112TH CONGRESS 

2D SESSION S. 3254 

AN ACT 

To authorize appropriations for fiscal year 2013 for military 

activities of the Department of Defense, for military 

construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths 

for such fiscal year, and for other purposes. 
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

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

7 CONTENTS. 

8 (a) DIVISIONS.—This Act is organized into seven di9 visions as follows: 

10 (1) Division A–Department of Defense Author11 izations. 

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

14 (3) Division C–Department of Energy National 

15 Security Authorizations and Other Authorizations. 

16 (4) Division D–Funding Tables. 

17 (5) Division E–Housing Assistance for Vet18 erans. 

19 (6) Division F–Stolen Valor Act. 

20 (7) Division G–Miscellaneous. 

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

22 this Act is as follows: 

Sec. 1. Short title. 

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

Sec. 3. Congressional defense committees. 

Sec. 4. Scoring of budgetary effects. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 
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Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

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

Subtitle C—Navy Programs 

Sec. 121. Refueling and complex overhaul of the U.S.S. Abraham Lincoln. 

Sec. 122. Ford class aircraft carriers. 

Sec. 123. Limitation on availability of amounts for second Ford class aircraft 

carrier. 

Sec. 124. Multiyear procurement authority for Virginia class submarine program. 

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

and associated systems. 

Sec. 126. 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. 127. Designation of mission modules of the Littoral Combat Ship as a 

major defense acquisition program. 

Sec. 128. Transfer of certain fiscal year 2012 Procurement of Ammunition, 

Navy and Marine Corps funds. 

Sec. 129. Transfer of certain fiscal year 2012 Procurement, Marine Corps 

funds for procurement of weapons and combat vehicles. 

Sec. 130. Sense of Congress on Marine Corps amphibious lift and presence requirements. 

Sec. 131. Sense of Senate on Department of Navy fiscal year 2014 budget request for tactical aviation aircraft. 

Sec. 132. SPIDERNet/Spectral Warrior Hardware. 

Subtitle D—Air Force Programs 

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

Sec. 142. Treatment of certain programs for the F–22A Raptor aircraft as 

major defense acquisition programs. 

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

Sec. 144. Procurement of space-based infrared system satellites. 

Sec. 145. Transfer of certain fiscal year 2011 and 2012 funds for Aircraft Procurement for the Air Force. 

Subtitle E—Joint and Multiservice Matters 

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

Sec. 152. Limitation on availability of funds for full-rate production of 

Handheld, Manpack, and Small Form/Fit radios under the 

Joint Tactical Radio System program. 

Sec. 153. Shallow Water Combat Submersible program. 

Sec. 154. AC–130 aircraft electro-optical and infrared sensors. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 
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Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Next Generation Foundry for the Defense Microelectronics Activity. 

Sec. 212. Advanced rotorcraft initiative. 

Sec. 213. Transfer of certain fiscal year 2012 Navy research, development, test, 

and evaluation funds. 

Sec. 214. Authority for Department of Defense laboratories to enter into education partnerships with educational institutions in United 

States territories and possessions. 

Sec. 215. Transfer of certain fiscal year 2012 Air Force research, development, 

test, and evaluation funds. 

Sec. 216. Relocation of C–band radar from Antigua to H.E. Holt Station in 

Western Australia to enhance space situational awareness capabilities. 

Sec. 217. Detailed Digital Radio Frequency Modulation Countermeasures Studies and Simulations. 

Subtitle C—Missile Defense Matters 

Sec. 231. Homeland ballistic missile defense. 

Sec. 232. Regional ballistic missile defense. 

Sec. 233. Missile defense cooperation with Russia. 

Sec. 234. Next generation Exo-atmospheric Kill Vehicle. 

Sec. 235. Modernization of the Patriot air and missile defense system. 

Sec. 236. Medium Extended Air Defense System. 

Sec. 237. Availability of funds for Iron Dome short-range rocket defense program. 

Sec. 238. Readiness and flexibility of intercontinental ballistic missile force. 

Sec. 239. 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. 251. Mission Packages for the Littoral Combat Ship. 

Sec. 252. Comptroller General of the United States annual reports on the acquisition program for the Amphibious Combat Vehicle. 

Sec. 253. Conditional requirement for report on amphibious assault vehicles for 

the Marine Corps. 

Subtitle E—Other Matters 

Sec. 271. Transfer of administration of Ocean Research and Resources Advisory Panel from Department of the Navy to National Oceanic 

and Atmospheric Administration. 

Sec. 272. Sense of Senate on increasing the cost-effectiveness of training exercises for members of the Armed Forces. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Energy and Environmental Provisions 

Sec. 311. Department of Defense guidance on environmental exposures at military installations. 
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Sec. 312. Funding of agreements under the Sikes Act. 

Sec. 313. Report on property disposals and additional authorities to assist local 

communities around closed military installations. 

Subtitle C—Logistics and Sustainment 

Sec. 321. Repeal of certain provisions relating to depot-level maintenance. 

Sec. 322. Expansion and reauthorization of multi-trades demonstration project. 

Sec. 323. Rating chains for system program managers. 

Subtitle D—Reports 

Sec. 331. Annual report on Department of Defense long-term corrosion strategy. 

Sec. 332. Modified deadline for Comptroller General review of annual report on 

prepositioned materiel and equipment. 

Subtitle E—Other Matters 

Sec. 341. Savings to be achieved in civilian workforce and contractor employee 

workforce of the Department of Defense. 

Sec. 342. NATO Special Operations Headquarters. 

Sec. 343. Repeal of redundant authority to ensure interoperability of law enforcement and emergency responder training. 

Sec. 344. Sense of the Congress on Navy Fleet requirements. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. 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 Policy 

Sec. 501. Extension of relaxation of limitation on selective early discharges. 

Sec. 502. Exception to 30-year retirement for regular Navy warrant officers in 

the grade of chief warrant officer, W–5. 

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

Sec. 504. Sense of Senate on inclusion of assignments as academic instructor 

at the military service academies as joint duty assignments. 
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Subtitle B—Reserve Component Management 

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

Sec. 512. Reserve component suicide prevention and resilience program. 

Sec. 513. Report on mechanisms to ease the reintegration into civilian life of 

members of the National Guard and the Reserves following a 

deployment on active duty. 

Subtitle C—General Service Authorities 

Sec. 521. Diversity in the Armed Forces and related reporting requirements. 

Sec. 522. Modification of authority to conduct programs on career flexibility to 

enhance retention of members of the Armed Forces. 

Sec. 523. Authority for additional behavioral health professionals to conduct 

pre-separation medical examinations for post-traumatic stress 

disorder. 

Sec. 524. Quarterly reports on involuntary separation of members of the Armed 

Forces. 

Sec. 525. Review of eligibility of victims of domestic terrorism for award of the 

Purple Heart and the Defense Medal of Freedom. 

Sec. 526. Extension of temporary increase in accumulated leave carryover for 

members of the Armed Forces. 

Sec. 527. Prohibition on waiver for commissioning or enlistment in the Armed 

Forces for any individual convicted of a felony sexual offense. 

Sec. 528. Research study on resilience in members of the Army. 

Subtitle D—Military Justice and Legal Matters Generally 

Sec. 531. Clarification and enhancement of the role of the 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. 

Subtitle E—Sexual Assault, Hazing, and Related Matters 

Sec. 541. Authority to retain or recall to active duty reserve component members who are victims of sexual assault while on active duty. 

Sec. 542. Additional elements in comprehensive Department of Defense policy 

on sexual assault prevention and response. 

Sec. 543. Hazing in the Armed Forces. 

Sec. 544. Retention of certain forms in connection with Restricted Reports on 

sexual assault involving members of the Armed Forces. 

Sec. 545. Prevention and response to sexual harassment in the Armed Forces. 

Sec. 546. Enhancement of annual reports regarding sexual assaults involving 

members of the Armed Forces. 

Subtitle F—Education and Training 

Sec. 551. Inclusion of the School of Advanced Military Studies Senior Level 

Course as a senior level service school. 

Sec. 552. Modification of eligibility for associate degree programs under the 

Community College of the Air Force. 

Sec. 553. Support of Naval Academy athletic programs. 

Sec. 554. Grade of commissioned officers in uniformed medical accession programs. 
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Sec. 555. Authority for service commitment for Reservists who accept fellowships, scholarships, or grants to be performed in the Selected 

Reserve. 

Sec. 556. Repeal of requirement for eligibility for in-State tuition of at least 50 

percent of participants in Senior Reserve Officers’ Training 

Corps program. 

Sec. 557. Modification of requirements on plan to increase the number of units 

of the Junior Reserve Officers’ Training Corps. 

Sec. 558. Consolidation of military department authority to issue arms, tentage, 

and equipment to educational institutions not maintaining 

units of the Junior ROTC. 

Sec. 559. 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. 560. Comptroller General of the United States report on the Reserve Officers’ Training Corps. 

Sec. 561. Report on Department of Defense efforts to standardize educational 

transcripts issued to separating members of the Armed Forces. 

Sec. 562. Comptroller General of the United States reports on joint professional military education matters. 

Sec. 563. Troops-to-Teachers program enhancements. 

Subtitle G—Defense Dependents’ Education and Military Family Readiness 

Matters 

Sec. 571. Impact aid for children with severe disabilities. 

Sec. 572. Continuation of authority to assist local educational agencies that 

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

Sec. 573. Amendments to the Impact Aid program. 

Sec. 574. Military spouses. 

Sec. 575. Modification of authority to allow Department of Defense domestic 

dependent elementary and secondary schools to enroll certain 

students. 

Sec. 576. Sense of Congress regarding support for Yellow Ribbon Day. 

Sec. 577. Report on future of family support programs of the Department of 

Defense. 

Subtitle H—Other Matters 

Sec. 581. Family briefings concerning accountings for members of the Armed 

Forces and Department of Defense civilian employees listed as 

missing. 

Sec. 582. Enhancement of authority to accept gifts and services. 

Sec. 583. Clarification of authorized Fisher House residents at the Fisher 

House for the Families of the Fallen and Meditation Pavilion 

at Dover Air Force Base, Delaware. 

Sec. 584. Report on accuracy of data in the Defense Enrollment Eligibility Reporting System. 

Sec. 585. Posthumous honorary promotion of Sergeant Paschal Conley to second lieutenant in the Army. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 
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Sec. 601. Rates of basic allowance for housing for Army National Guard and 

Air National Guard members on full-time National Guard 

duty. 

Sec. 602. Payment of benefit for nonparticipation of eligible members in PostDeployment/Mobilization Respite Absence program due to Government error. 

Sec. 603. Extension of authority to provide temporary increase in rates of basic 

allowance for housing under certain circumstances. 

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 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. 631. Permanent change of station allowances for members of Selected Reserve units filling a vacancy in another unit after being involuntarily separated. 

Sec. 632. Authority for comprehensive program for space-available travel on 

Department of Defense aircraft. 

Subtitle D—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 

termination of payment of Survivor Benefit Plan annuity. 

Sec. 642. Repeal of automatic enrollment in Family Servicemembers’ Group 

Life Insurance for members of the Armed Forces married to 

other members. 

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

for chapter 61 disability retirees. 

Subtitle E—Military Lending Matters 

Sec. 651. Enhancement of protections on consumer credit for members of the 

Armed Forces and their dependents. 

Sec. 652. Additional enhancements of protections on consumer credit for members of the Armed Forces and their dependents. 

