region in which a 

17 capital project covered by such report is being 

18 carried out, an assessment of the current and 

19 anticipated risks of corruption or fraud in con20 nection with such project. 

21 (3) FORM.—Each report shall be submitted in 

22 unclassified form, but may include a classified 

23 annex. 

24 (e) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘appropriate committees of Con2 gress’’ means—

3 (A) the Committee on Armed Services, the 

4 Committee on Foreign Relations, the Com5 mittee on Homeland Security and Govern6 mental Affairs, and the Committee on Appro7 priations of the Senate; and 

8 (B) the Committee on Armed Services, the 

9 Committee on Foreign Affairs, the Committee 

10 on Oversight and Government Reform, and the 

11 Committee on Appropriations of the House of 

12 Representatives. 

13 (2) The term ‘‘capital project’’ has the meaning 

14 given that term in section 308 of the Aid, Trade, 

15 and Competitiveness Act of 1992 (22 U.S.C. 2421e). 

16 (3) The term ‘‘overseas contingency operation’’ 

17 means a military operation outside the United 

18 States and its territories and possessions that is a 

19 contingency operation (as that term is defined in 

20 section 101(a)(13) of title 10, United States Code). 

21 SEC. 1274. ADMINISTRATION OF THE AMERICAN, BRITISH, 

22 CANADIAN, AND AUSTRALIAN ARMIES’ PRO23 GRAM. 

24 (a) AUTHORITY.—As part of the participation by the 

25 United States in the land-force program known as the 


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1 American, British, Canadian, and Australian Armies’ Pro2 gram (in this section referred to as the ‘‘Program’’), the 

3 Secretary of Defense may, with the concurrence of the 

4 Secretary of State, enter into agreements with the other 

5 participating countries in accordance with this section, 

6 and the Program shall be managed pursuant to a joint 

7 agreement among the participating countries. 

8 (b) PARTICIPATING COUNTRIES.—In addition to the 

9 United States, the countries participating in the Program 

10 are the following: 

11 (1) Australia. 

12 (2) Canada. 

13 (3) New Zealand. 

14 (4) The United Kingdom. 

15 (c) CONTRIBUTIONS BY PARTICIPANTS.—

16 (1) IN GENERAL.—An agreement under sub17 section (a) shall provide that each participating 

18 country shall contribute to the Program—

19 (A) its equitable share of the full cost for 

20 the Program, including the full cost of overhead 

21 and administrative costs related to the Pro22 gram; and 

23 (B) any amount allocated to it in accord24 ance with the agreement for the cost for mone25 tary claims asserted against any participating 


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1 country as a result of participation in the Pro2 gram. 

3 (2) ADDITIONAL AUTHORIZED CONTRIBU4 TION.—Such an agreement shall also provide that 

5 each participating country (including the United 

6 States) may provide its contribution for its equitable 

7 share under the agreement in funds, in personal 

8 property, or in services required for the Program (or 

9 in any combination thereof). 

10 (3) FUNDING FOR UNITED STATES CONTRIBU11 TION.—Any contribution by the United States to the 

12 Program that is provided in funds shall be made 

13 from funds available to the Department of Defense 

14 for operation and maintenance. 

15 (4) TREATMENT OF CONTRIBUTIONS RECEIVED

16 FROM OTHER COUNTRIES.—Any contribution re17 ceived by the United States from another partici18 pating country to meet that country’s share of the 

19 costs of the Program shall be credited to appropria20 tions available to the Department of Defense, as de21 termined by the Secretary of Defense. The amount 

22 of a contribution credited to an appropriation ac23 count in connection with the Program shall be avail24 able only for payment of the share of the Program 

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1 ing the contribution. Amounts so credited shall be 

2 available for the following purposes: 

3 (A) Payments to contractors and other 

4 suppliers (including the Department of Defense 

5 and participating countries acting as suppliers) 

6 for necessary goods and services of the Pro7 gram. 

8 (B) Payments for any damages and costs 

9 resulting from the performance or cancellation 

10 of any contract or other obligation in support of 

11 the Program. 

12 (C) Payments for any monetary claim 

13 against a participating country as a result of 

14 the participation of that country in the Pro15 gram. 

16 (D) Payments or reimbursements of other 

17 Program expenses, including overhead and ad18 ministrative costs for any administrative office 

19 for the Program. 

20 (E) Refunds to other participating coun21 tries. 

22 (5) COSTS OF OPERATION OF OFFICES ESTAB23 LISHED FOR PROGRAM.—Costs for the operation of 

24 any office established to carry out the Program shall 

25 be borne jointly by the participating countries as 


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1 provided for in an agreement referred to in sub2 section (a). 

3 (d) AUTHORITY TO CONTRACT FOR PROGRAM AC4 TIVITIES.—As part of the participation by the United 

5 States in the Program, the Secretary of Defense may 

6 enter into contracts or incur other obligations on behalf 

7 of the other participating countries for activities under the 

8 Program. Any payment for such a contract or other obli9 gation under this subsection may be paid only from con10 tributions credited to an appropriation under subsection 

11 (c)(4). 

12 (e) DISPOSAL OF PROPERTY.—As part of the partici13 pation by the United States in the Program, the Secretary 

14 of Defense may, with respect to any property that is joint15 ly acquired by the countries participating in the Program, 

16 agree to the disposal of the property without regard to 

17 any law of the United States that is otherwise applicable 

18 to the disposal of property owned by the United States. 

19 Such disposal may include the transfer of the interest of 

20 the United States in the property to one or more of the 

21 other participating countries or the sale of the property. 

22 Reimbursement for the value of the property disposed of 

23 (including the value of the interest of the United States 

24 in the property) shall be made in accordance with an 

25 agreement under subsection (a). 


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1 (f) REPORTS.—Not later than 60 days before the ex2 piration date of any agreement under subsection (a), the 

3 Secretary of Defense shall submit to the Committees on 

4 Armed Services of the Senate and the House of Represent5 atives a report on the activities, costs, and accomplish6 ments of the Program during the five-year period ending 

7 on the date of such report. 

8 (g) SUNSET.—Any agreement entered into by the 

9 United States with another country under subsection (a), 

10 and United States participation in the joint agreement de11 scribed in that subsection, shall expire not later than five 

12 years after the date of the enactment of this Act. 

13 SEC. 1275. UNITED STATES PARTICIPATION IN HEAD14 QUARTERS EUROCORPS. 

15 (a) PARTICIPATION AUTHORIZED.—The Secretary of 

16 Defense may, with the concurrence of the Secretary of 

17 State, authorize the participation of members of the 

18 Armed Forces as members of the staff of Headquarters 

19 Eurocorps for the purpose of supporting the North Atlan20 tic Treaty Organization (NATO) activities of the NATO 

21 Rapid Deployable Corps Eurocorps. 

22 (b) MEMORANDUM OF UNDERSTANDING.—

23 (1) REQUIREMENT.—The participation of mem24 bers of the Armed Forces as members of the staff 

25 of Headquarters Eurocorps shall be in accordance 


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1 with the terms of one or more memoranda of under2 standing entered into by the Secretary of Defense, 

3 with the concurrence of the Secretary of State, and 

4 Headquarters Eurocorps. 

5 (2) COST-SHARING ARRANGEMENTS.—If De6 partment of Defense facilities, equipment, or funds 

7 are used to support Headquarters Eurocorps, the 

8 memoranda of understanding under paragraph (1) 

9 shall provide details of any cost-sharing arrangement 

10 or other funding arrangement. 

11 (c) LIMITATION ON NUMBER OF MEMBERS PARTICI12 PATING AS STAFF.—Not more than two members of the 

13 Armed Forces may participate as members of the staff 

14 of Headquarters Eurocorps, until the Secretary of Defense 

15 submits to the Committees on Armed Services of the Sen16 ate and the House of Representatives a report setting 

17 forth the following: 

18 (1) A certification by the Secretary of Defense 

19 that the participation of more than two members of 

20 the Armed Forces in Headquarters Eurocorps is in 

21 the national interests of the United States. 

22 (2) A description of the benefits of the partici23 pation of the additional members proposed by the 

24 Secretary. 


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1 (3) A description of the plans for the participa2 tion of the additional members proposed by the Sec3 retary, including the grades and posts to be filled. 

4 (4) A description of the costs associated with 

5 the participation of the additional members proposed 

6 by the Secretary. 

7 (d) NOTICE ON PARTICIPATION OF NUMBER OF

8 MEMBERS ABOVE CERTAIN CEILING.—Not more than 10 

9 members of the Armed Forces may participate as mem10 bers of the staff of Headquarters Eurocorps unless the 

11 Secretary of Defense submits to the Committees on Armed 

12 Services of the Senate and the House of Representatives 

13 a notice that the number of members so participating will 

14 exceed 10 members. 

15 (e) AVAILABILITY OF APPROPRIATED FUNDS.—

16 (1) AVAILABILITY.—Funds appropriated to the 

17 Department of Defense for operation and mainte18 nance are available as follows: 

19 (A) To pay the United States’ share of the 

20 operating expenses of Headquarters Eurocorps. 

21 (B) To pay the costs of the participation 

22 of members of the Armed Forces participating 

23 as members of the staff of Headquarters 

24 Eurocorps, including the costs of expenses of 

25 such participants. 


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1 (2) LIMITATION.—No funds may be used under 

2 this section to fund the pay or salaries of members 

3 of the Armed Forces who participate as members of 

4 the staff of the Headquarters, North Atlantic Treaty 

5 Organization (NATO) Rapid Deployable Corps 

6 under this section. 

7 (f) HEADQUARTERS EUROCORPS DEFINED.—In this 

8 section, the term ‘‘Headquarters Eurocorps’’ refers to the 

9 multinational military headquarters, established on Octo10 ber 1, 1993, which is one of the High Readiness Forces 

11 (Land) associated with the Allied Rapid Reaction Corps 

12 of NATO. 

13 SEC. 1276. DEPARTMENT OF DEFENSE PARTICIPATION IN 

14 EUROPEAN PROGRAM ON MULTILATERAL EX15 CHANGE OF AIR TRANSPORTATION AND AIR 

16 REFUELING SERVICES. 

17 (a) PARTICIPATION AUTHORIZED.—

18 (1) IN GENERAL.—The Secretary of Defense 

19 may, with the concurrence of the Secretary of State, 

20 authorize the participation of the United States in 

21 the Air Transport, Air-to-Air Refueling and other 

22 Exchanges of Services program (in this section re23 ferred to as the ‘‘ATARES program’’) of the Move24 ment Coordination Centre Europe. 


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1 (2) SCOPE OF PARTICIPATION.—Participation 

2 in the ATARES program under paragraph (1) shall 

3 be limited to the reciprocal exchange or transfer of 

4 air transportation and air refueling services on a re5 imbursable basis or by replacement-in-kind or the 

6 exchange of air transportation or air refueling serv7 ices of an equal value. 

8 (3) LIMITATIONS.—The United States’ balance 

9 of executed flight hours, whether as credits or deb10 its, in participation in the ATARES program under 

11 paragraph (1) may not exceed 500 hours. The 

12 United States’ balance of executed flight hours for 

13 air refueling in the ATARES program under para14 graph (1) may not exceed 200 hours. 

15 (b) WRITTEN ARRANGEMENT OR AGREEMENT.—

16 (1) ARRANGEMENT OR AGREEMENT RE17 QUIRED.—The participation of the United States in 

18 the ATARES program under subsection (a) shall be 

19 in accordance with a written arrangement or agree20 ment entered into by the Secretary of Defense, with 

21 the concurrence of the Secretary of State, and the 

22 Movement Coordination Centre Europe. 

23 (2) FUNDING ARRANGEMENTS.—If Department 

24 of Defense facilities, equipment, or funds are used to 

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1 ment or agreement under paragraph (1) shall specify 

2 the details of any equitable cost sharing or other 

3 funding arrangement. 

4 (3) OTHER ELEMENTS.—Any written arrange5 ment or agreement entered into under paragraph (1) 

6 shall require that any accrued credits and liabilities 

7 resulting from an unequal exchange or transfer of 

8 air transportation or air refueling services shall be 

9 liquidated, not less than once every five years, 

10 through the ATARES program. 

11 (c) IMPLEMENTATION.—In carrying out any written 

12 arrangement or agreement entered into under subsection 

13 (b), the Secretary of Defense may—

14 (1) pay the United States’ equitable share of 

15 the operating expenses of the Movement Coordina16 tion Centre Europe and the ATARES consortium 

17 from funds available to the Department of Defense 

18 for operation and maintenance; and 

19 (2) assign members of the Armed Forces or De20 partment of Defense civilian personnel, from among 

21 members and personnel within billets authorized for 

22 the United States European Command, to duty at 

23 the Movement Coordination Centre Europe as nec24 essary to fulfill the United States’ obligations under 

25 that arrangement or agreement. 


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1 (d) CREDITING OF RECEIPTS.—Any amount received 

2 by the United States in carrying out a written arrange3 ment or agreement entered into under subsection (b) shall 

4 be credited, as elected by the Secretary of Defense, to the 

5 following: 

6 (1) The appropriation, fund, or account used in 

7 incurring the obligation for which such amount is re8 ceived. 

9 (2) An appropriation, fund, or account cur10 rently available for the purposes for which such obli11 gation was made. 

12 (e) ANNUAL SECRETARY OF DEFENSE REPORTS.—

13 Not later than 30 days after the end of each fiscal year 

14 in which the authority provided by this section is in effect, 

15 the Secretary of Defense shall submit to the congressional 

16 defense committees a report on United States participa17 tion in the ATARES program during such fiscal year. 

18 Each report shall include the following: 

19 (1) The United States balance of executed 

20 flight hours at the end of the fiscal year covered by 

21 such report. 

22 (2) The types of services exchanged or trans23 ferred during the fiscal year covered by such report. 

24 (3) A description of any United States costs 

25 under the written arrangement or agreement under 


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1 subsection (b)(1) in connection with the use of De2 partment of Defense facilities, equipment, or funds 

3 to support the ATARES program under that sub4 section as provided by subsection (b)(2). 

5 (4) A description of the United States’ equi6 table share of the operating expenses of the Move7 ment Coordination Centre Europe and the ATARES 

8 consortium paid under subsection (c)(1). 

9 (5) A description of any amounts received by 

10 the United States in carrying out a written arrange11 ment or agreement entered into under subsection 

12 (b). 

13 (f) COMPTROLLER GENERAL OF UNITED STATES

14 REPORT.—Not later than one year after the date of the 

15 enactment of this Act, the Comptroller General of the 

16 United States shall submit to the congressional defense 

17 committees a report on the ATARES program. The report 

18 shall set forth the assessment of the Comptroller General 

19 of the program, including the types of services available 

20 under the program, whether the program is achieving its 

21 intended purposes, and, on the basis of actual cost data 

22 from the performance of the program, the cost-effective23 ness of the program. 

24 (g) EXPIRATION.—The authority provided by this 

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1 pire five years after the date on which the Secretary of 

2 Defense first enters into a written arrangement or agree3 ment under subsection (b). The Secretary shall publish no4 tice of such date on a public website of the Department 

5 of Defense. 

6 SEC. 1277. PROHIBITION ON USE OF FUNDS TO ENTER INTO 

7 CONTRACTS OR AGREEMENTS WITH 

8 ROSOBORONEXPORT. 

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

10 be appropriated by this Act may be used to enter into a 

11 contract, memorandum of understanding, or cooperative 

12 agreement with, to make a grant to, or to provide a loan 

13 or loan guarantee to Rosoboronexport. 

14 (b) NATIONAL SECURITY WAIVER AUTHORITY.—The 

15 Secretary of Defense may waive the applicability of sub16 section (a) if the Secretary determines that such a waiver 

17 is in the national security interests of the United States. 

18 SEC. 1278. SENSE OF CONGRESS ON IRON DOME SHORT19 RANGE ROCKET DEFENSE SYSTEM. 

20 Congress—

21 (1) reaffirms its commitment to the security of 

22 our ally and strategic partner, Israel; 

23 (2) fully supports Israel’s right to defend itself 

24 against acts of terrorism; 


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1 (3) sympathizes with the families of Israelis 

2 who have come under the indiscriminate rocket fire 

3 from Hamas-controlled Gaza; 

4 (4) recognizes the exceptional success of the 

5 Iron Dome short-range rocket defense system in de6 fending the population of Israel; 

7 (5) desires to help ensure that Israel has the 

8 means to defend itself against terrorist attacks, in9 cluding through the procurement of additional Iron 

10 Dome batteries and interceptors; and 

11 (6) urges the Department of Defense and the 

12 Department of State to explore with their Israeli 

13 counterparts and alert Congress of any requirements 

14 the Israeli Defense Force may have for additional 

15 Iron Dome batteries, interceptors, or other equip16 ment depleted during the recent conflict with 

17 Hamas-controlled Gaza. 

18 SEC. 1279. BILATERAL DEFENSE TRADE RELATIONSHIP 

19 WITH INDIA. 

20 (a) REPORT.—

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of the enactment of this Act, the Sec23 retary of Defense shall, in coordination with the Sec24 retary of State, submit to the appropriate commit25 tees of Congress a report on the prospects for exVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01019 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 panding defense trade between the United States 

2 and India within the context of their bilateral de3 fense relationship. 

4 (2) ELEMENTS.—The report required by para5 graph (1) shall include the following: 

6 (A) An assessment of the policies of the 

7 United States for enhancing cooperation and 

8 coordination between the Government of the 

9 United States and the Government of India on 

10 matters of shared security interests. 

11 (B) A description of the policies of the 

12 United States for expanding defense trade with 

13 India. 

14 (C) An assessment of the opportunities 

15 and challenges for expanding security ties be16 tween the United States and India, including 

17 those opportunities and challenges associated 

18 with defense trade relations. 

19 (D) The findings and conclusions of the 

20 comprehensive policy review required by sub21 section (b). 

22 (b) COMPREHENSIVE POLICY REVIEW.—The Sec23 retary of Defense shall, in coordination with the Secretary 

24 of State, conduct a comprehensive policy review—


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1 (1) to examine the feasibility of engaging in co2 production and co-development defense projects with 

3 India; and 

4 (2) to consider potential areas of cooperation to 

5 engage in co-production and co-development defense 

6 projects with India that are aligned with United 

7 States national security objectives. 

8 (c) APPROPRIATE COMMITTEES OF CONGRESS DE9 FINED.—In this section, the term the term ‘‘appropriate 

10 committees of Congress’’ means—

11 (1) the Committee on Armed Services and the 

12 Committee on Foreign Relations of the Senate; and 

13 (2) the Committee on Armed Services and the 

14 Committee on Foreign Affairs of the House of Rep15 resentatives. 

16 SEC. 1280. UNITED STATES ADVISORY COMMISSION ON 

17 PUBLIC DIPLOMACY. 

18 (a) TECHNICAL AMENDMENT.—Section 604(a)(1) of 

19 the United States Information and Educational Exchange 

20 Act of 1948 (22 U.S.C. 1469(a)(1)) is amended by insert21 ing ‘‘(referred to in this section as the ‘Commission’)’’ be22 fore the period at the end. 

23 (b) DUTIES AND RESPONSIBILITIES.—Section 604(c) 

24 of such Act is amended to read as follows: 


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1 ‘‘(c) DUTIES AND RESPONSIBILITIES.—The Commis2 sion shall appraise United States Government activities in3 tended to understand, inform, and influence foreign 

4 publics. The activities described in this subsection shall 

5 be referred to in this section as ‘public diplomacy activi6 ties’.’’. 

7 (c) REPORTS.—Section 604(d) of such Act is amend8 ed to read as follows: 

9 ‘‘(d) REPORTS.—

10 ‘‘(1) COMPREHENSIVE ANNUAL REPORT.—

11 ‘‘(A) IN GENERAL.—Not less frequently 

12 than annually, the Commission shall submit a 

13 comprehensive report on public diplomacy and 

14 international broadcasting activities to Con15 gress, the President, and the Secretary of 

16 State. This report shall include—

17 ‘‘(i) a detailed list of all public diplo18 macy activities funded by the United 

19 States Government; 

20 ‘‘(ii) a description of—

21 ‘‘(I) the purpose, means, and ge22 ographic scope of each activity; 

23 ‘‘(II) when each activity was 

24 started; 


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1 ‘‘(III) the amount of Federal 

2 funding expended on each activity; 

3 ‘‘(IV) any significant outside 

4 sources of funding; and 

5 ‘‘(V) the Federal department or 

6 agency to which the activity belongs; 

7 ‘‘(iii) the international broadcasting 

8 activities under the direction of the Broad9 casting Board of Governors; 

10 ‘‘(iv) an assessment of potentially du11 plicative public diplomacy and inter12 national broadcasting activities; and 

13 ‘‘(v) for any activities determined to 

14 be ineffective or results not demonstrated 

15 under subparagraph (B), recommendations 

16 on existing effective or moderately effective 

17 public diplomacy activities that could be 

18 augmented to carry out the objectives of 

19 the ineffective activities. 

20 ‘‘(B) EFFECTIVENESS ASSESSMENT.—In 

21 evaluating the public diplomacy and inter22 national broadcasting activities described in 

23 subparagraph (A), the Commission shall con24 duct an assessment that considers the public di25 plomacy target impact, the achieved impact, 


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1 and the cost of public diplomacy activities and 

2 international broadcasting. The assessment 

3 shall include, if practicable, an appropriate met4 ric such as ‘cost-per-audience’ or ‘cost-per-stu5 dent’ for each activity. Upon the completion of 

6 the assessment, the Commission shall assign a 

7 rating of—

8 ‘‘(i) ‘effective’ for activities that—

9 ‘‘(I) set appropriate goals and 

10 achieve all or most of the desired re11 sults; 

12 ‘‘(II) are well-managed; and 

13 ‘‘(III) are cost efficient; 

14 ‘‘(ii) ‘moderately effective’ for activi15 ties that—

16 ‘‘(I) set appropriate goals and 

17 achieve some desired results; 

18 ‘‘(II) are generally well-managed; 

19 and 

20 ‘‘(III) need to improve their cost 

21 efficiency, including reducing over22 head; 

23 ‘‘(iii) ‘ineffective’ for activities that—


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1 ‘‘(I) lack appropriate goals or fail 

2 to achieve stated goals or desired re3 sults; 

4 ‘‘(II) are not well-managed; or 

5 ‘‘(III) are not cost efficient, such 

6 as through insufficient use of avail7 able resources to achieve stated goals 

8 or desired results, or have excessive 

9 overhead; and 

10 ‘‘(iv) ‘results not demonstrated’ for 

11 activities that—

12 ‘‘(I) do not have acceptable per13 formance public diplomacy metrics for 

14 measuring results; or 

15 ‘‘(II) are unable or failed to col16 lect data to determine if they are ef17 fective. 

18 ‘‘(2) OTHER REPORTS.—

19 ‘‘(A) IN GENERAL.—The Commission shall 

20 submit other reports, including working papers, 

21 to Congress, the President, and the Secretary 

22 of State at least semi-annually on other activi23 ties and policies related to United States public 

24 diplomacy. 


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1 ‘‘(B) AVAILABILITY.—The Commission 

2 shall make the reports submitted pursuant to 

3 subparagraph (A) publicly available on the 

4 website of the Commission to develop a better 

5 understanding of, and support for, public diplo6 macy activities. 

7 ‘‘(3) ACCESS TO INFORMATION.—The Secretary 

8 of State shall ensure that the Commission has access 

9 to all appropriate information to carry out its duties 

10 and responsibilities under this subsection.’’. 

11 (d) REAUTHORIZATION.—

12 (1) IN GENERAL.—Section 1334 of the Foreign 

13 Affairs Reform and Restructuring Act of 1998 (22 

14 U.S.C. 6553) is amended by striking ‘‘October 1, 

15 2010’’ and inserting ‘‘October 1, 2015’’. 

16 (2) RETROACTIVITY OF EFFECTIVE DATE.—The 

17 amendment made by paragraph (1) shall take effect 

18 on October 1, 2010. 

19 (e) FUNDING.—There is authorized to be appro20 priated such sums as may be necessary for the United 

21 States Advisory Commission on Public Diplomacy to carry 

22 out section 604 of the United States Information and 

23 Educational Exchange Act of 1948 (22 U.S.C. 1469), as 

24 amended by this section. 


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1 SEC. 1281. SENSE OF CONGRESS ON SALE OF AIRCRAFT TO 

2 TAIWAN. 

3 It is the sense of Congress that—

4 (1) the Taiwan Relations Act (Public Law 96–

5 8) codified the basis for commercial, cultural, and 

6 other relations between the people of the United 

7 States and the people of Taiwan; 

8 (2) the Taiwan Relations Act states that ‘‘the 

9 United States will make available to Taiwan such 

10 defense articles and defense services in such quan11 tity as may be necessary to enable Taiwan to main12 tain a sufficient self-defense capability’’, and that 

13 ‘‘both the President and the Congress shall deter14 mine the nature and quantity of such defense arti15 cles and services based solely upon their judgment 

16 on the needs of Taiwan, in accordance with proce17 dures established by law’’; 

18 (3) the United States, in accordance with the 

19 Taiwan Relations Act, should continue to make 

20 available to Taiwan such defense articles and serv21 ices as may be necessary for Taiwan to maintain a 

22 sufficient self-defense capability; 

23 (4) notwithstanding the upgrade of Taiwan’s 

24 F–16 A/B aircraft, Taiwan will experience a growing 

25 shortfall in fighter aircraft, particularly as its F–5 

26 aircraft are retired from service; and 


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1 (5) the President should take steps to address 

2 Taiwan’s shortfall in fighter aircraft, whether 

3 through the sale of F–16 C/D aircraft or other air4 craft of similar capability, as may be necessary to 

5 enable Taiwan to maintain a sufficient self-defense 

6 capability. 

7 SEC. 1282. BRIEFINGS ON DIALOGUE BETWEEN THE 

8 UNITED STATES AND THE RUSSIAN FEDERA9 TION ON NUCLEAR ARMS, MISSILE DEFENSE 

10 SYSTEMS, AND LONG-RANGE CONVENTIONAL 

11 STRIKE SYSTEMS. 

12 (a) BRIEFINGS.—Not later than 60 days after the 

13 date of the enactment of this Act, and not less than twice 

14 each year thereafter, the President, or the President’s des15 ignee, shall brief the Committee on Foreign Relations and 

16 the Committee on Armed Services of the Senate on the 

17 dialogue between the United States and the Russian Fed18 eration on issues related to limits or controls on nuclear 

19 arms, missile defense systems, or long-range conventional 

20 strike systems. 

21 (b) SENSE OF CONGRESS ON CERTAIN AGREE22 MENTS.—It is the sense of Congress that any agreement 

23 between the United States and the Russian Federation re24 lated to nuclear arms, missile defense systems, or long25 range conventional strike systems obligating the United 


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1 States to reduce or limit the Armed Forces or armaments 

2 of the United States in any militarily significant manner 

3 may be made only pursuant to the treaty-making power 

4 of the President as set forth in Article II, section 2, clause 

5 2 of the Constitution of the United States. 

6 (c) RULE OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed to be inconsistent with or to inter8 fere with the practices, precedents, or oversight of the 

9 House of Representatives. 

10 SEC. 1283. SENSE OF CONGRESS ON EFFORTS TO REMOVE 

11 OR APPREHEND JOSEPH KONY FROM THE 

12 BATTLEFIELD AND END THE ATROCITIES OF 

13 THE LORD’S RESISTANCE ARMY. 

14 Consistent with the Lord’s Resistance Army Disar15 mament and Northern Uganda Recovery Act of 2009 

16 (Public Law 111–172), it is the sense of the Congress 

17 that—

18 (1) the ongoing United States advise and assist 

19 operation to support the regional governments in Af20 rica in their ongoing efforts to remove or apprehend 

21 Joseph Kony and his top commanders from the bat22 tlefield and end atrocities perpetuated by his Lord’s 

23 Resistance Army should continue as appropriate to 

24 achieve the goals of the operation; 


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1 (2) the Secretary of Defense should provide in2 telligence, surveillance, and reconnaissance assets, as 

3 authorized to be appropriated by other provisions of 

4 this Act, to support the ongoing efforts of United 

5 States Special Operations Forces to advise and as6 sist regional partners as they conduct operations 

7 against the Lord’s Resistance Army in Central Afri8 ca; 

9 (3) United States and regional African forces 

10 should increase their operational coordination on ef11 forts to remove or apprehend Joseph Kony from the 

12 battlefield and end the atrocities of the Lord’s Re13 sistance Army; and 

14 (4) the regional governments should recommit 

15 themselves to the Regional Cooperation Initiative for 

16 the Elimination of the Lord’s Resistance Army au17 thorized by the African Union. 

18 SEC. 1284. IMPOSITION OF SANCTIONS WITH RESPECT TO 

19 SUPPORT FOR THE REBEL GROUP KNOWN AS 

20 M23. 

21 (a) BLOCKING OF ASSETS.—

22 (1) IN GENERAL.—The Secretary of the Treas23 ury shall, pursuant to the International Emergency 

24 Economic Powers Act (50 U.S.C. 1701 et seq.) or 

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1 ing to blocking property of certain persons contrib2 uting to the conflict in the Democratic Republic of 

3 the Congo), block and prohibit all transactions in all 

4 property and interests in property of a person de5 scribed in subsection (c) if such property and inter6 ests in property are in the United States, come with7 in the United States, or are or come within the pos8 session or control of a United States person. 

9 (2) EXCEPTION.—

10 (A) IN GENERAL.—The requirement to 

11 block and prohibit all transactions in all prop12 erty and interests in property under paragraph 

13 (1) shall not include the authority to impose 

14 sanctions on the importation of goods. 

15 (B) GOOD DEFINED.—In this paragraph, 

16 the term ‘‘good’’ has the meaning given that 

17 term in section 16 of the Export Administration 

18 Act of 1979 (50 U.S.C. App. 2415) (as contin19 ued in effect pursuant to the International 

20 Emergency Economic Powers Act (50 U.S.C. 

21 1701 et seq.)). 

22 (b) VISA BAN.—The Secretary of State shall deny a 

23 visa to, and the Secretary of Homeland Security shall ex24 clude from the United States, any alien who is a person 

25 described in subsection (c). 


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1 (c) PERSONS DESCRIBED.—A person described in 

2 this subsection is a person that the President determines 

3 provides, on or after the date of the enactment of this Act, 

4 significant financial, material, or technological support to 

5 M23. 

6 (d) WAIVER.—The President may waive the applica7 tion of this section with respect to a person if the Presi8 dent determines and reports to the appropriate congres9 sional committees that the waiver is in the national inter10 est of the United States. 

11 (e) TERMINATION OF SANCTIONS.—Sanctions im12 posed under this section may terminate 15 days after the 

13 date on which the President determines and reports to the 

14 appropriate congressional committees that the person cov15 ered by such determination has terminated the provision 

16 of significant financial, material, and technological sup17 port to M23. 

18 (f) TERMINATION OF SECTION.—This section shall 

19 terminate on the date that is 15 days after the date on 

20 which the President determines and reports to the appro21 priate congressional committees that M23 is no longer a 

22 significant threat to peace and security in the Democratic 

23 Republic of the Congo. 

24 (g) DEFINITIONS.—In this section: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means—

4 (A) the Committee on Banking, Housing, 

5 and Urban Affairs, the Committee on Armed 

6 Services, and the Committee on Foreign Rela7 tions of the Senate; and 

8 (B) the Committee on Financial Services, 

9 the Committee on Armed Services, and the 

10 Committee on Foreign Affairs of the House of 

11 Representatives. 

12 (2) M23.—The term ‘‘M23’’ refers to the rebel 

13 group known as M23 operating in the Democratic 

14 Republic of the Congo that derives its name from 

15 the March 23, 2009, agreement between the Govern16 ment of the Democratic Republic of the Congo and 

17 the National Congress for the Defense of the People 

18 (or any successor group). 

19 (3) UNITED STATES PERSON.—The term 

20 ‘‘United States person’’ means—

21 (A) an individual who is a United States 

22 citizen or an alien lawfully admitted for perma23 nent residence to the United States; or 


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1 (B) an entity organized under the laws of 

2 the United States or of any jurisdiction within 

3 the United States. 

4 SEC. 1285. PILOT PROGRAM ON REPAIR, OVERHAUL, AND 

5 REFURBISHMENT OF DEFENSE ARTICLES 

6 FOR SALE OR TRANSFER TO ELIGIBLE FOR7 EIGN COUNTRIES AND ENTITIES. 

8 (a) PILOT PROGRAM AUTHORIZED.—The Secretary 

9 of Defense may carry out a pilot program to repair, over10 haul, or refurbish in-stock defense articles in anticipation 

11 of the sale or transfer of such defense articles to eligible 

12 foreign countries or international organizations under law. 

13 (b) FUND FOR SUPPORT OF PROGRAM AUTHOR14 IZED.—The Secretary of Defense may establish and ad15 minister a fund to be known as the ‘‘Special Defense Re16 pair Fund’’ (in this section referred to as the ‘‘Fund’’) 

17 to support the program authorized by subsection (a). 

18 (c) CREDITS TO FUND.—

19 (1) IN GENERAL.—Subject to paragraphs (2) 

20 and (3), the following shall be credited to the Fund: 

21 (A) Such amounts, not to exceed 

22 $50,000,000, from amounts authorized to be 

23 appropriated for overseas contingency oper24 ations for fiscal year 2013 as the Secretary of 

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1 grammed under a reprogramming authority 

2 provided by another provision of this Act or by 

3 other law. 

4 (B) Notwithstanding section 114(c) of title 

5 10, United States Code, any collection from the 

6 sale or transfer of defense articles from Depart7 ment of Defense stocks repaired, overhauled, or 

8 refurbished with amounts from the Fund that 

9 are not intended to be replaced which sale or 

10 transfer is made pursuant to section 

11 21(a)(1)(A) of the Arms Export Control Act 

12 (22 U.S.C. 2761(a)(1)(A)), the Foreign Assist13 ance Act of 1961 (22 U.S.C. 2151 et seq.), or 

14 another provision of law. 

15 (C) Notwithstanding section 37(a) of the 

16 Arms Export Control Act (22 U.S.C. 2777(a)), 

17 any cash payment from the sale or transfer of 

18 defense articles from Department of Defense 

19 stocks repaired, overhauled, or refurbished with 

20 amounts from the Fund that are intended to be 

21 replaced. 

22 (2) LIMITATION ON AMOUNTS CREDITABLE

23 FROM SALE OR TRANSFER OF ARTICLES.—

24 (A) CREDITS IN CONNECTION WITH ARTI25 CLES NOT TO BE REPLACED.—The amount 


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1 credited to the Fund under paragraph (1)(B) in 

2 connection with a collection from the sale or 

3 transfer of defense articles may not exceed the 

4 cost incurred by the Department of Defense in 

5 repairing, overhauling, or refurbishing such de6 fense articles under the program authorized by 

7 subsection (a). 

8 (B) CREDITS IN CONNECTION WITH ARTI9 CLES TO BE REPLACED.—The amount credited 

10 to the Fund under paragraph (1)(C) in connec11 tion with a sale or transfer of defense articles 

12 may not exceed the amounts from the Fund 

13 used to repair, overhaul, or refurbish such de14 fense articles. 

15 (3) LIMITATION ON SIZE OF FUND.—The total 

16 amount in the Fund at any time may not exceed 

17 $50,000,000. 

18 (4) TREATMENT OF AMOUNTS CREDITED.—

19 Amounts credited to the Fund under this subsection 

20 shall be merged with amounts in the Fund, and shall 

21 remain available until expended. 

22 (5) AUTHORIZATION TO PURCHASE SERVICES

23 FROM DOD WORKING CAPITAL FUND ACTIVITIES.—

24 The Fund shall be considered an authorized cus25 tomer of Department of Defense Working Capital 


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1 Fund activities. Prices of goods and services sold by 

2 Working Capital Fund activities to the Fund shall 

3 reflect Foreign Military Sales pricing guidelines, as 

4 promulgated by the Department of Defense Finan5 cial Management Regulation, and other applicable 

6 guidelines. 

7 (d) NONAVAILABILITY OF AMOUNTS IN FUND FOR

8 STORAGE, MAINTENANCE, AND RELATED COSTS.—Fol9 lowing the repair, overhaul, or refurbishment of defense 

10 articles under the program authorized by subsection (a), 

11 amounts in the Fund may not be used to pay costs of 

12 storage and maintenance of such defense articles or any 

13 other costs associated with the preservation or preparation 

14 for sale or transfer of such defense articles. 

15 (e) SALES OR TRANSFERS OF DEFENSE ARTICLES.—

16 (1) IN GENERAL.—Any sale or transfer of de17 fense articles repaired, overhauled, or refurbished 

18 under the program authorized by subsection (a) 

19 shall be in accordance with—

20 (A) the Arms Export Control Act (22 

21 U.S.C. 2751 et seq.); 

22 (B) the Foreign Assistance Act of 1961; or 

23 (C) another provision of law authorizing 

24 such sale or transfer. 


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1 (2) SECRETARY OF STATE CONCURRENCE RE2 QUIRED FOR CERTAIN SALES OR TRANSFERS TO

3 FOREIGN COUNTRIES.—If the sale or transfer of de4 fense articles occurs in accordance with a provision 

5 of law referred to in paragraph (1)(C) that does not 

6 otherwise require the concurrence of the Secretary of 

7 State for the sale or transfer, the sale or transfer 

8 may be made only with the concurrence of the Sec9 retary of State. 

10 (f) TRANSFERS OF AMOUNTS.—

11 (1) TRANSFER TO OTHER DEPARTMENT OF DE12 FENSE ACCOUNTS.—Amounts in the Fund may be 

13 transferred to any Department of Defense account 

14 for use in carrying out the program authorized by 

15 subsection (a). Any amount so transferred shall be 

16 merged with amounts in the account to which trans17 ferred, and shall be available for the same purposes 

18 and the same time period as amounts in the account 

19 to which transferred. 

20 (2) TRANSFER FROM OTHER DEPARTMENT OF

21 DEFENSE ACCOUNTS.—Upon a determination by the 

22 Secretary of Defense with respect to an amount 

23 transferred under paragraph (1) that all or part of 

24 such transfer is not necessary for the purposes 

25 transferred, such amount may be transferred back 


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1 to the Fund. Any amount so transferred shall be 

2 merged with amounts in the Fund, and shall remain 

3 available until expended. 

4 (g) CERTAIN EXCESS PROCEEDS TO BE CREDITED

5 TO SPECIAL DEFENSE ACQUISITION FUND.—Any collec6 tion from the sale or transfer of defense articles that are 

7 not intended to be replaced in excess of the amount cred8 itable to the Fund under subsection (c)(2)(A) shall be 

9 credited to the Special Defense Acquisition Fund estab10 lished pursuant to chapter 5 of the Arms Export Control 

11 Act (22 U.S.C. 2795 et seq.). 

12 (h) MATERIEL EFFICIENCIES AND DUPLICATION.—

13 In administering the program authorized by subsection 

14 (a), the Secretary of Defense shall ensure to the maximum 

15 extent possible that purchases made utilizing the Fund 

16 utilize existing Defense Logistics Agency contracts. The 

17 Secretary shall also ensure that none of the activities car18 ried out under the program authorized by subsection (a) 

19 are duplicative in nature to those performed by other mili20 tary departments or Defense Agencies. 

21 (i) CONDUCT BY PUBLIC OR PRIVATE SECTOR FA22 CILITIES OR ENTITIES.—The repair, overhaul, and refur23 bishment of defense articles under the program authorized 

24 by subsection (a) may be conducted by a facility or entity 

25 in the public sector or the private sector, consistent with 


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1 the requirements of chapter 146 of title 10, United States 

2 Code. 

3 (j) REPORTS.—

4 (1) ANNUAL REPORT.—Not later than 45 days 

5 after the end of each fiscal year through the date of 

6 expiration specified in subsection (l), the Secretary 

7 of Defense shall submit to the appropriate congres8 sional committees a report on the authorities under 

9 this section during such fiscal year. Each report 

10 shall include, for the fiscal year covered by such re11 port, the following: 

12 (A) The types and quantities of defense ar13 ticles repaired, overhauled, or refurbished under 

14 the program authorized by subsection (a). 

15 (B) The value of the repair, overhaul, or 

16 refurbishment performed under the program. 

17 (C) The amount of operation and mainte18 nance funds credited to the Fund under sub19 section (c)(1)(A). 

20 (D) The amount of any collections from 

21 the sale or transfer of defense articles repaired, 

22 overhauled, or refurbished under the program 

23 that was credited to the Fund under subsection 

24 (c)(1)(B). 


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1 (E) The amount of any cash payments 

2 from the sale or transfer of defense articles re3 paired, overhauled, or refurbished under the 

4 program that was credited to the Fund under 

5 subsection (c)(1)(C). 

6 (2) ASSESSMENT REPORT.—Not later than 

7 February 1, 2015, the Secretary of Defense shall 

8 submit to the appropriate congressional committees 

9 a report on the operation of the authorities in this 

10 section. The report shall include an assessment of 

11 the effectiveness of the authorities in meeting the 

12 objectives of the program authorized by subsection 

13 (a). At a minimum, the assessment shall address the 

14 following: 

15 (A) Cost efficiencies generated by utiliza16 tion of the Fund. 

17 (B) Time efficiencies gained in the delivery 

18 of defense articles under the program. 

19 (C) An explanation of all amounts trans20 ferred to and from the Fund pursuant to sub21 section (f). 

22 (D) A detailed account of excess proceeds 

23 credited to the Special Defense Acquisition 

24 Fund pursuant to section (g). 


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1 (E) A list of defense articles, by quantity 

2 and type, repaired under the program and an 

3 identification of the foreign countries or inter4 national organizations to which the repaired de5 fense articles were sold or transferred. 

6 (3) APPROPRIATE CONGRESSIONAL COMMIT7 TEES DEFINED.—In this subsection, the term ‘‘ap8 propriate congressional committees’’ means—

9 (A) the congressional defense committees; 

10 and 

11 (B) the Committee on Foreign Relations of 

12 the Senate and the Committee on Foreign Af13 fairs of the House of Representatives. 

14 (k) DEFENSE ARTICLE DEFINED.—In this section, 

15 the term ‘‘defense article’’ has the meaning given that 

16 term in section 47(3) of the Arms Export Control Act (22 

17 U.S.C. 2794(3)). 

18 (l) EXPIRATION OF AUTHORITY.—The authority to 

19 carry out the program authorized by subsection (a), and 

20 to use amounts in the Fund in support of the program, 

21 shall expire on September 30, 2015. 

22 SEC. 1286. SENSE OF CONGRESS ON THE SITUATION IN THE 

23 SENKAKU ISLANDS. 

24 It is the sense of Congress that—


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1 (1) the East China Sea is a vital part of the 

2 maritime commons of Asia, including critical sea 

3 lanes of communication and commerce that benefit 

4 all nations of the Asia-Pacific region; 

5 (2) the peaceful settlement of territorial and ju6 risdictional disputes in the East China Sea requires 

7 the exercise of self-restraint by all parties in the con8 duct of activities that would complicate or escalate 

9 disputes and destabilize the region, and differences 

10 should be handled in a constructive manner con11 sistent with universally recognized principles of cus12 tomary international law; 

13 (3) while the United States takes no position on 

14 the ultimate sovereignty of the Senkaku Islands, the 

15 United States acknowledges the administration of 

16 Japan over the Senkaku Islands; 

17 (4) the unilateral action of a third party will 

18 not affect the United States’ acknowledgment of the 

19 administration of Japan over the Senkaku Islands; 

20 (5) the United States has national interests in 

21 freedom of navigation, the maintenance of peace and 

22 stability, respect for international law, and 

23 unimpeded lawful commerce; 

24 (6) the United States supports a collaborative 

25 diplomatic process by claimants to resolve territorial 


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1 disputes without coercion, and opposes efforts at co2 ercion, the threat of use of force, or use of force by 

3 any claimant in seeking to resolve sovereignty and 

4 territorial issues in the East China Sea; and 

5 (7) the United States reaffirms its commitment 

6 to the Government of Japan under Article V of the 

7 Treaty of Mutual Cooperation and Security that 

8 ‘‘[e]ach Party recognizes that an armed attack 

9 against either Party in the territories under the ad10 ministration of Japan would be dangerous to its own 

11 peace and safety and declares that it would act to 

12 meet the common danger in accordance with its con13 stitutional provisions and processes’’. 

14 Subtitle G—Reports 

15 SEC. 1291. REVIEW AND REPORTS ON DEPARTMENT OF DE16 FENSE EFFORTS TO BUILD THE CAPACITY OF 

17 AND PARTNER WITH FOREIGN SECURITY 

18 FORCES. 

19 (a) REVIEW.—

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this Act, the De22 fense Policy Board shall conduct a review of the ef23 forts of the Department of Defense to build the ca24 pacity of, or partner with, foreign security forces in 


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1 support of United States national defense and secu2 rity strategies. 

3 (2) ELEMENTS.—The review required by this 

4 subsection shall include the following: 

5 (A) An examination of the ways in which 

6 the efforts of the Department to build the ca7 pacity of, or partner with, foreign security 

8 forces directly support implementation of cur9 rent national defense and security strategies. 

10 (B) An assessment of the range of effects 

11 that efforts of the Department to build the ca12 pacity of, or partner with, foreign security 

13 forces are designed to achieve in support of cur14 rent national defense and security strategies. 

15 (C) An assessment of the criteria used for 

16 prioritizing such efforts in support of national 

17 defense and security strategies. 

18 (D) An identification of the authorities the 

19 Department currently uses to implement such 

20 efforts, together with an assessment of the ade21 quacy of such authorities. 

22 (E) An assessment of the capabilities and 

23 resources required by the Department to imple24 ment such efforts. 


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1 (F) An assessment of the most effective 

2 distribution of the roles and responsibilities for 

3 such efforts within the Department, together 

4 with an assessment whether the Department 

5 military and civilian workforce is appropriately 

6 sized and shaped to meet the requirements of 

7 such efforts. 

8 (G) An evaluation of current measures of 

9 the Department for assessing activities of the 

10 Department designed to build the capacity of, 

11 or partner with, foreign security forces, includ12 ing an assessment whether such measures ad13 dress the extent to which such activities directly 

14 support the priorities of national defense and 

15 security strategies. 

16 (H) An identification of recommendations 

17 for clarifying or improving the guidance and as18 sessment measures of the Department relating 

19 to its efforts to build the capacity of, or partner 

20 with, foreign security forces in support of na21 tional defense and security strategies. 

22 (3) REPORT.—Not later than 90 days after the 

23 completion of the review required by this subsection, 

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1 gressional defense committees a report containing 

2 the result of the review. 

3 (b) STRATEGIC GUIDANCE ON DEPARTMENT OF DE4 FENSE EFFORTS TO BUILD PARTNER CAPACITY AND

5 OTHER PARTNERSHIP INITIATIVES.—Not later than 120 

6 days after the completion of the review required by sub7 section (a), the Secretary of Defense shall, with the advice 

8 and assistance of the Chairman of the Joint Chiefs of 

9 Staff, submit to the congressional defense committees a 

10 report setting forth the following: 

11 (1) An assessment, taking into account the rec12 ommendations of the Defense Policy Board in the 

13 review required by subsection (a), of the efforts of 

14 the Department of Defense to build the capacity of, 

15 and partner with, foreign military forces in support 

16 of national defense and security strategies. 

17 (2) Strategic guidance for the Department for 

18 its efforts to build the capacity of, and partner with, 

19 foreign military forces in support of national defense 

20 and security strategies, which guidance shall ad21 dress—

22 (A) the ways such efforts directly support 

23 the goals and objectives of national defense and 

24 security strategies; 


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1 (B) the criteria to be used for prioritizing 

2 activities to implement such efforts in support 

3 of national defense and security strategies; 

4 (C) the measures to be used to assess the 

5 effects achieved by such efforts and the extent 

6 to which such effects support the objectives of 

7 national defense and security strategies; 

8 (D) the appropriate roles and responsibil9 ities of the Armed Forces, the combatant com10 mands, the Defense Agencies, and other compo11 nents of the Department in conducting such ef12 forts; and 

13 (E) the relationship of Department work14 force planning with the requirements for such 

15 efforts. 

16 SEC. 1292. ADDITIONAL REPORT ON MILITARY AND SECU17 RITY DEVELOPMENTS INVOLVING THE DEMO18 CRATIC PEOPLE’S REPUBLIC OF KOREA. 

19 Section 1236(a) of the National Defense Authoriza20 tion Act for Fiscal Year 2012 (Public Law 112–81; 125 

21 Stat. 1641) is amended by inserting after ‘‘November 1, 

22 2012,’’ the following: ‘‘and November 1, 2013,’’. 


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1 SEC. 1293. REPORT ON HOST NATION SUPPORT FOR OVER2 SEAS UNITED STATES MILITARY INSTALLA3 TIONS AND UNITED STATES ARMED FORCES 

4 DEPLOYED IN COUNTRY. 

5 (a) REPORT REQUIRED.—

6 (1) IN GENERAL.—Not later than March 1 of 

7 each year from 2013 through 2015, the Secretary of 

8 Defense, in consultation with the Secretary of State, 

9 shall submit to the appropriate congressional com10 mittees a report on the direct, indirect, and burden11 sharing contributions made by host nations to sup12 port overseas United States military installations 

13 and United States Armed Forces deployed in coun14 try. 

15 (2) ELEMENTS.—The report required by para16 graph (1) shall include at least the following: 

17 (A) A description of all costs associated 

18 with stationing United States Armed Forces in 

19 the host nation, including military personnel 

20 costs, operation and maintenance costs, and 

21 military construction costs. 

22 (B) A description of direct, indirect, and 

23 burden-sharing contributions made by the host 

24 nation, including the following: 

25 (i) Contributions accepted for the fol26 lowing costs: 


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1 (I) Compensation for local na2 tional employees of the Department of 

3 Defense. 

4 (II) Military construction 

5 projects of the Department of De6 fense, including design, procurement, 

7 construction management costs, rents 

8 on privately-owned land, facilities, 

9 labor, utilities, and vicinity improve10 ments. 

11 (III) Other costs such as loan 

12 guarantees on public-private venture 

13 housing and payment-in-kind for fa14 cilities returned to the host nation. 

15 (ii) Contributions accepted for any 

16 other purpose. 

17 (C) The methodology and accounting pro18 cedures used to measure and track direct, indi19 rect, and burden-sharing contributions made by 

20 host nations. 

21 (3) DESCRIPTION OF CONTRIBUTIONS IN

22 UNITED STATES DOLLARS.—The report required by 

23 paragraph (1) shall describe the direct, indirect, and 

24 burden-sharing contributions made by host nations 

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1 change rates used to determine the United States 

2 dollar value of such host nation contributions. 

3 (b) FORM.—The report required by subsection (a) 

4 shall be submitted in unclassified form, but may include 

5 a classified annex if necessary. 

6 (c) DEFINITIONS.—In this section: 

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means—

10 (A) the congressional defense committees; 

11 and 

12 (B) the Committee on Foreign Relations of 

13 the Senate and the Committee on Foreign Af14 fairs of the House of Representatives. 

15 (2) HOST NATION.—The term ‘‘host nation’’ 

16 means any country that hosts a permanent or tem17 porary United States military installation or a per18 manent or rotational deployment of United States 

19 Armed Forces located outside of the borders of the 

20 United States. 

21 (3) CONTRIBUTIONS.—The term ‘‘contribu22 tions’’ means cash and in-kind contributions made 

23 by a host nation that replace expenditures that 

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1 fense using funds appropriated or otherwise made 

2 available in defense appropriations Acts. 

3 SEC. 1294. REPORT ON MILITARY ACTIVITIES TO DENY OR 

4 SIGNIFICANTLY DEGRADE THE USE OF AIR 

5 POWER AGAINST CIVILIAN AND OPPOSITION 

6 GROUPS IN SYRIA. 

7 (a) REPORT REQUIRED.—Not later than 90 days 

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

9 of Defense shall, in consultation with the Chairman of the 

10 Joint Chiefs of Staff, submit to the congressional defense 

11 committees a report identifying the limited military activi12 ties that could deny or significantly degrade the ability of 

13 President Bashar al-Assad of Syria, and forces loyal to 

14 him, to use air power against civilians and opposition 

15 groups in Syria. 

16 (b) NATURE OF MILITARY ACTIVITIES.—

17 (1) PRINCIPAL PURPOSE.—The principal pur18 pose of the military activities identified for purposes 

19 of the report required by subsection (a) shall be to 

20 advance the goals of President Obama of stopping 

21 the killing of civilians in Syria and creating condi22 tions for a transition to a democratic, pluralistic po23 litical system in Syria. 


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1 (2) ADDITIONAL GOALS.—The military activi2 ties identified for purposes of the report shall also 

3 meet the goals as follows: 

4 (A) That the United States Armed Forces 

5 conduct such activities with foreign allies or 

6 partners. 

7 (B) That United States ground troops not 

8 be deployed onto Syrian territory. 

9 (C) That the risk to civilians on the 

10 ground in Syria be limited. 

11 (D) That the risks to United States mili12 tary personnel be limited. 

13 (E) That the financial costs to the United 

14 States be limited. 

15 (c) ELEMENTS ON POTENTIAL MILITARY ACTIVI16 TIES.—The report required by subsection (a) shall include 

17 a comprehensive description, evaluation, and assessment 

18 of the potential effectiveness of the following military ac19 tivities, as required by subsection (a): 

20 (1) The deployment of air defense systems, 

21 such as Patriot missile batteries, to neighboring 

22 countries for the purpose of denying or significantly 

23 degrading the operational capability of Syria air24 craft. 


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1 (2) The establishment of one or more no-fly 

2 zones over key population centers in Syria. 

3 (3) Limited air strikes to destroy or signifi4 cantly degrade Syria aircraft. 

5 (4) Such other military activities as the Sec6 retary considers appropriate to achieve the goals 

7 stated in subsection (b). 

8 (d) ELEMENTS IN DESCRIPTION OF POTENTIAL

9 MILITARY ACTIVITIES.—For each military activity that 

10 the Secretary identifies in subsection (c), the comprehen11 sive description of such activities under that subsection 

12 shall include, but not be limited to, the type and the num13 ber of United States military personnel and assets to be 

14 involved in such activities, the anticipated duration of such 

15 activities, and the anticipated cost of such activities. The 

16 report shall also identify what elements would be required 

17 to maximize the effectiveness of such military activities. 

18 (e) NO AUTHORIZATION FOR USE OF MILITARY

19 FORCE.—Nothing in this section shall be construed as a 

20 declaration of war or an authorization for the use of force. 

21 (f) FORM.—The report required by subsection (a) 

22 shall be submitted in classified form. 


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1 SEC. 1295. REPORT ON MILITARY ASSISTANCE PROVIDED 

2 BY RUSSIA TO SYRIA. 

3 (a) REPORT.—Not later than 90 days after the date 

4 of the enactment of this Act, the Secretary of Defense, 

5 in coordination with the Secretary of State, shall provide 

6 to the appropriate congressional committees a report on 

7 military assistance provided by the Russian Federation to 

8 Syria. 

9 (b) MATTERS TO BE INCLUDED.—The report re10 quired by subsection (a) shall include the following: 

11 (1) An analysis of whether Russia is providing 

12 direct or indirect military support for the Govern13 ment of Syria’s actions to forcefully act against 

14 groups opposing the Government of Syria, including 

15 a description of the types of support. 

16 (2) A description and analysis of Russia’s mili17 tary interests in Syria. 

18 (3) A description and analysis of Russia’s mili19 tary presence in Syria. 

20 (c) FORM.—The report required by subsection (a) 

21 shall be submitted in unclassified form, but may include 

22 a classified annex. 

23 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

24 DEFINED.—In this section, the term ‘‘appropriate con25 gressional committees’’ means—


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1 (1) the Committee on Armed Services and the 

2 Committee on Foreign Relations of the Senate; and 

3 (2) the Committee on Armed Services and the 

4 Committee on Foreign Affairs of the House of Rep5 resentatives. 

6 TITLE XIII—COOPERATIVE 

7 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.

8 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE9 DUCTION PROGRAMS AND FUNDS. 

10 (a) SPECIFICATION OF COOPERATIVE THREAT RE11 DUCTION PROGRAMS.—For purposes of section 301 and 

12 other provisions of this Act, Cooperative Threat Reduction 

13 programs are the programs specified in section 1501 of 

14 the National Defense Authorization Act for Fiscal Year 

15 1997 (50 U.S.C. 2362 note). 

16 (b) FISCAL YEAR 2013 COOPERATIVE THREAT RE17 DUCTION FUNDS DEFINED.—As used in this title, the 

18 term ‘‘fiscal year 2013 Cooperative Threat Reduction 

19 funds’’ means the funds appropriated pursuant to the au20 thorization of appropriations in section 301 and made 

21 available by the funding table in section 4301 for Coopera22 tive Threat Reduction programs. 

23 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

24 pursuant to the authorization of appropriations in section 


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1 301 and made available by the funding table in section 

2 4301 for Cooperative Threat Reduction programs shall be 

3 available for obligation for fiscal years 2013, 2014, and 

4 2015. 

5 SEC. 1302. FUNDING ALLOCATIONS. 

6 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

7 $519,111,000 authorized to be appropriated to the De8 partment of Defense for fiscal year 2013 in section 301 

9 and made available by the funding table in section 4301 

10 for Cooperative Threat Reduction programs, the following 

11 amounts may be obligated for the purposes specified: 

12 (1) For strategic offensive arms elimination, 

13 $68,271,000. 

14 (2) For chemical weapons destruction, 

15 $14,630,000. 

16 (3) For global nuclear security, $99,789,000. 

17 (4) For cooperative biological engagement, 

18 $276,399,000. 

19 (5) For proliferation prevention, $32,402,000. 

20 (6) For threat reduction engagement, 

21 $2,375,000. 

22 (7) For activities designated as Other Assess23 ments/Administrative Costs, $25,245,000. 

24 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

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1 operative Threat Reduction funds may be obligated or ex2 pended for a purpose other than a purpose listed in para3 graphs (1) through (7) of subsection (a) until 15 days 

4 after the date that the Secretary of Defense submits to 

5 Congress a report on the purpose for which the funds will 

6 be obligated or expended and the amount of funds to be 

7 obligated or expended. Nothing in the preceding sentence 

8 shall be construed as authorizing the obligation or expend9 iture of fiscal year 2013 Cooperative Threat Reduction 

10 funds for a purpose for which the obligation or expendi11 ture of such funds is specifically prohibited under this title 

12 or any other provision of law. 

13 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

14 AMOUNTS.—

15 (1) IN GENERAL.—Subject to paragraph (2), in 

16 any case in which the Secretary of Defense deter17 mines that it is necessary to do so in the national 

18 interest, the Secretary may obligate amounts appro19 priated for fiscal year 2013 for a purpose listed in 

20 paragraphs (1) through (7) of subsection (a) in ex21 cess of the specific amount authorized for that pur22 pose. 

23 (2) NOTICE-AND-WAIT REQUIRED.—An obliga24 tion of funds for a purpose stated in paragraphs (1) 

25 through (7) of subsection (a) in excess of the specific 


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1 amount authorized for such purpose may be made 

2 using the authority provided in paragraph (1) only 

3 after—

4 (A) the Secretary submits to Congress no5 tification of the intent to do so together with a 

6 complete discussion of the justification for 

7 doing so; and 

8 (B) 15 days have elapsed following the 

9 date of the notification. 

10 SEC. 1303. REPORT ON COOPERATIVE THREAT REDUCTION 

11 PROGRAMS IN RUSSIA. 

12 (a) REPORT.—Not later than 90 days after the date 

13 of the enactment of this Act, the Secretary of Defense, 

14 in coordination with the Secretary of State, the Secretary 

15 of Energy, and the Director of National Intelligence, shall 

16 submit to the appropriate congressional committees a re17 port on Cooperative Threat Reduction Programs in the 

18 Russian Federation. 

19 (b) MATTERS INCLUDED.—The report under sub20 section (a) shall include the following: 

21 (1) Identification of nonproliferation programs 

22 in Russia that—

23 (A) have accomplished their long-term ob24 jectives in reducing the threat of proliferation 

25 of weapons of mass destruction; and 


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1 (B) will be phased out during the five-year 

2 period beginning on the date of the enactment 

3 of this Act. 

4 (2) Identification of—

5 (A) nonproliferation programs in Russia 

6 that—

7 (i) reduce the threat of the prolifera8 tion of weapons of mass destruction; and 

9 (ii) will not be phased out during such 

10 five-year period; and 

11 (B) the metrics to evaluate the success of 

12 such programs. 

13 (3) Identification of—

14 (A) the nature of the threat of the pro15 liferation of weapons of mass destruction that 

16 underpin the programs described in paragraphs 

17 (1) and (2); and 

18 (B) the current and foreseeable threats 

19 that are addressed by such programs. 

20 (4) The impact on nonproliferation programs in 

21 Russia and the risks and benefits to national secu22 rity if the current agreement regarding such pro23 grams (commonly referred to as the ‘‘umbrella 

24 agreement’’) is amended or not renewed. 


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1 (5) What steps, if any, will be taken to continue 

2 or terminate ongoing nonproliferation programs if 

3 the umbrella agreement is not renewed. 

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

5 in unclassified form, but may contain a classified annex. 

6 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

7 DEFINED.—In this section, the term ‘‘appropriate con8 gressional committees’’ means—

9 (1) the Committee on Armed Services and the 

10 Committee on Foreign Affairs of the House of Rep11 resentatives; and 

12 (2) the Committee on Armed Services and the 

13 Committee on Foreign Relations of the Senate. 

14 TITLE XIV—OTHER 

15 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 


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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.

1 Subtitle A—Military Programs 

2 SEC. 1401. WORKING CAPITAL FUNDS. 

3 Funds are hereby authorized to be appropriated for 

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

5 activities and agencies of the Department of Defense for 

6 providing capital for working capital and revolving funds, 

7 as specified in the funding table in section 4501. 

8 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2013 for the National Defense Sealift Fund, 

11 as specified in the funding table in section 4501. 

12 SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUC13 TION, DEFENSE. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

15 are hereby authorized to be appropriated for the Depart16 ment of Defense for fiscal year 2013 for expenses, not oth17 erwise provided for, for Chemical Agents and Munitions 

18 Destruction, Defense, as specified in the funding table in 

19 section 4501. 


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

2 under subsection (a) are authorized for—

3 (1) the destruction of lethal chemical agents 

4 and munitions in accordance with section 1412 of 

5 the Department of Defense Authorization Act, 1986 

6 (50 U.S.C. 1521); and 

7 (2) the destruction of chemical warfare materiel 

8 of the United States that is not covered by section 

9 1412 of such Act. 

10 SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG AC11 TIVITIES, DEFENSE-WIDE. 

12 Funds are hereby authorized to be appropriated for 

13 the Department of Defense for fiscal year 2013 for ex14 penses, not otherwise provided for, for Drug Interdiction 

15 and Counter-Drug Activities, Defense-wide, as specified in 

16 the funding table in section 4501. 

17 SEC. 1405. DEFENSE INSPECTOR GENERAL. 

18 Funds are hereby authorized to be appropriated for 

19 the Department of Defense for fiscal year 2013 for ex20 penses, not otherwise provided for, for the Office of the 

21 Inspector General of the Department of Defense, as speci22 fied in the funding table in section 4501. 

23 SEC. 1406. DEFENSE HEALTH PROGRAM. 

24 Funds are hereby authorized to be appropriated for 

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1 ified in the funding table in section 4501, for use of the 

2 Armed Forces and other activities and agencies of the De3 partment of Defense in providing for the health of eligible 

4 beneficiaries. 

5 Subtitle B—National Defense 

6 Stockpile 

7 SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 

8 STOCKPILE FUNDS. 

9 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis10 cal year 2013, the National Defense Stockpile Manager 

11 may obligate up to $44,899,227 of the funds in the Na12 tional Defense Stockpile Transaction Fund established 

13 under subsection (a) of section 9 of the Strategic and Crit14 ical Materials Stock Piling Act (50 U.S.C. 98h) for the 

15 authorized uses of such funds under subsection (b)(2) of 

16 such section, including the disposal of hazardous materials 

17 that are environmentally sensitive. 

18 (b) ADDITIONAL OBLIGATIONS.—The National De19 fense Stockpile Manager may obligate amounts in excess 

20 of the amount specified in subsection (a) if the National 

21 Defense Stockpile Manager notifies Congress that extraor22 dinary or emergency conditions necessitate the additional 

23 obligations. The National Defense Stockpile Manager may 

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1 tion after the end of the 45-day period beginning on the 

2 date on which Congress receives the notification. 

3 (c) LIMITATIONS.—The authorities provided by this 

4 section shall be subject to such limitations as may be pro5 vided in appropriations Acts. 

6 SEC. 1412. ADDITIONAL SECURITY OF STRATEGIC MATE7 RIALS SUPPLY CHAINS. 

8 Section 2(b) of the Strategic and Critical Materials 

9 Stock Piling Act (50 U.S.C. 98a(b)) is amended by insert10 ing ‘‘or a single point of failure’’ after ‘‘foreign sources’’. 

11 SEC. 1413. RELEASE OF MATERIALS NEEDED FOR NA12 TIONAL DEFENSE PURPOSES FROM THE 

13 STRATEGIC AND CRITICAL MATERIALS 

14 STOCKPILE. 

15 (a) AUTHORITY FOR PRESIDENT TO DELEGATE SPE16 CIAL DISPOSAL AUTHORITY OF PRESIDENT FOR RELEASE

17 FOR NATIONAL DEFENSE PURPOSES.—Section 7(a) of 

18 the Strategic and Critical Materials Stock Piling Act (50 

19 U.S.C. 98f(a)) is amended—

20 (1) in paragraph (1), by striking ‘‘and’’ at the 

21 end; 

22 (2) in paragraph (2), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(3) on the order of the Under Secretary of De2 fense for Acquisition, Technology, and Logistics, if 

3 the President has designated the Under Secretary to 

4 have authority to issue release orders under this 

5 subsection and, in the case of any such order, if the 

6 Under Secretary determines that the release of such 

7 materials is required for use, manufacture, or pro8 duction for purposes of national defense.’’. 

9 (b) EXCLUSION FROM DELEGATION LIMITATION.—

10 Section 16 of such Act (50 U.S.C. 98h-7) is amended by 

11 striking ‘‘sections 7 and 13’’ each place it appears and 

12 inserting ‘‘sections 7(a)(1) and 13’’. 

13 Subtitle C—Chemical 

14 Demilitarization Matters 

15 SEC. 1421. SUPPLEMENTAL CHEMICAL AGENT AND MUNI16 TIONS DESTRUCTION TECHNOLOGIES AT 

17 PUEBLO CHEMICAL DEPOT, COLORADO, AND 

18 BLUE GRASS ARMY DEPOT, KENTUCKY. 

19 (a) SUPPLEMENTAL DESTRUCTION TECH20 NOLOGIES.—Section 1412 of the Department of Defense 

21 Authorization Act, 1986 (50 U.S.C. 1521) is amended—

22 (1) in subsection (i)(2), by adding at the end 

23 the following new subparagraph: 

24 ‘‘(E) A description of any supplemental chem25 ical agent and munitions destruction technologies 


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1 used at Pueblo Chemical Depot, Colorado, and Blue 

2 Grass Army Depot, Kentucky, during the period cov3 ered by the report, including explosive destruction 

4 technologies and any technologies developed for the 

5 treatment and disposal of energetic or agent 

6 hydrolystates.’’; 

7 (2) in subsection (j)(2), by adding at the end 

8 the following new subparagraph: 

9 ‘‘(E) A description and justification for the use 

10 of any supplemental chemical agent and munitions 

11 destruction technologies used at Pueblo Chemical 

12 Depot, Colorado, and Blue Grass Army Depot, Ken13 tucky, during the period covered by the report, in14 cluding explosive destruction technologies and any 

15 technologies developed for the treatment and dis16 posal of energetic or agent hydrolysates. Such de17 scription and justification shall outline—

18 ‘‘(i) the need for the use of supplemental 

19 destruction technologies and technologies devel20 oped for the treatment and disposal of energetic 

21 or agent hydrolystates; 

22 ‘‘(ii) site-by-site descriptions of the prob23 lematic aspects of the stockpile requiring the 

24 use of supplemental technologies; 


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1 ‘‘(iii) the type of supplemental destruction 

2 technologies used at each site; and 

3 ‘‘(iv) any planned future use of other sup4 plemental destruction technologies for each 

5 site.’’; 

6 (3) by redesignating subsection (o) as sub7 section (p); and 

8 (4) by inserting after subsection (n) the fol9 lowing new subsection (o): 

10 ‘‘(o) SUPPLEMENTAL DESTRUCTION TECH11 NOLOGIES.—In determining the technologies to supple12 ment the neutralization destruction of the stockpile of le13 thal chemical agents and munitions at Pueblo Chemical 

14 Depot, Colorado, and Blue Grass Army Depot, Kentucky, 

15 the Secretary of Defense may consider the following: 

16 ‘‘(1) Explosive Destruction Technologies. 

17 ‘‘(2) Any technologies developed for the treat18 ment and disposal of energetic or agent hydroly19 sates, if problems with the current on-site treatment 

20 of hydrolysates are encountered.’’. 

21 (b) REPEAL OF SUPERSEDED PROVISION.—Section 

22 151 of the Floyd D. Spence National Defense Authoriza23 tion Act for Fiscal Year 2001 (as enacted into law by Pub24 lic Law 106–398; 114 Stat. 1645A–30) is repealed. 


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1 Subtitle D—Other Matters 

2 SEC. 1431. REDUCTION OF UNOBLIGATED BALANCES WITH3 IN THE PENTAGON RESERVATION MAINTE4 NANCE REVOLVING FUND. 

5 Not later than 60 days after the date of the enact6 ment of this Act, the Secretary of Defense shall transfer 

7 $5,000,000 from the unobligated balances of the Pentagon 

8 Reservation Maintenance Revolving Fund established 

9 under section 2674(e) of title 10, United States Code, to 

10 the Miscellaneous Receipts Fund of the United States 

11 Treasury. 

12 SEC. 1432. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

13 DEPARTMENT OF DEFENSE-DEPARTMENT OF 

14 VETERANS AFFAIRS MEDICAL FACILITY DEM15 ONSTRATION FUND FOR CAPTAIN JAMES A. 

16 LOVELL HEALTH CARE CENTER, ILLINOIS. 

17 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

18 funds authorized to be appropriated for section 1406 and 

19 available for the Defense Health Program for operation 

20 and maintenance, $139,204,000 may be transferred by the 

21 Secretary of Defense to the Joint Department of Defense–

22 Department of Veterans Affairs Medical Facility Dem23 onstration Fund established by subsection (a)(1) of sec24 tion 1704 of the National Defense Authorization Act for 

25 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 


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1 For purposes of subsection (a)(2) of such section 1704, 

2 any funds so transferred shall be treated as amounts au3 thorized and appropriated specifically for the purpose of 

4 such a transfer. 

5 (b) USE OF TRANSFERRED FUNDS.—For the pur6 poses of subsection (b) of such section 1704, facility oper7 ations for which funds transferred under subsection (a) 

8 may be used are operations of the Captain James A. 

9 Lovell Federal Health Care Center, consisting of the 

10 North Chicago Veterans Affairs Medical Center, the Navy 

11 Ambulatory Care Center, and supporting facilities des12 ignated as a combined Federal medical facility under an 

13 operational agreement covered by section 706 of the Dun14 can Hunter National Defense Authorization Act for Fiscal 

15 Year 2009 (Public Law 110–417; 122 Stat. 4500). 

16 SEC. 1433. AUTHORIZATION OF APPROPRIATIONS FOR 

17 ARMED FORCES RETIREMENT HOME. 

18 There is hereby authorized to be appropriated for fis19 cal year 2013 from the Armed Forces Retirement Home 

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

21 the Armed Forces Retirement Home. 

22 SEC. 1434. CEMETERIAL EXPENSES. 

23 Funds are hereby authorized to be appropriated for 

24 the Department of the Army for fiscal year 2013 for 


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1 cemeterial expenses, not otherwise provided for, in the 

2 amount of $173,800,000. 

3 SEC. 1435. ADDITIONAL WEAPONS OF MASS DESTRUCTION 

4 CIVIL SUPPORT TEAMS. 

5 (a) IN GENERAL.—Section 1403 of the Bob Stump 

6 National Defense Authorization Act for Fiscal Year 2003 

7 (Public Law 107–314; 116 Stat. 2676; 10 U.S.C. 12310 

8 note) is amended—

9 (1) by striking subsection (b); 

10 (2) by redesignating subsection (c) as sub11 section (e); and 

12 (3) by inserting after subsection (a) the fol13 lowing new subsections (b), (c), and (d): 

14 ‘‘(b) ESTABLISHMENT OF FURTHER ADDITIONAL

15 TEAMS.—The Secretary of Defense is authorized to have 

16 established two additional teams designated as Weapons 

17 of Mass Destruction Civil Support Teams, beyond the 55 

18 teams required in subsection (a), if—

19 ‘‘(1) the Secretary of Defense has made the cer20 tification provided for in section 12310(c)(5) of title 

21 10, United States Code, with respect to each of such 

22 additional teams before December 31, 2011; and 

23 ‘‘(2) the establishment of such additional teams 

24 does not require an increase in authorized personnel 

25 levels above the numbers authorized as of the date 


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1 of the enactment of the National Defense Authoriza2 tion Act for Fiscal Year 2013. 

3 ‘‘(c) LIMITATION OF ESTABLISHMENT OF FURTHER

4 TEAMS.—No Weapons of Mass Destruction Civil Support 

5 Team may be established beyond the number authorized 

6 by subsections (a) and (b) unless—

7 ‘‘(1) the Secretary submits to Congress a re8 quest for authority to establish such team, including 

9 a detailed justification for its establishment; and 

10 ‘‘(2) the establishment of such team is specifi11 cally authorized by a law enacted after the date of 

12 the enactment of the National Defense Authoriza13 tion Act for Fiscal Year 2013. 

14 ‘‘(d) NOTIFICATION OF DISESTABLISHMENT OF

15 TEAMS.—No Weapons of Mass Destruction Civil Support 

16 Team established pursuant to this section may be dis17 established unless, by not later than 90 days before the 

18 date on which such team is disestablished, the Secretary 

19 submits to the congressional defense committees notice of 

20 the proposed disestablishment of the team and the date 

21 on which the disestablishment is proposed to take place.’’. 

22 (b) REPORT.—Not later than 180 days after the date 

23 of the enactment of this Act, the Secretary of Defense 

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1 port on the Weapons of Mass Destruction Civil Support 

2 Teams. The report shall include the following: 

3 (1) A detailed description of risk management 

4 criteria and considerations to be used in determining 

5 the optimal number and location of Weapons of 

6 Mass Destruction Civil Support Teams. 

7 (2) A description of the operational and train8 ing activities conducted by the Weapons of Mass De9 struction Civil Support Teams during each of fiscal 

10 years 2010, 2011, and 2012, and of such activities 

11 planned for fiscal year 2013. 

12 (3) An assessment of the optimal number and 

13 location of Weapons of Mass Destruction Civil Sup14 port Teams in light of the information under para15 graphs (1) and (2). 