Sec. 653. Relief in civil actions for violations of protections on consumer credit 

extended to members of the Armed Forces and their dependents. 
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Sec. 654. Modification of definition of dependent for purposes of limitations on 

terms of consumer credit extended to members of the Armed 

Forces and their dependents. 

Sec. 655. Enforcement of protections on consumer credit for members of the 

Armed Forces and their dependents. 

Subtitle F—Other Matters 

Sec. 661. Transitional compensation for dependent children who are carried 

during pregnancy at time of dependent-abuse offense. 

Sec. 662. Report on issuance by Armed Forces Medical Examiner of death certificates for members of the Armed Forces who die on active 

duty abroad. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE Program 

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

Sec. 704. Report on the future availability of TRICARE Prime throughout the 

United States. 

Sec. 705. Certain treatment of developmental disabilities, including autism, 

under the TRICARE program. 

Sec. 706. Sense of Congress on health care for retired members of the uniformed services. 

Subtitle B—Other Health Care Benefits 

Sec. 711. Use of Department of Defense funds for abortions in cases of rape 

and incest. 

Sec. 712. Availability of certain fertility preservation treatments for members of 

the Armed Forces on active duty. 

Sec. 713. Modification of requirements on mental health assessments for members of the Armed forces deployed in connection with a contingency operation. 

Subtitle C—Health Care Administration 

Sec. 721. Clarification of applicability of certain authority and requirements to 

subcontractors employed to provide health care services to the 

Department of Defense. 

Sec. 722. Research program to enhance Department of Defense efforts on mental health in the National Guard and Reserves through community partnerships. 

Subtitle D—Reports and Other Matters 

Sec. 731. Reports on performance data on Warriors in Transition programs. 

Sec. 732. Report on Department of Defense support of members of the Armed 

Forces who experience traumatic injury as a result of vaccinations required by the Department. 
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Sec. 733. Plan to eliminate gaps and redundancies in programs of the Department of Defense on psychological health and traumatic brain 

injury among members of the Armed Forces. 

Sec. 734. Report on implementation of recommendations of the Comptroller 

General of the United States on prevention of hearing loss 

among members of the Armed Forces. 

Sec. 735. Sense of Senate on mental health counselors for members of the 

Armed Forces, veterans, and their families. 

Sec. 736. Prescription drug take-back program for members of the Armed 

Forces and their dependents. 

Subtitle E—Mental Health Care Matters 

Sec. 751. Enhancement of oversight and management of Department of Defense suicide prevention and resilience programs. 

Sec. 752. Comprehensive program on prevention of suicide among members of 

the Armed Forces. 

Sec. 753. Quality review of Medical Evaluation Boards, Physical Evaluation 

Boards, and Physical Evaluation Board Liaison Officers. 

Sec. 754. Assessment of adequacy of mental health care benefits under the 

TRICARE program. 

Sec. 755. 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. 756. Participation of members of the Armed Forces in peer support counseling programs of the Department of Veterans Affairs. 

Sec. 757. Research and medical practice on mental health conditions. 

Sec. 758. Disposal of controlled substances. 

Sec. 759. Transparency of mental health care services. 

Sec. 760. Expansion of Vet Center program to include furnishing counseling to 

certain members of the Armed Forces and their family members. 

Sec. 761. Authority for Secretary of Veterans Affairs to furnish mental health 

care through facilities other than Vet Centers to immediate 

family members of members of the Armed Forces deployed in 

connection with a contingency operation. 

Sec. 762. Organization of the Readjustment Counseling Service in Department 

of Veterans Affairs. 

Sec. 763. Recruiting mental health providers for furnishing of mental health 

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

Sec. 764. Peer support. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs 

Sec. 801. Limitation on use of cost-type contracts. 

Sec. 802. Acquisition strategies for major subsystems and subassemblies on 

major defense acquisition programs. 

Sec. 803. Management structure for developmental test and evaluation. 

Sec. 804. Assessments of potential termination liability of contracts for the development or production of major defense acquisition programs. 
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Sec. 805. Technical change regarding programs experiencing critical cost 

growth due to change in quantity purchased. 

Sec. 806. Repeal of requirement to review ongoing programs initiated before 

enactment of Milestone B certification and approval process. 

Subtitle B—Acquisition Policy and Management 

Sec. 821. One-year extension of temporary limitation on aggregate annual 

amount available for contract services. 

Sec. 822. Prohibition of excessive pass-through contracts and charges in the acquisition of services. 

Sec. 823. Availability of amounts in Defense Acquisition Workforce Development Fund for temporary members of workforce. 

Sec. 824. Department of Defense policy on contractor profits. 

Sec. 825. Modification of authorities on internal controls for procurements on 

behalf of the Department of Defense by certain non-defense 

agencies. 

Sec. 826. Extension of pilot program on management of supply-chain risk. 

Sec. 827. Sense of Senate on the continuing progress of the Department of Defense in implementing its Item Unique Identification Initiative. 

Subtitle C—Amendments Relating to General Contracting Authorities, 

Procedures, and Limitations 

Sec. 841. Applicability of Truth in Negotiations Act to major systems and related subsystems, components, and support services. 

Sec. 842. Maximum amount of allowable costs of compensation of contractor 

employees. 

Sec. 843. Department of Defense access to and use of contractor internal audit 

reports. 

Sec. 844. Enhancement of whistleblower protections for contractor employees. 

Sec. 844A. Whistleblower protections for non-defense contractors. 

Sec. 845. Extension of contractor conflict of interest limitations. 

Sec. 846. Repeal of sunset for certain protests of task and delivery order contracts. 

Sec. 847. Reports on use of indemnification agreements. 

Sec. 848. Contracting with small business concerns owned and controlled by 

women. 

Subtitle D—Provisions Relating to Wartime Contracting 

Sec. 860. Short title. 

Sec. 861. Responsibility within Department of Defense for contract support for 

overseas contingency operations. 

Sec. 862. Annual reports on contract support for overseas contingency operations involving combat operations. 

Sec. 863. Inclusion of contract support in certain requirements for Department 

of Defense planning, joint professional military education, and 

management structure. 

Sec. 864. Risk assessment and mitigation for contractor performance of critical 

functions in support of overseas contingency operations. 

Sec. 865. Extension and modification of reports on contracting in Iraq and Afghanistan. 

Sec. 866. Extension of temporary authority to acquire products and services in 

countries along a major route of supply to Afghanistan. 
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Sec. 867. Compliance with Berry amendment required for uniform components 

supplied to Afghanistan military or Afghanistan National Police. 

Sec. 868. Sense of Senate on the contributions of Latvia and other North Atlantic Treaty Organization member nations to the success of 

the Northern Distribution Network. 

Sec. 869. Responsibilities of inspectors general for overseas contingency operations. 

Sec. 870. Agency reports and inspector general audits of certain information on 

overseas contingency operations. 

Sec. 871. Oversight of contracts and contracting activities for overseas contingency operations in responsibilities of Chief Acquisition Officers of Federal agencies. 

Sec. 872. Reports on responsibility within Department of State and the United 

States Agency for International Development for contract support for overseas contingency operations. 

Sec. 873. Professional education for Department of State personnel on acquisition for Department of State support and participation in overseas contingency operations. 

Sec. 874. Database on price trends of items and services under Federal contracts. 

Sec. 875. Information on corporate contractor performance and integrity 

through the Federal Awardee Performance and Integrity Information System. 

Sec. 876. Inclusion of data on contractor performance in past performance 

databases for executive agency source selection decisions. 

Sec. 877. Public availability of database of senior Department of Defense officials seeking employment with defense contractors. 

Subtitle E—Other Matters 

Sec. 881. 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. 881A. Additional bases for suspension or debarment. 

Sec. 882. Uniform contract writing system requirements. 

Sec. 883. Comptroller General of the United States review of use by the Department of Defense, the Department of State, and the United 

States Agency for International Development of urgent and 

compelling exception to competition. 

Sec. 884. Authority to provide fee-for-service inspection and testing by Defense 

Contract Management Agency for certain critical equipment in 

the absence of a procurement contract. 

Sec. 885. Disestablishment of Defense Materiel Readiness Board. 

Sec. 886. Modification of period of wait following notice to Congress of intent 

to contract for leases of certain vessels and vehicles. 

Sec. 887. Extension of other transaction authority. 

Sec. 888. Subcontractor notifications. 

Sec. 889. Report by the suspension and debarment officials of the military departments and the Defense Logistics Agency. 

Sec. 889A. Study on army small arms and ammunition acquisition. 

Sec. 889B. Annual report on defense contracting fraud. 

Sec. 889C. Plan to increase number of contractors eligible for contracts under 

Air Force NETCENTS-2 contract. 
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Sec. 889D. Inclusion of information on common grounds for sustaining bid protests in annual Government Accountability Office reports to 

Congress. 

Sec. 889E. Small business HUBZones. 

Subtitle F—Ending Trafficking in Government Contracting 

Sec. 891. Short title. 

Sec. 892. Definitions. 

Sec. 893. Contracting requirements. 

Sec. 894. Compliance plan and certification requirement. 

Sec. 895. Monitoring and investigation of trafficking in persons. 

Sec. 896. Notification to inspectors general and cooperation with Government. 

Sec. 897. Expansion of fraud in foreign labor contracting to include attempted 

fraud and work outside the United States. 

Sec. 898. Improving Department of Defense accountability for reporting trafficking in persons claims and violations. 

Sec. 899. Rules of construction. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Definition and report on terms ‘‘preparation of the environment’’ and 

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

purposes. 

Sec. 902. Expansion of duties and responsibilities of the Nuclear Weapons 

Council. 

Sec. 903. Failure of the Department of Defense to obtain audits with an unqualified opinion on its financial statements by fiscal year 

2017. 

Sec. 904. 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. Operationally Responsive Space Program Office. 

Sec. 912. Commercial space launch cooperation. 

Sec. 913. Reports on integration of acquisition and capability delivery schedules 

for components for major satellite acquisition programs and 

funding for such programs. 

Sec. 914. Department of Defense representation in dispute resolution regarding 

surrender of Department of Defense bands of electromagnetic 

frequencies. 

Subtitle C—Intelligence-Related and Cyber Matters 

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

Sec. 922. Army Distributed Common Ground System. 

Sec. 923. Rationalization of cyber networks and cyber personnel of the Department of Defense. 

Sec. 924. Next-generation host-based cyber security system for the Department 

of Defense. 
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Sec. 925. Improvements of security, quality, and competition in computer software procured by the Department of Defense. 

Sec. 926. Competition in connection with Department of Defense data link systems. 

Sec. 927. Integration of critical signals intelligence capabilities. 

Sec. 928. Collection and analysis of network flow data. 

Sec. 929. Department of Defense use of National Security Agency cloud computing database and intelligence community cloud computing 

infrastructure and services. 

Sec. 930. Electro-optical imagery. 

Sec. 931. Software licenses of the Department of Defense. 

Sec. 932. Defense Clandestine Service. 

Sec. 933. Authority for short-term extension of lease for aircraft supporting the 

Blue Devil intelligence, surveillance, and reconnaissance program. 

Sec. 934. Sense of Senate on potential security risks to Department of Defense 

networks. 

Sec. 935. Sense of Congress on the United States Cyber Command. 

Sec. 936. Reports to Department of Defense on penetrations of networks and 

information systems of certain contractors. 

Subtitle D—Other Matters 

Sec. 941. National Language Service Corps. 

Sec. 942. Report on education and training and promotion rates for pilots of 

remotely piloted aircraft. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Authority to transfer funds to the National Nuclear Security Administration to sustain nuclear weapons modernization. 