16 (4) A comparative analysis of the cost of estab17 lishing Weapons of Mass Destruction Civil Support 

18 Teams in the reserve components of the Armed 

19 Forces (other than the National Guard) with the 

20 cost of establishing Weapons of Mass Destruction 

21 Civil Support Teams in the National Guard. 

22 (5) A description of the portion of the costs of 

23 Weapons of Mass Destruction Civil Support Teams 

24 that is currently borne by the States. 


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1 (6) Any other matter that the Secretary deter2 mines is appropriate. 

3 TITLE XV—AUTHORIZATION OF 

4 ADDITIONAL APPROPRIA5 TIONS FOR OVERSEAS CON6 TINGENCY 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.

7 Subtitle A—Authorization of 

8 Additional Appropriations 

9 SEC. 1501. PURPOSE. 

10 The purpose of this subtitle is to authorize appropria11 tions for the Department of Defense for fiscal year 2013 


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1 to provide additional funds for overseas contingency oper2 ations being carried out by the Armed Forces. 

3 SEC. 1502. PROCUREMENT. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2013 for procurement accounts for the Army, 

6 the Navy and the Marine Corps, the Air Force, and De7 fense-wide activities, as specified in the funding table in 

8 section 4102. 

9 SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUA10 TION. 

11 Funds are hereby authorized to be appropriated for 

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

13 for research, development, test, and evaluation, as speci14 fied in the funding table in section 4202. 

15 SEC. 1504. OPERATION AND MAINTENANCE. 

16 Funds are hereby authorized to be appropriated for 

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

18 activities and agencies of the Department of Defense for 

19 expenses, not otherwise provided for, for operation and 

20 maintenance, as specified in the funding table in section 

21 4302. 

22 SEC. 1505. MILITARY PERSONNEL. 

23 Funds are hereby authorized to be appropriated for 

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

25 activities and agencies of the Department of Defense for 


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1 expenses, not otherwise provided for, for military per2 sonnel, as specified in the funding table in section 4402. 

3 SEC. 1506. WORKING CAPITAL FUNDS. 

4 Funds are hereby authorized to be appropriated for 

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

6 activities and agencies of the Department of Defense for 

7 providing capital for working capital and revolving funds, 

8 as specified in the funding table in section 4502. 

9 SEC. 1507. DEFENSE HEALTH PROGRAM. 

10 Funds are hereby authorized to be appropriated for 

11 the Department of Defense for fiscal year 2013 for ex12 penses, not otherwise provided for, for the Defense Health 

13 Program, as specified in the funding table in section 4502. 

14 SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG AC15 TIVITIES, DEFENSE-WIDE. 

16 Funds are hereby authorized to be appropriated for 

17 the Department of Defense for fiscal year 2013 for ex18 penses, not otherwise provided for, for Drug Interdiction 

19 and Counter-Drug Activities, Defense-wide, as specified in 

20 the funding table in section 4502. 

21 SEC. 1509. DEFENSE INSPECTOR GENERAL. 

22 Funds are hereby authorized to be appropriated for 

23 the Department of Defense for fiscal year 2013 for ex24 penses, not otherwise provided for, for the Office of the 


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1 Inspector General of the Department of Defense, as speci2 fied in the funding table in section 4502. 

3 Subtitle B—Financial Matters 

4 SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

5 The amounts authorized to be appropriated by this 

6 title are in addition to amounts otherwise authorized to 

7 be appropriated by this Act. 

8 SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

9 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

10 (1) AUTHORITY.—Upon determination by the 

11 Secretary of Defense that such action is necessary in 

12 the national interest, the Secretary may transfer 

13 amounts of authorizations made available to the De14 partment of Defense in this title for fiscal year 2013 

15 between any such authorizations for that fiscal year 

16 (or any subdivisions thereof). Amounts of authoriza17 tions so transferred shall be merged with and be 

18 available for the same purposes as the authorization 

19 to which transferred. 

20 (2) LIMITATION.—The total amount of author21 izations that the Secretary may transfer under the 

22 authority of this subsection may not exceed 

23 $3,000,000,000. 


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1 (b) TERMS AND CONDITIONS.—Transfers under this 

2 section shall be subject to the same terms and conditions 

3 as transfers under section 1001. 

4 (c) ADDITIONAL AUTHORITY.—The transfer author5 ity provided by this section is in addition to the transfer 

6 authority provided under section 1001. 

7 Subtitle C—Limitations and Other 

8 Matters 

9 SEC. 1531. AFGHANISTAN SECURITY FORCES FUND. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that—

12 (1) it is the responsibility of the Commander, 

13 International Security Assistance Force/Commander, 

14 United States Forces—Afghanistan to ensure the se15 curity of members of the Armed Forces deployed to 

16 Afghanistan and to mitigate internal threats to such 

17 forces to the greatest extent possible, while con18 tinuing to meet the objectives of the International 

19 Security Assistance Force mission in Afghanistan, 

20 including the training and equipping of the Afghan 

21 National Security Forces so that they may provide 

22 for their own security; 

23 (2) the Afghan Public Protection Force must 

24 meet and maintain key standards to provide force 

25 protection for members of the Armed Forces; and 


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1 (3) if the Secretary of Defense determines that 

2 the Afghan Public Protection Force is not meeting 

3 such standards, the Secretary should take all appro4 priate actions to provide force protection for mem5 bers of the Armed Forces, including, if necessary, 

6 having the Armed Forces provide for their own force 

7 protection. 

8 (b) CONTINUATION OF EXISTING LIMITATIONS ON

9 USE OF FUNDS IN FUND.—Funds available to the De10 partment of Defense for the Afghanistan Security Forces 

11 Fund for fiscal year 2013 shall be subject to the condi12 tions contained in subsections (b) through (g) of section 

13 1513 of the National Defense Authorization Act for Fiscal 

14 Year 2008 (Public Law 110–181; 122 Stat. 428), as 

15 amended by section 1531(b) of the Ike Skelton National 

16 Defense Authorization Act for Fiscal Year 2011 (Public 

17 Law 111–383; 124 Stat. 4424). 

18 (c) AFGHAN PUBLIC PROTECTION FORCE.—

19 (1) SEMI-ANNUAL CERTIFICATIONS.—Not later 

20 than 90 days after the date of the enactment of this 

21 Act, and semiannually thereafter through December 

22 31, 2014, the Secretary of Defense shall certify in 

23 writing to the congressional defense committees the 

24 elements specified in paragraph (3). 


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1 (2) REPORT FOLLOWING INABILITY TO CERTIFY

2 ANY ELEMENT.—If the Secretary determines that an 

3 element specified in paragraph (3) cannot be cer4 tified in a report required by paragraph (1), the Sec5 retary shall submit to the congressional defense com6 mittees a report setting forth the following: 

7 (A) An explanation why such element can8 not be certified. 

9 (B) A description of the actions, if any, 

10 that are being taken to mitigate the risk associ11 ated with such element. 

12 (C) A description of the specific actions 

13 being taken to achieve the certification of such 

14 element, to the extent practicable. 

15 (3) CERTIFICATION ELEMENTS.—The elements 

16 of each certification specified in this paragraph are 

17 the following: 

18 (A) That each agreement between the 

19 United States and the Government of Afghani20 stan, or any contract between the Department 

21 of Defense and a contractor that subcontracts 

22 to the Afghan Public Protection Force, con23 tains—

24 (i) uniform standards that ensure a 

25 consistent level of security; 


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1 (ii) standard procedures and institu2 tional mechanisms for dispute resolution; 

3 (iii) requirements for the Afghan Pub4 lic Protection Force to adhere to the Af5 ghan Public Protection Force Code of Con6 duct and applicable international stand7 ards, such as the Montreux Document, and 

8 the International Code of Conduct for pri9 vate security service providers; and 

10 (iv) provisions for the United States, 

11 or the contractor, to take actions to ad12 dress the failure of the Afghan Public Pro13 tection Force to perform in a manner con14 sistent with the Afghan Public Protection 

15 Force Code of Conduct and applicable 

16 international standards. 

17 (B) That all Afghan Public Protection 

18 Force recruits and personnel are vetted under 

19 procedures consistent with the vetting stand20 ards of the United States for the Afghan Na21 tional Security Forces as of the date of the en22 actment of this Act. 

23 (C) That all Afghan Public Protection 

24 Force recruits and personnel are biometrically 


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1 screened in an independent fashion by the 

2 United States or contractors. 

3 (D) In the case of contracts to provide 

4 force protection at installations in Afghanistan 

5 where the Armed Forces are garrisoned or 

6 housed, that the Commander, International Se7 curity and Assistance Force/Commander, 

8 United States Forces—Afghanistan, or des9 ignees, are provided the ability to—

10 (i) approve or disapprove arming au11 thorization for Afghan Public Protection 

12 Force personnel performing activities at 

13 such installations; and 

14 (ii) account for and maintain records 

15 of Afghan Public Protection Force per16 sonnel authorized to perform activities at 

17 such installations. 

18 (E) That the International Security and 

19 Assistance Force Command has designated a 

20 centralized entity within that Command author21 ized to provide oversight of coalition activities 

22 relating to the Afghan Public Protection Force, 

23 including consultations with the Afghanistan 

24 Ministry of Interior regarding rules on the use 


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1 of force, violations of contract, and other per2 formance issues. 

3 (F) That there is a mechanism in place 

4 sufficient to—

5 (i) account for the transfer of any 

6 United States Government-owned, con7 tractor-acquired defense articles to the Af8 ghan Public Protection Force; and 

9 (ii) conduct end-use monitoring, of 

10 such defense articles, including an inven11 tory of the existence and completeness of 

12 any such defense articles. 

13 (d) REPORTS.—

14 (1) INITIAL ASSESSMENT.—Not later than 90 

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

16 Secretary of Defense shall submit to the congres17 sional defense committees a report setting forth an 

18 assessment of the Afghan Public Protection Force. 

19 (2) SUBSEQUENT ASSESSMENTS.—On a semi20 annual basis following the submittal of the report re21 quired by paragraph (1) through September 30, 

22 2014, the Secretary shall submit to the congres23 sional defense committees an assessment of the 

24 progress in the development of the Afghan Public 

25 Protection Force during the preceding six months. 


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1 (3) ELEMENTS.—Each report under this sub2 section shall include the following: 

3 (A) A description of the size and composi4 tion of the Afghan Public Protection Force. 

5 (B) An assessment of the recruiting and 

6 training for the Afghan Public Protection 

7 Force. 

8 (C) An assessment of the ability of the Af9 ghan Public Protection Force to perform its 

10 tasks and missions. 

11 (D) A description of measures of effective12 ness for evaluating the Afghan Public Protec13 tion Force. 

14 (E) Any recommendations provided by the 

15 United States to the Afghanistan Ministry of 

16 Interior to improve the performance of the Af17 ghan Public Protection Force. 

18 (F) A description of any instances of ter19 mination of contracts with the Afghan Public 

20 Protection Force. 

21 (G) An assessment of the ability of the 

22 United States, or contractors, to hold the Af23 ghan Public Protection Force accountable for 

24 gross or repeated violations. 


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1 (H) A description of the status of United 

2 States Government-owned, contractor-acquired 

3 defense articles provided to the Afghan Public 

4 Protection Force. 

5 (4) ADDITIONAL ELEMENTS DURING FISCAL

6 YEAR 2014 REPORTS.—Each report under paragraph 

7 (2) submitted during fiscal year 2014 shall include 

8 a plan, and any updates, on the post-2014 disposi9 tion of the Afghan Public Protection Force. 

10 (5) SUBMITTAL WITH OTHER REPORTS.—Each 

11 report under paragraph (2) may be submitted as 

12 part of the report on progress toward security and 

13 stability in Afghanistan that is submitted under sec14 tions 1230 and 1231 of the National Defense Au15 thorization Act for Fiscal Year 2008 (Public Law 

16 110–181; 122 Stat. 385, 390). 

17 (e) PLAN FOR USE OF AFGHANISTAN SECURITY

18 FORCES FUND THROUGH FISCAL YEAR 2017.—Not later 

19 than 90 days after the date of the enactment of this Act, 

20 the Secretary of Defense shall submit to the congressional 

21 defense committees a plan for using funds available to the 

22 Department of Defense to provide assistance to the secu23 rity forces of Afghanistan through the Afghanistan Secu24 rity Forces Fund through September 30, 2017. 


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1 (f) AGREEMENTS.—The Secretary of Defense shall 

2 submit to the congressional committees a copy of each 

3 agreement entered into by the United States and Afghani4 stan for services of the Afghan Public Protection Force 

5 for the Department of Defense not later than 30 days 

6 after entry into such agreement. 

7 SEC. 1532. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

8 FUND. 

9 (a) USE AND TRANSFER OF FUNDS.—Subsections 

10 (b) and (c) of section 1514 of the John Warner National 

11 Defense Authorization Act for Fiscal Year 2007 (Public 

12 Law 109–364; 120 Stat. 2439), as in effect before the 

13 amendments made by section 1503 of the Duncan Hunter 

14 National Defense Authorization Act for Fiscal Year 2009 

15 (Public Law 110–417; 122 Stat. 4649), shall apply to the 

16 funds made available to the Department of Defense for 

17 the Joint Improvised Explosive Device Defeat Fund for 

18 fiscal year 2013. In providing prior notice to the congres19 sional defense committees of the obligation of funds from 

20 the Joint Improvised Explosive Device Defeat Fund for 

21 such fiscal year, as required by paragraph (4) of such sub22 section (c), the Secretary of Defense shall include the as23 sociated analysis of alternatives conducted in the process 

24 of taking action to initiate any project for which the total 


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1 obligation of funds from the Fund will exceed 

2 $10,000,000. 

3 (b) MONTHLY OBLIGATIONS AND EXPENDITURE RE4 PORTS.—Not later than 15 days after the end of each 

5 month of fiscal year 2013, the Secretary of Defense shall 

6 provide to the congressional defense committees a report 

7 on the Joint Improvised Explosive Device Defeat Fund ex8 plaining monthly commitments, obligations, and expendi9 tures by line of operation. 

10 (c) INTERDICTION OF IMPROVISED EXPLOSIVE DE11 VICE PRECURSOR CHEMICALS.—

12 (1) AVAILABILITY OF CERTAIN FISCAL YEAR

13 2013 FUNDS.—Of the funds made available to the 

14 Department of Defense for the Joint Improvised Ex15 plosive Device Defeat Fund for fiscal year 2013, 

16 $15,000,000 may be available to the Secretary of 

17 Defense to provide training, equipment, supplies, 

18 and services to ministries and other entities of the 

19 Government of Pakistan that the Secretary has iden20 tified as critical for countering the flow of impro21 vised explosive device precursor chemicals from 

22 Pakistan to locations in Afghanistan. 

23 (2) PROVISION THROUGH OTHER US AGEN24 CIES.—If jointly agreed upon by the Secretary of 

25 Defense and the head of another department or 


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1 agency of the United States Government, the Sec2 retary of Defense may transfer funds available 

3 under paragraph (1) to such department or agency 

4 for the provision by such department or agency of 

5 training, equipment, supplies, and services to min6 istries and other entities of the Government of Paki7 stan as described in that paragraph. 

8 (3) NOTICE TO CONGRESS.—Funds may not be 

9 used under the authority in paragraph (1) until 15 

10 days after the date on which the Secretary of De11 fense submits to the congressional defense commit12 tees a notice—

13 (A) describing the training, equipment, 

14 supplies, and services to be provided using such 

15 funds; and 

16 (B) evaluating the effectiveness of the ef17 forts by the Government of Pakistan to counter 

18 the flow of improvised explosive device pre19 cursor chemicals from Pakistan to locations in 

20 Afghanistan. 

21 (4) EXPIRATION.—The authority provided by 

22 this subsection expires on December 31, 2013. 


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1 SEC. 1533. ONE-YEAR EXTENSION OF PROJECT AUTHORITY 

2 AND RELATED REQUIREMENTS OF TASK 

3 FORCE FOR BUSINESS AND STABILITY OPER4 ATIONS IN AFGHANISTAN. 

5 (a) EXTENSION.—Subsection (a) of section 1535 of 

6 the Ike Skelton National Defense Authorization Act for 

7 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4426), 

8 as amended by section 1534 of the National Defense Au9 thorization Act for Fiscal Year 2012 (Public Law 112–

10 81; 125 Stat. 1658), is further amended—

11 (1) in paragraph (6), by striking ‘‘October 31, 

12 2011, and October 31, 2012’’ and inserting ‘‘Octo13 ber 31, 2011, October 31, 2012, and October 31, 

14 2013’’; and 

15 (2) in paragraph (7)—

16 (A) by striking ‘‘provided in’’ and inserting 

17 ‘‘to obligate funds for projects under’’; and 

18 (B) by striking ‘‘September 30, 2012’’ and 

19 inserting ‘‘September 30, 2013’’. 

20 (b) SCOPE OF PROJECTS.—Paragraph (3) of such 

21 subsection, as so amended, is further amended by striking 

22 ‘‘focus on improving the commercial viability of’’ and in23 serting ‘‘complement’’. 

24 (c) FUNDING.—Paragraph (4) of such subsection, as 

25 so amended, is further amended—


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1 (1) by striking ‘‘The Secretary’’ and inserting 

2 the following: 

3 ‘‘(A) IN GENERAL.—The Secretary’’; 

4 (2) by striking ‘‘The amount’’ and all that fol5 lows through ‘‘appropriate congressional commit6 tees.’’ and inserting the following: 

7 ‘‘(B) LIMITATION.—The amount of funds 

8 obligated under the authority of subparagraph 

9 (A)—

10 ‘‘(i) may not exceed $150,000,000 for 

11 fiscal year 2012, except that not more than 

12 50 percent of such amount of funds may 

13 be obligated until the Secretary of Defense 

14 submits to the appropriate congressional 

15 committees the plan required by subsection 

16 (b); and 

17 ‘‘(ii) may not exceed $93,000,000 for 

18 fiscal year 2013, except that not more than 

19 $50,000,000 of such amount of funds may 

20 be obligated until the Secretary of Defense 

21 submits to the appropriate congressional 

22 committees the report required by para23 graph (7) of this subsection.’’; and 

24 (3) by striking ‘‘The funds’’ and inserting the 

25 following: 


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1 ‘‘(C) AVAILABILITY.—The funds’’. 

2 (d) REPORT ON IMPLEMENTATION OF TRANSITION

3 ACTION PLAN.—Subsection (a) of section 1535 of the Ike 

4 Skelton National Defense Authorization Act for Fiscal 

5 Year 2011, as amended by section 1534 of the National 

6 Defense Authorization Act for Fiscal Year 2012 and as 

7 amended by this section, is further amended—

8 (1) by redesignating paragraph (7) as para9 graph (8); and 

10 (2) by inserting after paragraph (6) the fol11 lowing new paragraph (7): 

12 ‘‘(7) REPORT ON IMPLEMENTATION OF TRANSI13 TION ACTION PLAN.—

14 ‘‘(A) IN GENERAL.—The Secretary of De15 fense, in consultation with the Secretary of 

16 State, shall submit to the appropriate congres17 sional committees a report on the progress in 

18 implementing the Transition Action Plan of the 

19 Task Force for Business and Stability Oper20 ations in Afghanistan. 

21 ‘‘(B) UPDATES.—The Secretary of De22 fense, in consultation with the Secretary of 

23 State, shall submit to the appropriate congres24 sional committees an update of the report reVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01091 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 quired by subparagraph (A) every 90 days after 

2 the submission of such report.’’. 

3 SEC. 1534. PLAN FOR TRANSITION IN FUNDING OF UNITED 

4 STATES SPECIAL OPERATIONS COMMAND 

5 FROM SUPPLEMENTAL FUNDING FOR OVER6 SEAS CONTINGENCY OPERATIONS TO RECUR7 RING FUNDING UNDER THE FUTURE-YEARS 

8 DEFENSE PROGRAM. 

9 Not later than 90 days after the date of the enact10 ment of this Act, the Secretary of Defense shall submit 

11 to the congressional defense committees a plan for the 

12 transition of funding of the United States Special Oper13 ations Command from funds authorized to be appro14 priated for overseas contingency operations (commonly re15 ferred to as the ‘‘overseas contingency operations budget’’) 

16 to funds authorized to be appropriated for recurring oper17 ations of the Department of Defense in accordance with 

18 applicable future-years defense programs under section 

19 221 of title 10, United States Code (commonly referred 

20 to as the ‘‘base budget’’). 


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1 SEC. 1535. ASSESSMENT OF COUNTER-IMPROVISED EXPLO2 SIVE DEVICE TRAINING AND INTELLIGENCE 

3 ACTIVITIES OF THE JOINT IMPROVISED EX4 PLOSIVE DEVICE DEFEAT ORGANIZATION 

5 AND NATIONAL AND MILITARY INTEL6 LIGENCE ORGANIZATIONS. 

7 (a) ASSESSMENT OF TRAINING ACTIVITIES.—

8 (1) ASSESSMENT REQUIRED.—The Secretary of 

9 Defense shall prepare an assessment of the training10 related activities of the Joint Improvised Explosive 

11 Device Defeat Organization (JIEDDO). 

12 (2) ELEMENTS.—The assessment required by 

13 paragraph (1) shall—

14 (A) include all training programs and func15 tions, both enduring and non-enduring, exe16 cuted by the Joint Improvised Explosive Device 

17 Defeat Organization in support of the United 

18 States Armed Forces; 

19 (B) identify any program or function that 

20 is similar to or duplicates other training activi21 ties conducted elsewhere within the Department 

22 of Defense; and 

23 (C) assess the value of maintaining such 

24 similarity or duplication. 

25 (3) CONSULTATION.—The Secretary of Defense 

26 shall prepare the assessment required by paragraph 


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1 (1) in consultation with the Chairman of the Joint 

2 Chiefs of Staff and the other chiefs of staff of the 

3 Armed Forces. 

4 (4) SUBMISSION AND FORM.—Not later than 

5 180 days after the date of the enactment of this Act, 

6 the Secretary of Defense shall submit a report con7 taining the results of the assessment required by 

8 paragraph (1) to the congressional defense commit9 tees. The report shall be submitted in unclassified 

10 form, but may include a classified annex. 

11 (b) ASSESSMENT OF INTELLIGENCE ACTIVITIES.—

12 (1) ASSESSMENT REQUIRED.—The Secretary of 

13 Defense shall prepare an assessment of the intel14 ligence activities carried out in support of the 

15 counter-improvised explosive device mission of the 

16 Department of Defense. 

17 (2) ELEMENTS.—The assessment required by 

18 paragraph (1) shall—

19 (A) consider the activities of the Counter20 Improved Explosive Devise Operations Integra21 tion Center of the Joint Improvised Explosive 

22 Device Defeat Organization, including—

23 (i) identification of all intelligence 

24 analysis programs and functions executed 

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1 vice Operations Integration Center in sup2 port of United States combatant com3 mands and United States military activi4 ties in Afghanistan; 

5 (ii) identification of any program or 

6 function which is duplicated elsewhere in 

7 the intelligence components of the Depart8 ment of Defense or the intelligence com9 munity of the United States; 

10 (iii) an assessment of the value of 

11 maintaining such duplication; and 

12 (iv) identification of any opportunities 

13 to eliminate unnecessary duplication; 

14 (B) consider the activities of the national 

15 and military intelligence communities to counter 

16 improvised explosive devices, including an as17 sessment of—

18 (i) the sufficiency, adequacy, and ef19 fectiveness of these efforts in support of 

20 the commanders of combatant commands; 

21 (ii) the prioritization of collection ef22 forts and resource allocation within the in23 telligence components of the Department 

24 of Defense toward countering improvised 

25 explosive devices; and 


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1 (iii) opportunities for improvement of 

2 these efforts, including how these compo3 nents would support a broader counter im4 provised explosive device effort beyond op5 erations in Afghanistan; and 

6 (C) consider the enduring need for a 

7 Counter-Improvised Explosive Device Oper8 ations Integration Center and, if determined to 

9 be necessary, how this center could be most ef10 ficiently and effectively integrated into the 

11 broader Department of Defense intelligence 

12 community. 

13 (3) CONSULTATION.—The Secretary of Defense 

14 shall prepare the assessment required by paragraph 

15 (1) in consultation with the Director of National In16 telligence and the Chairman of the Joint Chiefs of 

17 Staff. 

18 (4) SUBMISSION AND FORM.—Not later than 

19 180 days after the date of the enactment of this Act, 

20 the Secretary of Defense shall submit a report con21 taining the results of the assessment required by 

22 paragraph (1) to the congressional defense commit23 tees, the Permanent Select Committee on Intel24 ligence of the House of Representatives, and the Se25 lect Committee on Intelligence of the Senate. The reVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01096 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 port shall be submitted in unclassified form, but 

2 may include a classified annex. 

3 TITLE XVI—INDUSTRIAL BASE 

4 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. 


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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.

1 Subtitle A—Defense Industrial 

2 Base Matters 

3 SEC. 1601. DISESTABLISHMENT OF DEFENSE MATERIEL 

4 READINESS BOARD. 

5 (a) DISESTABLISHMENT OF BOARD.—The Defense 

6 Materiel Readiness Board established pursuant to section 

7 871 of the National Defense Authorization Act for Fiscal 

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

9 hereby disestablished. 

10 (b) TERMINATION OF DEFENSE STRATEGIC READI11 NESS FUND.—The Department of Defense Strategic 

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1 tional Defense Authorization Act for Fiscal Year 2008 

2 (Public Law 110–181; 10 U.S.C. 117 note) is hereby 

3 closed. 

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

5 Defense Authorization Act for Fiscal Year 2008 (Public 

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

7 SEC. 1602. ASSESSMENT OF EFFECTS OF FOREIGN BOY8 COTTS. 

9 Section 2505 of title 10, United States Code, is 

10 amended—

11 (1) by redesignating subsection (d) as sub12 section (e); and 

13 (2) by inserting after subsection (c) the fol14 lowing new subsection (d): 

15 ‘‘(d) ASSESSMENT OF EXTENT OF EFFECTS OF FOR16 EIGN BOYCOTTS.—Each assessment under subsection (a) 

17 shall include an examination of the extent to which the 

18 national technology and industrial base is affected by for19 eign boycotts. If it is determined that a foreign boycott 

20 (other than a boycott addressed in a previous assessment) 

21 is subjecting the national technology and industrial base 

22 to significant harm, the assessment shall include a sepa23 rate discussion and presentation regarding that foreign 

24 boycott that shall, at a minimum—


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1 ‘‘(1) identify the sectors that are subject to 

2 such harm; 

3 ‘‘(2) describe the harm resulting from such boy4 cott; and 

5 ‘‘(3) identify actions necessary to minimize the 

6 effects of such boycott on the national technology 

7 and industrial base.’’. 

8 SEC. 1603. NATIONAL SECURITY STRATEGY FOR NATIONAL 

9 TECHNOLOGY AND INDUSTRIAL BASE. 

10 (a) REQUIREMENT FOR STRATEGY.—

11 (1) IN GENERAL.—Section 2501 of title 10, 

12 United States Code, is amended as follows: 

13 (A) The section heading is amended by 

14 striking ‘‘objectives concerning’’ and in15 serting ‘‘strategy for’’. 

16 (B) Subsection (a) is amended—

17 (i) in the subsection heading, by strik18 ing ‘‘OBJECTIVES’’ and inserting ‘‘STRAT19 EGY’’; 

20 (ii) by striking ‘‘It is the policy of’’ 

21 and all that follows through ‘‘objectives:’’ 

22 and inserting the following: ‘‘The Secretary 

23 of Defense shall develop a national security 

24 strategy for the national technology and 

25 industrial base. Such strategy shall be 


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1 based on a prioritized assessment of risks 

2 and challenges to the defense supply chain 

3 and shall ensure that the national tech4 nology and industrial base is capable of 

5 achieving the following national security 

6 objectives:’’; and 

7 (iii) by adding at the end the fol8 lowing new paragraphs: 

9 ‘‘(9) Ensuring reliable sources of materials that 

10 are critical to national security, such as specialty 

11 metals, essential minerals, armor plate, and rare 

12 earth elements. 

13 ‘‘(10) Reducing, to the maximum extent prac14 ticable, the presence of counterfeit parts in the sup15 ply chain and the risk associated with such parts.’’. 

16 (2) CLERICAL AMENDMENT.—The item relating 

17 to section 2501 in the table of sections at the begin18 ning of subchapter II of chapter 148 of such title is 

19 amended to read as follows:

‘‘2501. National security strategy for national technology and industrial base.’’.

20 (b) AMENDMENT TO ANNUAL REPORT RELATING TO

21 DEFENSE INDUSTRIAL BASE.—Section 2504 of such title 

22 is amended—

23 (1) by striking paragraph (2); 

24 (2) by redesignating paragraph (3) as para25 graph (2); and 


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1 (3) by inserting after paragraph (2) (as so re2 designated) the following new paragraph (3): 

3 ‘‘(3) Based on the strategy required by section 

4 2501 of this title and on the assessments prepared 

5 pursuant to section 2505 of this title—

6 ‘‘(A) a description of any mitigation strate7 gies necessary to address any gaps or 

8 vulnerabilities in the national technology and 

9 industrial base; and 

10 ‘‘(B) any other steps necessary to foster 

11 and safeguard the national technology and in12 dustrial base.’’. 

13 (c) REQUIREMENT FOR CONSIDERATION OF STRAT14 EGY IN ACQUISITION PLANS.—Section 2440 of such title 

15 is amended by inserting after ‘‘base’’ the following: ‘‘, in 

16 accordance with the strategy required by section 2501 of 

17 this title,’’. 

18 (d) CONFORMING AMENDMENTS.—Section 852 of the 

19 National Defense Authorization Act for Fiscal Year 2012 

20 (Public Law 112–81; 125 Stat. 1517; 10 U.S.C. 2504 

21 note) is amended—

22 (1) by striking subsection (c); and 

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1 section (c).’’ in the first sentence and inserting ‘‘sec2 tion 2501 of title 10, United States Code.’’. 

3 Subtitle B—Department of Defense 

4 Activities Related to Small Busi5 ness Matters 

6 SEC. 1611. ROLE OF THE DIRECTORS OF SMALL BUSINESS 

7 PROGRAMS IN ACQUISITION PROCESSES OF 

8 THE DEPARTMENT OF DEFENSE. 

9 (a) GUIDANCE REQUIRED.—The Secretary of De10 fense shall develop and issue guidance to ensure that the 

11 head of each Office of Small Business Programs of the 

12 Department of Defense is a participant as early as prac13 ticable in the acquisition processes—

14 (1) of the Department, in the case of the Direc15 tor of Small Business Programs in the Department 

16 of Defense; and 

17 (2) of the military department concerned, in the 

18 case of the Director of Small Business Programs in 

19 the Department of the Army, in the Department of 

20 the Navy, and in the Department of the Air Force. 

21 (b) MATTERS TO BE INCLUDED.—Such guidance 

22 shall, at a minimum—

23 (1) require the Director of Small Business Pro24 grams in the Department of Defense—


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1 (A) to provide advice to the Defense Acqui2 sition Board; and 

3 (B) to provide advice to the Information 

4 Technology Acquisition Board; and 

5 (2) require coordination between the chiefs of 

6 staff of the Armed Forces and the service acquisi7 tion executives, as appropriate (or their designees), 

8 and the Director of Small Business Programs in 

9 each military department as early as practical in the 

10 relevant acquisition processes. 

11 SEC. 1612. SMALL BUSINESS OMBUDSMAN FOR DEFENSE 

12 AUDIT AGENCIES. 

13 (a) SMALL BUSINESS OMBUDSMAN.—Subchapter II 

14 of chapter 8 of title 10, United States Code, is amended 

15 by adding at the end the following new section: 

16 ‘‘§ 204. Small Business Ombudsman for defense audit 

17 agencies 

18 ‘‘(a) SMALL BUSINESS OMBUDSMAN.—The Secretary 

19 of Defense shall designate within each defense audit agen20 cy an official as the Small Business Ombudsman to have 

21 the duties described in subsection (b) and such other re22 sponsibilities as may be determined by the Secretary. 

23 ‘‘(b) DUTIES.—The Small Business Ombudsman of 

24 a defense audit agency shall—


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1 ‘‘(1) advise the Director of the defense audit 

2 agency on policy issues related to small business 

3 concerns; 

4 ‘‘(2) serve as the defense audit agency’s pri5 mary point of contact and source of information for 

6 small business concerns; 

7 ‘‘(3) collect and monitor relevant data regard8 ing the defense audit agency’s conduct of audits of 

9 small business concerns, including—

10 ‘‘(A) data regarding the timeliness of audit 

11 closeouts for small business concerns; and 

12 ‘‘(B) data regarding the responsiveness of 

13 the defense audit agency to issues or other mat14 ters raised by small business concerns; and 

15 ‘‘(4) make recommendations to the Director re16 garding policies, processes, and procedures related to 

17 the timeliness of audits of small business concerns 

18 and the responsiveness of the defense audit agency 

19 to issues or other matters raised by small business 

20 concerns. 

21 ‘‘(c) AUDIT INDEPENDENCE.—The Small Business 

22 Ombudsman of a defense audit agency shall be segregated 

23 from ongoing audits in the field and shall not engage in 

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1 promise the independence of the defense audit agency or 

2 undermine compliance with applicable audit standards. 

3 ‘‘(d) DEFENSE AUDIT AGENCY DEFINED.—In this 

4 section, the term ‘defense audit agency’ means the De5 fense Contract Audit Agency and the Defense Contract 

6 Management Agency.’’. 

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

8 at the beginning of subchapter II of chapter 8 of such 

9 title is amended by inserting after the item relating to sec10 tion 203 the following new item:

‘‘204. Small Business Ombudsman for defense audit agencies.’’.

11 SEC. 1613. INDEPENDENT ASSESSMENT OF FEDERAL PRO12 CUREMENT CONTRACTING PERFORMANCE 

13 OF THE DEPARTMENT OF DEFENSE. 

14 (a) ASSESSMENT REQUIRED.—Not later than 60 

15 days after the date of the enactment of this Act, the Sec16 retary of Defense shall select an appropriate entity to con17 duct an independent assessment of the procurement per18 formance of the Department of Defense related to small 

19 business concerns. 

20 (b) MATTERS COVERED.—The assessment under 

21 subsection (a) shall, at a minimum, include an examina22 tion of—

23 (1) the industrial composition of companies re24 ceiving subcontracts pursuant to the test program 

25 for the negotiation of comprehensive small business 


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1 subcontracting plans pursuant to section 834 of the 

2 National Defense Authorization Act for Fiscal Years 

3 1990 and 1991 (Public Law 101–189; 15 U.S.C. 

4 637 note), compared to the industrial composition of 

5 other contractors in the defense industrial base; 

6 (2) the quality and reliability of data on small 

7 business prime contracting and subcontracting by 

8 the Department, and the reliability of the informa9 tion technology systems that the Department uses to 

10 track such data; 

11 (3) the negotiation and execution of small busi12 ness subcontracting plans, and the degree to which 

13 proposed teaming agreements are or are not main14 tained through the performance of contracts; 

15 (4) the extent to which the Department adheres 

16 to current policies and guidelines relating to small 

17 business prime contracting and subcontracting goals; 

18 (5) the extent to which the Department bun19 dles, consolidates, or otherwise groups requirements 

20 into contracts that are unsuitable for award to small 

21 business concerns, the extent to which such bun22 dling, consolidation, or grouping of requirements is 

23 justified, and the effects that such practices have on 

24 small business participation in contracting opportu25 nities with the Department; 


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1 (6) the degree to which abuses of small busi2 ness contracting and subcontracting programs result 

3 in contracts and subcontracts intended for small 

4 business concerns not being awarded to small busi5 ness concerns; and 

6 (7) an examination of the transition challenges 

7 faced by businesses that graduate from small busi8 ness programs or grow to exceed the size standards 

9 for participation in such programs, along with spe10 cific recommendations on steps that should be taken 

11 to help ensure the continued health and growth of 

12 such businesses. 

13 (c) REPORT.—Not later than January 1, 2014, the 

14 Secretary of Defense shall submit to the congressional de15 fense committees a report on the independent assessment 

16 conducted under this section. The report shall include the 

17 findings and recommendations of the assessment, together 

18 with any recommendations that the Secretary may have 

19 for improving the Department’s small business con20 tracting practices and addressing any shortcomings identi21 fied by the assessment. 


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1 SEC. 1614. ADDITIONAL RESPONSIBILITIES OF INSPECTOR 

2 GENERAL OF THE DEPARTMENT OF DE3 FENSE. 

4 (a) REQUIREMENT FOR EXTERNAL PEER RE5 VIEWS.—Section 8(c) of the Inspector General Act of 

6 1978 (5 U.S.C. App.) is amended—

7 (1) by striking ‘‘and’’ at the end of paragraph 

8 (8); 

9 (2) by striking the period and inserting ‘‘; and’’ 

10 at the end of paragraph (9); and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(10) conduct, or approve arrangements for the 

14 conduct of, external peer reviews of Department of 

15 Defense audit agencies in accordance with and in 

16 such frequency as provided by Government auditing 

17 standards as established by the Comptroller General 

18 of the United States.’’. 

19 (b) REQUIREMENT FOR ADDITIONAL INFORMATION

20 IN SEMIANNUAL REPORTS.—Section 8(f) of such Act is 

21 amended by striking paragraph (1) and inserting the fol22 lowing: 

23 ‘‘(1) Each semiannual report prepared by the Inspec24 tor General of the Department of Defense under section 

25 5(a) shall be transmitted by the Secretary of Defense to 

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1 curity and Governmental Affairs of the Senate and the 

2 Committees on Armed Services and on Oversight and Gov3 ernment Reform of the House of Representatives and to 

4 other appropriate committees or subcommittees of Con5 gress. Each such report shall include—

6 ‘‘(A) information concerning the numbers and 

7 types of contract audits conducted by the Depart8 ment during the reporting period; and 

9 ‘‘(B) information concerning any Department of 

10 Defense audit agency that, during the reporting pe11 riod, has either received a failed opinion from an ex12 ternal peer review or is overdue for an external peer 

13 review required to be conducted in accordance with 

14 subsection (c)(10).’’. 

15 SEC. 1615. RESTORATION OF 1 PERCENT FUNDING FOR AD16 MINISTRATIVE EXPENSES OF COMMER17 CIALIZATION READINESS PROGRAM OF DE18 PARTMENT OF DEFENSE. 

19 (a) RESTORATION.—Section 9(y) of the Small Busi20 ness Act (15 U.S.C. 638(y)), as amended by section 

21 5141(b)(1)(B) of the National Defense Authorization Act 

22 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

23 1853) is amended—

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

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


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1 (2) by inserting after paragraph (3) the fol2 lowing new paragraph (4): 

3 ‘‘(4) FUNDING.—For payment of expenses in4 curred to administer the Commercialization Readi5 ness Program under this subsection, the Secretary 

6 of Defense and each Secretary of a military depart7 ment is authorized to use not more than an amount 

8 equal to 1 percent of the funds available to the De9 partment of Defense or the military department pur10 suant to the Small Business Innovation Research 

11 Program. Such funds shall not be used to make 

12 Phase III awards.’’. 

13 (b) TECHNICAL AMENDMENT.—Section 

14 5141(b)(3)(B) of the National Defense Authorization Act 

15 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

16 1854) is amended by striking ‘‘subsection (y)—’’ and all 

17 that follows through ‘‘the following:’’ and inserting ‘‘sub18 section (y), by amending paragraph (4) to read as fol19 lows:’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect as of January 1, 2012. 


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1 Subtitle C—Matters Relating to 

2 Small Business Concerns 

3 PART I—PROCUREMENT CENTER 

4 REPRESENTATIVES 

5 SEC. 1621. PROCUREMENT CENTER REPRESENTATIVES. 

6 (a) IN GENERAL.—Section 15(l) of the Small Busi7 ness Act (15 U.S.C. 644(l)) is amended by striking the 

8 subsection enumerator and inserting the following: 

9 ‘‘(l) PROCUREMENT CENTER REPRESENTATIVES.—

10 ’’. 

11 (b) ASSIGNMENT AND ROLE.—Paragraph (1) of sec12 tion 15(l) of such Act (15 U.S.C. 644(l)) is amended to 

13 read as follows: 

14 ‘‘(1) ASSIGNMENT AND ROLE.—The Adminis15 trator shall assign to each major procurement center 

16 a procurement center representative with such as17 sistance as may be appropriate.’’. 

18 (c) ACTIVITIES.—Section 15(l)(2) of such Act (15 

19 U.S.C. 644(l)(2)) is amended—

20 (1) in the matter preceding subparagraph (A), 

21 by striking ‘‘(2) In addition to carrying out the re22 sponsibilities assigned by the Administration, a 

23 breakout’’ and inserting the following: 

24 ‘‘(2) ACTIVITIES.—A’’; 

25 (2) in subparagraph (B)—


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1 (A) by striking ‘‘(B) review, at any time, 

2 restrictions on competition’’ and inserting the 

3 following: 

4 ‘‘(B) review, at any time, barriers to small 

5 business participation in Federal contracting’’; 

6 (B) by striking ‘‘items’’ and inserting 

7 ‘‘goods and services’’; and 

8 (C) by striking ‘‘limitations’’ and inserting 

9 ‘‘barriers’’; 

10 (3) in subparagraph (C), by striking ‘‘(C) re11 view restrictions on competition’’ and inserting the 

12 following: 

13 ‘‘(C) review barriers to small business par14 ticipation in Federal contracting’’; 

15 (4) by striking subparagraph (D) and inserting 

16 the following: 

17 ‘‘(D) review any bundled or consolidated 

18 solicitation or contract in accordance with this 

19 Act;’’; 

20 (5) by striking subparagraph (E) and inserting 

21 the following: 

22 ‘‘(E) have access to procurement records 

23 and other data of the procurement center com24 mensurate with the level of such representa25 tive’s approved security clearance classification, 


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1 with such data provided upon request in elec2 tronic format, when available;’’; and 

3 (6) by striking subparagraphs (F) and (G) and 

4 inserting the following: 

5 ‘‘(F) receive unsolicited proposals from 

6 small business concerns and transmit such pro7 posals to personnel of the activity responsible 

8 for reviewing such proposals, who shall furnish 

9 the procurement center representative with in10 formation regarding the disposition of any such 

11 proposal; 

12 ‘‘(G) consult with the Director the Office 

13 of Small and Disadvantaged Business Utiliza14 tion of that agency and the agency personnel 

15 described in paragraph (7) and (8) of sub16 section (k) with regard to agency insourcing de17 cisions covered by subsection (k)(11); 

18 ‘‘(H) be an advocate for the maximum 

19 practicable utilization of small business con20 cerns in Federal contracting, including by advo21 cating against the consolidation or bundling of 

22 contract requirements when not justified; and 

23 ‘‘(I) carry out any other responsibility as24 signed by the Administrator.’’. 


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1 (d) APPEALS.—Section 15(l)(3) of such Act (15 

2 U.S.C. 644(l)(3)) is amended by striking ‘‘(3) A breakout 

3 procurement center representative’’ and inserting the fol4 lowing: 

5 ‘‘(3) APPEALS.—A procurement center rep6 resentative’’. 

7 (e) ASSIGNMENT TO MAJOR PROCUREMENT CEN8 TERS.—Paragraph (4) of section 15(l) of such Act (15 

9 U.S.C. 644(l)) is amended by striking ‘‘breakout procure10 ment center representative’’ and inserting ‘‘procurement 

11 center representative’’. 

12 (f) POSITION REQUIREMENTS.—Section 15(l)(5) of 

13 such Act (15 U.S.C. 644(l)(5)) is amended—

14 (1) by striking the paragraph enumerator and 

15 inserting the following: 

16 ‘‘(5) POSITION REQUIREMENTS.—’’; 

17 (2) by striking subparagraphs (A) and (B) and 

18 inserting the following: 

19 ‘‘(A) IN GENERAL.—A procurement center 

20 representative assigned under this subsection 

21 shall—

22 ‘‘(i) be a full-time employee of the Ad23 ministration; 

24 ‘‘(ii) be fully qualified, technically 

25 trained, and familiar with the goods and 


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1 services procured by the major procure2 ment center to which that representative is 

3 assigned; and 

4 ‘‘(iii) have a Level III Federal Acqui5 sition Certification in Contracting (or any 

6 successor certification) or the equivalent 

7 Department of Defense certification, ex8 cept that any person serving in such a po9 sition on the date of enactment of this 

10 clause may continue to serve in that posi11 tion for a period of 5 years without the re12 quired certification.’’; and 

13 (3) in subparagraph (C) by striking ‘‘(C) The 

14 Administration shall establish personnel positions for 

15 breakout procurement representatives and advisers 

16 assigned pursuant to’’ and inserting the following: 

17 ‘‘(B) COMPENSATION.—The Administrator 

18 shall establish personnel positions for procure19 ment center representatives assigned under’’. 

20 (g) MAJOR PROCUREMENT CENTER DEFINED.—Sec21 tion 15(l)(6) of such Act (15 U.S.C. 644(l)(6)) is amend22 ed—

23 (1) by striking ‘‘(6) For purposes’’ and insert24 ing the following: 


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1 ‘‘(6) MAJOR PROCUREMENT CENTER DE2 FINED.—For purposes’’; and 

3 (2) by striking ‘‘other than commercial items 

4 and which has the potential to incur significant sav5 ings as the result of the placement of a breakout 

6 procurement center representative’’ and inserting 

7 ‘‘goods or services, including goods or services that 

8 are commercially available’’. 

9 (h) TRAINING.—Section 15(l)(7) of such Act (15 

10 U.S.C. 644(l)(7)) is amended—

11 (1) by striking the paragraph enumerator and 

12 inserting the following: 

13 ‘‘(7) TRAINING.—’’; 

14 (2) in subparagraph (A) by striking ‘‘(A) At 

15 such times’’ and inserting the following: 

16 ‘‘(A) AUTHORIZATION.—At such times’’. 

17 (3) in subparagraph (B)—

18 (A) by striking ‘‘(B) The breakout pro19 curement center representative’’ and inserting 

20 the following: 

21 ‘‘(8) ANNUAL BRIEFING AND REPORT.—A pro22 curement center representative’’; and 

23 (B) by striking ‘‘sixty’’ and inserting ‘‘60’’; 

24 and 


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1 (4) by inserting after subparagraph (A) the fol2 lowing: 

3 ‘‘(B) LIMITATION.—A procurement center 

4 representative may provide training under sub5 paragraph (A) only to the extent that the train6 ing does not interfere with the representative 

7 carrying out other activities under this sub8 section.’’. 

9 SEC. 1622. SMALL BUSINESS ACT CONTRACTING REQUIRE10 MENTS TRAINING. 

11 (a) ESTABLISHMENT.—Not later than 1 year after 

12 the date of enactment of this part, the Defense Acquisition 

13 University and the Federal Acquisition Institute shall each 

14 provide a course on contracting requirements under the 

15 Small Business Act, including the requirements for small 

16 business concerns owned and controlled by service-disabled 

17 veterans, qualified HUBZone small business concerns, 

18 small business concerns owned and controlled by socially 

19 and economically disadvantaged individuals, and small 

20 business concerns owned and controlled by women. 

21 (b) COURSE REQUIRED.—To have a Federal Acquisi22 tion Certification in Contracting (or any successor certifi23 cation) or the equivalent Department of Defense certifi24 cation an individual shall be required to complete the 

25 course established under subsection (a). 


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1 (c) REQUIREMENT THAT BUSINESS OPPORTUNITY

2 SPECIALISTS BE CERTIFIED.—Section 7(j)(10)(D)(i) of 

3 the Small Business Act (15 U.S.C. 636(j)(10)(D)(i)) is 

4 amended by inserting after ‘‘to assist such Program Par5 ticipant.’’ the following: ‘‘The Business Opportunity Spe6 cialist shall have a Level I Federal Acquisition Certifi7 cation in Contracting (or any successor certification) or 

8 the equivalent Department of Defense certification, except 

9 that a Business Opportunity Specialist serving at the time 

10 of the date of enactment of the National Defense Author11 ization Act for Fiscal Year 2013 may continue to serve 

12 as a Business Opportunity Specialist for a period of 5 

13 years beginning on that date of enactment without such 

14 a certification.’’. 

15 SEC. 1623. ACQUISITION PLANNING. 

16 Section 15(e)(1) of the Small Business Act (15 

17 U.S.C. 644(e)(1)) is amended—

18 (1) by striking ‘‘the various agencies’’ and in19 serting ‘‘a Federal department or agency’’; and 

20 (2) by striking the period and inserting ‘‘, and 

21 each such Federal department or agency shall—

22 ‘‘(A) provide opportunities for the partici23 pation of small business concerns during acqui24 sition planning processes and in acquisition 

25 plans; and 


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1 ‘‘(B) invite the participation of the appro2 priate Director of Small and Disadvantaged 

3 Business Utilization in acquisition planning 

4 processes and provide that Director access to 

5 acquisition plans.’’. 

6 PART II—GOALS FOR PROCUREMENT CON7 TRACTS AWARDED TO SMALL BUSINESS 

8 CONCERNS 

9 SEC. 1631. GOALS FOR PROCUREMENT CONTRACTS AWARD10 ED TO SMALL BUSINESS CONCERNS. 

11 (a) GOVERNMENTWIDE GOALS.—Paragraph (1) of 

12 section 15(g) of the Small Business Act (15 U.S.C. 

13 644(g)) is amended to read as follows: 

14 ‘‘(1) GOVERNMENTWIDE GOALS.—

15 ‘‘(A) ESTABLISHMENT.—The President 

16 shall annually establish Governmentwide goals 

17 for procurement contracts awarded to small 

18 business concerns, small business concerns 

19 owned and controlled by service-disabled vet20 erans, qualified HUBZone small business con21 cerns, small business concerns owned and con22 trolled by socially and economically disadvan23 taged individuals, and small business concerns 

24 owned and controlled by women in accordance 

25 with the following: 


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1 ‘‘(i) The Governmentwide goal for 

2 participation by small business concerns 

3 shall be established at not less than 23 

4 percent of the total value of all prime con5 tract awards for each fiscal year. 

6 ‘‘(ii) The Governmentwide goal for 

7 participation by small business concerns 

8 owned and controlled by service-disabled 

9 veterans shall be established at not less 

10 than 3 percent of the total value of all 

11 prime contract and subcontract awards for 

12 each fiscal year. 

13 ‘‘(iii) The Governmentwide goal for 

14 participation by qualified HUBZone small 

15 business concerns shall be established at 

16 not less than 3 percent of the total value 

17 of all prime contract and subcontract 

18 awards for each fiscal year. 

19 ‘‘(iv) The Governmentwide goal for 

20 participation by small business concerns 

21 owned and controlled by socially and eco22 nomically disadvantaged individuals shall 

23 be established at not less than 5 percent of 

24 the total value of all prime contract and 

25 subcontract awards for each fiscal year. 


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1 ‘‘(v) The Governmentwide goal for 

2 participation by small business concerns 

3 owned and controlled by women shall be 

4 established at not less than 5 percent of 

5 the total value of all prime contract and 

6 subcontract awards for each fiscal year. 

7 ‘‘(B) ACHIEVEMENT OF GOVERNMENTWIDE

8 GOALS.—Each agency shall have an annual goal 

9 that presents, for that agency, the maximum 

10 practicable opportunity for small business con11 cerns, small business concerns owned and con12 trolled by service-disabled veterans, qualified 

13 HUBZone small business concerns, small busi14 ness concerns owned and controlled by socially 

15 and economically disadvantaged individuals, and 

16 small business concerns owned and controlled 

17 by women to participate in the performance of 

18 contracts let by such agency. The Small Busi19 ness Administration and the Administrator for 

20 Federal Procurement Policy shall, when exer21 cising their authority pursuant to paragraph 

22 (2), insure that the cumulative annual prime 

23 contract goals for all agencies meet or exceed 

24 the annual Governmentwide prime contract goal 


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1 established by the President pursuant to this 

2 paragraph.’’. 

3 (b) AMENDMENTS TO THE SMALL BUSINESS ACT.—

4 Paragraph (2) of section 15(g) of the Small Business Act 

5 (15 U.S.C. 644(g)) is amended—

6 (1) in subparagraph (A), by adding at the end 

7 the following: ‘‘Such goals shall separately address 

8 prime contract awards and subcontract awards for 

9 each category of small business covered.’’; 

10 (2) in subparagraph (D), by striking ‘‘For the 

11 purpose of establishing goals under this subsection’’ 

12 and all that follows through the end of that subpara13 graph, and inserting the following: ‘‘After estab14 lishing goals under this paragraph for a fiscal year, 

15 the head of each Federal agency shall develop a plan 

16 for achieving such goals at both the prime contract 

17 and the subcontract level, which shall apportion re18 sponsibilities among the agency’s acquisition execu19 tives and officials. In establishing goals under this 

20 paragraph, the head of each Federal agency shall 

21 make a consistent effort to annually expand partici22 pation by small business concerns from each indus23 try category in procurement contracts and sub24 contracts of such agency, including participation by 

25 small business concerns owned and controlled by 


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1 service-disabled veterans, qualified HUBZone small 

2 business concerns, small business concerns owned 

3 and controlled by socially and economically disadvan4 taged individuals, and small business concerns 

5 owned and controlled by women.’’; and 

6 (3) by striking subparagraphs (E) and (F) and 

7 inserting the following: 

8 ‘‘(E) The head of each Federal agency, in 

9 attempting to attain expanded participation 

10 under subparagraph (D), shall consider—

11 ‘‘(i) contracts awarded as the result of 

12 unrestricted competition; and 

13 ‘‘(ii) contracts awarded after competi14 tion restricted to eligible small business 

15 concerns under this section and under the 

16 program established under section 8(a). 

17 ‘‘(F)(i) Each procurement employee or 

18 program manager described in clause (ii) shall 

19 communicate to the subordinates of the pro20 curement employee or program manager the im21 portance of achieving goals established under 

22 subparagraph (A). 

23 ‘‘(ii) A procurement employee or program 

24 manager described in this clause is a senior 

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1 ager, or Director of Small and Disadvantaged 

2 Business Utilization of a Federal agency having 

3 contracting authority.’’. 

4 (c) ADDITIONAL REQUIREMENTS.—Not later than 

5 180 days after the date of the enactment of this part, the 

6 Administrator of the Small Business Administration shall 

7 review and revise the Goaling Guidelines for the Small 

8 Business Preference Programs for Prime and Subcontract 

9 Federal Procurement Goals and Achievements to the ex10 tent necessary to ensure that—

11 (1) agency subcontracting goals are established 

12 on the basis of realistically achievable improvements 

13 to levels of subcontracting rather than on the basis 

14 of an average of previous years’ subcontracting per15 formance; 

16 (2) agency contracting and subcontracting goals 

17 are established in a manner that does not exclude 

18 categories of contracts on the basis of—

19 (A) the type of goods or services for which 

20 the agency contracts; 

21 (B) in the case of contracts subject to 

22 competitive procedures under chapter 33 of title 

23 41, United States Code—

24 (i) whether or not funding for the 

25 contracts is made directly available to the 


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1 agency by an Appropriations Act or is 

2 made available by reimbursement from an3 other agency or account; or 

4 (ii) whether or not the contract is sub5 ject to the Federal Acquisition Regulation; 

6 and 

7 (3) whenever an agency contracting or subcon8 tracting goal is established at a level lower than the 

9 Governmentwide goal for small business concerns or 

10 the relevant category of small business concerns, the 

11 Administration is required to document the basis for 

12 the decision to establish such lower goal. 

13 (d) ASSESSMENT REQUIRED.—Not later than 60 

14 days after the date of the enactment of this part, the Chief 

15 Counsel for Advocacy of the Small Business Administra16 tion shall enter into a contract with an appropriate entity 

17 to conduct an independent assessment of the small busi18 ness procurement goals established in section 15(g) of the 

19 Small Business Act. 

20 (1) COORDINATION WITH DEPARTMENT OF DE21 FENSE.—To the extent practicable, the Adminis22 trator shall coordinate this assessment with the Sec23 retary of Defense, to avoid unnecessary duplication 

24 with the assessment required by section 1613 of this 

25 title. 


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1 (2) MATTERS COVERED.—The assessment 

2 under this subsection shall, at a minimum, include—

3 (A) a description of the industrial composi4 tion of companies receiving prime contracts and 

5 subcontracts with the Federal Government; 

6 (B) a description of the industrial composi7 tion of domestic small business concerns, small 

8 business concerns owned and controlled by serv9 ice-disabled veterans, qualified HUBZone small 

10 business concerns, small business concerns 

11 owned and controlled by socially and economi12 cally disadvantaged individuals, and small busi13 ness concerns owned and controlled by women; 

14 (C) a comparison of the industrial com15 position of prime contractors and subcontrac16 tors participating in Federal contracting and 

17 the industrial composition of domestic small 

18 business concerns, small business concerns 

19 owned and controlled by service-disabled vet20 erans, qualified HUBZone small business con21 cerns, small business concerns owned and con22 trolled by socially and economically disadvan23 taged individuals, and small business concerns 

24 owned and controlled by women; 


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1 (D) a determination of barriers to accu2 rately capturing data on small business prime 

3 contracting and subcontracting, including an 

4 examination of the reliability of information 

5 technology systems used by more than one Fed6 eral agency to track such data; 

7 (E) recommendations for improving the 

8 quality and availability of data regarding small 

9 business prime contracting and subcontracting 

10 performance; 

11 (F) recommendations to improve and in12 form the establishment of the goals in section 

13 15(g) of the Small Business Act, including: 

14 (i) alternate methodologies for estab15 lishing the goals; 

16 (ii) determining which contracts 

17 should be subject to the goals; 

18 (iii) methods for improving the cor19 relation of current goaling practices with 

20 the health of the industrial base; and 

21 (iv) methods of allocating goals be22 tween Federal agencies; and 

23 (G) barriers within Federal procurement 

24 practices that inhibit the maximum practicable 

25 utilization of domestic small business concerns, 


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1 small business concerns owned and controlled 

2 by service-disabled veterans, qualified 

3 HUBZone small business concerns, small busi4 ness concerns owned and controlled by socially 

5 and economically disadvantaged individuals, and 

6 small business concerns owned and controlled 

7 by women. 

8 SEC. 1632. REPORTING ON GOALS FOR PROCUREMENT 

9 CONTRACTS AWARDED TO SMALL BUSINESS 

10 CONCERNS. 

11 Subsection (h) of section 15 of the Small Business 

12 Act (15 U.S.C. 644) is amended to read as follows: 

13 ‘‘(h) REPORTING ON GOALS FOR PROCUREMENT

14 CONTRACTS AWARDED TO SMALL BUSINESS CON15 CERNS.—

16 ‘‘(1) AGENCY REPORTS.—At the conclusion of 

17 each fiscal year, the head of each Federal agency 

18 shall submit to the Administrator a report describ19 ing—

20 ‘‘(A) the extent of the participation by 

21 small business concerns, small business con22 cerns owned and controlled by veterans (includ23 ing service-disabled veterans), qualified 

24 HUBZone small business concerns, small busi25 ness concerns owned and controlled by socially 


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1 and economically disadvantaged individuals, and 

2 small business concerns owned and controlled 

3 by women in the procurement contracts of such 

4 agency during such fiscal year; 

5 ‘‘(B) whether the agency achieved the 

6 goals established for the agency under sub7 section (g)(2) with respect to such fiscal year; 

8 and 

9 ‘‘(C) any justifications for a failure to 

10 achieve such goals. 

11 ‘‘(2) REPORTS BY ADMINISTRATOR.—Not later 

12 than 60 days after receiving a report from each Fed13 eral agency under paragraph (1) with respect to a 

14 fiscal year, the Administrator shall submit to the 

15 President and Congress, and to make available on a 

16 public Web site, a report that includes—

17 ‘‘(A) a copy of each report submitted to 

18 the Administrator under paragraph (1); 

19 ‘‘(B) a determination of whether each goal 

20 established by the President under subsection 

21 (g)(1) for such fiscal year was achieved; 

22 ‘‘(C) a determination of whether each goal 

23 established by the head of a Federal agency 

24 under subsection (g)(2) for such fiscal year was 

25 achieved; 


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1 ‘‘(D) the reasons for any failure to achieve 

2 a goal established under paragraph (1) or (2) 

3 of subsection (g) for such fiscal year and a de4 scription of actions planned by the applicable 

5 agency to address such failure, including the 

6 Administrator’s comments and recommenda7 tions on the proposed remediation plan; and 

8 ‘‘(E) for the Federal Government and each 

9 Federal agency, an analysis of the number and 

10 dollar amount of prime contracts awarded dur11 ing such fiscal year to—

12 ‘‘(i) small business concerns—

13 ‘‘(I) in the aggregate; 

14 ‘‘(II) through sole source con15 tracts; 

16 ‘‘(III) through competitions re17 stricted to small business concerns; 

18 and 

19 ‘‘(IV) through unrestricted com20 petition; 

21 ‘‘(ii) small business concerns owned 

22 and controlled by service-disabled vet23 erans—

24 ‘‘(I) in the aggregate; 


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1 ‘‘(II) through sole source con2 tracts; 

3 ‘‘(III) through competitions re4 stricted to small business concerns; 

5 ‘‘(IV) through competitions re6 stricted to small business concerns 

7 owned and controlled by service-dis8 abled veterans; and 

9 ‘‘(V) through unrestricted com10 petition; 

11 ‘‘(iii) qualified HUBZone small busi12 ness concerns—

13 ‘‘(I) in the aggregate; 

14 ‘‘(II) through sole source con15 tracts; 

16 ‘‘(III) through competitions re17 stricted to small business concerns; 

18 ‘‘(IV) through competitions re19 stricted to qualified HUBZone small 

20 business concerns; 

21 ‘‘(V) through unrestricted com22 petition where a price evaluation pref23 erence was used; and 


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1 ‘‘(VI) through unrestricted com2 petition where a price evaluation pref3 erence was not used; 

4 ‘‘(iv) small business concerns owned 

5 and controlled by socially and economically 

6 disadvantaged individuals—

7 ‘‘(I) in the aggregate; 

8 ‘‘(II) through sole source con9 tracts; 

10 ‘‘(III) through competitions re11 stricted to small business concerns; 

12 ‘‘(IV) through competitions re13 stricted to small business concerns 

14 owned and controlled by socially and 

15 economically disadvantaged individ16 uals; 

17 ‘‘(V) through unrestricted com18 petition; and 

19 ‘‘(VI) by reason of that concern’s 

20 certification as a small business 

21 owned and controlled by socially and 

22 economically disadvantaged individ23 uals; 

24 ‘‘(v) small business concerns owned by 

25 an Indian tribe (as such term is defined in 


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1 section 8(a)(13)) other than an Alaska Na2 tive Corporation—

3 ‘‘(I) in the aggregate; 

4 ‘‘(II) through sole source con5 tracts; 

6 ‘‘(III) through competitions re7 stricted to small business concerns; 

8 ‘‘(IV) through competitions re9 stricted to small business concerns 

10 owned and controlled by socially and 

11 economically disadvantaged individ12 uals; and 

13 ‘‘(V) through unrestricted com14 petition; 

15 ‘‘(vi) small business concerns owned 

16 by a Native Hawaiian Organization—

17 ‘‘(I) in the aggregate; 

18 ‘‘(II) through sole source con19 tracts; 

20 ‘‘(III) through competitions re21 stricted to small business concerns; 

22 ‘‘(IV) through competitions re23 stricted to small business concerns 

24 owned and controlled by socially and 


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1 economically disadvantaged individ2 uals; and 

3 ‘‘(V) through unrestricted com4 petition; 

5 ‘‘(vii) small business concerns owned 

6 by an Alaska Native Corporation—

7 ‘‘(I) in the aggregate; 

8 ‘‘(II) through sole source con9 tracts; 

10 ‘‘(III) through competitions re11 stricted to small business concerns; 

12 ‘‘(IV) through competitions re13 stricted to small business concerns 

14 owned and controlled by socially and 

15 economically disadvantaged individ16 uals; and 

17 ‘‘(V) through unrestricted com18 petition; and 

19 ‘‘(viii) small business concerns owned 

20 and controlled by women—

21 ‘‘(I) in the aggregate; 

22 ‘‘(II) through competitions re23 stricted to small business concerns; 


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1 ‘‘(III) through competitions re2 stricted using the authority under sec3 tion 8(m)(2); 

4 ‘‘(IV) through competitions re5 stricted using the authority under sec6 tion 8(m)(2) and in which the waiver 

7 authority under section 8(m)(3) was 

8 used; and 

9 ‘‘(V) through unrestricted com10 petition; and 

11 ‘‘(F) for the Federal Government, the 

12 number, dollar amount, and distribution with 

13 respect to the North American Industry Classi14 fication System of subcontracts awarded during 

15 such fiscal year to small business concerns, 

16 small business concerns owned and controlled 

17 by service-disabled veterans, qualified 

18 HUBZone small business concerns, small busi19 ness concerns owned and controlled by socially 

20 and economically disadvantaged individuals, and 

21 small business concerns owned and controlled 

22 by women, provided that such information is 

23 publicly available through data systems devel24 oped pursuant to the Federal Funding Account25 ability and Transparency Act of 2006 (Public 


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1 Law 109–282), or otherwise available as pro2 vided in paragraph (3). 

3 ‘‘(3) ACCESS TO DATA.—

4 ‘‘(A) FEDERAL PROCUREMENT DATA SYS5 TEM.—To assist in the implementation of this 

6 section, the Administration shall have access to 

7 information collected through the Federal Pro8 curement Data System, Federal Subcontracting 

9 Reporting System, or any new or successor sys10 tem. 

11 ‘‘(B) AGENCY PROCUREMENT DATA

12 SOURCES.—To assist in the implementation of 

13 this section, the head of each contracting agen14 cy shall provide, upon request of the Adminis15 tration, procurement information collected 

16 through agency data collection sources in exist17 ence at the time of the request. Contracting 

18 agencies shall not be required to establish new 

19 data collection systems to provide such data.’’. 

20 SEC. 1633. SENIOR EXECUTIVES. 

21 (a) TRAINING.—Programs established for the devel22 opment of senior executives under section 3396(a) of title 

23 5, United States Code, shall include training with respect 

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1 tracting requirements under the Small Business Act (15 

2 U.S.C. 631 et seq.). 

3 (b) RESPONSIBILITY FOR ACHIEVING SMALL BUSI4 NESS GOALS.—The head of an agency shall take steps to 

5 ensure that members of the senior executive service, as 

6 defined under section 3396(a) of title 5, United States 

7 Code, responsible for acquisition, other senior officials re8 sponsible for acquisition, and other members of the senior 

9 executive service, as appropriate, assume responsibility for 

10 of the agency’s success in achieving small business con11 tracting goals and percentages by—

12 (1) promoting a climate or environment that is 

13 responsive to small business concerns; 

14 (2) communicating the importance of achieving 

15 the agency’s small business contracting goals; and 

16 (3) encouraging small business awareness, out17 reach, and support. 

18 (c) DEFINITIONS.—In this section the term ‘‘respon19 sible for acquisition’’, with respect to a member of the sen20 ior executive service or other senior official, means such 

21 a member or official who acquires services or supplies, di22 rects agency organizations to acquire services or supplies, 

23 oversees acquisition officials, including program managers, 

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1 sonnel responsible for formulating and approving acquisi2 tion strategies and plans. 

3 PART III—MENTOR-PROTEGE PROGRAMS 

4 SEC. 1641. MENTOR-PROTEGE PROGRAMS. 

5 The Small Business Act (15 U.S.C. 631 et seq.) is 

6 amended—

7 (1) by redesignating section 45 as section 47; 

8 and 

9 (2) by inserting after section 44 the following: 

10 ‘‘SEC. 45. MENTOR-PROTEGE PROGRAMS. 

11 ‘‘(a) ADMINISTRATION PROGRAM.—

12 ‘‘(1) AUTHORITY.—The Administrator is au13 thorized to establish a mentor-protege program for 

14 all small business concerns. 

15 ‘‘(2) MODEL FOR PROGRAM.—The mentor-pro16 tege program established under paragraph (1) shall 

17 be identical to the mentor-protege program of the 

18 Administration for small business concerns that par19 ticipate in the program under section 8(a) (as in ef20 fect on the date of enactment of this section), except 

21 that the Administrator may modify the program to 

22 the extent necessary given the types of small busi23 ness concerns included as proteges. 

24 ‘‘(b) PROGRAMS OF OTHER AGENCIES.—


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1 ‘‘(1) APPROVAL REQUIRED.—Except as pro2 vided in paragraph (4), a Federal department or 

3 agency may not carry out a mentor-protege program 

4 for small business concerns unless—

5 ‘‘(A) the head of the department or agency 

6 submits a plan to the Administrator for the 

7 program; and 

8 ‘‘(B) the Administrator approves such 

9 plan. 

10 ‘‘(2) BASIS FOR APPROVAL.—The Adminis11 trator shall approve or disapprove a plan submitted 

12 under paragraph (1) based on whether the program 

13 proposed—

14 ‘‘(A) will assist proteges to compete for 

15 Federal prime contracts and subcontracts; and 

16 ‘‘(B) complies with the regulations issued 

17 under paragraph (3). 

18 ‘‘(3) REGULATIONS.—Not later than 270 days 

19 after the date of enactment of this section, the Ad20 ministrator shall issue, subject to notice and com21 ment, regulations with respect to mentor-protege 

22 programs, which shall ensure that such programs 

23 improve the ability of proteges to compete for Fed24 eral prime contracts and subcontracts and which 

25 shall address, at a minimum, the following: 


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1 ‘‘(A) Eligibility criteria for program par2 ticipants, including any restrictions on the num3 ber of mentor-protege relationships permitted 

4 for each participant. 

5 ‘‘(B) The types of developmental assistance 

6 to be provided by mentors, including how the 

7 assistance provided shall improve the competi8 tive viability of the proteges. 

9 ‘‘(C) Whether any developmental assist10 ance provided by a mentor may affect the sta11 tus of a program participant as a small busi12 ness concern due to affiliation. 

13 ‘‘(D) The length of mentor-protege rela14 tionships. 

15 ‘‘(E) The effect of mentor-protege relation16 ships on contracting. 

17 ‘‘(F) Benefits that may accrue to a mentor 

18 as a result of program participation. 

19 ‘‘(G) Reporting requirements during pro20 gram participation. 

21 ‘‘(H) Postparticipation reporting require22 ments. 

23 ‘‘(I) The need for a mentor-protege pair, if 

24 accepted to participate as a pair in a mentor25 protege program of any Federal department or 


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1 agency, to be accepted to participate as a pair 

2 in all Federal mentor-protege programs. 

3 ‘‘(J) Actions to be taken to ensure benefits 

4 for proteges and to protect a protege against 

5 actions by a mentor that—

6 ‘‘(i) may adversely affect the protege’s 

7 status as a small business concern; or 

8 ‘‘(ii) provide disproportionate eco9 nomic benefits to the mentor relative to 

10 those provided the protege. 

11 ‘‘(4) LIMITATION ON APPLICABILITY.—Para12 graph (1) does not apply to the following: 

13 ‘‘(A) Any mentor-protege program of the 

14 Department of Defense. 

15 ‘‘(B) Any mentoring assistance provided 

16 under a Small Business Innovation Research 

17 Program or a Small Business Technology 

18 Transfer Program. 

19 ‘‘(C) Until the date that is 1 year after the 

20 date on which the Administrator issues regula21 tions under paragraph (3), any Federal depart22 ment or agency operating a mentor-protege pro23 gram in effect on the date of enactment of this 

24 section. 

25 ‘‘(c) REPORTING.—


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1 ‘‘(1) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of this section, and an3 nually thereafter, the Administrator shall submit to 

4 the Committee on Small Business of the House of 

5 Representatives and the Committee on Small Busi6 ness and Entrepreneurship of the Senate a report 

7 that—

8 ‘‘(A) identifies each Federal mentor-pro9 tege program; 

10 ‘‘(B) specifies the number of participants 

11 in each such program, including the number of 

12 participants that are—

13 ‘‘(i) small business concerns; 

14 ‘‘(ii) small business concerns owned 

15 and controlled by service-disabled veterans; 

16 ‘‘(iii) qualified HUBZone small busi17 ness concerns; 

18 ‘‘(iv) small business concerns owned 

19 and controlled by socially and economically 

20 disadvantaged individuals; or 

21 ‘‘(v) small business concerns owned 

22 and controlled by women; 

23 ‘‘(C) describes the type of assistance pro24 vided to proteges under each such program; 


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1 ‘‘(D) describes the benefits provided to 

2 mentors under each such program; and 

3 ‘‘(E) describes the progress of proteges 

4 under each such program with respect to com5 peting for Federal prime contracts and sub6 contracts. 

7 ‘‘(2) PROVISION OF INFORMATION.—The head 

8 of each Federal department or agency carrying out 

9 a mentor-protege program shall provide to the Ad10 ministrator, on an annual basis, the information nec11 essary for the Administrator to submit a report re12 quired under paragraph (1). 

13 ‘‘(d) DEFINITIONS.—In this section, the following 

14 definitions apply: 

15 ‘‘(1) MENTOR.—The term ‘mentor’ means a 

16 for-profit business concern, of any size, that—

17 ‘‘(A) has the ability to assist and commits 

18 to assisting a protege to compete for Federal 

19 prime contracts and subcontracts; and 

20 ‘‘(B) satisfies any other requirements im21 posed by the Administrator. 

22 ‘‘(2) MENTOR-PROTEGE PROGRAM.—The term 

23 ‘mentor-protege program’ means a program that 

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1 sisting the protege to compete for Federal prime 

2 contracts and subcontracts. 

3 ‘‘(3) PROTEGE.—The term ‘protege’ means a 

4 small business concern that—

5 ‘‘(A) is eligible to enter into Federal prime 

6 contracts and subcontracts; and 

7 ‘‘(B) satisfies any other requirements im8 posed by the Administrator. 

9 ‘‘(e) CURRENT MENTOR PROTEGE AGREEMENTS.—

10 Mentors and proteges with approved agreement in a pro11 gram operating pursuant to subsection (b)(4)(C) shall be 

12 permitted to continue their relationship according to the 

13 terms specified in their agreement until the expiration 

14 date specified in the agreement. 

15 ‘‘(f) SUBMISSION OF AGENCY PLANS.—Agencies op16 erating mentor protege programs pursuant to subsection 

17 (b)(4)(C) shall submit the plans specified in subsection 

18 (b)(1)(A) to the Administrator within 6 months of the pro19 mulgation of rules required by subsection (b)(3). The Ad20 ministrator shall provide initial comments on each plan 

21 within 60 days of receipt, and final approval or denial of 

22 each plan within 180 days after receipt.’’. 


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1 PART IV—TRANSPARENCY IN SUBCONTRACTING 

2 SEC. 1651. LIMITATIONS ON SUBCONTRACTING. 

3 The Small Business Act (15 U.S.C. 631 et seq.) is 

4 amended by inserting before section 47 (as redesignated 

5 by section 1641 of this subtitle) the following: 

6 ‘‘SEC. 46. LIMITATIONS ON SUBCONTRACTING. 

7 ‘‘(a) IN GENERAL.—If awarded a contract under sec8 tion 8(a), 8(m), 15(a), 31, or 36, a covered small business 

9 concern—

10 ‘‘(1) in the case of a contract for services, may 

11 not expend on subcontractors more than 50 percent 

12 of the amount paid to the concern under the con13 tract; 

14 ‘‘(2) in the case of a contract for supplies 

15 (other than from a regular dealer in such supplies), 

16 may not expend on subcontractors more than 50 

17 percent of the amount, less the cost of materials, 

18 paid to the concern under the contract; 

19 ‘‘(3) in the case of a contract described in para20 graphs (1) and (2)—

21 ‘‘(A) shall determine for which category, 

22 services (as described in paragraph (1)) or sup23 plies (as described in paragraph (2)), the great24 est percentage of the contract is awarded; 


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1 ‘‘(B) shall determine the amount awarded 

2 under the contract for that category of services 

3 or supplies; and 

4 ‘‘(C) may not expend on subcontractors, 

5 with respect to the amount determined under 

6 subparagraph (B), more than 50 percent of 

7 that amount; and 

8 ‘‘(4) in the case of a contract for supplies from 

9 a regular dealer in such supplies, shall supply the 

10 product of a domestic small business manufacturer 

11 or processor, unless a waiver of such requirement is 

12 granted—

13 ‘‘(A) by the Administrator, after reviewing 

14 a determination by the applicable contracting 

15 officer that no small business manufacturer or 

16 processor can reasonably be expected to offer a 

17 product meeting the specifications (including 

18 period for performance) required by the con19 tract; or 

20 ‘‘(B) by the Administrator for a product 

21 (or class of products), after determining that no 

22 small business manufacturer or processor is 

23 available to participate in the Federal procure24 ment market. 


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1 ‘‘(b) SIMILARLY SITUATED ENTITIES.—Contract 

2 amounts expended by a covered small business concern on 

3 a subcontractor that is a similarly situated entity shall not 

4 be considered subcontracted for purposes of determining 

5 whether the covered small business concern has violated 

6 a requirement established under subsection (a) or (d). 

7 ‘‘(c) MODIFICATIONS OF PERCENTAGES.—The Ad8 ministrator may change, by rule (after providing notice 

9 and an opportunity for public comment), a percentage 

10 specified in paragraphs (1) through (4) of subsection (a) 

11 if the Administrator determines that such change is nec12 essary to reflect conventional industry practices among 

13 business concerns that are below the numerical size stand14 ard for businesses in that industry category. 

15 ‘‘(d) OTHER CONTRACTS.—

16 ‘‘(1) IN GENERAL.—With respect to a category 

17 of contracts to which a requirement under sub18 section (a) does not apply, the Administrator is au19 thorized to establish, by rule (after providing notice 

20 and an opportunity for public comment), a require21 ment that a covered small business concern may not 

22 expend on subcontractors more than a specified per23 centage of the amount paid to the concern under a 

24 contract in that category. 


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1 ‘‘(2) UNIFORMITY.—A requirement established 

2 under paragraph (1) shall apply to all covered small 

3 business concerns. 

4 ‘‘(3) CONSTRUCTION PROJECTS.—The Adminis5 trator shall establish, through public rulemaking, re6 quirements similar to those specified in paragraph 

7 (1) to be applicable to contracts for general and spe8 cialty construction and to contracts for any other in9 dustry category not otherwise subject to the require10 ments of such paragraph. The percentage applicable 

11 to any such requirement shall be determined in ac12 cordance with paragraph (1). 

13 ‘‘(e) DEFINITIONS.—In this section, the following 

14 definitions apply: 

15 ‘‘(1) COVERED SMALL BUSINESS CONCERN.—

16 The term ‘covered small business concern’ means a 

17 business concern that—

18 ‘‘(A) with respect to a contract awarded 

19 under section 8(a), is a small business concern 

20 eligible to receive contracts under that section; 

21 ‘‘(B) with respect to a contract awarded 

22 under section 8(m)—

23 ‘‘(i) is a small business concern owned 

24 and controlled by women (as defined in 

25 that section); or 


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1 ‘‘(ii) is a small business concern 

2 owned and controlled by women (as de3 fined in that section) that is not less than 

4 51 percent owned by 1 or more women 

5 who are economically disadvantaged (and 

6 such ownership is determined without re7 gard to any community property law); 

8 ‘‘(C) with respect to a contract awarded 

9 under section 15(a), is a small business con10 cern; 

11 ‘‘(D) with respect to a contract awarded 

12 under section 31, is a qualified HUBZone small 

13 business concern; or 

14 ‘‘(E) with respect to a contract awarded 

15 under section 36, is a small business concern 

16 owned and controlled by service-disabled vet17 erans. 

18 ‘‘(2) SIMILARLY SITUATED ENTITY.—The term 

19 ‘similarly situated entity’ means a subcontractor 

20 that—

21 ‘‘(A) if a subcontractor for a small busi22 ness concern, is a small business concern; 

23 ‘‘(B) if a subcontractor for a small busi24 ness concern eligible to receive contracts under 

25 section 8(a), is such a concern; 


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1 ‘‘(C) if a subcontractor for a small busi2 ness concern owned and controlled by women 

3 (as defined in section 8(m)), is such a concern; 

4 ‘‘(D) if a subcontractor for a small busi5 ness concern owned and controlled by women 

6 (as defined in section 8(m)) that is not less 

7 than 51 percent owned by 1 or more women 

8 who are economically disadvantaged (and such 

9 ownership is determined without regard to any 

10 community property law), is such a concern; 

11 ‘‘(E) if a subcontractor for a qualified 

12 HUBZone small business concern, is such a 

13 concern; or 

14 ‘‘(F) if a subcontractor for a small busi15 ness concern owned and controlled by service16 disabled veterans, is such a concern.’’. 

17 SEC. 1652. PENALTIES. 

18 Section 16 of the Small Business Act (15 U.S.C. 645) 

19 is amended by adding at the end the following: 

20 ‘‘(g) SUBCONTRACTING LIMITATIONS.—

21 ‘‘(1) IN GENERAL.—Whoever violates a require22 ment established under section 46 shall be subject to 

23 the penalties prescribed in subsection (d), except 

24 that, for an entity that exceeded a limitation on sub25 contracting under such section, the fine described in 


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1 subsection (d)(2)(A) shall be treated as the greater 

2 of—

3 ‘‘(A) $500,000; or 

4 ‘‘(B) the dollar amount expended, in excess 

5 of permitted levels, by the entity on subcontrac6 tors. 

7 ‘‘(2) MONITORING.—Not later than 1 year after 

8 the date of enactment of this subsection, the Admin9 istrator shall take such actions as are necessary to 

10 ensure that an existing Federal subcontracting re11 porting system is modified to notify the Adminis12 trator, the appropriate Director of the Office of 

13 Small and Disadvantaged Business Utilization, and 

14 the appropriate contracting officer if a requirement 

15 established under section 46 is violated.’’. 

16 SEC. 1653. SUBCONTRACTING PLANS. 

17 (a) AMENDMENTS TO SMALL BUSINESS ACT RE18 QUIREMENTS.—Section 8(d) of the Small Business Act 

19 (15 U.S.C. 637(d)) is amended by—

20 (1) redesignating paragraphs (7), (8), (9), (10), 

21 (11), and (12) as paragraphs (8), (9), (10), (11), 

22 (12), and (13) respectively; 

23 (2) inserting after paragraph (6) the following: 

24 ‘‘(7) The head of the contracting agency shall 

25 ensure that—


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1 ‘‘(A) the agency collects and reports data 

2 on the extent to which contractors of the agen3 cy meet the goals and objectives set forth in 

4 subcontracting plans submitted pursuant to this 

5 subsection; and 

6 ‘‘(B) the agency periodically reviews data 

7 collected and reported pursuant to subpara8 graph (A) for the purpose of ensuring that such 

9 contractors comply in good faith with the re10 quirements of this subsection and subcon11 tracting plans submitted by the contractors 

12 pursuant to this subsection.’’; 

13 (3) in paragraph (9), as redesignated by para14 graph (1) of this subsection, striking ‘‘shall be a ma15 terial breach of such contract or subcontract’’ and 

16 inserting ‘‘shall be a material breach of such con17 tract or subcontract and may be considered in any 

18 past performance evaluation of the contractor’’; 

19 (4) in subparagraph (C) of paragraph (11), as 

20 redesignated by paragraph (1) of this subsection, by 

21 striking ‘‘, either on a contract-by-contract basis, or 

22 in the case contractors’’ and inserting ‘‘as a supple23 ment to evaluations performed by the contracting 

24 agency, either on a contract-by-contract basis or, in 

25 the case of contractors’’; and 


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1 (5) by adding at the end the following: 

2 ‘‘(14) An offeror for a covered contract that in3 tends to identify a small business concern as a po4 tential subcontractor in a bid or proposal for the 

5 contract, or in a plan submitted pursuant to this 

6 subsection in connection with the contract, shall no7 tify the small business concern prior to making such 

8 identification. 

9 ‘‘(15) The Administrator shall establish a re10 porting mechanism that allows a subcontractor or 

11 potential subcontractor to report fraudulent activity 

12 or bad faith by a contractor with respect to a sub13 contracting plan submitted pursuant to this sub14 section.’’. 

15 (b) ADDITIONAL REQUIREMENTS.—

16 (1) REPORTING REQUIREMENTS.—Not later 

17 than 1 year after the date of the enactment of this 

18 part, the Administrator of the Small Business Ad19 ministration shall take such actions as are necessary 

20 to ensure that the electronic subcontracting report21 ing system established by the Administration to 

22 carry out the requirement of section 8(d)(6)(E) of 

23 the Small Business Act is modified to ensure that it 

24 can identify entities that fail to submit required re25 ports. 


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1 (2) ANNUAL REPORT.—Not later than March 

2 31 of each year, the Administrator of the Small 

3 Business Administration shall provide the Com4 mittee on Small Business of the House of Rep5 resentatives and the Committee on Small Business 

6 and Entrepreneurship of the Senate a report, based 

7 on data available through existing systems, that sets 

8 forth, by agency (and to the extent practicable, by 

9 type of goal or plan), the following information: 

10 (A) the percentage of entities required to 

11 submit reports pursuant to section 8(d)(6) of 

12 the Small Business Act that filed such reports 

13 and that failed to file such reports during the 

14 prior fiscal year; 

15 (B) the percentage of entities filing such 

16 reports that met, exceeded, or failed to meet 

17 goals set forth in their subcontracting plans 

18 during the prior fiscal year; and 

19 (C) the aggregate value by which such en20 tities exceeded, or failed to meet, their subcon21 tracting goals during the prior fiscal year. 

22 SEC. 1654. NOTICES OF SUBCONTRACTING OPPORTUNI23 TIES. 

24 Section 8(k)(1) of the Small Business Act (15 U.S.C. 

25 637(k)(1)) is amended by striking ‘‘in the Commerce 


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1 Business Daily’’ and inserting ‘‘on the appropriate Fed2 eral Web site (as determined by the Administrator)’’. 

3 SEC. 1655. PUBLICATION OF CERTAIN DOCUMENTS. 

4 Not later than 270 days after the date of the enact5 ment of this part, the Director of the Office of Manage6 ment and Budget shall publish procedures and methodolo7 gies to be used by Federal agencies with respect to deci8 sions to convert a function being performed by a small 

9 business concern to performance by a Federal employee, 

10 including procedures and methodologies for determining 

11 which contracts will be studied for potential conversion; 

12 procedures and methodologies by which a contract is eval13 uated as inherently governmental or as a critical agency 

14 function; and procedures and methodologies for estimating 

15 and comparing costs. Should a Federal agency develop any 

16 agency-specific methodologies for identifying critical agen17 cy functions or supplemental implementation guidance, 

18 such methodologies and guidance shall be published upon 

19 implementation. 

20 PART V—SMALL BUSINESS CONCERN SIZE 

21 STANDARDS 

22 SEC. 1661. SMALL BUSINESS CONCERN SIZE STANDARDS. 

23 Section 3 of the Small Business Act (15 U.S.C. 632) 

24 is amended—


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1 (1) by striking ‘‘SEC. 3.’’ and inserting the fol2 lowing: 

3 ‘‘SEC. 3. DEFINITIONS.’’; 

4 and 

5 (2) in subsection (a)—

6 (A) by striking the subsection enumerator 

7 and inserting the following: 

8 ‘‘(a) SMALL BUSINESS CONCERNS.—’’; 

9 (B) in paragraph (1), by striking ‘‘(1) For 

10 the purposes’’ and inserting the following: 

11 ‘‘(1) IN GENERAL.—For the purposes’’; 

12 (C) in paragraph (3), by striking ‘‘(3) 

13 When establishing’’ and inserting the following: 

14 ‘‘(3) VARIATION BY INDUSTRY AND CONSIDER15 ATION OF OTHER FACTORS.—When establishing’’; 

16 (D) by moving paragraph (5), including 

17 each subparagraph and clause therein, 2 ems to 

18 the right; and 

19 (E) by adding at the end the following: 

20 ‘‘(6) PROPOSED RULEMAKING.—In conducting 

21 rulemaking to revise, modify or establish size stand22 ards pursuant to this section, the Administrator 

23 shall consider, and address, and make publicly avail24 able as part of the notice of proposed rulemaking 

25 and notice of final rule each of the following: 


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1 ‘‘(A) a detailed description of the industry 

2 for which the new size standard is proposed; 

3 ‘‘(B) an analysis of the competitive envi4 ronment for that industry; 

5 ‘‘(C) the approach the Administrator used 

6 to develop the proposed standard including the 

7 source of all data used to develop the proposed 

8 rule making; and 

9 ‘‘(D) the anticipated effect of the proposed 

10 rulemaking on the industry, including the num11 ber of concerns not currently considered small 

12 that would be considered small under the pro13 posed rule making and the number of concerns 

14 currently considered small that would be 

15 deemed other than small under the proposed 

16 rulemaking. 

17 ‘‘(7) COMMON SIZE STANDARDS.—In carrying 

18 out this subsection, the Administrator may establish 

19 or approve a single size standard for a grouping of 

20 4-digit North American Industry Classification Sys21 tem codes only if the Administrator makes publicly 

22 available, not later than the date on which such size 

23 standard is established or approved, a justification 

24 demonstrating that such size standard is appropriate 


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1 for each individual industry classification included in 

2 the grouping. 

3 ‘‘(8) NUMBER OF SIZE STANDARDS.—The Ad4 ministrator shall not limit the number of size stand5 ards established pursuant to paragraph (2), and 

6 shall assign the appropriate size standard to each 

7 North American Industry Classification System 

8 Code.’’. 

9 PART VI—CONTRACT BUNDLING 

10 SEC. 1671. CONTRACT BUNDLING. 

11 (a) CONSTRUCTION CONTRACTS.—Section 44 of the 

12 Small Business Act (15 U.S.C. 657q) is amended in sub13 section (a)(2) by striking ‘‘or a multiple award contract 

14 to satisfy 2 or more requirements of the Federal agency 

15 for goods or services that have been provided to or per16 formed for the Federal agency under 2 or more separate 

17 contracts lower in cost than the total cost of the contract 

18 for which the offers are solicited; and’’ and inserting the 

19 following: ‘‘or a multiple award contract—

20 ‘‘(A) to satisfy 2 or more requirements of 

21 the Federal agency for goods or services that 

22 have been provided to or performed for the 

23 Federal agency under 2 or more separate con24 tracts lower in cost than the total cost of the 

25 contract for which the offers are solicited; or 


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1 ‘‘(B) to satisfy requirements of the Federal 

2 agency for construction projects to be per3 formed at 2 or more discrete sites; and’’. 

4 (b) CLARIFICATION OF CERTAIN REQUIREMENTS.—

5 Section 44 of such Act is further amended in subsection 

6 (c)(1)(E), by striking ‘‘certifies to the head of the Federal 

7 agency’’ and inserting ‘‘ensures’’. 

8 (c) REPEAL OF SUPERSEDED LAW AND CONFORMING

9 CHANGE.—

10 (1) CONSOLIDATION OF CONTRACT REQUIRE11 MENTS: POLICY AND RESTRICTIONS.—Section 2382 

12 of title 10, United States Code is repealed. The table 

13 of sections for chapter 141 of such title is amended 

14 by striking the item relating to section 2382. 

15 (2) CONSOLIDATION OF CONTRACT REQUIRE16 MENTS; DEPARTMENT OF DEFENSE.—Section 44 of 

17 the Small Business Act, as amended by subsections 

18 (a) and (b) of this section, is further amended in 

19 subsection (c) by striking paragraph (4). 

20 (d) COMPTROLLER GENERAL REVIEW.—Not later 

21 than 270 days after the date of the enactment of this sub22 section, the Comptroller General of the United States shall 

23 review data and information regarding consolidated con24 tracts awarded by Federal agencies. The review shall in25 clude an assessment of—


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1 (1) the extent to which written determinations 

2 that the consolidation of contract requirements was 

3 necessary and justified meet the requirements of ap4 plicable provisions of law and regulation; 

5 (2) the amount of savings and benefits realized 

6 pursuant to such contracts, in comparison with—

7 (A) the performance of similar require8 ments under previous contracts; and 

9 (B) the savings and benefits anticipated by 

10 the analysis required prior to the contract 

11 award pursuant to applicable provisions of law 

12 and regulation; 

13 (3) the extent to which the consolidation of con14 tract requirements was consistent with the con15 tracting agency’s small business subcontracting 

16 plans; and 

17 (4) the adequacy of data collected pursuant to 

18 section 15 of the Small Business Act relating to con19 tract bundling. 

20 PART VII—INCREASED PENALTIES FOR FRAUD 

21 SEC. 1681. SAFE HARBOR FOR GOOD FAITH COMPLIANCE 

22 EFFORTS. 

23 (a) SMALL BUSINESS FRAUD.—Section 16(d) of the 

24 Small Business Act (15 U.S.C. 645(d)) is amended by in25 serting after paragraph (2) the following: 


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1 ‘‘(3) LIMITATION ON LIABILITY.—This sub2 section shall not apply to any conduct in violation of 

3 subsection (a) if the defendant acted in good faith 

4 reliance on a written advisory opinion from a Small 

5 Business Development Center (as defined in this 

6 Act), or an entity participating in the Procurement 

7 Technical Assistance Cooperative Agreement Pro8 gram defined in chapter 142 of title 10, United 

9 States Code; however nothing in this Act shall obli10 gate either entity to provide such a letter nor shall 

11 the provision of such a letter in any way render the 

12 providing entity liable to the business concern should 

13 the Administrator later determine that the concern 

14 is not a small business concern. Upon issuance of an 

15 advisory opinion under this paragraph, the entity 

16 issuing the advisory opinion shall remit a copy of the 

17 opinion to the General Counsel of the Administra18 tion, who may reject the advisory opinion. If the 

19 General Counsel of the Administration rejects the 

20 advisory opinion, the Administration shall notify the 

21 entity issuing the advisory opinion and the recipient 

22 of the opinion, after which time the business concern 

23 may not rely upon the opinion.’’. 

24 (b) REGULATIONS.—Not later than 270 days after 

25 the date of enactment of this part, the Administrator of 


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1 the Small Business Administration shall issue rules defin2 ing what constitutes an adequate advisory opinion for pur3 poses of section 16(d)(3) of the Small Business Act. 

4 (c) SMALL BUSINESS COMPLIANCE GUIDE.—Not 

5 later than 270 days after the date of enactment of this 

6 part, the Administrator of the Small Business Administra7 tion shall issue (pursuant to section 212 of the Small 

8 Business Regulatory Enforcement Fairness Act of 1996) 

9 a compliance guide to assist business concerns in accu10 rately determining their status as a small business con11 cern. 

12 SEC. 1682. REQUIREMENT THAT FRAUDULENT BUSINESSES 

13 BE SUSPENDED OR DEBARRED. 

14 (a) IN GENERAL.—Section 16(d)(2)(C) of the Small 

15 Business Act (15 U.S.C. 645(d)(2)(C)) is amended by 

16 striking ‘‘on the basis that such misrepresentation indi17 cates a lack of business integrity that seriously and di18 rectly affects the present responsibility to perform any 

19 contract awarded by the Federal Government or a sub20 contract under such a contract’’. 

21 (b) DEVELOPMENT AND PROMULGATION OF GUID22 ANCE.—Not later than 270 days after the date of enact23 ment of this part, the Administrator of the Small Business 

24 Administration shall develop and promulgate guidance im25 plementing this section. 


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1 (c) PUBLICATION OF PROCEDURES REGARDING SUS2 PENSION AND DEBARMENT.—Not later than 270 days 

3 after the date of enactment of this part, the Administrator 

4 shall publish and maintain on the Administration’s Web 

5 site the current standard operating procedures of the Ad6 ministration for suspension and debarment, and the name 

7 and contact information for the individual designated by 

8 the Administrator as the senior individual responsible for 

9 suspension and debarment proceedings. 

10 SEC. 1683. ANNUAL REPORT ON SUSPENSIONS AND 

11 DEBARMENTS PROPOSED BY SMALL BUSI12 NESS ADMINISTRATION. 

13 (a) REPORT REQUIREMENT.—The Administrator of 

14 the Small Business Administration shall submit each year 

15 to the Committee on Small Business and Entrepreneur16 ship of the Senate, and the Committee on Small Business 

17 of the House of Representatives a report on the suspen18 sion and debarment actions taken by the Administrator 

19 during the year preceding the year of submission of the 

20 report. 

21 (b) MATTERS COVERED.—The report required by 

22 subsection (a) shall include the following information for 

23 the year covered by the report: 

24 (1) NUMBER.—The number of contractors pro25 posed for suspension or debarment. 


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1 (2) SOURCE.—The office within a Federal 

2 agency that originated each proposal for suspension 

3 or debarment. 

4 (3) REASONS.—The reason for each proposal 

5 for suspension or debarment. 

6 (4) RESULTS.—The result of each proposal for 

7 suspension or debarment, and the reason for such 

8 result. 

9 (5) REFERRALS.—The number of suspensions 

10 or debarments referred to the Inspector General of 

11 the Small Business Administration or another agen12 cy, or to the Attorney General (for purposes of this 

13 paragraph, the Administrator may redact identifying 

14 information on names of companies or other infor15 mation in order to protect the integrity of any ongo16 ing criminal or civil investigation). 

17 PART VIII—OFFICES OF SMALL AND 

18 DISADVANTAGED BUSINESS UNITS 

19 SEC. 1691. OFFICES OF SMALL AND DISADVANTAGED BUSI20 NESS UTILIZATION. 

21 (a) APPOINTMENT AND POSITION OF DIRECTOR.—

22 Section 15(k)(2) of the Small Business Act (15 U.S.C. 

23 644(k)(2)) is amended by striking ‘‘such agency,’’ and in24 serting ‘‘such agency to a position that is a Senior Execu25 tive Service position (as such term is defined under section 


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1 3132(a) of title 5, United States Code), except that, for 

2 any agency in which the positions of Chief Acquisition Of3 ficer and senior procurement executive (as such terms are 

4 defined under section 44(a) of this Act) are not Senior 

5 Executive Service positions, the Director of Small and Dis6 advantaged Business Utilization may be appointed to a 

7 position compensated at not less than the minimum rate 

8 of basic pay payable for grade GS–15 of the General 

9 Schedule under section 5332 of such title (including com10 parability payments under section 5304 of such title);’’. 

11 (b) PERFORMANCE APPRAISALS.—Section 15(k)(3) 

12 of such Act (15 U.S.C. 644(k)(3)) is amended—

13 (1) by striking ‘‘be responsible only to, and re14 port directly to, the head’’ and inserting ‘‘shall be 

15 responsible only to (including with respect to per16 formance appraisals), and report directly and exclu17 sively to, the head’’; and 

18 (2) by striking ‘‘be responsible only to, and re19 port directly to, such Secretary’’ and inserting ‘‘be 

20 responsible only to (including with respect to per21 formance appraisals), and report directly and exclu22 sively to, such Secretary’’. 

23 (c) ADDITIONAL REQUIREMENTS.—Section 15(k) of 

24 such Act (15 U.S.C. 644(k)) is amended by inserting after 

25 paragraph (10) the following: 


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1 ‘‘(11) shall review and advise such agency on 

2 any decision to convert an activity performed by a 

3 small business concern to an activity performed by 

4 a Federal employee; 

5 ‘‘(12) shall provide to the Chief Acquisition Of6 ficer and senior procurement executive of such agen7 cy advice and comments on acquisition strategies, 

8 market research, and justifications related to section 

9 44 of this Act; 

10 ‘‘(13) may provide training to small business 

11 concerns and contract specialists, except that such 

12 training may only be provided to the extent that the 

13 training does not interfere with the Director car14 rying out other responsibilities under this subsection; 

15 ‘‘(14) shall receive unsolicited proposals and, 

16 when appropriate, forward such proposals to per17 sonnel of the activity responsible for reviewing such 

18 proposals; 

19 ‘‘(15) shall carry out exclusively the duties enu20 merated in this Act, and shall, while the Director, 

21 not hold any other title, position, or responsibility, 

22 except as necessary to carry out responsibilities 

23 under this subsection; and 

24 ‘‘(16) shall submit, each fiscal year, to the 

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1 resentatives and the Committee on Small Business 

2 and Entrepreneurship of the Senate a report de3 scribing—

4 ‘‘(A) the training provided by the Director 

5 under paragraph (13) in the most recently com6 pleted fiscal year; 

7 ‘‘(B) the percentage of the budget of the 

8 Director used for such training in the most re9 cently completed fiscal year; and 

10 ‘‘(C) the percentage of the budget of the 

11 Director used for travel in the most recently 

12 completed fiscal year.’’. 

13 (d) REQUIREMENT OF ACQUISITION EXPERIENCE

14 FOR OSDBU DIRECTOR.—Section 15(k) of the Small 

15 Business Act (15 U.S.C. 644(k)), as amended by this part, 

16 is further amended, in the matter preceding paragraph 

17 (1), by striking ‘‘who shall’’ and inserting the following: 

18 ‘‘, with experience serving in any combination of the fol19 lowing roles: program manager, deputy program manager, 

20 or assistant program manager for Federal acquisition pro21 gram; chief engineer, systems engineer, assistant engineer, 

22 or product support manager for Federal acquisition pro23 gram; Federal contracting officer; small business technical 

24 advisor; contracts administrator for Federal Government 

25 contracts; attorney specializing in Federal procurement 


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1 law; small business liaison officer; officer or employee who 

2 managed Federal Government contracts for a small busi3 ness; or individual whose primary responsibilities were for 

4 the functions and duties of section 8, 15 or 44 of this 

5 Act. Such officer or employee’’. 

6 (e) TECHNICAL AMENDMENTS.—Section 15(k) of 

7 such Act (15 U.S.C. 644(k)), as amended, is further 

8 amended—

9 (1) in paragraph (1)—

10 (A) by striking ‘‘be known’’ and inserting 

11 ‘‘shall be known’’; and 

12 (B) by striking ‘‘such agency,’’ and insert13 ing ‘‘such agency;’’; 

14 (2) in paragraph (2) by striking ‘‘be appointed 

15 by’’ and inserting ‘‘shall be appointed by’’; 

16 (3) in paragraph (3)—

17 (A) by striking ‘‘director’’ and inserting 

18 ‘‘Director’’; and 

19 (B) by striking ‘‘Secretary’s designee,’’ and 

20 inserting ‘‘Secretary’s designee;’’; 

21 (4) in paragraph (4)—

22 (A) by striking ‘‘be responsible’’ and in23 serting ‘‘shall be responsible’’; and 

24 (B) by striking ‘‘such agency,’’ and insert25 ing ‘‘such agency;’’; 


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1 (5) in paragraph (5) by striking ‘‘identify pro2 posed’’ and inserting ‘‘shall identify proposed’’; 

3 (6) in paragraph (6) by striking ‘‘assist small’’ 

4 and inserting ‘‘shall assist small’’; 

5 (7) in paragraph (7)—

6 (A) by striking ‘‘have supervisory’’ and in7 serting ‘‘shall have supervisory’’; and 

8 (B) by striking ‘‘this Act,’’ and inserting 

9 ‘‘this Act;’’; 

10 (8) in paragraph (8)—

11 (A) in the matter preceding subparagraph 

12 (A), by striking ‘‘assign a’’ and inserting ‘‘shall 

13 assign a’’; and 

14 (B) in subparagraph (A), by striking ‘‘the 

15 activity, and’’ and inserting ‘‘the activity; and’’; 

16 (9) in paragraph (9)—

17 (A) by striking ‘‘cooperate, and’’ and in18 serting ‘‘shall cooperate, and’’; and 

19 (B) by striking ‘‘subsection, and’’ and in20 serting ‘‘subsection;’’; and 

21 (10) in paragraph (10)—

22 (A) by striking ‘‘make recommendations’’ 

23 and inserting ‘‘shall make recommendations’’; 

24 (B) by striking ‘‘subsection (a), or section’’ 

25 and inserting ‘‘subsection (a), section’’; 


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1 (C) by striking ‘‘Act or section 2323’’ and 

2 inserting ‘‘Act, or section 2323’’; 

3 (D) by striking ‘‘Code. Such recommenda4 tions shall’’ and inserting ‘‘Code, which shall’’; 

5 and 

6 (E) by striking ‘‘contract file.’’ and insert7 ing ‘‘contract file;’’. 

8 SEC. 1692. SMALL BUSINESS PROCUREMENT ADVISORY 

9 COUNCIL. 

10 (a) DUTIES.—Section 7104(b) of the Federal Acqui11 sition Streamlining Act of 1994 (15 U.S.C. 644 note) is 

12 amended—

13 (1) in paragraph (1) by striking ‘‘and’’ at the 

14 end; 

15 (2) in paragraph (2) by striking ‘‘authorities.’’ 

16 and inserting ‘‘authorities;’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(3) to conduct reviews of each Office of Small 

19 and Disadvantaged Business Utilization established 

20 under section 15(k) of the Small Business Act (15 

21 U.S.C. 644(k)) to determine the compliance of each 

22 Office with requirements under such section; 

23 ‘‘(4) to identify best practices for maximizing 

24 small business utilization in Federal contracting that 


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1 may be implemented by Federal agencies having pro2 curement powers; and 

3 ‘‘(5) to submit, annually, to the Committee on 

4 Small Business of the House of Representatives and 

5 the Committee on Small Business and Entrepre6 neurship of the Senate a report describing—

7 ‘‘(A) the comments submitted under para8 graph (2) during the 1-year period ending on 

9 the date on which the report is submitted, in10 cluding any outcomes related to the comments; 

11 ‘‘(B) the results of reviews conducted 

12 under paragraph (3) during such 1-year period; 

13 and 

14 ‘‘(C) best practices identified under para15 graph (4) during such 1-year period.’’. 

16 (b) MEMBERSHIP.—Section 7104(c)(3) of such Act 

17 (15 U.S.C. 644 note) is amended by striking ‘‘(established 

18 under section 15(k) of the Small Business Act (15 U.S.C. 

19 644(k))’’. 

20 (c) CHAIRMAN.—Section 7104(d) of such Act (15 

21 U.S.C. 644 note) is amended by inserting after ‘‘Small 

22 Business Administration’’ the following: ‘‘(or the designee 

23 of the Administrator)’’. 


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1 PART IX—OTHER MATTERS 

2 SEC. 1695. SURETY BONDS. 

3 (a) MAXIMUM BOND AMOUNT.—Section 411(a)(1) of 

4 the Small Business Investment Act of 1958 (15 U.S.C. 

5 694b(a)(1)) is amended—

6 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

7 (2) by striking ‘‘does not exceed’’ and all that 

8 follows through the period at the end, and inserting 

9 ‘‘does not exceed $6,500,000, as adjusted for infla10 tion in accordance with section 1908 of title 41, 

11 United States Code.’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(B) The Administrator may guarantee a surety 

14 under subparagraph (A) for a total work order or contract 

15 amount that does not exceed $10,000,000, if a contracting 

16 officer of a Federal agency certifies that such a guarantee 

17 is necessary.’’. 

18 (b) DENIAL OF LIABILITY.—Section 411 of the Small 

19 Business Investment Act of 1958 (15 U.S.C. 694b) is 

20 amended—

21 (1) by striking subsection (e) and inserting the 

22 following: 

23 ‘‘(e) REIMBURSEMENT OF SURETY; CONDITIONS.—

24 Pursuant to any such guarantee or agreement, the Admin25 istration shall reimburse the surety, as provided in sub26 section (c) of this section, except that the Administration 


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1 shall be relieved of liability (in whole or in part within 

2 the discretion of the Administration) if—

3 ‘‘(1) the surety obtained such guarantee or 

4 agreement, or applied for such reimbursement, by 

5 fraud or material misrepresentation, 

6 ‘‘(2) the total contract amount at the time of 

7 execution of the bond or bonds exceeds $6,500,000, 

8 ‘‘(3) the surety has breached a material term or 

9 condition of such guarantee agreement, or 

10 ‘‘(4) the surety has substantially violated the 

11 regulations promulgated by the Administration pur12 suant to subsection (d).’’; and 

13 (2) by inserting after subsection (i) the fol14 lowing: 

15 ‘‘(j) For bonds made or executed with the prior ap16 proval of the Administration, the Administration shall not 

17 deny liability to a surety based upon material information 

18 that was provided as part of the guarantee application.’’. 

19 (c) SIZE STANDARDS.—Section 410 of the Small 

20 Business Investment Act of 1958 (15 U.S.C. 694a) is 

21 amended by inserting after paragraph (8) the following: 

22 ‘‘(9) Notwithstanding any other provision of law or 

23 any rule, regulation, or order of the Administration, for 

24 purpose of sections 410, 411, and 412 the term ‘small 

25 business concern’ means a business concern that meets the 


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1 size standard for the primary industry in which such busi2 ness concern, and the affiliates of such business concern, 

3 is engaged, as determined by the Administrator in accord4 ance with the North American Industry Classification Sys5 tem.’’. 

6 SEC. 1696. CONFORMING AMENDMENTS; REPEAL OF RE7 DUNDANT PROVISIONS; REGULATIONS. 

8 (a) TECHNICAL AMENDMENTS.—Section 15 of the 

9 Small Business Act (15 U.S.C. 644) is amended—

10 (1) in the heading of subsection (p), to read as 

11 follows: ‘‘ACCESS TO DATA.—’’; and 

12 (2) in the heading of subsection (q), to read as 

13 follows: ‘‘REPORTS RELATED TO PROCUREMENT

14 CENTER REPRESENTATIVES.—’’. 

15 (b) CONFORMING AMENDMENTS PERTAINING TO

16 LIMITATIONS ON SUBCONTRACTING.—

17 (1) HUBZONES.—Section 3(p)(5) of the Small 

18 Business Act (15 U.S.C. 632(p)(5)) is amended—

19 (A) in subparagraph (A)(i) by striking sub20 clause (III) and inserting the following: 

21 ‘‘(III) with respect to any sub22 contract entered into by the small 

23 business concern pursuant to a con24 tract awarded to the small business 

25 concern under section 31, the small 


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1 business concern will ensure that the 

2 requirements of section 46 are satis3 fied; and’’; 

4 (B) by striking subparagraphs (B) and 

5 (C); and 

6 (C) by redesignating subparagraph (D) as 

7 subparagraph (B). 

8 (2) ENTITIES ELIGIBLE FOR CONTRACTS

9 UNDER SECTION 8(a).—Section 8(a) of such Act (15 

10 U.S.C. 637(a)) is amended by striking paragraph 

11 (14) and inserting the following: 

12 ‘‘(14) LIMITATIONS ON SUBCONTRACTING.—A 

13 concern may not be awarded a contract under this 

14 subsection as a small business concern unless the 

15 concern agrees to satisfy the requirements of section 

16 46.’’. 

17 (3) SMALL BUSINESS CONCERNS.—Section 15 

18 of such Act (15 U.S.C. 644) is amended by striking 

19 subsection (o) and inserting the following: 

20 ‘‘(o) LIMITATIONS ON SUBCONTRACTING.—A concern 

21 may not be awarded a contract under subsection (a) as 

22 a small business concern unless the concern agrees to sat23 isfy the requirements of section 46.’’. 

24 (c) REGULATIONS.—Not later than 180 days after 

25 the date of enactment of this part, the Administrator of 


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1 the Small Business Administration shall issue guidance 

2 with respect to the changes made to the Small Business 

3 Act by the amendments in this subtitle, with opportunities 

4 for notice and comment. 

5 SEC. 1697. CONTRACTING WITH SMALL BUSINESS CON6 CERNS OWNED AND CONTROLLED BY 

7 WOMEN. 

8 (a) PROCUREMENT PROGRAM FOR WOMEN-OWNED

9 SMALL BUSINESS CONCERNS.—Section 8(m)(2) of the 

10 Small Business Act (15 U.S.C. 637(m)(2)) is amended—

11 (1) by striking subparagraph (D); and 

12 (2) by redesignating subparagraphs (E) and 

13 (F) as subparagraphs (D) and (E), respectively. 

14 (b) STUDY AND REPORT ON REPRESENTATION OF

15 WOMEN.—Section 29 of the Small Business Act (15 

16 U.S.C. 656) is amended by adding at the end the fol17 lowing: 

18 ‘‘(o) STUDY AND REPORT ON REPRESENTATION OF

19 WOMEN.—

20 ‘‘(1) STUDY.—The Administrator shall periodi21 cally conduct a study to identify industries, as de22 fined under the North American Industry Classifica23 tion System, underrepresented by small business 

24 concerns owned and controlled by women. 


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1 ‘‘(2) REPORT.—Not later than 5 years after the 

2 date of enactment of this subsection, and every 5 

3 years thereafter, the Administrator shall submit to 

4 the Committee on Small Business and Entrepre5 neurship of the Senate and the Committee on Small 

6 Business of the House of Representatives a report 

7 on the results of each study under paragraph (1) 

8 conducted during the 5-year period ending on the 

9 date of the report.’’. 

10 SEC. 1698. SMALL BUSINESS HUBZONES. 

11 (a) DEFINITION.—In this section, the term ‘‘covered 

12 base closure area’’ means a base closure area that, on or 

13 before the date of enactment of this Act, was treated as 

14 a HUBZone for purposes of the Small Business Act (15 

15 U.S.C. 631 et seq.) pursuant to section 152(a)(2) of the 

16 Small Business Reauthorization and Manufacturing As17 sistance Act of 2004 (15 U.S.C. 632 note). 

18 (b) TREATMENT AS HUBZONE.—

19 (1) IN GENERAL.—Subject to paragraph (2), a 

20 covered base closure area shall be treated as a 

21 HUBZone for purposes of the Small Business Act 

22 (15 U.S.C. 631 et seq.) during the 5-year period be23 ginning on the date of enactment of this Act. 

24 (2) LIMITATION.—The total period of time that 

25 a covered base closure area is treated as a 


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1 HUBZone for purposes of the Small Business Act 

2 (15 U.S.C. 631 et seq.) pursuant to this section and 

3 section 152(a)(2) of the Small Business Reauthor4 ization and Manufacturing Assistance Act of 2004 

5 (15 U.S.C. 632 note) may not exceed 5 years. 

6 SEC. 1699. NATIONAL VETERANS BUSINESS DEVELOPMENT 

7 CORPORATION. 

8 (a) IN GENERAL.—The Small Business Act (15 

9 U.S.C. 631 et seq.) is amended by striking section 33 (15 

10 U.S.C. 657c). 

11 (b) CORPORATION.—On and after the date of enact12 ment of this Act, the National Veterans Business Develop13 ment Corporation and any successor thereto may not rep14 resent that the corporation is federally chartered or in any 

15 other manner authorized by the Federal Government. 

16 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

17 (1) TITLE 10.—Section 1142(b)(13) of title 10, 

18 United States Code, is amended by striking ‘‘and 

19 the National Veterans Business Development Cor20 poration’’. 

21 (2) TITLE 38.—Section 3452(h) of title 38, 

22 United States Code, is amended by striking ‘‘any of 

23 the’’ and all that follows and inserting ‘‘any small 

24 business development center described in section 21 

25 of the Small Business Act (15 U.S.C. 648), insofar 


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1 as such center offers, sponsors, or cosponsors an en2 trepreneurship course, as that term is defined in sec3 tion 3675(c)(2).’’. 

4 (3) VETERANS ENTREPRENEURSHIP AND

5 SMALL BUSINESS DEVELOPMENT ACT OF 1999.—Sec6 tion 203(c)(5) of the Veterans Entrepreneurship and 

7 Small Business Development Act of 1999 (15 U.S.C. 

8 657b note) is amended by striking ‘‘In cooperation 

9 with the National Veterans Business Development 

10 Corporation, develop’’ and inserting ‘‘Develop’’. 

11 SEC. 1699a. STATE TRADE AND EXPORT PROMOTION GRANT 

12 PROGRAM. 

13 Section 1207(a)(5) of the Small Business Jobs Act 

14 of 2010 (15 U.S.C. 649b note) is amended by inserting 

15 after ‘‘Guam,’’ the following: ‘‘the Commonwealth of the 

16 Northern Mariana Islands,’’. 

17 TITLE XVII—ENDING TRAF18 FICKING IN GOVERNMENT 

19 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.


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1 SEC. 1701. DEFINITIONS. 

2 In this title: 

3 (1) EXECUTIVE AGENCY.—The term ‘‘executive 

4 agency’’ has the meaning given the term in section 

5 133 of title 41, United States Code. 

6 (2) SUBCONTRACTOR.—The term ‘‘subcon7 tractor’’ means a recipient of a contract at any tier 

8 under a grant, contract, or cooperative agreement. 

9 (3) SUBGRANTEE.—The term ‘‘subgrantee’’ 

10 means a recipient of a grant at any tier under a 

11 grant or cooperative agreement. 

12 (4) UNITED STATES.—The term ‘‘United 

13 States’’ has the meaning provided in section 103(12) 

14 of the Trafficking Victims Protection Act of 2000 

15 (22 U.S.C. 7102(12)). 

16 SEC. 1702. CONTRACTING REQUIREMENTS. 

17 Section 106(g) of the Trafficking Victims Protection 

18 Act of 2000 (22 U.S.C. 7104(g)) is amended by striking 

19 ‘‘without penalty’’ and all that follows through the period 

20 at the end and inserting the following: ‘‘or take any of 

21 the other remedial actions authorized under section 

22 1704(c) of the National Defense Authorization Act for 

23 Fiscal Year 2013, without penalty, if the grantee or any 

24 subgrantee, or the contractor or any subcontractor, en25 gages in, or uses labor recruiters, brokers, or other agents 

26 who engage in—


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1 ‘‘(i) severe forms of trafficking in per2 sons; 

3 ‘‘(ii) the procurement of a commercial 

4 sex act during the period of time that the 

5 grant, contract, or cooperative agreement 

6 is in effect; 

7 ‘‘(iii) the use of forced labor in the 

8 performance of the grant, contract, or co9 operative agreement; or 

10 ‘‘(iv) acts that directly support or ad11 vance trafficking in persons, including the 

12 following acts: 

13 ‘‘(I) Destroying, concealing, re14 moving, confiscating, or otherwise de15 nying an employee access to that em16 ployee’s identity or immigration docu17 ments. 

18 ‘‘(II) Failing to provide return 

19 transportation or pay for return 

20 transportation costs to an employee 

21 from a country outside the United 

22 States to the country from which the 

23 employee was recruited upon the end 

24 of employment if requested by the em25 ployee, unless—


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1 ‘‘(aa) exempted from the re2 quirement to provide or pay for 

3 such return transportation by the 

4 Federal department or agency 

5 providing or entering into the 

6 grant, contract, or cooperative 

7 agreement; or 

8 ‘‘(bb) the employee is a vic9 tim of human trafficking seeking 

10 victim services or legal redress in 

11 the country of employment or a 

12 witness in a human trafficking 

13 enforcement action. 

14 ‘‘(III) Soliciting a person for the 

15 purpose of employment, or offering 

16 employment, by means of materially 

17 false or fraudulent pretenses, rep18 resentations, or promises regarding 

19 that employment. 

20 ‘‘(IV) Charging recruited employ21 ees unreasonable placement or recruit22 ment fees, such as fees equal to or 

23 greater than the employee’s monthly 

24 salary, or recruitment fees that violate 


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1 the laws of the country from which an 

2 employee is recruited. 

3 ‘‘(V) Providing or arranging 

4 housing that fails to meet the host 

5 country housing and safety stand6 ards.’’. 

7 SEC. 1703. COMPLIANCE PLAN AND CERTIFICATION RE8 QUIREMENT. 

9 (a) REQUIREMENT.—The head of an executive agen10 cy may not provide or enter into a grant, contract, or coop11 erative agreement if the estimated value of the services 

12 required to be performed under the grant, contract, or co13 operative agreement outside the United States exceeds 

14 $500,000, unless a duly designated representative of the 

15 recipient of such grant, contract, or cooperative agreement 

16 certifies to the contracting or grant officer prior to receiv17 ing an award and on an annual basis thereafter, after hav18 ing conducted due diligence, that—

19 (1) the recipient has implemented a plan to pre20 vent the activities described in section 106(g) of the 

21 Trafficking Victims Protection Act of 2000 (22 

22 U.S.C. 7104(g)), as amended by section 1702, and 

23 is in compliance with that plan; 

24 (2) the recipient has implemented procedures to 

25 prevent any activities described in such section 


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1 106(g) and to monitor, detect, and terminate any 

2 subcontractor, subgrantee, or employee of the recipi3 ent engaging in any activities described in such sec4 tion; and 

5 (3) to the best of the representative’s knowl6 edge, neither the recipient, nor any subcontractor or 

7 subgrantee of the recipient or any agent of the re8 cipient or of such a subcontractor or subgrantee, is 

9 engaged in any of the activities described in such 

10 section. 

11 (b) LIMITATION.—Any plan or procedures imple12 mented pursuant to subsection (a) shall be appropriate to 

13 the size and complexity of the grant, contract, or coopera14 tive agreement and to the nature and scope of its activi15 ties, including the number of non-United States citizens 

16 expected to be employed. 

17 (c) DISCLOSURE.—The recipient shall provide a copy 

18 of the plan to the contracting or grant officer upon re19 quest, and as appropriate, shall post the useful and rel20 evant contents of the plan or related materials on its 

21 website and at the workplace. 

22 (d) GUIDANCE.—The President, in consultation with 

23 the Secretary of State, the Attorney General, the Sec24 retary of Defense, the Secretary of Labor, the Secretary 

25 of Homeland Security, the Administrator for the United 


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1 States Agency for International Development, and the 

2 heads of such other executive agencies as the President 

3 deems appropriate, shall establish minimum requirements 

4 for contractor plans and procedures to be implemented 

5 pursuant to this section. 

6 SEC. 1704. MONITORING AND INVESTIGATION OF TRAF7 FICKING IN PERSONS. 

8 (a) REFERRAL AND INVESTIGATION.—

9 (1) REFERRAL.—If the contracting or grant of10 ficer of an executive agency for a grant, contract, or 

11 cooperative agreement receives credible information 

12 that a recipient of the grant, contract, or cooperative 

13 agreement; any subgrantee or subcontractor of the 

14 recipient; or any agent of the recipient or of such a 

15 subgrantee or subcontractor, has engaged in an ac16 tivity described in section 106(g) of the Trafficking 

17 Victims Protection Act of 2000 (22 U.S.C. 7104(g)), 

18 as amended by section 1702, including a report from 

19 a contracting officer representative, an auditor, an 

20 alleged victim or victim’s representative, or any 

21 other credible source, the contracting or grant offi22 cer shall promptly refer the matter to the agency’s 

23 Office of Inspector General for investigation. The 

24 contracting officer may also direct the contractor to 

25 take specific steps to abate an alleged violation or 


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1 enforce the requirements of a compliance plan imple2 mented pursuant to section 1703. 

3 (2) INVESTIGATION.—An Inspector General 

4 who receives a referral under paragraph (1) or oth5 erwise receives credible information that a recipient 

6 of the grant, contract, or cooperative agreement; any 

7 subgrantee or subcontractor of the recipient; or any 

8 agent of the recipient or of such a subgrantee or 

9 subcontractor, has engaged in an activity described 

10 in section 106(g) of the Trafficking Victims Protec11 tion Act of 2000 (22 U.S.C. 7104(g)), as amended 

12 by section 1702, shall promptly review the referral 

13 or information and determine whether to initiate an 

14 investigation of the matter. In the event that an In15 spector General does not initiate an investigation, 

16 the Inspector General shall document the rationale 

17 for the decision not to investigate. 

18 (3) CRIMINAL INVESTIGATION.—If the matter 

19 is referred to the Department of Justice for criminal 

20 prosecution, the Inspector General may suspend any 

21 investigation under this subsection pending the out22 come of the criminal prosecution. The Inspector 

23 General shall notify the head of the executive agency 

24 that awarded the contract, grant, or cooperative 

25 agreement of an indictment, information, or criminal 


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1 complaint against the recipient of a contract, grant, 

2 or cooperative agreement; any subgrantee or subcon3 tractor of the recipient; or any agent of the recipient 

4 or of a subgrantee or subcontractor. If the criminal 

5 investigation results in a decision not to prosecute, 

6 the Inspector General shall promptly determine 

7 whether to resume any investigation that was sus8 pended pursuant to this paragraph. In the event 

9 that an Inspector General does not resume an inves10 tigation, the Inspector General shall document the 

11 rationale for the decision. 

12 (b) REPORT.—Upon completion of an investigation 

13 under subsection (a), the Inspector General shall submit 

14 a report on the investigation to the head of the executive 

15 agency that awarded the contract, grant, or cooperative 

16 agreement. The report shall include the Inspector Gen17 eral’s conclusions regarding whether or not any allegations 

18 that the recipient of a grant, contract, or cooperative 

19 agreement; any subcontractor or subgrantee of the recipi20 ent; or any agent of the recipient or of such a subcon21 tractor or subgrantee, engaged in any of the activities de22 scribed in section 106(g) of the Trafficking Victims Pro23 tection Act of 2000 (22 U.S.C. 7104(g)), as amended by 

24 section 1702, are substantiated. 

25 (c) REMEDIAL ACTIONS.—


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1 (1) IN GENERAL.—Upon receipt of an Inspector 

2 General’s report substantiating an allegation that 

3 the recipient of a contract, grant, or cooperative 

4 agreement; any subgrantee or subcontractor of the 

5 recipient; or any agent of the recipient or of a sub6 grantee or subcontractor, engaged in any of the ac7 tivities described in section 106(g) of the Trafficking 

8 Victims Protection Act of 2000 (22 U.S.C. 7104(g)), 

9 as amended by section 1702, or notification of an in10 dictment, information, or criminal complaint for an 

11 offense under subsection (a)(3), the head of agency 

12 shall consider taking one or more of the following re13 medial actions: 

14 (A) Requiring the recipient to remove an 

15 employee from the performance of work under 

16 the grant, contract, or cooperative agreement. 

17 (B) Requiring the recipient to terminate a 

18 subcontract or subgrant. 

19 (C) Suspending payments under the grant, 

20 contract, or cooperative agreement until such 

21 time as the recipient of the grant, contract, or 

22 cooperative agreement has taken appropriate 

23 remedial action. 

24 (D) Withholding award fees, consistent 

25 with the award fee plan, for the performance 


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1 period in which the agency determined the con2 tractor or subcontractor engaged in any of the 

3 activities described in such section 106(g). 

4 (E) Declining to exercise available options 

5 under the contract. 

6 (F) Terminating the contract for default 

7 or cause, in accordance with the termination 

8 clause for the contract. 

9 (G) Referring the matter to the agency 

10 suspension and debarment official. 

11 (2) SAVINGS CLAUSE.—Nothing in this sub12 section shall be construed as limiting the scope of 

13 applicable remedies available to the Federal Govern14 ment. 

15 (3) MITIGATING FACTOR.—Where applicable, 

16 the head of an executive agency may consider wheth17 er the contractor or grantee had a plan in place 

18 under section 1703, and was in compliance with that 

19 plan at the time of the violation, as a mitigating fac20 tor in determining which remedies, if any, should 

21 apply. 

22 (4) AGGRAVATING FACTOR.—Where applicable, 

23 the head of an executive agency may consider the 

24 failure of a contractor or grantee to abate an alleged 

25 violation or enforce the requirements of a compliance 


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1 plan when directed by a contracting officer pursuant 

2 to subsection (a)(1) as an aggravating factor in de3 termining which remedies, if any, should apply. 

4 (d) INCLUSION OF REPORT CONCLUSIONS IN

5 FAPIIS.—

6 (1) IN GENERAL.—The head of an executive 

7 agency shall ensure that any substantiated allegation 

8 in the report under subsection (b) is included in the 

9 Federal Awardee Performance and Integrity Infor10 mation System (FAPIIS) and that the contractor 

11 has an opportunity to respond to any such report in 

12 accordance with applicable statutes and regulations. 

13 (2) AMENDMENT TO TITLE 41, UNITED STATES

14 CODE.—Section 2313(c)(1)(E) of title 41, United 

15 States Code, is amended to read as follows: 

16 ‘‘(E) In an administrative proceeding—

17 ‘‘(i) a final determination of con18 tractor fault by the Secretary of Defense 

19 pursuant to section 823(d) of the National 

20 Defense Authorization Act for Fiscal Year 

21 2010 (10 U.S.C. 2302 note; Public Law 

22 111–84); or 

23 ‘‘(ii) a substantiated allegation, pursu24 ant to section 1704(b) of the National De25 fense Authorization Act for Fiscal Year 


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1 2013, that the contractor, a subcontractor, 

2 or an agent of the contractor or subcon3 tractor engaged in any of the activities de4 scribed in section 106(g) of the Trafficking 

5 Victims Protection Act of 2000 (22 U.S.C. 

6 7104(g)).’’. 

7 SEC. 1705. NOTIFICATION TO INSPECTORS GENERAL AND 

8 COOPERATION WITH GOVERNMENT. 

9 The head of an executive agency making or awarding 

10 a grant, contract, or cooperative agreement shall require 

11 that the recipient of the grant, contract, or cooperative 

12 agreement—

13 (1) immediately inform the Inspector General of 

14 the executive agency of any information it receives 

15 from any source that alleges credible information 

16 that the recipient; any subcontractor or subgrantee 

17 of the recipient; or any agent of the recipient or of 

18 such a subcontractor or subgrantee, has engaged in 

19 conduct described in section 106(g) of the Traf20 ficking in Victims Protection Act of 2000 (22 U.S.C. 

21 7104(g)), as amended by section 1702 of this Act; 

22 and 

23 (2) fully cooperate with any Federal agencies 

24 responsible for audits, investigations, or corrective 

25 actions relating to trafficking in persons. 


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1 SEC. 1706. EXPANSION OF PENALTIES FOR FRAUD IN FOR2 EIGN LABOR CONTRACTING TO INCLUDE AT3 TEMPTED FRAUD AND WORK OUTSIDE THE 

4 UNITED STATES. 

5 (a) IN GENERAL.—Section 1351 of title 18, United 

6 States Code, is amended—

7 (1) by striking ‘‘Whoever knowingly and with 

8 the intent to defraud recruits, solicits or hires a per9 son outside the United States’’ and inserting ‘‘(a) 

10 WORK INSIDE THE UNITED STATES.—Whoever 

11 knowingly and with intent to defraud recruits, solic12 its, or hires a person outside the United States or 

13 causes another person to recruit, solicit, or hire a 

14 person outside the United States, or attempts to do 

15 so,’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(b) WORK OUTSIDE THE UNITED STATES.—Who19 ever knowingly and with intent to defraud recruits, solic20 its, or hires a person outside the United States or causes 

21 another person to recruit, solicit, or hire a person outside 

22 the United States, or attempts to do so, for purposes of 

23 employment performed on a United States Government 

24 contract performed outside the United States, or on a 

25 United States military installation or mission outside the 

26 United States or other property or premises outside the 


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1 United States owned or controlled by the United States 

2 Government, by means of materially false or fraudulent 

3 pretenses, representations, or promises regarding that em4 ployment, shall be fined under this title or imprisoned for 

5 not more than 5 years, or both.’’. 

6 (b) SPECIAL RULE FOR ALIEN VICTIMS.—No alien 

7 may be admitted to the United States pursuant to sub8 paragraph (U) of section 101(a)(15) of the Immigration 

9 and Nationality Act (8 U.S.C. 1101(a)(15)) as a result 

10 of the alien being a victim of a crime described in sub11 section (b) of section 1351 of title 18, United States Code, 

12 as added by subsection (a). 

13 SEC. 1707. IMPROVING DEPARTMENT OF DEFENSE AC14 COUNTABILITY FOR REPORTING TRAF15 FICKING IN PERSONS CLAIMS AND VIOLA16 TIONS. 

17 Section 105(d)(7)(H) of the Trafficking Victims Pro18 tection Act of 2000 (22 U.S.C. 7103(d)(7)(H)) is amend19 ed—

20 (1) in clause (ii), by striking ‘‘and’’ at the end; 

21 (2) by redesignating clause (iii) as clause (iv); 

22 (3) by inserting after clause (ii) the following 

23 new clause: 


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1 ‘‘(iii) all known trafficking in persons 

2 cases reported to the Under Secretary of 

3 Defense for Personnel and Readiness;’’; 

4 (4) in clause (iv), as redesignated by paragraph 

5 (2), by inserting ‘‘and’’ at the end after the semi6 colon; and 

7 (5) by adding at the end the following new 

8 clause: 

9 ‘‘(v) all trafficking in persons activi10 ties of contractors reported to the Under 

11 Secretary of Defense for Acquisition, Tech12 nology, and Logistics;’’. 

13 SEC. 1708. RULES OF CONSTRUCTION; EFFECTIVE DATE. 

14 (a) LIABILITY.—Excluding section 1706, nothing in 

15 this title shall be construed to supersede, enlarge, or di16 minish the common law or statutory liabilities of any 

17 grantee, subgrantee, contractor, subcontractor, or other 

18 party covered by section 106(g) of the Trafficking Victims 

19 Protection Act of 2000 (22 U.S.C. 7104(g)), as amended 

20 by section 1702. 

21 (b) AUTHORITY OF DEPARTMENT OF JUSTICE.—

22 Nothing in this title shall be construed as diminishing or 

23 otherwise modifying the authority of the Attorney General 

24 to investigate activities covered by this title. 

25 (c) IMPLEMENTATION AND EFFECTIVE DATES.—


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1 (1) CONTRACTING REQUIREMENTS.—

2 (A) Not later than 270 days after the date 

3 of the enactment of this Act, the Federal Acqui4 sition Regulation shall be amended to carry out 

5 the requirements of sections 1702, 1703, and 

6 1704(c), and the second sentence of section 

7 1704(a)(1), of this title. 

8 (B) The requirements of sections 1702, 

9 1703, and 1704(c), and the second sentence of 

10 section 1704(a)(1), of this title, shall apply to 

11 grants, contracts, and cooperative agreements 

12 entered into on or after the date that is 270 

13 days after the date of the enactment of this 

14 Act, and to task and delivery orders awarded on 

15 or after such date pursuant to contracts entered 

16 before, on, or after such date. 

17 (2) INVESTIGATIVE AND PROCEDURAL RE18 QUIREMENTS.—Federal agencies shall implement the 

19 requirements of sections 1704, 1705, and 1707 

20 (other than subsection (c) of section 1704) not later 

21 than 90 days after the date of the enactment of this 

22 Act. 

23 (3) CRIMINAL LAW CHANGES.—The amend24 ments made by section 1706 shall take effect upon 


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1 the date of enactment and shall apply to conduct 

2 taking place on or after such date. 

3 TITLE XVIII—FEDERAL ASSIST4 ANCE 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.

5 Subtitle A—Fire Grants 

6 Reauthorization 

7 SEC. 1801. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Fire Grants Reau9 thorization Act of 2012’’. 

10 SEC. 1802. AMENDMENTS TO DEFINITIONS. 

11 (a) IN GENERAL.—Section 4 of the Federal Fire Pre12 vention and Control Act of 1974 (15 U.S.C. 2203) is 

13 amended—

14 (1) in paragraph (3), by inserting ‘‘, except as 

15 otherwise provided,’’ after ‘‘means’’; 


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1 (2) in paragraph (4), by striking ‘‘ ‘Director’ 

2 means’’ and all that follows through ‘‘Agency;’’ and 

3 inserting ‘‘ ‘Administrator of FEMA’ means the Ad4 ministrator of the Federal Emergency Management 

5 Agency;’’; 

6 (3) in paragraph (5)—

7 (A) by inserting ‘‘Indian tribe,’’ after 

8 ‘‘county,’’; and 

9 (B) by striking ‘‘and ‘firecontrol’ ’’ and in10 serting ‘‘and ‘fire control’ ’’; 

11 (4) by redesignating paragraphs (6) through 

12 (9) as paragraphs (7) through (10), respectively; 

13 (5) by inserting after paragraph (5), the fol14 lowing: 

15 ‘‘(6) ‘Indian tribe’ has the meaning given that 

16 term in section 4 of the Indian Self-Determination 

17 and Education Assistance Act (25 U.S.C. 450b) and 

18 ‘tribal’ means of or pertaining to an Indian tribe;’’; 

19 (6) by redesignating paragraphs (9) and (10), 

20 as redesignated by paragraph (4), as paragraphs 

21 (10) and (11); 

22 (7) by inserting after paragraph (8), as redesig23 nated by paragraph (4), the following: 

24 ‘‘(9) ‘Secretary’ means, except as otherwise pro25 vided, the Secretary of Homeland Security;’’; and 


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1 (8) by amending paragraph (10), as redesig2 nated by paragraph (6), to read as follows: 

3 ‘‘(10) ‘State’ has the meaning given the term in 

4 section 2 of the Homeland Security Act of 2002 (6 

5 U.S.C. 101).’’. 

6 (b) CONFORMING AMENDMENTS.—

7 (1) ADMINISTRATOR OF FEMA.—The Federal 

8 Fire Prevention and Control Act of 1974 (15 U.S.C. 

9 2201 et seq.) is amended by striking ‘‘Director’’ 

10 each place it appears and inserting ‘‘Administrator 

11 of FEMA’’. 

12 (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec13 tion 15 of such Act (15 U.S.C. 2214) is amended by 

14 striking ‘‘Director’s Award’’ each place it appears 

15 and inserting ‘‘Administrator’s Award’’. 

16 SEC. 1803. ASSISTANCE TO FIREFIGHTERS GRANTS. 

17 Section 33 of the Federal Fire Prevention and Con18 trol Act of 1974 (15 U.S.C. 2229) is amended to read 

19 as follows: 

20 ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) ADMINISTRATOR OF FEMA.—The term 

23 ‘Administrator of FEMA’ means the Administrator 

24 of FEMA, acting through the Administrator. 


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1 ‘‘(2) AVAILABLE GRANT FUNDS.—The term 

2 ‘available grant funds’, with respect to a fiscal year, 

3 means those funds appropriated pursuant to the au4 thorization of appropriations in subsection (q)(1) for 

5 such fiscal year less any funds used for administra6 tive costs pursuant to subsection (q)(2) in such fis7 cal year. 

8 ‘‘(3) CAREER FIRE DEPARTMENT.—The term 

9 ‘career fire department’ means a fire department 

10 that has an all-paid force of firefighting personnel 

11 other than paid-on-call firefighters. 

12 ‘‘(4) COMBINATION FIRE DEPARTMENT.—The 

13 term ‘combination fire department’ means a fire de14 partment that has—

15 ‘‘(A) paid firefighting personnel; and 

16 ‘‘(B) volunteer firefighting personnel. 

17 ‘‘(5) FIREFIGHTING PERSONNEL.—The term 

18 ‘firefighting personnel’ means individuals, including 

19 volunteers, who are firefighters, officers of fire de20 partments, or emergency medical service personnel 

21 of fire departments. 

22 ‘‘(6) INSTITUTION OF HIGHER EDUCATION.—

23 The term ‘institution of higher education’ has the 

24 meaning given such term in section 101 of the High25 er Education Act of 1965 (20 U.S.C. 1001). 


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1 ‘‘(7) NONAFFILIATED EMS ORGANIZATION.—

2 The term ‘nonaffiliated EMS organization’ means a 

3 public or private nonprofit emergency medical serv4 ices organization that is not affiliated with a hospital 

5 and does not serve a geographic area in which the 

6 Administrator of FEMA finds that emergency med7 ical services are adequately provided by a fire de8 partment. 

9 ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ 

10 with respect to firefighting personnel means fire11 fighting personnel who are paid a stipend for each 

12 event to which they respond. 

13 ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The 

14 term ‘volunteer fire department’ means a fire de15 partment that has an all-volunteer force of fire16 fighting personnel. 

17 ‘‘(b) ASSISTANCE PROGRAM.—

18 ‘‘(1) AUTHORITY.—In accordance with this sec19 tion, the Administrator of FEMA may award—

20 ‘‘(A) assistance to firefighters grants under 

21 subsection (c); and 

22 ‘‘(B) fire prevention and safety grants and 

23 other assistance under subsection (d). 

24 ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad25 ministrator of FEMA shall—


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1 ‘‘(A) establish specific criteria for the se2 lection of grant recipients under this section; 

3 and 

4 ‘‘(B) provide assistance with application 

5 preparation to applicants for such grants. 

6 ‘‘(c) ASSISTANCE TO FIREFIGHTERS GRANTS.—

7 ‘‘(1) IN GENERAL.—The Administrator of 

8 FEMA may, in consultation with the chief executives 

9 of the States in which the recipients are located, 

10 award grants on a competitive basis directly to—

11 ‘‘(A) fire departments, for the purpose of 

12 protecting the health and safety of the public 

13 and firefighting personnel throughout the 

14 United States against fire, fire-related, and 

15 other hazards; 

16 ‘‘(B) nonaffiliated EMS organizations to 

17 support the provision of emergency medical 

18 services; and 

19 ‘‘(C) State fire training academies for the 

20 purposes described in subparagraphs (G), (H), 

21 and (I) of paragraph (3). 

22 ‘‘(2) MAXIMUM GRANT AMOUNTS.—

23 ‘‘(A) POPULATION.—The Administrator of 

24 FEMA may not award a grant under this sub25 section in excess of amounts as follows: 


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1 ‘‘(i) In the case of a recipient that 

2 serves a jurisdiction with 100,000 people 

3 or fewer, the amount of the grant awarded 

4 to such recipient shall not exceed 

5 $1,000,000 in any fiscal year. 

6 ‘‘(ii) In the case of a recipient that 

7 serves a jurisdiction with more than 

8 100,000 people but not more than 500,000 

9 people, the amount of the grant awarded 

10 to such recipient shall not exceed 

11 $2,000,000 in any fiscal year. 

12 ‘‘(iii) In the case of a recipient that 

13 serves a jurisdiction with more than 

14 500,000 but not more than 1,000,000 peo15 ple, the amount of the grant awarded to 

16 such recipient shall not exceed $3,000,000 

17 in any fiscal year. 

18 ‘‘(iv) In the case of a recipient that 

19 serves a jurisdiction with more than 

20 1,000,000 people but not more than 

21 2,500,000 people, the amount of the grant 

22 awarded to such recipient shall not exceed 

23 $6,000,000 for any fiscal year. 

24 ‘‘(v) In the case of a recipient that 

25 serves a jurisdiction with more than 


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1 2,500,000 people, the amount of the grant 

2 awarded to such recipient shall not exceed 

3 $9,000,000 in any fiscal year. 

4 ‘‘(B) AGGREGATE.—

5 ‘‘(i) IN GENERAL.—Notwithstanding 

6 subparagraphs (A) and (B) and except as 

7 provided under clause (ii), the Adminis8 trator of FEMA may not award a grant 

9 under this subsection in a fiscal year in an 

10 amount that exceeds the amount that is 

11 one percent of the available grant funds in 

12 such fiscal year. 

13 ‘‘(ii) EXCEPTION.—The Administrator 

14 of FEMA may waive the limitation in 

15 clause (i) with respect to a grant recipient 

16 if the Administrator of FEMA determines 

17 that such recipient has an extraordinary 

18 need for a grant in an amount that exceeds 

19 the limit under clause (i). 

20 ‘‘(3) USE OF GRANT FUNDS.—Each entity re21 ceiving a grant under this subsection shall use the 

22 grant for one or more of the following purposes: 

23 ‘‘(A) To train firefighting personnel in—

24 ‘‘(i) firefighting; 


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1 ‘‘(ii) emergency medical services and 

2 other emergency response (including re3 sponse to natural disasters, acts of ter4 rorism, and other man-made disasters); 

5 ‘‘(iii) arson prevention and detection; 

6 ‘‘(iv) maritime firefighting; or 

7 ‘‘(v) the handling of hazardous mate8 rials. 

9 ‘‘(B) To train firefighting personnel to 

10 provide any of the training described under sub11 paragraph (A). 

12 ‘‘(C) To fund the creation of rapid inter13 vention teams to protect firefighting personnel 

14 at the scenes of fires and other emergencies. 

15 ‘‘(D) To certify—

16 ‘‘(i) fire inspectors; and 

17 ‘‘(ii) building inspectors—

18 ‘‘(I) whose responsibilities include 

19 fire safety inspections; and 

20 ‘‘(II) who are employed by or 

21 serving as volunteers with a fire de22 partment. 

23 ‘‘(E) To establish wellness and fitness pro24 grams for firefighting personnel to ensure that 

25 the firefighting personnel are able to carry out 


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1 their duties as firefighters, including programs 

2 dedicated to raising awareness of, and preven3 tion of, job-related mental health issues. 

4 ‘‘(F) To fund emergency medical services 

5 provided by fire departments and nonaffiliated 

6 EMS organizations. 

7 ‘‘(G) To acquire additional firefighting ve8 hicles, including fire trucks and other appa9 ratus. 

10 ‘‘(H) To acquire additional firefighting 

11 equipment, including equipment for—

12 ‘‘(i) fighting fires with foam in remote 

13 areas without access to water; and 

14 ‘‘(ii) communications, monitoring, and 

15 response to a natural disaster, act of ter16 rorism, or other man-made disaster, in17 cluding the use of a weapon of mass de18 struction. 

19 ‘‘(I) To acquire personal protective equip20 ment, including personal protective equip21 ment—

22 ‘‘(i) prescribed for firefighting per23 sonnel by the Occupational Safety and 

24 Health Administration of the Department 

25 of Labor; or 


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1 ‘‘(ii) for responding to a natural dis2 aster or act of terrorism or other man3 made disaster, including the use of a weap4 on of mass destruction. 

5 ‘‘(J) To modify fire stations, fire training 

6 facilities, and other facilities to protect the 

7 health and safety of firefighting personnel. 

8 ‘‘(K) To educate the public about arson 

9 prevention and detection. 

10 ‘‘(L) To provide incentives for the recruit11 ment and retention of volunteer firefighting 

12 personnel for volunteer firefighting departments 

13 and other firefighting departments that utilize 

14 volunteers. 

15 ‘‘(M) To support such other activities, con16 sistent with the purposes of this subsection, as 

17 the Administrator of FEMA determines appro18 priate. 

19 ‘‘(d) FIRE PREVENTION AND SAFETY GRANTS.—

20 ‘‘(1) IN GENERAL.—For the purpose of assist21 ing fire prevention programs and supporting fire22 fighter health and safety research and development, 

23 the Administrator of FEMA may, on a competitive 

24 basis—

25 ‘‘(A) award grants to fire departments; 


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1 ‘‘(B) award grants to, or enter into con2 tracts or cooperative agreements with, national, 

3 State, local, tribal, or nonprofit organizations 

4 that are not fire departments and that are rec5 ognized for their experience and expertise with 

6 respect to fire prevention or fire safety pro7 grams and activities and firefighter research 

8 and development programs, for the purpose of 

9 carrying out—

10 ‘‘(i) fire prevention programs; and 

11 ‘‘(ii) research to improve firefighter 

12 health and life safety; and 

13 ‘‘(C) award grants to institutions of higher 

14 education, national fire service organizations, or 

15 national fire safety organizations to establish 

16 and operate fire safety research centers. 

17 ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant 

18 awarded under this subsection may not exceed 

19 $1,500,000 for a fiscal year. 

20 ‘‘(3) USE OF GRANT FUNDS.—Each entity re21 ceiving a grant under this subsection shall use the 

22 grant for one or more of the following purposes: 

23 ‘‘(A) To enforce fire codes and promote 

24 compliance with fire safety standards. 


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1 ‘‘(B) To fund fire prevention programs, in2 cluding programs that educate the public about 

3 arson prevention and detection. 

4 ‘‘(C) To fund wildland fire prevention pro5 grams, including education, awareness, and 

6 mitigation programs that protect lives, prop7 erty, and natural resources from fire in the 

8 wildland-urban interface. 

9 ‘‘(D) In the case of a grant awarded under 

10 paragraph (1)(C), to fund the establishment or 

11 operation of a fire safety research center for the 

12 purpose of significantly reducing the number of 

13 fire-related deaths and injuries among fire14 fighters and the general public through re15 search, development, and technology transfer 

16 activities. 

17 ‘‘(E) To support such other activities, con18 sistent with the purposes of this subsection, as 

19 the Administrator of FEMA determines appro20 priate. 

21 ‘‘(4) LIMITATION.—None of the funds made 

22 available under this subsection may be provided to 

23 the Association of Community Organizations for Re24 form Now (ACORN) or any of its affiliates, subsidi25 aries, or allied organizations. 


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1 ‘‘(e) APPLICATIONS FOR GRANTS.—

2 ‘‘(1) IN GENERAL.—An entity seeking a grant 

3 under this section shall submit to the Administrator 

4 of FEMA an application therefor in such form and 

5 in such manner as the Administrator of FEMA de6 termines appropriate. 

7 ‘‘(2) ELEMENTS.—Each application submitted 

8 under paragraph (1) shall include the following: 

9 ‘‘(A) A description of the financial need of 

10 the applicant for the grant. 

11 ‘‘(B) An analysis of the costs and benefits, 

12 with respect to public safety, of the use for 

13 which a grant is requested. 

14 ‘‘(C) An agreement to provide information 

15 to the national fire incident reporting system 

16 for the period covered by the grant. 

17 ‘‘(D) A list of other sources of funding re18 ceived by the applicant—

19 ‘‘(i) for the same purpose for which 

20 the application for a grant under this sec21 tion was submitted; or 

22 ‘‘(ii) from the Federal Government for 

23 other fire-related purposes. 

24 ‘‘(E) Such other information as the Ad25 ministrator of FEMA determines appropriate. 


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1 ‘‘(3) JOINT OR REGIONAL APPLICATIONS.—

2 ‘‘(A) IN GENERAL.—Two or more entities 

3 may submit an application under paragraph (1) 

4 for a grant under this section to fund a joint 

5 program or initiative, including acquisition of 

6 shared equipment or vehicles. 

7 ‘‘(B) NONEXCLUSIVITY.—Applications 

8 under this paragraph may be submitted instead 

9 of or in addition to any other application sub10 mitted under paragraph (1). 

11 ‘‘(C) GUIDANCE.—The Administrator of 

12 FEMA shall—

13 ‘‘(i) publish guidance on applying for 

14 and administering grants awarded for joint 

15 programs and initiatives described in sub16 paragraph (A); and 

17 ‘‘(ii) encourage applicants to apply for 

18 grants for joint programs and initiatives 

19 described in subparagraph (A) as the Ad20 ministrator of FEMA determines appro21 priate to achieve greater cost effectiveness 

22 and regional efficiency. 

23 ‘‘(f) PEER REVIEW OF GRANT APPLICATIONS.—

24 ‘‘(1) IN GENERAL.—The Administrator of 

25 FEMA shall, after consultation with national fire 


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1 service and emergency medical services organiza2 tions, appoint fire service personnel to conduct peer 

3 reviews of applications received under subsection 

4 (e)(1). 