Sec. 1003. Audit readiness of Department of Defense statements of budgetary 

resources. 

Sec. 1004. Report on effects of budget sequestration on the Department of Defense. 

Sec. 1005. Report on balances carried forward by the Department of Defense 

at the end of fiscal year 2012. 

Sec. 1006. Transfer of certain fiscal year 2012 and 2013 funds. 

Subtitle B—Counter-Drug Activities 

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. 

Sec. 1013. Authority to support the unified counterdrug and counterterrorism 

campaign in Colombia. 

Sec. 1014. Quarterly reports on use of funds in the Drug Interdiction and 

Counter-Drug Activities, Defense-wide account. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Retirement of naval vessels. 

Sec. 1022. Termination of a Maritime Prepositioning Ship squadron. 
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Sec. 1023. Sense of Congress on recapitalization for the Navy and Coast 

Guard. 

Sec. 1024. Notice to Congress for the review of proposals to name naval vessels. 

Subtitle D—Counterterrorism 

Sec. 1031. Extension of certain prohibitions and requirements relating to detainees at United States Naval Station, Guantanamo Bay, 

Cuba. 

Sec. 1032. Prohibition on use of funds for the transfer or release of individuals 

from United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1033. Prohibition on the indefinite detention of citizens and lawful permanent residents. 

Subtitle E—Miscellaneous Authorities and Limitations 

Sec. 1041. Enhancement of responsibilities of the Chairman of the Joint Chiefs 

of Staff regarding the National Military Strategy. 

Sec. 1042. Modification of authority on training of special operations forces 

with friendly foreign forces. 

Sec. 1043. Extension of authority to provide assured business guarantees to 

carriers participating in Civil Reserve Air Fleet. 

Sec. 1044. Participation of veterans in the Transition Assistance Program of 

the Department of Defense. 

Sec. 1045. Modification of the Ministry of Defense Advisor Program. 

Sec. 1046. Interagency collaboration on unmanned aircraft systems. 

Sec. 1047. Sense of Senate on notice to Congress on unfunded priorities. 

Sec. 1048. Enhancement of authorities on admission of defense industry civilians to certain Department of Defense educational institutions 

and programs. 

Sec. 1049. Military working dog matters. 

Sec. 1050. Prohibition on funds to enter into contracts or agreements with 

Rosoboronexport. 

Sec. 1051. Sense of Congress on the Joint Warfighting Analysis Center. 

Sec. 1052. Transition Assistance Advisor program. 

Subtitle F—Reports 

Sec. 1061. Report on strategic airlift aircraft. 

Sec. 1062. Repeal of biennial report on the Global Positioning System. 

Sec. 1063. Repeal of annual report on threat posed by weapons of mass destruction, ballistic missiles, and cruise missiles. 

Sec. 1064. Report on program on return of rare earth phosphors from Department of Defense fluorescent lighting waste to the domestic rare 

earth supply chain. 

Sec. 1065. Report on establishment of joint Armed Forces historical storage 

and preservation facility. 

Sec. 1066. Study on Bradley Fighting Vehicle industrial base. 

Sec. 1067. Report on military resources necessary to execute United States 

Force Posture Strategy in the Asia Pacific Region. 

Sec. 1068. Report on planned efficiency initiatives at Space and Naval Warfare 

Systems Command. 

Sec. 1069. Study on ability of national air and ground test and evaluation infrastructure facilities to support defense hypersonic test and 

evaluation activities. 
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Sec. 1069A. Report on simulated tactical flight training in a sustained gravity 

environment. 

Sec. 1069B. Report on Department of Defense support for United States diplomatic security. 

Sec. 1069C. Comptroller General of the United States report on Department of 

Defense spending for conferences and conventions. 

Subtitle G—Nuclear Matters 

Sec. 1071. Strategic delivery systems. 

Sec. 1072. Requirements definition for combined warhead for certain missile 

systems. 

Sec. 1073. Congressional Budget Office estimate of costs of nuclear weapons 

and delivery systems. 

Sec. 1074. Briefings on dialogue between the United States and the Russian 

Federation on nuclear arms, missile defense, and long-range 

conventional strike systems. 

Subtitle H—Other Matters 

Sec. 1081. Redesignation of the Center for Hemispheric Defense Studies as the 

William J. Perry Center for Hemispheric Defense Studies. 

Sec. 1082. Technical amendments to repeal statutory references to United 

States Joint Forces Command. 

Sec. 1083. 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. 1084. Sense of Senate on the maintenance by the United States of a triad 

of strategic nuclear delivery systems. 

Sec. 1085. Plan to partner with State and local entities to address veterans 

claims backlog. 

Sec. 1086. Sense of the Senate on protection of Department of Defense airfields, training airspace, and air training routes. 

Sec. 1087. 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. 1088. Sense of Congress that the bugle call commonly known as Taps 

should be designated as the National Song of Military Remembrance. 

Sec. 1089. Reports on the potential security threat posed by Boko Haram. 

Sec. 1090. National Veterans Business Development Corporation. 

Sec. 1091. White Sands Missile Range and Fort Bliss. 

Sec. 1092. Transport for female genital mutilation. 

Sec. 1093. Renewal of expired prohibition on return of veterans memorial objects without specific authorization in law. 

Sec. 1094. Transfer of excess aircraft to other departments. 

Sec. 1095. Reauthorization of sale of aircraft and parts for wildfire suppression 

purposes. 

Sec. 1096. Protection of veterans’ memorials. 

Sec. 1097. Transportation of individuals to and from facilities of Department 

of Veterans Affairs. 

Sec. 1098. National public awareness and participation campaign for Veterans’ 

History Project of American Folklife Center. 

Sec. 1099. Technical amendments relating to the termination of the Armed 

Forces Institute of Pathology under defense base closure and 

realignment. 
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Sec. 1099A. Improved enumeration of members of the Armed Forces in any 

tabulation of total population by Secretary of Commerce. 

Sec. 1099B. 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. 1099C. Amendments to law enforcement officer safety provisions of title 

18. 

Sec. 1099D. Modernization of absentee ballot mail delivery system. 

Sec. 1099E. State Trade and Export Promotion Grant Program. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Authority for transportation of family household pets of civilian personnel during evacuation of non-essential personnel. 

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

technical personnel at the Defense Advanced Research Projects 

Agency. 

Sec. 1103. One-year extension of discretionary authority to grant allowances, 

benefits, and gratuities to personnel on official duty in a combat zone. 

Sec. 1104. Federal Employees Retirement System age and retirement treatment for certain retirees of the Armed Forces. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Extension of authority to build the capacity of foreign military 

forces and modification of notice in connection with initiation 

of activities. 

Sec. 1202. Extension of authority for non-reciprocal exchange 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 availability of funds for State Partnership Program. 

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

Sec. 1211. Commanders’ Emergency Response Program in Afghanistan. 

Sec. 1212. Extension of authority to support operations and activities of the 

Office of Security Cooperation in Iraq. 

Sec. 1213. One-year extension and modification of authority to use funds for 

reintegration activities in Afghanistan. 

Sec. 1214. One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan. 

Sec. 1215. Extension of Pakistan Counterinsurgency Fund. 

Sec. 1216. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States 

military operations. 

Sec. 1217. Extension and modification of logistical support for coalition forces 

supporting certain United States military operations. 

Sec. 1218. Strategy for supporting the achievement of a secure presidential 

election in Afghanistan in 2014. 

Sec. 1219. Independent assessment of the Afghan National Security Forces. 

Sec. 1220. Report on Afghanistan Peace and Reintegration Program. 
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Sec. 1221. Completion of accelerated transition of United States combat and 

military and security operations to the Government of Afghanistan. 

Sec. 1222. Sense of Congress commending the Enduring Strategic Partnership 

Agreement between the United States and Afghanistan. 

Sec. 1223. Congressional review of bilateral security agreement with Afghanistan. 

Sec. 1224. Authority to transfer defense articles and provide defense services 

to the military and security forces of Afghanistan and certain 

other countries. 

Subtitle C—Reports 

Sec. 1231. Review and reports on Department of Defense efforts to build the 

capacity of and partner with foreign security forces. 

Sec. 1232. Additional elements in annual report on military and security developments involving the People’s Republic of China. 

Sec. 1233. Report on implementation by Government of Bahrain of recommendations in Report of the Bahrain Independent Commission of Inquiry. 

Sec. 1234. Reports on Syria. 

Sec. 1235. Report on military activities to deny or significantly degrade the use 

of air power against civilian and opposition groups in Syria. 

Subtitle D—Other Matters 

Sec. 1241. Improved administration of the American, British, Canadian, and 

Australian Armies’ Program. 

Sec. 1242. United States participation in Headquarters Eurocorps. 

Sec. 1243. Department of Defense participation in European program on multilateral exchange of air transportation and air refueling services. 

Sec. 1244. Authority to establish program to provide assistance to foreign civilians for harm incident to combat operations of the Armed 

Forces in foreign countries. 

Sec. 1245. Sustainability requirements for certain capital projects in connection 

with overseas contingency operations. 

Sec. 1246. Efforts to remove Joseph Kony from power and end atrocities committed by the Lord’s Resistance Army. 

Sec. 1247. Imposition of sanctions with respect to support for the rebel group 

known as M23. 

Sec. 1248. Program on repair, overhaul, and refurbishment of defense articles 

for sale or transfer to eligible foreign countries and entities. 

Sec. 1249. Plan for promoting the security of Afghan women and girls during 

the security transition process. 

Sec. 1250. Sense of Congress on the Israeli Iron Dome defensive weapon system. 

Sec. 1251. Sense of the Senate on the situation in the Senkaku Islands. 

Sec. 1252. Bilateral defense trade relationship with India. 

Subtitle E—Iran Sanctions 

Sec. 1261. Short title. 

Sec. 1262. Definitions. 

Sec. 1263. Declaration of policy on human rights. 
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Sec. 1264. Imposition of sanctions with respect to the energy, shipping, and 

shipbuilding sectors of Iran. 

Sec. 1265. Imposition of sanctions with respect to the sale, supply, or transfer 

of certain materials to or from Iran. 

Sec. 1266. 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. 1267. Imposition of sanctions with respect to foreign financial institutions 

that facilitate financial transactions on behalf of specially designated nationals. 

Sec. 1268. Inclusion of the Islamic Republic of Iran Broadcasting on the list 

of human rights abusers. 

Sec. 1269. Imposition of sanctions with respect to persons engaged in the diversion of goods intended for the people of Iran. 

Sec. 1270. Waiver requirement related to exceptional circumstances preventing 

significant reductions in crude oil purchases. 

Sec. 1271. Statute of limitations for civil actions regarding terrorist acts. 

Sec. 1272. Report on use of certain Iranian seaports by foreign vessels and use 

of foreign airports by sanctioned Iranian air carriers. 

Sec. 1273. Implementation; penalties. 

Sec. 1274. Applicability to certain natural gas projects. 

Sec. 1275. Rule of construction. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Defense Health Program. 

Sec. 1404. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1406. Defense Inspector General. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Release of materials needed for national defense purposes from the 

Strategic and Critical Materials Stockpile. 

Subtitle C—Chemical Demilitarization Matters 

Sec. 1421. Supplemental chemical agent and munitions destruction technologies 

at Pueblo Chemical Depot, Colorado, and Blue Grass Army 

Depot, Kentucky. 