5 ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY

6 COMMITTEE ACT.—The Federal Advisory Committee 

7 Act (5 U.S.C. App.) shall not apply to activities car8 ried out pursuant to this subsection. 

9 ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In 

10 awarding grants under this section, the Administrator of 

11 FEMA shall consider the following: 

12 ‘‘(1) The findings and recommendations of the 

13 peer reviews carried out under subsection (f). 

14 ‘‘(2) The degree to which an award will reduce 

15 deaths, injuries, and property damage by reducing 

16 the risks associated with fire-related and other haz17 ards. 

18 ‘‘(3) The extent of the need of an applicant for 

19 a grant under this section and the need to protect 

20 the United States as a whole. 

21 ‘‘(4) The number of calls requesting or requir22 ing a fire fighting or emergency medical response re23 ceived by an applicant. 

24 ‘‘(h) ALLOCATION OF GRANT AWARDS.—In awarding 

25 grants under this section, the Administrator of FEMA 


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1 shall ensure that of the available grant funds in each fiscal 

2 year—

3 ‘‘(1) not less than 25 percent are awarded 

4 under subsection (c) to career fire departments; 

5 ‘‘(2) not less than 25 percent are awarded 

6 under subsection (c) to volunteer fire departments; 

7 ‘‘(3) not less than 25 percent are awarded 

8 under subsection (c) to combination fire departments 

9 and fire departments using paid-on-call firefighting 

10 personnel; 

11 ‘‘(4) not less than 10 percent are available for 

12 open competition among career fire departments, 

13 volunteer fire departments, combination fire depart14 ments, and fire departments using paid-on-call fire15 fighting personnel for grants awarded under sub16 section (c); 

17 ‘‘(5) not less than 10 percent are awarded 

18 under subsection (d); and 

19 ‘‘(6) not more than 2 percent are awarded 

20 under this section to nonaffiliated EMS organiza21 tions described in subsection (c)(1)(B). 

22 ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA23 TIONS.—

24 ‘‘(1) FUNDING FOR EMERGENCY MEDICAL

25 SERVICES.—Not less than 3.5 percent of the availVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01213 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 able grant funds for a fiscal year shall be awarded 

2 under this section for purposes described in sub3 section (c)(3)(F). 

4 ‘‘(2) STATE FIRE TRAINING ACADEMIES.—

5 ‘‘(A) MAXIMUM SHARE.—Not more than 3 

6 percent of the available grant funds for a fiscal 

7 year may be awarded under subsection 

8 (c)(1)(C). 

9 ‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad10 ministrator of FEMA may not award a grant 

11 under subsection (c)(1)(C) to a State fire train12 ing academy in an amount that exceeds 

13 $1,000,000 in any fiscal year. 

14 ‘‘(3) AMOUNTS FOR PURCHASING FIRE15 FIGHTING VEHICLES.—Not more than 25 percent of 

16 the available grant funds for a fiscal year may be 

17 used to assist grant recipients to purchase vehicles 

18 pursuant to subsection (c)(3)(G). 

19 ‘‘(j) FURTHER CONSIDERATIONS.—

20 ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS TO

21 FIRE DEPARTMENTS.—In considering applications 

22 for grants under subsection (c)(1)(A), the Adminis23 trator of FEMA shall consider—

24 ‘‘(A) the extent to which the grant would 

25 enhance the daily operations of the applicant 


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1 and the impact of such a grant on the protec2 tion of lives and property; and 

3 ‘‘(B) a broad range of factors important to 

4 the applicant’s ability to respond to fires and 

5 related hazards, such as the following: 

6 ‘‘(i) Population served. 

7 ‘‘(ii) Geographic response area. 

8 ‘‘(iii) Hazards vulnerability. 

9 ‘‘(iv) Call volume. 

10 ‘‘(v) Financial situation, including un11 employment rate of the area being served. 

12 ‘‘(vi) Need for training or equipment. 

13 ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS

14 ORGANIZATIONS.—In the case of an application sub15 mitted under subsection (e)(1) by a nonaffiliated 

16 EMS organization, the Administrator of FEMA 

17 shall consider the extent to which other sources of 

18 Federal funding are available to the applicant to 

19 provide the assistance requested in such application. 

20 ‘‘(3) AWARDING FIRE PREVENTION AND SAFE21 TY GRANTS TO CERTAIN ORGANIZATIONS THAT ARE

22 NOT FIRE DEPARTMENTS.—In the case of applicants 

23 for grants under this section who are described in 

24 subsection (d)(1)(B), the Administrator of FEMA 

25 shall give priority to applicants who focus on—


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1 ‘‘(A) prevention of injuries to high risk 

2 groups from fire; and 

3 ‘‘(B) research programs that demonstrate 

4 a potential to improve firefighter safety. 

5 ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE6 SEARCH CENTERS.—

7 ‘‘(A) CONSIDERATIONS.—In awarding 

8 grants under subsection (d)(1)(C), the Adminis9 trator of FEMA shall—

10 ‘‘(i) select each grant recipient on—

11 ‘‘(I) the demonstrated research 

12 and extension resources available to 

13 the recipient to carry out the re14 search, development, and technology 

15 transfer activities; 

16 ‘‘(II) the capability of the recipi17 ent to provide leadership in making 

18 national contributions to fire safety; 

19 ‘‘(III) the recipient’s ability to 

20 disseminate the results of fire safety 

21 research; and 

22 ‘‘(IV) the strategic plan the re23 cipient proposes to carry out under 

24 the grant; 


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1 ‘‘(ii) give special consideration in se2 lecting recipients under subparagraph (A) 

3 to an applicant for a grant that consists of 

4 a partnership between—

5 ‘‘(I) a national fire service orga6 nization or a national fire safety orga7 nization; and 

8 ‘‘(II) an institution of higher 

9 education, including a minority-serv10 ing institution (as described in section 

11 371(a) of the Higher Education Act 

12 of 1965 (20 U.S.C. 1067q(a))); and 

13 ‘‘(iii) consider the research needs 

14 identified and prioritized through the 

15 workshop required by subparagraph (B)(i). 

16 ‘‘(B) RESEARCH NEEDS.—

17 ‘‘(i) IN GENERAL.—Not later than 90 

18 days after the date of the enactment of the 

19 Fire Grants Reauthorization Act of 2012, 

20 the Administrator of FEMA shall convene 

21 a workshop of the fire safety research com22 munity, fire service organizations, and 

23 other appropriate stakeholders to identify 

24 and prioritize fire safety research needs. 


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1 ‘‘(ii) PUBLICATION.—The Adminis2 trator of FEMA shall ensure that the re3 sults of the workshop are made available to 

4 the public. 

5 ‘‘(C) LIMITATIONS ON GRANTS FOR FIRE

6 SAFETY RESEARCH CENTERS.—

7 ‘‘(i) IN GENERAL.—The Administrator 

8 of FEMA may award grants under sub9 section (d) to establish not more than 3 

10 fire safety research centers. 

11 ‘‘(ii) RECIPIENTS.—An institution of 

12 higher education, a national fire service or13 ganization, and a national fire safety orga14 nization may not directly receive a grant 

15 under subsection (d) for a fiscal year for 

16 more than 1 fire safety research center. 

17 ‘‘(5) AVOIDING DUPLICATION.—The Adminis18 trator of FEMA shall review lists submitted by ap19 plicants pursuant to subsection (e)(2)(D) and take 

20 such actions as the Administrator of FEMA con21 siders necessary to prevent unnecessary duplication 

22 of grant awards. 

23 ‘‘(k) MATCHING AND MAINTENANCE OF EXPENDI24 TURE REQUIREMENTS.—


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1 ‘‘(1) MATCHING REQUIREMENT FOR ASSIST2 ANCE TO FIREFIGHTERS GRANTS.—

3 ‘‘(A) IN GENERAL.—Except as provided in 

4 subparagraph (B), an applicant seeking a grant 

5 to carry out an activity under subsection (c) 

6 shall agree to make available non-Federal funds 

7 to carry out such activity in an amount equal 

8 to not less than 15 percent of the grant award9 ed to such applicant under such subsection. 

10 ‘‘(B) EXCEPTION FOR ENTITIES SERVING

11 SMALL COMMUNITIES.—In the case that an ap12 plicant seeking a grant to carry out an activity 

13 under subsection (c) serves a jurisdiction of—

14 ‘‘(i) more than 20,000 residents but 

15 not more than 1,000,000 residents, the ap16 plication shall agree to make available non17 Federal funds in an amount equal to not 

18 less than 10 percent of the grant awarded 

19 to such applicant under such subsection; 

20 and 

21 ‘‘(ii) 20,000 residents or fewer, the 

22 applicant shall agree to make available 

23 non-Federal funds in an amount equal to 

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1 ed to such applicant under such sub2 section. 

3 ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE4 VENTION AND SAFETY GRANTS.—

5 ‘‘(A) IN GENERAL.—An applicant seeking 

6 a grant to carry out an activity under sub7 section (d) shall agree to make available non8 Federal funds to carry out such activity in an 

9 amount equal to not less than 5 percent of the 

10 grant awarded to such applicant under such 

11 subsection. 

12 ‘‘(B) MEANS OF MATCHING.—An applicant 

13 for a grant under subsection (d) may meet the 

14 matching requirement under subparagraph (A) 

15 through direct funding, funding of complemen16 tary activities, or the provision of staff, facili17 ties, services, material, or equipment. 

18 ‘‘(3) MAINTENANCE OF EXPENDITURES.—An 

19 applicant seeking a grant under subsection (c) or (d) 

20 shall agree to maintain during the term of the grant 

21 the applicant’s aggregate expenditures relating to 

22 the uses described in subsections (c)(3) and (d)(3) 

23 at not less than 80 percent of the average amount 

24 of such expenditures in the 2 fiscal years preceding 


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1 the fiscal year in which the grant amounts are re2 ceived. 

3 ‘‘(4) WAIVER.—

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (C)(ii), the Administrator of 

6 FEMA may waive or reduce the requirements 

7 of paragraphs (1), (2), and (3) in cases of dem8 onstrated economic hardship. 

9 ‘‘(B) GUIDELINES.—

10 ‘‘(i) IN GENERAL.—The Administrator 

11 of FEMA shall establish and publish 

12 guidelines for determining what constitutes 

13 economic hardship for purposes of this 

14 paragraph. 

15 ‘‘(ii) CONSULTATION.—In developing 

16 guidelines under clause (i), the Adminis17 trator of FEMA shall consult with individ18 uals who are—

19 ‘‘(I) recognized for expertise in 

20 firefighting, emergency medical serv21 ices provided by fire services, or the 

22 economic affairs of State and local 

23 governments; and 

24 ‘‘(II) members of national fire 

25 service organizations or national orgaVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01221 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 nizations representing the interests of 

2 State and local governments. 

3 ‘‘(iii) CONSIDERATIONS.—In devel4 oping guidelines under clause (i), the Ad5 ministrator of FEMA shall consider, with 

6 respect to relevant communities, the fol7 lowing: 

8 ‘‘(I) Changes in rates of unem9 ployment from previous years. 

10 ‘‘(II) Whether the rates of unem11 ployment of the relevant communities 

12 are currently and have consistently ex13 ceeded the annual national average 

14 rates of unemployment. 

15 ‘‘(III) Changes in percentages of 

16 individuals eligible to receive food 

17 stamps from previous years. 

18 ‘‘(IV) Such other factors as the 

19 Administrator of FEMA considers ap20 propriate. 

21 ‘‘(C) CERTAIN APPLICANTS FOR FIRE PRE22 VENTION AND SAFETY GRANTS.—The authority 

23 under subparagraph (A) shall not apply with 

24 respect to a nonprofit organization that—


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1 ‘‘(i) is described in subsection 

2 (d)(1)(B); and 

3 ‘‘(ii) is not a fire department or emer4 gency medical services organization. 

5 ‘‘(l) GRANT GUIDELINES.—

6 ‘‘(1) GUIDELINES.—For each fiscal year, prior 

7 to awarding any grants under this section, the Ad8 ministrator of FEMA shall publish in the Federal 

9 Register—

10 ‘‘(A) guidelines that describe—

11 ‘‘(i) the process for applying for 

12 grants under this section; and 

13 ‘‘(ii) the criteria that will be used for 

14 selecting grant recipients; and 

15 ‘‘(B) an explanation of any differences be16 tween such guidelines and the recommendations 

17 obtained under paragraph (2). 

18 ‘‘(2) ANNUAL MEETING TO OBTAIN REC19 OMMENDATIONS.—

20 ‘‘(A) IN GENERAL.—For each fiscal year, 

21 the Administrator of FEMA shall convene a 

22 meeting of qualified members of national fire 

23 service organizations and, at the discretion of 

24 the Administrator of FEMA, qualified members 

25 of emergency medical service organizations to 


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1 obtain recommendations regarding the fol2 lowing: 

3 ‘‘(i) Criteria for the awarding of 

4 grants under this section. 

5 ‘‘(ii) Administrative changes to the as6 sistance program established under sub7 section (b). 

8 ‘‘(B) QUALIFIED MEMBERS.—For purposes 

9 of this paragraph, a qualified member of an or10 ganization is a member who—

11 ‘‘(i) is recognized for expertise in fire12 fighting or emergency medical services; 

13 ‘‘(ii) is not an employee of the Federal 

14 Government; and 

15 ‘‘(iii) in the case of a member of an 

16 emergency medical service organization, is 

17 a member of an organization that rep18 resents—

19 ‘‘(I) providers of emergency med20 ical services that are affiliated with 

21 fire departments; or 

22 ‘‘(II) nonaffiliated EMS pro23 viders. 

24 ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY

25 COMMITTEE ACT.—The Federal Advisory Committee 


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1 Act (5 U.S.C. App.) shall not apply to activities car2 ried out under this subsection. 

3 ‘‘(m) ACCOUNTING DETERMINATION.—Notwith4 standing any other provision of law, for purposes of this 

5 section, equipment costs shall include all costs attributable 

6 to any design, purchase of components, assembly, manu7 facture, and transportation of equipment not otherwise 

8 commercially available. 

9 ‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF ALASKA

10 NATIVE VILLAGES.—The Alaska Village Initiatives, a 

11 non-profit organization incorporated in the State of Alas12 ka, shall be eligible to apply for and receive a grant or 

13 other assistance under this section on behalf of Alaska Na14 tive villages. 

15 ‘‘(o) TRAINING STANDARDS.—If an applicant for a 

16 grant under this section is applying for such grant to pur17 chase training that does not meet or exceed any applicable 

18 national voluntary consensus standards, including those 

19 developed under section 647 of the Post-Katrina Emer20 gency Management Reform Act of 2006 (6 U.S.C. 747), 

21 the applicant shall submit to the Administrator of FEMA 

22 an explanation of the reasons that the training proposed 

23 to be purchased will serve the needs of the applicant better 

24 than training that meets or exceeds such standards. 

25 ‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.—


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1 ‘‘(1) AUDITS.—The Administrator of FEMA 

2 may audit a recipient of a grant awarded under this 

3 section to ensure that—

4 ‘‘(A) the grant amounts are expended for 

5 the intended purposes; and 

6 ‘‘(B) the grant recipient complies with the 

7 requirements of subsection (k). 

8 ‘‘(2) PERFORMANCE ASSESSMENT.—

9 ‘‘(A) IN GENERAL.—The Administrator of 

10 FEMA shall develop and implement a perform11 ance assessment system, including quantifiable 

12 performance metrics, to evaluate the extent to 

13 which grants awarded under this section are 

14 furthering the purposes of this section, includ15 ing protecting the health and safety of the pub16 lic and firefighting personnel against fire and 

17 fire-related hazards. 

18 ‘‘(B) CONSULTATION.—The Administrator 

19 of FEMA shall consult with fire service rep20 resentatives and with the Comptroller General 

21 of the United States in developing the assess22 ment system required by subparagraph (A). 

23 ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF

24 FEMA.—Not less frequently than once each year 

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1 tion, the recipient of the grant shall submit to the 

2 Administrator of FEMA an annual report describing 

3 how the recipient used the grant amounts. 

4 ‘‘(4) ANNUAL REPORTS TO CONGRESS.—

5 ‘‘(A) IN GENERAL.—Not later than Sep6 tember 30, 2013, and each year thereafter 

7 through 2017, the Administrator of FEMA 

8 shall submit to the Committee on Homeland 

9 Security and Governmental Affairs of the Sen10 ate and the Committee on Science and Tech11 nology and the Committee on Transportation 

12 and Infrastructure of the House of Representa13 tives a report that provides—

14 ‘‘(i) information on the performance 

15 assessment system developed under para16 graph (2); and 

17 ‘‘(ii) using the performance metrics 

18 developed under such paragraph, an eval19 uation of the effectiveness of the grants 

20 awarded under this section. 

21 ‘‘(B) ADDITIONAL INFORMATION.—The re22 port due under subparagraph (A) on September 

23 30, 2016, shall also include recommendations 

24 for legislative changes to improve grants under 

25 this section. 


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1 ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.—

2 ‘‘(1) IN GENERAL.—There is authorized to be 

3 appropriated to carry out this section—

4 ‘‘(A) $750,000,000 for fiscal year 2013; 

5 and 

6 ‘‘(B) for each of fiscal years 2014 through 

7 2017, an amount equal to the amount author8 ized for the previous fiscal year increased by 

9 the percentage by which—

10 ‘‘(i) the Consumer Price Index (all 

11 items, United States city average) for the 

12 previous fiscal year, exceeds 

13 ‘‘(ii) the Consumer Price Index for 

14 the fiscal year preceding the fiscal year de15 scribed in clause (i). 

16 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 

17 amounts appropriated pursuant to paragraph (1) for 

18 a fiscal year, the Administrator of FEMA may use 

19 not more than 5 percent of such amounts for sala20 ries and expenses and other administrative costs in21 curred by the Administrator of FEMA in the course 

22 of awarding grants and providing assistance under 

23 this section. 

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1 sections (c)(1) and (d)(1) that grants under those 

2 subsections be awarded on a competitive basis, none 

3 of the funds appropriated pursuant to this sub4 section may be used for any congressionally directed 

5 spending item (as defined under the rules of the 

6 Senate and the House of Representatives). 

7 ‘‘(r) SUNSET OF AUTHORITIES.—The authority to 

8 award assistance and grants under this section shall expire 

9 on the date that is 5 years after the date of the enactment 

10 of the Fire Grants Reauthorization Act of 2012.’’. 

11 SEC. 1804. STAFFING FOR ADEQUATE FIRE AND EMER12 GENCY RESPONSE. 

13 (a) IMPROVEMENTS TO HIRING GRANTS.—

14 (1) TERM OF GRANTS.—Subparagraph (B) of 

15 section 34(a)(1) of the Federal Fire Prevention and 

16 Control Act of 1974 (15 U.S.C. 2229a(a)(1)) is 

17 amended to read as follows: 

18 ‘‘(B) Grants made under this paragraph shall 

19 be for 3 years and be used for programs to hire new, 

20 additional firefighters.’’. 

21 (2) LIMITATION OF PORTION OF COSTS OF HIR22 ING FIREFIGHTERS.—Subparagraph (E) of such sec23 tion is amended to read as follows: 


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1 ‘‘(E) The portion of the costs of hiring fire2 fighters provided by a grant under this paragraph 

3 may not exceed—

4 ‘‘(i) 75 percent in the first year of the 

5 grant; 

6 ‘‘(ii) 75 percent in the second year of the 

7 grant; and 

8 ‘‘(iii) 35 percent in the third year of the 

9 grant.’’. 

10 (b) CLARIFICATION REGARDING ELIGIBLE ENTITIES

11 FOR RECRUITMENT AND RETENTION GRANTS.—The sec12 ond sentence of section 34(a)(2) of such Act (15 U.S.C. 

13 2229a(a)(2)) is amended by striking ‘‘organizations on a 

14 local or statewide basis’’ and inserting ‘‘national, State, 

15 local, or tribal organizations’’. 

16 (c) MAXIMUM AMOUNT FOR HIRING A FIRE17 FIGHTER.—Paragraph (4) of section 34(c) of such Act (15 

18 U.S.C. 2229a(c)) is amended to read as follows: 

19 ‘‘(4) The amount of funding provided under this sec20 tion to a recipient fire department for hiring a firefighter 

21 in any fiscal year may not exceed—

22 ‘‘(A) in the first year of the grant, 75 percent 

23 of the usual annual cost of a first-year firefighter in 

24 that department at the time the grant application 

25 was submitted; 


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1 ‘‘(B) in the second year of the grant, 75 per2 cent of the usual annual cost of a first-year fire3 fighter in that department at the time the grant ap4 plication was submitted; and 

5 ‘‘(C) in the third year of the grant, 35 percent 

6 of the usual annual cost of a first-year firefighter in 

7 that department at the time the grant application 

8 was submitted.’’. 

9 (d) WAIVERS.—Section 34 of such Act (15 U.S.C. 

10 2229a) is amended—

11 (1) by redesignating subsections (d) through (i) 

12 as subsections (e) through (j), respectively; and 

13 (2) by inserting after subsection (c) the fol14 lowing: 

15 ‘‘(d) WAIVERS.—

16 ‘‘(1) IN GENERAL.—In a case of demonstrated 

17 economic hardship, the Administrator of FEMA 

18 may—

19 ‘‘(A) waive the requirements of subsection 

20 (c)(1); or 

21 ‘‘(B) waive or reduce the requirements in 

22 subsection (a)(1)(E) or subsection (c)(2). 

23 ‘‘(2) GUIDELINES.—

24 ‘‘(A) IN GENERAL.—The Administrator of 

25 FEMA shall establish and publish guidelines for 


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1 determining what constitutes economic hardship 

2 for purposes of paragraph (1). 

3 ‘‘(B) CONSULTATION.—In developing 

4 guidelines under subparagraph (A), the Admin5 istrator of FEMA shall consult with individuals 

6 who are—

7 ‘‘(i) recognized for expertise in fire8 fighting, emergency medical services pro9 vided by fire services, or the economic af10 fairs of State and local governments; and 

11 ‘‘(ii) members of national fire service 

12 organizations or national organizations 

13 representing the interests of State and 

14 local governments. 

15 ‘‘(C) CONSIDERATIONS.—In developing 

16 guidelines under subparagraph (A), the Admin17 istrator of FEMA shall consider, with respect to 

18 relevant communities, the following: 

19 ‘‘(i) Changes in rates of unemploy20 ment from previous years. 

21 ‘‘(ii) Whether the rates of unemploy22 ment of the relevant communities are cur23 rently and have consistently exceeded the 

24 annual national average rates of unemploy25 ment. 


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1 ‘‘(iii) Changes in percentages of indi2 viduals eligible to receive food stamps from 

3 previous years. 

4 ‘‘(iv) Such other factors as the Ad5 ministrator of FEMA considers appro6 priate.’’. 

7 (e) IMPROVEMENTS TO PERFORMANCE EVALUATION

8 REQUIREMENTS.—Subsection (e) of section 34 of such 

9 Act (15 U.S.C. 2229a), as redesignated by subsection 

10 (d)(1) of this section, is amended by inserting before the 

11 first sentence the following: 

12 ‘‘(1) IN GENERAL.—The Administrator of 

13 FEMA shall establish a performance assessment sys14 tem, including quantifiable performance metrics, to 

15 evaluate the extent to which grants awarded under 

16 this section are furthering the purposes of this sec17 tion. 

18 ‘‘(2) SUBMITTAL OF INFORMATION.—’’. 

19 (f) REPORT.—

20 (1) IN GENERAL.—Subsection (f) of section 34 

21 of such Act (15 U.S.C. 2229a), as redesignated by 

22 subsection (d)(1) of this section, is amended by 

23 striking ‘‘The authority’’ and all that follows 

24 through ‘‘Congress concerning’’ and inserting the 

25 following: ‘‘Not later than September 30, 2014, the 


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1 Administrator of FEMA shall submit to the Com2 mittee on Homeland Security and Governmental Af3 fairs of the Senate and the Committee on Science 

4 and Technology and the Committee on Transpor5 tation and Infrastructure of the House of Represent6 atives a report on’’. 

7 (2) CONFORMING AMENDMENT.—The heading 

8 for subsection (f) of section 34 of such Act (15 

9 U.S.C. 2229a), as redesignated by subsection (d)(1) 

10 of this section, is amended by striking ‘‘SUNSET AND

11 REPORTS’’ and inserting ‘‘REPORT’’. 

12 (g) ADDITIONAL DEFINITIONS.—

13 (1) IN GENERAL.—Subsection (i) of section 34 

14 of such Act (15 U.S.C. 2229a), as redesignated by 

15 subsection (d)(1) of this section, is amended—

16 (A) in the matter before paragraph (1), by 

17 striking ‘‘In this section, the term—’’ and in18 serting ‘‘In this section:’’; 

19 (B) in paragraph (1)—

20 (i) by inserting ‘‘The term’’ before 

21 ‘‘ ‘firefighter’ has’’; and 

22 (ii) by striking ‘‘; and’’ and inserting 

23 a period; 

24 (C) by striking paragraph (2); and 

25 (D) by inserting at the end the following: 


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1 ‘‘(2) The terms ‘Administrator of FEMA’, ‘ca2 reer fire department’, ‘combination fire department’, 

3 and ‘volunteer fire department’ have the meanings 

4 given such terms in section 33(a).’’. 

5 (2) CONFORMING AMENDMENT.—Section 

6 34(a)(1)(A) of such Act (15 U.S.C. 2229a(a)(1)(A)) 

7 is amended by striking ‘‘career, volunteer, and com8 bination fire departments’’ and inserting ‘‘career fire 

9 departments, combination fire departments, and vol10 unteer fire departments’’. 

11 (h) AUTHORIZATION OF APPROPRIATIONS.—

12 (1) IN GENERAL.—Subsection (j) of section 34 

13 of such Act (15 U.S.C. 2229a), as redesignated by 

14 subsection (d)(1) of this section, is amended—

15 (A) in paragraph (6), by striking ‘‘and’’ at 

16 the end; 

17 (B) in paragraph (7), by striking the pe18 riod at the end and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(8) $750,000,000 for fiscal year 2013; and 

21 ‘‘(9) for each of fiscal years 2014 through 

22 2017, an amount equal to the amount authorized for 

23 the previous fiscal year increased by the percentage 

24 by which—


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1 ‘‘(A) the Consumer Price Index (all items, 

2 United States city average) for the previous fis3 cal year, exceeds 

4 ‘‘(B) the Consumer Price Index for the fis5 cal year preceding the fiscal year described in 

6 subparagraph (A).’’. 

7 (2) ADMINISTRATIVE EXPENSES.—Such sub8 section (j) is further amended—

9 (A) in paragraph (9), as added by para10 graph (1) of this subsection, by redesignating 

11 subparagraphs (A) and (B) as clauses (i) and 

12 (ii), respectively, and moving the left margin of 

13 such clauses, as so redesignated, 2 ems to the 

14 right; 

15 (B) by redesignating paragraphs (1) 

16 through (9) as subparagraphs (A) through (I), 

17 respectively, and moving the left margin of such 

18 subparagraphs, as so redesignated, 2 ems to the 

19 right; 

20 (C) by striking ‘‘There are’’ and inserting 

21 the following: 

22 ‘‘(1) IN GENERAL.—There are’’; and 

23 (D) by adding at the end the following: 

24 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 

25 amounts appropriated pursuant to paragraph (1) for 


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1 a fiscal year, the Administrator of FEMA may use 

2 not more than 5 percent of such amounts to cover 

3 salaries and expenses and other administrative costs 

4 incurred by the Administrator of FEMA to make 

5 grants and provide assistance under this section.’’. 

6 (3) CONGRESSIONALLY DIRECTED SPENDING.—

7 Such subsection (j) is further amended by adding at 

8 the end the following: 

9 ‘‘(3) CONGRESSIONALLY DIRECTED SPEND10 ING.—Consistent with the requirement in subsection 

11 (a) that grants under this section be awarded on a 

12 competitive basis, none of the funds appropriated 

13 pursuant to this subsection may be used for any 

14 congressionally direct spending item (as defined 

15 under the rules of the Senate and the House of Rep16 resentatives).’’. 

17 (i) TECHNICAL AMENDMENT.—Section 34 of such 

18 Act (15 U.S.C. 2229a) is amended by striking ‘‘Adminis19 trator’’ each place it appears and inserting ‘‘Administrator 

20 of FEMA’’. 

21 (j) CLERICAL AMENDMENT.—Such section is further 

22 amended in the heading by striking ‘‘EXPANSION OF

23 PRE-SEPTEMBER 11, 2001, FIRE GRANT PROGRAM’’ 

24 and inserting the following: ‘‘STAFFING FOR ADEQUATE

25 FIRE AND EMERGENCY RESPONSE’’. 


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1 (k) SUNSET OF AUTHORITY TO AWARD HIRING

2 GRANTS.—Such section is further amended by adding at 

3 the end the following: 

4 ‘‘(k) SUNSET OF AUTHORITIES.—The authority to 

5 award assistance and grants under this section shall expire 

6 on the date that is 5 years after the date of the enactment 

7 of the Fire Grants Reauthorization Act of 2012.’’. 

8 SEC. 1805. SENSE OF CONGRESS ON VALUE AND FUNDING 

9 OF ASSISTANCE TO FIREFIGHTERS AND 

10 STAFFING FOR ADEQUATE FIRE AND EMER11 GENCY RESPONSE PROGRAMS. 

12 It is the sense of Congress that—

13 (1) the grants and assistance awarded under 

14 sections 33 and 34 of the Federal Fire Prevention 

15 and Control Act of 1974 (15 U.S.C. 2229 and 

16 2229a) have proven equally valuable in protecting 

17 the health and safety of the public and firefighting 

18 personnel throughout the United States against fire 

19 and fire-related hazards; and 

20 (2) providing parity in funding for the awarding 

21 of grants and assistance under both such sections 

22 will ensure that the grant and assistance programs 

23 under such sections can continue to serve their com24 plementary purposes. 


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1 SEC. 1806. REPORT ON AMENDMENTS TO ASSISTANCE TO 

2 FIREFIGHTERS AND STAFFING FOR ADE3 QUATE FIRE AND EMERGENCY RESPONSE 

4 PROGRAMS. 

5 (a) IN GENERAL.—Not later than September 30, 

6 2016, the Comptroller General of the United States shall 

7 submit to the Committee on Homeland Security and Gov8 ernmental Affairs of the Senate and the Committee on 

9 Science and Technology of the House of Representatives 

10 a report on the effect of the amendments made by this 

11 subtitle. 

12 (b) CONTENTS.—The report required by subsection 

13 (a) shall include the following: 

14 (1) An assessment of the effect of the amend15 ments made by sections 1803 and 1804 on the effec16 tiveness, relative allocation, accountability, and ad17 ministration of the grants and assistance awarded 

18 under sections 33 and 34 of the Federal Fire Pre19 vention and Control Act of 1974 (15 U.S.C. 2229 

20 and 2229a) after the date of the enactment of this 

21 Act. 

22 (2) An evaluation of the extent to which the 

23 amendments made by sections 1803 and 1804 have 

24 enabled recipients of grants and assistance awarded 

25 under such sections 33 and 34 after the date of the 


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1 enactment of this Act to mitigate fire and fire-re2 lated and other hazards more effectively. 

3 SEC. 1807. STUDIES AND REPORTS ON THE STATE OF FIRE 

4 SERVICES. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the United 

8 States Fire Administration. 

9 (2) CAREER FIRE DEPARTMENT, COMBINATION

10 FIRE DEPARTMENT, VOLUNTEER FIRE DEPART11 MENT.—The terms ‘‘career fire department’’, ‘‘com12 bination fire department’’, and ‘‘volunteer fire de13 partment’’ have the meanings given such terms in 

14 section 33(a) of the Federal Fire Prevention and 

15 Control Act of 1974 (15 U.S.C. 2229(a)), as amend16 ed by section 1803. 

17 (3) FIRE SERVICE.—The term ‘‘fire service’’ 

18 has the meaning given such term in section 4 of the 

19 Federal Fire Prevention and Control Act of 1974 

20 (15 U.S.C. 2203). 

21 (b) STUDY AND REPORT ON COMPLIANCE WITH

22 STAFFING STANDARDS.—

23 (1) STUDY.—The Administrator shall conduct a 

24 study on the level of compliance with national vol25 untary consensus standards for staffing, training, 


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1 safe operations, personal protective equipment, and 

2 fitness among the fire services of the United States. 

3 (2) SURVEY.—

4 (A) IN GENERAL.—In carrying out the 

5 study required by paragraph (1), the Adminis6 trator shall carry out a survey of fire services 

7 to assess the level of compliance of such fire 

8 services with the standards described in such 

9 paragraph. 

10 (B) ELEMENTS.—The survey required by 

11 subparagraph (A) shall—

12 (i) include career fire departments, 

13 volunteer fire departments, combination 

14 fire departments, and fire departments 

15 serving communities of different sizes, and 

16 such other distinguishing factors as the 

17 Administrator considers relevant; 

18 (ii) employ methods to ensure that the 

19 survey accurately reflects the actual rate of 

20 compliance with the standards described in 

21 paragraph (1) among fire services; and 

22 (iii) determine the extent of barriers 

23 and challenges to achieving compliance 

24 with the standards described in paragraph 

25 (1) among fire services. 


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1 (C) AUTHORITY TO CARRY OUT SURVEY

2 WITH NONPROFIT.—If the Administrator deter3 mines that it will reduce the costs incurred by 

4 the United States Fire Administration in car5 rying out the survey required by subparagraph 

6 (A), the Administrator may carry out such sur7 vey in conjunction with a nonprofit organization 

8 that has substantial expertise and experience in 

9 the following areas: 

10 (i) The fire services. 

11 (ii) National voluntary consensus 

12 standards. 

13 (iii) Contemporary survey methods. 

14 (3) REPORT ON FINDINGS OF STUDY.—

15 (A) IN GENERAL.—Not later than 2 years 

16 after the date of the enactment of this Act, the 

17 Administrator shall submit to Congress a report 

18 on the findings of the Administrator with re19 spect to the study required by paragraph (1). 

20 (B) CONTENTS.—The report required by 

21 subparagraph (A) shall include the following: 

22 (i) An accurate description, based on 

23 the results of the survey required by para24 graph (2)(A), of the rate of compliance 

25 with the standards described in paragraph 


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1 (1) among United States fire services, in2 cluding a comparison of the rates of com3 pliance among career fire departments, vol4 unteer fire departments, combination fire 

5 departments, and fire departments serving 

6 communities of different sizes, and such 

7 other comparisons as Administrator con8 siders relevant. 

9 (ii) A description of the challenges 

10 faced by different types of fire departments 

11 and different types of communities in com12 plying with the standards described in 

13 paragraph (1). 

14 (c) TASK FORCE TO ENHANCE FIREFIGHTER SAFE15 TY.—

16 (1) ESTABLISHMENT.—Not later than 60 days 

17 after the date of the enactment of this Act, the Sec18 retary of Homeland Security shall establish a task 

19 force to be known as the ‘‘Task Force to Enhance 

20 Firefighter Safety’’ (in this subsection referred to as 

21 the ‘‘Task Force’’). 

22 (2) MEMBERSHIP.—

23 (A) IN GENERAL.—Members of the Task 

24 Force shall be appointed by the Secretary from 


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1 among the general public and shall include the 

2 following: 

3 (i) Representatives of national organi4 zations representing firefighters and fire 

5 chiefs. 

6 (ii) Individuals representing stand7 ards-setting and accrediting organizations, 

8 including representatives from the vol9 untary consensus codes and standards de10 velopment community. 

11 (iii) Such other individuals as the Sec12 retary considers appropriate. 

13 (B) REPRESENTATIVES OF OTHER DE14 PARTMENTS AND AGENCIES.—The Secretary 

15 may invite representatives of other Federal de16 partments and agencies that have an interest in 

17 fire services to participate in the meetings and 

18 other activities of the Task Force. 

19 (C) NUMBER; TERMS OF SERVICE; PAY

20 AND ALLOWANCES.—The Secretary shall deter21 mine the number, terms of service, and pay and 

22 allowances of members of the Task Force ap23 pointed by the Secretary, except that a term of 

24 service of any such member may not exceed 2 

25 years. 


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1 (3) RESPONSIBILITIES.—The Task Force 

2 shall—

3 (A) consult with the Secretary in the con4 duct of the study required by subsection (b)(1); 

5 and 

6 (B) develop a plan to enhance firefighter 

7 safety by increasing fire service compliance with 

8 the standards described in subsection (b)(1), in9 cluding by—

10 (i) reviewing and evaluating the report 

11 required by subsection (b)(3)(A) to deter12 mine the extent of and barriers to achiev13 ing compliance with the standards de14 scribed in subsection (b)(1) among fire 

15 services; and 

16 (ii) considering ways in which the 

17 Federal Government, States, and local gov18 ernments can promote or encourage fire 

19 services to comply with such standards. 

20 (4) REPORT.—

21 (A) IN GENERAL.—Not later than 180 

22 days after the date on which the Secretary sub23 mits the report required by subsection 

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1 gress and the Secretary a report on the activi2 ties and findings of the Task Force. 

3 (B) CONTENTS.—The report required by 

4 subparagraph (A) shall include the following: 

5 (i) The findings and recommendations 

6 of the Task Force with respect to the 

7 study carried out under subsection (b)(1). 

8 (ii) The plan developed under para9 graph (3)(B). 

10 (d) STUDY AND REPORT ON THE NEEDS OF FIRE

11 SERVICES.—

12 (1) STUDY.—The Administrator shall conduct a 

13 study—

14 (A) to define the current roles and activi15 ties associated with fire services on a national, 

16 State, regional, and local level; 

17 (B) to identify the equipment, staffing, 

18 and training required to fulfill the roles and ac19 tivities defined under subparagraph (A); 

20 (C) to conduct an assessment to identify 

21 gaps between what fire services currently pos22 sess and what they require to meet the equip23 ment, staffing, and training needs identified 

24 under subparagraph (B) on a national and 

25 State-by-State basis; and 


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1 (D) to measure the impact of the grant 

2 and assistance program under section 33 of the 

3 Federal Fire Prevention and Control Act of 

4 1974 (15 U.S.C. 2229) in meeting the needs of 

5 fire services and filling the gaps identified 

6 under subparagraph (C). 

7 (2) REPORT.—Not later than 2 years after the 

8 date of the enactment of this title, the Administrator 

9 shall submit to Congress a report on the findings of 

10 the Administrator with respect to the study con11 ducted under paragraph (1). 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Administrator to 

14 carry out this section—

15 (1) $600,000 for fiscal year 2013; and 

16 (2) $600,000 for fiscal year 2014. 

17 Subtitle B—Reauthorization of 

18 United States Fire Administration 

19 SEC. 1811. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘United States Fire 

21 Administration Reauthorization Act of 2012’’. 


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1 SEC. 1812. CLARIFICATION OF RELATIONSHIP BETWEEN 

2 UNITED STATES FIRE ADMINISTRATION AND 

3 FEDERAL EMERGENCY MANAGEMENT AGEN4 CY. 

5 Section 5(c) of the Federal Fire Prevention and Con6 trol Act of 1974 (15 U.S.C. 2204) is amended to read 

7 as follows: 

8 ‘‘(c) DEPUTY ADMINISTRATOR.—The Administrator 

9 may appoint a Deputy Administrator, who shall—

10 ‘‘(1) perform such functions as the Adminis11 trator shall from time to time assign or delegate; 

12 and 

13 ‘‘(2) act as Administrator during the absence or 

14 disability of the Administrator or in the event of a 

15 vacancy in the office of Administrator.’’. 

16 SEC. 1813. MODIFICATION OF AUTHORITY OF ADMINIS17 TRATOR TO EDUCATE PUBLIC ABOUT FIRE 

18 AND FIRE PREVENTION. 

19 Section 6 of the Federal Fire Prevention and Control 

20 Act of 1974 (15 U.S.C. 2205) is amended by striking ‘‘to 

21 take all steps’’ and all that follows through ‘‘fire and fire 

22 prevention.’’ and inserting ‘‘to take such steps as the Ad23 ministrator considers appropriate to educate the public 

24 and overcome public indifference as to fire, fire prevention, 

25 and individual preparedness.’’. 


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1 SEC. 1814. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 17(g)(1) of the Federal Fire Prevention and 

3 Control Act of 1974 (15 U.S.C. 2216(g)(1)) is amended—

4 (1) in subparagraph (G), by striking ‘‘and’’ at 

5 the end; 

6 (2) in subparagraph (H), by striking the period 

7 at the end and inserting a semicolon; 

8 (3) by adding after subparagraph (H) the fol9 lowing: 

10 ‘‘(I) $76,490,890 for fiscal year 2013, of which 

11 $2,753,672 shall be used to carry out section 8(f); 

12 ‘‘(J) $76,490,890 for fiscal year 2014, of which 

13 $2,753,672 shall be used to carry out section 8(f); 

14 ‘‘(K) $76,490,890 for fiscal year 2015, of which 

15 $2,753,672 shall be used to carry out section 8(f); 

16 ‘‘(L) $76,490,890 for fiscal year 2016, of which 

17 $2,753,672 shall be used to carry out section 8(f); 

18 and 

19 ‘‘(M) $76,490,890 for fiscal year 2017, of 

20 which $2,753,672 shall be used to carry out section 

21 8(f).’’; and 

22 (4) in subparagraphs (E) through (H), by mov23 ing each margin 2 ems to the left. 

24 SEC. 1815. REMOVAL OF LIMITATION. 

25 Section 9(d) of the Federal Fire Prevention and Con26 trol Act of 1974 (15 U.S.C. 2208(d)) is amended—


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1 (1) by striking ‘‘UPDATE.—’’ and all that fol2 lows through ‘‘The Administrator’’ and inserting 

3 ‘‘UPDATE.—The Administrator’’; and 

4 (2) by striking paragraph (2). 

5 DIVISION B—MILITARY CON6 STRUCTION AUTHORIZA7 TIONS 

8 SEC. 2001. SHORT TITLE. 

9 This division may be cited as the ‘‘Military Construc10 tion Authorization Act for Fiscal Year 2013’’. 

11 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

12 AMOUNTS REQUIRED TO BE SPECIFIED BY 

13 LAW. 

14 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

15 YEARS.—Except as provided in subsection (b), all author16 izations contained in titles XXI through XXVII and title 

17 XXIX of this division for military construction projects, 

18 land acquisition, family housing projects and facilities, and 

19 contributions to the North Atlantic Treaty Organization 

20 Security Investment Program (and authorizations of ap21 propriations therefor) shall expire on the later of—

22 (1) October 1, 2015; or 

23 (2) the date of the enactment of an Act author24 izing funds for military construction for fiscal year 

25 2016. 


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1 (b) EXCEPTION.—Subsection (a) shall not apply to 

2 authorizations for military construction projects, land ac3 quisition, family housing projects and facilities, and con4 tributions to the North Atlantic Treaty Organization Se5 curity Investment Program (and authorizations of appro6 priations therefor), for which appropriated funds have 

7 been obligated before the later of—

8 (1) October 1, 2015; or 

9 (2) the date of the enactment of an Act author10 izing funds for fiscal year 2016 for military con11 struction projects, land acquisition, family housing 

12 projects and facilities, or contributions to the North 

13 Atlantic Treaty Organization Security Investment 

14 Program. 

15 TITLE XXI—ARMY MILITARY 

16 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.

17 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

18 ACQUISITION PROJECTS. 

19 (a) INSIDE THE UNITED STATES.—Using amounts 

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1 tions in section 2103(a) and available for military con2 struction projects inside the United States as specified in 

3 the funding table in section 4601, the Secretary of the 

4 Army may acquire real property and carry out military 

5 construction projects for the installations or locations in6 side the United States, and in the amounts, set forth in 

7 the following table:

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

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

8 (b) OUTSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2103(a) and available for military con11 struction projects outside the United States as specified 

12 in the funding table in section 4601, the Secretary of the 


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1 Army may acquire real property and carry out military 

2 construction projects for the installations or locations out3 side the United States, and in the amounts, set forth in 

4 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

5 SEC. 2102. FAMILY HOUSING. 

6 Using amounts appropriated pursuant to the author7 ization of appropriations in section 2103(a) and available 

8 for military family housing functions as specified in the 

9 funding table in section 4601, the Secretary of the Army 

10 may carry out architectural and engineering services and 

11 construction design activities with respect to the construc12 tion or improvement of family housing units in an amount 

13 not to exceed $4,641,000. 

14 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

16 are hereby authorized to be appropriated for fiscal years 

17 beginning after September 30, 2012, for military con18 struction, land acquisition, and military family housing 

19 functions of the Department of the Army as specified in 

20 the funding table in section 4601. 


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1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and 

4 any other cost variation authorized by law, the total cost 

5 of all projects carried out under section 2101 of this Act 

6 may not exceed the sum of the following: 

7 (1) The total amount authorized to be appro8 priated under subsection (a), as specified in the 

9 funding table in section 4601. 

10 (2) $106,000,000 (the balance of the amount 

11 authorized under section 2101(a) for cadet barracks 

12 increment 1 at the United States Military Academy, 

13 New York). 

14 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 

15 CERTAIN FISCAL YEAR 2010 PROJECT. 

16 In the case of the authorization contained in the table 

17 in section 2101(a) of the Military Construction Authoriza18 tion Act for Fiscal Year 2010 (division B of Public Law 

19 111–84; 123 Stat. 2628) for Fort Belvoir, Virginia, for 

20 construction of a Road and Access Control Point at the 

21 installation, the Secretary of the Army may construct a 

22 standard design Access Control Point consistent with the 

23 Army’s construction guidelines for Access Control Points. 


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1 SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2009 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2009 (division B of Public Law 110–417; 122 Stat. 

6 4658), authorizations set forth in the table in subsection 

7 (b), as provided in section 2101 of that Act (122 Stat. 

8 4659), shall remain in effect until October 1, 2013, or the 

9 date of the enactment of an Act authorizing funds for mili10 tary construction for fiscal year 2014, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) 

12 is as follows:

Army: Extension of 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

13 SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

14 FISCAL YEAR 2010 PROJECTS. 

15 (a) EXTENSION.—Notwithstanding section 2002 of 

16 the Military Construction Authorization Act for Fiscal 

17 Year 2010 (division B of Public Law 111–84; 123 Stat. 

18 2627), authorizations set forth in the table in subsection 

19 (b), as provided in section 2101 of that Act (123 Stat. 

20 2628), shall remain in effect until October 1, 2013, or the 


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1 date of the enactment of an Act authorizing funds for mili2 tary construction for fiscal year 2014, whichever is later. 

3 (b) TABLE.—The table referred to in subsection (a) 

4 is as follows:

Army: Extension of 2010 Project Authorizations

State Installation or 

Location Project Amount

Louisiana .......... Fort Polk ......... Land Purchases and Condemnation ...................... $17,000,000

New Jersey ....... Picatinny Arsenal ................ Ballistic Evaluation Facility Phase 2 .................... $10,200,000

Virginia ............ Fort Belvoir ..... Road and Access Control 

Point .............................. $9,500,000

Washington ...... Fort Lewis ....... Fort Lewis-McChord AFB 

Joint Access .................. $9,000,000

Kuwait .............. Kuwait ............. APS Warehouses ............... $82,000,000

5 SEC. 2107. EXTENSION OF LIMITATION ON OBLIGATION OR 

6 EXPENDITURE OF FUNDS FOR TOUR NOR7 MALIZATION. 

8 Section 2111 of the Military Construction Authoriza9 tion Act for Fiscal Year 2012 (division B of Public Law 

10 112–81; 125 Stat. 1665) is amended in the matter pre11 ceding paragraph (1) by inserting after ‘‘under this Act’’ 

12 the following: ‘‘or an Act authorizing funds for military 

13 construction for fiscal year 2013’’. 

14 SEC. 2108. LIMITATION ON PROJECT AUTHORIZATION TO 

15 CARRY OUT CERTAIN FISCAL YEAR 2013 

16 PROJECT. 

17 The Secretary of the Army may not obligate or ex18 pend any funds authorized in this title for the construction 

19 of a cadet barracks at the United States Military AcadVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01256 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 emy, West Point, New York, until the Secretary of the 

2 Army—

3 (1) submits to the congressional defense com4 mittees, as part of the future-years defense program 

5 submitted to Congress during 2013 under section 

6 221 of title 10, United States Code, a plan showing 

7 programmed investments to renovate existing cadet 

8 barracks at the United States Military Academy; 

9 and 

10 (2) certifies to the congressional defense com11 mittees that the Secretary has entered into a con12 tract for the renovation of Scott Barracks at the 

13 United States Military Academy. 

14 TITLE XXII—NAVY MILITARY 

15 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.

16 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

17 ACQUISITION PROJECTS. 

18 (a) INSIDE THE UNITED STATES.—Using amounts 

19 appropriated pursuant to the authorization of appropria20 tions in section 2204(a) and available for military con21 struction projects inside the United States as specified in 


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1 the funding table in section 4601, the Secretary of the 

2 Navy may acquire real property and carry out military 

3 construction projects for the installations or locations in4 side the United States, and in the amounts, set forth in 

5 the following table:

Navy: Inside the United States

State Installation or Location Amount

Arizona .................... Yuma ........................................................... $29,285,000

California ................. Camp Pendleton .......................................... $88,110,000

Coronado ..................................................... $78,541,000

Miramar ...................................................... $27,897,000

Point Mugu ................................................. $12,790,000

San Diego ................................................... $71,188,000

Seal Beach .................................................. $30,594,000

Twentynine Palms ...................................... $47,270,000

Florida ..................... Jacksonville ................................................. $21.980,000

Hawaii ..................... Kaneohe Bay ............................................... $97,310,000

Mississippi ................. Meridian ...................................................... $10,926,000

New Jersey ............... Earle ........................................................... $33,498,000

North Carolina ........ Camp Lejeune ............................................. $69,890,000

Cherry Point Marine Corps Air Station ..... $45,891,000

New River ................................................... $8,525,000

South Carolina ......... Beaufort ...................................................... $81,780,000

Parris Island ............................................... $10,135,000

Virginia .................... Dahlgren ..................................................... $28,228,000

Oceana Naval Air Station ........................... $39,086,000

Portsmouth ................................................. $32,706,000

Quantico ...................................................... $58,714,000

Yorktown ..................................................... $48,823,000

Washington .............. Whidbey Island ........................................... $6,272,000

6 (b) OUTSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2204(a) and available for military con9 struction projects outside the United States as specified 

10 in the funding table in section 4601, the Secretary of the 

11 Navy may acquire real property and carry out military 

12 construction projects for the installation or location out13 side the United States, and in the amounts, set forth in 

14 the following table:


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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

1 SEC. 2202. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2204(a) and available 

4 for military family housing functions as specified in the 

5 funding table in section 4601, the Secretary of the Navy 

6 may carry out architectural and engineering services and 

7 construction design activities with respect to the construc8 tion or improvement of family housing units in an amount 

9 not to exceed $4,527,000. 

10 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

11 UNITS. 

12 Subject to section 2825 of title 10, United States 

13 Code, and using amounts appropriated pursuant to the 

14 authorization of appropriations in section 2204(a) and 

15 available for military family housing functions, the Sec16 retary of the Navy may improve existing military family 

17 housing units in an amount not to exceed $97,655,000. 

18 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

20 are hereby authorized to be appropriated for fiscal years 


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1 beginning after September 30, 2012, for military con2 struction, land acquisition, and military family housing 

3 functions of the Department of the Navy, as specified in 

4 the funding table in section 4601. 

5 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

6 PROJECTS.—Notwithstanding the cost variations author7 ized by section 2853 of title 10, United States Code, and 

8 any other cost variation authorized by law, the total cost 

9 of all projects carried out under section 2201 of this Act 

10 and the projects described in paragraphs (2) and (3) of 

11 this subsection may not exceed the sum of the following: 

12 (1) The total amount authorized to be appro13 priated under subsection (a), as specified in the 

14 funding table in section 4601. 

15 (2) $382,757,000 (the balance of the amount 

16 authorized under section 2201(a) of the Military 

17 Construction Authorization Act for Fiscal Year 2012 

18 (division B of Public Law 112–81; 125 Stat. 1666) 

19 for an explosive handling wharf at Kitsap, Wash20 ington). 

21 (3) $68,196,000 (the balance of the amount au22 thorized under section 2201(b) of the Military Con23 struction Authorization Act for Fiscal Year 2010 

24 (division B of Public Law 111–84; 123 Stat. 2633) 

25 for ramp parking at Joint Region Marianas, Guam). 


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1 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2012 PROJECT. 

3 In the case of the authorization contained in the table 

4 in section 2201(a) of the Military Construction Authoriza5 tion Act for Fiscal Year 2012 (division B of Public Law 

6 112–81; 125 Stat. 1666), for Kitsap (Bangor) Wash7 ington, for construction of Explosives Handling Wharf No. 

8 2 at that location, the Secretary of the Navy may acquire 

9 fee or lesser real property interests to accomplish required 

10 environmental mitigation for the project using appropria11 tions authorized for the project. 

12 SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

13 FISCAL YEAR 2009 PROJECTS. 

14 (a) EXTENSION.—Notwithstanding section 2002 of 

15 the Military Construction Authorization Act for Fiscal 

16 Year 2009 (division B of Public Law 110–417; 122 Stat. 

17 4658), the authorization set forth in the table in sub18 section (b), as provided in section 2201 of that Act (122 

19 Stat. 4670) and extended by section 2206 of the Military 

20 Construction Authorization Act for Fiscal Year 2012 (di21 vision B of Public Law 112–81; 125 Stat. 1668), shall 

22 remain in effect until October 1, 2013, or the date of an 

23 Act authorizing funds for military construction for fiscal 

24 year 2014, whichever is later. 

25 (b) TABLE.—The table referred to in subsection (a) 

26 is as follows:


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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

1 SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2010 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2010 (division B of Public Law 111–84; 123 Stat. 

6 2627), the authorization set forth in the table in sub7 section (b), as provided in section 2201 of that Act (123 

8 Stat. 2632), shall remain in effect until October 1, 2013, 

9 or the date of an Act authorizing funds for military con10 struction for fiscal year 2014, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) 

12 is as follows:

Navy: Extension of 2010 Project Authorization

State/Country Installation or Location Project Amount

California ................... 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


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1 TITLE XXIII—AIR FORCE 

2 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.

3 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

4 LAND ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2304(a) and available for military con8 struction projects inside the United States as specified in 

9 the funding table in section 4601, the Secretary of the 

10 Air Force may acquire real property and carry out mili11 tary construction projects for the installations or locations 

12 inside the United States, and in the amounts, set forth 

13 in the following table:

Air Force: Inside the United States

State Installation or Location Amount

Arkansas ............................ Little Rock Air Force Base .......... $30,178,000

Florida ............................... Tyndall Air Force Base ................ $14,750,000

Georgia .............................. Fort Stewart ................................. $7,250,000

Moody Air Force Base .................. $8,500,000

New Mexico ....................... Holloman Air Force Base ............. $25,000,000

North Dakota .................... Minot Air Force Base ................... $4,600,000

Texas ................................. Joint Base San Antonio ................ $18,000,000

Utah .................................. Hill Air Force Base ...................... $13,530,000

14 (b) OUTSIDE THE UNITED STATES.—Using amounts 

15 appropriated pursuant to the authorization of appropria16 tions in section 2304(a) and available for military con17 struction projects outside the United States as specified 


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1 in the funding table in section 4601, the Secretary of the 

2 Air Force may acquire real property and carry out mili3 tary construction projects for the installations or locations 

4 outside the United States, and in the amounts, set forth 

5 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

6 SEC. 2302. FAMILY HOUSING. 

7 Using amounts appropriated pursuant to the author8 ization of appropriations in section 2304(a) and available 

9 for military family housing functions as specified in the 

10 funding table in section 4601, the Secretary of the Air 

11 Force may carry out architectural and engineering serv12 ices and construction design activities with respect to the 

13 construction or improvement of family housing units in an 

14 amount not to exceed $4,253,000. 

15 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

16 UNITS. 

17 Subject to section 2825 of title 10, United States 

18 Code, and using amounts appropriated pursuant to the 

19 authorization of appropriations in section 2304 and avail20 able for military family housing functions as specified in 

21 the funding table in section 4601, the Secretary of the 


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1 Air Force may improve existing military family housing 

2 units in an amount not to exceed $79,571,000. 

3 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

4 FORCE. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

6 are hereby authorized to be appropriated for fiscal years 

7 beginning after September 30, 2012, for military con8 struction, land acquisition, and military family housing 

9 functions of the Department of the Air Force, as specified 

10 in the funding table in section 4601. 

11 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

12 PROJECTS.—Notwithstanding the cost variations author13 ized by section 2853 of title 10, United States Code, and 

14 any other cost variation authorized by law, the total cost 

15 of all projects carried out under section 2301 of this Act 

16 and the project described in paragraph (2) of this sub17 section may not exceed the sum of the following: 

18 (1) The total amount authorized to be appro19 priated under subsection (a), as specified in the 

20 funding table in section 4601. 

21 (2) $205,000,000 (the balance of the amount 

22 authorized under section 2301(a) of the Military 

23 Construction Authorization Act for Fiscal Year 2012 

24 (division B of Public Law 112–81; 125 Stat. 1670) 


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1 for the United States Strategic Command Head2 quarters at Offutt Air Force Base, Nebraska). 

3 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2010 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2002 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2010 (division B of Public Law 111–84; 123 Stat. 

8 2627), authorizations set forth in the table in subsection 

9 (b), as provided in section 2301 of that Act (123 Stat. 

10 2636), shall remain in effect until October 1, 2013, or the 

11 date of an Act authorizing funds for military construction 

12 for fiscal year 2014, whichever is later. 

13 (b) TABLE.—The table referred to in subsection (a) 

14 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

15 TITLE XXIV—DEFENSE AGEN16 CIES MILITARY CONSTRUC17 TION

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. 


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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.

1 Subtitle A—Defense Agency 

2 Authorizations 

3 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC4 TION AND LAND ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2403(a) and available for military con8 struction projects inside the United States as specified in 

9 the funding table in section 4601, the Secretary of De10 fense may acquire real property and carry out military 

11 construction projects for the installations or locations in12 side the United States, and in the amounts, set forth in 

13 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


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Defense Agencies: Inside the United States—Continued

State Installation or Location Amount

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

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a) and available for military con4 struction projects outside the United States as specified 

5 in the funding table in section 4601, the Secretary of De6 fense may acquire real property and carry out military 

7 construction projects for the installations or locations out8 side the United States, and in the amounts, set forth in 

9 the following table:

Defense Agencies: Outside the United States

Country Installation or Location Amount

Belgium .............................. Brussels ......................................... $26,969,000

Germany ............................ Stuttgart-Patch Barracks ............. $2,413,000

Vogelweh ....................................... $61,415,000

Weisbaden ..................................... $52,178,000

Guam ................................. Andersen Air Force Base .............. $67,500,000

Guantanamo Bay, Cuba ..... Guantanamo Bay .......................... $40,200,000

Japan ................................. Camp Zama ................................... $13,273,000

Kadena Air Base ........................... $143,545,000

Sasebo ........................................... $35,733,000

Zukeran ......................................... $79,036,000

Korea .................................. Kunsan Air Base ........................... $13,000,000

Osan Air Base ............................... $77,292,000


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Defense Agencies: Outside the United States—Continued

Country Installation or Location Amount

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

1 SEC. 2402. AUTHORIZED ENERGY CONSERVATION 

2 PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2403(a) and available for energy conserva6 tion projects inside the United States as specified in the 

7 funding table in section 4601, the Secretary of Defense 

8 may carry out energy conservation projects under chapter 

9 173 of title 10, United States Code, for the installations 

10 or locations inside the United States, and in the amounts, 

11 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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1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a) and available for energy conserva4 tion projects outside the United States as specified in the 

5 funding table in section 4601, the Secretary of Defense 

6 may carry out energy conservation projects under chapter 

7 173 of title 10, United States Code, for the installations 

8 or locations outside the United States, and in the 

9 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

10 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE11 FENSE AGENCIES. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

13 are hereby authorized to be appropriated for fiscal years 

14 beginning after September 30, 2012, for military con15 struction, land acquisition, and military family housing 

16 functions of the Department of Defense (other than the 

17 military departments), as specified in the funding table 

18 in section 4601. 

19 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

20 PROJECTS.—Notwithstanding the cost variations author21 ized by section 2853 of title 10, United States Code, and 

22 any other cost variation authorized by law, the total cost 


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1 of all projects carried out under section 2401 of this Act 

2 and the projects described in paragraphs (2) through (9) 

3 of this subsection may not exceed the sum of the following: 

4 (1) The total amount authorized to be appro5 priated under subsection (a), as specified in the 

6 funding table in section 4601. 

7 (2) $13,965,000 (the balance of the amount au8 thorized under section 2401(a) of the Military Con9 struction Authorization Act for Fiscal Year 

10 2007(division B of Public Law 119–364; 120 Stat. 

11 2457) for the Army Medical Research Institute of 

12 Infectious Diseases Stage I at Fort Detrick, Mary13 land). 

14 (3) $103,600,000 (the balance of the amount 

15 authorized under section 2401(a) for NSAW Recapi16 talize Building #1 at Fort Meade, Maryland). 

17 (4) $556,639,000 (the balance of the amount 

18 authorized under section 2401(a) of the Military 

19 Construction Authorization Act for Fiscal Year 2012 

20 (division B of Public Law 112–81; 125 Stat. 1672), 

21 as amended by section 2404(a) of this Act, for a 

22 data center at Fort Meade, Maryland). 

23 (5) $512,969,000 (the balance of the amount 

24 authorized under section 2401(a) of the Military 

25 Construction Authorization Act for Fiscal Year 2010 


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1 (division B of Public Law 111–84; 123 Stat. 2640) 

2 for a hospital at Fort Bliss, Texas). 

3 (6) $134,900,000 (the balance of the amount 

4 authorized under section 2401(a) of the Military 

5 Construction Authorization Act for Fiscal Year 2012 

6 (division B of Public Law 112–81; 125 Stat. 1672) 

7 for an Ambulatory Care Center Phase III at Joint 

8 Base San Antonio, Texas). 

9 (7) $41,913,000 (the balance of the amount au10 thorized as a Military Construction, Defense-Wide 

11 project by title X of the Supplemental Appropria12 tions Act, 2009 (Public Law 111–32; 123 Stat. 

13 1888) for a data center at Camp Williams, Utah). 

14 (8) $792,408,000 (the balance of the amount 

15 authorized under section 2401(b) of the Military 

16 Construction Authorization Act for Fiscal Year 2012 

17 (division B of Public Law 112–81; 125 Stat. 1673), 

18 as amended by section 2404(b) of this Act, for a 

19 hospital at the Rhine Ordnance Barracks, Ger20 many). 

21 (9) $100,800,000 (the balance of the amount 

22 authorized under section 2401(b) for the Aegis 

23 Ashore Missile Defense System Complex at 

24 Deveselu, Romania). 


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1 SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2012 PROJECTS. 

3 (a) MARYLAND.—The table in section 2401(a) of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2012 (division B of Public Law 112–81; 125 Stat. 1672), 

6 is amended in the item relating to Fort Meade, Maryland, 

7 by striking ‘‘$29,640,000’’ in the amount column and in8 serting ‘‘$792,200,000’’. 

9 (b) GERMANY.—

10 (1) PROJECT AUTHORIZATION.—The table in 

11 section 2401(b) of the Military Construction Author12 ization Act for Fiscal Year 2012 (division B of Pub13 lic Law 112–81; 125 Stat. 1673), is amended in the 

14 item relating to Rhine Ordnance Barracks, Ger15 many, by striking ‘‘$750,000,000’’ in the amount 

16 column and inserting ‘‘$990,000,000’’. 

17 (2) CERTIFICATION REQUIRED.—The Secretary 

18 of Defense may not obligate additional funds made 

19 available pursuant to the amendment made by para20 graph (1) until the Secretary certifies to the con21 gressional defense committees that both of the fol22 lowing directly support the proposed scope for the 

23 hospital at the Rhine Ordnance Barracks, Germany: 

24 (A) A sufficient enduring beneficiary popu25 lation. 


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1 (B) The fiscal year 2014 force structure 

2 assessment, incorporated in the budget sub3 mitted by the President to Congress for fiscal 

4 year 2014. 

5 SEC. 2405. EXTENSION OF AUTHORIZATION OF CERTAIN 

6 FISCAL YEAR 2010 PROJECT. 

7 (a) EXTENSION.—Notwithstanding section 2002 of 

8 the Military Construction Authorization Act for Fiscal 

9 Year 2010 (division B of Public Law 111–84; 123 Stat. 

10 2627), the authorization set forth in the table in sub11 section (b), as provided in section 2401(a) of that Act 

12 (123 Stat. 2640), shall remain in effect until October 1, 

13 2013, or the date of the enactment of an Act authorizing 

14 funds for military construction for fiscal year 2014, which15 ever is later. 

16 (b) TABLE.—The table referred to in subsection (a) 

17 is as follows:

Extension of 2010 Project Authorization

State Installation or Location Project Amount

Virginia ..................... Pentagon Reservation Pentagon electrical 

upgrade ................. $19,272,000


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1 Subtitle B—Chemical 

2 Demilitarization Authorizations 

3 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM4 ICAL DEMILITARIZATION CONSTRUCTION, 

5 DEFENSE-WIDE. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.— Funds 

7 are hereby authorized to be appropriated for fiscal years 

8 beginning after September 30, 2012, for military con9 struction and land acquisition for chemical demilitariza10 tion, as specified in the funding table in section 4601. 

11 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

12 PROJECTS.—Notwithstanding the cost variations author13 ized by section 2853 of title 10, United States Code, and 

14 any other cost variation authorized by law, the total cost 

15 of all projects carried out under subsection (a) and the 

16 project described in paragraph (2) of this subsection may 

17 not exceed the sum of the following: 

18 (1) The total amount authorized to be appro19 priated under subsection (a), as specified in the 

20 funding table in section 4601. 

21 (2) $158,969,000 (the balance of the amount 

22 authorized for ammunition demilitarization at Blue 

23 Grass, Kentucky, by section 2401(a) of the Military 

24 Construction Authorization Act for Fiscal Year 2000 

25 (division B of Public Law 106–65; 113 Stat. 835), 


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1 as most recently amended by section 2412 of the 

2 Military Construction Authorization Act for Fiscal 

3 Year 2011 (division B Public Law 111–383; 124 

4 Stat. 4450). 

5 SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT 

6 CERTAIN FISCAL YEAR 1997 PROJECT. 

7 (a) MODIFICATIONS.—The table in section 2401(a) 

8 of the Military Construction Authorization Act for Fiscal 

9 Year 1997 (division B of Public Law 104–201; 110 Stat. 

10 2775), as amended by section 2406 of the Military Con11 struction Authorization Act for Fiscal Year 2000 (division 

12 B of Public Law 106–65; 113 Stat. 839), section 2407 

13 of the Military Construction Authorization Act for Fiscal 

14 Year 2003 (division B of Public Law 107–314; 116 Stat. 

15 2699), and section 2413 of the Military Construction Au16 thorization Act for Fiscal Year 2009 (division B of Public 

17 Law 110–417; 122 Stat. 4697), is further amended—

18 (1) under the agency heading relating to Chem19 ical Demilitarization Program, in the item relating 

20 to Pueblo Army Depot, Colorado, by striking 

21 ‘‘$484,000,000’’ in the amount column and inserting 

22 ‘‘$520,000,000’’; and 

23 (2) by striking the amount identified as the 

24 total in the amount column and inserting 

25 ‘‘$866,454,000’’. 


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1 (b) CONFORMING AMENDMENT.—Section 2406(b)(2) 

2 of the Military Construction Authorization Act for Fiscal 

3 Year 1997 (110 Stat. 2779), as so amended, is further 

4 amended by striking ‘‘$484,000,000’’ and inserting 

5 ‘‘$520,000,000’’. 

6 TITLE XXV—NORTH ATLANTIC 

7 TREATY ORGANIZATION SE8 CURITY INVESTMENT PRO9 GRAM

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

Sec. 2502. Authorization of appropriations, NATO.

10 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

11 ACQUISITION PROJECTS. 

12 The Secretary of Defense may make contributions for 

13 the North Atlantic Treaty Organization Security Invest14 ment Program as provided in section 2806 of title 10, 

15 United States Code, in an amount not to exceed the sum 

16 of the amount authorized to be appropriated for this pur17 pose in section 2502 and the amount collected from the 

18 North Atlantic Treaty Organization as a result of con19 struction previously financed by the United States. 

20 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal years beginning after September 30, 2012, for con23 tributions by the Secretary of Defense under section 2806 

24 of title 10, United States Code, for the share of the United 


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1 States of the cost of projects for the North Atlantic Treaty 

2 Organization Security Investment Program authorized by 

3 section 2501 as specified in the funding table in section 

4 4601. 

5 TITLE XXVI—GUARD AND 

6 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.

7 Subtitle A—Project Authorizations 

8 and Authorization of Appropria9 tions 

10 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON11 STRUCTION AND LAND ACQUISITION 

12 PROJECTS. 

13 (a) INSIDE THE UNITED STATES.—Using amounts 

14 appropriated pursuant to the authorization of appropria15 tions in section 2606 and available for the National Guard 

16 and Reserve as specified in the funding table in section 


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1 4601, the Secretary of the Army may acquire real prop2 erty and carry out military construction projects for the 

3 Army National Guard locations inside the United States, 

4 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

5 (b) OUTSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2606 and available for the National Guard 

8 and Reserve as specified in the funding table in section 

9 4601, the Secretary of the Army may acquire real prop10 erty and carry out military construction projects for the 


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1 Army National Guard locations outside the United States, 

2 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

3 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

4 AND LAND ACQUISITION PROJECTS. 

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2606 and available for 

7 the National Guard and Reserve as specified in the fund8 ing table in section 4601, the Secretary of the Army may 

9 acquire real property and carry out military construction 

10 projects for the Army Reserve locations inside the United 

11 States, and in the amounts, set forth in the following 

12 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


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1 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

2 CORPS RESERVE CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2606 and available for 

6 the National Guard and Reserve as specified in the fund7 ing table in section 4601, the Secretary of the Navy may 

8 acquire real property and carry out military construction 

9 projects for the Navy Reserve and Marine Corps Reserve 

10 locations inside the United States, and in the amounts, 

11 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

12 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC13 TION AND LAND ACQUISITION PROJECTS. 

14 Using amounts appropriated pursuant to the author15 ization of appropriations in section 2606 and available for 

16 the National Guard and Reserve as specified in the fund17 ing table in section 4601, the Secretary of the Air Force 

18 may acquire real property and carry out military construc19 tion projects for the Air National Guard locations inside 

20 the United States, and in the amounts, set forth in the 

21 following table:


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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

1 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC2 TION AND LAND ACQUISITION PROJECT. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the fund6 ing table in section 4601, the Secretary of the Air Force 

7 may acquire real property and carry out a military con8 struction project for the Air Force Reserve location inside 

9 the United States, and in the amount, set forth in the 

10 following table:

Air Force Reserve

State Location Amount

New York ........................ Niagara Falls International Airport .... $6,100,000

11 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA12 TIONAL GUARD AND RESERVE. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2012, for the 

15 costs of acquisition, architectural and engineering services, 

16 and construction of facilities for the Guard and Reserve 

17 Forces, and for contributions therefor, under chapter 

18 1803 of title 10, United States Code (including the cost 


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1 of acquisition of land for those facilities), as specified in 

2 the funding table in section 4601. 

3 Subtitle B—Other Matters 

4 SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT 

5 CERTAIN FISCAL YEAR 2010 PROJECTS. 

6 (a) AUTHORITY TO CARRY OUT ARMY NATIONAL

7 GUARD READINESS CENTER PROJECT, NORTH LAS

8 VEGAS, NEVADA.—In the case of the authorization con9 tained in the table in section 2601 of the Military Con10 struction Authorization Act for Fiscal Year 2010 (division 

11 B of Public Law 111–84; 123 Stat. 2648) for North Las 

12 Vegas, Nevada, for construction of a Readiness Center, 

13 the Secretary of the Army may construct up to 68,593 

14 square feet of readiness center, 10,000 square feet of 

15 unheated equipment storage area, and 25,000 square feet 

16 of unheated vehicle storage, consistent with the Army’s 

17 construction guidelines for readiness centers. 

18 (b) AUTHORITY TO CARRY OUT ARMY RESERVE

19 CENTER PROJECT, MIRAMAR, CALIFORNIA.—In the case 

20 of the authorization contained in the table in section 2602 

21 of the Military Construction Authorization Act for Fiscal 

22 Year 2010 (division B of Public Law 111–84; 123 Stat. 

23 2649) for Camp Pendleton, California, for construction of 

24 an Army Reserve Center, the Secretary of the Army may 


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1 construct an Army Reserve Center in the vicinity of the 

2 Marine Corps Air Station, Miramar, California. 

3 (c) AUTHORITY TO CARRY OUT ARMY RESERVE CEN4 TER PROJECT, BRIDGEPORT, CONNECTICUT.—In the case 

5 of the authorization contained in the table in section 2602 

6 of the Military Construction Authorization Act for Fiscal 

7 Year 2010 (division B of Public Law 111–84; 123 Stat. 

8 2649) for Bridgeport, Connecticut, for construction of an 

9 Army Reserve Center/Land, the Secretary of the Army 

10 may construct an Army Reserve Center and acquire land 

11 in the vicinity of Bridgeport, Connecticut. 

12 SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT 

13 CERTAIN FISCAL YEAR 2011 PROJECTS. 

14 (a) AUTHORITY TO CARRY OUT ARMY RESERVE

15 CENTER PROJECT, FORT STORY, VIRGINIA.—In the case 

16 of the authorization contained in the table in section 2602 

17 of the Military Construction Authorization Act for Fiscal 

18 Year 2011 (division B of Public Law 111–383; 124 Stat. 

19 4453) for Fort Story, Virginia, for construction of an 

20 Army Reserve Center, the Secretary of the Army may con21 struct an Army Reserve Center in the vicinity of Fort 

22 Story, Virginia. 

23 (b) AUTHORITY TO CARRY OUT ARMY NATIONAL

24 GUARD PROJECT, FORT CHAFFEE, ARKANSAS.—In the 

25 case of the authorization contained in the table in section 


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1 2601 of the Military Construction Authorization Act for 

2 Fiscal Year 2011 (division B of Public Law 111–383; 124 

3 Stat. 4451) for Fort Chaffee, Arkansas, for construction 

4 of a Live Fire Shoot House, the Secretary of the Army 

5 may construct up to 5,869 square feet of Live Fire Shoot 

6 House. 

7 (c) AUTHORITY TO CARRY OUT ARMY NATIONAL

8 GUARD PROJECT, WINDSOR LOCKS, CONNECTICUT.—In 

9 the case of the authorization contained in the table in sec10 tion 2601 of the Military Construction Authorization Act 

11 for Fiscal Year 2011 (division B of Public Law 111–383; 

12 124 Stat. 4451) for Windsor Locks, Connecticut, for con13 struction of a Readiness Center, the Secretary of the Army 

14 may construct up to 119,510 square feet of a Readiness 

15 Center. 

16 (d) AUTHORITY TO CARRY OUT ARMY NATIONAL

17 GUARD PROJECT, KALAELOA, HAWAII.—In the case of 

18 the authorization contained in the table in section 2601 

19 of the Military Construction Authorization Act for Fiscal 

20 Year 2011 (division B of Public Law 111–383; 124 Stat. 

21 4451) for Kalaeloa, Hawaii, for construction of a Com22 bined Support Maintenance Shop, the Secretary of the 

23 Army may construct up to 137,548 square feet of a Com24 bined Support Maintenance Shop. 


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1 (e) AUTHORITY TO CARRY OUT ARMY NATIONAL

2 GUARD PROJECT, WICHITA, KANSAS.—In the case of the 

3 authorization contained in the table in section 2601 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2011 (division B of Public Law 111–383; 124 Stat. 4451) 

6 for Wichita, Kansas, for construction of a Field Mainte7 nance Shop, the Secretary of the Army may construct up 

8 to 62,102 square feet of a Field Maintenance Shop. 