Subtitle D—Other Matters 

Sec. 1431. Authorization of appropriations for Armed Forces Retirement 

Home. 

Sec. 1432. Additional Weapons of Mass Destruction Civil Support Teams. 

Sec. 1433. Policy of the United States with respect to a domestic supply of critical and essential minerals. 
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TITLE XV—AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS 

CONTINGENCY OPERATIONS 

Subtitle A—Authorization of 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. 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. 1534. Extension of authority on Task Force for Business and Stability 

Operations in Afghanistan. 

Sec. 1535. Assessments of training activities and intelligence activities of the 

Joint Improvised Explosive Device Defeat Organization. 

Sec. 1536. Submittal to Congress of risk assessments on changes in United 

States troop levels in Afghanistan. 

Sec. 1537. Report on insider attacks in Afghanistan and their effect on the 

United States transition strategy for Afghanistan. 

TITLE XVI—MILITARY COMPENSATION AND RETIREMENT 

MODERNIZATION COMMISSION 

Sec. 1601. Short title. 

Sec. 1602. Purpose. 

Sec. 1603. Definitions. 

Sec. 1604. Military Compensation and Retirement Modernization Commission. 

Sec. 1605. Commission hearings and meetings. 

Sec. 1606. Principles and procedure for Commission recommendations. 

Sec. 1607. Consideration of Commission recommendations by the President and 

Congress. 

Sec. 1608. Pay for members of the Commission. 

Sec. 1609. Executive Director. 

Sec. 1610. Staff. 

Sec. 1611. Contracting authority. 

Sec. 1612. Judicial review precluded. 

Sec. 1613. Termination. 

Sec. 1614. Funding. 
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TITLE XVII—NATIONAL COMMISSION ON THE STRUCTURE OF 

THE AIR FORCE 

Sec. 1701. Short title. 

Sec. 1702. Establishment of Commission. 

Sec. 1703. Duties of the Commission. 

Sec. 1704. Powers of the Commission. 

Sec. 1705. Commission personnel matters. 

Sec. 1706. Termination of the Commission. 

Sec. 1707. Funding. 

Sec. 1708. Limitation on availability of funds for reductions to the Air National 

Guard and the Air Force Reserve. 

Sec. 1709. Funding for maintenance of force structure of the Air Force pending Commission recommendations. 

Sec. 1710. Retention of core functions of the Electronic Systems Center at 

Hanscom Air Force Base pending future structure study. 

Sec. 1711. Air Force assessments of the effects of proposed movements of airframes on joint readiness training. 

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. 

TITLE XIX—MEMORIAL TO SLAVES AND FREE BLACK PERSONS 

WHO SERVED IN THE AMERICAN REVOLUTION 

Sec. 1901. Finding. 

Sec. 1902. Definitions. 

Sec. 1903. Memorial authorization. 

Sec. 1904. Repeal of joint resolutions. 

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. Additional authority 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. 

Sec. 2208. Realignment of Marines in the Asia-Pacific Region. 

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. Extension of authorization of certain fiscal year 2010 project. 

Sec. 2405. Modification of authority to carry out certain fiscal year 2012 

project. 

Sec. 2406. Additional authority to carry out certain fiscal year 2013 project. 

Subtitle B—Chemical Demilitarization Authorizations 

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

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

project. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
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Subtitle A—Project Authorizations and Authorization of Appropriations 

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

projects. 

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

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

and land acquisition projects. 

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

projects. 

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

projects. 

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

Subtitle B—Other Matters 

Sec. 2611. Extension of authorization of certain fiscal year 2009 project. 

Sec. 2612. Extension of authorization of certain fiscal year 2010 projects. 

Sec. 2613. Modification of authority to carry out certain fiscal year 2011 

project. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

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. 

Sec. 2703. Technical amendments to section 2702 of fiscal year 2012 Act. 

Sec. 2704. Criteria for decisions involving certain base closure and realignment 

activities. 

Sec. 2705. Modification of notice requirements in advance of permanent reduction of sizable numbers of members of the Armed Forces at 

military installations. 

Sec. 2706. Report on reorganization of Air Force Materiel Command organizations. 

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. Comptroller General report on in-kind payments. 

Sec. 2803. Extension of temporary, limited authority to use operation and 

maintenance funds for construction projects in certain areas 

outside the United States. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Authority to accept as consideration for leases of non-excess property of military departments and Defense Agencies real property interests and natural resource management services related to agreements to limit encroachment. 

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

Subtitle C—Energy Security 
24 

†S 3254 ES

Sec. 2821. Guidance on financing for renewable energy projects. 

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

and Environmental Design (LEED) Gold or Platinum certification. 

Subtitle D—Land Conveyances 

Sec. 2831. Land conveyance, local training area for Browning Army Reserve 

Center, Utah. 

Sec. 2832. Use of proceeds, land conveyance, Tyndall Air Force Base, Florida. 

Subtitle E—Other Matters 

Sec. 2841. Clarification of authority of Secretary to assist with development of 

public infrastructure in connection with the establishment or 

expansion of a military installation. 

Sec. 2842. Petersburg National Battlefield boundary modification. 

Sec. 2843. Congressional notification with respect to oversight and maintenance 

of base cemeteries following closure of overseas military installations. 

Sec. 2844. Additional exemptions from certain requirements applicable to funding for data servers and centers. 

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. Replacement project for Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico. 

Sec. 3112. Submittal to Congress of selected acquisition reports and independent cost estimates on nuclear weapon systems undergoing 

life extension. 

Sec. 3113. Two-year extension of schedule for disposition of weapons-usable 

plutonium at Savannah River Site, Aiken, South Carolina. 

Sec. 3114. Program on scientific engagement for nonproliferation. 

Sec. 3115. Repeal of requirement for annual update of Department of Energy 

defense nuclear facilities workforce restructuring plan. 

Sec. 3116. Quarterly reports to Congress on financial balances for atomic energy defense activities. 

Sec. 3117. Transparency in contractor performance evaluations by the National 

Nuclear Security Administration leading to award fees. 

Sec. 3118. Expansion of authority to establish certain scientific, engineering, 

and technical positions. 

Sec. 3119. 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. 
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Sec. 3120. Cost containment for Y–12 Uranium Processing Facility, Y–12 National Security Complex, Oak Ridge, Tennessee. 

Sec. 3121. Authority to restore certain formerly Restricted Data to the Restricted Data category. 

Sec. 3122. Renewable energy. 

Subtitle C—Reports 

Sec. 3131. Report on actions required for transition of regulation of non-nuclear activities of the National Nuclear Security Administration 

to other Federal agencies. 

Sec. 3132. Report on consolidation of facilities of the National Nuclear Security 

Administration. 

Sec. 3133. Regional radiological security zones. 

Sec. 3134. Report on legacy uranium mines. 

Sec. 3135. Comptroller General of the United States review of projects carried 

out by Office of Environmental Management of the Department of Energy pursuant to the American Recovery and Reinvestment Act of 2009. 

Subtitle D—Other Matters 

Sec. 3141. Sense of Congress on oversight of the nuclear security enterprise. 

Subtitle E—American Medical Isotopes Production 

Sec. 3151. Short title. 

Sec. 3152. Definitions. 

Sec. 3153. Improving the reliability of domestic medical isotope supply. 

Sec. 3154. Exports. 

Sec. 3155. Report on disposition of exports. 

Sec. 3156. Domestic medical isotope production. 

Sec. 3157. Annual Department reports. 

Sec. 3158. National Academy of Sciences report. 

Sec. 3159. Repeal. 

Subtitle F—Other Matters 

Sec. 3161. Congressional advisory panel on the governance structure of the National Nuclear Security Administration and its relationship to 

other Federal agencies. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Short title. 

Sec. 3502. Container-on-barge transportation. 

Sec. 3503. Short sea transportation. 

Sec. 3504. Maritime environmental and technical assistance. 

Sec. 3505. Identification of actions to enable qualified United States flag capacity to meet national defense requirements. 

Sec. 3506. Maritime workforce study. 

Sec. 3507. Maritime administration vessel recycling contract award practices. 

Sec. 3508. Requirement for barge design. 

Sec. 3509. Eligibility to receive surplus training equipment. 
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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. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Sec. 4701. Department of Energy national security authorizations. 

DIVISION E—HOUSING ASSISTANCE FOR VETERANS 

TITLE L—HOUSING ASSISSTANCE FOR VETERANS 

Sec. 5001. Short title. 

Sec. 5002. Definitions. 

Sec. 5003. Establishment of a pilot program. 

DIVISION F—STOLEN VALOR ACT 

TITLE LI—STOLEN VALOR ACT 

Sec. 5011. Short title. 

Sec. 5012. Findings. 

Sec. 5013. Military medals or decorations. 

Sec. 5014. Severability. 

DIVISION G—MISCELLANEOUS 

TITLE LII—MISCELLANEOUS 
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Sec. 5021. Public Safety Officers’ Benefits Program. 

Sec. 5022. Scientific framework for recalcitrant cancers. 

Sec. 5023. United States Advisory Commission on Public Diplomacy. 

Sec. 5024. Removal of action. 

TITLE LIII—GAO MANDATES REVISION ACT 

Subtitle A—GAO Mandates Revision Act 

Sec. 5301. Short title. 

Sec. 5302. Repeals and modifications. 

Subtitle B—Improper Payments Elimination and Recovery Improvement Act 

Sec. 5311. Short title. 

Sec. 5312. Definitions. 

Sec. 5313. Improving the determination of improper payments by Federal agencies. 

Sec. 5314. Improper payments information. 

Sec. 5315. Do not pay initiative. 

Sec. 5316. Improving recovery of improper payments. 

Subtitle C—Sense of Congress Regarding Spectrum. 

Sec. 5317. Sense of Congress regarding spectrum. 

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 SEC. 4. SCORING OF BUDGETARY EFFECTS. 

6 The budgetary effects of this Act, for the purpose of 

7 complying with the Statutory Pay-As-You-Go-Act of 2010, 

8 shall be determined by reference to the latest statement 

9 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

10 Act, submitted for printing in the Congressional Record 

11 by the Chairman of the Senate Budget Committee, pro12 vided that such statement has been submitted prior to the 

13 vote on passage. 
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1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

7 Funds are hereby authorized to be appropriated for 

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

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

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

11 Subtitle B—Army Programs 

12 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

13 ARMY CH–47F HELICOPTERS. 

14 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

16 the Secretary of the Army may enter into a multiyear con17 tract or contracts, beginning with the fiscal year 2013 pro18 gram year, for the procurement of airframes for CH–47F 

19 helicopters. 

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

22 shall provide that any obligation of the United States to 

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

24 fiscal year 2013 is subject to the availability of appropria25 tions for that purpose for such later fiscal year. 
29 

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1 Subtitle C—Navy Programs 

2 SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE 

3 U.S.S. ABRAHAM LINCOLN. 

4 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.— 

5 Of the amount authorized to be appropriated for fiscal 

6 year 2013 by section 101 and available for shipbuilding 

7 and conversion as specified in the funding table in section 

8 4101, $1,613,392,000 is authorized to be available for the 

9 commencement of the nuclear refueling and complex over10 haul of the U.S.S. Abraham Lincoln (CVN–72) during fis11 cal year 2013. The amount authorized to be made avail12 able in the preceding sentence is the first increment in 

13 the two-year sequence of incremental funding planned for 

14 the nuclear refueling and complex overhaul of that vessel. 