9 (f) AUTHORITY TO CARRY OUT ARMY NATIONAL

10 GUARD PROJECT, MINDEN, LOUISIANA.—In the case of 

11 the authorization contained in the table in section 2601 

12 of the Military Construction Authorization Act for Fiscal 

13 Year 2011 (division B of Public Law 111–383; 124 Stat. 

14 4451) for Minden, Louisiana, for construction of a Readi15 ness Center, the Secretary of the Army may construct up 

16 to 90,944 square feet of a Readiness Center. 

17 (g) AUTHORITY TO CARRY OUT ARMY NATIONAL

18 GUARD PROJECT, SAINT INIGOES, MARYLAND.—In the 

19 case of the authorization contained in the table in section 

20 2601 of the Military Construction Authorization Act for 

21 Fiscal Year 2011 (division B of Public Law 111–383; 124 

22 Stat. 4451) for Saint Inigoes, Maryland, for construction 

23 of a Tactical Unmanned Aircraft System Facility, the Sec24 retary of the Army may construct up to 10,298 square 

25 feet of a Tactical Unmanned Aircraft System Facility. 


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1 (h) AUTHORITY TO CARRY OUT ARMY NATIONAL

2 GUARD PROJECT, CAMP GRAFTON, NORTH DAKOTA.—In 

3 the case of the authorization contained in the table in sec4 tion 2601 of the Military Construction Authorization Act 

5 for Fiscal Year 2011 (division B of Public Law 111–383; 

6 124 Stat. 4451) for Camp Grafton, North Dakota, for 

7 construction of a Readiness Center, the Secretary of the 

8 Army may construct up to 68,671 square feet of a Readi9 ness Center. 

10 (i) AUTHORITY TO CARRY OUT ARMY NATIONAL

11 GUARD PROJECT, WATERTOWN, SOUTH DAKOTA.—In the 

12 case of the authorization contained in the table in section 

13 2601 of the Military Construction Authorization Act for 

14 Fiscal Year 2011 (division B of Public Law 111–383; 124 

15 Stat. 4451) for Watertown, South Dakota, for construc16 tion of a Readiness Center, the Secretary of the Army may 

17 construct up to 97,865 square feet of a Readiness Center. 

18 (j) AUTHORITY TO CARRY OUT AIR NATIONAL

19 GUARD PROJECT, NASHVILLE, TENNESSEE.—In the case 

20 of the authorization contained in the table in section 2604 

21 of the Military Construction Authorization Act for Fiscal 

22 Year 2011 (division B of Public Law 111–383; 124 Stat. 

23 4453) for Nashville International Airport, Tennessee, for 

24 renovation of an Intelligence Squadron Facility, the Sec25 retary of the Air Force may convert up to 4,023 square 


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1 meters of existing facilities to bed down Intelligence Group 

2 and Remotely Piloted Aircraft Remote Split Operations 

3 Group missions, consistent with the Air National Guard’s 

4 construction guidelines for these missions. 

5 SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN 

6 FISCAL YEAR 2009 PROJECT. 

7 (a) EXTENSION.—Notwithstanding section 2002 of 

8 the Military Construction Authorization Act for Fiscal 

9 Year 2009 (division B of Public Law 110–417; 122 Stat. 

10 4658), the authorization set forth in the table in sub11 section (b), as provided in section 2604 of that Act (122 

12 Stat. 4706), shall remain in effect until October 1, 2013, 

13 or the date of the enactment of an Act authorizing funds 

14 for military construction for fiscal year 2014, whichever 

15 is later. 

16 (b) TABLE.—The table referred to in subsection (a) 

17 is as follows:

Air National Guard: Extension of 2009 Project Authorizations

State Installation or

Location Project Amount

Mississippi ........ Gulfport-Biloxi International Airport ........ Relocate Munitions 

Complex ................ $3,400,000

18 SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN 

19 FISCAL YEAR 2010 PROJECTS. 

20 (a) EXTENSION.—Notwithstanding section 2002 of 

21 the Military Construction Authorization Act for Fiscal 

22 Year 2010 (division B of Public Law 111–84; 123 Stat. 


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1 2627), the authorizations set forth in the tables in sub2 section (b), as provided in sections 2602 and 2604 of that 

3 Act (123 Stat. 2649, 2651), shall remain in effect until 

4 October 1, 2013, or the date of the enactment of an Act 

5 authorizing funds for military construction for fiscal year 

6 2014, whichever is later. 

7 (b) TABLE.—The tables referred to in subsection (a) 

8 are as follows:

Army Reserve: Extension of 2010 Project Authorizations

State Installation or 

Location Project Amount

California ......... Camp Pendleton Army Reserve Center ............ $19,500,000

Connecticut ...... Bridgeport .......... Army Reserve Center/Land ... $18,500,000

Air National Guard: Extension of 2010 Project Authorization

State Installation or 

Location Project Amount

Mississippi ......... Gulfport-Biloxi 

Airport ......... Relocate Base Entrance ............. $6,500,000

9 TITLE XXVII—BASE REALIGN10 MENT AND CLOSURE ACTIVI11 TIES

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.


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1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

4 BASE REALIGNMENT AND CLOSURE ACTIVI5 TIES FUNDED THROUGH DEPARTMENT OF 

6 DEFENSE BASE CLOSURE ACCOUNT 1990. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal years beginning after September 30, 2012, for base 

9 realignment and closure activities, including real property 

10 acquisition and military construction projects, as author11 ized by the Defense Base Closure and Realignment Act 

12 of 1990 (part A of title XXIX of Public Law 101–510; 

13 10 U.S.C. 2687 note) and funded through the Department 

14 of Defense Base Closure Account 1990 established by sec15 tion 2906 of such Act as specified in the funding table 

16 in section 4601. 

17 SEC. 2702. AUTHORIZATION OF APPROPRIATIONS FOR 

18 BASE REALIGNMENT AND CLOSURE ACTIVI19 TIES FUNDED THROUGH DEPARTMENT OF 

20 DEFENSE BASE CLOSURE ACCOUNT 2005. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal years beginning after September 30, 2012, for base 

23 realignment and closure activities, including real property 

24 acquisition and military construction projects, as author25 ized by the Defense Base Closure and Realignment Act 


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1 of 1990 (part A of title XXIX of Public Law 101–510; 

2 10 U.S.C. 2687 note) and funded through the Department 

3 of Defense Base Closure Account 2005 established by sec4 tion 2906A of such Act as specified in the funding table 

5 in section 4601. 

6 Subtitle B—Other Matters 

7 SEC. 2711. CONSOLIDATION OF DEPARTMENT OF DEFENSE 

8 BASE CLOSURE ACCOUNTS AND AUTHORIZED 

9 USES OF BASE CLOSURE ACCOUNT FUNDS. 

10 (a) ESTABLISHMENT OF SINGLE DEPARTMENT OF

11 DEFENSE BASE CLOSURE ACCOUNT; USE OF FUNDS.—

12 The Defense Base Closure and Realignment Act of 1990 

13 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

14 2687 note) is amended by striking sections 2906 and 

15 2906A and inserting the following new section 2906: 

16 ‘‘SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE AC17 COUNT. 

18 ‘‘(a) ESTABLISHMENT.—There is hereby established 

19 on the books of the Treasury an account to be known as 

20 the ‘Department of Defense Base Closure Account’ which 

21 shall be administered by the Secretary as a single account. 

22 ‘‘(b) CREDITS TO ACCOUNT.—There shall be credited 

23 to the Account the following: 

24 ‘‘(1) Funds authorized for and appropriated to 

25 the Account. 


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1 ‘‘(2) Funds transferred to the Account pursu2 ant to section 2711(b) of the Military Construction 

3 Authorization Act for Fiscal Year 2013. 

4 ‘‘(3) Funds that the Secretary may, subject to 

5 approval in an appropriation Act, transfer to the Ac6 count from funds appropriated to the Department of 

7 Defense for any purpose, except that funds may be 

8 transferred under the authority of this paragraph 

9 only after the date on which the Secretary transmits 

10 written notice of, and justification for, such transfer 

11 to the congressional defense committees. 

12 ‘‘(4) Proceeds received from the lease, transfer, 

13 or disposal of any property at a military installation 

14 closed or realigned under this part or the 1988 

15 BRAC law. 

16 ‘‘(c) USE OF ACCOUNT.—

17 ‘‘(1) AUTHORIZED PURPOSES.—The Secretary 

18 may use the funds in the Account only for the fol19 lowing purposes: 

20 ‘‘(A) To carry out the Defense Environ21 mental Restoration Program under section 

22 2701 of title 10, United States Code, and other 

23 environmental restoration and mitigation activi24 ties at military installations closed or realigned 

25 under this part or the 1988 BRAC law. 


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1 ‘‘(B) To cover property management, dis2 posal, and caretaker costs incurred at military 

3 installations closed or realigned under this part 

4 or the 1988 BRAC law. 

5 ‘‘(C) To cover costs associated with super6 vision, inspection, overhead, engineering, and 

7 design of military construction projects under8 taken under this part or the 1988 BRAC law 

9 before September 30, 2013, and subsequent 

10 claims, if any, related to such activities. 

11 ‘‘(D) To record, adjust, and liquidate obli12 gations properly chargeable to the following ac13 counts: 

14 ‘‘(i) The Department of Defense Base 

15 Closure Account 2005 established by sec16 tion 2906A of this part, as in effect on 

17 September 30, 2013. 

18 ‘‘(ii) The Department of Defense Base 

19 Closure Account 1990 established by this 

20 section, as in effect on September 30, 

21 2013. 

22 ‘‘(iii) The Department of Defense 

23 Base Closure Account established by sec24 tion 207 of the 1988 BRAC law, as in ef25 fect on September 30, 2013. 


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1 ‘‘(2) SOLE SOURCE OF FUNDS.—The Account 

2 shall be the sole source of Federal funds for the ac3 tivities specified in paragraph (1) at a military in4 stallation closed or realigned under this part or the 

5 1988 BRAC law. 

6 ‘‘(3) PROHIBITION ON USE OF ACCOUNT FOR

7 NEW MILITARY CONSTRUCTION.—Except as provided 

8 in paragraph (1), funds in the Account may not be 

9 used, directly or by transfer to another appropria10 tions account, to carry out a military construction 

11 project, including a minor military construction 

12 project, under section 2905(a) or any other provision 

13 of law at a military installation closed or realigned 

14 under this part or the 1988 BRAC law. 

15 ‘‘(d) DISPOSAL OR TRANSFER OF COMMISSARY

16 STORES AND PROPERTY PURCHASED WITH NON17 APPROPRIATED FUNDS.—

18 ‘‘(1) DEPOSIT OF PROCEEDS IN RESERVE AC19 COUNT.—If any real property or facility acquired, 

20 constructed, or improved (in whole or in part) with 

21 commissary store funds or nonappropriated funds is 

22 transferred or disposed of in connection with the clo23 sure or realignment of a military installation under 

24 this part, a portion of the proceeds of the transfer 

25 or other disposal of property on that installation 


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1 shall be deposited in the reserve account established 

2 under section 204(b)(7)(C) of the 1988 BRAC law. 

3 ‘‘(2) The amount so deposited under paragraph 

4 (1) shall be equal to the depreciated value of the in5 vestment made with such funds in the acquisition, 

6 construction, or improvement of that particular real 

7 property or facility. The depreciated value of the in8 vestment shall be computed in accordance with regu9 lations prescribed by the Secretary. 

10 ‘‘(3) USE OF RESERVE FUNDS.—Subject to the 

11 limitation contained in section 204(b)(7)(C)(iii) of 

12 the 1988 BRAC law, amounts in the reserve account 

13 are hereby made available to the Secretary, without 

14 appropriation and until expended, for the purpose of 

15 acquiring, constructing, and improving—

16 ‘‘(A) commissary stores; and 

17 ‘‘(B) real property and facilities for non18 appropriated fund instrumentalities. 

19 ‘‘(e) CONSOLIDATED BUDGET JUSTIFICATION DIS20 PLAY FOR ACCOUNT.—

21 ‘‘(1) CONSOLIDATED BUDGET INFORMATION

22 REQUIRED.—The Secretary shall establish a consoli23 dated budget justification display in support of the 

24 Account that for each fiscal year—


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1 ‘‘(A) details the amount and nature of 

2 credits to, and expenditures from, the Account 

3 during the preceding fiscal year; 

4 ‘‘(B) separately details the caretaker and 

5 environmental remediation costs associated with 

6 each military installation for which a budget re7 quest is made; 

8 ‘‘(C) specifies the transfers into the Ac9 count and the purposes for which these trans10 ferred funds will be further obligated, to include 

11 caretaker and environment remediation costs 

12 associated with each military installation; 

13 ‘‘(D) specifies the closure or realignment 

14 recommendation, and the base closure round in 

15 which the recommendation was made, that pre16 cipitated the inclusion of the military installa17 tion; and 

18 ‘‘(E) details any intra-budget activity 

19 transfers within the Account that exceeded 

20 $1,000,000 during the preceding fiscal year or 

21 that are proposed for the next fiscal year and 

22 will exceed $1,000,000. 

23 ‘‘(2) SUBMISSION.—The Secretary shall include 

24 the information required by paragraph (1) in the 

25 materials that the Secretary submits to Congress in 


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1 support of the budget for a fiscal year submitted by 

2 the President pursuant to section 1105 of title 31, 

3 United States Code. 

4 ‘‘(f) CLOSURE OF ACCOUNT; TREATMENT OF RE5 MAINING FUNDS.—

6 ‘‘(1) CLOSURE.—The Account shall be closed at 

7 the time and in the manner provided for appropria8 tion accounts under section 1555 of title 31, United 

9 States Code, except that unobligated funds which re10 main in the Account upon closure shall be held by 

11 the Secretary of the Treasury until transferred by 

12 law after the congressional defense committees re13 ceive the final report transmitted under paragraph 

14 (2). 

15 ‘‘(2) FINAL REPORT.—No later than 60 days 

16 after the closure of the Account under paragraph 

17 (1), the Secretary shall transmit to the congressional 

18 defense committees a report containing an account19 ing of—

20 ‘‘(A) all the funds credited to and ex21 pended from the Account or otherwise expended 

22 under this part or the 1988 BRAC law; and 

23 ‘‘(B) any funds remaining in the Account. 

24 ‘‘(g) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘commissary store funds’ means 

2 funds received from the adjustment of, or surcharge 

3 on, selling prices at commissary stores fixed under 

4 section 2685 of title 10, United States Code. 

5 ‘‘(2) The term ‘nonappropriated funds’ means 

6 funds received from a nonappropriated fund instru7 mentality. 

8 ‘‘(3) The term ‘nonappropriated fund instru9 mentality’ means an instrumentality of the United 

10 States under the jurisdiction of the Armed Forces 

11 (including the Army and Air Force Exchange Serv12 ice, the Navy Resale and Services Support Office, 

13 and the Marine Corps exchanges) which is conducted 

14 for the comfort, pleasure, contentment, or physical 

15 or mental improvement of members of the Armed 

16 Forces. 

17 ‘‘(4) The term ‘1988 BRAC law’ means title II 

18 of the Defense Authorization Amendments and Base 

19 Closure and Realignment Act (Public Law 100–526; 

20 10 U.S.C. 2687 note).’’. 

21 (b) CLOSURE OF EXISTING CURRENT ACCOUNTS; 

22 TRANSFER OF FUNDS.—

23 (1) CLOSURE.—Subject to paragraph (2), the 

24 Secretary of the Treasury shall close, pursuant to 


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1 section 1555 of title 31, United States Code, the fol2 lowing accounts on the books of the Treasury: 

3 (A) The Department of Defense Base Clo4 sure Account 2005 established by section 

5 2906A of the Defense Base Closure and Re6 alignment Act of 1990 (part A of title XXIX of 

7 Public Law 101–510; 10 U.S.C. 2687 note), as 

8 in effect on the effective date of this section. 

9 (B) The Department of Defense Base Clo10 sure Account 1990 established by section 2906 

11 of the Defense Base Closure and Realignment 

12 Act of 1990 (part A of title XXIX of Public 

13 Law 101–510; 10 U.S.C. 2687 note), as in ef14 fect on the effective date of this section. 

15 (C) The Department of Defense Base Clo16 sure Account established by section 207 of the 

17 Defense Authorization Amendments and Base 

18 Closure and Realignment Act (Public Law 100–

19 526; 10 U.S.C. 2687 note), as in effect on the 

20 effective date of this section. 

21 (2) TRANSFER OF FUNDS.—All amounts re22 maining in the three accounts specified in paragraph 

23 (1) as of the effective date of this section, shall be 

24 transferred, effective on that date, to the Depart25 ment of Defense Base Closure Account established 


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1 by section 2906 of the Defense Base Closure and 

2 Realignment Act of 1990, as added by subsection 

3 (a). 

4 (3) CROSS REFERENCES.—Except as provided 

5 in this subsection or the context requires otherwise, 

6 any reference in a law, regulation, document, paper, 

7 or other record of the United States to an account 

8 specified in paragraph (1) shall be deemed to be a 

9 reference to the Department of Defense Base Clo10 sure Account established by section 2906 of the De11 fense Base Closure and Realignment Act of 1990, as 

12 added by subsection (a). 

13 (c) CONFORMING AMENDMENTS.—

14 (1) REPEAL OF FORMER ACCOUNT.—Section 

15 207 of the Defense Authorization Amendments and 

16 Base Closure and Realignment Act (Public Law 

17 100–526; 10 U.S.C. 2687 note) is repealed. 

18 (2) REPEAL OF OBSOLETE REPORTING RE19 QUIREMENT.—Section 2907 of the Defense Base 

20 Closure and Realignment Act of 1990 (part A of 

21 title XXIX of Public Law 101–510; 10 U.S.C. 2687 

22 note) is repealed. 

23 (3) DEFINITION.—

24 (A) 1990 LAW.—Section 2910(1) of the 

25 Defense Base Closure and Realignment Act of 


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1 1990 (part A of title XXIX of Public Law 101–

2 510; 10 U.S.C. 2687 note) is amended by strik3 ing ‘‘1990 established by section 2906(a)(1)’’ 

4 and inserting ‘‘established by section 2906(a)’’. 

5 (B) 1988 LAW.—The Defense Authoriza6 tion Amendments and Base Closure and Re7 alignment Act (Public Law 100–526; 10 U.S.C. 

8 2687 note) is amended—

9 (i) in section 204(b)(7)(A), by striking 

10 ‘‘established by section 207(a)(1)’’; and 

11 (ii) in section 209(1), by striking ‘‘es12 tablished by section 207(a)(1)’’ and insert13 ing ‘‘established by section 2906(a) of the 

14 Defense Base Closure and Realignment 

15 Act of 1990 (part A of title XXIX of Pub16 lic Law 101–510; 10 U.S.C. 2687 note)’’. 

17 (4) ENVIRONMENTAL RESTORATION.—Chapter 

18 160 of title 10, United States Code, is amended—

19 (A) in section 2701(d)(2), by striking ‘‘De20 partment of Defense Base Closure Account 

21 1990 or the Department of Defense Base Clo22 sure Account 2005 established under sections 

23 2906 and 2906A’’ and inserting ‘‘Department 

24 of Defense Base Closure Account established by 

25 section 2906’’; 


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1 (B) in section 2703(h)—

2 (i) by striking ‘‘the applicable Depart3 ment of Defense base closure account’’ and 

4 inserting ‘‘the Department of Defense 

5 Base Closure Account established under 

6 section 2906 of the Defense Base Closure 

7 and Realignment Act of 1990 (part A of 

8 title XXIX of Public Law 101–510; 10 

9 U.S.C. 2687 note)’’; and 

10 (ii) by striking ‘‘the applicable base 

11 closure account’’ and inserting ‘‘such base 

12 closure account’’; and 

13 (C) in section 2705(g)(2), by striking 

14 ‘‘Closure Account 1990’’ and inserting ‘‘Closure 

15 Account’’. 

16 (5) DEPARTMENT OF DEFENSE HOUSING

17 FUNDS.—Section 2883 of such title is amended—

18 (A) in subsection (c)—

19 (i) by striking subparagraph (G) of 

20 paragraph (1); and 

21 (ii) by striking subparagraph (G) of 

22 paragraph (2); and 

23 (B) in subsection (f)—

24 (i) in the first sentence, by striking 

25 ‘‘or (G)’’ both places it appears; and 


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1 (ii) by striking the second sentence. 

2 (d) EFFECTIVE DATE.—This section and the amend3 ments made by this section shall take effect on the later 

4 of—

5 (1) October 1, 2013; and 

6 (2) the date of the enactment of an Act author7 izing funds for military construction for fiscal year 

8 2014. 

9 SEC. 2712. REVISED BASE CLOSURE AND REALIGNMENT RE10 STRICTIONS AND COMPTROLLER GENERAL 

11 ASSESSMENT OF DEPARTMENT OF DEFENSE 

12 COMPLIANCE WITH CODIFIED BASE CLOSURE 

13 AND REALIGNMENT RESTRICTIONS. 

14 (a) CIVILIAN PERSONNEL REDUCTIONS BELOW PRE15 SCRIBED THRESHOLDS.—Section 2687 of title 10, United 

16 States Code, is amended—

17 (1) by redesignating subsection (e) as sub18 section (g) and moving such subsection to the end 

19 of the section; 

20 (2) by redesignating subsections (c) and (d) as 

21 subsections (d) and (e), respectively; and 

22 (3) by inserting after subsection (b) the fol23 lowing new subsection (c): 

24 ‘‘(c) No action described in subsection (a) with re25 spect to the closure of, or realignment with respect to, any 


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1 military installation referred to in such subsection may be 

2 taken within five years after the date on which a decision 

3 is made to reduce the civilian personnel thresholds below 

4 the levels prescribed in such subsection.’’. 

5 (b) COMPTROLLER GENERAL ASSESSMENT.—Not 

6 later than 180 days after the date of the enactment of 

7 this Act, the Comptroller General of the United States 

8 shall submit to the congressional defense committees a re9 port reviewing the process and criteria used by the De10 partment of Defense to make decisions relating to closures 

11 and realignments at military installations, including clo12 sures and realignments occurring both above and below 

13 the threshold levels specified in section 2687 of title 10, 

14 United States Code. 

15 (c) CONFORMING AMENDMENTS RELATING TO RE16 DESIGNATION OF DEFINITIONS SUBSECTION.—Title 10, 

17 United States Code, is amended as follows: 

18 (1) Section 2391(d)(1) is amended by striking 

19 ‘‘section 2687(e)’’ and inserting ‘‘section 2687’’. 

20 (2) Section 2667(i)(3) is amended by striking 

21 ‘‘section 2687(e)(1)’’ and inserting ‘‘section 2687’’. 

22 TITLE XXVIII—MILITARY CON23 STRUCTION GENERAL PROVI24 SIONS

Subtitle A—Military Construction Program and Military Family Housing 

Changes 


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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. 

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 


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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.

1 Subtitle A—Military Construction 

2 Program and Military Family 

3 Housing Changes 

4 SEC. 2801. AUTHORIZED COST AND SCOPE VARIATIONS. 

5 Section 2853 of title 10, United States Code, is 

6 amended—

7 (1) in subsection (a), by striking ‘‘was approved 

8 originally’’ and inserting ‘‘was authorized’’; 

9 (2) in subsection (b)—

10 (A) in paragraph (1), by adding at the end 

11 the following: ‘‘Any reduction in scope of work 

12 for a military construction project shall not re13 sult in a facility or item of infrastructure that 

14 is not complete and useable or does not fully 


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1 meet the mission requirement contained in the 

2 justification data provided to Congress as part 

3 of the request for authorization of the project, 

4 construction, improvement, or acquisition.’’; and 

5 (B) by adding at the end the following new 

6 paragraph: 

7 ‘‘(3) In this subsection, the term ‘scope of work’ re8 fers to the function, size, or quantity of a facility or item 

9 of complete and useable infrastructure contained in the 

10 justification data provided to Congress as part of the re11 quest for authorization of the project, construction, im12 provement, or acquisition.’’; 

13 (3) in subsection (c)(1)(A), by striking ‘‘and the 

14 reasons therefor, including a description’’ and insert15 ing ‘‘, the reasons therefor, a certification that the 

16 mission requirement identified in the justification 

17 data provided to Congress can be still be met with 

18 the reduced scope, and a description’’; and 

19 (4) by adding at the end the following new sub20 section: 

21 ‘‘(e) Notwithstanding the authority under subsections 

22 (a) through (d), the Secretary concerned shall ensure com23 pliance of contracts for military construction projects and 

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1 tary family housing projects with section 1341 of title 31 

2 (commonly referred to as the ‘Anti-Deficiency Act’).’’. 

3 SEC. 2802. PREPARATION OF MASTER PLANS FOR MAJOR 

4 MILITARY INSTALLATIONS. 

5 (a) MILITARY INSTALLATION MASTER PLANS.—Sub6 chapter III of chapter 169 of title 10, United States Code, 

7 is amended by inserting after section 2863 the following 

8 new section: 

9 ‘‘§ 2864. Master plans for major military installations 

10 ‘‘(a) PLANS REQUIRED.—At a time interval pre11 scribed by the Secretary concerned (but not less frequently 

12 than once every 10 years), the commander of each major 

13 military installation under the jurisdiction of the Secretary 

14 shall ensure that an installation master plan is developed 

15 to address environmental planning, sustainable design and 

16 development, sustainable range planning, real property 

17 master planning, and transportation planning. 

18 ‘‘(b) TRANSPORTATION COMPONENT.—The transpor19 tation component of the master plan for a major military 

20 installation shall be developed and updated in consultation 

21 with the metropolitan planning organization designated 

22 for the metropolitan planning area in which the military 

23 installation is located. 

24 ‘‘(c) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘major military installation’ has 

2 the meaning given to the term ‘large site’ in the 

3 most recent version of the Department of Defense 

4 Base Structure Report issued before the time inter5 val prescribed for development of installation master 

6 plans arises under subsection (a). 

7 ‘‘(2) The terms ‘metropolitan planning area’ 

8 and ‘metropolitan planning organization’ have the 

9 meanings given those terms in section 134(b) of title 

10 23 and section 5303(b) of title 49.’’. 

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

12 at the beginning of subchapter III of chapter 169 of such 

13 title is amended by inserting after the item relating to sec14 tion 2863 the following new item:

‘‘2864. Master plans for major military installations.’’.

15 SEC. 2803. OVERSIGHT AND ACCOUNTABILITY FOR MILI16 TARY HOUSING PRIVATIZATION PROJECTS 

17 AND RELATED ANNUAL REPORTING RE18 QUIREMENTS. 

19 (a) FINANCIAL INTEGRITY AND ACCOUNTABILITY

20 MEASURES FOR SUSTAINMENT OF PRIVATIZATION

21 PROJECTS.—

22 (1) FINANCIAL INTEGRITY AND ACCOUNT23 ABILITY MEASURES REQUIRED.—Section 2885 of 

24 title 10, United States Code, is amended by adding 

25 at the end the following new subsection: 


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1 ‘‘(f) FINANCIAL INTEGRITY AND ACCOUNTABILITY

2 MEASURES.—(1) The regulations required by subsection 

3 (a) shall address the following requirements for each mili4 tary housing privatization project upon the completion of 

5 the construction or renovation of the housing units: 

6 ‘‘(A) The financial health and performance of 

7 the privatization project, including the debt-coverage 

8 ratio of the project and occupancy rates for the 

9 housing units. 

10 ‘‘(B) An assessment of the backlog of mainte11 nance and repair of the housing units. 

12 ‘‘(2) If the debt service coverage for a military hous13 ing privatization project falls below 1.0 or the occupancy 

14 rates for the housing units of the project are below 75 

15 percent for more than one year, the Secretary concerned 

16 shall require the development of a plan to address the fi17 nancial risk of the project.’’. 

18 (2) CONFORMING AMENDMENT.—Subsection (a) 

19 of such section is amended in the matter preceding 

20 paragraph (1) by inserting before the period at the 

21 end of the first sentence the following: ‘‘during the 

22 course of the construction or renovation of the hous23 ing units’’. 


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1 (b) ANNUAL REPORTING REQUIREMENTS.—Section 

2 2884 of such title is amended by striking subsection (b) 

3 and inserting the following new subsections: 

4 ‘‘(b) ANNUAL REPORTS TO ACCOMPANY BUDGET

5 MATERIALS.—The Secretary of Defense shall include each 

6 year in the materials that the Secretary submits to Con7 gress in support of the budget submitted by the President 

8 pursuant to section 1105 of title 31 the following: 

9 ‘‘(1) A separate report on the expenditures and 

10 receipts during the preceding fiscal year covering 

11 each of the Funds established under section 2883 of 

12 this title, including a description of the specific con13 struction, acquisition, or improvement projects from 

14 which funds were transferred and the privatization 

15 projects or contracts to which those funds were 

16 transferred. Each report shall also include, for each 

17 military department or defense agency, a description 

18 of all funds to be transferred to such Funds for the 

19 current fiscal year and the next fiscal year. 

20 ‘‘(2) A report setting forth, by armed force, the 

21 following: 

22 ‘‘(A) An estimate of the amounts of basic 

23 allowance for housing under section 403 of title 

24 37 that will be paid, during the current fiscal 

25 year and the fiscal year for which the budget is 


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1 submitted, to members of the armed forces liv2 ing in housing provided under the authorities in 

3 this subchapter. 

4 ‘‘(B) The number of units of military fam5 ily housing and military unaccompanied housing 

6 upon which the estimate under subparagraph 

7 (A) for the current fiscal year and the next fis8 cal year is based. 

9 ‘‘(3) A description of the plans for housing pri10 vatization activities to be carried out under this sub11 chapter—

12 ‘‘(A) during the fiscal year for which the 

13 budget is submitted; and 

14 ‘‘(B) during the period covered by the 

15 then-current future-years defense plan under 

16 section 221 of this title. 

17 ‘‘(4) A report identifying each family housing 

18 unit acquired or constructed under this subchapter 

19 that is used, or intended to be used, as quarters for 

20 a general officer or flag officer and for which the 

21 total operation, maintenance, and repair costs for 

22 the unit exceeded $50,000. For each housing unit so 

23 identified, the report shall also include the total of 

24 such operation, maintenance, and repair costs. 


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1 ‘‘(c) ANNUAL REPORT ON PRIVATIZATION

2 PROJECTS.—The Secretary of Defense shall submit to the 

3 congressional defense committees a semi-annual report 

4 containing on evaluation of the status of oversight and ac5 countability measures under section 2885 of this title for 

6 military housing privatization projects. To the extent each 

7 Secretary concerned has the right to attain the informa8 tion described in this subsection, each report shall include, 

9 at a minimum, the following: 

10 ‘‘(1) An assessment of the backlog of mainte11 nance and repair at each military housing privatiza12 tion project where a significant backlog exists, in13 cluding an estimation of the cost of eliminating the 

14 maintenance and repair backlog. 

15 ‘‘(2) If the debt associated with a privatization 

16 project exceeds net operating income or the occu17 pancy rates for the housing units are below 75 per18 cent for more than one year, the plan developed to 

19 mitigate the financial risk of the project. 

20 ‘‘(3) An assessment of any significant project 

21 variances between the actual and pro forma deposits 

22 in the recapitalization account. 

23 ‘‘(4) The details of any significant withdrawals 

24 from a recapitalization account, including the pur25 pose and rationale of the withdrawal and, if the 


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1 withdrawal occurs before the normal recapitalization 

2 period, the impact of the early withdrawal on the fi3 nancial health of the project. 

4 ‘‘(5) An assessment of the extent to which the 

5 information required to comply with paragraphs (1) 

6 through (4) has been requested by the Secretaries, 

7 but has not been made available. 

8 ‘‘(6) An assessment of cost assessed to mem9 bers of the armed forces for utilities compared to 

10 utility rates in the local area.’’. 

11 SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHOR12 ITY TO USE OPERATION AND MAINTENANCE 

13 FUNDS FOR CONSTRUCTION PROJECTS IN 

14 CERTAIN AREAS OUTSIDE THE UNITED 

15 STATES. 

16 Section 2808 of the Military Construction Authoriza17 tion Act for Fiscal Year 2004 (division B of Public Law 

18 108–136; 117 Stat. 1723), as most recently amended by 

19 section 2804 of the Military Construction Authorization 

20 Act for Fiscal Year 2012 (division B of Public Law 112–

21 81; 125 Stat. 1685), is further amended—

22 (1) in subsection (c)—

23 (A) by striking paragraph (2); 

24 (B) by redesignating paragraph (3) as 

25 paragraph (2); and 


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1 (C) in paragraph (2), as so redesignated, 

2 by striking the second sentence; and 

3 (2) in subsection (h)—

4 (A) in paragraph (1), by striking ‘‘Sep5 tember 30, 2012’’ and inserting ‘‘September 30, 

6 2013’’; and 

7 (B) in paragraph (2), by striking ‘‘fiscal 

8 year 2013’’ and inserting ‘‘fiscal year 2014’’. 

9 SEC. 2805. COMPTROLLER GENERAL REPORT ON IN-KIND 

10 PAYMENTS. 

11 (a) REPORTS REQUIRED.—

12 (1) INITIAL REPORT.—Not later than 270 days 

13 after the date of the enactment of this Act, the 

14 Comptroller General of the United States shall sub15 mit to the congressional defense committees a report 

16 on the construction or renovation of Department of 

17 Defense facilities with in-kind payments. The report 

18 shall cover construction or renovation projects begun 

19 during the preceding two years. 

20 (2) UPDATES.—Not later than one year after 

21 submitting the report required under paragraph (1), 

22 and annually thereafter for three years, the Comp23 troller General shall submit to the congressional de24 fense committees a report covering projects begun 

25 since the most recent report. 


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1 (b) CONTENT.—Each report required under sub2 section (a) shall include the following elements: 

3 (1) A listing of each facility constructed or ren4 ovated for the Department of Defense as payment in 

5 kind. 

6 (2) The value in United States dollars of that 

7 construction or renovation. 

8 (3) The source of the in-kind payment. 

9 (4) The agreement pursuant to which the in10 kind payment was made. 

11 (5) A description of the purpose and need for 

12 the construction or renovation. 

13 Subtitle B—Real Property and 

14 Facilities Administration 

15 SEC. 2811. CLARIFICATION OF PARTIES WITH WHOM DE16 PARTMENT OF DEFENSE MAY CONDUCT EX17 CHANGES OF REAL PROPERTY AT CERTAIN 

18 MILITARY INSTALLATIONS. 

19 Section 2869(a)(1) of title 10, United States Code, 

20 is amended—

21 (1) by striking ‘‘any eligible entity’’ and insert22 ing ‘‘any person’’; 

23 (2) by striking ‘‘the entity’’ and inserting ‘‘the 

24 person’’; and 


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1 (3) by striking ‘‘their control’’ and inserting 

2 ‘‘the person’s control’’. 

3 SEC. 2812. IDENTIFICATION REQUIREMENTS FOR ACCESS 

4 TO MILITARY INSTALLATIONS. 

5 (a) PROCEDURAL REQUIREMENTS FOR IDENTIFICA6 TION VERIFICATION.—Not later than 180 days after the 

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

8 shall publish procedural requirements regarding access to 

9 military installations in the United States by individuals, 

10 including individuals performing work under a contract 

11 awarded by the Department of Defense. The procedural 

12 requirements may vary between military installations, or 

13 parts of installations, depending on the nature of the in14 stallation, the nature of the access granted, and the level 

15 of security required. 

16 (b) ISSUES ADDRESSED.—The procedures required 

17 by subsection (a) shall address, at a minimum, the fol18 lowing: 

19 (1) The forms of identification to be required to 

20 permit entry. 

21 (2) The measures to be used to verify the au22 thenticity of such identification and identify individ23 uals who seek unauthorized access to a military in24 stallation through the use of fraudulent identifica25 tion or other means. 


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1 (3) The measures to be used to notify Depart2 ment of Defense security personnel of any attempt 

3 to gain unauthorized access to a military installa4 tion. 

5 SEC. 2813. REPORT ON PROPERTY DISPOSALS AT CERTAIN 

6 CLOSED MILITARY INSTALLATIONS AND AD7 DITIONAL AUTHORITIES TO ASSIST LOCAL 

8 COMMUNITIES IN THE VICINITY OF SUCH IN9 STALLATIONS. 

10 (a) REPORT REQUIRED.—Not later than 270 days 

11 after the date of the enactment of this Act, the Secretary 

12 of Defense shall submit to the congressional defense com13 mittees a report on the disposition of any closure of an 

14 active-duty military installation since 1988 in the United 

15 States that—

16 (1) was not subject to the property disposal 

17 provisions contained in the Defense Base Closure 

18 and Realignment Act of 1990 (part A of title XXIX 

19 of Public Law 101–510; 10 U.S.C. 2687 note); and 

20 (2) for which property disposals have not been 

21 completed as of the date of the enactment of this 

22 Act. 

23 (b) ELEMENTS.—The report required by subsection 

24 (a) shall include the following: 


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1 (1) A description of the status of property de2 scribed in subsection (a). 

3 (2) An assessment of the environmental condi4 tions of, and plans and costs for environmental re5 mediation for, each such property; 

6 (3) The plan and schedule, if currently avail7 able, for the disposal of each such property. 

8 (4) A description of additional future financial 

9 liability or other policy impacts to the Department 

10 of Defense that are likely to be incurred in the event 

11 that statutory authorities provided by Congress in 

12 connection with the disposition of military installa13 tions closed under a base closure law are extended 

14 to military installations closed apart from a base clo15 sure law and for which property disposals have not 

16 been completed as of the date of the enactment of 

17 this Act. 

18 (5) Such recommendations, if any, as the Sec19 retary of Defense considers appropriate for addi20 tional authorities to assist the Department in expe21 diting the disposal of property at closed military in22 stallations in order to facilitate economic redevelop23 ment for local communities. 

24 (c) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘base closure law’’ has the mean2 ing given that term in section 101(a)(17) of title 10, 

3 United States Code. 

4 (2) The term ‘‘military installation’’ means a 

5 base, camp, post, station, yard, center, homeport fa6 cility for any ship, or other activity under the juris7 diction of the Department of Defense in the United 

8 States. 

9 (3) The term ‘‘United States’’ means the sev10 eral States, the District of Columbia, the Common11 wealth of Puerto Rico, American Samoa, the Virgin 

12 Islands, the Commonwealth of the Northern Mar13 iana Islands, and Guam. 

14 SEC. 2814. REPORT ON REORGANIZATION OF AIR FORCE 

15 MATERIEL COMMAND ORGANIZATIONS. 

16 (a) REPORT REQUIRED.—Not later than 180 days 

17 after the date of the enactment of this Act, the Secretary 

18 of Defense shall submit to the congressional defense com19 mittees a report on the reorganization of Air Force Mate20 riel Command organizations. 

21 (b) ELEMENTS.—The report required under sub22 section (a) shall include the following elements: 

23 (1) An assessment of the efficiencies and effec24 tiveness associated with the reorganization of Air 

25 Force Materiel Command organizations. 


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1 (2) An assessment of the organizational con2 struct to determine how institutional synergies that 

3 were previously available in a collocated center can 

4 be replicated in the new Air Force Materiel Com5 mand Center reorganization, including an assess6 ment of the following Air Force Materiel Command 

7 capabilities: 

8 (A) Science and Technology, Acquisition. 

9 (B) Developmental Test and Evaluation. 

10 (3) An assessment of synergistic efficiencies as11 sociated with capabilities of collocated organizations 

12 of other commands, including an assessment of the 

13 impact of the reorganization of the Air Force Mate14 riel Command on the responsibilities of other com15 mands regarding the following: 

16 (A) Operational Test and Evaluation. 

17 (B) Follow-on Operational Test and Eval18 uation. 

19 (4) An assessment of how the Air Force reorga20 nization of Air Force Materiel Command is in adher21 ence with section 2687 of title 10, United States 

22 Code. 

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1 retary of Defense and the degree to which any con2 cerns raised by such Office were addressed in the 

3 approach selected by the Air Force. 

4 Subtitle C—Energy Security 

5 SEC. 2821. CONGRESSIONAL NOTIFICATION FOR CON6 TRACTS FOR THE PROVISION AND OPER7 ATION OF ENERGY PRODUCTION FACILITIES 

8 AUTHORIZED TO BE LOCATED ON REAL 

9 PROPERTY UNDER THE JURISDICTION OF A 

10 MILITARY DEPARTMENT. 

11 Section 2662(a)(1) of title 10, United States Code, 

12 is amended by adding at the end the following new sub13 paragraph: 

14 ‘‘(H) Any transaction or contract action for the 

15 provision and operation of energy production facili16 ties on real property under the jurisdiction of the 

17 Secretary of a military department, as authorized by 

18 section 2922a(a)(2) of this title, if the term of the 

19 transaction or contract exceeds 20 years.’’. 

20 SEC. 2822. AVAILABILITY AND USE OF DEPARTMENT OF DE21 FENSE ENERGY COST SAVINGS TO PROMOTE 

22 ENERGY SECURITY. 

23 Section 2912(b)(1) of title 10, United States Code, 

24 is amended by inserting after ‘‘additional energy conserva25 tion’’ the following: ‘‘and energy security’’. 


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1 SEC. 2823. CONTINUATION OF LIMITATION ON USE OF 

2 FUNDS FOR LEADERSHIP IN ENERGY AND EN3 VIRONMENTAL DESIGN (LEED) GOLD OR 

4 PLATINUM CERTIFICATION. 

5 (a) ADDITIONAL REQUIREMENTS FOR REPORT ON

6 ENERGY-EFFICIENCY STANDARDS.—Subsection (a) of 

7 section 2830 of the Military Construction Authorization 

8 Act for Fiscal Year 2012 (division B of Public Law 112–

9 81; 125 Stat. 1695) is amended—

10 (1) in paragraph (1), by striking ‘‘Not later 

11 than June 30, 2012, the’’ and inserting ‘‘The’’; and 

12 (2) by striking paragraph (3) and inserting the 

13 following new paragraph (3): 

14 ‘‘(3) DEPARTMENT OF DEFENSE UNIFIED FA15 CILITIES CRITERIA AND RELATED POLICIES.—The 

16 report shall also include the Department of Defense 

17 Unified Facilities Criteria and related Department 

18 of Defense policies, which shall be updated—

19 ‘‘(A) to reflect comprehensive guidance for 

20 the pursuit of design and building standards 

21 throughout the Department of Defense that 

22 specifically address energy- and water-efficient 

23 standards and sustainable design attributes for 

24 military construction based on the cost-benefit 

25 analysis, return on investment, total ownership 

26 costs, and demonstrated payback of the design 


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1 standards specified in subparagraphs (A), (B), 

2 (C), and (D) of paragraph (2); and 

3 ‘‘(B) to ensure that the building design 

4 and certification standards are applied to each 

5 military construction project based on geo6 graphic location and local circumstances to en7 sure maximum savings.’’. 

8 (b) PROHIBITION ON USE OF FUNDS FOR LEED 

9 GOLD OR PLATINUM CERTIFICATION PENDING RE10 PORT.—Subsection (b)(1) of such section is amended—

11 (1) by striking ‘‘for fiscal year 2012’’ and in12 serting ‘‘for fiscal year 2012 or 2013’’; and 

13 (2) by inserting before the period at the end the 

14 following: ‘‘until the report required by subsection 

15 (a) is submitted to the congressional defense com16 mittees’’. 

17 SEC. 2824. GUIDANCE ON FINANCING FOR RENEWABLE EN18 ERGY PROJECTS. 

19 (a) GUIDANCE ON USE OF AVAILABLE FINANCING

20 APPROACHES.—

21 (1) ISSUANCE.—Not later than 180 days after 

22 the date of the enactment of this Act, the Secretary 

23 of Defense shall—


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1 (A) issue guidance about the use of avail2 able financing approaches for financing renew3 able energy projects; and 

4 (B) direct the Secretaries of the military 

5 departments to update their military depart6 ment-wide guidance accordingly. 

7 (2) ELEMENTS.—The guidance issued pursuant 

8 to paragraph (1) should describe the requirements 

9 and restrictions applicable to the underlying authori10 ties and any Department of Defense-specific guide11 lines for using appropriated funds and alternative-fi12 nancing approaches for renewable energy projects to 

13 maximize cost savings and energy efficiency for the 

14 Department of Defense. 

15 (b) GUIDANCE ON USE OF BUSINESS CASE ANAL16 YSES.—Not later than 180 days after the date of the en17 actment of this Act, the Secretary of Defense shall issue 

18 guidance that establishes and clearly describes the proc19 esses used by the military departments to select financing 

20 approaches for renewable energy projects to ensure that 

21 business case analyses are completed to maximize cost sav22 ings and energy efficiency and mitigate drawbacks and 

23 risks associated with different financing approaches. 

24 (c) INFORMATION SHARING.—Not later than 180 

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1 retary of Defense shall develop a formalized communica2 tions process, such as a shared Internet website, that will 

3 enable officials at military installations to have timely ac4 cess on an ongoing basis to information related to financ5 ing renewable energy projects on other installations, in6 cluding best practices and lessons that officials at other 

7 installations have learned from their experiences in financ8 ing renewable energy projects. 

9 (d) CONSULTATION.—The Secretary of Defense shall 

10 issue the guidance under subsections (a) and (b) and de11 velop the communications process under subsection (c) in 

12 consultation with the Under Secretary of Defense for Ac13 quisition, Technology, and Logistics and the Deputy 

14 Under Secretary of Defense for Installations and Environ15 ment. The Secretary of Defense shall also issue the guid16 ance under subsection (b) in consultation with the Secre17 taries of the military departments. 

18 SEC. 2825. ENERGY SAVINGS PERFORMANCE CONTRACT 

19 REPORT. 

20 (a) REPORT REQUIRED.—Not later than June 30, 

21 2013, the Secretary of Defense shall submit to the con22 gressional defense committees a report on the use of en23 ergy savings performance contracts awarded by the De24 partment of Defense during calendar years 2010, 2011, 

25 and 2012. 


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1 (b) ELEMENTS OF REPORT.—The report shall in2 clude the following (identified for each military depart3 ment separately): 

4 (1) The amount of appropriated funds that 

5 were obligated or expended during calendar years 

6 2010, 2011, and 2012 for energy savings perform7 ance contracts and any funds remaining to be obli8 gated or expended for such energy savings perform9 ance contracts. 

10 (2) The amount of such funds that have been 

11 used for comprehensive retrofits. 

12 (3) The amount of such funds that have been 

13 used to leverage private sector capital, including the 

14 amount of such capital. 

15 (4) The amount of savings that have been 

16 achieved, or that are expected to be achieved, as a 

17 result of such energy savings performance contracts. 

18 Subtitle D—Provisions Related to 

19 Asia-Pacific Military Realignment 

20 SEC. 2831. CERTIFICATION OF MILITARY READINESS NEED 

21 FOR A LIVE FIRE TRAINING RANGE COMPLEX 

22 ON GUAM AS CONDITION ON ESTABLISH23 MENT OF RANGE COMPLEX. 

24 A Live Fire Training Range Complex on Guam may 

25 not be established (including any construction or lease of 


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1 lands related to such establishment) in coordination with 

2 the realignment of United States Armed Forces in the Pa3 cific until the Secretary of Defense certifies to the congres4 sional defense committees that there is a military training 

5 and readiness requirement for the Live Fire Training 

6 Range Complex. 

7 SEC. 2832. REALIGNMENT OF MARINE CORPS FORCES IN 

8 ASIA-PACIFIC REGION. 

9 (a) RESTRICTION ON USE OF FUNDS FOR REALIGN10 MENT.—Except as provided in subsection (c), none of the 

11 funds authorized to be appropriated under this Act, and 

12 none of the amounts provided by the Government of Japan 

13 for construction activities on land under the jurisdiction 

14 of the Department of Defense, may be obligated to imple15 ment the realignment of Marine Corps forces from Oki16 nawa to Guam or Hawaii until each of the following oc17 curs: 

18 (1) The Commander of the United States Pa19 cific Command provides to the congressional defense 

20 committees an assessment of the strategic and 

21 logistical resources needed to ensure the distributed 

22 lay-down of members of the Marine Corps in the 

23 United States Pacific Command Area of Responsi24 bility meets the contingency operations plans. 


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1 (2) The Secretary of Defense submits to the 

2 congressional defense committees master plans for 

3 the construction of facilities and infrastructure to 

4 execute the Marine Corps distributed lay-down on 

5 Guam and Hawaii, including a detailed description 

6 of costs and the schedule for such construction. 

7 (3) The Secretary of the Navy submits a plan 

8 to the congressional defense committees detailing the 

9 proposed investments and schedules required to re10 store facilities and infrastructure at Marine Corps 

11 Air Station Futenma. 

12 (4) A plan coordinated by all pertinent Federal 

13 agencies is provided to the congressional defense 

14 committees detailing descriptions of work, costs, and 

15 a schedule for completion of construction, improve16 ments, and repairs to the non-military utilities, fa17 cilities, and infrastructure, if any, on Guam affected 

18 by the realignment of forces. 

19 (b) RESTRICTION ON DEVELOPMENT OF PUBLIC IN20 FRASTRUCTURE.—If the Secretary of Defense determines 

21 that any grant, cooperative agreement, transfer of funds 

22 to another Federal agency, or supplement of funds avail23 able in fiscal year 2012 or 2013 under Federal programs 

24 administered by agencies other than the Department of 

25 Defense will result in the development (including repair, 


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1 replacement, renovation, conversion, improvement, expan2 sion, acquisition, or construction) of public infrastructure 

3 on Guam, the Secretary of Defense may not carry out 

4 such grant, transfer, cooperative agreement, or supple5 mental funding unless such grant, transfer, cooperative 

6 agreement, or supplemental funding is specifically author7 ized by law. 

8 (c) EXCEPTIONS TO FUNDING RESTRICTION.—The 

9 Secretary of Defense may use funds described in sub10 section (a)—

11 (1) to complete additional analysis or studies 

12 required under the National Environmental Policy 

13 Act of 1969 (42 U.S.C. 4321 et seq.) for proposed 

14 actions on Guam or Hawaii; 

15 (2) to initiate planning and design of construc16 tion projects at Andersen Air Force Base and An17 dersen South; and 

18 (3) to carry out any military construction 

19 project for which an authorization of appropriations 

20 is provided in section 2204, as specified in the fund21 ing table in section 4601. 

22 (d) DEFINITIONS.—In this section: 

23 (1) DISTRIBUTED LAY-DOWN.—The term ‘‘dis24 tributed lay-down’’ refers to the planned distribution 

25 of members of the Marine Corps in Okinawa, Guam, 


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1 Hawaii, Australia, and possibly elsewhere that is 

2 contemplated in support of the joint statement of 

3 the United States–Japan Security Consultative Com4 mittee issued April 26, 2012, in the District of Co5 lumbia (April 27, 2012, in Tokyo). 

6 (2) PUBLIC INFRASTRUCTURE.—The term 

7 ‘‘public infrastructure’’ means any utility, method of 

8 transportation, item of equipment, or facility under 

9 the control of a public entity or State or local gov10 ernment that is used by, or constructed for the ben11 efit of, the general public. 

12 (e) REPEAL OF SUPERSEDED LAW.—Section 2207 of 

13 the Military Construction Authorization Act for Fiscal 

14 Year 2012 (division B of Public Law 112-81; 125 Stat. 

15 1668) is repealed. 

16 Subtitle E—Land Conveyances 

17 SEC. 2841. MODIFICATION OF AUTHORIZED CONSIDER18 ATION, BROADWAY COMPLEX OF THE DE19 PARTMENT OF THE NAVY, SAN DIEGO, CALI20 FORNIA. 

21 Section 2732(b)(1)(A) of the Military Construction 

22 Authorization Act, 1987 (division B of Public 99–661; 

23 100 Stat. 4046) is amended by striking ‘‘constructed on 

24 such real property by the lessees.’’ and inserting the fol25 lowing: ‘‘constructed by the lessees—


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1 ‘‘(i) on such real property; or 

2 ‘‘(ii) on other real property within the bound3 aries of the metropolitan San Diego, California, 

4 area.’’. 

5 SEC. 2842. USE OF PROCEEDS, LAND CONVEYANCE, TYN6 DALL AIR FORCE BASE, FLORIDA. 

7 Section 2862(c) of the Military Construction Author8 ization Act for Fiscal Year 2000 (division B of Public Law 

9 106–65; 113 Stat. 869) is amended by striking ‘‘construct 

10 or improve military family housing units’’ and all that fol11 lows through the period at the end and inserting ‘‘improve 

12 or repair facilities at Tyndall Air Force Base.’’. 

13 SEC. 2843. LAND CONVEYANCE, JOHN KUNKEL ARMY RE14 SERVE CENTER, WARREN, OHIO. 

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

16 the Army may convey, without consideration, to the Vil17 lage of Lordstown, Ohio (in this section referred to as the 

18 ‘‘Village’’), all right, title, and interest of the United 

19 States in and to a parcel of real property, including any 

20 improvements thereon, consisting of approximately 6.95 

21 acres and containing the John Kunkel Army Reserve Cen22 ter located at 4967 Tod Avenue in Warren, Ohio, for the 

23 purpose of permitting the Village to use the parcel for 

24 public purposes. 


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1 (b) INTERIM LEASE.—Until such time as the real 

2 property described in subsection (a) is conveyed to the Vil3 lage, the Secretary may lease the property to the Village. 

4 (c) REVERSIONARY INTEREST.—If the Secretary de5 termines at any time that the real property conveyed 

6 under subsection (a) is not being used in accordance with 

7 the purpose of the conveyance specified in subsection (a) 

8 or that the Village has violated a condition imposed by 

9 subsection (e), all right, title, and interest in and to such 

10 real property, including any improvements thereto, shall, 

11 at the option of the Secretary, revert to and become the 

12 property of the United States, and the United States shall 

13 have the right of immediate entry onto such real property. 

14 A determination by the Secretary under this subsection 

15 shall be made on the record after an opportunity for a 

16 hearing. 

17 (d) PAYMENT OF COSTS OF CONVEYANCE.—

18 (1) PAYMENT REQUIRED.—The Secretary shall 

19 require the Village to cover costs (except costs for 

20 environmental remediation of the property) to be in21 curred by the Secretary, or to reimburse the Sec22 retary for such costs incurred by the Secretary, to 

23 carry out the conveyance under subsection (a), in24 cluding survey costs, costs for environmental docu25 mentation, and any other administrative costs reVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01333 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 lated to the conveyance. If amounts are collected 

2 from the Village in advance of the Secretary incur3 ring the actual costs, and the amount collected ex4 ceeds the costs actually incurred by the Secretary to 

5 carry out the conveyance, the Secretary shall refund 

6 the excess amount to the Village. 

7 (2) TREATMENT OF AMOUNTS RECEIVED.—

8 Amounts received as reimbursement under para9 graph (1) shall be credited to the fund or account 

10 that was used to cover those costs incurred by the 

11 Secretary in carrying out the conveyance. Amounts 

12 so credited shall be merged with amounts in such 

13 fund or account, and shall be available for the same 

14 purposes, and subject to the same conditions and 

15 limitations, as amounts in such fund or account. 

16 (e) CONDITIONS OF CONVEYANCE.—The conveyance 

17 of the real property under subsection (a) shall be subject 

18 to the following conditions: 

19 (1) That the Village not use any Federal funds 

20 to cover any portion of the conveyance costs required 

21 by subsection (d) to be paid by the Village or to 

22 cover the costs for the design or construction of any 

23 facility on the property. 


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1 (2) That the Village begin using the property 

2 for public purposes before the end of the five-year 

3 period beginning on the date of conveyance. 

4 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

5 and legal description of the property to be conveyed under 

6 subsection (a) shall be determined by a survey satisfactory 

7 to the Secretary. 

8 (g) ADDITIONAL TERMS.—The Secretary may re9 quire such additional terms and conditions in connection 

10 with the conveyance as the Secretary considers appro11 priate to protect the interests of the United States. 

12 SEC. 2844. LAND CONVEYANCE, CASTNER RANGE, FORT 

13 BLISS, TEXAS. 

14 (a) CONVEYANCE AUTHORIZED.—

15 (1) CONVEYANCE AUTHORITY.—The Secretary 

16 of the Army may convey, without consideration, to 

17 the Parks and Wildlife Department of the State of 

18 Texas (in this section referred to as the ‘‘Depart19 ment’’) all right, title, and interest of the United 

20 States in and to a parcel of real property, including 

21 any improvements thereon, consisting of approxi22 mately 7,081 acres at Fort Bliss, Texas, for the pur23 pose of permitting the Department to establish and 

24 operate a park as an element of the Franklin Moun25 tains State Park. 


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1 (2) PIECEMEAL CONVEYANCES.—In anticipa2 tion of the conveyance of the entire parcel of real 

3 property described in paragraph (1), the Secretary 

4 may subdivide the parcel and convey to the Depart5 ment portions of the real property as the Secretary 

6 determines that the condition of the real property is 

7 compatible with the Department’s intended use of 

8 the property. 

9 (b) REVERSIONARY INTEREST.—If the Secretary de10 termines at any time that the real property conveyed 

11 under subsection (a) is not being used in accordance with 

12 the purpose of the conveyance, all right, title, and interest 

13 in and to such real property, including any improvements 

14 thereto, shall, at the option of the Secretary, revert to and 

15 become the property of the United States, and the United 

16 States shall have the right of immediate entry onto such 

17 real property. A determination by the Secretary under this 

18 subsection shall be made on the record after an oppor19 tunity for a hearing. 

20 (c) PAYMENT OF COSTS OF CONVEYANCES.—

21 (1) PAYMENT REQUIRED.—The Secretary shall 

22 require the Department to cover costs to be incurred 

23 by the Secretary, or to reimburse the Secretary for 

24 costs incurred by the Secretary, to carry out the 

25 land conveyance under this section, including survey 


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1 costs, costs related to environmental documentation, 

2 and other administrative costs related to the convey3 ance. If amounts are collected from the Department 

4 in advance of the Secretary incurring the actual 

5 costs, and the amount collected exceeds the costs ac6 tually incurred by the Secretary to carry out the 

7 land exchange, the Secretary shall refund the excess 

8 amount to Department. This paragraph does not 

9 apply to costs associated with the environmental re10 mediation of the property to be conveyed. 

11 (2) TREATMENT OF AMOUNTS RECEIVED.—

12 Amounts received as reimbursements under para13 graph (1) shall be credited to the fund or account 

14 that was used to cover the costs incurred by the Sec15 retary in carrying out the land exchange. Amounts 

16 so credited shall be merged with amounts in such 

17 fund or account and shall be available for the same 

18 purposes, and subject to the same conditions and 

19 limitations, as amounts in such fund or account. 

20 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

21 and legal descriptions of the parcels of real property to 

22 be conveyed under subsection (a) shall be determined by 

23 a survey satisfactory to the Secretary. 

24 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

25 Secretary may require such additional terms and condiVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01337 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 tions in connection with the conveyances under subsection 

2 (a) as the Secretary considers appropriate to protect the 

3 interests of the United States. 

4 SEC. 2845. MODIFICATION OF LAND CONVEYANCE, FORT 

5 HOOD, TEXAS. 

6 Section 2848(a) of the Military Construction Author7 ization Act for Fiscal Year 2005 (division B of Public Law 

8 108–375; 118 Stat. 2140) is amended by striking ‘‘for the 

9 sole purpose’’ and all that follows through ‘‘Central 

10 Texas.’’ and inserting the following: ‘‘for the purpose of 

11 permitting the University System to use the property—

12 ‘‘(1) for the establishment of a State-supported 

13 university, separate from other universities of the 

14 University System, designated as Texas A&M Uni15 versity, Central Texas; and 

16 ‘‘(2) for such other educational purposes as the 

17 University System considers to be appropriate and 

18 the Secretary of the Army determines to be compat19 ible with military activities in the vicinity of the 

20 property.’’. 

21 SEC. 2846. LAND CONVEYANCE, LOCAL TRAINING AREA FOR 

22 BROWNING ARMY RESERVE CENTER, UTAH. 

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

24 the Army may convey, without consideration, to the State 

25 of Utah Department of Veterans Affairs (in this section 


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1 referred to as the ‘‘Department’’) all right, title, and inter2 est of the United States in and to a parcel of unimproved 

3 real property consisting of approximately five acres of the 

4 Local Training Area for the Browning Army Reserve Cen5 ter, Utah, for the purpose of constructing and operating 

6 a Community Based Outpatient Clinic adjacent to the 

7 George E. Wahlen Veterans Home in Ogden, Utah. 

8 (b) PAYMENT OF COSTS OF CONVEYANCE.—

9 (1) PAYMENT REQUIRED.—The Secretary may 

10 require the Department to cover costs to be incurred 

11 by the Secretary, or to reimburse the Secretary for 

12 costs incurred by the Secretary, to carry out the 

13 conveyance under subsection (a), including survey 

14 costs, costs related to environmental documentation, 

15 and other administrative costs related to the convey16 ance. If amounts paid to the Secretary in advance 

17 exceed the costs actually incurred by the Secretary 

18 to carry out the conveyance, the Secretary shall re19 fund the excess amount to the Department. 

20 (2) TREATMENT OF AMOUNTS RECEIVED.—

21 Amounts received as reimbursement under para22 graph (1) shall be credited to the fund or account 

23 that was used to cover the costs incurred by the De24 partment. Amounts so credited shall be merged with 

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1 able for the same purposes, and subject to the same 

2 conditions and limitations, as amounts in such fund 

3 or account. 

4 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

5 and legal description of the real property to be conveyed 

6 under subsection (a) shall be determined by a survey satis7 factory to the Secretary. 

8 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

9 Secretary may require such additional terms and condi10 tions in connection with the conveyance under subsection 

11 (a) as the Secretary considers appropriate to protect the 

12 interests of the United States. 

13 Subtitle F—Other Matters 

14 SEC. 2851. MODIFICATION OF NOTICE REQUIREMENTS IN 

15 ADVANCE OF PERMANENT REDUCTION OF 

16 SIZABLE NUMBERS OF MEMBERS OF THE 

17 ARMED FORCES AT MILITARY INSTALLA18 TIONS. 

19 (a) CALCULATION OF NUMBER OF AFFECTED MEM20 BERS.—Subsection (a) of section 993 of title 10, United 

21 States Code, is amended by adding at the end the fol22 lowing new sentence: ‘‘In calculating the number of mem23 bers to be reduced, the Secretary shall take into consider24 ation both direct reductions and indirect reductions.’’. 


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1 (b) NOTICE REQUIREMENTS.—Subsection (b) of such 

2 section is amended by striking paragraphs (1) through (3) 

3 and inserting the following new paragraphs: 

4 ‘‘(1) the Secretary of Defense or the Secretary 

5 of the military department concerned—

6 ‘‘(A) submits to Congress a notice of the 

7 proposed reduction and the number of military 

8 and civilian personnel assignments affected, in9 cluding reductions in base operations support 

10 services and personnel to occur because of the 

11 proposed reduction; and 

12 ‘‘(B) includes in the notice a justification 

13 for the reduction and an evaluation of the costs 

14 and benefits of the reduction and of the local 

15 economic, strategic, and operational con16 sequences of the reduction; and 

17 ‘‘(2) a period of 90 days expires following the 

18 day on which the notice is submitted to Congress.’’. 

19 (c) DEFINITIONS.—Such section is further amended 

20 by adding at the end the following new subsection: 

21 ‘‘(d) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘indirect reduction’ means subse23 quent planned reductions or relocations in base oper24 ations support services and personnel able to occur 

25 due to the direct reductions. 


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1 ‘‘(2) The term ‘military installation’ means a 

2 base, camp, post, station, yard, center, homeport fa3 cility for any ship, or other activity under the juris4 diction of the Department of Defense, including any 

5 leased facility, which is located within any of the 

6 several States, the District of Columbia, the Com7 monwealth of Puerto Rico, American Samoa, the 

8 Virgin Islands, the Commonwealth of the Northern 

9 Mariana Islands, or Guam. Such term does not in10 clude any facility used primarily for civil works, riv11 ers and harbors projects, or flood control projects.’’. 

12 SEC. 2852. ACCEPTANCE OF GIFTS AND SERVICES TO SUP13 PORT MILITARY MUSEUM PROGRAMS AND 

14 USE OF COOPERATIVE AGREEMENTS WITH 

15 NONPROFIT ENTITIES FOR MILITARY MU16 SEUM AND MILITARY EDUCATIONAL INSTITU17 TION PROGRAMS. 

18 (a) ACCEPTANCE OF GIFTS AND SERVICES.—

19 (1) IN GENERAL.—Subsection (a) of section 

20 2601 of title 10, United States Code, is amended—

21 (A) by striking ‘‘Subject to subsection 

22 (d)(2), the’’ and inserting ‘‘(1) The’’; and 

23 (B) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(2)(A) Notwithstanding section 1342 of title 31, the 

2 Secretary concerned may accept a gift of services for a 

3 military museum program from a nonprofit entity estab4 lished for the purpose of supporting a military museum 

5 program. Employees or personnel of a nonprofit entity 

6 who provide a gift of services under this subparagraph 

7 may not be considered to be employees of the United 

8 States. 

9 ‘‘(B) For the use and benefit of a military museum 

10 program, the Secretary concerned may solicit from a bona 

11 fide collector a gift of books, manuscripts, works of art, 

12 historical artifacts, drawings, plans, models, or condemned 

13 or obsolete combat materiel.’’. 

14 (2) CONFORMING AMENDMENTS.—Such section 

15 is further amended—

16 (A) in subsection (b)(1), by striking ‘‘Sub17 ject to subsection (d)(2), the’’ and inserting 

18 ‘‘The’’; 

19 (B) in subsection (d)—

20 (i) in paragraph (1), by striking ‘‘sub21 section (b)’’ and inserting ‘‘such sub22 sections’’; and 

23 (ii) in paragraph (2), by striking ‘‘and 

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1 ices may not be accepted under sub2 section’’ and inserting ‘‘, money, and serv3 ices may not be accepted under subsection 

4 (a) or’’; and 

5 (C) in subsection (f), by striking ‘‘or 

6 money accepted under subsection (a) and any 

7 property, money, or services accepted under 

8 subsection’’ and inserting ‘‘, money, or services 

9 accepted under subsection (a) or’’. 

10 (b) AUTHORITY FOR COOPERATIVE AGREEMENTS.—

11 (1) IN GENERAL.—Chapter 155 of such title is 

12 amended by adding at the end the following new sec13 tion: 

14 ‘‘§ 2615. Military museums and military education 

15 programs: cooperative agreement author16 ity 

17 ‘‘(a) USE AUTHORIZED.—The Secretary concerned 

18 may enter into a cooperative agreement with a nonprofit 

19 entity for purposes related to—

20 ‘‘(1) a military museum program; or 

21 ‘‘(2) the support of a military educational insti22 tution program. 

23 ‘‘(b) COOPERATIVE AGREEMENT DESCRIBED.—For 

24 purposes of subsection (a), an authorized cooperative 

25 agreement is described in section 6305 of title 31, except 


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1 that the use of a cooperative agreement by the Secretary 

2 concerned is limited to nonprofit entities.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such chapter is amended 

5 by adding at the end the following new item:

‘‘2615. Military museums and military education programs: cooperative agreement authority.’’.

6 SEC. 2853. ADDITIONAL EXEMPTIONS FROM CERTAIN RE7 QUIREMENTS APPLICABLE TO FUNDING FOR 

8 DATA SERVERS AND CENTERS. 

9 Section 2867(c) of the Military Construction Author10 ization Act for Fiscal Year 2012 (division B of Public Law 

11 112–81; 125 Stat. 1706; 10 U.S.C. 2223a note) is amend12 ed—

13 (1) by striking ‘‘EXCEPTION.—The Chief’’ and 

14 inserting the following: ‘‘EXCEPTIONS.—

15 ‘‘(1) INTELLIGENCE COMPONENTS.—The 

16 Chief’’; and 

17 (2) by inserting at the end the following new 

18 paragraph: 

19 ‘‘(2) RESEARCH, DEVELOPMENT, TEST, AND

20 EVALUATION PROGRAMS.—The Chief Information 

21 Officer of the Department may exempt from the ap22 plicability of this section research, development, test, 

23 and evaluation programs that use authorization of 

24 appropriations for the High Performance Computing 


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1 Modernization Program (Program Element 

2 0603461A) if the Chief Information Officer deter3 mines that the exemption is in the best interest of 

4 national security.’’. 

5 SEC. 2854. REDESIGNATION OF THE CENTER FOR HEMI6 SPHERIC DEFENSE STUDIES AS THE WILLIAM 

7 J. PERRY CENTER FOR HEMISPHERIC DE8 FENSE STUDIES. 

9 (a) REDESIGNATION.—The Department of Defense 

10 regional center for security studies known as the Center 

11 for Hemispheric Defense Studies is hereby renamed the 

12 ‘‘William J. Perry Center for Hemispheric Defense Stud13 ies’’. 

14 (b) CONFORMING AMENDMENTS.—

15 (1) REFERENCE TO REGIONAL CENTERS FOR

16 STRATEGIC STUDIES.—Section 184 of title 10, 

17 United States Code, is amended—

18 (A) in subsection (b)(2)(C), by striking 

19 ‘‘The Center for Hemispheric Defense Studies’’ 

20 and inserting ‘‘The William J. Perry Center for 

21 Hemispheric Defense Studies’’; and 

22 (B) in subsection (f)(5), by striking ‘‘the 

23 Center for Hemispheric Defense Studies’’ and 

24 inserting ‘‘the William J. Perry Center for 

25 Hemispheric Defense Studies’’. 


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1 (2) ACCEPTANCE OF GIFTS AND DONATIONS.—

2 Section 2611(a)(2)(C) of such title is amended by 

3 striking ‘‘Center for Hemispheric Defense Studies.’’ 

4 and inserting ‘‘William J. Perry Center for Hemi5 spheric Defense Studies.’’. 

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

7 of Defense Center for Hemispheric Defense Studies in any 

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

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

10 the William J. Perry Center for Hemispheric Defense 

11 Studies. 

12 SEC. 2855. SENSE OF CONGRESS REGARDING ESTABLISH13 MENT OF MILITARY DIVERS MEMORIAL AT 

14 WASHINGTON NAVY YARD. 

15 It is the sense of Congress that the Secretary of the 

16 Navy should provide an appropriate site at the former 

17 Navy Dive School at the Washington Navy Yard for a me18 morial to honor the members of the Armed Forces who 

19 have served as divers and whose service in defense of the 

20 United States has been carried out beneath the waters of 

21 the world, subject to the conditions that—

22 (1) the memorial be paid for with private funds; 

23 and 


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1 (2) the Secretary of the Navy retain exclusive 

2 authority to approve the design and site of the me3 morial. 

4 SEC. 2856. LIMITATION ON AVAILABILITY OF FUNDS PEND5 ING REPORT REGARDING ACQUISITION OF 

6 LAND AND DEVELOPMENT OF A TRAINING 

7 RANGE FACILITY ADJACENT TO THE MARINE 

8 CORPS AIR GROUND COMBAT CENTER 

9 TWENTYNINE PALMS, CALIFORNIA. 

10 (a) FINDINGS.—Congress makes the following find11 ings: 

12 (1) The Marine Corps has studied the feasi13 bility of acquiring land and developing a training 

14 range facility to conduct Marine Expeditionary Bri15 gade level live-fire training on or near the West 

16 Coast. 

17 (2) The Bureau of Land Management estimates 

18 on national economic impact show $261,500,000 in 

19 commerce at risk. 

20 (3) Economic impact on the local community is 

21 estimated to be $71,100,000. 

22 (b) LIMITATION OF FUNDS PENDING REPORT.—

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

24 may not obligate or expend funds for the transfer of 

25 land or development of a new training range on land 


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1 adjacent to the Marine Corps Air Ground Combat 

2 Center Twentynine Palms, California, until the Sec3 retary of the Navy has provided the congressional 

4 defense committees a report on the Marine Corps’ 

5 efforts with respect to the proposed training range. 

6 (2) ELEMENTS OF REPORT.—The report re7 quired under paragraph (1) shall be submitted not 

8 later than 90 days after the date of the enactment 

9 of this Act and shall include the following: 

10 (A) A description of the actual training re11 quirements for the proposed range and where 

12 those training requirements are currently being 

13 met to support combat deployments. 

14 (B) Identification of the impact on off-road 

15 vehicle recreational users of the land, the eco16 nomic impact on the local economy, the recre17 ation industry, and any other stakeholders. 

18 (C) Identification of any concerns dis19 cussed with the Bureau of Land Management 

20 regarding their assessments of the impact on 

21 other users. 

22 (D) Identification of the impact on the 

23 State of California’s 1980 Desert Conservation 

24 Plan regarding allocation of the Off Highway 

25 Vehicle Recreation Areas. 


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1 (E) An evaluation of the potential to use 

2 the same land without transfer, but under spe3 cific permits for use provided by the Bureau of 

4 Land Management (as such permits are used at 

5 other locations from the Forest Service and Bu6 reau of Land Management). 

7 (F) An evaluation of any potential impacts 

8 on other Bureau of Land Management lands 

9 proximate to Marine Corps Air Ground Combat 

10 Center Twentynine Palms or other locations in 

11 the geographic region. 

12 (3) SECRETARY OF DEFENSE WAIVER.—In the 

13 event of urgent national need, the Secretary of De14 fense may notify the congressional defense commit15 tees and waive the requirement for the report re16 quired under paragraph (1). 

17 SEC. 2857. OVERSIGHT AND MAINTENANCE OF CLOSED 

18 BASE CEMETERIES OVERSEAS CONTAINING 

19 THE REMAINS OF MEMBERS OF THE ARMED 

20 FORCES OR CITIZENS OF THE UNITED 

21 STATES. 

22 (a) OVERSIGHT AND MAINTENANCE PLAN RE23 QUIRED.—Not later than 30 days after the closure of a 

24 United States military installation located outside of the 

25 United States that includes a cemetery containing the reVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01350 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 mains of members of the Armed Forces or citizens of the 

2 United States, the Secretary of Defense shall submit to 

3 the Committees on Armed Services of the Senate and the 

4 House of Representatives a report containing a plan to 

5 ensure the oversight and continued operation and mainte6 nance of the cemetery. 

7 (b) PLAN ELEMENTS.—The plan for a military in8 stallation cemetery outside of the United States required 

9 by subsection (a) shall—

10 (1) specify the Federal agency or private entity 

11 that will assume responsibility for the operation and 

12 maintenance of the cemetery following the closure of 

13 the installation; and 

14 (2) describe the information with regard to the 

15 cemetery that has been provided to the responsible 

16 agency or private entity. 