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

16 Navy may enter into a contract during fiscal year 2013 

17 for the nuclear refueling and complex overhaul of the 

18 U.S.S. Abraham Lincoln. 

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

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 for that purpose for that later fiscal year. 
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1 SEC. 122. FORD CLASS AIRCRAFT CARRIERS. 

2 (a) CONTRACT AUTHORITY FOR CONSTRUCTION OF

3 AIRCRAFT CARRIERS DESIGNATED CVN–78, CVN–79, 

4 AND CVN–80.—In the fiscal year immediately following 

5 the last fiscal year of the contract for advance procure6 ment for a CVN–21 class aircraft carrier designated 

7 CVN–78, CVN–79 or CVN–80, the Secretary of the Navy 

8 may enter into a contract for the construction of such air9 craft carrier to be funded in the fiscal year of such con10 tract for construction and the succeeding four fiscal years, 

11 in the case of the vessel designated CVN–78, and the suc12 ceeding five fiscal years, in the case of the vessels des13 ignated CVN–79 and CVN–80. 

14 (b) CONDITION FOR OUT-YEAR CONTRACT PAY15 MENTS.—A contract entered into under subsection (a) 

16 shall provide that any obligation of the United States to 

17 make a payment under the contract for any subsequent 

18 fiscal year is subject to the availability of appropriations 

19 for that purpose for such subsequent fiscal year. 

20 (c) REPEAL OF SUPERSEDED PROVISION.—Section 

21 121 of the John Warner National Defense Authorization 

22 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

23 2104) is repealed. 
31 

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1 SEC. 123. LIMITATION ON AVAILABILITY OF AMOUNTS FOR 

2 SECOND FORD CLASS AIRCRAFT CARRIER. 

3 (a) LIMITATION.—Of the amount authorized to be 

4 appropriated for fiscal year 2013 by section 101 and avail5 able for shipbuilding and conversion for the second Ford 

6 class aircraft carrier as specified in the funding table in 

7 section 4101, not more than 50 percent of such amount 

8 may be obligated or expended until the Secretary of the 

9 Navy submits to the congressional defense committees a 

10 report setting forth a description of the program manage11 ment and cost control measures that will be employed in 

12 constructing the second Ford class aircraft carrier. 

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

14 (a) shall include a plan to do the following with respect 

15 to the Ford class aircraft carriers: 

16 (1) To maximize planned work in shops and 

17 early stages of construction. 

18 (2) To sequence construction of structural units 

19 to maximize the effects of lessons learned. 

20 (3) To incorporate design changes to improve 

21 producibility for the Ford class aircraft carriers. 

22 (4) To increase the size of erection units to 

23 eliminate disruptive unit breaks and improve unit 

24 alignment and fairness. 

25 (5) To increase outfitting levels for assembled 

26 units before erection in the dry-dock. 
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1 (6) To increase overall ship completion levels at 

2 each key construction event. 

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

4 lead to improved productivity. 

5 (8) To ensure the shipbuilder initiates plans 

6 that will improve productivity through capital im7 provements that would provide targeted return on 

8 investment, 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. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR18 GINIA CLASS SUBMARINE PROGRAM. 

19 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

21 the Secretary of the Navy may enter into multiyear con22 tracts, beginning with the fiscal year 2014 program year, 

23 for procurement of Virginia class submarines and Govern24 ment-furnished equipment associated with the Virginia 

25 class submarine program. 
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1 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

2 Secretary may enter into one or more contracts, beginning 

3 in fiscal year 2013, for advance procurement associated 

4 with the vessels and equipment for which authorization to 

5 enter into a multiyear procurement contract is provided 

6 under subsection (a). 

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

9 shall provide that any obligation of the United States to 

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

11 fiscal year 2013 is subject to the availability of appropria12 tions or funds for that purpose for such later fiscal year. 

13 (d) LIMITATION ON TERMINATION LIABILITY.—con14 tract for construction of vessels or equipment, entered into 

15 in accordance with subsection (a) shall include a clause 

16 that limits the liability of the Government to the con17 tractor for any termination of the contract. The maximum 

18 liability of the Government under the clause shall be the 

19 amount appropriated for the vessels or equipment covered 

20 by the contract. Additionally, in the event of cancellation, 

21 the maximum liability of the Government shall include the 

22 amount of the unfunded cancellation ceiling in the con23 tract. 

24 (e) AUTHORITY TO EXPAND MULTIYEAR PROCURE25 MENT.—The Secretary may employ incremental funding 
34 

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1 for the procurement of Virginia class submarines and Gov2 ernment-furnished equipment associated with the Virginia 

3 class submarines to be procured during fiscal years 2013 

4 through 2018 if the Secretary— 

5 (1) determines that such an approach will per6 mit the Navy to procure an additional Virginia class 

7 submarine in fiscal year 2014; and 

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

9 SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR 

10 ARLEIGH BURKE CLASS DESTROYERS AND 

11 ASSOCIATED SYSTEMS. 

12 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

14 the Secretary of the Navy may enter into multiyear con15 tracts, beginning with the fiscal year 2013 program year, 

16 for the procurement of up to 10 Arleigh Burke class 

17 Flight IIA guided missile destroyers, as well as the AEGIS 

18 Weapon Systems, MK 41 Vertical Launching Systems, 

19 and Commercial Broadband Satellite Systems associated 

20 with those vessels. 

21 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

22 Secretary may enter into one or more contracts, beginning 

23 in fiscal year 2013, for advance procurement associated 

24 with the vessels and systems for which authorization to 
35 

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1 enter into a multiyear procurement contract is provided 

2 under subsection (a). 

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

5 shall provide that any obligation of the United States to 

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

7 fiscal year 2013 is subject to the availability of appropria8 tions or funds for that purpose for such later fiscal year. 

9 SEC. 126. AUTHORITY FOR RELOCATION OF CERTAIN AEGIS 

10 WEAPON SYSTEM ASSETS BETWEEN AND 

11 WITHIN THE DDG–51 CLASS DESTROYER AND 

12 AEGIS ASHORE PROGRAMS IN ORDER TO 

13 MEET MISSION REQUIREMENTS. 

14 (a) AUTHORITY.— 

15 (1) TRANSFER TO AEGIS ASHORE SYSTEM.— 

16 Notwithstanding any other provision of law, the Sec17 retary of the Navy may transfer AEGIS Weapon 

18 System (AWS) equipment with ballistic missile de19 fense (BMD) capability to the Missile Defense Agen20 cy for use in the AEGIS Ashore System of the 

21 Agency for installation in the country designated as 

22 Host Nation #1 (HN–1) by transferring to the 

23 Agency such equipment procured with amounts au24 thorized to be appropriated to the SCN account for 
36 

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1 fiscal years 2010 and 2011 for the DDG–51 Class 

2 Destroyer Program. 

3 (2) ADJUSTMENTS IN EQUIPMENT DELIV4 ERIES.— 

5 (A) USE OF FY12 FUNDS FOR AWS SYS6 TEMS ON DESTROYERS PROCURED WITH FY11

7 FUNDS.—Amounts authorized to be appro8 priated to the SCN account for fiscal year 

9 2012, and any AEGIS Weapon System assets 

10 procured with such amounts, may be used to 

11 deliver complete, mission-ready AEGIS Weapon 

12 Systems with ballistic missile defense capability 

13 to any DDG–51 class destroyer for which 

14 amounts were authorized to be appropriated for 

15 the SCN account for fiscal year 2011. 

16 (B) USE OF AWS SYSTEMS PROCURED

17 WITH RDTE FUNDS ON DESTROYERS.—The Sec18 retary may install on any DDG–51class de19 stroyer AEGIS weapon systems with ballistic 

20 missile defense capability transferred pursuant 

21 to paragraph (3). 

22 (3) TRANSFER FROM AEGIS ASHORE SYSTEM.— 

23 The Director of the Missile Defense Agency shall 

24 transfer AEGIS Weapon System equipment with 

25 ballistic missile defense capability procured for in-
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1 stallation in the AEGIS Ashore System to the De2 partment of the Navy for the DDG–51 Class De3 stroyer Program to replace any equipment trans4 ferred to Agency under paragraph (1). 

5 (4) TREATMENT OF TRANSFER IN FUNDING DE6 STROYER CONSTRUCTION.—Notwithstanding the 

7 source of funds for any equipment transferred under 

8 paragraph (3), the Secretary shall fund all work nec9 essary to complete construction and outfitting of any 

10 destroyer in which such equipment is installed in the 

11 same manner as if such equipment had been ac12 quired using amounts in the SCN account. 

13 (5) SCN ACCOUNT DEFINED.—In this sub14 section, the term ‘‘SCN account’’ means the Ship15 building and Conversion, Navy account. 

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

17 section shall be construed to repeal or otherwise modify 

18 in any way the limitation on obligation or expenditure of 

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

21 Authorization Act for Fiscal Year 2011 Public Law 111– 

22 383; 124 Stat. 4168). 
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1 SEC. 127. DESIGNATION OF MISSION MODULES OF THE LIT2 TORAL COMBAT SHIP AS A MAJOR DEFENSE 

3 ACQUISITION PROGRAM. 

4 (a) DESIGNATION REQUIRED.—The Secretary of De5 fense shall— 

6 (1) designate the effort to develop and produce 

7 all variants of the mission modules in support of the 

8 Littoral Combat Ship program as a major defense 

9 acquisition program under section 2430 of title 10, 

10 United States Code; and 

11 (2) with respect to the development and produc12 tion of each variant, submit to the congressional de13 fense committees a report setting forth such cost, 

14 schedule, and performance information as would be 

15 provided if such effort were a major defense acquisi16 tion program, including Selected Acquisition Re17 ports, unit cost reports, and program baselines. 

18 (b) ADDITIONAL QUARTERLY REPORTS.—The Sec19 retary shall submit to the congressional defense commit20 tees on a quarterly basis a report on the development and 

21 production of each variant of the mission modules in sup22 port of the Littoral Combat Ship, including cost, schedule, 

23 and performance, and identifying actual and potential 

24 problems with such development or production and poten25 tial mitigation plans to address such problems. 
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1 SEC. 128. TRANSFER OF CERTAIN FISCAL YEAR 2012 PRO2 CUREMENT OF AMMUNITION, NAVY AND MA3 RINE CORPS FUNDS. 

4 (a) IN GENERAL.—To the extent provided in appro5 priations Acts, the Secretary of the Navy may transfer 

6 from fiscal year 2012 Procurement of Ammunition, Navy 

7 and Marine Corps funds, $88,300,000 to other, higher pri8 ority programs of the Navy and the Marine Corps. 

9 (b) COVERED FUNDS.—For purposes of this section, 

10 the term ‘‘fiscal year 2012 Procurement of Ammunition, 

11 Navy and Marine Corps funds’’ means amounts author12 ized to be appropriated for fiscal year 2012 by section 101 

13 of the National Defense Authorization Act for Fiscal Year 

14 2012 (Public Law 112–81; 125 Stat. 1317) and available 

15 for Procurement of Ammunition, Navy and Marine Corps 

16 as specified in the funding table in section 4101 of that 

17 Act. 

18 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

19 transfer made from one account to another under the au20 thority of this section shall be deemed to increase the 

21 amount authorized for the account to which the amount 

22 is transferred by an amount equal to the amount trans23 ferred. 

24 (d) CONSTRUCTION OF AUTHORITY.—The transfer 

25 authority in this section is in addition to any other trans26 fer authority provided in this Act. 
40 

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1 SEC. 129. TRANSFER OF CERTAIN FISCAL YEAR 2012 PRO2 CUREMENT, MARINE CORPS FUNDS FOR PRO3 CUREMENT OF WEAPONS AND COMBAT VEHI4 CLES. 

5 (a) IN GENERAL.—To the extent provided in appro6 priations Acts, the Secretary of the Navy may transfer 

7 from fiscal year 2012 Procurement, Marine Corps funds 

8 for procurement of weapons and combat vehicles, 

9 $135,200,000 to other, higher priority programs of the 

10 Navy and the Marine Corps. 

11 (b) COVERED FUNDS.—For purposes of this section, 

12 the term ‘‘fiscal year 2012 Procurement, Marine Corps 

13 funds for procurement of weapons and combat vehicles’’ 

14 means amounts authorized to be appropriated for fiscal 

15 year 2012 by section 101 of the National Defense Author16 ization Act for Fiscal Year 2012 (Public Law 112–81; 125 

17 Stat. 1317) and available for Procurement, Marine Corps 

18 for the procurement of weapons and combat vehicles as 

19 specified in the funding table in section 4101 of that Act. 

20 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

21 transfer made from one account to another under the au22 thority of this section shall be deemed to increase the 

23 amount authorized for the account to which the amount 

24 is transferred by an amount equal to the amount trans25 ferred. 
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1 (d) CONSTRUCTION OF AUTHORITY.—The transfer 

2 authority in this section is in addition to any other trans3 fer authority provided in this Act. 

4 SEC. 130. SENSE OF CONGRESS ON MARINE CORPS AMPHIB5 IOUS LIFT AND PRESENCE REQUIREMENTS. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) The United States Marine Corps is a com9 bat force which leverages maneuver from the sea as 

10 a force multiplier allowing for a variety of oper11 ational tasks ranging from major combat operations 

12 to humanitarian assistance. 

13 (2) The United States Marine Corps is unique 

14 in that, while embarked upon Naval vessels, they 

15 bring all the logistic support necessary for the full 

16 range of military operations, operating ‘‘from the 

17 sea’’ they require no third party host nation permis18 sion to conduct military operations. 

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

21 full range of military operations. 

22 (4) Due to fiscal constraints only, that require23 ment of 38 vessels was reduced to 33 vessels, which 

24 adds military risk to future operations. 
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1 (5) The Department of the Navy has been un2 able to meet even the minimal requirement of 30 

3 operationally available vessels and has submitted a 

4 shipbuilding and ship retirement plan to Congress 

5 which will reduce the force to 28 vessels. 

6 (6) Experience has shown that early engineer7 ing and design of naval vessels has significantly re8 duced the acquisition costs and life-cycle costs of 

9 those vessels. 

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

12 (1) the Department of Defense should carefully 

13 evaluate the maritime force structure necessary to 

14 execute demand for forces by the commanders of the 

15 combatant commands; 

16 (2) the Department of the Navy carefully evalu17 ate amphibious lift capabilities to meet current and 

18 projected requirements; 

19 (3) the Department of the Navy should consider 

20 prioritization of investment in and procurement of 

21 the next generation of amphibious assault ships, as 

22 a component of the balanced battle force; 

23 (4) the next generation amphibious assault 

24 ships should maintain survivability protection; 
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1 (5) operation and maintenance requirements 

2 analysis, as well as the potential to leverage a com3 mon hull form design, should be considered to re4 duce total ownership cost and acquisition cost; and 

5 (6) maintaining a robust amphibious ship build6 ing industrial base is vital for the future of the na7 tional security of the United States. 

8 SEC. 131. SENSE OF SENATE ON DEPARTMENT OF NAVY FIS9 CAL YEAR 2014 BUDGET REQUEST FOR TAC10 TICAL AVIATION AIRCRAFT. 

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

12 of the Department of the Navy for fiscal year 2014 for 

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

14 13 new F–18 aircraft, the budget request of the Depart15 ment of the Navy for fiscal year 2014 for F–35 aircraft 

16 should include a request for funds for not fewer than 6 

17 F–35B aircraft and 4 F–35C aircraft, presuming that de18 velopment, testing, and production of the F–35 aircraft 

19 are proceeding according to current plans. 

20 SEC. 132. SPIDERNET/SPECTRAL WARRIOR HARDWARE. 

21 (a) ADDITIONAL AMOUNT FOR OTHER PROCURE22 MENT, NAVY.—The amount authorized to be appropriated 

23 for fiscal year 2013 by section 101 is hereby increased 

24 by $2,000,000, with the amount of the increase to be 

25 available for amounts authorized to be appropriated by 
44 

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1 that section and available for other procurement, Navy, 

2 Satellite Communications, line 085, Satellite Communica3 tions Systems, as specified in the funding table in section 

4 4101. 

5 (b) AVAILABILITY OF AMOUNT.—To the extent pro6 vided in appropriations Acts, the amount authorized and 

7 made available by subsection (a) may be obligated and ex8 pended for a new program to procure SPIDERNet/Spec9 tral Warrior Hardware and installation in order to provide 

10 a cloud network for Spectral Warrior terminals in support 

11 of requirements of the commanders of the combatant com12 mands. 

13 Subtitle D—Air Force Programs 

14 SEC. 141. REDUCTION IN NUMBER OF AIRCRAFT REQUIRED 

15 TO BE MAINTAINED IN STRATEGIC AIRLIFT 

16 AIRCRAFT INVENTORY. 

17 (a) REDUCTION IN INVENTORY REQUIREMENT.— 

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

19 amended— 

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

21 and inserting ‘‘The’’; and 

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

23 ‘‘275 aircraft’’. 

24 (b) MODIFICATION OF CERTIFICATION REQUIRE25 MENT.—Section 137(d)(3)(B) of the National Defense 
45 

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

2 84; 123 Stat. 2221) is amended by striking ‘‘316 strategic 

3 airlift aircraft’’ and inserting ‘‘275 strategic airlift air4 craft’’. 

5 (c) PRESERVATION OF CERTAIN RETIRED C–5 AIR6 CRAFT.—The Secretary of the Air Force shall preserve 

7 each C–5 aircraft retired by the Secretary after September 

8 30, 2012, such that the aircraft— 

9 (1) is stored in flyable condition; 

10 (2) can be returned to service; and 

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

12 unless specifically authorized by the Secretary of De13 fense upon a request by the Secretary of the Air 

14 Force. 

15 SEC. 142. 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. 
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1 (b) COVERED PROGRAMS.—The programs referred to 

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

3 following: 

4 (1) Any modernization program through Incre5 ment 3.2A. 

6 (2) The Reliability and Maintainability Matura7 tion Program (RAMMP) and the Structural Repair 

8 Program (SRP II). 

9 (3) The modernization Increment 3.2B and any 

10 future F–22A Raptor aircraft modernization pro11 gram that would otherwise, if a standalone program, 

12 qualify for treatment as a major defense acquisition 

13 program for purposes of chapter 144 of title 10, 

14 United States Code. 

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

16 (a) LIMITATIONS.— 

17 (1) AVIONICS MODERNIZATION PROGRAM.—The 

18 Secretary of the Air Force shall take no action to 

19 cancel or modify the Avionics Modernization Pro20 gram (AMP) for the C–130 aircraft until 30 days 

21 after the date of the submittal to the congressional 

22 defense committees of the report required by sub23 section (b). 

24 (2) CNS/ATM PROGRAM.— 
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1 (A) IN GENERAL.—The Secretary shall 

2 take no action described in subparagraph (B) 

3 until 30 days after the date of the submittal to 

4 the congressional defense committees of the re5 port required by subsection (b). 

6 (B) COVERED ACTIONS.—An action de7 scribed in this subparagraph is an action to 

8 begin an alternative communication, navigation, 

9 surveillance, and air traffic management (CNS/ 

10 ATM) program for the C–130 aircraft that is 

11 designed or intended— 

12 (i) to meet international communica13 tion, navigation, surveillance, and air traf14 fic management standards for the fleet of 

15 C–130 aircraft; or 

16 (ii) to replace the current Avionics 

17 Modernization Program for the C–130 air18 craft. 

19 (b) REPORT.—Not later than 30 days after the date 

20 of the enactment of this Act, the Secretary of Defense 

21 shall submit to the congressional defense committees re22 port on the results of a study to be conducted by the Office 

23 of Cost Assessment and Program Evaluation of the De24 partment of Defense on the following: 
48 

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1 (1) The costs and schedule to complete the cur2 rent program of record for the Avionics Moderniza3 tion Program for the C–130 aircraft, as anticipated 

4 at the time of the last certification on that program 

5 under section 2433a of title 10, United States Code. 

6 (2) The total cost and schedule, from start to 

7 completion, of any proposed alternative communica8 tion, navigation, surveillance, and air traffic man9 agement program for the C–130 aircraft. 

10 (3) The projected manpower savings to be de11 rived from the current program of record for the 

12 Avionics Modernization Program for the C–130 air13 craft in comparison with the projected manpower 

14 savings to be derived from any proposed alternative 

15 communication, navigation, surveillance, and air 

16 traffic management program for the C–130 aircraft. 

17 SEC. 144. PROCUREMENT OF SPACE-BASED INFRARED SYS18 TEM SATELLITES. 

19 (a) CONTRACT AUTHORITY.— 

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

21 Force may procure two space-based infrared system 

22 satellites by entering into a fixed-price contract for 

23 such procurement. 
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1 (2) COST REDUCTION.—The Secretary may in2 clude in a contract entered into under paragraph (1) 

3 the following: 

4 (A) The procurement of material and 

5 equipment in economic order quantities if the 

6 procurement of such material and equipment in 

7 such quantities will result in cost savings. 

8 (B) Cost reduction initiatives. 

9 (3) USE OF INCREMENTAL FUNDING.—The 

10 Secretary may use incremental funding for a con11 tract entered into under paragraph (1) for a period 

12 not to exceed six fiscal years. 

13 (4) LIABILITY.—A contract entered into under 

14 paragraph (1) shall provide that— 

15 (A) any obligation of the United States to 

16 make a payment under the contract is subject 

17 to the availability of appropriations for that 

18 purpose; and 

19 (B) the total liability of the Federal Gov20 ernment for the termination of the contract 

21 shall be limited to the total amount of funding 

22 obligated at the time of the termination of the 

23 contract. 

24 (b) LIMITATION OF COSTS.— 
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1 (1) LIMITATION.—Except as provided in sub2 section (c), and excluding amounts described in 

3 paragraph (2), the total amount obligated or ex4 pended for the procurement of two space-based in5 frared system satellites authorized by subsection (a) 

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

7 (2) EXCLUSION.—The amounts described in 

8 this paragraph are amounts associated with the fol9 lowing: 

10 (A) Plans. 

11 (B) Technical data packages. 

12 (C) Post-delivery and program-related sup13 port costs. 

14 (D) Technical support for obsolescence 

15 studies. 

16 (c) ADJUSTMENT TO LIMITATION AMOUNT.— 

17 (1) IN GENERAL.—The Secretary may increase 

18 the limitation set forth in subsection (b)(1) by the 

19 amount of an increase described in paragraph (2) if 

20 the Secretary submits to the congressional defense 

21 committees written notification of the increase made 

22 to that limitation. 

23 (2) INCREASE DESCRIBED.—An increase de24 scribed in this paragraph is one of the following: 
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1 (A) An increase in costs that is attrib2 utable to economic inflation after September 

3 30, 2012. 

4 (B) An increase in costs that is attrib5 utable to compliance with changes in Federal, 

6 State, or local laws enacted after September 30, 

7 2012. 