17 SEC. 2858. REPORT ON ESTABLISHMENT OF JOINT ARMED 

18 FORCES HISTORICAL STORAGE AND PRESER19 VATION FACILITY. 

20 Not later than 180 days after the date of the enact21 ment of this Act, the Secretary of Defense shall submit 

22 to the congressional defense committees a report setting 

23 forth an assessment of the feasability and advisability of 

24 establishing a joint Armed Forces historical storage and 

25 preservation facility. The report shall include a description 


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1 and assessment of the current capacities and qualities of 

2 the historical storage and preservation installations of 

3 each of the Armed Forces, including the following: 

4 (1) An identification of any excess capacity at 

5 any such installation. 

6 (2) An identification of any shortfalls in the ca7 pacity or quality of such installations of any Armed 

8 Force, and a description of possible actions to ad9 dress such shortfalls. 

10 SEC. 2859. ESTABLISHMENT OF COMMEMORATIVE WORK 

11 TO GOLD STAR MOTHERS. 

12 (a) ELIGIBLE FEDERAL LAND.—In this section, the 

13 term ‘‘eligible Federal land’’ means Federal land depicted 

14 as ‘‘Area I’’ or ‘‘Area II’’ on the map numbered 869/

15 86501 B and dated June 24, 2003. The term does not 

16 include the Reserve (as defined in section 8902(a) of title 

17 40, United States Code). 

18 (b) COMMEMORATIVE WORK AUTHORIZED.—The 

19 Gold Star Mothers National Monument Foundation may 

20 establish a commemorative work on eligible Federal land 

21 to commemorate the sacrifices made by mothers, and 

22 made by their sons and daughters who as members of the 

23 Armed Forces make the ultimate sacrifice, in defense of 

24 the United States. 


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1 (c) COMPLIANCE WITH STANDARDS FOR COMMEMO2 RATIVE WORKS.—Chapter 89 of title 40, United States 

3 Code, and other applicable Federal laws and regulations 

4 shall apply to the establishment of the commemorative 

5 work authorized by this section. 

6 (d) PROHIBITION ON USE OF FEDERAL FUNDS.—

7 The Gold Star Mothers National Monument Foundation 

8 may not use Federal funds to establish the commemora9 tive work authorized by this section. 

10 (e) DEPOSIT OF EXCESS FUNDS.—

11 (1) UPON ESTABLISHMENT OF COMMEMORA12 TIVE WORK.—If, upon payment of all expenses for 

13 the establishment of the commemorative work au14 thorized by this section (including the maintenance 

15 and preservation amounts required by section 

16 8906(b)(1) of title 40, United States Code), there 

17 remains a balance of funds received for the estab18 lishment of the commemorative work, the Gold Star 

19 Mothers National Monument Foundation shall 

20 transmit the amount of the balance to the account 

21 provided for in section 8906(b)(3) of such title. 

22 (2) UPON EXPIRATION OF AUTHORITY TO ES23 TABLISH COMMEMORATIVE WORK.—If, upon expira24 tion of the authority for the commemorative work 

25 under section 8903(e) of title 40, United Sates 


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1 Code, there remains a balance of funds received for 

2 the establishment of the commemorative work, the 

3 Gold Star Mothers National Monument Foundation 

4 shall transmit the amount of the balance to a sepa5 rate account with the National Park Foundation for 

6 memorials, to be available to the Secretary of the In7 terior or Administrator of General Services (as ap8 propriate) following the process provided in section 

9 8906(b)(4) of such title for accounts established 

10 under section 8906(b)(3) of such title. 

11 SEC. 2860. ESTABLISHMENT OF COMMEMORATIVE WORK 

12 TO SLAVES AND FREE BLACK PERSONS WHO 

13 SERVED IN AMERICAN REVOLUTION. 

14 (a) ELIGIBLE FEDERAL LAND.—In this section, the 

15 term ‘‘eligible Federal land’’ means Federal land depicted 

16 as ‘‘Area I’’ or ‘‘Area II’’ on the map numbered 869/

17 86501 B and dated June 24, 2003. The term does not 

18 include the Reserve (as defined in section 8902(a) of title 

19 40, United States Code). 

20 (b) COMMEMORATIVE WORK AUTHORIZED.—The 

21 National Mall Liberty Fund D.C. may establish a memo22 rial on eligible Federal land to honor the more than 5,000 

23 courageous slaves and free Black persons who served as 

24 soldiers and sailors or provided civilian assistance during 

25 the American Revolution. 


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1 (c) COMPLIANCE WITH STANDARDS FOR COMMEMO2 RATIVE WORKS.—Chapter 89 of title 40, United States 

3 Code, and other applicable Federal laws and regulations 

4 shall apply to the establishment of the commemorative 

5 work authorized by this section. 

6 (d) PROHIBITION ON USE OF FEDERAL FUNDS.—

7 The National Mall Liberty Fund D.C. may not use Fed8 eral funds to establish the commemorative work author9 ized by this section. 

10 (e) DEPOSIT OF EXCESS FUNDS.—

11 (1) UPON ESTABLISHMENT OF COMMEMORA12 TIVE WORK.—If, upon payment of all expenses for 

13 the establishment of the commemorative work au14 thorized by this section (including the maintenance 

15 and preservation amounts required by section 

16 8906(b)(1) of title 40, United States Code), there 

17 remains a balance of funds received for the estab18 lishment of the commemorative work, the National 

19 Mall Liberty Fund D.C. shall transmit the amount 

20 of the balance to the account provided for in section 

21 8906(b)(3) of such title. 

22 (2) UPON EXPIRATION OF AUTHORITY TO ES23 TABLISH COMMEMORATIVE WORK.—If, upon expira24 tion of the authority for the commemorative work 

25 under section 8903(e) of title 40, United Sates 


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1 Code, there remains a balance of funds received for 

2 the establishment of the commemorative work, the 

3 National Mall Liberty Fund D.C. shall transmit the 

4 amount of the balance to a separate account with 

5 the National Park Foundation for memorials, to be 

6 available to the Secretary of the Interior or Adminis7 trator of General Services (as appropriate) following 

8 the process provided in section 8906(b)(4) of such 

9 title for accounts established under section 

10 8906(b)(3) of such title. 

11 (f) REPEAL OF JOINT RESOLUTIONS.—Public Law 

12 99–558 (110 Stat. 3144; 40 U.S.C. 8903 note) and Public 

13 Law 100–265 (102 Stat. 39; 40 U.S.C. 8903 note) are 

14 repealed. 

15 TITLE XXIX—OVERSEAS CONTIN16 GENCY OPERATIONS MILI17 TARY CONSTRUCTION

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

18 SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND 

19 ACQUISITION PROJECT. 

20 (a) OUTSIDE THE UNITED STATES.—The Secretary 

21 of the Navy may acquire real property and carry out the 

22 military construction project for the installation outside 

23 the United States, and in the amount, set forth in the 

24 following table:


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Navy: Outside the United States

Country Installation Amount

Djibouti ........................ Camp Lemonier ......................................... $99,420,000

1 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds 

2 are hereby authorized to be appropriated for fiscal years 

3 beginning after September 30, 2012, for the military con4 struction project outside the United States authorized by 

5 subsection (a) as specified in the funding table in section 

6 4602. 

7 DIVISION C—DEPARTMENT OF 

8 ENERGY NATIONAL SECURITY 

9 AUTHORIZATIONS AND 

10 OTHER AUTHORIZATIONS 

11 TITLE XXXI—DEPARTMENT OF 

12 ENERGY NATIONAL SECURITY 

13 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. 


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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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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.

1 Subtitle A—National Security 

2 Programs Authorizations 

3 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA4 TION. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

6 are hereby authorized to be appropriated to the Depart7 ment of Energy for fiscal year 2013 for the activities of 

8 the National Nuclear Security Administration in carrying 

9 out programs as specified in the funding table in section 

10 4701. 

11 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

12 From funds referred to in subsection (a) that are available 

13 for carrying out plant projects, the Secretary of Energy 

14 may carry out new plant projects for the National Nuclear 

15 Security Administration as follows:

16 Project 13–D–301, Electrical Infrastruc17 ture Upgrades, Lawrence Livermore National 

18 Laboratory, Livermore, California, and Los Al19 amos National Laboratory, Los Alamos, New 

20 Mexico, $23,000,000. 


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1 Project 13–D–903, Kesselring Site Proto2 type Staff Building, Kesselring Site, West Mil3 ton, New York, $14,000,000. 

4 Project 13–D–904, Kesselring Site Radio5 logical Work and Storage Building, Kesselring 

6 Site, West Milton, New York, $2,000,000. 

7 Project 13–D–905, Remote-Handled Low8 Level Waste Disposal Project, Idaho National 

9 Laboratory, $8,890,000. 

10 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

11 Funds are hereby authorized to be appropriated to 

12 the Department of Energy for fiscal year 2013 for defense 

13 environmental cleanup activities in carrying out programs 

14 as specified in the funding table in section 4701. 

15 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

16 Funds are hereby authorized to be appropriated to 

17 the Department of Energy for fiscal year 2013 for other 

18 defense activities in carrying out programs as specified in 

19 the funding table in section 4701. 

20 Subtitle B—Program Authoriza21 tions, Restrictions, and Limita22 tions 

23 SEC. 3111. AUTHORIZED PERSONNEL LEVELS OF THE OF24 FICE OF THE ADMINISTRATOR. 

25 (a) CAP ON FULL-TIME EQUIVALENT POSITIONS.—


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1 (1) IN GENERAL.—Subtitle C of the National 

2 Nuclear Security Administration Act (50 U.S.C. 

3 2441 et seq.) is amended by inserting after section 

4 3241 the following new section: 

5 ‘‘SEC. 3241A. AUTHORIZED PERSONNEL LEVELS OF THE OF6 FICE OF THE ADMINISTRATOR. 

7 ‘‘(a) FULL-TIME EQUIVALENT PERSONNEL LEV8 ELS.—

9 ‘‘(1) TOTAL NUMBER.—By October 1, 2014, 

10 the total number of employees of the Office of the 

11 Administrator may not exceed 1,825. 

12 ‘‘(2) EXCESS.—For fiscal year 2015 and each 

13 fiscal year thereafter, the Administrator may not ex14 ceed the total number of employees authorized under 

15 paragraph (1) unless, during each fiscal year in 

16 which such total number exceeds 1,825, the Admin17 istrator submits to the congressional defense com18 mittees a report justifying such excess. 

19 ‘‘(b) COUNTING RULE.—(1) A determination of the 

20 number of employees in the Office of the Administrator 

21 under subsection (a) shall be expressed on a full-time 

22 equivalent basis. 

23 ‘‘(2) Except as provided by paragraph (3), in deter24 mining the total number of employees in the Office of the 

25 Administrator under subsection (a), the Administrator 


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1 shall count each employee of the Office without regard to 

2 whether the employee is located at the headquarters of the 

3 Administration, a site office of the Administration, a serv4 ice or support center of the Administration, or any other 

5 location. 

6 ‘‘(3) The following employees may not be counted for 

7 purposes of determining the total number of employees in 

8 the Office of the Administrator under subsection (a): 

9 ‘‘(A) Employees of the Office of Naval Reac10 tors. 

11 ‘‘(B) Employees of the Office of Secure Trans12 portation. 

13 ‘‘(C) Members of the Armed Forces detailed to 

14 the Administration. 

15 ‘‘(D) Personnel supporting the Office of the Ad16 ministrator pursuant to the mobility program under 

17 subchapter VI of chapter 33 of title 5, United States 

18 Code (commonly referred to as the ‘Intergovern19 mental Personnel Act Mobility Program’). 

20 ‘‘(c) VOLUNTARY EARLY RETIREMENT.—In accord21 ance with section 3523 of title 5, United States Code, the 

22 Administrator may offer voluntary separation or retire23 ment incentives to meet the total number of employees au24 thorized under subsection (a). 


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1 ‘‘(d) USE OF IPA.—The Administrator shall ensure 

2 that the expertise of the national security laboratories and 

3 the nuclear weapons production facilities is made available 

4 to the Administration, the Department of Energy, the De5 partment of Defense, other Federal agencies, and Con6 gress through the temporary assignment of personnel from 

7 such laboratories and facilities pursuant to the Intergov8 ernmental Personnel Act Mobility Program and other 

9 similar programs.’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents at the beginning of such Act is amended by in12 serting after the item relating to section 3241 the 

13 following new item:

‘‘Sec. 3241A. Authorized personnel levels of the Office of the Administrator.’’.

14 (b) INCREASE IN EXCEPTED POSITIONS.—

15 (1) IN GENERAL.—Section 3241 of the Na16 tional Nuclear Security Administration Act (50 

17 U.S.C. 2441) is amended—

18 (A) by striking ‘‘300’’ and inserting 

19 ‘‘600’’; 

20 (B) by inserting ‘‘contracting, program 

21 management,’’ before ‘‘scientific’’; and 

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

23 sentence: ‘‘To ensure that the excepted posi24 tions established under this section are used, 

25 the Administrator, to the extent practicable, 


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1 shall appoint an individual to such an excepted 

2 position to replace the vacancy of a nonexcepted 

3 position.’’. 

4 (2) CONFORMING AMENDMENT.—The heading 

5 of such section is amended by inserting ‘‘CON6 TRACTING, PROGRAM MANAGEMENT,’’ before 

7 ‘‘SCIENTIFIC’’. 

8 (3) CLERICAL AMENDMENT.—The table of con9 tents at the beginning of such Act is amended by 

10 striking the item relating to section 3241 and insert11 ing the following new item:

‘‘Sec. 3241. Authority to establish certain contracting, program management, 

scientific, engineering, and technical positions.’’.

12 SEC. 3112. BUDGET JUSTIFICATION MATERIALS. 

13 Section 3251(b) of the National Nuclear Security Ad14 ministration Act (50 U.S.C. 2451(b)) is amended—

15 (1) by striking ‘‘In the’’ and inserting ‘‘(1) In 

16 the’’; and 

17 (2) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) In the budget justification materials submitted 

20 to Congress in support of each such budget, the Adminis21 trator shall include an assessment of how the budget 

22 maintains the core nuclear weapons skills of the Adminis23 tration, including nuclear weapons design, engineering, 

24 production, testing, and prediction of stockpile aging.’’. 


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1 SEC. 3113. NATIONAL NUCLEAR SECURITY ADMINISTRA2 TION COUNCIL. 

3 (a) NNSA COUNCIL.—Section 4102 of the Atomic 

4 Energy Defense Act (50 U.S.C. 2512) is amended to read 

5 as follows: 

6 ‘‘SEC. 4102. MANAGEMENT STRUCTURE FOR NUCLEAR SE7 CURITY ENTERPRISE. 

8 ‘‘(a) IN GENERAL.—The Administrator shall estab9 lish a management structure for the nuclear security en10 terprise in accordance with the National Nuclear Security 

11 Administration Act (50 U.S.C. 2401 et seq.). 

12 ‘‘(b) NATIONAL NUCLEAR SECURITY ADMINISTRA13 TION COUNCIL.—(1) The Administrator shall establish a 

14 council to be known as the ‘National Nuclear Security Ad15 ministration Council’. The Council may advise the Admin16 istrator on—

17 ‘‘(A) scientific and technical issues relating to 

18 policy matters; 

19 ‘‘(B) operational concerns; 

20 ‘‘(C) strategic planning; 

21 ‘‘(D) the development of priorities relating to 

22 the mission and operations of the Administration 

23 and the nuclear security enterprise; and 

24 ‘‘(E) such other matters as the Administrator 

25 determines appropriate. 


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1 ‘‘(2) The Council shall be composed of the directors 

2 of the national security laboratories and the nuclear weap3 ons production facilities. 

4 ‘‘(3) The Council may provide the Administrator or 

5 the Secretary of Energy recommendations for improving 

6 the—

7 ‘‘(A) governance, management, effectiveness, 

8 and efficiency of the Administration; and 

9 ‘‘(B) any other matter in accordance with para10 graph (1). 

11 ‘‘(4) Not later than 60 days after the date on which 

12 any recommendation under paragraph (3) is received, the 

13 Administrator or the Secretary, as the case may be, shall 

14 respond to the Council with respect to whether such rec15 ommendation will be implemented and the reasoning for 

16 implementing or not implementing such recommenda17 tion.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 at the beginning of such Act is amended by striking the 

20 item relating to section 4102 and inserting the following 

21 new item:

‘‘Sec. 4102. Management structure for nuclear security enterprise.’’.

22 SEC. 3114. REPLACEMENT PROJECT FOR CHEMISTRY AND 

23 METALLURGY RESEARCH BUILDING, LOS AL24 AMOS NATIONAL LABORATORY, NEW MEXICO. 

25 (a) PROJECT REQUIRED.—


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1 (1) IN GENERAL.—Subtitle A of title XLII of 

2 the Atomic Energy Defense Act (50 U.S.C. 2521 et 

3 seq.) is amended by adding at the end the following 

4 new section: 

5 ‘‘SEC. 4215. REPLACEMENT PROJECT FOR CHEMISTRY AND 

6 METALLURGY RESEARCH BUILDING, LOS AL7 AMOS NATIONAL LABORATORY, NEW MEXICO. 

8 ‘‘(a) REPLACEMENT BUILDING REQUIRED.—The 

9 Secretary of Energy shall construct at Los Alamos Na10 tional Laboratory, New Mexico, a building to replace the 

11 functions of the existing Chemistry and Metallurgy Re12 search Building at Los Alamos National Laboratory asso13 ciated with Department of Energy Hazard Category 2 spe14 cial nuclear material operations. 

15 ‘‘(b) LIMITATION ON COST.—The cost of the building 

16 constructed under subsection (a) may not exceed 

17 $3,700,000,000. If the Secretary determines the cost will 

18 exceed such amount, the Secretary shall submit a detailed 

19 justification for such increase to the congressional defense 

20 committees. 

21 ‘‘(c) PROJECT BASIS.—The construction authorized 

22 by subsection (a) shall use as its basis the facility project 

23 in the Department of Energy Readiness and Technical 

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1 cility replacement project at Los Alamos National Labora2 tory). 

3 ‘‘(d) ASSISTANCE.—(1) In carrying out this section, 

4 the Secretary shall procure the services of the Commander 

5 of the Naval Facilities Engineering Command to assist the 

6 Secretary with respect to the program management, over7 sight, and design activities of the project authorized by 

8 subsection (a). 

9 ‘‘(2) The Secretary shall carry out this subsection 

10 using funds made available for the National Nuclear Secu11 rity Administration. 

12 ‘‘(e) DEADLINE FOR COMMENCEMENT OF OPER13 ATIONS.—The building constructed under subsection (a) 

14 shall commence operations by not later than December 31, 

15 2026.’’. 

16 (2) CLERICAL AND TECHNICAL AMENDMENT.—

17 The table of contents at the beginning of such Act 

18 is amended by inserting after the item relating to 

19 section 4214, as added by section 3131(g)(2), the 

20 following new item:

‘‘Sec. 4215. Replacement project for Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico.’’.

21 (b) FUNDING.—

22 (1) FISCAL YEAR 2013 FUNDS.—

23 (A) IN GENERAL.—Except as provided in 

24 subparagraph (B), of the amounts authorized to 


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1 be appropriated by this Act for fiscal year 2013 

2 for the National Nuclear Security Administra3 tion, $70,000,000 shall be available for the con4 struction of the building authorized by section 

5 4215 of the Atomic Energy Defense Act, as 

6 added by subsection (a). 

7 (B) EXCEPTION.—The following amounts 

8 authorized to be appropriated by this Act for 

9 fiscal year 2013 for the National Nuclear Secu10 rity Administration shall not be available for 

11 the construction of the building: 

12 (i) Amounts available for Directed 

13 Stockpile Work. 

14 (ii) Amounts available for Naval Reac15 tors. 

16 (iii) Amounts available for the facility 

17 project in the Department of Energy Read18 iness and Technical Base designated 06–

19 D–141. 

20 (2) PRIOR FISCAL YEAR FUNDS.—Amounts au21 thorized to be appropriated for the Department of 

22 Energy for a fiscal year before fiscal year 2013 and 

23 available for the facility project in the Department 

24 of Energy Readiness and Technical Base designated 

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1 placement project at Los Alamos National Labora2 tory, New Mexico) shall be available for the con3 struction of the building authorized by section 4215 

4 of the Atomic Energy Defense Act, as added by sub5 section (a). 

6 (c) LIMITATION ON ALTERNATIVE PLUTONIUM

7 STRATEGY.—No funds authorized to be appropriated by 

8 this Act or any other Act may be obligated or expended 

9 on any activities associated with a plutonium strategy for 

10 the National Nuclear Security Administration that does 

11 not include achieving full operational capability of the re12 placement project by December 31, 2026, as required by 

13 section 4215(e) of the Atomic Energy Defense Act, as 

14 added by subsection (a). 

15 (d) NAVAL REACTOR STUDY.—

16 (1) IN GENERAL.—The Deputy Administrator 

17 for Naval Reactors shall conduct a study of the re18 placement project, including an analysis of the cost, 

19 benefits, and risks with respect to nuclear safety. 

20 (2) SUBMISSION.—Not later than 18 months 

21 after the date of the enactment of this Act, the Dep22 uty Administrator shall submit to the congressional 

23 defense committees a report on the study under 

24 paragraph (1), including recommendations of the 

25 Deputy Administrator with respect to the project 


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1 structure, oversight model, and potential cost sav2 ings of the replacement project. 

3 (3) CONSIDERATION OF RECOMMENDATIONS.—

4 In carrying out the replacement project, the Sec5 retary of Energy shall consider the recommendations 

6 made by the Deputy Administrator in the report 

7 under paragraph (2) and incorporate such rec8 ommendations into the project as the Secretary con9 siders appropriate. 

10 (4) FUNDING.—The Secretary of Energy and 

11 the Deputy Administrator shall carry out this sub12 section using funds authorized to be appropriated by 

13 this Act or otherwise made available for the National 

14 Nuclear Security Administration that are not made 

15 available for the Naval Nuclear Propulsion Program. 

16 (e) REPLACEMENT PROJECT DEFINED.—In this sec17 tion, the term ‘‘replacement project’’ means the replace18 ment project for the Chemistry and Metallurgy Research 

19 Building authorized by section 4215 of the Atomic Energy 

20 Defense Act, as added by subsection (a). 

21 SEC. 3115. DESIGN AND USE OF PROTOTYPES OF NUCLEAR 

22 WEAPONS. 

23 (a) PROTOTYPES.—Subtitle A of title XLV of the 

24 Atomic Energy Defense Act (50 U.S.C. 2651 et seq.) is 

25 amended by adding at the end the following new section: 


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1 ‘‘SEC. 4509. DESIGN AND USE OF PROTOTYPES OF NUCLEAR 

2 WEAPONS FOR INTELLIGENCE PURPOSES. 

3 ‘‘(a) PROTOTYPES.—The Administrator shall develop 

4 and carry out a plan for the national security laboratories 

5 and nuclear weapons production facilities to design and 

6 build prototypes of nuclear weapons to further intelligence 

7 estimates with respect to foreign nuclear weapons activi8 ties. 

9 ‘‘(b) PROHIBITION ON PRODUCTION OF NUCLEAR

10 YIELDS.—In carrying out subsection (a), the Adminis11 trator may not conduct any experiments that produce a 

12 nuclear yield.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 at the beginning of such Act is amended by inserting after 

15 the item relating to section 4508 the following new item:

‘‘Sec. 4509. Design and use of prototypes of nuclear weapons for intelligence 

purposes.’’.

16 SEC. 3116. TWO-YEAR EXTENSION OF SCHEDULE FOR DIS17 POSITION OF WEAPONS-USABLE PLUTONIUM 

18 AT SAVANNAH RIVER SITE, AIKEN, SOUTH 

19 CAROLINA. 

20 Section 4306 of the Atomic Energy Defense Act (50 

21 U.S.C. 2566) is amended—

22 (1) in subsection (a)(3)—

23 (A) in subparagraph (C), by striking 

24 ‘‘2012’’ and inserting ‘‘2014’’; and 


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1 (B) in subparagraph (D), by striking 

2 ‘‘2017’’ and inserting ‘‘2019’’; 

3 (2) in subsection (b)—

4 (A) in paragraph (1), by striking ‘‘by Jan5 uary 1, 2012’’; and 

6 (B) in paragraph (5), by striking ‘‘2012’’ 

7 and inserting ‘‘2014’’; 

8 (3) in subsection (c)—

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘2012’’ and inserting ‘‘2014’’; 

11 (B) in paragraph (1), by striking ‘‘2014’’ 

12 and inserting ‘‘2016’’; and 

13 (C) in paragraph (2), by striking ‘‘2020’’ 

14 each place it appears and inserting ‘‘2022’’; 

15 (4) in subsection (d)—

16 (A) in paragraph (1)—

17 (i) by striking ‘‘2014’’ and inserting 

18 ‘‘2016’’; and 

19 (ii) by striking ‘‘2019’’ and inserting 

20 ‘‘2021’’; and 

21 (B) in paragraph (2)(A), by striking 

22 ‘‘2020’’ each place it appears and inserting 

23 ‘‘2022’’; and 

24 (5) in subsection (e), by striking ‘‘2023’’ and 

25 inserting ‘‘2025’’. 


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1 SEC. 3117. TRANSPARENCY IN CONTRACTOR PERFORM2 ANCE EVALUATIONS BY THE NATIONAL NU3 CLEAR SECURITY ADMINISTRATION LEADING 

4 TO AWARD FEES. 

5 (a) PUBLICATION REQUIRED.—

6 (1) IN GENERAL.—Subtitle A of title XLVIII of 

7 the Atomic Energy Defense Act (50 U.S.C. 2781 et 

8 seq.) is amended by adding at the end the following 

9 new section: 

10 ‘‘SEC. 4805. PUBLICATION OF CONTRACTOR PERFORMANCE 

11 EVALUATIONS LEADING TO AWARD FEES. 

12 ‘‘(a) IN GENERAL.—The Administrator shall take ap13 propriate actions to make available to the public, to the 

14 maximum extent practicable, contractor performance eval15 uations conducted by the Administration of management 

16 and operating contractors of the nuclear security enter17 prise that results in the award of an award fee to the con18 tractor concerned. 

19 ‘‘(b) FORMAT.—Performance evaluations shall be 

20 made public under this section in a common format that 

21 facilitates comparisons of performance evaluations be22 tween and among similar management and operating con23 tracts.’’. 

24 (2) CLERICAL AMENDMENT.—The table of con25 tents at the beginning of such Act is amended by inVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01374 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 serting after the item relating to section 4803 the 

2 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.’’.

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall take effect on the date of the enact5 ment of this Act, and shall apply with respect to con6 tractor performance evaluations conducted by the Na7 tional Nuclear Security Administration on or after that 

8 date. 

9 SEC. 3118. MODIFICATION AND EXTENSION OF AUTHORITY 

10 ON ACCEPTANCE OF CONTRIBUTIONS FOR 

11 ACCELERATION OF REMOVAL OR SECURITY 

12 OF FISSILE MATERIALS, RADIOLOGICAL MA13 TERIALS, AND RELATED EQUIPMENT AT VUL14 NERABLE SITES WORLDWIDE. 

15 (a) PROGRAMS FOR WHICH FUNDS MAY BE ACCEPT16 ED.—Paragraph (2) of section 3132(f) of the Ronald W. 

17 Reagan National Defense Authorization Act for Fiscal 

18 Year 2005 (50 U.S.C. 2569(f)) is amended to read as fol19 lows: 

20 ‘‘(2) PROGRAMS COVERED.—The programs de21 scribed in this paragraph are any programs within 

22 the Office of Defense Nuclear Nonproliferation of 

23 the National Nuclear Security Administration.’’. 


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1 (b) EXTENSION.—Paragraph (7) of such section is 

2 amended by striking ‘‘December 31, 2013’’ and inserting 

3 ‘‘December 31, 2018’’. 

4 SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR 

5 CENTER OF EXCELLENCE ON NUCLEAR SECU6 RITY. 

7 (a) LIMITATION.—Of the funds authorized to be ap8 propriated by this Act or otherwise made available for fis9 cal year 2013 for the National Nuclear Security Adminis10 tration, not more than $7,000,000 may be obligated or 

11 expended for the United States-China Center of Excel12 lence on Nuclear Security until the date on which the Sec13 retary of Energy submits to the appropriate congressional 

14 committees the report under subsection (b)(2). 

15 (b) NUCLEAR SECURITY.—

16 (1) REVIEW.—The Secretary of Energy, in co17 ordination with the Secretary of Defense, shall con18 duct a review of the existing and planned non19 proliferation activities with the People’s Republic of 

20 China as of the date of the enactment of this Act 

21 to determine if the engagement is directly or indi22 rectly supporting the proliferation of nuclear weap23 ons development and technology to other nations. 

24 (2) REPORT.—Not later than 90 days after the 

25 date of the enactment of this Act, the Secretary of 


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1 Energy shall submit to the appropriate congressional 

2 committees a report certifying that the activities re3 viewed under paragraph (1) are not contributing to 

4 the proliferation of nuclear weapons development 

5 and technology to other nations. 

6 (c) FORM.—The report under subsection (b)(2) may 

7 be submitted in unclassified form and may include a clas8 sified annex. 

9 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

10 DEFINED.—In this section, the term ‘‘appropriate con11 gressional committees’’ means—

12 (1) the Committee on Armed Services and the 

13 Committee on Foreign Affairs of the House of Rep14 resentatives; and 

15 (2) the Committee on Armed Services and the 

16 Committee on Foreign Relations of the Senate. 

17 SEC. 3120. IMPROVEMENT AND STREAMLINING OF THE MIS18 SIONS AND OPERATIONS OF THE DEPART19 MENT OF ENERGY AND NATIONAL NUCLEAR 

20 SECURITY ADMINISTRATION. 

21 (a) IN GENERAL.—The Secretary of Energy and the 

22 Administrator for Nuclear Security shall review and, to 

23 the extent practicable, revise the Department of Energy 

24 Acquisition Regulation and other regulations, rules, direc25 tives, orders, and policies that apply to the administration, 


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1 execution, and oversight of the missions and operations 

2 of the Department of Energy and the National Nuclear 

3 Security Administration to improve and streamline such 

4 administration, execution, and oversight. 

5 (b) IMPROVEMENT AND STREAMLINING.—In carrying 

6 out subsection (a), the Secretary and the Administrator 

7 shall review and, to the extent practicable, carry out the 

8 following actions: 

9 (1) Streamline business processes and struc10 tures to reduce unnecessary, burdensome, or dupli11 cative approvals. 

12 (2) Delegate approval for work for others agree13 ments and cooperative research and development 

14 agreements (except those that the Secretary or Ad15 ministrator determine are high value or unique) to 

16 the lowest appropriate officials and streamline the 

17 approval processes. 

18 (3) Establish processes for ensuring routine or 

19 low-risk procurement and subcontracting decisions 

20 are made at the discretion of the management and 

21 operating contractors while ensuring that the Sec22 retary or Administrator apply appropriate oversight. 

23 (4) Assess procurement thresholds as of the 

24 date of the enactment of this Act and take steps as 

25 appropriate to adjust such thresholds. 


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1 (5) Eliminate duplicative or low-value reports 

2 and data calls and ensure consistency in manage3 ment and cost-accounting data. 

4 (6) Actions to otherwise streamline, clarify, and 

5 eliminate redundancy in the regulations, rules, direc6 tives, orders, and policies described by subsection 

7 (a). 

8 (c) BRIEFING.—

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of the enactment of this Act, the Sec11 retary and the Administrator shall provide to the ap12 propriate congressional committees a briefing on the 

13 review conducted under subsection (a), including the 

14 status of such review and any actions taken or 

15 planned to be taken to improve and streamline the 

16 regulations, rules, directives, orders, and policies de17 scribed in such subsection. 

18 (2) APPROPRIATE CONGRESSIONAL COMMIT19 TEES DEFINED.—In this subsection, the term ‘‘ap20 propriate congressional committees’’ means—

21 (A) the congressional defense committees; 

22 and 

23 (B) the Committee on Energy and Natural 

24 Resources of the Senate and the Committee on 


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1 Energy and Commerce of the House of Rep2 resentatives. 

3 SEC. 3121. COST-BENEFIT ANALYSES FOR COMPETITION OF 

4 MANAGEMENT AND OPERATING CONTRACTS. 

5 (a) REPORTS REQUIRED.—The Administrator for 

6 Nuclear Security shall submit to the congressional defense 

7 committees a report described in subsection (b) by not 

8 later than 30 days after the date on which the Adminis9 trator awards a contract to manage and operate a facility 

10 of the National Nuclear Security Administration. 

11 (b) REPORT DESCRIBED.—A report described in this 

12 subsection is a report on a contract described by sub13 section (a) that includes—

14 (1) the expected cost savings resulting from the 

15 competition for the contract over the life of the con16 tract; 

17 (2) the costs of the competition for the con18 tract, including the immediate costs of conducting 

19 the competition and any increased costs over the life 

20 of the contract; 

21 (3) a description of—

22 (A) any disruption or delay in mission ac23 tivities or deliverables resulting from the com24 petition for the contract; and 


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1 (B) any benefits of the competition to mis2 sion performance or operations; 

3 (4) how the competition for the contract com4 plied with the Federal Acquisition Regulation re5 garding federally funded research and development 

6 centers, if applicable; and 

7 (5) any other matters the Administrator con8 siders appropriate. 

9 (c) GAO REVIEW.—Not later than 90 days after each 

10 report is submitted to the congressional defense commit11 tees under subsection (a) or (d)(2), the Comptroller Gen12 eral of the United States shall submit to such committees 

13 a review of such report. 

14 (d) APPLICABILITY.—

15 (1) IN GENERAL.—The requirement for reports 

16 under subsection (a) shall apply with respect to a 

17 contract described by such subsection that is award18 ed by the Administrator during fiscal years 2013 

19 through 2017. 

20 (2) FISCAL YEARS 2012 AND 2013 CONTRACTS.—

21 For each contract described by subsection (a) that 

22 is awarded by the Administrator during fiscal years 

23 2012 or 2013 before the date of the enactment of 

24 this Act, the Administrator shall submit to the con25 gressional defense committees a report described in 


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1 subsection (b) by not later than 90 days after the 

2 date of such enactment. 

3 SEC. 3122. PROGRAM ON SCIENTIFIC ENGAGEMENT FOR 

4 NONPROLIFERATION. 

5 (a) PROGRAM REQUIRED.—

6 (1) SCIENTIFIC ENGAGEMENT.—The Secretary 

7 of Energy, acting through the Administrator for Nu8 clear Security, shall carry out a program on sci9 entific engagement in countries selected by the Sec10 retary for purposes of the program to advance global 

11 nonproliferation and nuclear security efforts. 

12 (2) ELEMENTS.—The program under para13 graph (1) shall include the following elements: 

14 (A) Training and capacity-building to 

15 strengthen nonproliferation and security best 

16 practices. 

17 (B) Engagement of scientists of the United 

18 States with foreign counterparts to advance 

19 nonproliferation goals. 

20 (3) DISTINCT PROGRAM.—The program re21 quired by this subsection shall be a distinct program 

22 from the Global Initiatives for Proliferation Preven23 tion program. 

24 (b) LIMITATION.—


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1 (1) REPORT ON COMMENCEMENT OF PRO2 GRAM.—Of the funds authorized to be appropriated 

3 by this Act or otherwise made available for fiscal 

4 year 2013 or any fiscal year thereafter for the Na5 tional Nuclear Security Administration, not more 

6 than 50 percent may be obligated or expended under 

7 the program under subsection (a) until the date on 

8 which the Administrator submits to the appropriate 

9 congressional committees a report setting forth the 

10 following: 

11 (A) For each country selected for the pro12 gram as of the date of such report—

13 (i) a proliferation threat assessment 

14 prepared by the Director of National Intel15 ligence; and 

16 (ii) metrics for evaluating the effec17 tiveness of the program. 

18 (B) Accounting standards for the conduct 

19 of the program approved by the Comptroller 

20 General of the United States. 

21 (2) FORM.—The report under paragraph (1) 

22 may be submitted in unclassified form and may in23 clude a classified annex. 

24 (c) REPORTS ON MODIFICATION OF PROGRAM.—


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1 (1) IN GENERAL.—Not later than 15 days be2 fore making any modification in the program under 

3 subsection (a) (including selecting a new country for 

4 the program, ceasing the selection of a country for 

5 the program, or modifying an element of the pro6 gram), the Administrator shall submit to the appro7 priate congressional committees a report on the 

8 modification. 

9 (2) NEW COUNTRY.—If the modification cov10 ered by a report under paragraph (1) consists of the 

11 selection for the program of a country not previously 

12 selected for the program, the report shall include, 

13 for each such country, the matters described in sub14 section (b)(1)(A). 

15 (3) FORM.—The report under paragraph (1) 

16 may be submitted in unclassified form and may in17 clude a classified annex. 

18 (d) REPORT ON COORDINATION WITH OTHER U.S. 

19 NONPROLIFERATION PROGRAMS.—Not later than 180 

20 days after the date of the enactment of this Act, the Ad21 ministrator shall submit to the appropriate congressional 

22 committees a report describing the manner in which the 

23 program under subsection (a) coordinates with and com24 plements, but does not duplicate, other nonproliferation 

25 programs of the Federal Government. 


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1 (e) COMPTROLLER GENERAL REPORT.—

2 (1) IN GENERAL.—Not later than two years 

3 after the date of the enactment of this Act, the 

4 Comptroller General of the United States shall sub5 mit to the appropriate congressional committees a 

6 report on the program under subsection (a). 

7 (2) MATTERS INCLUDED.—The report under 

8 paragraph (1) shall include the following: 

9 (A) An assessment by the Comptroller 

10 General of the effectiveness of the program, as 

11 determined in accordance with the metrics de12 scribed in subsection (b)(1)(A)(ii). 

13 (B) An assessment of how the program co14 ordinates with, complements, or duplicates 

15 other nonproliferation programs of the Federal 

16 Government. 

17 (C) Such other matters on the program as 

18 the Comptroller General considers appropriate. 

19 (f) TERMINATION.—The authority to carry out the 

20 program under subsection (a) shall expire on September 

21 30, 2016. 

22 (g) APPROPRIATE CONGRESSIONAL COMMITTEES

23 DEFINED.—In this section, the term ‘‘appropriate con24 gressional committees’’ means the following: 

25 (1) The congressional defense committees. 


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1 (2) The Committee on Foreign Affairs of the 

2 House of Representatives and the Committee on 

3 Foreign Relations of the Senate. 

4 SEC. 3123. COST CONTAINMENT FOR URANIUM CAPABILI5 TIES REPLACEMENT PROJECT. 

6 (a) EXECUTION PHASES FOR PROJECT.—Project 06–

7 D–141 for the Y–12 Uranium Processing Facility, Y–12 

8 National Security Complex, Oak Ridge, Tennessee, shall 

9 be hereafter known as the ‘‘Uranium Capabilities Replace10 ment Project’’. The project shall be broken into separate 

11 execution phases as follows: 

12 (1) Phase I, which shall consist of—

13 (A) processes and capabilities associated 

14 with building 9212, including uranium casting 

15 and uranium chemical processing; and 

16 (B) the support, administration, and logis17 tics facilities and the building structure and 

18 building-level utilities needed to carry out 

19 Phases II and III. 

20 (2) Phase II, which shall consist of processes 

21 and capabilities associated with buildings 9215 and 

22 9998, including uranium metal-working, machining, 

23 and inspection. 

24 (3) Phase III, which shall consist of processes 

25 and capabilities associated with building 9204–2E, 


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1 including radiography, assembly, disassembly, qual2 ity evaluation, and production certification oper3 ations of nuclear weapon secondaries. 

4 (b) BUDGETING AND AUTHORIZATION FOR EACH

5 PHASE.—

6 (1) BUDGETING FOR EACH PHASE REQUIRED.—

7 The Secretary of Energy shall budget separately for 

8 each Phase under subsection (a) of the project re9 ferred to in that subsection. 

10 (2) FUNDING PURSUANT TO SEPARATE AU11 THORIZATIONS OF APPROPRIATIONS.—Except as 

12 provided by paragraph (3), the Secretary may not 

13 proceed with a Phase under subsection (a) of the 

14 project referred to in that subsection except with 

15 funds expressly authorized to be appropriated for 

16 that Phase by law. 

17 (3) UNUSED FUNDING FROM PHASE I.—After 

18 Phase I under subsection (a) is completed, the Sec19 retary may use any unobligated funds made avail20 able for such Phase for Phase II or Phase III if the 

21 Secretary notifies the congressional defense commit22 tees before using such funds for Phase II or Phase 

23 III. 

24 (c) COMPLIANCE OF PHASES WITH DOE ORDER ON

25 PROGRAM AND PROJECT MANAGEMENT.—Each Phase 


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1 under subsection (a) of the project referred to in that sub2 section shall comply with Department of Energy Order 

3 413.3, relating to Program Management and Project Man4 agement for the Acquisition of Capital Assets. 

5 (d) LIMITATION ON COST OF PHASE I.—The total 

6 cost of Phase I under subsection (a) of the project referred 

7 to in that subsection may not exceed $4,200,000,000. If 

8 the Administrator determines the total cost of Phase I will 

9 exceed $4,200,000,000, the Administrator shall submit to 

10 the congressional defense committees a detailed justifica11 tion for such increase. 

12 (e) ASSISTANCE.—

13 (1) NAVFAC.—In carrying out this section, 

14 the Secretary shall procure the services of the Com15 mander of the Naval Facilities Engineering Com16 mand to assist the Secretary with respect to the pro17 gram management, oversight, and design activities 

18 of the project referred to in subsection (a). 

19 (2) SOURCE OF FUNDING.—The Secretary shall 

20 carry out paragraph (1) using funds made available 

21 for the National Nuclear Security Administration. 

22 (f) GAO QUARTERLY REPORTS.—

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

24 the date of the enactment of this Act, and quarterly 

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1 ferred to in subsection (a) is completed, the Comp2 troller General of the United States shall submit to 

3 the congressional defense committees a report on all 

4 Phases under such subsection. 

5 (2) MATTERS INCLUDED.—The reports under 

6 paragraph (1) shall include—

7 (A) the progress on adhering to cost pro8 jections for the project referred to in subsection 

9 (a) and the progress on meeting the require10 ments of section 4713 of the Atomic Energy 

11 Defense Act (50 U.S.C. 2753); 

12 (B) the status of the technology readiness 

13 levels for equipment and processes that will ac14 company each Phase under subsection (a); 

15 (C) independent cost estimates of such 

16 Phases; 

17 (D) the programmatic structure of the re18 lationship between the prime contractor and 

19 subcontractors; and 

20 (E) any other issue that the Comptroller 

21 General determines appropriate with respect to 

22 the requirements, cost, schedule, or technology 

23 readiness levels of such project. 

24 (g) NAVAL REACTOR STUDY.—


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1 (1) IN GENERAL.—The Deputy Administrator 

2 for Naval Reactors shall conduct a study of the 

3 project referred to in subsection (a), including an 

4 analysis of the cost, benefits, and risks with respect 

5 to nuclear safety. 

6 (2) SUBMISSION.—Not later than one year after 

7 the date of the enactment of this Act, the Deputy 

8 Administrator shall submit to the congressional de9 fense committees a report on the study under para10 graph (1), including recommendations of the Deputy 

11 Administrator with respect to the project structure, 

12 oversight model, and potential cost savings of the 

13 project referred to in subsection (a). 

14 (3) CONSIDERATION OF RECOMMENDATIONS.—

15 In carrying out the project referred to in subsection 

16 (a), the Secretary of Energy shall consider the rec17 ommendations made by the Deputy Administrator in 

18 the report under paragraph (2) and incorporate such 

19 recommendations into the project as the Secretary 

20 considers appropriate. 

21 (4) FUNDING.—The Secretary and the Deputy 

22 Administrator shall carry out this subsection using 

23 funds authorized to be appropriated by this Act or 

24 otherwise made available for the National Nuclear 


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1 Security Administration that are not made available 

2 for the Naval Nuclear Propulsion Program. 

3 (h) CAPE REVIEW.—Not later than 180 days after 

4 the date of the enactment of this Act, the Director of Cost 

5 Assessment and Program Evaluation of the Department 

6 of Defense shall submit to the congressional defense com7 mittees a review of the cost and schedule of the project 

8 referred to in subsection (a). 

9 Subtitle C—Improvements to 

10 National Security Energy Laws 

11 SEC. 3131. IMPROVEMENTS TO THE ATOMIC ENERGY DE12 FENSE ACT. 

13 (a) DEFINITIONS.—

14 (1) IN GENERAL.—Section 4002 of the Atomic 

15 Energy Defense Act (50 U.S.C. 2501) is amended to 

16 read as follows: 

17 ‘‘SEC. 4002. DEFINITIONS. 

18 ‘‘In this division: 

19 ‘‘(1) The term ‘Administration’ means the Na20 tional Nuclear Security Administration. 

21 ‘‘(2) The term ‘Administrator’ means the Ad22 ministrator for Nuclear Security. 

23 ‘‘(3) The term ‘classified information’ means 

24 any information that has been determined pursuant 

25 to Executive Order No. 12333 of December 4, 1981 


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1 (50 U.S.C. 401 note), Executive Order No. 12958 of 

2 April 17, 1995 (50 U.S.C. 435 note), or successor 

3 orders, to require protection against unauthorized 

4 disclosure and that is so designated. 

5 ‘‘(4) The term ‘congressional defense commit6 tees’ means—

7 ‘‘(A) the Committee on Armed Services 

8 and the Committee on Appropriations of the 

9 Senate; and 

10 ‘‘(B) the Committee on Armed Services 

11 and the Committee on Appropriations of the 

12 House of Representatives. 

13 ‘‘(5) The term ‘nuclear security enterprise’ 

14 means the physical facilities, technology, and human 

15 capital of the national security laboratories and the 

16 nuclear weapons production facilities. 

17 ‘‘(6) The term ‘national security laboratory’ 

18 means any of the following: 

19 ‘‘(A) Los Alamos National Laboratory, Los 

20 Alamos, New Mexico. 

21 ‘‘(B) Sandia National Laboratories, Albu22 querque, New Mexico, and Livermore, Cali23 fornia. 

24 ‘‘(C) Lawrence Livermore National Lab25 oratory, Livermore, California. 


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1 ‘‘(7) The term ‘nuclear weapons production fa2 cility’ means any of the following: 

3 ‘‘(A) The Kansas City Plant, Kansas City, 

4 Missouri. 

5 ‘‘(B) The Pantex Plant, Amarillo, Texas. 

6 ‘‘(C) The Y–12 National Security Com7 plex, Oak Ridge, Tennessee. 

8 ‘‘(D) The Savannah River Site, Aiken, 

9 South Carolina. 

10 ‘‘(E) The Nevada National Security Site, 

11 Nevada. 

12 ‘‘(F) Any facility of the Department of En13 ergy that the Secretary of Energy, in consulta14 tion with the Administrator and Congress, de15 termines to be consistent with the mission of 

16 the Administration. 

17 ‘‘(8) The term ‘restricted data’ has the meaning 

18 given such term in section 11 y. of the Atomic En19 ergy Act of 1954 (42 U.S.C. 2014(y)).’’. 

20 (2) CLERICAL AMENDMENT.—The table of con21 tents at the beginning of the Atomic Energy Defense 

22 Act is amended by striking the item relating to sec23 tion 4002 and inserting the following new item:

‘‘Sec. 4002. Definitions.’’.

24 (b) STOCKPILE STEWARDSHIP.—Section 

25 4201(b)(5)(E) of the Atomic Energy Defense Act (50 


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1 U.S.C. 2521(b)(5)(E)) is amended by striking ‘‘(as de2 fined in section 3281 of the National Nuclear Security Ad3 ministration Act (50 U.S.C. 2471))’’. 

4 (c) ANNUAL ASSESSMENTS.—Section 4205 of the 

5 Atomic Energy Defense Act (50 U.S.C. 2525) is amended 

6 by striking subsection (i). 

7 (d) TESTING OF NUCLEAR WEAPONS.—

8 (1) IN GENERAL.—Section 4210 of the Atomic 

9 Energy Defense Act (50 U.S.C. 2530) is amended to 

10 read as follows: 

11 ‘‘SEC. 4210. TESTING OF NUCLEAR WEAPONS. 

12 ‘‘(a) UNDERGROUND TESTING.—No underground 

13 test of nuclear weapons may be conducted by the United 

14 States after September 30, 1996, unless a foreign state 

15 conducts a nuclear test after this date, at which time the 

16 prohibition on United States nuclear testing is lifted. 

17 ‘‘(b) ATMOSPHERIC TESTING.—None of the funds 

18 appropriated pursuant to the National Defense Authoriza19 tion Act for Fiscal Year 1994 (Public Law 103–160; 107 

20 Stat. 1547) or any other Act for any fiscal year may be 

21 available to maintain the capability of the United States 

22 to conduct atmospheric testing of a nuclear weapon.’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents at the beginning of the Atomic Energy Defense 

25 Act is amended by striking the items relating to secVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01394 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 tions 4210 and 4211 and inserting the following new 

2 item:

‘‘Sec. 4210. Testing of nuclear weapons.’’.

3 (3) CONFORMING AMENDMENT.—Section 4211 

4 of the Atomic Energy Defense Act (50 U.S.C. 2531) 

5 is repealed. 

6 (e) MANUFACTURING INFRASTRUCTURE.—Section 

7 4212 of the Atomic Energy Defense Act (50 U.S.C. 2532) 

8 is amended by striking subsections (d) and (e). 

9 (f) CRITICAL DIFFICULTIES REPORT.—

10 (1) IN GENERAL.—Section 4213 of the Atomic 

11 Energy Defense Act (50 U.S.C. 2533) is amended—

12 (A) in the heading, by striking ‘‘NUCLEAR

13 WEAPONS LABORATORIES AND NUCLEAR

14 WEAPONS PRODUCTION PLANTS’’ and in15 serting ‘‘NATIONAL SECURITY LABORA16 TORIES AND NUCLEAR WEAPONS PRODUC17 TION FACILITIES’’; 

18 (B) in subsection (a)—

19 (i) by striking ‘‘Assistant Secretary of 

20 Energy for Defense Programs’’ and insert21 ing ‘‘Administrator’’; 

22 (ii) by striking ‘‘nuclear weapons lab23 oratory’’ and inserting ‘‘national security 

24 laboratory’’; and 


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1 (iii) by striking ‘‘production plant’’ 

2 and inserting ‘‘production facility’’; 

3 (C) in subsection (b)—

4 (i) in the heading, by striking ‘‘AS5 SISTANT SECRETARY’’ and inserting ‘‘AD6 MINISTRATOR’’; and 

7 (ii) by striking ‘‘Assistant Secretary’’ 

8 each place it appears and inserting ‘‘Ad9 ministrator’’; and 

10 (D) by striking subsection (e). 

11 (2) CLERICAL AMENDMENT.—The table of con12 tents at the beginning of the Atomic Energy Defense 

13 Act is amended by striking the item relating to sec14 tion 4213 and inserting the following new item:

‘‘Sec. 4213. Reports on critical difficulties at national security laboratories and 

nuclear weapons production facilities.’’.

15 (g) PLAN FOR TRANSFORMATION.—

16 (1) IN GENERAL.—Section 4214 of the Atomic 

17 Energy Defense Act (50 U.S.C. 2534) is amended—

18 (A) by striking ‘‘nuclear weapons complex’’ 

19 each place it appears (including the section 

20 heading) and inserting ‘‘nuclear security enter21 prise’’; 

22 (B) by striking subsections (b) and (d); 

23 and 


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1 (C) by redesignating subsection (c) as sub2 section (b). 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents at the beginning of the Atomic Energy Defense 

5 Act is amended by inserting after the item relating 

6 to section 4213, as inserted by subsection (f)(2), the 

7 following new item:

‘‘Sec. 4214. Plan for transformation of National Nuclear Security Administration nuclear security enterprise.’’.

8 (h) TRITIUM PRODUCTION PROGRAM.—Section 4231 

9 of the Atomic Energy Defense Act (50 U.S.C. 2541) is 

10 amended to read as follows: 

11 ‘‘SEC. 4231. TRITIUM PRODUCTION PROGRAM. 

12 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 

13 of Energy shall establish a tritium production program 

14 that is capable of meeting the tritium requirements of the 

15 United States for nuclear weapons. 

16 ‘‘(b) LOCATION OF TRITIUM PRODUCTION FACIL17 ITY.—The Secretary shall locate any new tritium produc18 tion facility of the Department of Energy at the Savannah 

19 River Site, South Carolina.’’. 

20 (i) TRITIUM RECYCLING FACILITIES.—Section 4234 

21 of the Atomic Energy Defense Act (50 U.S.C. 2544) is 

22 amended—


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1 (1) by striking ‘‘(a) IN GENERAL.—The Sec2 retary of Energy’’ and inserting ‘‘The Secretary of 

3 Energy’’; and 

4 (2) by striking subsection (b). 

5 (j) RESTRICTED DATA.—Section 4501 of the Atomic 

6 Energy Defense Act (50 U.S.C. 2651) is amended by 

7 striking subsection (c). 

8 (k) FOREIGN VISITORS.—

9 (1) IN GENERAL.—Section 4502 of the Atomic 

10 Energy Defense Act (50 U.S.C. 2652) is amended—

11 (A) in the heading, by striking ‘‘NA12 TIONAL LABORATORIES’’ and inserting ‘‘NA13 TIONAL SECURITY LABORATORIES’’; 

14 (B) by striking ‘‘national laboratory’’ each 

15 place it appears and inserting ‘‘national secu16 rity laboratory’’; and 

17 (C) in subsection (g), by striking para18 graphs (3) and (4). 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents at the beginning of the Atomic Energy Defense 

21 Act is amended by striking the item relating to sec22 tion 4502 and inserting the following new item:

‘‘Sec. 4502. Restrictions on access to national security laboratories by foreign 

visitors from sensitive countries.’’.


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1 (l) BACKGROUND INVESTIGATIONS.—Section 4503 of 

2 the Atomic Energy Defense Act (50 U.S.C. 2653) is 

3 amended—

4 (1) by striking ‘‘(a) IN GENERAL.—’’; 

5 (2) by striking subsections (b) and (c); and 

6 (3) by striking ‘‘national laboratory’’ and in7 serting ‘‘national security laboratory’’. 

8 (m) NUCLEAR DEFENSE INTELLIGENCE LOSSES.—

9 (1) IN GENERAL.—Section 4505 of the Atomic 

10 Energy Defense Act (50 U.S.C. 2656) is amended—

11 (A) in the heading, by striking ‘‘NU12 CLEAR’’ and inserting ‘‘ATOMIC’’

; 

13 (B) in the heading of subsection (b), by 

14 striking ‘‘NUCLEAR’’ and inserting ‘‘ATOMIC

15 ENERGY’’; and 

16 (C) by striking ‘‘nuclear defense’’ each 

17 place it appears and inserting ‘‘atomic energy 

18 defense’’. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents at the beginning of the Atomic Energy Defense 

21 Act is amended by striking the item relating to sec22 tion 4505 and inserting the following new item:

‘‘Sec. 4505. Notice to congressional committees of certain security and counterintelligence failures within atomic energy defense programs.’’.

23 (n) COUNTERINTELLIGENCE REPORT.—


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1 (1) IN GENERAL.—Section 4507 of the Atomic 

2 Energy Defense Act (50 U.S.C. 2658) is amended—

3 (A) in the heading, by striking ‘‘NA4 TIONAL LABORATORIES’’ and inserting ‘‘NA5 TIONAL SECURITY LABORATORIES’’; 

6 (B) in subsection (a), by striking ‘‘national 

7 laboratories’’ and inserting ‘‘national security 

8 laboratories’’; 

9 (C) in subsection (b), by striking ‘‘national 

10 laboratory’’ and inserting ‘‘national security 

11 laboratory’’; and 

12 (D) by striking subsection (c). 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents at the beginning of the Atomic Energy Defense 

15 Act is amended by striking the item relating to sec16 tion 4507 and inserting the following new item:

‘‘Sec. 4507. Report on counterintelligence and security practices at national security laboratories.’’.

17 (o) COMPUTER SECURITY REPORT.—

18 (1) IN GENERAL.—Section 4508 of the Atomic 

19 Energy Defense Act (50 U.S.C. 2659)—

20 (A) in the heading, by striking ‘‘NA21 TIONAL LABORATORY’’ and inserting ‘‘NA22 TIONAL SECURITY LABORATORY’’; 

23 (B) in subsection (a) and (b), by striking 

24 ‘‘national laboratories’’ each place it appears 


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1 and inserting ‘‘national security laboratories’’; 

2 and 

3 (C) by striking subsections (e) and (f). 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents at the beginning of the Atomic Energy Defense 

6 Act is amended by striking the item relating to sec7 tion 4508 and inserting the following new item:

‘‘Sec. 4508. Report on security vulnerabilities of national security laboratory 

computers.’’.

8 (p) DOCUMENT REVIEW.—Section 4521 of the Atom9 ic Energy Defense Act (50 U.S.C. 2671) is amended by 

10 striking subsection (c). 

11 (q) REPORTS ON LOCAL IMPACT ASSISTANCE.—

12 (1) IN GENERAL.—Section 4604(f) of the 

13 Atomic Energy Defense Act (50 U.S.C. 2704(f)) is 

14 amended by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) In addition to the plans submitted under para17 graph (1), the Secretary shall submit to Congress every 

18 six months a report setting forth a description of, and the 

19 amount or value of, all local impact assistance provided 

20 during the preceding six months under subsection (c)(6).’’. 

21 (2) CONFORMING AMENDMENT.—Section 4851 

22 of the Atomic Energy Defense Act (50 U.S.C. 2821) 

23 is repealed. 


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1 (3) CLERICAL AMENDMENT.—The table of con2 tents at the beginning of the Atomic Energy Defense 

3 Act is amended by striking the item relating to sec4 tion 4851. 

5 (r) RECRUITMENT AND TRAINING.—Section 4622 of 

6 the Atomic Energy Defense Act (50 U.S.C. 2722) is 

7 amended—

8 (1) in subsection (b)—

9 (A) by striking ‘‘(1) As part of’’ and in10 serting ‘‘As part of’’; and 

11 (B) by striking paragraph (2); and 

12 (2) by striking subsection (d). 

13 (s) FELLOWSHIP PROGRAM.—

14 (1) IN GENERAL.—Section 4623 of the Atomic 

15 Energy Defense Act (50 U.S.C. 2723) is amended—

16 (A) in the heading, by striking ‘‘DEPART17 MENT OF ENERGY NUCLEAR WEAPONS

18 COMPLEX’’ and inserting ‘‘NUCLEAR SECU19 RITY ENTERPRISE’’; 

20 (B) in subsection (a), by striking ‘‘Depart21 ment of Energy nuclear weapons complex’’ each 

22 place it appears and inserting ‘‘nuclear security 

23 enterprise’’; 

24 (C) in subsection (c), by striking ‘‘fol25 lowing’’ and all that follows through the period 


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1 at the end and inserting ‘‘national security lab2 oratories and nuclear weapons production facili3 ties.’’; and 

4 (D) in subsection (f)(2), by striking ‘‘the 

5 Department of Energy for’’ and inserting ‘‘the 

6 nuclear security enterprise for’’. 

7 (2) CLERICAL AMENDMENT.—The table of con8 tents at the beginning of the Atomic Energy Defense 

9 Act is amended by striking the item relating to sec10 tion 4623 and inserting the following new item:

‘‘Sec. 4623. Fellowship program for development of skills critical to the nuclear 

security enterprise.’’.

11 (t) COST OVERRUNS.—Section 4713(a)(1)(A) of the 

12 Atomic Energy Defense Act (50 U.S.C. 2753(a)(1)(A)) is 

13 amended—

14 (1) by striking ‘‘for Nuclear Security’’; and 

15 (2) by striking ‘‘National Nuclear Security’’. 

16 (u) BUDGET REQUEST.—

17 (1) IN GENERAL.—Section 4731 of the Atomic 

18 Energy Defense Act (50 U.S.C. 2771) is repealed. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents at the beginning of the Atomic Energy Defense 

21 Act is amended by striking the item relating to sec22 tion 4731. 


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1 (v) CONTRACTOR BONUSES.—Section 4802 of the 

2 Atomic Energy Defense Act (50 U.S.C. 2782) is amend3 ed—

4 (2) by striking subsection (b); and 

5 (3) by redesignating subsections (c) and (d) as 

6 subsections (b) and (c), respectively. 

7 (w) FUNDS FOR RESEARCH AND DEVELOPMENT.—

8 Section 4812 of the Atomic Energy Defense Act (50 

9 U.S.C. 2792) is amended—

10 (1) by striking subsections (b) through (d); and 

11 (2) by redesignating subsection (e) as sub12 section (b). 

13 (x) TECHNOLOGY PARTNERSHIPS.—Section 4813(c) 

14 of the Atomic Energy Defense Act (50 U.S.C. 2794(c)) 

15 is amended by striking paragraph (5). 

16 (y) UNIVERSITY COLLABORATION.—Section 4814 of 

17 the Atomic Energy Defense Act (50 U.S.C. 2795) is 

18 amended by striking subsection (c). 

19 (z) ENGINEERING AND MANUFACTURING RE20 SEARCH.—Section 4832 of the Atomic Energy Defense 

21 Act (50 U.S.C. 2812) is amended—

22 (1) in subsection (b), by striking ‘‘nuclear 

23 weapons complex’’ and inserting ‘‘nuclear security 

24 enterprise’’; and 

25 (2) by striking subsections (c) through (e). 


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1 (aa) PILOT PROGRAM REPORT.—Section 4833 of the 

2 Atomic Energy Defense Act (50 U.S.C. 2813) is amended 

3 by striking subsection (e). 

4 (bb) TECHNICAL AMENDMENTS.—

5 (1) IN GENERAL.—The Atomic Energy Defense 

6 Act (50 U.S.C. 2501 et seq.) is amended as follows: 

7 (A) In section 4604(g)(3) (50 U.S.C. 

8 2704(g)(3)), by striking ‘‘; the Pinnellas Plant, 

9 Florida;’’. 

10 (B) In the heading of section 4852 (50 

11 U.S.C. 2822), by striking ‘‘NEVADA TEST

12 SITE’’ and inserting ‘‘NEVADA NATIONAL SE13 CURITY SITE’’. 

14 (C) By striking ‘‘Nevada Test Site’’ each 

15 place it appears and inserting ‘‘Nevada Na16 tional Security Site’’. 

17 (D) By striking ‘‘Director of Central Intel18 ligence’’ each place it appears and inserting 

19 ‘‘Director of National Intelligence’’. 

20 (2) CLERICAL AMENDMENT.—The table of con21 tents at the beginning of the Atomic Energy Defense 

22 Act is further amended by striking the item relating 

23 to section 4852 and inserting the following new 

24 item:

‘‘Sec. 4852. Payment of costs of operation and maintenance of infrastructure 

at Nevada National Security Site.’’.


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1 SEC. 3132. IMPROVEMENTS TO THE NATIONAL NUCLEAR 

2 SECURITY ADMINISTRATION ACT. 

3 (a) NUCLEAR SECURITY ENTERPRISE REF4 ERENCE.—

5 (1) FUTURE-YEARS NUCLEAR SECURITY PRO6 GRAM.—Section 3253(b) of the National Nuclear Se7 curity Administration Act (50 U.S.C. 2453(b)) is 

8 amended by striking ‘‘nuclear weapons complex’’ 

9 each place it appears and inserting ‘‘nuclear security 

10 enterprise’’. 

11 (2) GAO REPORTS.—Section 3255 of the Na12 tional Nuclear Security Administration Act (50 

13 U.S.C. 2455) is amended—

14 (A) in subsection (a), by striking ‘‘nuclear 

15 security complex’’ each place it appears and in16 serting ‘‘nuclear security enterprise’’; and 

17 (B) in subsection (b), by striking para18 graph (3). 

19 (3) DEFINITION.—Section 3281 of the National 

20 Nuclear Security Administration Act (50 U.S.C. 

21 2471) is amended by adding at the end the following 

22 new paragraph: 

23 ‘‘(6) The term ‘nuclear security enterprise’ 

24 means the physical facilities, technology, and human 

25 capital of the national security laboratories and the 

26 nuclear weapons production facilities.’’. 


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1 (b) TRANSFER OF FUNCTIONS.—

2 (1) FUNDS AND PERSONNEL.—Section 3291 of 

3 the National Nuclear Security Administration Act 

4 (50 U.S.C. 2481) is amended—

5 (A) in subsection (c), by striking ‘‘specified 

6 in subsection (a)’’ and inserting ‘‘of the Admin7 istration’’; and 

8 (B) by adding at the end the following new 

9 subsections: 

10 ‘‘(d) TRANSFER OF FUNDS.—(1) Any balance of ap11 propriations that the Secretary of Energy determines is 

12 available and needed to finance or discharge a function, 

13 power, or duty or an activity that is transferred to the 

14 Administration shall be transferred to the Administration 

15 and used for any purpose for which those appropriations 

16 were originally available. Balances of appropriations so 

17 transferred shall—

18 ‘‘(A) be credited to any applicable appropriation 

19 account of the Administration; or 

20 ‘‘(B) be credited to a new account that may be 

21 established on the books of the Department of the 

22 Treasury; 

23 and shall be merged with the funds already credited 

24 to that account and accounted for as one fund. 


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1 ‘‘(2) Balances of appropriations credited to an ac2 count under paragraph (1)(A) are subject only to such 

3 limitations as are specifically applicable to that account. 

4 Balances of appropriations credited to an account under 

5 paragraph (1)(B) are subject only to such limitations as 

6 are applicable to the appropriations from which they are 

7 transferred. 

8 ‘‘(e) PERSONNEL.—(1) With respect to any function, 

9 power, or duty or activity of the Department of Energy 

10 that is transferred to the Administration, those employees 

11 of the element of the Department of Energy from which 

12 the transfer is made that the Secretary of Energy deter13 mines are needed to perform that function, power, or duty, 

14 or for that activity, as the case may be, shall be trans15 ferred to the Administration. 

16 ‘‘(2) The authorized strength in civilian employees of 

17 any element of the Department of Energy from which em18 ployees are transferred under this section is reduced by 

19 the number of employees so transferred.’’. 

20 (2) APPLICABILITY OF EXISTING LAWS AND

21 REGULATIONS.—Section 3296 of the National Nu22 clear Security Administration Act (50 U.S.C. 2484) 

23 is amended to read as follows: 


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1 ‘‘SEC. 3296. APPLICABILITY OF PREEXISTING LAWS AND 

2 REGULATIONS. 

3 ‘‘With respect to any facility, mission, or function of 

4 the Department of Energy that the Secretary of Energy 

5 transfers to the Administrator under section 3291, unless 

6 otherwise provided in this title, all provisions of law and 

7 regulations in effect immediately before the date of the 

8 transfer that are applicable to such facility, mission, or 

9 function shall continue to apply to the corresponding func10 tions of the Administration.’’. 

11 (3) RULE OF CONSTRUCTION.—Nothing in sec12 tion 3291 of the National Nuclear Security Adminis13 tration Act (50 U.S.C. 2481), as amended by para14 graph (1), may be construed to affect any function 

15 or activity transferred by the Secretary of Energy to 

16 the Administrator for Nuclear Security before the 

17 date of the enactment of this Act. 

18 (c) REPEAL OF EXPIRED PROVISIONS.—

19 (1) IN GENERAL.—The following sections of the 

20 National Nuclear Security Administration Act (50 

21 U.S.C. 2401 et seq.) are repealed: 

22 (A) Section 3242 (50 U.S.C. 2442). 

23 (B) Section 3292 (50 U.S.C. 2482). 

24 (C) Section 3295 (50 U.S.C. 2483). 

25 (D) Section 3297 (50 U.S.C. 2401 note). 


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1 (2) CLERICAL AMENDMENTS.—The table of 

2 contents at the beginning of the National Nuclear 

3 Security Administration Act is amended by striking 

4 the items relating to sections 3242, 3292, 3295, and 

5 3297. 

6 (d) TECHNICAL AMENDMENTS TO THE NNSA 

7 ACT.—The National Nuclear Security Administration Act 

8 (50 U.S.C. 2401 et seq.) is amended as follows: 

9 (1) In section 3212(a)(2) (50 U.S.C. 

10 2402(a)(2)), by striking ‘‘as added by section 3202 

11 of this Act,’’. 

12 (2) In section 3253(b)(3) (50 U.S.C. 

13 2453(b)(3)), by striking ‘‘section 3158 of the Strom 

14 Thurmond National Defense Authorization Act for 

15 Fiscal Year 1999 (42 U.S.C. 2121 note)’’ and in16 serting ‘‘section 4202(a) of the Atomic Energy De17 fense Act (50 U.S.C. 2522(a))’’. 

18 (3) In section 3281(2) (50 U.S.C. 2471(2))—

19 (A) in subparagraph (C), by striking ‘‘Y–

20 12 Plant’’ and inserting ‘‘Y–12 National Secu21 rity Complex’’; and 

22 (B) in subparagraph (D), by striking ‘‘trit23 ium operations facilities at the’’. 


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1 (4) By striking ‘‘Nevada Test Site’’ each place 

2 it appears and inserting ‘‘Nevada National Security 

3 Site’’. 

4 (e) TECHNICAL AMENDMENT TO THE DOE ORGANI5 ZATION ACT.—Section 643 of the Department of Energy 

6 Organization Act (42 U.S.C. 7253) is amended by redesig7 nating the second subsection (b) as subsection (c). 

8 SEC. 3133. CONSOLIDATED REPORTING REQUIREMENTS 

9 RELATING TO NUCLEAR STOCKPILE STEW10 ARDSHIP, MANAGEMENT, AND INFRASTRUC11 TURE. 

12 (a) CONSOLIDATED PLAN FOR STEWARDSHIP, MAN13 AGEMENT, AND CERTIFICATION OF WARHEADS IN THE

14 NUCLEAR WEAPONS STOCKPILE.—

15 (1) IN GENERAL.—Section 4203 of the Atomic 

16 Energy Defense Act (50 U.S.C. 2523) is amended to 

17 read as follows: 

18 ‘‘SEC. 4203. NUCLEAR WEAPONS STOCKPILE STEWARDSHIP, 

19 MANAGEMENT, AND INFRASTRUCTURE PLAN. 

20 ‘‘(a) PLAN REQUIREMENT.—The Administrator, in 

21 consultation with the Secretary of Defense and other ap22 propriate officials of the departments and agencies of the 

23 Federal Government, shall develop and annually update 

24 a plan for sustaining the nuclear weapons stockpile. The 

25 plan shall cover, at a minimum, stockpile stewardship, 


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1 stockpile management, stockpile surveillance, program di2 rection, infrastructure modernization, human capital, and 

3 nuclear test readiness. The plan shall be consistent with 

4 the programmatic and technical requirements of the most 

5 recent annual Nuclear Weapons Stockpile Memorandum. 

6 ‘‘(b) SUBMISSIONS TO CONGRESS.—(1) In accord7 ance with subsection (c), not later than March 15 of each 

8 even-numbered year, the Administrator shall submit to the 

9 congressional defense committees a summary of the plan 

10 developed under subsection (a). 

11 ‘‘(2) In accordance with subsection (d), not later than 

12 March 15 of each odd-numbered year, the Administrator 

13 shall submit to the congressional defense committees a de14 tailed report on the plan developed under subsection (a). 

15 ‘‘(3) The summaries and reports required by this sub16 section shall be submitted in unclassified form, but may 

17 include a classified annex. 

18 ‘‘(c) ELEMENTS OF BIENNIAL PLAN SUMMARY.—

19 Each summary of the plan submitted under subsection 

20 (b)(1) shall include, at a minimum, the following: 

21 ‘‘(1) A summary of the status of the nuclear 

22 weapons stockpile, including the number and age of 

23 warheads (including both active and inactive) for 

24 each warhead type. 


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1 ‘‘(2) A summary of the status, plans, budgets, 

2 and schedules for warhead life extension programs 

3 and any other programs to modify, update, or re4 place warhead types. 

5 ‘‘(3) A summary of the methods and informa6 tion used to determine that the nuclear weapons 

7 stockpile is safe and reliable, as well as the relation8 ship of science-based tools to the collection and in9 terpretation of such information. 

10 ‘‘(4) A summary of the status of the nuclear se11 curity enterprise, including programs and plans for 

12 infrastructure modernization and retention of human 

13 capital, as well as associated budgets and schedules. 

14 ‘‘(5) Identification of any modifications or up15 dates to the plan since the previous summary or de16 tailed report was submitted under subsection (b). 

17 ‘‘(6) Such other information as the Adminis18 trator considers appropriate. 

19 ‘‘(d) ELEMENTS OF BIENNIAL DETAILED REPORT.—

20 Each detailed report on the plan submitted under sub21 section (b)(2) shall include, at a minimum, the following: 

22 ‘‘(1) With respect to stockpile stewardship and 

23 management—

24 ‘‘(A) the status of the nuclear weapons 

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1 heads (including both active and inactive) for 

2 each warhead type; 

3 ‘‘(B) for each five-year period occurring 

4 during the period beginning on the date of the 

5 report and ending on the date that is 20 years 

6 after the date of the report—

7 ‘‘(i) the planned number of nuclear 

8 warheads (including active and inactive) 

9 for each warhead type in the nuclear weap10 ons stockpile; and 

11 ‘‘(ii) the past and projected future 

12 total lifecycle cost of each type of nuclear 

13 weapon; 

14 ‘‘(C) the status, plans, budgets, and sched15 ules for warhead life extension programs and 

16 any other programs to modify, update, or re17 place warhead types; 

18 ‘‘(D) a description of the process by which 

19 the Administrator assesses the lifetimes, and re20 quirements for life extension or replacement, of 

21 the nuclear and non-nuclear components of the 

22 warheads (including active and inactive war23 heads) in the nuclear weapons stockpile; 

24 ‘‘(E) a description of the process used in 

25 recertifying the safety, security, and reliability 


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1 of each warhead type in the nuclear weapons 

2 stockpile; 

3 ‘‘(F) any concerns of the Administrator 

4 that would affect the ability of the Adminis5 trator to recertify the safety, security, or reli6 ability of warheads in the nuclear weapons 

7 stockpile (including active and inactive war8 heads); 

9 ‘‘(G) mechanisms to provide for the manu10 facture, maintenance, and modernization of 

11 each warhead type in the nuclear weapons 

12 stockpile, as needed; 

13 ‘‘(H) mechanisms to expedite the collection 

14 of information necessary for carrying out the 

15 stockpile management program required by sec16 tion 4204, including information relating to the 

17 aging of materials and components, new manu18 facturing techniques, and the replacement or 

19 substitution of materials; 

20 ‘‘(I) mechanisms to ensure the appropriate 

21 assignment of roles and missions for each na22 tional security laboratory and nuclear weapons 

23 production facility, including mechanisms for 

24 allocation of workload, mechanisms to ensure 

25 the carrying out of appropriate modernization 


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1 activities, and mechanisms to ensure the reten2 tion of skilled personnel; 

3 ‘‘(J) mechanisms to ensure that each na4 tional security laboratory has full and complete 

5 access to all weapons data to enable a rigorous 

6 peer-review process to support the annual as7 sessment of the condition of the nuclear weap8 ons stockpile required under section 4205; 

9 ‘‘(K) mechanisms for allocating funds for 

10 activities under the stockpile management pro11 gram required by section 4204, including allo12 cations of funds by weapon type and facility; 

13 and 

14 ‘‘(L) for each of the five fiscal years fol15 lowing the fiscal year in which the report is 

16 submitted, an identification of the funds needed 

17 to carry out the program required under section 

18 4204. 

19 ‘‘(2) With respect to science-based tools—

20 ‘‘(A) a description of the information need21 ed to determine that the nuclear weapons stock22 pile is safe and reliable; 

23 ‘‘(B) for each science-based tool used to 

24 collect information described in subparagraph 

25 (A), the relationship between such tool and 


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1 such information and the effectiveness of such 

2 tool in providing such information based on the 

3 criteria developed pursuant to section 4202(a); 

4 and 

5 ‘‘(C) the criteria developed under section 

6 4202(a) (including any updates to such cri7 teria). 

8 ‘‘(3) An assessment of the stockpile stewardship 

9 program under section 4201 by the Administrator, 

10 in consultation with the directors of the national se11 curity laboratories, which shall set forth—

12 ‘‘(A) an identification and description of—

13 ‘‘(i) any key technical challenges to 

14 the stockpile stewardship program; and 

15 ‘‘(ii) the strategies to address such 

16 challenges without the use of nuclear test17 ing; 

18 ‘‘(B) a strategy for using the science-based 

19 tools (including advanced simulation and com20 puting capabilities) of each national security 

21 laboratory to ensure that the nuclear weapons 

22 stockpile is safe, secure, and reliable without 

23 the use of nuclear testing; 

24 ‘‘(C) an assessment of the science-based 

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1 puting capabilities) of each national security 

2 laboratory that exist at the time of the assess3 ment compared with the science-based tools ex4 pected to exist during the period covered by the 

5 future-years nuclear security program; and 

6 ‘‘(D) an assessment of the core scientific 

7 and technical competencies required to achieve 

8 the objectives of the stockpile stewardship pro9 gram and other weapons activities and weap10 ons-related activities of the Administration, in11 cluding—

12 ‘‘(i) the number of scientists, engi13 neers, and technicians, by discipline, re14 quired to maintain such competencies; and 

15 ‘‘(ii) a description of any shortage of 

16 such individuals that exists at the time of 

17 the assessment compared with any short18 age expected to exist during the period cov19 ered by the future-years nuclear security 

20 program. 

21 ‘‘(4) With respect to the nuclear security infra22 structure—

23 ‘‘(A) a description of the modernization 

24 and refurbishment measures the Administrator 


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1 determines necessary to meet the requirements 

2 prescribed in—

3 ‘‘(i) the national security strategy of 

4 the United States as set forth in the most 

5 recent national security strategy report of 

6 the President under section 108 of the Na7 tional Security Act of 1947 (50 U.S.C. 

8 404a) if such strategy has been submitted 

9 as of the date of the plan; 

10 ‘‘(ii) the most recent quadrennial de11 fense review if such strategy has not been 

12 submitted as of the date of the plan; and 

13 ‘‘(iii) the most recent Nuclear Posture 

14 Review as of the date of the plan; 

15 ‘‘(B) a schedule for implementing the 

16 measures described under subparagraph (A) 

17 during the 10-year period following the date of 

18 the plan; and 

19 ‘‘(C) the estimated levels of annual funds 

20 the Administrator determines necessary to 

21 carry out the measures described under sub22 paragraph (A), including a discussion of the cri23 teria, evidence, and strategies on which such es24 timated levels of annual funds are based. 


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1 ‘‘(5) With respect to the nuclear test readiness 

2 of the United States—

3 ‘‘(A) an estimate of the period of time that 

4 would be necessary for the Administrator to 

5 conduct an underground test of a nuclear weap6 on once directed by the President to conduct 

7 such a test; 

8 ‘‘(B) a description of the level of test read9 iness that the Administrator, in consultation 

10 with the Secretary of Defense, determines to be 

11 appropriate; 

12 ‘‘(C) a list and description of the workforce 

13 skills and capabilities that are essential to car14 rying out an underground nuclear test at the 

15 Nevada National Security Site; 

16 ‘‘(D) a list and description of the infra17 structure and physical plants that are essential 

18 to carrying out an underground nuclear test at 

19 the Nevada National Security Site; and 

20 ‘‘(E) an assessment of the readiness status 

21 of the skills and capabilities described in sub22 paragraph (C) and the infrastructure and phys23 ical plants described in subparagraph (D). 


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1 ‘‘(6) Identification of any modifications or up2 dates to the plan since the previous summary or de3 tailed report was submitted under subsection (b). 

4 ‘‘(e) NUCLEAR WEAPONS COUNCIL ASSESSMENT.—

5 (1) For each detailed report on the plan submitted under 

6 subsection (b)(2), the Nuclear Weapons Council estab7 lished by section 179 of title 10, United States Code, shall 

8 conduct an assessment that includes the following: 

9 ‘‘(A) An analysis of the plan, including—

10 ‘‘(i) whether the plan supports the require11 ments of the national security strategy of the 

12 United States or the most recent quadrennial 

13 defense review, as applicable under subsection 

14 (d)(4)(A), and the Nuclear Posture Review; and 

15 ‘‘(ii) whether the modernization and refur16 bishment measures described under subpara17 graph (A) of subsection (d)(4) and the schedule 

18 described under subparagraph (B) of such sub19 section are adequate to support such require20 ments. 

21 ‘‘(B) An analysis of whether the plan ade22 quately addresses the requirements for infrastruc23 ture recapitalization of the facilities of the nuclear 

24 security enterprise. 


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1 ‘‘(C) If the Nuclear Weapons Council deter2 mines that the plan does not adequately support 

3 modernization and refurbishment requirements 

4 under subparagraph (A) or the nuclear security en5 terprise facilities infrastructure recapitalization re6 quirements under subparagraph (B), a risk assess7 ment with respect to—

8 ‘‘(i) supporting the annual certification of 

9 the nuclear weapons stockpile; and 

10 ‘‘(ii) maintaining the long-term safety, se11 curity, and reliability of the nuclear weapons 

12 stockpile. 

13 ‘‘(2) Not later than 180 days after the date on which 

14 the Administrator submits the plan under subsection 

15 (b)(2), the Nuclear Weapons Council shall submit to the 

16 congressional defense committees a report detailing the as17 sessment required under paragraph (1). 

18 ‘‘(f) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ‘budget’, with respect to a fiscal 

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

21 submitted to Congress by the President under sec22 tion 1105(a) of title 31, United States Code. 

23 ‘‘(2) The term ‘future-years nuclear security 

24 program’ means the program required by section 


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1 3253 of the National Nuclear Security Administra2 tion Act (50 U.S.C. 2453). 

3 ‘‘(3) The term ‘nuclear security budget mate4 rials’, with respect to a fiscal year, means the mate5 rials submitted to Congress by the Administrator in 

6 support of the budget for that fiscal year. 

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

8 means the review of the defense programs and poli9 cies of the United States that is carried out every 

10 four years under section 118 of title 10, United 

11 States Code. 

12 ‘‘(5) The term ‘weapons activities’ means each 

13 activity within the budget category of weapons ac14 tivities in the budget of the Administration. 

15 ‘‘(6) The term ‘weapons-related activities’ 

16 means each activity under the Department of En17 ergy that involves nuclear weapons, nuclear weapons 

18 technology, or fissile or radioactive materials, includ19 ing activities related to—

20 ‘‘(A) nuclear nonproliferation; 

21 ‘‘(B) nuclear forensics; 

22 ‘‘(C) nuclear intelligence; 

23 ‘‘(D) nuclear safety; and 

24 ‘‘(E) nuclear incident response.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of con2 tents at the beginning of the Atomic Energy Defense 

3 Act is amended by striking the item relating to sec4 tion 4203 and inserting the following new item:

‘‘Sec. 4203. Nuclear weapons stockpile stewardship, management, and infrastructure plan.’’.

5 (b) REPEAL OF REQUIREMENT FOR BIENNIAL RE6 PORT ON STOCKPILE STEWARDSHIP CRITERIA.—

7 (1) IN GENERAL.—Section 4202 of the Atomic 

8 Energy Defense Act (50 U.S.C. 2522) is amended 

9 by striking subsections (c) and (d). 

10 (2) TECHNICAL AMENDMENT.—The heading of 

11 such section is amended to read as follows: 

12 ‘‘STOCKPILE STEWARDSHIP CRITERIA’’. 

13 (3) CLERICAL AMENDMENT.—The table of con14 tents at the beginning of the Atomic Energy Defense 

15 Act is amended by striking the item relating to sec16 tion 4202 and inserting the following new item:

‘‘Sec. 4202. Stockpile stewardship criteria.’’.

17 (c) REPEAL OF REQUIREMENT FOR BIENNIAL PLAN

18 ON MODERNIZATION AND REFURBISHMENT OF THE NU19 CLEAR SECURITY COMPLEX.—

20 (1) IN GENERAL.—Section 4203A of the Atom21 ic Energy Defense Act (50 U.S.C. 2523A) is re22 pealed. 


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1 (2) CLERICAL AMENDMENT.—The table of con2 tents for the Atomic Energy Defense Act is amended 

3 by striking the item relating to section 4203A. 

4 (d) REPEAL OF REQUIREMENT FOR ANNUAL UP5 DATE TO STOCKPILE MANAGEMENT PROGRAM PLAN.—

6 Section 4204 of the Atomic Energy Defense Act (50 

7 U.S.C. 2524) is amended—

8 (1) in subsection (b)(2)(B), by striking ‘‘nuclear 

9 complex’’ and inserting ‘‘nuclear security enter10 prise’’; 

11 (2) by striking subsections (c) and (d); and 

12 (3) by redesignating subsection (e) as sub13 section (c). 

14 (e) REPEAL OF REQUIREMENT FOR REPORTS ON NU15 CLEAR TEST READINESS.—

16 (1) AEDA.—

17 (A) IN GENERAL.—Section 4208 of the 

18 Atomic Energy Defense Act (50 U.S.C. 2528) 

19 is repealed. 

20 (B) CLERICAL AMENDMENT.—The table of 

21 contents for the Atomic Energy Defense Act is 

22 amended by striking the item relating to section 

23 4208. 

24 (2) NDAA FISCAL YEAR 1996.—Section 3152 of 

25 the National Defense Authorization Act for Fiscal 


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1 Year 1996 (Public Law 104–106; 110 Stat. 623) is 

2 repealed. 

3 SEC. 3134. REPEAL OF CERTAIN REPORTING REQUIRE4 MENTS. 

5 (a) GAO ENVIRONMENTAL MANAGEMENT RE6 PORTS.—Section 3134 of the National Defense Authoriza7 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

8 Stat. 2713) is amended—

9 (1) in subsection (c)—

10 (A) in paragraph (1), by striking ‘‘The 

11 Comptroller’’ and all that follows through 

12 ‘‘(2),’’ and inserting ‘‘Beginning on the date on 

13 which the report under subsection (b)(2) is sub14 mitted, the Comptroller General shall conduct a 

15 review’’; 

16 (B) by striking paragraph (2); 

17 (C) by redesignating paragraph (3) as 

18 paragraph (2); and 

19 (D) in paragraph (2), as so redesignated, 

20 by striking ‘‘the end of the period described in 

21 paragraph (2)’’ and inserting ‘‘August 30, 

22 2012’’; and 

23 (2) in subsection (d)—


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1 (A) in paragraph (1), by striking ‘‘sub2 section (c)(3)’’ and inserting ‘‘subsection 

3 (c)(2)’’; and 

4 (B) in paragraph (2), by striking ‘‘90 

5 days’’ and all that follows through ‘‘(c)(3)’’ and 

6 inserting ‘‘April 30, 2016, or the date that is 

7 210 days after the date on which the Secretary 

8 of Energy notifies the Comptroller General that 

9 all American Recovery and Reinvestment Act 

10 funds have been expended, whichever is ear11 lier’’. 

12 (b) WORKFORCE RESTRUCTURING PLAN UP13 DATES.—

14 (1) IN GENERAL.—Section 4604 of the Atomic 

15 Energy Defense Act (50 U.S.C. 2704), as amended 

16 by section 3131(q), is amended—

17 (A) in subsection (b)(1), by striking ‘‘and 

18 any updates of the plan under subsection (e)’’; 

19 (B) by striking subsection (e); 

20 (C) in subsection (f)—

21 (i) by striking paragraph (2); and 

22 (ii) by redesignating paragraph (3), as 

23 added by such section 3131(q), as para24 graph (2); and 


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1 (D) by redesignating subsections (f) and 

2 (g) as subsections (e) and (f), respectively. 

3 (2) CONFORMING AMENDMENT.—Section 

4 4643(d)(1) of the Atomic Energy Defense Act (50 

5 U.S.C. 2733(d)(1)) is amended by striking ‘‘section 

6 4604(g)’’ and inserting ‘‘section 4604(f)’’. 

7 (c) UNCLASSIFIED CONTROLLED NUCLEAR INFOR8 MATION QUARTERLY REPORT.—Section 148 of the Atom9 ic Energy Act of 1954 (42 U.S.C. 2168) is amended by 

10 striking subsection e. 

11 Subtitle D—Reports 

12 SEC. 3141. REPORTS ON LIFETIME EXTENSION PROGRAMS. 

13 (a) PROTOTYPES.—Subtitle A of title XLII of the 

14 Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is 

15 amended by inserting after section 4215, as added by sec16 tion 3114(a)(1), the following new section: 

17 ‘‘SEC. 4216. REPORTS ON LIFETIME EXTENSION PROGRAMS. 

18 ‘‘(a) REPORTS REQUIRED.—Before proceeding be19 yond phase 6.2 activities with respect to any lifetime ex20 tension program, the Nuclear Weapons Council estab21 lished by section 179 of title 10, United States Code, shall 

22 submit to the congressional defense committees a report 

23 on such phase 6.2 activities, including—

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1 ing whether the subsystems and components in each 

2 option are considered to be a refurbishment, reuse, 

3 or replacement of such subsystem or component; and 

4 ‘‘(2) an assessment of the option selected for 

5 the phase 6.2 activities, including—

6 ‘‘(A) whether the subsystems and compo7 nents will be refurbished, reused, or replaced; 

8 and 

9 ‘‘(B) the advantages and disadvantages of 

10 refurbishment, reuse, and replacement for each 

11 such subsystem and component. 

12 ‘‘(b) PHASE 6.2 ACTIVITIES DEFINED.—In this sec13 tion, the term ‘phase 6.2 activities’ means, with respect 

14 to a lifetime extension program, the phase 6.2 feasibility 

15 study and option down-select.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 at the beginning of such Act is amended by inserting after 

18 the item relating to section 4215, as added by section 

19 3114(a)(2), the following new item:

‘‘Sec. 4216. Reports on lifetime extension programs.’’.

20 SEC. 3142. NOTIFICATION OF NUCLEAR CRITICALITY AND 

21 NON-NUCLEAR INCIDENTS. 

22 (a) NOTIFICATION.—

23 (1) IN GENERAL.—Subtitle C of title XLVI of 

24 the Atomic Energy Defense Act (50 U.S.C. 2731 et 


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1 seq.), as amended by section 3161(a), is amended by 

2 adding at the end the following new section: 

3 ‘‘SEC. 4646. NOTIFICATION OF NUCLEAR CRITICALITY AND 

4 NON-NUCLEAR INCIDENTS. 

5 ‘‘(a) NOTIFICATION.—The Secretary of Energy and 

6 the Administrator, as the case may be, shall submit to 

7 the appropriate congressional committees a notification of 

8 a nuclear criticality incident resulting from a covered pro9 gram that results in an injury or fatality or results in the 

10 shutdown, or partial shutdown, of a covered facility by not 

11 later than 15 days after the date of such incident. 

12 ‘‘(b) ELEMENTS OF NOTIFICATION.—Each notifica13 tion submitted under subsection (a) shall include the fol14 lowing: 

15 ‘‘(1) A description of the incident, including the 

16 cause of the incident. 

17 ‘‘(2) In the case of a criticality incident, wheth18 er the incident caused a facility, or part of a facility, 

19 to be shut down. 

20 ‘‘(3) The effect, if any, on the mission of the 

21 Administration or the Office of Environmental Man22 agement of the Department of Energy. 

23 ‘‘(4) Any corrective action taken in response to 

24 the incident. 


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1 ‘‘(c) DATABASE.—(1) The Secretary shall maintain 

2 a record of incidents described in paragraph (2). 

3 ‘‘(2) An incident described in this paragraph is any 

4 of the following incidents resulting from a covered pro5 gram: 

6 ‘‘(A) A nuclear criticality incident that results 

7 in an injury or fatality or results in the shutdown, 

8 or partial shutdown, of a covered facility. 

9 ‘‘(B) A non-nuclear incident that results in seri10 ous bodily injury or fatality at a covered facility. 

11 ‘‘(d) COOPERATION.—In carrying out this section, 

12 the Secretary and the Administrator shall ensure that 

13 each management and operating contractor of a covered 

14 facility cooperates in a timely manner. 

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

16 ‘‘(1) The term ‘appropriate congressional com17 mittees’ means—

18 ‘‘(A) the congressional defense committees; 

19 and 

20 ‘‘(B) the Committee on Energy and Com21 merce of the House of Representatives and the 

22 Committee on Energy and Natural Resources of 

23 the Senate. 

24 ‘‘(2) The term ‘covered facility’ means—


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1 ‘‘(A) a facility of the nuclear security en2 terprise; and 

3 ‘‘(B) a facility conducting activities for the 

4 defense environmental cleanup program of the 

5 Office of Environmental Management of the 

6 Department of Energy. 

7 ‘‘(3) The term ‘covered program’ means—

8 ‘‘(A) programs of the Administration; and 

9 ‘‘(B) defense environmental cleanup pro10 grams of the Office of Environmental Manage11 ment of the Department of Energy.’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents at the beginning of such Act is amended by in14 serting after the item relating to section 4645, as 

15 added by section 3161(b), the following new item:

‘‘Sec. 4646. Notification of nuclear criticality and non-nuclear incidents.’’.

16 (b) REPORT.—

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

18 the date of the enactment of this Act, the Secretary 

19 of Energy and the Administrator for Nuclear Secu20 rity shall each submit to the appropriate congres21 sional committees a report detailing any incidents 

22 described in paragraph (2) that occurred during the 

23 10-year period before the date of the report. 

24 (2) INCIDENTS DESCRIBED.—An incident de25 scribed in this paragraph is any of the following inciVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01432 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 dents that occurred as a result of programs of the 

2 National Nuclear Security Administration or defense 

3 environmental cleanup programs of the Office of En4 vironmental Management of the Department of En5 ergy: 

6 (A) A nuclear criticality incident that re7 sulted in an injury or fatality or resulted in the 

8 shutdown, or partial shutdown, of a facility of 

9 the nuclear security enterprise or a facility con10 ducting activities for such defense environ11 mental cleanup programs. 

12 (B) A non-nuclear incident that results in 

13 serious bodily injury or fatality at such a facil14 ity. 

15 (3) APPROPRIATE CONGRESSIONAL COMMIT16 TEES DEFINED.—In this subsection, the term ‘‘ap17 propriate congressional committees’’ means—

18 (A) the congressional defense committees; 

19 and 

20 (B) the Committee on Energy and Com21 merce of the House of Representatives and the 

22 Committee on Energy and Natural Resources of 

23 the Senate. 


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1 SEC. 3143. QUARTERLY REPORTS TO CONGRESS ON FINAN2 CIAL BALANCES FOR ATOMIC ENERGY DE3 FENSE ACTIVITIES. 

4 (a) REPORTS REQUIRED.—Subtitle C of title XLVII 

5 of the Atomic Energy Defense Act (50 U.S.C. 2771 et 

6 seq.) is amended by adding at the end the following new 

7 section: 

8 ‘‘SEC. 4732. QUARTERLY REPORTS ON FINANCIAL BAL9 ANCES FOR ATOMIC ENERGY DEFENSE AC10 TIVITIES. 

11 ‘‘(a) REPORTS REQUIRED.—Not later than 15 days 

12 after the end of each fiscal year quarter, the Secretary 

13 of Energy shall submit to the congressional defense com14 mittees a report on the financial balances for each atomic 

15 energy defense program at the budget control levels used 

16 in the report accompanying the most current Act appro17 priating funds for energy and water development. 

18 ‘‘(b) ELEMENTS.—Each report under subsection (a) 

19 shall set forth, for each program covered by such report, 

20 the following as of the end of the fiscal year quarter cov21 ered by such report: 

22 ‘‘(1) The total amount authorized to be appro23 priated, including amounts authorized to be appro24 priated in the current fiscal year and amounts au25 thorized to be appropriated for prior fiscal years. 

26 ‘‘(2) The amount unobligated. 


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1 ‘‘(3) The amount unobligated but committed. 

2 ‘‘(4) The amount obligated but uncosted. 

3 ‘‘(c) PRESENTATION.—Each report under subsection 

4 (a) shall present information as follows: 

5 ‘‘(1) For each program, in summary form and 

6 by fiscal year. 

7 ‘‘(2) With financial balances in connection with 

8 funding under recurring DOE national security au9 thorizations (as that term is defined in section 

10 4701(1)) presented separately from balances in con11 nection with funding under any other provisions of 

12 law.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 at the beginning of such Act is amended by inserting after 

15 the item relating to section 4731, as in effect before the 

16 amendment made by section 3131(u)(2) takes effect, the 

17 following new item:

‘‘Sec. 4732. Quarterly reports on financial balances for atomic energy defense 

activities.’’.

18 SEC. 3144. NATIONAL ACADEMY OF SCIENCES STUDY ON 

19 PEER REVIEW AND DESIGN COMPETITION 

20 RELATED TO NUCLEAR WEAPONS. 

21 (a) STUDY.—Not later than 60 days after the date 

22 of the enactment of this Act, the Administrator for Nu23 clear Security shall enter into an agreement with the NaVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01435 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 tional Academy of Sciences to conduct a study of peer re2 view and design competition related to nuclear weapons. 

3 (b) ELEMENTS.—The study required by subsection 

4 (a) shall include an assessment of—

5 (1) the quality and effectiveness of peer review 

6 of designs, development plans, engineering and sci7 entific activities, and priorities related to both nu8 clear and non-nuclear aspects of nuclear weapons; 

9 (2) incentives for effective peer review; 

10 (3) the potential effectiveness, efficiency, and 

11 cost of alternative methods of conducting peer review 

12 and design competition related to both nuclear and 

13 non-nuclear aspects of nuclear weapons, as com14 pared to current methods; 

15 (4) the known instances where current peer re16 view practices and design competition succeeded or 

17 failed to find problems or potential problems; and 

18 (5) such other matters related to peer review 

19 and design competition related to nuclear weapons 

20 as the Administrator considers appropriate. 

21 (c) COOPERATION AND ACCESS TO INFORMATION

22 AND PERSONNEL.—The Administrator shall ensure that 

23 the National Academy of Sciences receives full and timely 

24 cooperation, including full access to information and per25 sonnel, from the National Nuclear Security AdministraVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01436 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 tion and the management and operating contractors of the 

2 Administration for the purposes of conducting the study 

3 under subsection (a). 

4 (d) REPORT.—

5 (1) IN GENERAL.—The National Academy of 

6 Sciences shall submit to the Administrator a report 

7 containing the results of the study conducted under 

8 subsection (a) and any recommendations resulting 

9 from the study. 

10 (2) SUBMITTAL TO CONGRESS.—Not later than 

11 September 30, 2014, the Administrator shall submit 

12 to the Committees on Armed Services of the House 

13 of Representatives and the Senate the report sub14 mitted under paragraph (1) and any comments or 

15 recommendations of the Administrator with respect 

16 to the report. 

17 (3) FORM.—The report submitted under para18 graph (1) shall be in unclassified form, but may in19 clude a classified annex. 

20 SEC. 3145. REPORT ON DEFENSE NUCLEAR NON21 PROLIFERATION PROGRAMS. 

22 (a) REPORT REQUIRED.—

23 (1) IN GENERAL.—Not later than March 1 of 

24 each year from 2013 through 2015, the Adminis25 trator for Nuclear Security shall submit to the apVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01437 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 propriate congressional committees a report on the 

2 budget, objectives, and metrics of the defense nu3 clear nonproliferation programs of the National Nu4 clear Security Administration. 

5 (2) ELEMENTS.—The report required by para6 graph (1) shall include the following: 

7 (A) An identification and explanation of 

8 uncommitted balances that are more than the 

9 acceptable carryover thresholds, as determined 

10 by the Secretary of Energy, on a program-by11 program basis. 

12 (B) An identification of foreign countries 

13 that are sharing the cost of implementing de14 fense nuclear nonproliferation programs, includ15 ing an explanation of such cost sharing. 

16 (C) A description of objectives and meas17 urements for each defense nuclear nonprolifera18 tion program. 

19 (D) A description of the proliferation of 

20 nuclear weapons threat and how each defense 

21 nuclear nonproliferation program activity 

22 counters the threat. 

23 (E) A description and assessment of non24 proliferation activities coordinated with the DeVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01438 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 partment of Defense to maximize efficiency and 

2 avoid redundancies. 

3 (F) A description of how the defense nu4 clear nonproliferation programs are prioritized 

5 to meet the most urgent nonproliferation re6 quirements. 

7 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

8 DEFINED.—In this section, the term ‘‘appropriate con9 gressional committees’’ means—

10 (1) the Committee on Armed Services and the 

11 Committee on Foreign Affairs of the House of Rep12 resentatives; and 

13 (2) the Committee on Armed Services and the 

14 Committee on Foreign Relations of the Senate. 

15 (c) FORM.—The report required by subsection (a)(1) 

16 shall be submitted in unclassified form, but may include 

17 a classified annex. 

18 SEC. 3146. STUDY ON REUSE OF PLUTONIUM PITS. 

19 (a) STUDY.—Not later than 270 days after the date 

20 of the enactment of this Act, the Administrator for Nu21 clear Security, in coordination with the Nuclear Weapons 

22 Council established by section 179 of title 10, United 

23 States Code, shall submit to the congressional defense 

24 committees a study of plutonium pits, including—

25 (1) the availability of plutonium pits—


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1 (A) as of the date of the report; and 

2 (B) after such date as a result of the dis3 mantlement of nuclear weapons; and 

4 (2) an assessment of the potential for reusing 

5 plutonium pits in future life extension programs. 

6 (b) MATTERS INCLUDED.—The study submitted 

7 under subsection (a) shall include the following: 

8 (1) The feasibility and practicability of potential 

9 full or partial reuse options with respect to pluto10 nium pits. 

11 (2) The benefits and risks of reusing plutonium 

12 pits. 

13 (3) A list of technical challenges that must be 

14 resolved to certify aged plutonium under dynamic 

15 loading conditions and the full stockpile-to-target se16 quence of weapons, including a program plan and 

17 timeline for resolving such technical challenges and 

18 an assessment of the importance of resolving out19 standing materials issues on certifying aged pluto20 nium pits. 

21 (4) A list of the facilities that will perform the 

22 testing and experiments required to resolve the tech23 nical challenges identified under paragraph (3). 

24 (5) The potential costs and cost savings of such 

25 reuse. 


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1 (6) The effects of such reuse on the require2 ments for plutonium pit manufacturing. 

3 (7) An assessment of how such reuse affects 

4 plans to build a responsive nuclear weapons infra5 structure. 

6 SEC. 3147. ASSESSMENT OF NUCLEAR WEAPON PIT PRO7 DUCTION REQUIREMENT. 

8 (a) ASSESSMENT.—The Secretary of Defense, in co9 ordination with the Secretary of Energy and the Com10 mander of the United States Strategic Command, shall 

11 assess the annual plutonium pit production requirement 

12 needed to sustain a safe, secure, and reliable nuclear 

13 weapon arsenal. 

14 (b) REPORTS.—

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of the enactment of this Act, the Sec17 retary of Defense, in coordination with the Secretary 

18 of Energy and the Commander of the United States 

19 Strategic Command, shall submit to the congres20 sional defense committees a report regarding the as21 sessment conducted under subsection (a), includ22 ing—

23 (A) an explanation of the rationale and as24 sumptions that led to the current 50 to 80 plu25 tonium pit production requirement, including 


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1 the factors considered in determining such re2 quirement; 

3 (B) an analysis of whether there are any 

4 changes to the current 50 to 80 plutonium pit 

5 production requirement, including the reasons 

6 for any such changes; 

7 (C) the cost and implications for national 

8 security of various smaller and larger pit pro9 duction capacities, including with respect to—

10 (i) the ability to respond to geo11 political and technical risks; 

12 (ii) the sustainment of the nuclear 

13 weapons stockpile, including options avail14 able for life extension programs; and 

15 (iii) impacts on the requirements for 

16 the inactive and reserve nuclear weapons 

17 stockpile. 

18 (2) UPDATE.—If the report under paragraph 

19 (1) does not incorporate the results of the Nuclear 

20 Posture Review Implementation Study, the Sec21 retary of Defense, in coordination with the Secretary 

22 of Energy and the Commander of the United States 

23 Strategic Command, shall submit to the congres24 sional defense committees an update to the report 

25 under paragraph (1) that incorporates the results of 


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1 such study by not later than 90 days after the date 

2 on which such committees receive such study. 

3 (c) FORM.—The reports under paragraphs (1) and 

4 (2) of subsection (b) shall be submitted in unclassified 

5 form, but may include a classified annex. 

6 SEC. 3148. STUDY ON A MULTIAGENCY GOVERNANCE 

7 MODEL FOR NATIONAL SECURITY LABORA8 TORIES. 

9 (a) INDEPENDENT ASSESSMENT.—

10 (1) IN GENERAL.—The Administrator for Nu11 clear Security shall commission an independent as12 sessment regarding the transition of the national se13 curity laboratories to multiagency federally funded 

14 research and development centers with direct 

15 sustainment and sponsorship by multiple national 

16 security agencies. The organization selected to con17 duct the independent assessment shall have recog18 nized credentials and expertise in national security 

19 science and engineering laboratories. 

20 (2) BACKGROUND MATERIAL.—The assessment 

21 shall leverage previous studies, including—

22 (A) the report published in 2009 by the 

23 Stimson Center titled ‘‘Leveraging Science for 

24 Security: A Strategy for the Nuclear Weapons 

25 Laboratories in the 21st Century’’; and 


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1 (B) the Phase 1 report published in 2012 

2 by the National Academy of Sciences titled 

3 ‘‘Managing for High-Quality Science and Engi4 neering at the NNSA National Security labora5 tories’’. 

6 (3) ELEMENTS.—The assessment conducted 

7 pursuant to paragraph (1) shall include the fol8 lowing elements: 

9 (A) An assessment of a new governance 

10 structure that—

11 (i) gives multiple national security 

12 agencies, including the Department of De13 fense, the Department of Homeland Secu14 rity, the Department of Energy, and the 

15 intelligence community, direct sponsorship 

16 of the national security laboratories as fed17 erally funded research and development 

18 centers so that such agencies have more di19 rect and rapid access to the assets avail20 able at the laboratories and the responsi21 bility to provide sustainable support for the 

22 science and technology needs of the agen23 cies at the laboratories; 

24 (ii) reduces costs to the Federal Gov25 ernment for the use of the resources of the 


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1 laboratories, while enhancing the steward2 ship of these national resources and maxi3 mizing their service to the Nation; 

4 (iii) enhances the overall quality of 

5 the scientific research and engineering ca6 pability of the laboratories, including their 

7 ability to recruit and retain top scientists 

8 and engineers; and 

9 (iv) maintains as paramount the capa10 bilities required to support the nuclear 

11 stockpile stewardship and related nuclear 

12 missions. 

13 (B) A recommendation as to which, if any, 

14 other laboratories associated with any national 

15 security agency should be included in the new 

16 governance structure. 

17 (C) Options for implementing the new gov18 ernance structure that minimize disruption of 

19 performance and costs to the government while 

20 rapidly achieving anticipated gains. 

21 (D) Legislative changes and executive ac22 tions that would need to be made in order to 

23 implement the new governance structure. 

24 (b) REPORT.—


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

2 2014, the organization selected to conduct the inde3 pendent assessment under subsection (a)(1) shall 

4 submit to the Administrator and the congressional 

5 defense committees a report that contains the find6 ings of the assessment. 

7 (2) FORM.—The report under paragraph (1) 

8 shall be submitted in unclassified form, but may in9 clude a classified annex. 

10 (c) DEFINITION.—In this section, the term ‘‘national 

11 security laboratory’’ has the meaning given that term in 

12 section 3281 of the National Nuclear Security Administra13 tion Act (50 U.S.C. 2471). 

14 SEC. 3149. REPORT ON EFFICIENCIES IN FACILITIES AND 

15 FUNCTIONS OF THE NATIONAL NUCLEAR SE16 CURITY ADMINISTRATION. 

17 (a) REPORT REQUIRED.—Not later than 180 days 

18 after the date of the enactment of this Act, the Nuclear 

19 Weapons Council established by section 179 of title 10, 

20 United States Code, shall submit to the congressional de21 fense committees a report setting forth the assessment of 

22 the Council as to the feasibility of finding further effi23 ciencies in the facilities and functions of the National Nu24 clear Security Administration in order to reduce costs. 


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1 (b) PROCESS.—If the assessment of the Council in 

2 the report under subsection (a) is that excess facilities or 

3 duplicative functions exist and seeking efficiencies in the 

4 facilities and functions of the Administration is feasible 

5 and would reduce cost, the report shall include rec6 ommendations for a process to determine the manner in 

7 which such efficiencies should be accomplished, including 

8 an estimate of the time required to complete the process. 

9 (c) LIMITATION ON AVAILABILITY OF CERTAIN

10 FUNDS PENDING REPORT.—Amounts authorized to be 

11 appropriated by this title and available for the facility 

12 projects in the Department of Energy Readiness and 

13 Technical Base designated 04–D–125 and 06–D–141 may 

14 not be obligated or expended for CD–3, Start of Construc15 tion (as found in Department of Energy Order 413.3 B 

16 Program and Project Management for the Acquisition of 

17 Capital Assets), until the submittal under subsection (a) 

18 of the report required by that subsection. 

19 SEC. 3150. STUDY ON REGIONAL RADIOLOGICAL SECURITY 

20 ZONES. 

21 (a) STUDY.—

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of the enactment of this Act, the 

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1 mit to the appropriate congressional committees a 

2 study in accordance with paragraph (3). 

3 (2) CONSULTATION.—The Comptroller General 

4 may, in conducting the study required under para5 graph (1), consult with the Secretary of Energy, the 

6 Secretary of Homeland Security, the Secretary of 

7 State, the Nuclear Regulatory Commission, and such 

8 other departments and agencies of the United States 

9 Government as the Comptroller General considers 

10 appropriate. 

11 (3) MATTERS INCLUDED.—The study under 

12 paragraph (1) shall include the following: 

13 (A) An assessment of the radioactive iso14 topes and associated activity levels that present 

15 the greatest risk to national and international 

16 security. 

17 (B) A review of current efforts by the Fed18 eral Government to secure radiological mate19 rials abroad, including coordination with foreign 

20 governments, the European Union, the Inter21 national Atomic Energy Agency, other inter22 national programs, and nongovernmental orga23 nizations that identify, register, secure, remove, 

24 and provide for the disposition of high-risk ra25 diological materials worldwide. 


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1 (C) A review of current efforts of the Fed2 eral Government to secure radiological mate3 rials domestically at civilian sites, including hos4 pitals, industrial sites, and other locations. 

5 (D) A definition of regional radiological se6 curity zones, including the subset of the mate7 rials of concern to be the immediate focus and 

8 the security best practices required to achieve 

9 that goal. 

10 (E) An assessment of the feasibility, cost, 

11 desirability, and added benefit of establishing 

12 regional radiological security zones in high pri13 ority areas worldwide in order to facilitate re14 gional collaboration in—

15 (i) identifying and inventorying high16 activity radiological sources at high-risk 

17 sites; 

18 (ii) reviewing national level regula19 tions, inspections, transportation security, 

20 and security upgrade options; and 

21 (iii) assessing opportunities for the 

22 harmonization of regulations and security 

23 practices among the nations of the region. 

24 (F) An assessment of the feasibility, cost, 

25 desirability, and added benefit of establishing 


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1 remote regional monitoring centers that would 

2 receive real-time data from radiological security 

3 sites, would be staffed by trained personnel 

4 from the countries in the region, and would 

5 alert local law enforcement in the event of a po6 tential or actual terrorist incident or other 

7 emergency. 

8 (G) An assessment of the feasibility and 

9 cost of securing radiological materials in the 

10 United States and through regional monitoring 

11 centers, taking into account the threat and con12 sequences of a terrorist attack using fissile ma13 terials as compared to the threat and con14 sequences of a terrorist attack using radio15 logical materials. 

16 (H) A list and assessment of the best prac17 tices used in the United States that are most 

18 critical in enhancing domestic radiological mate19 rial security and could be used to enhance radi20 ological security worldwide. 

21 (I) An assessment of the United States en22 tity or entities that would be best suited to lead 

23 efforts to establish a radiological security zone 

24 program. 


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1 (J) An estimate of the costs associated 

2 with the implementation of a radiological secu3 rity zone program. 

4 (K) An assessment of the known locations 

5 outside the United States housing high-risk ra6 diological materials in excess of 1,000 curies. 

7 (L) An assessment of how efforts to secure 

8 radiological materials might impact the avail9 able resources, capabilities, and capacity of the 

10 United States that would be used to secure 

11 fissile materials. 

12 (4) FORM.—The study required under para13 graph (1) shall be submitted in unclassified form, 

14 but may include a classified annex. 

15 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

16 DEFINED.—In this section, the term ‘‘appropriate con17 gressional committees’’ means—

18 (1) the Committee on Armed Services, the 

19 Committee on Homeland Security and Governmental 

20 Affairs, and the Committee on Foreign Relations of 

21 the Senate; and 

22 (2) the Committee on Armed Services, the 

23 Committee on Homeland Security, and the Com24 mittee on Foreign Affairs of the House of Rep25 resentatives. 


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1 SEC. 3151. REPORT ON ABANDONED URANIUM MINES. 

2 (a) REPORT.—

3 (1) IN GENERAL.—The Secretary of Energy, in 

4 consultation with the Secretary of the Interior and 

5 the Administrator of the Environmental Protection 

6 Agency, shall undertake a review of, and prepare a 

7 report on, abandoned uranium mines in the United 

8 States that provided uranium ore for atomic energy 

9 defense activities of the United States. 

10 (2) MATTERS TO BE ADDRESSED.—The report 

11 shall describe and analyze—

12 (A) the location of the abandoned uranium 

13 mines described in paragraph (1) on Federal, 

14 State, tribal, and private land, taking into ac15 count any existing inventories undertaken by 

16 Federal agencies, States, and Indian tribes, and 

17 any additional information available to the Sec18 retary; 

19 (B) the extent to which the abandoned 

20 uranium mines—

21 (i) pose, or may pose, a significant ra22 diation hazard or other significant threat 

23 to public health and safety; and 

24 (ii) have caused, or may cause, signifi25 cant water quality degradation or other en26 vironmental degradation; 


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1 (C) a ranking of priority by category for 

2 the remediation and reclamation of the aban3 doned uranium mines; 

4 (D) the potential cost and feasibility of re5 mediating and reclaiming, in accordance with 

6 applicable Federal law, each category of aban7 doned uranium mines; and 

8 (E) the status of any efforts to remediate 

9 and reclaim abandoned uranium mines. 

10 (b) CONSULTATION.—In preparing the report under 

11 subsection (a), the Secretary shall consult with any other 

12 relevant Federal agencies, affected States and Indian 

13 tribes, and interested members of the public. 

14 (c) REPORT TO CONGRESS.—

15 (1) IN GENERAL.—Not later than 18 months 

16 after the date of the enactment of this Act, the Sec17 retary shall submit to the appropriate congressional 

18 committees the report under subsection (a)(1). 

19 (2) APPROPRIATE CONGRESSIONAL COMMIT20 TEES DEFINED.—In this subsection, the term ‘‘ap21 propriate congressional committees’’ means—

22 (A) the Committees on Armed Services of 

23 the Senate and the House of Representatives; 

24 and 


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1 (B) the Committee on Energy and Natural 

2 Resources of the Senate, the Committee on En3 ergy and Commerce of the House of Represent4 atives, and the Committee on Natural Re5 sources of the House of Representatives. 

6 (d) CONSTRUCTION.—Nothing in this section may be 

7 construed to affect any responsibility or liability of the 

8 Federal Government, a State, an Indian tribe, or a person 

9 with respect to the remediation of an abandoned uranium 

10 mine. 

11 Subtitle E—Other Matters 

12 SEC. 3161. USE OF PROBABILISTIC RISK ASSESSMENT TO 

13 ENSURE NUCLEAR SAFETY. 

14 (a) IN GENERAL.—Subtitle C of title XLVI of the 

15 Atomic Energy Defense Act (50 U.S.C. 2731 et seq.) is 

16 amended by adding at the end the following new section: 

17 ‘‘SEC. 4645. USE OF PROBABILISTIC RISK ASSESSMENT TO 

18 ENSURE NUCLEAR SAFETY OF FACILITIES OF 

19 THE ADMINISTRATION AND THE OFFICE OF 

20 ENVIRONMENTAL MANAGEMENT. 

21 ‘‘(a) NUCLEAR SAFETY AT NNSA AND DOE FACILI22 TIES.—The Administrator and the Secretary of Energy 

23 shall ensure that the methods for assessing, certifying, 

24 and overseeing nuclear safety at the facilities specified in 

25 subsection (c) use national and international standards 


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1 and nuclear industry best practices, including probabilistic 

2 or quantitative risk assessment if sufficient data exist. 

3 ‘‘(b) ADEQUATE PROTECTION.—The use of prob4 abilistic or quantitative risk assessment under subsection 

5 (a) shall be to support, rather than replace, the require6 ment under section 182 of the Atomic Energy Act of 1954 

7 (42 U.S.C. 2232) that the utilization or production of spe8 cial nuclear material will be in accordance with the com9 mon defense and security and will provide adequate pro10 tection to the health and safety of the public. 

11 ‘‘(c) FACILITIES SPECIFIED.—Subsection (a) shall 

12 apply—

13 ‘‘(1) to the Administrator with respect to the 

14 national security laboratories and the nuclear weap15 ons production facilities; and 

16 ‘‘(2) to the Secretary of Energy with respect to 

17 defense nuclear facilities of the Office of Environ18 mental Management of the Department of Energy.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 at the beginning of such Act is amended by inserting after 

21 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.’’.


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1 SEC. 3162. SUBMITTAL TO CONGRESS OF SELECTED ACQUI2 SITION REPORTS AND INDEPENDENT COST 

3 ESTIMATES ON LIFE EXTENSION PROGRAMS 

4 AND NEW NUCLEAR FACILITIES. 

5 (a) SUBMITTAL REQUIRED.—Subtitle A of title XLII 

6 of the Atomic Energy Defense Act (50 U.S.C. 2521 et 

7 seq.) is amended by inserting after section 4216, as added 

8 by section 3141(a), the following new section: 

9 ‘‘SEC. 4217. SELECTED ACQUISITION REPORTS AND INDE10 PENDENT COST ESTIMATES ON LIFE EXTEN11 SION PROGRAMS AND NEW NUCLEAR FACILI12 TIES. 

13 ‘‘(a) SELECTED ACQUISITION REPORTS.—(1) At the 

14 end of each fiscal-year quarter, the Secretary of Energy, 

15 acting through the Administrator, shall submit to the con16 gressional defense committees a report on each nuclear 

17 weapon system undergoing life extension. The reports 

18 shall be known as Selected Acquisition Reports for the 

19 weapon system concerned. 

20 ‘‘(2) The information contained in the Selected Ac21 quisition Report for a fiscal-year quarter for a nuclear 

22 weapon system shall be the information contained in the 

23 Selected Acquisition Report for such fiscal-year quarter 

24 for a major defense acquisition program under section 

25 2432 of title 10, United States Code, expressed in terms 

26 of the nuclear weapon system. 


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1 ‘‘(b) INDEPENDENT COST ESTIMATES.—(1) The Sec2 retary, acting through the Administrator, shall submit to 

3 the congressional defense committees and the Nuclear 

4 Weapons Council established under section 179 of title 10, 

5 United States Code, an independent cost estimate of the 

6 following: 

7 ‘‘(A) Each nuclear weapon system undergoing 

8 life extension at the completion of phase 6.2A, relat9 ing to design definition and cost study. 

10 ‘‘(B) Each nuclear weapon system undergoing 

11 life extension before initiation of phase 6.5, relating 

12 to first production. 

13 ‘‘(C) Each new nuclear facility within the nu14 clear security enterprise that is estimated to cost 

15 more than $500,000,000 before such facility 

16 achieves critical decision 2 in the acquisition process. 

17 ‘‘(2) A cost estimate for purposes of this subsection 

18 may not be prepared by the Department of Energy or the 

19 Administration. 

20 ‘‘(c) AUTHORITY FOR FURTHER ASSESSMENTS.—

21 Upon the request of the Administrator, the Secretary of 

22 Defense, acting through the Director of Cost Assessment 

23 and Program Evaluation and in consultation with the Ad24 ministrator, may conduct an independent cost assessment 


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1 of any initiative or program of the Administration that 

2 is estimated to cost more than $500,000,000.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 at the beginning of such Act is amended by inserting after 

5 the item relating to 4216, as added by section 3141(b), 

6 the following new item:

‘‘Sec. 4217. Selected Acquisition Reports and independent cost estimates on life 

extension programs and new nuclear facilities.’’.

7 SEC. 3163. CLASSIFICATION OF CERTAIN RESTRICTED 

8 DATA. 

9 Section 142 of the Atomic Energy Act of 1954 (42 

10 U.S.C. 2162) is amended—

11 (1) in subsection d.—

12 (A) by inserting ‘‘(1)’’ before ‘‘The Com13 mission’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(2) The Commission may restore to the Restricted 

16 Data category any information related to the design of nu17 clear weapons removed under paragraph (1) if the Com18 mission and the Department of Defense jointly determine 

19 that—

20 ‘‘(A) the programmatic requirements that 

21 caused the information to be removed from the Re22 stricted Data category are no longer applicable or 

23 have diminished; 


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1 ‘‘(B) the information would be more appro2 priately protected as Restricted Data; and 

3 ‘‘(C) restoring the information to the Restricted 

4 Data category is in the interest of national security. 

5 ‘‘(3) In carrying out paragraph (2), information re6 lated to the design of nuclear weapons shall be restored 

7 to the Restricted Data category in accordance with regula8 tions prescribed for purposes of such paragraph.’’; and 

9 (2) in subsection e.—

10 (A) by inserting ‘‘(1)’’ before ‘‘The Com11 mission’’; 

12 (B) by striking ‘‘Central’’ and inserting 

13 ‘‘National’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(2) The Commission may restore to the Restricted 

16 Data category any information concerning atomic energy 

17 programs of other nations removed under paragraph (1) 

18 if the Commission and the Director of National Intel19 ligence jointly determine that—

20 ‘‘(A) the programmatic requirements that 

21 caused the information to be removed from the Re22 stricted Data category are no longer applicable or 

23 have diminished; 

24 ‘‘(B) the information would be more appro25 priately protected as Restricted Data; and 


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1 ‘‘(C) restoring the information to the Restricted 

2 Data category is in the interest of national security. 

3 ‘‘(3) In carrying out paragraph (2), information con4 cerning atomic energy programs of other nations shall be 

5 restored to the Restricted Data category in accordance 

6 with regulations prescribed for purposes of such para7 graph.’’. 

8 SEC. 3164. ADVICE TO PRESIDENT AND CONGRESS REGARD9 ING SAFETY, SECURITY, AND RELIABILITY OF 

10 UNITED STATES NUCLEAR WEAPONS STOCK11 PILE AND NUCLEAR FORCES. 

12 (a) IN GENERAL.—Section 1305 of the National De13 fense Authorization Act for Fiscal Year 1998 (42 U.S.C. 

14 7274p) is—

15 (1) transferred to the Atomic Energy Defense 

16 Act (50 U.S.C. 2501 et seq.); 

17 (2) inserted after section 4217 of such Act, as 

18 added by section 3162(a); 

19 (3) redesignated as section 4218; and 

20 (4) amended by amending subsection (f) to read 

21 as follows: 

22 ‘‘(f) EXPRESSION OF INDIVIDUAL VIEWS.—

23 ‘‘(1) IN GENERAL.—No individual, including 

24 representatives of the President, may take any ac25 tion against, or otherwise constrain, a director of a 


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1 national security laboratory or a nuclear weapons 

2 production facility, a member of the Nuclear Weap3 ons Council established under section 179 of title 

4 10, United States Code, or the Commander of the 

5 United States Strategic Command from presenting 

6 the professional views of the director, member, or 

7 Commander, as the case may be, to the President, 

8 the National Security Council, or Congress regard9 ing—

10 ‘‘(A) the safety, security, reliability, or 

11 credibility of the nuclear weapons stockpile and 

12 nuclear forces; or 

13 ‘‘(B) the status of, and plans for, the capa14 bilities and infrastructure that support and sus15 tain the nuclear weapons stockpile and nuclear 

16 forces. 

17 ‘‘(2) CONSTRUCTION.—Nothing in paragraph 

18 (1)(B) may be construed to affect the interagency 

19 budget process.’’. 

20 (b) CONFORMING AMENDMENTS.—Section 4218 of 

21 the Atomic Energy Defense Act, as added by subsection 

22 (a), is amended—

23 (1) by striking ‘‘nuclear weapons laboratories’’ 

24 each place it appears and inserting ‘‘national secu25 rity laboratories’’; 


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1 (2) by striking ‘‘nuclear weapons laboratory’’ 

2 each place it appears and inserting ‘‘national secu3 rity laboratory’’; 

4 (3) by striking ‘‘nuclear weapons production 

5 plants’’ each place it appears and inserting ‘‘nuclear 

6 weapons production facilities’’; 

7 (4) by striking ‘‘nuclear weapons production 

8 plant’’ each place it appears and inserting ‘‘nuclear 

9 weapons production facility’’; and 

10 (5) by amending subsection (g) to read as fol11 lows: 

12 ‘‘(g) REPRESENTATIVE OF THE PRESIDENT DE13 FINED.—In this section, the term ‘representative of the 

14 President’ means the following: 

15 ‘‘(1) Any official of the Department of Defense 

16 or the Department of Energy who is appointed by 

17 the President and confirmed by the Senate. 

18 ‘‘(2) Any member or official of the National Se19 curity Council. 

20 ‘‘(3) Any member or official of the Joint Chiefs 

21 of Staff. 

22 ‘‘(4) Any official of the Office of Management 

23 and Budget.’’. 

24 (c) CLERICAL AMENDMENT.—The table of contents 

25 at the beginning of the Atomic Energy Defense Act is 


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1 amended by inserting after the item relating to section 

2 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.’’.

3 SEC. 3165. PILOT PROGRAM ON TECHNOLOGY COMMER4 CIALIZATION. 

5 (a) PILOT PROGRAM.—The Secretary of Energy, in 

6 consultation with the Technology Transfer Coordinator 

7 appointed under section 1001(a) of the Energy Policy Act 

8 of 2005 (42 U.S.C. 16391(a)), may carry out a pilot pro9 gram at a national security laboratory for the purpose of 

10 accelerating technology transfer from such laboratories to 

11 the marketplace with respect to technologies that directly 

12 advance the mission of the National Nuclear Security Ad13 ministration. 

14 (b) TERMINATION.—The authority to carry out the 

15 pilot program under subsection (a) shall terminate on the 

16 date that is two years after the date of the enactment of 

17 this Act. 

18 (c) REPORTS.—

19 (1) IN GENERAL.—Not later than one year 

20 after the date of the enactment of this Act, the Sec21 retary shall submit to the appropriate congressional 

22 committees a report on the pilot program under sub23 section (a). 


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1 (2) ELEMENTS.—The report under paragraph 

2 (1) shall include the following: 

3 (A) An identification of opportunities for 

4 accelerating technology transfer from national 

5 security laboratories to the marketplace. 

6 (B) If the Secretary chooses to carry out 

7 the pilot program under subsection (a), a de8 scription of the plan to carry out such program. 

9 (C) If the Secretary chooses not to carry 

10 out the pilot program under subsection (a), a 

11 description of why the program will not be car12 ried out. 

13 (d) DEFINITIONS.—In this section: 

14 (1) The term ‘‘appropriate congressional com15 mittees’’ means the following: 

16 (A) The Committees on Armed Services of 

17 the Senate and House of Representatives. 

18 (B) The Committee on Commerce, Science, 

19 and Transportation of the Senate and the Com20 mittee on Science, Space, and Technology of 

21 the House of Representatives. 

22 (C) The Committee on Energy and Nat23 ural Resources of the Senate and the Com24 mittee on Energy and Commerce of the House 

25 of Representatives. 


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1 (2) The term ‘‘national security laboratory’’ has 

2 the meaning given that term in section 3281 of the 

3 National Nuclear Security Administration Act (50 

4 U.S.C. 2471). 

5 SEC. 3166. CONGRESSIONAL ADVISORY PANEL ON THE GOV6 ERNANCE OF THE NUCLEAR SECURITY EN7 TERPRISE. 

8 (a) ESTABLISHMENT.—There is established a con9 gressional advisory panel to be known as the ‘‘Congres10 sional Advisory Panel on the Governance of the Nuclear 

11 Security Enterprise’’ (in this section referred to as the 

12 ‘‘advisory panel’’). The purpose of the advisory panel is 

13 to examine options and make recommendations for revis14 ing the governance structure, mission, and management 

15 of the nuclear security enterprise. 

16 (b) COMPOSITION AND MEETINGS.—

17 (1) MEMBERSHIP.—The advisory panel shall be 

18 composed of 12 members appointed as follows: 

19 (A) Two by the chairman of the Committee 

20 on Armed Services of the House of Representa21 tives. 

22 (B) Two by the ranking minority member 

23 of the Committee on Armed Services of the 

24 House of Representatives. 


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1 (C) Two by the chairman of the Committee 

2 on Armed Services of the Senate. 

3 (D) Two by the ranking minority member 

4 of the Committee on Armed Services of the 

5 Senate. 

6 (E) One by the Speaker of the House of 

7 Representatives. 

8 (F) One by the minority leader of the 

9 House of Representatives. 

10 (G) One by the majority leader of the Sen11 ate. 

12 (H) One by the minority leader of the Sen13 ate. 

14 (2) CO-CHAIRMEN.—Two members of the advi15 sory panel shall serve as co-chairmen of the advisory 

16 panel. The co-chairmen shall be designated as fol17 lows: 

18 (A) The chairman of the Committee on 

19 Armed Services of the House of Representatives 

20 and the ranking minority member of the Com21 mittee on Armed Services of the Senate, in con22 sultation with the Speaker of the House of Rep23 resentatives and the minority leader of the Sen24 ate, shall jointly designate one member of the 


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1 advisory panel to serve as co-chairman of the 

2 advisory panel. 

3 (B) The chairman of the Committee on 

4 Armed Services of the Senate and the ranking 

5 minority member of the Committee on Armed 

6 Services of the House of Representatives, in 

7 consultation with the majority leader of the 

8 Senate and the minority leader of the House of 

9 Representatives, shall jointly designate one 

10 member of the advisory panel to serve as co11 chairman of the advisory panel. 

12 (3) SECURITY CLEARANCE REQUIRED.—Each 

13 individual appointed as a member of the advisory 

14 panel shall possess (or have recently possessed be15 fore the date of such appointment) the appropriate 

16 security clearance necessary to carry out the duties 

17 of the advisory panel. 

18 (4) PERIOD OF APPOINTMENT; VACANCIES.—

19 Each member of the advisory panel shall be ap20 pointed for the life of the advisory panel. Any va21 cancy in the advisory panel shall be filled in the 

22 same manner as the original appointment. 

23 (5) MEETINGS.—The advisory panel shall com24 mence its first meeting by not later than March 1, 


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1 2013, so long as at least two members have been ap2 pointed under paragraph (1) by such date. 

3 (c) COOPERATION FROM GOVERNMENT.—

4 (1) COOPERATION.—The advisory panel shall 

5 receive the full and timely cooperation of the Sec6 retary of Defense, the Secretary of Energy, and any 

7 other Federal official in providing the advisory panel 

8 with analyses, briefings, and other information, in9 cluding access to classified information, necessary 

10 for the advisory panel to carry out its duties under 

11 this section. With respect to access to classified in12 formation, the Director of National Intelligence may 

13 determine which information is necessary under this 

14 paragraph. 

15 (2) LIAISON.—The following heads of Federal 

16 agencies shall each designate at least one officer or 

17 employee of the respective agency to serve as a liai18 son officer between the agency and the advisory 

19 panel: 

20 (A) The Secretary of State. 

21 (B) The Secretary of Defense. 

22 (C) The Secretary of Energy. 

23 (D) The Secretary of Homeland Security. 

24 (E) The Director of National Intelligence. 

25 (d) REPORTS REQUIRED.—


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1 (1) INTERIM REPORT.—Not later than 180 

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

3 advisory panel shall submit to the President, the 

4 Secretary of Defense, the Secretary of Energy, the 

5 Committees on Armed Services and Energy and 

6 Natural Resources of the Senate, and the Commit7 tees on Armed Services and Energy and Commerce 

8 of the House of Representatives an interim report on 

9 the initial findings, conclusions, and recommenda10 tions of the advisory panel. To the extent prac11 ticable, the interim report shall address the matters 

12 described in paragraph (2) and focus on the imme13 diate, near-term actions the advisory panel rec14 ommends be taken. 

15 (2) REPORT.—Not later than February 1, 

16 2014, the advisory panel shall submit to the Presi17 dent, the Secretary of Defense, the Secretary of En18 ergy, the Committees on Armed Services and Energy 

19 and Natural Resources of the Senate, and the Com20 mittees on Armed Services and Energy and Com21 merce of the House of Representatives a report on 

22 the findings, conclusions, and recommendations of 

23 the advisory panel. The report shall include the fol24 lowing: 


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1 (A) An assessment of each option consid2 ered by the advisory panel for revising the gov3 ernance structure, mission, and management of 

4 the nuclear security enterprise, including the 

5 advantages, disadvantages, costs, risks, and 

6 benefits of each such option. 

7 (B) The recommendation of the advisory 

8 panel with respect to the most appropriate gov9 ernance structure, mission, and management of 

10 the nuclear security enterprise. 

11 (C) Recommendations of the advisory 

12 panel with respect to—

13 (i) the appropriate missions of the nu14 clear security enterprise, including how 

15 complementary missions should be man16 aged while ensuring focus on core missions; 

17 (ii) the organization and structure of 

18 the nuclear security enterprise and the 

19 Federal agency responsible for such enter20 prise; 

21 (iii) the roles, responsibilities, and au22 thorities of Federal agencies, Federal offi23 cials, the national security laboratories and 

24 nuclear weapons production facilities, and 

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1 cilities, including mechanisms for holding 

2 such officials and directors accountable; 

3 (iv) the allocation of roles and respon4 sibilities with respect to the mission, oper5 ations, safety, and security of the nuclear 

6 security enterprise; 

7 (v) the relationships among the Fed8 eral agency responsible for the nuclear se9 curity enterprise and the National Security 

10 Council, the Nuclear Weapons Council, the 

11 Department of Energy, the Department of 

12 Defense, and other Federal agencies; 

13 (vi) the interagency planning, pro14 gramming, and budgeting process for the 

15 nuclear security enterprise; 

16 (vii) the appropriate means for man17 aging and overseeing the nuclear security 

18 enterprise, including the role of federally 

19 funded research and development centers, 

20 the role and impact of various contracting 

21 and fee structures, the appropriate role of 

22 contract competition and nonprofit and 

23 for-profit contractors, and the use of per24 formance-based and transactional over25 sight; 


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1 (viii) the appropriate means for ensur2 ing the health of the intellectual capital of 

3 the nuclear security enterprise, including 

4 recruitment and retention of personnel and 

5 enhancement of a robust professional cul6 ture of excellence; 

7 (ix) the appropriate means for ensur8 ing the health and sustainment of the crit9 ical capabilities and physical infrastructure 

10 of the nuclear security enterprise; 

11 (x) infrastructure, rules, regulations, 

12 best practices, standards, and appropriate 

13 oversight mechanisms to ensure robust 

14 protection of the health and safety of 

15 workers and the public while also providing 

16 such workers the ability to effectively and 

17 efficiently carry out their mission; 

18 (xi) the appropriate congressional 

19 committee structure for oversight of the 

20 nuclear security enterprise; 

21 (xii) the length of the terms and sug22 gested qualifications for senior officials of 

23 the Federal agency responsible for the nu24 clear security enterprise; 


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1 (xiii) contracting, budget planning, 

2 program management, and regulatory 

3 changes to reduce the cost of programs 

4 and administration without eroding mis5 sion effectiveness or requirements and en6 suring robust protection of the health and 

7 safety of workers and the public; and 

8 (xiv) statutory, regulatory, and policy 

9 changes necessary for implementing the 

10 recommendations of the advisory panel. 

11 (D) An assessment of if and how the rec12 ommendations of the advisory panel will lead to 

13 greater mission focus and more effective and ef14 ficient program management for the nuclear se15 curity enterprise. 

16 (E) Any other information or recommenda17 tions relating to the future of the nuclear secu18 rity enterprise that the advisory panel considers 

19 appropriate. 

20 (e) FUNDING.—Of the amounts authorized to be ap21 propriated by this Act or otherwise made available for fis22 cal year 2013 for the Department of Defense, not more 

23 than $3,000,000 shall be made available to the advisory 

24 panel to carry out this section. 


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1 (f) TERMINATION.—The advisory panel shall termi2 nate not later than June 1, 2014. 

3 (g) DEFINITIONS.—In this section: 

4 (1) The term ‘‘national security laboratory’’ has 

5 the meaning given that term in section 4002(6) of 

6 the Atomic Energy Defense Act, as amended by sec7 tion 3131(a). 

8 (2) The term ‘‘nuclear security enterprise’’ has 

9 the meaning given that term in section 4002(5) of 

10 the Atomic Energy Defense Act, as amended by sec11 tion 3131(a). 

12 (3) The term ‘‘nuclear weapons production fa13 cility’’ has the meaning given that term in section 

14 4002(7) of the Atomic Energy Defense Act, as 

15 amended by section 3131(a). 

16 Subtitle F—American Medical 

17 Isotopes Production 

18 SEC. 3171. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘American Medical 

20 Isotopes Production Act of 2012’’. 

21 SEC. 3172. DEFINITIONS. 

22 In this subtitle: 

23 (1) DEPARTMENT.—The term ‘‘Department’’ 

24 means the Department of Energy. 


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1 (2) HIGHLY ENRICHED URANIUM.—The term 

2 ‘‘highly enriched uranium’’ means uranium enriched 

3 to 20 percent or greater in the isotope U–235. 

4 (3) LOW ENRICHED URANIUM.—The term ‘‘low 

5 enriched uranium’’ means uranium enriched to less 

6 than 20 percent in the isotope U–235. 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Energy. 

9 SEC. 3173. IMPROVING THE RELIABILITY OF DOMESTIC 

10 MEDICAL ISOTOPE SUPPLY. 

11 (a) MEDICAL ISOTOPE DEVELOPMENT PROJECTS.—

12 (1) IN GENERAL.—The Secretary shall carry 

13 out a technology-neutral program—

14 (A) to evaluate and support projects for 

15 the production in the United States, without 

16 the use of highly enriched uranium, of signifi17 cant quantities of molybdenum-99 for medical 

18 uses; 

19 (B) to be carried out in cooperation with 

20 non-Federal entities; and 

21 (C) the costs of which shall be shared in 

22 accordance with section 988 of the Energy Pol23 icy Act of 2005 (42 U.S.C. 16352). 

24 (2) CRITERIA.—Projects shall be evaluated 

25 against the following primary criteria: 


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1 (A) The length of time necessary for the 

2 proposed project to begin production of molyb3 denum-99 for medical uses within the United 

4 States. 

5 (B) The capability of the proposed project 

6 to produce a significant percentage of United 

7 States demand for molybdenum-99 for medical 

8 uses. 

9 (C) The capability of the proposed project 

10 to produce molybdenum-99 in a cost-effective 

11 manner. 

12 (D) The cost of the proposed project. 

13 (3) EXEMPTION.—An existing reactor in the 

14 United States fueled with highly enriched uranium 

15 shall not be disqualified from the program if the 

16 Secretary determines that—

17 (A) there is no alternative nuclear reactor 

18 fuel, enriched in the isotope U–235 to less than 

19 20 percent, that can be used in that reactor; 

20 (B) the reactor operator has provided as21 surances that, whenever an alternative nuclear 

22 reactor fuel, enriched in the isotope U–235 to 

23 less than 20 percent, can be used in that reac24 tor, it will use that alternative in lieu of highly 

25 enriched uranium; and 


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1 (C) the reactor operator has provided a 

2 current report on the status of its efforts to 

3 convert the reactor to an alternative nuclear re4 actor fuel enriched in the isotope U–235 to less 

5 than 20 percent, and an anticipated schedule 

6 for completion of conversion. 

7 (4) PUBLIC PARTICIPATION AND REVIEW.—The 

8 Secretary shall—

9 (A) develop a program plan and annually 

10 update the program plan through public work11 shops; and 

12 (B) use the Nuclear Science Advisory 

13 Committee to conduct annual reviews of the 

14 progress made in achieving the program goals 

15 and make recommendations to improve program 

16 effectiveness. 

17 (b) DEVELOPMENT ASSISTANCE.—The Secretary 

18 shall carry out a program to provide assistance for—

19 (1) the development of fuels, targets, and proc20 esses for domestic molybdenum-99 production that 

21 do not use highly enriched uranium; and 

22 (2) commercial operations using the fuels, tar23 gets, and processes described in paragraph (1). 

24 (c) URANIUM LEASE AND TAKE-BACK.—


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1 (1) IN GENERAL.—The Secretary shall establish 

2 a program to make low enriched uranium available, 

3 through lease contracts, for irradiation for the pro4 duction of molybdenum-99 for medical uses. 

5 (2) TITLE.—The lease contracts shall provide 

6 for the producers of the molybdenum-99 to take title 

7 to and be responsible for the molybdenum-99 created 

8 by the irradiation, processing, or purification of ura9 nium leased under this section. 

10 (3) DUTIES.—

11 (A) SECRETARY.—The lease contracts 

12 shall require the Secretary—

13 (i) to retain responsibility for the final 

14 disposition of spent nuclear fuel created by 

15 the irradiation, processing, or purification 

16 of uranium leased under this section for 

17 the production of medical isotopes; and 

18 (ii) to take title to and be responsible 

19 for the final disposition of radioactive 

20 waste created by the irradiation, proc21 essing, or purification of uranium leased 

22 under this section for which the Secretary 

23 determines the producer does not have ac24 cess to a disposal path. 


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1 (B) PRODUCER.—The producer of the 

2 spent nuclear fuel and radioactive waste shall 

3 accurately characterize, appropriately package, 

4 and transport the spent nuclear fuel and radio5 active waste prior to acceptance by the Depart6 ment. 

7 (4) COMPENSATION.—

8 (A) IN GENERAL.—Subject to subpara9 graph (B), the lease contracts shall provide for 

10 compensation in cash amounts equivalent to 

11 prevailing market rates for the sale of com12 parable uranium products and for compensation 

13 in cash amounts equivalent to the net present 

14 value of the cost to the Federal Government 

15 for—

16 (i) the final disposition of spent nu17 clear fuel and radioactive waste for which 

18 the Department is responsible under para19 graph (3); and 

20 (ii) other costs associated with car21 rying out the uranium lease and take-back 

22 program authorized by this subsection. 

23 (B) DISCOUNT RATE.—The discount rate 

24 used to determine the net present value of costs 

25 described in subparagraph (A)(ii) shall be not 


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1 greater than the average interest rate on mar2 ketable Treasury securities. 

3 (5) AUTHORIZED USE OF FUNDS.—Subject to 

4 the availability of appropriations, the Secretary may 

5 obligate and expend funds received under leases en6 tered into under this subsection, which shall remain 

7 available until expended, for the purpose of carrying 

8 out the activities authorized by this subtitle, includ9 ing activities related to the final disposition of spent 

10 nuclear fuel and radioactive waste for which the De11 partment is responsible under paragraph (3). 

12 (6) EXCHANGE OF URANIUM FOR SERVICES.—

13 The Secretary shall not barter or otherwise sell or 

14 transfer uranium in any form in exchange for—

15 (A) services related to the final disposition 

16 of the spent nuclear fuel and radioactive waste 

17 for which the Department is responsible under 

18 paragraph (3); or 

19 (B) any other services associated with car20 rying out the uranium lease and take-back pro21 gram authorized by this subsection. 

22 (d) COORDINATION OF ENVIRONMENTAL RE23 VIEWS.—The Department and the Nuclear Regulatory 

24 Commission shall ensure to the maximum extent prac25 ticable that environmental reviews for the production of 


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1 the medical isotopes shall complement and not duplicate 

2 each review. 

3 (e) OPERATIONAL DATE.—The Secretary shall estab4 lish a program as described in subsection (c)(3) not later 

5 than 3 years after the date of enactment of this Act. 

6 (f) RADIOACTIVE WASTE.—Notwithstanding section 

7 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

8 10101), radioactive material resulting from the production 

9 of medical isotopes that has been permanently removed 

10 from a reactor or subcritical assembly and for which there 

11 is no further use shall be considered low-level radioactive 

12 waste if the material is acceptable under Federal require13 ments for disposal as low-level radioactive waste. 

14 SEC. 3174. EXPORTS. 

15 Section 134 of the Atomic Energy Act of 1954 (42 

16 U.S.C. 2160d) is amended by striking subsection c. and 

17 inserting the following: 

18 ‘‘c. MEDICAL PRODUCTION LICENSE SUNSET.—Ef19 fective 7 years after the date of enactment of the Amer20 ican Medical Isotopes Production Act of 2012, the Com21 mission may not issue a license for the export of highly 

22 enriched uranium from the United States for the purposes 

23 of medical isotope production. 

24 ‘‘d. MEDICAL PRODUCTION LICENSE EXTENSION.—

25 The period referred to in subsection c. may be extended 


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1 for no more than 6 years if, no earlier than 6 years after 

2 the date of enactment of the American Medical Isotopes 

3 Production Act of 2012, the Secretary of Energy certifies 

4 to the Committee on Energy and Commerce of the House 

5 of Representatives and the Committee on Energy and 

6 Natural Resources of the Senate that—

7 ‘‘(1) there is insufficient global supply of molyb8 denum-99 produced without the use of highly en9 riched uranium available to satisfy the domestic 

10 United States market; and 

11 ‘‘(2) the export of United States-origin highly 

12 enriched uranium for the purposes of medical iso13 tope production is the most effective temporary 

14 means to increase the supply of molybdenum-99 to 

15 the domestic United States market. 

16 ‘‘e. PUBLIC NOTICE.—To ensure public review and 

17 comment, the development of the certification described 

18 in subsection d. shall be carried out through announce19 ment in the Federal Register. 

20 ‘‘f. JOINT CERTIFICATION.—

21 ‘‘(1) IN GENERAL.—In accordance with para22 graph (2), the ban on the export of highly enriched 

23 uranium for purposes of medical isotope production 

24 referred to in subsections c. and d. shall not go into 

25 effect unless the Secretary of Energy and the SecVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01482 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 retary of Health and Human Services have jointly 

2 certified that—

3 ‘‘(A) there is a sufficient supply of molyb4 denum-99 produced without the use of highly 

5 enriched uranium available to meet the needs of 

6 patients in the United States; and 

7 ‘‘(B) it is not necessary to export United 

8 States-origin highly enriched uranium for the 

9 purposes of medical isotope production in order 

10 to meet United States patient needs. 

11 ‘‘(2) TIME OF CERTIFICATION.—The joint cer12 tification under paragraph (1) shall be made not 

13 later than 7 years after the date of enactment of the 

14 American Medical Isotopes Production Act of 2012, 

15 except that, if the period referred to in subsection c. 

16 is extended under subsection d., the 7-year deadline 

17 under this paragraph shall be extended by a period 

18 equal to the period of such extension under sub19 section d. 

20 ‘‘g. SUSPENSION OF MEDICAL PRODUCTION LI21 CENSE.—At any time after the restriction of export li22 censes provided for in subsection c. becomes effective, if 

23 there is a critical shortage in the supply of molybdenum24 99 available to satisfy the domestic United States medical 


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1 isotope needs, the restriction of export licenses may be 

2 suspended for a period of no more than 12 months, if—

3 ‘‘(1) the Secretary of Energy certifies to the 

4 Congress that the export of United States-origin 

5 highly enriched uranium for the purposes of medical 

6 isotope production is the only effective temporary 

7 means to increase the supply of molybdenum-99 nec8 essary to meet United States medical isotope needs 

9 during that period; and 

10 ‘‘(2) the Congress enacts a Joint Resolution ap11 proving the temporary suspension of the restriction 

12 of export licenses. 

13 ‘‘h. DEFINITIONS.—As used in this section—

14 ‘‘(1) the term ‘alternative nuclear reactor fuel 

15 or target’ means a nuclear reactor fuel or target 

16 which is enriched to less than 20 percent in the iso17 tope U–235; 

18 ‘‘(2) the term ‘highly enriched uranium’ means 

19 uranium enriched to 20 percent or more in the iso20 tope U–235; 

21 ‘‘(3) a fuel or target ‘can be used’ in a nuclear 

22 research or test reactor if—

23 ‘‘(A) the fuel or target has been qualified 

24 by the Reduced Enrichment Research and Test 


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1 Reactor Program of the Department of Energy; 

2 and 

3 ‘‘(B) use of the fuel or target will permit 

4 the large majority of ongoing and planned ex5 periments and medical isotope production to be 

6 conducted in the reactor without a large per7 centage increase in the total cost of operating 

8 the reactor; and 

9 ‘‘(4) the term ‘medical isotope’ includes molyb10 denum-99, iodine-131, xenon-133, and other radio11 active materials used to produce a radiopharma12 ceutical for diagnostic or therapeutic procedures or 

13 for research and development.’’. 

14 SEC. 3175. REPORT ON DISPOSITION OF EXPORTS. 

15 Not later than 1 year after the date of the enactment 

16 of this Act, the Chairman of the Nuclear Regulatory Com17 mission, after consulting with other relevant agencies, 

18 shall submit to the Congress a report detailing the current 

19 disposition of previous United States exports of highly en20 riched uranium used as fuel or targets in a nuclear re21 search or test reactor, including—

22 (1) their location; 

23 (2) whether they are irradiated; 

24 (3) whether they have been used for the pur25 pose stated in their export license; 


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1 (4) whether they have been used for an alter2 native purpose and, if so, whether such alternative 

3 purpose has been explicitly approved by the Commis4 sion; 

5 (5) the year of export, and reimportation, if ap6 plicable; 

7 (6) their current physical and chemical forms; 

8 and 

9 (7) whether they are being stored in a manner 

10 which adequately protects against theft and unau11 thorized access. 