8 (C) An increase in the cost of a space9 based infrared system satellite that is attrib10 utable to the insertion of a new technology into 

11 the satellite that was not built into such sat12 ellites procured before fiscal year 2013, if the 

13 Secretary determines, and certifies to the con14 gressional defense committees, that insertion of 

15 the new technology into the satellite is— 

16 (i) expected to decrease the life-cycle 

17 cost of the satellite; or 

18 (ii) required to meet an emerging 

19 threat that poses grave harm to the na20 tional security of the United States. 

21 (d) REPORTS.— 

22 (1) REPORT ON CONTRACTS.—Not later than 

23 30 days after the date on which the Secretary enters 

24 into a contract under subsection (a), the Secretary 
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1 shall submit to the congressional defense committees 

2 a report on the contract that includes the following: 

3 (A) The total cost savings resulting from 

4 the authority provided by subsection (a). 

5 (B) The type and duration of the contract. 

6 (C) The total value of the contract. 

7 (D) The funding profile under the contract 

8 by year. 

9 (E) The terms of the contract regarding 

10 the treatment of changes by the Federal Gov11 ernment to the requirements of the contract, in12 cluding how any such changes may affect the 

13 success of the contract. 

14 (2) PLAN FOR USING COST SAVINGS.—Not later 

15 than 90 days after the date on which the Secretary 

16 enters into a contract under subsection (a), the Sec17 retary shall submit to the congressional defense com18 mittees a plan for using the cost savings described 

19 in paragraph (1)(A) to improve the capability of 

20 military infrared and early warning satellites that 

21 includes a description of the following: 

22 (A) The available funds, by year, resulting 

23 from such cost savings. 

24 (B) The specific activities or subprograms 

25 to be funded using such cost savings and the 
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1 funds, by year, allocated to each such activity 

2 or subprogram. 

3 (C) The objectives for each such activity or 

4 subprogram. 

5 (D) The criteria used by the Secretary to 

6 determine which such activities or subprograms 

7 to fund. 

8 (E) The method by which the Secretary 

9 will determine which such activities or subpro10 grams to fund, including whether that deter11 mination will be on a competitive basis. 

12 (F) The plan for encouraging participation 

13 in such activities and subprograms by small 

14 businesses. 

15 (G) The process for determining how and 

16 when such activities and subprograms would 

17 transition to an existing program or be estab18 lished as a new program of record. 

19 (e) USE OF FUNDS AVAILABLE FOR SPACE VEHICLE

20 NUMBER 5 FOR SPACE VEHICLE NUMBER 6.—The Sec21 retary may obligate and expend amounts authorized to be 

22 appropriated for fiscal year 2013 by section 101 for pro23 curement for the Air Force as specified in the funding 

24 table in section 4101 and available for the advanced pro25 curement of long-lead parts and the replacement of obso-
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1 lete parts for space-based infrared system satellite space 

2 vehicle number 5 for the advanced procurement of long3 lead parts and the replacement of obsolete parts for space4 based infrared system space vehicle number 6. 

5 (f) SENSE OF CONGRESS.—It is the sense of Con6 gress that the Secretary should not enter into a fixed-price 

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

8 space-based infrared system satellites unless the Secretary 

9 determines that entering into such a contract will save the 

10 Air Force not less than 20 percent over the cost of pro11 curing two such satellites separately. 

12 SEC. 145. TRANSFER OF CERTAIN FISCAL YEAR 2011 AND 

13 2012 FUNDS FOR AIRCRAFT PROCUREMENT 

14 FOR THE AIR FORCE. 

15 (a) IN GENERAL.—To the extent provided in appro16 priations Acts, the Secretary of the Air Force may trans17 fer from fiscal year 2011 and 2012 Aircraft Procurement, 

18 Air Force funds, an aggregate of $920,748,000 to other, 

19 higher priority programs of the Air Force. 

20 (b) COVERED FUNDS.—For purposes of this section, 

21 the term ‘‘fiscal year 2011 and 2012 Aircraft Procure22 ment, Air Force funds’’ means— 

23 (1) amounts authorized to be appropriated for 

24 fiscal year 2011 by section 103(1) of the Ike Skelton 

25 National Defense Authorization Act for Fiscal Year 
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1 2011 (Public Law 111–383; 124 Stat. 4152) for air2 craft procurement for the Air Force; and 

3 (2) amounts authorized to be appropriated for 

4 fiscal year 2012 by section 101 of the National De5 fense Authorization Act for Fiscal Year 2012 (Pub6 lic Law 112–81; 125 Stat. 1317) and available for 

7 Aircraft Procurement, Air Force as specified in the 

8 funding table in section 4101 of that Act. 

9 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

10 transfer made from one account to another under the au11 thority of this section shall be deemed to increase the 

12 amount authorized for the account to which the amount 

13 is transferred by an amount equal to the amount trans14 ferred. 

15 (d) CONSTRUCTION OF AUTHORITY.—The transfer 

16 authority in this section is in addition to any other trans17 fer authority provided in this Act. 

18 Subtitle E—Joint and Multiservice 

19 Matters 

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

21 JOINT AIRCRAFT PROGRAM. 

22 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

24 the Secretary of the Navy may enter into a multiyear con25 tract or contracts, beginning with the fiscal year 2013 pro-
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1 gram year, for the procurement of V–22 aircraft for the 

2 Department of the Navy, the Department of the Air 

3 Force, and the United States Special Operations Com4 mand. 

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

7 shall provide that any obligation of the United States to 

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

9 fiscal year 2013 is subject to the availability of appropria10 tions for that purpose for such later fiscal year. 

11 SEC. 152. LIMITATION ON AVAILABILITY OF FUNDS FOR 

12 FULL-RATE PRODUCTION OF HANDHELD, 

13 MANPACK, AND SMALL FORM/FIT RADIOS 

14 UNDER THE JOINT TACTICAL RADIO SYSTEM 

15 PROGRAM. 

16 Amounts available for the Joint Tactical Radio Sys17 tem (JTRS) program may not be obligated or expended 

18 for full-rate production of the Handheld, Manpack, and 

19 Small Form/Fit (HMS) radios under that program until 

20 the Under Secretary of Defense for Acquisition, Tech21 nology, and Logistics certifies to the congressional defense 

22 committees that the acquisition strategy for such radios 

23 provides, to the maximum extent practicable, for full and 

24 open competition in the acquisition of such radios. 
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1 SEC. 153. SHALLOW WATER COMBAT SUBMERSIBLE PRO2 GRAM. 

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

4 the date of the enactment of this Act, the Commander of 

5 the United States Special Operations Command shall sub6 mit to the congressional defense committees a report set7 ting forth the following: 

8 (1) A description of the efforts of the con9 tractor under the Shallow Water Combat Submers10 ible (SWCS) program and the United States Special 

11 Operations Command to improve the accuracy of the 

12 tracking of the schedule and costs of the program. 

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

14 operational capability of the Shallow Water Combat 

15 Submersible. 

16 (3) A current estimate of the cost to meet the 

17 basis of issue requirement under the program. 

18 (b) SUBSEQUENT REPORTS.— 

19 (1) QUARTERLY REPORTS REQUIRED.—The 

20 Commander of the United States Special Operations 

21 Command shall submit to the congressional defense 

22 committees on a quarterly basis updates on the 

23 metrics from the earned value management system 

24 with which the Command is tracking the schedule 

25 and cost performance of the contractor of the Shal26 low Water Combat Submersible program. 
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1 (2) SUNSET.—The requirement in paragraph 

2 (1) shall cease on the date the Shallow Water Com3 bat Submersible has completed operational testing 

4 and has been found to be operationally effective and 

5 operationally suitable. 

6 SEC. 154. AC–130 AIRCRAFT ELECTRO-OPTICAL AND INFRA7 RED SENSORS. 

8 (a) ADDITIONAL AMOUNT FOR PROCUREMENT, DE9 FENSE-WIDE.—The amount authorized to be appropriated 

10 for fiscal year 2013 by section 101 is hereby increased 

11 by $6,000,000, with the amount of the increase to be 

12 available for amounts authorized to be appropriated by 

13 that section and available for procurement, Defense-wide, 

14 other procurement programs, line 079, Combat mission re15 quirements, as specified in the funding table in section 

16 4101. 

17 (b) AVAILABILITY OF AMOUNT.—To the extent pro18 vided in appropriations Acts, the amount authorized and 

19 made available by subsection (a) may be obligated and ex20 pended for a new program to procure color electro-optical 

21 and infrared imaging sensors for AC–130 aircraft used by 

22 the United States Special Operations Command in ongo23 ing contingency operations. 
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

7 Funds are hereby authorized to be appropriated for 

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

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

10 in the funding table in section 4201. 

11 Subtitle B—Program Require12 ments, Restrictions, and Limita13 tions 

14 SEC. 211. NEXT GENERATION FOUNDRY FOR THE DEFENSE 

15 MICROELECTRONICS ACTIVITY. 

16 Amounts authorized to be appropriated for fiscal year 

17 2013 by section 201 and available for research, develop18 ment, test, and evaluation for the Next Generation Found19 ry for the Defense Microelectronics Activity (DMEA) (PE 

20 #603720S) as specified in the funding table in section 

21 4201 may not be obligated or expended for that purpose 

22 until 60 days after the date on which the Assistant Sec23 retary of Defense for Research and Engineering— 

24 (1) develops a microelectronics strategy as de25 scribed in the Senate report to accompany S. 1235 
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1 of the 112th Congress (S. Rept. 112–26) and an es2 timate of the full life-cycle costs for the upgrade of 

3 the Next Generation Foundry; and 

4 (2) submits the strategy and cost estimate re5 quired by paragraph (1) to the congressional defense 

6 committees. 

7 SEC. 212. ADVANCED ROTORCRAFT INITIATIVE. 

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

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

10 of Defense for Acquisition, Technology, and Logistics 

11 shall, in consultation with the military departments, the 

12 Defense Advanced Research Projects Agency, and indus13 try (including the Vertical Lift Consortium (VLC)), sub14 mit to the congressional defense committees a report set15 ting forth a strategy for the use of integrated platform 

16 design teams and agile prototyping approaches for the de17 velopment of advanced rotorcraft capabilities. 

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

19 (a) shall include the following: 

20 (1) Mechanisms for establishing agile proto21 typing practices and programs, including rotorcraft 

22 X-planes, and an identification of the resources re23 quired for such purposes. 

24 (2) A restructuring of the Joint Multi-role 

25 (JMR) development program of the Army to include 
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1 more technology demonstration platforms with chal2 lenge goals of significant reductions in cost and time 

3 to flight. 

4 (3) A restructuring of the X-Plane Rotorcraft 

5 program of the Defense Advanced Research Projects 

6 Agency to develop performance objectives beyond the 

7 Joint Multi-role development program, including at 

8 least two competing teams. 

9 (4) Approaches, including competitive prize 

10 awards, to encourage the development of advanced 

11 rotorcraft capabilities to address challenge problems 

12 such as nap-of-earth automated flight, urban oper13 ation near buildings, slope landings, automated auto14 rotation or power-off recovery, and automated selec15 tion of landing areas. 

16 SEC. 213. TRANSFER OF CERTAIN FISCAL YEAR 2012 NAVY 

17 RESEARCH, DEVELOPMENT, TEST, AND EVAL18 UATION FUNDS. 

19 (a) IN GENERAL.—To the extent provided in appro20 priations Acts, the Secretary of the Navy may transfer 

21 from fiscal year 2012 Navy research, development, test, 

22 and evaluation funds, $8,832,000 to other, higher priority 

23 programs of the Navy. 