12 SEC. 3176. DOMESTIC MEDICAL ISOTOPE PRODUCTION. 

13 (a) IN GENERAL.—Chapter 10 of the Atomic Energy 

14 Act of 1954 (42 U.S.C. 2131 et seq.) is amended by add15 ing at the end the following: 

16 ‘‘SEC. 112. DOMESTIC MEDICAL ISOTOPE PRODUC17 TION.—

18 ‘‘a. The Commission may issue a license, or grant an 

19 amendment to an existing license, for the use in the 

20 United States of highly enriched uranium as a target for 

21 medical isotope production in a nuclear reactor, only if, 

22 in addition to any other requirement of this Act—

23 ‘‘(1) the Commission determines that—


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1 ‘‘(A) there is no alternative medical isotope 

2 production target that can be used in that reac3 tor; and 

4 ‘‘(B) the proposed recipient of the medical 

5 isotope production target has provided assur6 ances that, whenever an alternative medical iso7 tope production target can be used in that reac8 tor, it will use that alternative in lieu of highly 

9 enriched uranium; and 

10 ‘‘(2) the Secretary of Energy has certified that 

11 the United States Government is actively supporting 

12 the development of an alternative medical isotope 

13 production target that can be used in that reactor. 

14 ‘‘b. As used in this section—

15 ‘‘(1) the term ‘alternative medical isotope pro16 duction target’ means a nuclear reactor target which 

17 is enriched to less than 20 percent of the isotope U–

18 235; 

19 ‘‘(2) a target ‘can be used’ in a nuclear re20 search or test reactor if—

21 ‘‘(A) the target has been qualified by the 

22 Reduced Enrichment Research and Test Reac23 tor Program of the Department of Energy; and 

24 ‘‘(B) use of the target will permit the large 

25 majority of ongoing and planned experiments 


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1 and medical isotope production to be conducted 

2 in the reactor without a large percentage in3 crease in the total cost of operating the reactor; 

4 ‘‘(3) the term ‘highly enriched uranium’ means 

5 uranium enriched to 20 percent or more in the iso6 tope U–235; and 

7 ‘‘(4) the term ‘medical isotope’ includes molyb8 denum-99, iodine-131, xenon-133, and other radio9 active materials used to produce a radiopharma10 ceutical for diagnostic or therapeutic procedures or 

11 for research and development.’’. 

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

13 the Atomic Energy Act of 1954 is amended by inserting 

14 the following new item at the end of the items relating 

15 to chapter 10 of title I:

‘‘Sec. 112. Domestic medical isotope production.’’.

16 SEC. 3177. ANNUAL DEPARTMENT REPORTS. 

17 (a) IN GENERAL.—Not later than 1 year after the 

18 date of enactment of this Act, and annually thereafter for 

19 5 years, the Secretary shall report to Congress on Depart20 ment actions to support the production in the United 

21 States, without the use of highly enriched uranium, of mo22 lybdenum-99 for medical uses. 

23 (b) CONTENTS.—The reports shall include the fol24 lowing: 

25 (1) For medical isotope development projects—


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1 (A) the names of any recipients of Depart2 ment support under section 3173; 

3 (B) the amount of Department funding 

4 committed to each project; 

5 (C) the milestones expected to be reached 

6 for each project during the year for which sup7 port is provided; 

8 (D) how each project is expected to sup9 port the increased production of molybdenum10 99 for medical uses; 

11 (E) the findings of the evaluation of 

12 projects under section 3173(a)(2); and 

13 (F) the ultimate use of any Department 

14 funds used to support projects under section 

15 3173. 

16 (2) A description of actions taken in the pre17 vious year by the Secretary to ensure the safe dis18 position of spent nuclear fuel and radioactive waste 

19 for which the Department is responsible under sec20 tion 3173(c). 

21 SEC. 3178. NATIONAL ACADEMY OF SCIENCES REPORT. 

22 (a) IN GENERAL.—The Secretary shall enter into an 

23 arrangement with the National Academy of Sciences to 

24 conduct a study of the state of molybdenum-99 production 


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1 and utilization, to be provided to Congress not later than 

2 5 years after the date of enactment of this Act. 

3 (b) CONTENTS.—The report shall include the fol4 lowing: 

5 (1) For molybdenum-99 production—

6 (A) a list of all facilities in the world pro7 ducing molybdenum-99 for medical uses, includ8 ing an indication of whether these facilities use 

9 highly enriched uranium in any way; 

10 (B) a review of international production of 

11 molybdenum-99 over the previous 5 years, in12 cluding—

13 (i) whether any new production was 

14 brought online; 

15 (ii) whether any facilities halted pro16 duction unexpectedly; and 

17 (iii) whether any facilities used for 

18 production were decommissioned or other19 wise permanently removed from service; 

20 and 

21 (C) an assessment of progress made in the 

22 previous 5 years toward establishing domestic 

23 production of molybdenum-99 for medical uses, 

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1 denum-99, such as iodine-131 and xenon-133, 

2 are being used for medical purposes. 

3 (2) An assessment of the progress made by the 

4 Department and others to eliminate all worldwide 

5 use of highly enriched uranium in reactor fuel, reac6 tor targets, and medical isotope production facilities. 

7 TITLE XXXII—DEFENSE NU8 CLEAR FACILITIES SAFETY 

9 BOARD

Sec. 3201. Authorization. 

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

10 SEC. 3201. AUTHORIZATION. 

11 There are authorized to be appropriated for fiscal 

12 year 2013, $29,415,000 for the operation of the Defense 

13 Nuclear Facilities Safety Board under chapter 21 of the 

14 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

15 SEC. 3202. IMPROVEMENTS TO THE DEFENSE NUCLEAR FA16 CILITIES SAFETY BOARD. 

17 (a) ESTABLISHMENT.—Section 311 of the Atomic 

18 Energy Act of 1954 (42 U.S.C. 2286) is amended—

19 (1) in subsection (b), by striking paragraph (4); 

20 (2) in subsection (c)—

21 (A) in the heading, by striking ‘‘AND VICE

22 CHAIRMAN’’ and inserting ‘‘, VICE CHAIRMAN, 

23 AND MEMBERS’’; 


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1 (B) in paragraph (2), by striking ‘‘The 

2 Chairman’’ and inserting ‘‘In accordance with 

3 paragraph (5), the Chairman’’; and 

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

5 paragraph: 

6 ‘‘(5) Each member of the Board, including the Chair7 man and Vice Chairman, shall—

8 ‘‘(A) have equal responsibility and authority in 

9 establishing decisions and determining actions of the 

10 Board; 

11 ‘‘(B) have full access to all information relating 

12 to the performance of the Board’s functions, powers, 

13 and mission; and 

14 ‘‘(C) have one vote.’’. 

15 (b) MISSION AND FUNCTIONS.—

16 (1) IN GENERAL.—Section 312 of the Atomic 

17 Energy Act of 1954 (42 U.S.C. 2286a) is amend18 ed—

19 (A) in the heading, by inserting ‘‘MISSION

20 AND’’ before ‘‘FUNCTIONS’’; 

21 (B) by redesignating subsections (a) and 

22 (b) as subsections (b) and (c), respectively; 

23 (C) by inserting before subsection (b), as 

24 redesignated by subparagraph (B), the fol25 lowing new subsection (a): 


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1 ‘‘(a) MISSION.—The mission of the Board shall be 

2 to provide independent analysis, advice, and recommenda3 tions to the Secretary of Energy to inform the Secretary, 

4 in the role of the Secretary as operator and regulator of 

5 the defense nuclear facilities of the Department of Energy, 

6 in providing adequate protection of public health and safe7 ty at such defense nuclear facilities.’’; and 

8 (D) in subsection (b), as so redesignated—

9 (i) in the heading, by striking ‘‘IN

10 GENERAL’’ and inserting ‘‘FUNCTIONS’’; 

11 and 

12 (ii) in paragraph (5), by inserting ‘‘, 

13 and specifically assess risk (whenever suffi14 cient data exists),’’ after ‘‘shall consider’’. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents for the Atomic Energy Act of 1954 is amended 

17 by striking the item relating to section 312 and in18 serting the following new item:

‘‘Sec. 312. Mission and functions of the Board.’’.

19 (c) BOARD RECOMMENDATIONS.—

20 (1) IN GENERAL.—Section 315 of the Atomic 

21 Energy Act of 1954 (42 U.S.C. 2286d) is amend22 ed—

23 (A) by redesignating subsections (a) 

24 through (h) as subsections (b) through (i), re25 spectively; 


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1 (B) by inserting before subsection (b), as 

2 redesignated by subparagraph (A), the following 

3 new subsection: 

4 ‘‘(a) SUBMISSION OF RECOMMENDATIONS.—(1) Sub5 ject to subsections (h) and (i), not later than 30 days be6 fore the date on which the Board transmits a rec7 ommendation to the Secretary of Energy under section 

8 312, the Board shall transmit to the Secretary in writing 

9 a draft of such recommendation and any related findings, 

10 supporting data, and analyses to ensure the Secretary is 

11 adequately informed of a formal recommendation and to 

12 provide the Secretary an opportunity to provide input to 

13 the Board before such recommendation is finalized. 

14 ‘‘(2) The Secretary may provide to the Board com15 ments on a draft recommendation transmitted by the 

16 Board under paragraph (1) by not later than 30 days after 

17 the date on which the Secretary receives the draft rec18 ommendation. The Board may grant, upon request by the 

19 Secretary, additional time for the Secretary to transmit 

20 comments to the Board. 

21 ‘‘(3) After the period of time in which the Secretary 

22 may provide comments under paragraph (2) elapses, the 

23 Board may transmit a final recommendation to the Sec24 retary.’’; and 


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1 (C) by amending subsection (b), as so re2 designated, to read as follows: 

3 ‘‘(b) PUBLIC AVAILABILITY AND COMMENT.—Sub4 ject to subsections (h) and (i), after the Secretary of En5 ergy receives a recommendation from the Board under 

6 subsection (a)(3), the Board shall promptly make available 

7 to the public such recommendation and any related cor8 respondence from the Secretary by—

9 ‘‘(1) providing such recommendation and cor10 respondence to the public in the regional public 

11 reading rooms of the Department of Energy; and 

12 ‘‘(2) publishing in the Federal Register—

13 ‘‘(A) such recommendation and cor14 respondence; and 

15 ‘‘(B) a request for the submission to the 

16 Board of public comments on such rec17 ommendation that provides interested persons 

18 with 30 days after the date of the publication 

19 in which to submit comments, data, views, or 

20 arguments to the Board concerning the rec21 ommendation.’’. 

22 (2) TECHNICAL AND CONFORMING AMEND23 MENTS.—Such section 315 is further amended—

24 (A) in subsection (c), as redesignated by 

25 paragraph (1)(A)—


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1 (i) in paragraph (1), by striking ‘‘sub2 section (a)’’ and inserting ‘‘subsection 

3 (b)’’; and 

4 (ii) in paragraph (2), by striking 

5 ‘‘subsection (h)’’ and inserting ‘‘subsection 

6 (i)’’; 

7 (B) in subsection (d), as so redesignated, 

8 by striking ‘‘subsection (a) or (b)’’ and insert9 ing ‘‘subsection (b) or (c)’’; 

10 (C) in subsection (e), as so redesignated—

11 (i) by striking ‘‘subsection (b)(1)’’ and 

12 inserting ‘‘subsection (c)(1)’’; and 

13 (ii) by striking ‘‘subsection (h)’’ and 

14 inserting ‘‘subsection (i)’’; 

15 (D) in subsection (g), as so redesignated—

16 (i) in paragraph (1), as so redesig17 nated, by striking ‘‘subsection (e)’’ and in18 serting ‘‘subsection (f)’’; and 

19 (ii) in paragraph (2), by striking ‘‘, to 

20 the Committees on Armed Services and on 

21 Appropriations of the Senate, and to the 

22 Speaker of the House of Representatives’’ 

23 and inserting ‘‘and to such committees’’; 

24 (E) in subsection (h), as so redesignated—


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1 (i) in paragraph (1), as so redesig2 nated, by striking ‘‘through (d)’’ and in3 serting ‘‘through (e)’’; and 

4 (ii) in paragraph (3), by striking ‘‘and 

5 the Speaker’’; and 

6 (F) by striking ‘‘Committees on Armed 

7 Services and on Appropriations of the Senate 

8 and to the Speaker of the House of Representa9 tives’’ each place it appears and inserting 

10 ‘‘Committees on Armed Services, Appropria11 tions, and Energy and Commerce of the House 

12 of Representatives and the Committees on 

13 Armed Services, Appropriations, and Energy 

14 and Natural Resources of the Senate’’. 

15 (d) REPORTS.—Section 316 of the Atomic Energy 

16 Act of 1954 (42 U.S.C. 2286e) is amended by striking 

17 ‘‘Committees on Armed Services and on Appropriations of 

18 the Senate and to the Speaker of the House of Represent19 atives’’ each place it appears and inserting ‘‘Committees 

20 on Armed Services, Appropriations, and Energy and Com21 merce of the House of Representatives and the Commit22 tees on Armed Services, Appropriations, and Energy and 

23 Natural Resources of the Senate’’. 


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1 (e) INFORMATION TO CONGRESS.—Section 320 of the 

2 Atomic Energy Act of 1954 (42 U.S.C. 2286h–1) is 

3 amended—

4 (1) by striking ‘‘submitted to the Congress’’ 

5 and inserting ‘‘submitted to the Committees on 

6 Armed Services, Appropriations, and Energy and 

7 Commerce of the House of Representatives and the 

8 Committees on Armed Services, Appropriations, and 

9 Energy and Natural Resources of the Senate’’; and 

10 (2) by striking ‘‘the Congress.’’ and inserting 

11 ‘‘such committees.’’. 

12 (f) INSPECTOR GENERAL.—

13 (1) IN GENERAL.—Chapter 21 of the Atomic 

14 Energy Act of 1954 (42 U.S.C. 2286 et seq.) is 

15 amended by adding at the end the following new sec16 tion: 

17 ‘‘SEC. 322. INSPECTOR GENERAL. 

18 ‘‘(a) IN GENERAL.—Not later than October 1, 2013, 

19 the Board shall enter into an agreement with an agency 

20 of the Federal Government to procure the services of the 

21 Inspector General of such agency for the Board, in accord22 ance with the Inspector General Act of 1978 (5 U.S.C. 

23 App.). Such Inspector General shall have expertise relat24 ing to the mission of the Board. 


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1 ‘‘(b) BUDGET.—In the budget materials submitted to 

2 the President by the Board in connection with the submis3 sion to Congress, pursuant to section 1105 of title 31, 

4 United States Code, of the budget for each fiscal year, 

5 the Board shall ensure that a separate, dedicated procure6 ment line item is designated for the services of an Inspec7 tor General under subsection (a).’’. 

8 (2) CLERICAL AMENDMENT.—The table of con9 tents for the Atomic Energy Act of 1954 is amended 

10 by inserting after the item relating to section 321 

11 the following new item:

‘‘Sec. 322. Inspector General.’’.

12 (g) TECHNICAL AMENDMENT.—Section 313(j)(2) of 

13 the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is 

14 amended by striking ‘‘section’’ and all that follows through 

15 ‘‘implementation’’ and inserting ‘‘section 312(b)(1), the 

16 implementation’’. 

17 (h) SAFETY STANDARDS.—Nothing in this section or 

18 in the amendments made by this section shall be construed 

19 to cause a reduction in nuclear safety standards. 

20 TITLE XXXIV—NAVAL 

21 PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

22 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) AMOUNT.—There are hereby authorized to be ap24 propriated to the Secretary of Energy $14,909,000 for fisVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01499 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 cal year 2013 for the purpose of carrying out activities 

2 under chapter 641 of title 10, United States Code, relating 

3 to the naval petroleum reserves. 

4 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

5 pursuant to the authorization of appropriations in sub6 section (a) shall remain available until expended. 

7 TITLE XXXV—MARITIME 

8 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.

9 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NA10 TIONAL SECURITY ASPECTS OF THE MER11 CHANT MARINE FOR FISCAL YEAR 2013. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2013, to be available without fiscal year limita14 tion if so provided in appropriations Acts, for the use of 

15 the Department of Transportation for Maritime AdminisVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01500 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 tration programs associated with maintaining national se2 curity aspects of the merchant marine, as follows: 

3 (1) For expenses necessary for operations of the 

4 United States Merchant Marine Academy, 

5 $77,253,000, of which—

6 (A) $67,253,000 shall remain available 

7 until expended for Academy operations; and 

8 (B) $10,000,000 shall remain available 

9 until expended for capital asset management at 

10 the Academy. 

11 (2) For expenses necessary to support the State 

12 maritime academies, $16,045,000, of which—

13 (A) $2,400,000 shall remain available until 

14 expended for student incentive payments; 

15 (B) $2,545,000 shall remain available until 

16 expended for direct payments to such acad17 emies; and 

18 (C) $11,100,000 shall remain available 

19 until expended for maintenance and repair of 

20 State maritime academy training vessels. 

21 (3) For expenses necessary to dispose of vessels 

22 in the National Defense Reserve Fleet, $12,717,000, 

23 to remain available until expended. 

24 (4) For expenses to maintain and preserve a 

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1 tional security needs of the United States under 

2 chapter 531 of title 46, United States Code, 

3 $186,000,000. 

4 (5) For the cost (as defined in section 502(5) 

5 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

6 661a(5)) of loan guarantees under the program au7 thorized by chapter 537 of title 46, United States 

8 Code, $3,750,000, all of which shall remain available 

9 until expended for administrative expenses of the 

10 program. 

11 SEC. 3502. APPLICATION OF THE FEDERAL ACQUISITION 

12 REGULATION. 

13 Section 3502(b) of the Floyd D. Spence National De14 fense Authorization Act for Fiscal Year 2001, as enacted 

15 into law by Public Law 106–398 (114 Stat. 1654A–490), 

16 is amended by striking ‘‘the enactment of this Act’’ and 

17 inserting ‘‘contract award’’. 

18 SEC. 3503. LIMITATION OF NATIONAL DEFENSE RESERVE 

19 FLEET VESSELS TO THOSE OVER 1,500 GROSS 

20 TONS. 

21 Section 57101(a) of title 46, United States Code, is 

22 amended by inserting ‘‘of 1,500 gross tons or more or such 

23 other vessels as the Secretary of Transportation shall de24 termine are appropriate’’ after ‘‘Administration’’. 


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1 SEC. 3504. DONATION OF EXCESS FUEL TO MARITIME 

2 ACADEMIES. 

3 Section 51103(b) of title 46, United States Code, is 

4 amended by striking so much as precedes paragraph (2) 

5 and inserting the following: 

6 ‘‘(b) PROPERTY FOR INSTRUCTIONAL PURPOSES.—

7 ‘‘(1) IN GENERAL.—The Secretary of Transpor8 tation may cooperate with and assist the institutions 

9 named in paragraph (2) by making vessels, fuel, 

10 shipboard equipment, and other marine equipment, 

11 owned by the United States Government and deter12 mined by the entity having custody and control of 

13 such property to be excess or surplus, available to 

14 those institutions for instructional purposes, by gift, 

15 loan, sale, lease, or charter on terms and conditions 

16 the Secretary considers appropriate. The consent of 

17 the Secretary of the Navy shall be obtained with re18 spect to any property from National Defense Re19 serve Fleet vessels (50 U.S.C. App. 1744) where 

20 such vessels are either Ready Reserve Force vessels 

21 or other National Defense Reserve Fleet vessels de22 termined to be of sufficient value to the Navy to 

23 warrant their further preservation and retention.’’. 


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1 SEC. 3505. CLARIFICATION OF HEADING. 

2 (a) IN GENERAL.—The section designation and head3 ing for section 57103 of title 46, United States Code, is 

4 amended to read as follows: 

5 ‘‘§ 57103. Donation of nonretention vessels in the Na6 tional Defense Reserve Fleet’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for chap8 ter 571 of title 46, United States Code, is amended by 

9 striking the item relating to section 57103 and inserting 

10 the following:

‘‘57103. Donation of nonretention vessels in the National Defense Reserve 

Fleet.’’.

11 SEC. 3506. TRANSFER OF VESSELS TO THE NATIONAL DE12 FENSE RESERVE FLEET. 

13 Section 57101 of title 46, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(c) AUTHORITY OF FEDERAL ENTITIES TO TRANS16 FER VESSELS.—All Federal entities are authorized to 

17 transfer vessels to the National Defense Reserve Fleet 

18 without reimbursement subject to the approval of the Sec19 retary of Transportation and the Secretary of the Navy 

20 with respect to Ready Reserve Force vessels and the Sec21 retary of Transportation with respect to all other vessels.’’. 


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1 SEC. 3507. AMENDMENTS RELATING TO THE NATIONAL DE2 FENSE RESERVE FLEET. 

3 Subparagraphs (B), (C), and (D) of section 11(c)(1) 

4 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 

5 1744(c)(1)) are amended to read as follows: 

6 ‘‘(B) activate and conduct sea trials on 

7 each vessel at a frequency that is deemed nec8 essary; 

9 ‘‘(C) maintain and adequately crew, as 

10 necessary, in an enhanced readiness status 

11 those vessels that are scheduled to be activated 

12 in 5 or less days; 

13 ‘‘(D) locate those vessels that are sched14 uled to be activated near embarkation ports 

15 specified for those vessels; and’’. 

16 SEC. 3508. EXTENSION OF MARITIME SECURITY FLEET PRO17 GRAM. 

18 (a) DEFINITIONS.—Section 53101 of title 46, United 

19 States Code, is amended—

20 (1) by amending paragraph (4) to read as fol21 lows: 

22 ‘‘(4) FOREIGN COMMERCE.—The term ‘foreign 

23 commerce’ means—

24 ‘‘(A) commerce or trade between the 

25 United States, its territories or possessions, or 


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1 the District of Columbia, and a foreign country; 

2 and 

3 ‘‘(B) commerce or trade between foreign 

4 countries.’’; 

5 (2) by striking paragraph (5); 

6 (3) by redesignating paragraphs (6) through 

7 (13) as paragraphs (5) through (12), respectively; 

8 and 

9 (4) by amending paragraph (5), as so redesig10 nated, to read as follows: 

11 ‘‘(5) PARTICIPATING FLEET VESSEL.—The 

12 term ‘participating fleet vessel’ means any vessel 

13 that—

14 ‘‘(A) on October 1, 2015—

15 ‘‘(i) meets the requirements of para16 graph (1), (2), (3), or (4) of section 

17 53102(c); and 

18 ‘‘(ii) is less than 20 years of age if the 

19 vessel is a tank vessel, or is less than 25 

20 years of age for all other vessel types; and 

21 ‘‘(B) on December 31, 2014, is covered by 

22 an operating agreement under this chapter.’’. 

23 (b) VESSEL ELIGIBILITY.—Section 53102(b) of such 

24 title is amended to read as follows: 


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1 ‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be 

2 included in the Fleet if—

3 ‘‘(1) the vessel meets the requirements of para4 graph (1), (2), (3), or (4) of subsection (c); 

5 ‘‘(2) the vessel is operated (or in the case of a 

6 vessel to be constructed, will be operated) in pro7 viding transportation in foreign commerce; 

8 ‘‘(3) the vessel is self-propelled and—

9 ‘‘(A) is a tank vessel that is 10 years of 

10 age or less on the date the vessel is included in 

11 the Fleet; or 

12 ‘‘(B) is any other type of vessel that is 15 

13 years of age or less on the date the vessel is in14 cluded in the Fleet; 

15 ‘‘(4) the vessel—

16 ‘‘(A) is suitable for use by the United 

17 States for national defense or military purposes 

18 in time of war or national emergency, as deter19 mined by the Secretary of Defense; and 

20 ‘‘(B) is commercially viable, as determined 

21 by the Secretary; and 

22 ‘‘(5) the vessel—

23 ‘‘(A) is a United States-documented vessel; 

24 or 


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1 ‘‘(B) is not a United States-documented 

2 vessel, but—

3 ‘‘(i) the owner of the vessel has dem4 onstrated an intent to have the vessel doc5 umented under chapter 121 of this title if 

6 it is included in the Fleet; and 

7 ‘‘(ii) at the time an operating agree8 ment for the vessel is entered into under 

9 this chapter, the vessel is eligible for docu10 mentation under chapter 121 of this 

11 title.’’. 

12 (c) OPERATING AGREEMENTS.—Section 53103 of 

13 such title is amended—

14 (1) by amending subsection (b) to read as fol15 lows: 

16 ‘‘(b) EXTENSION OF EXISTING OPERATING AGREE17 MENTS.—

18 ‘‘(1) OFFER TO EXTEND.—Not later than 60 

19 days after the date of enactment of this paragraph, 

20 the Secretary shall offer, to an existing contractor, 

21 to extend, through September 30, 2025, an oper22 ating agreement that is in existence on the date of 

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1 clude terms and conditions authorized under this 

2 chapter, as amended from time to time. 

3 ‘‘(2) TIME LIMIT.—An existing contractor shall 

4 have not later than 120 days after the date the Sec5 retary offers to extend an operating agreement to 

6 agree to the extended operating agreement. 

7 ‘‘(3) SUBSEQUENT AWARD.—The Secretary 

8 may award an operating agreement to an applicant 

9 that is eligible to enter into an operating agreement 

10 for fiscal years 2016 through 2025 if the existing 

11 contractor does not agree to the extended operating 

12 agreement under paragraph (2).’’; and 

13 (2) by amending subsection (c) to read as fol14 lows: 

15 ‘‘(c) PROCEDURE FOR AWARDING NEW OPERATING

16 AGREEMENTS.—The Secretary may enter into a new oper17 ating agreement with an applicant that meets the require18 ments of section 53102(c) (for vessels that meet the quali19 fications of section 53102(b)) on the basis of priority for 

20 vessel type established by military requirements of the 

21 Secretary of Defense. The Secretary shall allow an appli22 cant at least 30 days to submit an application for a new 

23 operating agreement. After consideration of military re24 quirements, priority shall be given to an applicant that 

25 is a United States citizen under section 50501 of this title. 


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1 The Secretary may not approve an application without the 

2 consent of the Secretary of Defense. The Secretary shall 

3 enter into an operating agreement with the applicant or 

4 provide a written reason for denying the application.’’. 

5 (d) REPEAL OF EARLY TERMINATION BY CON6 TRACTOR.—Section 53104 of such title is amended—

7 (1) in subsection (c), by striking paragraph (3); 

8 and 

9 (2) in subsection (e), by striking ‘‘an operating 

10 agreement under this chapter is terminated under 

11 subsection (c)(3), or if’’. 

12 (e) TRANSFER OF OPERATING AGREEMENTS.—Sec13 tion 53105 of such title is amended—

14 (1) by amending subsection (e) to read as fol15 lows: 

16 ‘‘(e) TRANSFER OF OPERATING AGREEMENTS.—A 

17 contractor under an operating agreement may transfer the 

18 agreement (including all rights and obligations under the 

19 operating agreement) to any person that is eligible to 

20 enter into the operating agreement under this chapter if 

21 the Secretary and the Secretary of Defense determine that 

22 the transfer is in the best interests of the United States. 

23 A transaction shall not be considered a transfer of an op24 erating agreement if the same legal entity with the same 


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1 vessels remains the contracting party under the operating 

2 agreement.’’; and 

3 (2) by amending subsection (f) to read as fol4 lows: 

5 ‘‘(f) REPLACEMENT VESSELS.—A contractor may re6 place a vessel under an operating agreement with another 

7 vessel that is eligible to be included in the Fleet under 

8 section 53102(b), if the Secretary, in conjunction with the 

9 Secretary of Defense, approves the replacement of the ves10 sel.’’. 

11 (f) PAYMENTS.—Section 53106 of such title is 

12 amended—

13 (1) in subsection (a)(1), by striking ‘‘and’’ after 

14 the semicolon at the end of subparagraph (B), and 

15 by striking subparagraph (C) and inserting the fol16 lowing: 

17 ‘‘(C) $3,100,000 for each of fiscal years 

18 2012, 2013, 2014, 2015, 2016, 2017, and 

19 2018; 

20 ‘‘(D) $3,500,000 for each of fiscal years 

21 2019, 2020, and 2021; and 

22 ‘‘(E) $3,700,000 for each of fiscal years 

23 2022, 2023, 2024, and 2025.’’; 


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1 (2) in subsection (c)(3)(C), by striking ‘‘a 

2 LASH vessel.’’ and inserting ‘‘a lighter aboard ship 

3 vessel.’’; and 

4 (3) by striking subsection (f). 

5 (g) EMERGENCY PREPAREDNESS AGREEMENTS.—

6 Section 53107(b)(1) of such title is amended to read as 

7 follows: 

8 ‘‘(1) IN GENERAL.—An Emergency Prepared9 ness Agreement under this section shall require that 

10 a contractor for a vessel covered by an operating 

11 agreement under this chapter shall make commercial 

12 transportation resources (including services) avail13 able, upon request by the Secretary of Defense dur14 ing a time of war or national emergency, or when15 ever the Secretary of Defense determines that it is 

16 necessary for national security or contingency oper17 ation (as that term is defined in section 101 of title 

18 10, United States Code).’’. 

19 (h) REPEAL OF WAIVER OF AGE RESTRICTION.—

20 Section 53109 of such title is repealed. 

21 (i) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 53111 of such title is amended—

23 (1) by striking ‘‘and’’ at the end of paragraph 

24 (2); and 


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1 (2) by amending paragraph (3) to read as fol2 lows: 

3 ‘‘(3) $186,000,000 for each of fiscal years 

4 2012, 2013, 2014, 2015, 2016, 2017, and 2018; 

5 ‘‘(4) $210,000,000 for each of fiscal years 

6 2019, 2020, and 2021; and 

7 ‘‘(5) $222,000,000 for each fiscal year there8 after through fiscal year 2025.’’. 

9 (j) EFFECTIVE DATE OF AMENDMENTS.—The 

10 amendments made by—

11 (1) paragraphs (2), (3), and (4) of subsection 

12 (a) take effect on December 31, 2014; and 

13 (2) subsection (f)(2) take effect on December 

14 31, 2014. 

15 SEC. 3509. CONTAINER-ON-BARGE TRANSPORTATION. 

16 (a) ASSESSMENT.—The Maritime Administrator 

17 shall assess the potential for using container-on-barge 

18 transportation in short sea transportation (as such term 

19 is defined in section 55605 of title 46, United States 

20 Code). 

21 (b) FACTORS.—In conducting the assessment under 

22 subsection (a), the Administrator shall consider—

23 (1) the environmental benefits of increasing 

24 container-on-barge movements in short sea transpor25 tation; 


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1 (2) the regional differences in the use of short 

2 sea transportation; 

3 (3) the existing programs established at coastal 

4 and Great Lakes ports for establishing awareness of 

5 deep sea shipping operations; 

6 (4) the mechanisms necessary to ensure that 

7 implementation of a plan under subsection (c) will 

8 not be inconsistent with antitrust laws; and 

9 (5) the potential frequency of container-on10 barge service at short sea transportation ports. 

11 (c) RECOMMENDATIONS.—The assessment under 

12 subsection (a) may include recommendations for a plan 

13 to increase awareness of the potential for use of container14 on-barge transportation. 

15 (d) DEADLINE.—Not later than 180 days after the 

16 date of enactment of this title, the Administrator shall 

17 submit the assessment required under this section to the 

18 Committee on Commerce, Science, and Transportation of 

19 the Senate and the Committee on Transportation and In20 frastructure of the House of Representatives. 

21 SEC. 3510. SHORT SEA TRANSPORTATION. 

22 (a) PURPOSE.—Section 55601 of title 46, United 

23 States Code, is amended—


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1 (1) in subsection (a), by striking ‘‘landside con2 gestion.’’ and inserting ‘‘landside congestion or to 

3 promote short sea transportation.’’; 

4 (2) in subsection (c), by striking ‘‘coastal cor5 ridors’’ and inserting ‘‘coastal corridors or to pro6 mote short sea transportation’’; 

7 (3) in subsection (d), by striking ‘‘that the 

8 project may’’ and all that follows through the end of 

9 the subsection and inserting ‘‘that the project uses 

10 documented vessels and—

11 ‘‘(1) mitigates landside congestion; or 

12 ‘‘(2) promotes short sea transportation.’’; and 

13 (4) in subsection (f), by striking ‘‘shall’’ each 

14 place it appears and inserting ‘‘may’’. 

15 (b) DOCUMENTATION.—Section 55605 of title 46, 

16 United States Code, is amended in the matter preceding 

17 paragraph (1) by striking ‘‘by vessel’’ and inserting ‘‘by 

18 a documented vessel’’. 

19 SEC. 3511. MARITIME ENVIRONMENTAL AND TECHNICAL 

20 ASSISTANCE. 

21 (a) IN GENERAL.—Chapter 503 of title 46, United 

22 States Code, is amended by adding at the end the fol23 lowing: 


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1 ‘‘§ 50307. Maritime environmental and technical as2 sistance 

3 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

4 may engage in the environmental study, research, develop5 ment, assessment, and deployment of emerging marine 

6 technologies and practices related to the marine transpor7 tation system through the use of public vessels under the 

8 control of the Maritime Administration or private vessels 

9 under United States registry, and through partnerships 

10 and cooperative efforts with academic, public, private, and 

11 non-governmental entities and facilities. 

12 ‘‘(b) REQUIREMENTS.—The Secretary of Transpor13 tation may—

14 ‘‘(1) identify, study, evaluate, test, demonstrate, 

15 or improve emerging marine technologies and prac16 tices that are likely to achieve environmental im17 provements by—

18 ‘‘(A) reducing air emissions, water emis19 sions, or other ship discharges; 

20 ‘‘(B) increasing fuel economy or the use of 

21 alternative fuels and alternative energy (includ22 ing the use of shore power); or 

23 ‘‘(C) controlling aquatic invasive species; 

24 and 

25 ‘‘(2) coordinate with the Environmental Protec26 tion Agency, the United States Coast Guard, and 


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1 other Federal, State, local, or tribal agencies, as ap2 propriate. 

3 ‘‘(c) COORDINATION.—Coordination under subsection 

4 (b)(2) may include—

5 ‘‘(1) activities that are associated with the de6 velopment or approval of validation and testing re7 gimes; and 

8 ‘‘(2) certification or validation of emerging 

9 technologies or practices that demonstrate signifi10 cant environmental benefits. 

11 ‘‘(d) ASSISTANCE.—The Secretary of Transportation 

12 may accept gifts, or enter into cooperative agreements, 

13 contracts, or other agreements with academic, public, pri14 vate, and non-governmental entities to carry out the activi15 ties authorized under subsection (a).’’. 

16 (b) CONFORMING AMENDMENT.—The table of con17 tents for chapter 503 of title 46, United States Code, is 

18 amended by inserting after the item relating to section 

19 50306 the following:

‘‘50307. Maritime environmental and technical assistance.’’.

20 SEC. 3512. IDENTIFICATION OF ACTIONS TO ENABLE 

21 QUALIFIED UNITED STATES FLAG CAPACITY 

22 TO MEET NATIONAL DEFENSE REQUIRE23 MENTS. 

24 Section 501(b) of title 46, United States Code, is 

25 amended—


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1 (1) by striking ‘‘When the head’’ and inserting 

2 the following: 

3 ‘‘(1) IN GENERAL.—When the head’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(2) DETERMINATIONS.—The Maritime Admin6 istrator shall—

7 ‘‘(A) for each determination referred to in 

8 paragraph (1), identify any actions that could 

9 be taken to enable qualified United States flag 

10 capacity to meet national defense requirements; 

11 ‘‘(B) provide notice of each such deter12 mination to the Secretary of Transportation 

13 and the head of the agency referred to in para14 graph (1) for which the determination is made; 

15 and 

16 ‘‘(C) publish each such determination on 

17 the Internet Web site of the Department of 

18 Transportation not later than 48 hours after 

19 notice of the determination is provided to the 

20 Secretary of Transportation. 

21 ‘‘(3) NOTICE TO CONGRESS.—

22 ‘‘(A) IN GENERAL.—The head of an agen23 cy referred to in paragraph (1) shall notify the 

24 Committee on Transportation and Infrastruc25 ture and the Committee on Armed Services of 


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1 the House of Representatives and the Com2 mittee on Commerce, Science, and Transpor3 tation and the Committee on Armed Services of 

4 the Senate—

5 ‘‘(i) of any request for a waiver of the 

6 navigation or vessel-inspection laws under 

7 this section not later than 48 hours after 

8 receiving such a request; and 

9 ‘‘(ii) of the issuance of any such waiv10 er not later than 48 hours after such 

11 issuance. 

12 ‘‘(B) CONTENTS.—Such head of an agency 

13 shall include in each notification under subpara14 graph (A)(ii) an explanation of—

15 ‘‘(i) the reasons the waiver is nec16 essary; and 

17 ‘‘(ii) the reasons actions referred to in 

18 paragraph (2)(A) are not feasible.’’. 

19 SEC. 3513. MARITIME WORKFORCE STUDY. 

20 (a) TRAINING STUDY.—The Comptroller General of 

21 the United States shall conduct a study on the training 

22 needs of the maritime workforce. 

23 (b) STUDY COMPONENTS.—The study shall—

24 (1) analyze the impact of maritime training re25 quirements imposed by domestic and international 


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1 regulations and conventions, companies, and govern2 ment agencies that charter or operate vessels; 

3 (2) evaluate the ability of the United States 

4 maritime training infrastructure to meet the needs 

5 of the maritime industry; 

6 (3) identify trends in maritime training; 

7 (4) compare the training needs of United States 

8 mariners with the vocational training and edu9 cational assistance programs available from Federal 

10 agencies to evaluate the ability of Federal programs 

11 to meet the training needs of United States mari12 ners; 

13 (5) include recommendations to enhance the ca14 pabilities of the United States maritime training in15 frastructure; and 

16 (6) include recommendations to assist United 

17 States mariners and those entering the maritime 

18 profession to achieve the required training. 

19 (c) FINAL REPORT.—Not later than 1 year after the 

20 date of enactment of this title, the Comptroller General 

21 shall submit a report on the results of the study to the 

22 Committee on Commerce, Science, and Transportation 

23 and the Committee on Armed Services of the Senate and 

24 the Committee on Transportation and Infrastructure and 


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1 the Committee on Armed Services of the House of Rep2 resentatives. 

3 SEC. 3514. MARITIME ADMINISTRATION VESSEL RECY4 CLING CONTRACT AWARD PRACTICES. 

5 (a) IN GENERAL.—Not later than 12 months after 

6 the date of enactment of this title, the Comptroller Gen7 eral of the United States shall conduct an assessment of 

8 the source selection procedures and practices used to 

9 award the Maritime Administration’s National Defense 

10 Reserve Fleet vessel recycling contracts. The Comptroller 

11 General shall assess the process, procedures, and practices 

12 used for the Maritime Administration’s qualification of 

13 vessel recycling facilities. The Comptroller General shall 

14 report the findings to the Committee on Commerce, 

15 Science, and Transportation and the Committee on Armed 

16 Services of the Senate, and the Committee on Transpor17 tation and Infrastructure and the Committee on Armed 

18 Services of the House of Representatives. 

19 (b) ASSESSMENT.—The assessment under subsection 

20 (a) shall include a review of whether the Maritime Admin21 istration’s contract source selection procedures and prac22 tices are consistent with law, the Federal Acquisition Reg23 ulation (FAR), and Federal best practices associated with 

24 making source selection decisions. 


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1 (c) CONSIDERATIONS.—In making the assessment 

2 under subsection (a), the Comptroller General may con3 sider any other aspect of the Maritime Administration’s 

4 vessel recycling process that the Comptroller General 

5 deems appropriate to review. 

6 SEC. 3515. REQUIREMENT FOR BARGE DESIGN. 

7 Not later than 270 days after the date of enactment 

8 of this title, the Maritime Administrator shall complete the 

9 design for a containerized, articulated barge, as identified 

10 in the dual-use vessel study carried out by the Adminis11 trator and the Secretary of Defense, that is able to utilize 

12 roll-on/roll-off or load-on/load-off technology in marine 

13 highway maritime commerce. 

14 SEC. 3516. ELIGIBILITY TO RECEIVE SURPLUS TRAINING 

15 EQUIPMENT. 

16 Section 51103(b)(2)(C) of title 46, United States 

17 Code, is amended by inserting ‘‘or a training institution 

18 that is an instrumentality of a State, Territory, or Com19 monwealth of the United States or District of Columbia 

20 or a unit of local government thereof’’ after ‘‘a nonprofit 

21 training institution’’. 

22 SEC. 3517. COORDINATION WITH OTHER LAWS. 

23 (a) EARLIER ENACTMENT OF COAST GUARD AND

24 MARITIME TRANSPORTATION ACT OF 2012.—If the date 

25 of the enactment of the Coast Guard and Maritime TransVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01522 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 portation Act of 2012 (H.R. 2838, 112th Congress) is be2 fore the date of the enactment of this Act: 

3 (1) Sections 3501, 3503 through 3507, and 

4 3509 through 3516 of this Act, and any amend5 ments made by those sections, shall not go into ef6 fect. 

7 (2) Section 501(b)(3)(A) of title 46, United 

8 States Code (as added by section 301(2) of the 

9 Coast Guard and Maritime Transportation Act of 

10 2012), is amended by striking ‘‘the Committee on 

11 Transportation and Infrastructure of the House of 

12 Representatives and the Committee on Commerce, 

13 Science, and Transportation of the Senate’’ and in14 serting ‘‘the Committee on Transportation and In15 frastructure and the Committee on Armed Services 

16 of the House of Representatives and the Committee 

17 on Commerce, Science, and Transportation and the 

18 Committee on Armed Services of the Senate’’. 

19 (3) Section 414(c) of the Coast Guard and 

20 Maritime Transportation Act of 2012 is amended by 

21 striking ‘‘the Committee on Commerce, Science, and 

22 Transportation of the Senate and the Committee on 

23 Transportation and Infrastructure of the House of 

24 Representatives’’ and inserting ‘‘the Committee on 

25 Commerce, Science, and Transportation and the 


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1 Committee on Armed Services of the Senate and the 

2 Committee on Transportation and Infrastructure 

3 and the Committee on Armed Services of the House 

4 of Representatives’’. 

5 (b) LATER ENACTMENT OF COAST GUARD AND MAR6 ITIME TRANSPORTATION ACT OF 2012.—If the date of the 

7 enactment of the Coast Guard and Maritime Transpor8 tation Act of 2012 (H.R. 2838, 112th Congress) is after 

9 the date of the enactment of this Act, sections 301, 402 

10 through 408, 410 through 412, 414, and 415 of such Act, 

11 and any amendments made by those sections, shall not 

12 go into effect. 

13 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. 


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TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. Military construction. 

Sec. 4602. Military construction for overseas contingency operations. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Sec. 4701. Department of Energy National Security programs.

1 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA2 BLES. 

3 (a) IN GENERAL.—Whenever a funding table in this 

4 division specifies a dollar amount authorized for a project, 

5 program, or activity, the obligation and expenditure of the 

6 specified dollar amount for the project, program, or activ7 ity is hereby authorized, subject to the availability of ap8 propriations. 

9 (b) MERIT-BASED DECISIONS.—A decision to com10 mit, obligate, or expend funds with or to a specific entity 

11 on the basis of a dollar amount authorized pursuant to 

12 subsection (a) shall—

13 (1) be based on merit-based selection proce14 dures in accordance with the requirements of sec15 tions 2304(k) and 2374 of title 10, United States 

16 Code, or on competitive procedures; and 

17 (2) comply with other applicable provisions of 

18 law. 

19 (c) RELATIONSHIP TO TRANSFER AND PROGRAM20 MING AUTHORITY.—An amount specified in the funding 

21 tables in this division may be transferred or reproVerDate 0ct 09 2002 19:40 Dec 17, 2012 Jkt 000000 PO 00000 Frm 01525 Fmt 6652 Sfmt 6201 C:\DOCUME~1\ECBLOUNT\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H4310C~1.XML H

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1 grammed under a transfer or reprogramming authority 

2 provided by another provision of this Act or by other law. 

3 The transfer or reprogramming of an amount specified in 

4 such funding tables shall not count against a ceiling on 

5 such transfers or reprogrammings under section 1001 or 

6 section 1522 of this Act or any other provision of law, 

7 unless such transfer or reprogramming would move funds 

8 between appropriation accounts. 

9 (d) APPLICABILITY TO CLASSIFIED ANNEX.—This 

10 section applies to any classified annex that accompanies 

11 this Act. 

12 (e) ORAL AND WRITTEN COMMUNICATIONS.—No 

13 oral or written communication concerning any amount 

14 specified in the funding tables in this division shall super15 sede the requirements of this section. 

16 TITLE XLI—PROCUREMENT 

17 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


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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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

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


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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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 light-weight 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

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


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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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


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(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

101 TACTICAL OPERATIONS CENTERS .................................................................... 30,196 30,196

102 FIRE SUPPORT C2 FAMILY .................................................................................. 58,903 58,903

103 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM ............................... 8,111 8,111

104 FAAD C2 ..................................................................................................................... 5,031 5,031

105 AIR & MSL DEFENSE PLANNING & CONTROL SYS ........................................ 64,144 64,144

106 KNIGHT FAMILY ..................................................................................................... 11,999 11,999

107 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ...................................................... 1,853 1,853

108 AUTOMATIC IDENTIFICATION TECHNOLOGY ................................................ 14,377 14,377

111 NETWORK MANAGEMENT INITIALIZATION AND SERVICE ........................ 59,821 59,821

112 MANEUVER CONTROL SYSTEM (MCS) .............................................................. 51,228 51,228

113 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ............................................ 176,901 176,901

114 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ............................ 15,209 15,209

ELECT EQUIP—AUTOMATION

115 ARMY TRAINING MODERNIZATION ................................................................... 8,866 8,866

116 AUTOMATED DATA PROCESSING EQUIP ......................................................... 129,438 129,438

117 GENERAL FUND ENTERPRISE BUSINESS SYS FAM ..................................... 9,184 9,184

118 CSS COMMUNICATIONS ......................................................................................... 20,639 20,639

119 RESERVE COMPONENT AUTOMATION SYS (RCAS) ........................................ 35,493 35,493

ELECT EQUIP—AUDIO VISUAL SYS (A/V)

120 ITEMS LESS THAN $5 MILLION (A/V) ................................................................ 8,467 8,467

121 ITEMS LESS THAN $5 MILLION .......................................................................... 5,309 5,309

ELECT EQUIP—SUPPORT

122 PRODUCTION BASE SUPPORT (C-E) .................................................................. 586 586

CLASSIFIED PROGRAMS

124A CLASSIFIED PROGRAMS ....................................................................................... 3,435 3,435

CHEMICAL DEFENSIVE EQUIPMENT

126 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ............................................. 3,960 3,960

127 BASE DEFENSE SYSTEMS (BDS) ........................................................................ 4,374 4,374

128 CBRN SOLDIER PROTECTION ............................................................................. 9,259 9,259

BRIDGING EQUIPMENT

130 TACTICAL BRIDGING ............................................................................................. 35,499 35,499

131 TACTICAL BRIDGE, FLOAT-RIBBON .................................................................. 32,893 32,893

ENGINEER (NON-CONSTRUCTION) EQUIPMENT

134 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) ................................................. 29,106 29,106

135 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ......................... 25,459 25,459

136 REMOTE DEMOLITION SYSTEMS ....................................................................... 8,044 8,044

137 < $5M, COUNTERMINE EQUIPMENT ................................................................. 3,698 3,698

COMBAT SERVICE SUPPORT EQUIPMENT

138 HEATERS AND ECU’S ............................................................................................ 12,210 12,210

139 SOLDIER ENHANCEMENT .................................................................................... 6,522 6,522

140 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ..................................... 11,222 11,222

141 GROUND SOLDIER SYSTEM ................................................................................. 103,317 103,317

144 FIELD FEEDING EQUIPMENT ............................................................................. 27,417 27,417

145 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ........................ 52,065 52,065

146 MORTUARY AFFAIRS SYSTEMS .......................................................................... 2,358 2,358

147 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ............................. 31,573 31,573

148 ITEMS LESS THAN $5 MILLION .......................................................................... 14,093 14,093

PETROLEUM EQUIPMENT

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)


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(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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


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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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


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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

025 ASW RANGE SUPPORT ........................................................................................... 11,927 11,927

DESTINATION TRANSPORTATION

026 FIRST DESTINATION TRANSPORTATION ......................................................... 3,614 3,614

GUNS AND GUN MOUNTS

027 SMALL ARMS AND WEAPONS .............................................................................. 12,594 12,594

MODIFICATION OF GUNS AND GUN MOUNTS

028 CIWS MODS ............................................................................................................... 59,303 67,003

Buy additional ordnance alteration kits .............................................................. [7,700] 

029 COAST GUARD WEAPONS ..................................................................................... 19,072 19,072

030 GUN MOUNT MODS ................................................................................................. 54,706 54,706

031 CRUISER MODERNIZATION WEAPONS ............................................................. 1,591 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] 

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


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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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


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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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


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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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)


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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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] 


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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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


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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

FLARE, IR MJU–7B

006 CAD/PAD .................................................................................................................... 43,829 43,829

007 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ....................................................... 7,515 7,515

008 SPARES AND REPAIR PARTS ............................................................................... 1,003 1,003

009 MODIFICATIONS ...................................................................................................... 5,321 5,321

010 ITEMS LESS THAN $5 MILLION .......................................................................... 5,066 5,066

FUZES

011 FLARES ...................................................................................................................... 46,010 46,010

012 FUZES ........................................................................................................................ 36,444 36,444

SMALL ARMS

013 SMALL ARMS ............................................................................................................ 29,223 29,223

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ....... 599,194 599,194

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

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


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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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


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1541

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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


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SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

1 SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY 

2 OPERATIONS.

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

AIRCRAFT PROCUREMENT, ARMY

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 light-weight 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


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

043 C–130 SERIES ........................................................................................................... 16,737 16,737

048 SPECIAL PROJECT AIRCRAFT ............................................................................. 2,714 2,714

054 COMMON AVIONICS CHANGES ............................................................................ 570 570

AIRCRAFT SUPPORT EQUIP & FACILITIES

062 COMMON GROUND EQUIPMENT ......................................................................... 2,380 2,380

TOTAL AIRCRAFT PROCUREMENT, NAVY ................................. 164,582 164,582

WEAPONS PROCUREMENT, NAVY

TACTICAL MISSILES

009 HELLFIRE ................................................................................................................. 17,000 17,000

010 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ............................... 6,500 6,500

TOTAL WEAPONS PROCUREMENT, NAVY .................................. 23,500 23,500

PROCUREMENT OF AMMO, NAVY & MC

NAVY AMMUNITION

001 GENERAL PURPOSE BOMBS ................................................................................ 18,000 18,000

002 AIRBORNE ROCKETS, ALL TYPES ...................................................................... 80,200 80,200

003 MACHINE GUN AMMUNITION .............................................................................. 21,500 21,500

006 AIR EXPENDABLE COUNTERMEASURES ......................................................... 20,303 20,303

011 OTHER SHIP GUN AMMUNITION ........................................................................ 532 532

012 SMALL ARMS & LANDING PARTY AMMO .......................................................... 2,643 2,643

013 PYROTECHNIC AND DEMOLITION ..................................................................... 2,322 2,322

014 AMMUNITION LESS THAN $5 MILLION ............................................................ 6,308 6,308

MARINE CORPS AMMUNITION

015 SMALL ARMS AMMUNITION ................................................................................. 10,948 10,948

016 LINEAR CHARGES, ALL TYPES ........................................................................... 9,940 9,940

017 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


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

032 RADIO SYSTEMS ...................................................................................................... 36,482 36,482

033 COMM SWITCHING & CONTROL SYSTEMS ....................................................... 41,295 41,295

TACTICAL VEHICLES

039 MEDIUM TACTICAL VEHICLE REPLACEMENT ............................................... 10,466 10,466

041 FAMILY OF TACTICAL TRAILERS ...................................................................... 7,642 7,642

ENGINEER AND OTHER EQUIPMENT

045 BULK LIQUID EQUIPMENT .................................................................................. 18,239 18,239

046 TACTICAL FUEL SYSTEMS ................................................................................... 51,359 51,359

047 POWER EQUIPMENT ASSORTED ........................................................................ 20,247 20,247

049 EOD SYSTEMS .......................................................................................................... 362,658 362,658

MATERIALS HANDLING EQUIPMENT

050 PHYSICAL SECURITY EQUIPMENT .................................................................... 55,500 55,500

052 MATERIAL HANDLING EQUIP ............................................................................. 19,100 19,100

GENERAL PROPERTY

054 FIELD MEDICAL EQUIPMENT ............................................................................. 15,751 15,751

055 TRAINING DEVICES ................................................................................................ 3,602 3,602

057 FAMILY OF CONSTRUCTION EQUIPMENT ....................................................... 15,900 15,900

TOTAL PROCUREMENT, MARINE CORPS ................................... 943,683 943,683

AIRCRAFT PROCUREMENT, AIR FORCE

STRATEGIC AIRCRAFT

035 LARGE AIRCRAFT INFRARED COUNTERMEASURES .................................... 139,800 139,800

OTHER AIRCRAFT

055 U–2 MODS .................................................................................................................. 46,800 46,800

063 C–130 ........................................................................................................................... 11,400 11,400

067 COMPASS CALL MODS ........................................................................................... 14,000 14,000

068 RC–135 ........................................................................................................................ 8,000 8,000

075 HC/MC–130 MODIFICATIONS ................................................................................ 4,700 4,700

AIRCRAFT SPARES AND REPAIR PARTS

081 INITIAL SPARES/REPAIR PARTS ......................................................................... 21,900 21,900

OTHER PRODUCTION CHARGES

099 OTHER PRODUCTION CHARGES ......................................................................... 59,000 59,000

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

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


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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

1 TITLE XLII—RESEARCH, DEVEL2 OPMENT, TEST, AND EVALUA3 TION 

4 SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUA5 TION.

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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

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

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


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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

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

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] 


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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

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

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


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(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

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

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


December 17, 2012 (7:40 p.m.)

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1550

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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

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

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


December 17, 2012 (7:40 p.m.)

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1551

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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

097 0604261N ACOUSTIC SEARCH SENSORS ................................................................ 34,299 34,299

098 0604262N V–22A ............................................................................................................ 54,412 54,412

099 0604264N AIR CREW SYSTEMS DEVELOPMENT .................................................. 2,717 2,717

100 0604269N EA–18 ............................................................................................................ 13,009 13,009

101 0604270N ELECTRONIC WARFARE DEVELOPMENT .......................................... 51,304 51,304

102 0604273N VH–71A EXECUTIVE HELO DEVELOPMENT ..................................... 61,163 61,163

103 0604274N NEXT GENERATION JAMMER (NGJ) ................................................... 187,024 187,024

104 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ................. 337,480 337,480

105 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING ............ 260,616 510,616

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

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

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


December 17, 2012 (7:40 p.m.)

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1552

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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

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 SENSORS-SPACE 

(METOC).

810 810

212 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES .............. 8,617 8,617

213 0305204N TACTICAL UNMANNED AERIAL VEHICLES ....................................... 9,066 9,066

215 0305207N MANNED RECONNAISSANCE SYSTEMS .............................................. 30,654 30,654

216 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................. 25,917 25,917

217 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................. 14,676 14,676

218 0305220N RQ–4 UAV .................................................................................................... 657,483 657,483

219 0305231N MQ–8 UAV .................................................................................................... 99,600 99,600

220 0305232M RQ–11 UAV .................................................................................................. 495 495

221 0305233N RQ–7 UAV .................................................................................................... 863 863

223 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ................................... 9,734 9,734

225 0305239M RQ–21A ......................................................................................................... 22,343 22,343

226 0308601N MODELING AND SIMULATION SUPPORT ........................................... 5,908 5,908

227 0702207N DEPOT MAINTENANCE (NON-IF) .......................................................... 27,391 27,391

229 0708011N INDUSTRIAL PREPAREDNESS .............................................................. 54,879 54,879

230 0708730N MARITIME TECHNOLOGY (MARITECH) .............................................. 5,000 5,000

230A 9999999999 CLASSIFIED PROGRAMS ......................................................................... 1,151,159 1,351,159

Program increase ................................................................................... [200,000] 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT .. 3,975,546 4,157,546

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


December 17, 2012 (7:40 p.m.)

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1553

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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

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

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] 


December 17, 2012 (7:40 p.m.)

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1554

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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

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

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


December 17, 2012 (7:40 p.m.)

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1555

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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

140 0207247F AF TENCAP ................................................................................................. 63,853 63,853

141 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ............................... 1,063 1,063

142 0207253F COMPASS CALL .......................................................................................... 12,094 12,094

143 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...... 187,984 187,984

145 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ................. 7,950 7,950

146 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ........................................ 76,315 76,315

147 0207412F CONTROL AND REPORTING CENTER (CRC) ...................................... 8,653 8,653

148 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) ............... 65,200 65,200

149 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ....................................... 5,767 5,767

152 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ........................ 5,756 5,756

154 0207444F TACTICAL AIR CONTROL PARTY-MOD ................................................ 16,226 16,226

156 0207448F C2ISR TACTICAL DATA LINK ................................................................. 1,633 1,633

157 0207449F COMMAND AND CONTROL (C2) CONSTELLATION ........................... 18,086 18,086

158 0207452F DCAPES ........................................................................................................ 15,690 15,690

159 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM 

(JSTARS).

24,241 24,241

160 0207590F SEEK EAGLE .............................................................................................. 22,654 22,654

161 0207601F USAF MODELING AND SIMULATION ................................................... 15,501 15,501

162 0207605F WARGAMING AND SIMULATION CENTERS ........................................ 5,699 5,699

163 0207697F DISTRIBUTED TRAINING AND EXERCISES ....................................... 4,425 4,425

164 0208006F MISSION PLANNING SYSTEMS .............................................................. 69,377 69,377

165 0208021F INFORMATION WARFARE SUPPORT .................................................... 7,159 7,159

166 0208059F CYBER COMMAND ACTIVITIES ............................................................. 66,888 66,888

174 0301400F SPACE SUPERIORITY INTELLIGENCE ................................................ 12,056 12,056

175 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) ........ 4,159 4,159

176 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).20,124 20,124

177 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ............................... 69,133 69,133

178 0303141F GLOBAL COMBAT SUPPORT SYSTEM .................................................. 6,512 6,512

179 0303150F GLOBAL COMMAND AND CONTROL SYSTEM .................................... 4,316 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] 

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


December 17, 2012 (7:40 p.m.)

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1556

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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

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

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


December 17, 2012 (7:40 p.m.)

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1557

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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

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] 

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


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1558

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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

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

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

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


December 17, 2012 (7:40 p.m.)

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1559

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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

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

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


December 17, 2012 (7:40 p.m.)

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1560

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

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

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

1 SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION FOR OVERSEAS CONTINGENCY OPER3 ATIONS.

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

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


December 17, 2012 (7:40 p.m.)

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1561

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Program

Element Item FY 2013Request

Conference

Authorized

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

1 TITLE XLIII—OPERATION AND 

2 MAINTENANCE 

3 SEC. 4301. OPERATION AND MAINTENANCE.

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item FY 2013

Request

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


December 17, 2012 (7:40 p.m.)

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1562

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

370 LOGISTIC SUPPORT ACTIVITIES .................................................. 610,136 610,136

380 AMMUNITION MANAGEMENT ........................................................ 478,707 478,707

390 ADMINISTRATION ............................................................................. 556,307 556,307

400 SERVICEWIDE COMMUNICATIONS ............................................... 1,547,925 1,547,925

410 MANPOWER MANAGEMENT ........................................................... 362,205 338,205

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

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


December 17, 2012 (7:40 p.m.)

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1563

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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] 

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


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1564

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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


December 17, 2012 (7:40 p.m.)

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1565

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

Historical unobligated balances ..................................................... [–32,000] 

SUBTOTAL UNDISTRIBUTED ADJUSTMENTS ........ –32,000

TOTAL OPERATION & MAINTENANCE, AIR 

FORCE ................................................................................ 35,435,360 35,659,759

OPERATION & MAINTENANCE, DEFENSE-WIDE

OPERATING FORCES

010 JOINT CHIEFS OF STAFF ............................................................... 485,708 485,708

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

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


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1566

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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


December 17, 2012 (7:40 p.m.)

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1567

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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


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SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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

1 SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS 

2 CONTINGENCY OPERATIONS.

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item FY 2013

Request

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


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

OPERATION & MAINTENANCE, NAVY

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ................................... 937,098 937,098

030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ........... 1,000 1,000

040 AIR OPERATIONS AND SAFETY SUPPORT ........................................ 15,794 15,794

050 AIR SYSTEMS SUPPORT ......................................................................... 19,013 19,013

060 AIRCRAFT DEPOT MAINTENANCE ...................................................... 201,912 201,912

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ....................................... 3,000 3,000

080 AVIATION LOGISTICS .............................................................................. 44,150 44,150

090 MISSION AND OTHER SHIP OPERATIONS ......................................... 463,738 463,738

100 SHIP OPERATIONS SUPPORT & TRAINING ....................................... 24,774 24,774

110 SHIP DEPOT MAINTENANCE ................................................................ 1,310,010 1,310,010

130 COMBAT COMMUNICATIONS ................................................................. 42,965 42,965

160 WARFARE TACTICS ................................................................................. 25,970 25,970

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ................. 19,226 19,226

180 COMBAT SUPPORT FORCES .................................................................. 1,668,359 1,668,359

190 EQUIPMENT MAINTENANCE ................................................................ 7,954 7,954

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ..................................... 94,655 94,655

260 WEAPONS MAINTENANCE ..................................................................... 303,087 303,087

290 SUSTAINMENT, RESTORATION AND MODERNIZATION ................ 3,218 3,218

300 BASE OPERATING SUPPORT ................................................................. 143,442 143,442

SUBTOTAL OPERATING FORCES ......................................... 5,329,365 5,329,365

MOBILIZATION

340 EXPEDITIONARY HEALTH SERVICES SYSTEMS ............................. 31,395 31,395

360 COAST GUARD SUPPORT ........................................................................ 254,461 254,461

SUBTOTAL MOBILIZATION ..................................................... 285,856 285,856

TRAINING AND RECRUITING

400 SPECIALIZED SKILL TRAINING ........................................................... 50,903 50,903

SUBTOTAL TRAINING AND RECRUITING ........................ 50,903 50,903

ADMIN & SRVWD ACTIVITIES

480 ADMINISTRATION .................................................................................... 1,377 1,377

490 EXTERNAL RELATIONS ......................................................................... 487 487

510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ............ 6,022 6,022

520 OTHER PERSONNEL SUPPORT ............................................................ 3,514 3,514

550 SERVICEWIDE TRANSPORTATION ...................................................... 184,864 184,864

580 ACQUISITION AND PROGRAM MANAGEMENT .................................. 2,026 2,026

620 NAVAL INVESTIGATIVE SERVICE ........................................................ 1,425 1,425

710 CLASSIFIED PROGRAMS ......................................................................... 14,556 14,556

SUBTOTAL ADMIN & SRVWD ACTIVITIES ....................... 214,271 214,271

TOTAL OPERATION & MAINTENANCE, NAVY ............ 5,880,395 5,880,395

OPERATION & MAINTENANCE, MARINE CORPS

OPERATING FORCES

010 OPERATIONAL FORCES .......................................................................... 1,921,258 1,921,258

020 FIELD LOGISTICS .................................................................................... 1,094,028 1,094,028

030 DEPOT MAINTENANCE ........................................................................... 222,824 222,824

060 BASE OPERATING SUPPORT ................................................................. 88,690 88,690

SUBTOTAL OPERATING FORCES ......................................... 3,326,800 3,326,800

TRAINING AND RECRUITING

110 TRAINING SUPPORT ................................................................................ 215,212 215,212

SUBTOTAL TRAINING AND RECRUITING ........................ 215,212 215,212

ADMIN & SRVWD ACTIVITIES

150 SERVICEWIDE TRANSPORTATION ...................................................... 512,627 512,627

190 CLASSIFIED PROGRAMS ......................................................................... 11,701 11,701

SUBTOTAL ADMIN & SRVWD ACTIVITIES ....................... 524,328 524,328

TOTAL OPERATION & MAINTENANCE, MARINE 

CORPS ........................................................................................ 4,066,340 4,066,340

OPERATION & MAINTENANCE, AIR FORCE

OPERATING FORCES

010 PRIMARY COMBAT FORCES ................................................................... 1,494,144 1,494,144

020 COMBAT ENHANCEMENT FORCES ...................................................... 809,531 809,531


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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, DEFENSEWIDE ........................................................................................... 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


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

TOTAL OPERATION & MAINTENANCE, ARMY RES 154,537 154,537

OPERATION & MAINTENANCE, NAVY RES

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ................................... 24,834 24,834

020 INTERMEDIATE MAINTENANCE .......................................................... 300 300

040 AIRCRAFT DEPOT MAINTENANCE ...................................................... 13,364 13,364

060 MISSION AND OTHER SHIP OPERATIONS ......................................... 8,213 8,213

080 SHIP DEPOT MAINTENANCE ................................................................ 929 929

100 COMBAT SUPPORT FORCES .................................................................. 8,244 8,244

140 BASE OPERATING SUPPORT ................................................................. 40 40

SUBTOTAL OPERATING FORCES ......................................... 55,924 55,924

TOTAL OPERATION & MAINTENANCE, NAVY RES .. 55,924 55,924

OPERATION & MAINTENANCE, MC RESERVE

OPERATING FORCES

010 OPERATING FORCES ............................................................................... 22,657 22,657

040 BASE OPERATING SUPPORT ................................................................. 2,820 2,820

SUBTOTAL OPERATING FORCES ......................................... 25,477 25,477

TOTAL OPERATION & MAINTENANCE, MC RESERVE ........................................................................................ 25,477 25,477

OPERATION & MAINTENANCE, AF RESERVE

OPERATING FORCES

010 PRIMARY COMBAT FORCES ................................................................... 7,600 7,600

030 DEPOT MAINTENANCE ........................................................................... 106,768 106,768

050 BASE SUPPORT ......................................................................................... 6,250 6,250

SUBTOTAL OPERATING FORCES ......................................... 120,618 120,618

TOTAL OPERATION & MAINTENANCE, AF RESERVE ........................................................................................ 120,618 120,618

OPERATION & MAINTENANCE, ARNG

OPERATING FORCES

010 MANEUVER UNITS ................................................................................... 38,485 38,485

020 MODULAR SUPPORT BRIGADES .......................................................... 1,959 1,959

030 ECHELONS ABOVE BRIGADE ................................................................ 20,076 20,076

040 THEATER LEVEL ASSETS ..................................................................... 2,028 2,028

060 AVIATION ASSETS .................................................................................... 183,811 183,811

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


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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Line Item FY 2013

Request

Conference

Authorized

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

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

1 TITLE XLIV—MILITARY 

2 PERSONNEL 

3 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] 

4 SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTIN5 GENCY OPERATIONS.

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Item FY 2013

Request

Conference

Authorized

MILITARY PERSONNEL .................................................................................. 14,060,094 14,055,094

Navy identified excess to requirement ................................................. [–5,000] 


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1 TITLE XLV—OTHER 

2 AUTHORIZATIONS 

3 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

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, DEFENSE-WIDE ......... 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


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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

1 SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CON2 TINGENCY OPERATIONS.

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

(In Thousands of Dollars)

Program Title FY 2013

Request

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

3 TITLE XLVI—MILITARY 

4 CONSTRUCTION 

5 SEC. 4601. MILITARY CONSTRUCTION.

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account State/Country and 

Installation Project Title FY 2013Request

Conference

Authorized

Alaska 

Army Fort Wainwright Modified Record Fire Range .................................... 10,400 10,400


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SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account State/Country and 

Installation Project Title FY 2013Request

Conference

Authorized

Army Joint Base ElmendorfRichardson Modified Record Fire Range .................................... 7,900 7,900

California 

Army Concord Engineering/Housing Maintenance Shop ................. 3,100 3,100

Army Concord Lightning Protection System .................................... 5,800 5,800

Colorado 

Army Fort Carson Central Energy Plant ............................................... 0 0

Army Fort Carson 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 McguireDix-Lakehurst Flight Equipment Complex ...................................... 47,000 47,000

Army Picatinny Arsenal Ballistic Evaluation Center ....................................... 10,200 10,200

New York 

Army Fort Drum, New York Aircraft Maintenance Hangar .................................. 95,000 95,000

Army U.S. Military Academy Cadet Barracks, 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


December 17, 2012 (7:40 p.m.)

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1576

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account State/Country and 

Installation Project Title FY 2013Request

Conference

Authorized

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 

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


December 17, 2012 (7:40 p.m.)

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1577

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account State/Country and 

Installation Project Title FY 2013Request

Conference

Authorized

Navy Oceana Naval Air Station A School Barracks .................................................... 39,086 39,086

Navy Portsmouth Drydock 8 Electrical Distribution Upgrade ............. 32,706 32,706

Navy Quantico Infrastruture—Widen Russell Road ......................... 14,826 14,826

Navy Quantico The Basic School Student Quarters—Phase 7 ........ 31,012 31,012

Navy Quantico Weapons Training Battalion Mess Hall ................... 12,876 12,876

Navy Yorktown Armory ...................................................................... 4,259 4,259

Navy Yorktown Bachelor Enlisted Quarters ...................................... 18,422 18,422

Navy Yorktown Motor Transportation Facility .................................. 6,188 6,188

Navy Yorktown Regimental Headquarters ......................................... 11,015 11,015

Navy Yorktown Supply Warehouse Facility ....................................... 8,939 8,939

Washington 

Navy Kitsap Explosives Handling Wharf #2 (Inc) ....................... 280,041 254,241

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

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


December 17, 2012 (7:40 p.m.)

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1578

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account State/Country and 

Installation Project Title FY 2013Request

Conference

Authorized

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

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


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1579

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account State/Country and 

Installation Project Title FY 2013Request

Conference

Authorized

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 

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

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


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1580

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account State/Country and 

Installation Project Title FY 2013Request

Conference

Authorized

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 

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


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1581

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account State/Country and 

Installation Project Title FY 2013Request

Conference

Authorized

Army NG Camp Williams Regional Training Institute Ph2 .............................. 21,000 21,000

Vermont 

Army NG North Hyde Park Field Maintenance Shop ........................................... 0 0

Washington 

Army NG Fort Lewis Readiness Center ...................................................... 35,000 35,000

West Virginia 

Army NG Logan Readiness Center ...................................................... 14,200 14,200

Wisconsin 

Army NG Wausau Field Maintenance Shop ........................................... 10,000 10,000

Worldwide Unspecified 

Army NG Unspecified Worldwide 

Locations 

Planning and Design ................................................ 26,622 26,622

Army NG Unspecified Worldwide 

Locations 

Unspecified Minor Construction ............................... 15,057 15,057

Total Military Construction, Army National Guard ................................................ 613,799 613,799

California 

Army Res Fort Hunter Liggett Access Control Point ................................................ 0 0

Army Res Fort Hunter Liggett Ortc ........................................................................... 64,000 64,000

Army Res Fort Hunter Liggett Uph Barracks ........................................................... 4,300 4,300

Army Res Tustin Army Reserve Center ................................................ 27,000 27,000

Illinois 

Army Res Fort Sheridan Army Reserve Center ................................................ 28,000 28,000

Maryland 

Army Res Aberdeen Proving 

Ground 

Army Reserve Center ................................................ 21,000 21,000

Army Res Baltimore Add/Alt Army Reserve Center .................................. 10,000 10,000

Massachusetts 

Army Res Devens Reserve Forces 

Training Area 

Automatic Record Fire Range .................................. 4,800 4,800

Army Res Devens Reserve Forces 

Training Area 

Combat Pistol/MP Firearms Qualification ............... 3,700 3,700

Nevada 

Army Res Las Vegas Army Reserve Center/AMSA .................................... 21,000 21,000

New Jersey 

Army Res Joint Base McguireDix-Lakehurst Automated Infantry Squad Battle Course ............... 7,400 7,400

Pennsylvania 

Army Res Conneaut Lake Defense Access Road ................................................ 0 0

Washington 

Army Res Joint Base LewisMcchord Army Reserve Center ................................................ 40,000 40,000

Wisconsin 

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 


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SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account State/Country and 

Installation Project Title FY 2013Request

Conference

Authorized

Air NG Kirtland AFB Alter Target Intelligence Facility ............................. 8,500 8,500

Tennessee 

Air NG Mcghee-Tyson Airport Dormitory Classroom Facility .................................. 0 0

Worldwide Unspecified 

Air NG Various Worldwide Locations Planning and Design ................................................ 4,000 4,000

Air NG Various Worldwide Locations Unspecified Minor Construction ............................... 5,900 5,900

Wyoming 

Air NG Cheyenne Map C–130 Flight Simulator Training Facility ............... 6,486 6,486

Total Military Construction, Air National Guard ..................................................... 42,386 42,386

California 

AF Res March Air Reserve 

Base 

Joint Regional Deployment Processing Center ........ 0 0

New York 

AF Res Niagara Falls IAP Flight Simulator Facility .......................................... 6,100 6,100

Worldwide Unspecified 

AF Res Various Worldwide Locations Planning and Design ................................................ 2,879 2,879

AF Res Various Worldwide Locations Unspecified Minor Constrution ................................. 2,000 2,000

Total Military Construction, Air Force Reserve ........................................................ 10,979 10,979

Worldwide Unspecified 

FH Con Army Unspecified Worldwide 

Locations 

Family Housing P&d ................................................ 4,641 4,641

Total Family Housing Construction, Army ................................................................. 4,641 4,641

Worldwide Unspecified 

FH Ops Army Unspecified Worldwide 

Locations 

Furnishings Account ................................................. 31,785 31,785

FH Ops Army Unspecified Worldwide 

Locations 

Leasing ..................................................................... 203,533 203,533

FH Ops Army Unspecified Worldwide 

Locations 

Maintenance of Real Property .................................. 109,534 109,534

FH Ops Army Unspecified Worldwide 

Locations 

Management Account ............................................... 56,970 56,970

FH Ops Army Unspecified Worldwide 

Locations 

Miscellaneous Account .............................................. 620 620

FH Ops Army Unspecified Worldwide 

Locations 

Privatization Support Costs ..................................... 26,010 26,010

FH Ops Army Unspecified Worldwide 

Locations 

Services Account ....................................................... 13,487 13,487

FH Ops Army Unspecified Worldwide 

Locations 

Utilities Account ....................................................... 88,112 88,112

Total Family Housing Operation 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

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


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SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account State/Country and 

Installation Project Title FY 2013Request

Conference

Authorized

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

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

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


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SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account State/Country and 

Installation Project Title FY 2013Request

Conference

Authorized

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

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


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1 SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CON2 TINGENCY 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

Total Military Construction, OCO Funding .................................................................. 0 –51,348

3 TITLE XLVII—DEPARTMENT OF 

4 ENERGY NATIONAL SECURITY 

5 PROGRAMS 

6 SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY 

7 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


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program FY 2013

Request

Conference

Authorized

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

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


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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

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


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program FY 2013

Request

Conference

Authorized

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

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


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program FY 2013

Request

Conference

Authorized

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

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


December 17, 2012 (7:40 p.m.)

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1590

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program FY 2013

Request

Conference

Authorized

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

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

And the Senate agree to the same.


December 17, 2012 (7:40 p.m.)

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