24 (b) COVERED FUNDS.—For purposes of this section, 

25 the term ‘‘fiscal year 2012 Navy research, development, 
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1 test, and evaluation funds’’ means amounts authorized to 

2 be appropriated for fiscal year 2012 by section 201 of the 

3 National Defense Authorization Act for Fiscal Year 2012 

4 (Public Law 112–81; 125 Stat. 1329) and available for 

5 Research, Development, Test, and Evaluation, Navy as 

6 specified in the funding table in section 4201 of that Act. 

7 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

8 transfer made from one account to another under the au9 thority of this section shall be deemed to increase the 

10 amount authorized for the account to which the amount 

11 is transferred by an amount equal to the amount trans12 ferred. 

13 (d) CONSTRUCTION OF AUTHORITY.—The transfer 

14 authority in this section is in addition to any other trans15 fer authority provided in this Act. 

16 SEC. 214. AUTHORITY FOR DEPARTMENT OF DEFENSE LAB17 ORATORIES TO ENTER INTO EDUCATION 

18 PARTNERSHIPS WITH EDUCATIONAL INSTI19 TUTIONS IN UNITED STATES TERRITORIES 

20 AND POSSESSIONS. 

21 (a) AUTHORITY.—Subsection (a) of section 2194 of 

22 title 10, United States Code, is amended by inserting ‘‘, 

23 the Commonwealth of Puerto Rico, the Commonwealth of 

24 the Northern Mariana Islands, and any possession of the 

25 United States’’ after ‘‘institutions of the United States’’. 
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1 (b) TECHNICAL AMENDMENT.—Subsection (f)(2) of 

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

3 before the period. 

4 SEC. 215. TRANSFER OF CERTAIN FISCAL YEAR 2012 AIR 

5 FORCE RESEARCH, DEVELOPMENT, TEST, 

6 AND EVALUATION FUNDS. 

7 (a) IN GENERAL.—To the extent provided in appro8 priations Acts, the Secretary of the Air Force may trans9 fer from fiscal year 2012 Air Force research, development, 

10 test, and evaluation funds, $78,426,000 to other, higher 

11 priority programs of the Air Force. 

12 (b) COVERED FUNDS.—For purposes of this section, 

13 the term ‘‘fiscal year 2012 Air Force research, develop14 ment, test, and evaluation funds’’ means amounts author15 ized to be appropriated for fiscal year 2012 by section 201 

16 of the National Defense Authorization Act for Fiscal Year 

17 2012 (Public Law 112–81; 125 Stat. 1329) and available 

18 for Research, Development, Test, and Evaluation, Air 

19 Force as specified in the funding table in section 4201 

20 of that Act. 

21 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

22 transfer made from one account to another under the au23 thority of this section shall be deemed to increase the 

24 amount authorized for the account to which the amount 
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1 is transferred by an amount equal to the amount trans2 ferred. 

3 (d) CONSTRUCTION OF AUTHORITY.—The transfer 

4 authority in this section is in addition to any other trans5 fer authority provided in this Act. 

6 SEC. 216. RELOCATION OF C–BAND RADAR FROM ANTIGUA 

7 TO H.E. HOLT STATION IN WESTERN AUS8 TRALIA TO ENHANCE SPACE SITUATIONAL 

9 AWARENESS CAPABILITIES. 

10 To the extent provided in appropriations Acts, of the 

11 amounts authorized to be appropriated for fiscal year 

12 2013 by section 201 and available for research, develop13 ment, test, and evaluation for Space Situation Awareness 

14 Systems (PE 0604425F) for System Development and 

15 Demonstration as specified in the funding table in section 

16 4201, $3,000,000 may be obligated and expended for a 

17 new program for the relocation and research and develop18 ment activities to enhance Space Situational Awareness 

19 capabilities through— 

20 (1) the repurposing of the C–Band Radar at 

21 Antigua; 

22 (2) the relocation of that radar to the H.E. 

23 Holt Station in Western Australia; 
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1 (3) upgrades of the hardware and software of 

2 that radar to meet Space Situational Awareness mis3 sion needs; 

4 (4) operational testing of that radar; and 

5 (5) transfer of jurisdiction of that radar to the 

6 Air Force Space Command for operations and 

7 sustainment by September 30, 2016. 

8 SEC. 217. DETAILED DIGITAL RADIO FREQUENCY MODULA9 TION COUNTERMEASURES STUDIES AND SIM10 ULATIONS. 

11 (a) ADDITIONAL AMOUNT FOR RDT&E, ARMY.—The 

12 amount authorized to be appropriated for fiscal year 2013 

13 by section 201 is hereby increased by $38,000,000, with 

14 the amount of the increase to be available for amounts 

15 authorized to be appropriated by that section and available 

16 for research, development, test, and evaluation, Army, for 

17 system development and demonstration (PE 0605457A) 

18 Army Integrated Air and Missile Defense (AIAMD), as 

19 specified in the funding table in section 4201. 

20 (b) AVAILABILITY OF AMOUNT.—To the extent pro21 vided in appropriations Acts, the amount authorized and 

22 made available by subsection (a) may be obligated and ex23 pended for a new program to conduct detailed digital radio 

24 frequency modulation (DRFM) countermeasures studies 

25 and simulations to develop algorithms to address this 
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1 threat change in support of the accelerated fielding of a 

2 new capability in Patriot, Sentinel, and Integrated Air and 

3 Missile Defense (IAMD) for the requirements of the com4 manders of the combatant commands. 

5 Subtitle C—Missile Defense 

6 Matters 

7 SEC. 231. HOMELAND BALLISTIC MISSILE DEFENSE. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 

10 (1) The Ballistic Missile Defense Review of 

11 February 2010 stated as its first policy priority that 

12 ‘‘the United States will continue to defend the home13 land against the threat of limited ballistic missile at14 tack’’ and that ‘‘an essential element of the United 

15 States’ homeland ballistic missile defense strategy is 

16 to hedge against future uncertainties, including both 

17 the uncertainty of future threat capabilities and the 

18 technical risks inherent to our own development 

19 plans’’. 

20 (2) The United States currently has an oper21 ational Ground-based Midcourse Defense (GMD) 

22 system with 30 Ground-Based Interceptors (GBIs) 

23 deployed in Alaska and California, protecting the 

24 United States against the potential future threat of 
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1 limited ballistic missile attack from countries such 

2 as North Korea and Iran. 

3 (3) As Deputy Assistant Secretary of Defense 

4 for Nuclear and Missile Defense Policy Bradley Rob5 erts testified before the Committee on Armed Serv6 ices of the Senate on April 25, 2012, ‘‘[w]ith 30 

7 GBIs in place, the United States is in an advan8 tageous position vis-a`-vis the threats from North 

9 Korea and Iran,’’ and ‘‘neither has successfully test10 ed an ICBM or demonstrated an ICBM-class war11 head’’. 

12 (4) Deputy Assistant Secretary Roberts testi13 fied that maintaining this advantageous position 

14 ‘‘requires continued improvement to the GMD sys15 tem, including enhanced performance by the GBIs 

16 and the deployment of new sensors. It also requires 

17 the development of the Precision Tracking Space 

18 System (PTSS) to handle larger raid sizes and the 

19 Standard Missile-3 (SM–3) Block IIB as the ICBM 

20 threat from states like Iran and North Korea ma21 tures. These efforts will help to ensure that the 

22 United States possesses the capability to counter the 

23 projected threat for the foreseeable future’’. 

24 (5) As its highest priority, the Missile Defense 

25 Agency is designing a correction to the problem that 
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1 caused a December 2010 flight test failure of the 

2 Ground-based Midcourse Defense system using the 

3 Capability Enhancement II (CE–II) model of exo-at4 mospheric kill vehicle, and plans to demonstrate the 

5 correction in two flight tests before resuming pro6 duction or assembly of additional Capability En7 hancement II kill vehicles. 

8 (6) The Department of Defense has a program 

9 to improve the performance and reliability of the 

10 Ground-based Midcourse Defense system, including 

11 a plan to test every component of the Ground-Based 

12 Interceptors for reliability. According to Department 

13 of Defense officials, the goal of the Ground-Based 

14 Interceptor reliability program is to double the num15 ber of threat Intercontinental Ballistic Missiles 

16 (ICBMs) that our current inventory of Ground17 Based Interceptors could defeat, thereby effectively 

18 doubling the capability of our current Ground-based 

19 Midcourse Defense system. 

20 (7) The Missile Defense Agency, working with 

21 the Director of Operational Test and Evaluation and 

22 with United States Strategic Command, has devel23 oped a comprehensive Integrated Master Test Plan 

24 (IMTP) for missile defense, with flight tests for the 

25 Ground-based Midcourse Defense system planned 
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1 through fiscal year 2022, including salvo testing, 

2 multiple simultaneous engagement testing, and oper3 ational testing. 

4 (8) The Director of Operational Test and Eval5 uation, who must review, approve, and sign each 

6 semi-annual version of the Integrated Master Test 

7 Plan, testified that the Test Plan is ‘‘a robust and 

8 rigorous test plan’’. He also testified that the cur9 rent pace of Ground-based Midcourse Defense sys10 tem testing of one flight test per year is the ‘‘best 

11 that we’ve been able to achieve over a decade’’. 

12 (9) The Director of the Missile Defense Agency 

13 testified before the Committee on Armed Services of 

14 the Senate on April 25, 2012, that flight testing the 

15 Ground-based Midcourse Defense system more often 

16 than once per year could cause ‘‘greater risk of fur17 ther failure and setbacks to developing our homeland 

18 defense capability as rapidly as possible’’. 

19 (10) As part of its homeland defense hedging 

20 strategy, the Department of Defense has already de21 cided upon or implemented a number of actions to 

22 improve the missile defense posture of the United 

23 States in case the threat of Intercontinental Ballistic 

24 Missiles from North Korea or Iran emerges sooner 
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1 or in greater numbers than anticipated. These in2 clude the following actions: 

3 (A) The Missile Defense Agency has com4 pleted construction of Missile Field-2 at Fort 

5 Greely, Alaska, with eight extra silos available 

6 to deploy additional operational Ground-Based 

7 Interceptors, if needed. 

8 (B) With its request for 5 additional 

9 Ground-Based Interceptors in the budget of the 

10 President for fiscal year 2013, the Missile De11 fense Agency plans to have enough test and 

12 spare Ground-Based Interceptors to emplace in 

13 the 8 extra silos from 2014 through 2025, and 

14 will keep the Ground-Based Interceptor produc15 tion line active for 5 additional years, thus al16 lowing additional Ground-Based Interceptor 

17 purchases in the future, if needed. 

18 (C) The Department has decided not to 

19 decommission prototype Missile Field-1 at Fort 

20 Greely but, instead, to keep it in a storage sta21 tus that would permit it to be refurbished and 

22 reactivated within a few years if future threat 

23 developments make that necessary. 

24 (D) The Missile Defense Agency plans to 

25 build an in-flight interceptor communications 
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1 terminal at Fort Drum, New York, to enhance 

2 the performance of Ground-Based Interceptors 

3 defending the eastern United States against 

4 possible future missile threats from Iran. 

5 (E) The Missile Defense Agency is con6 tinuing the development and testing of the two7 stage Ground-Based Interceptor for possible de8 ployment in the future, if needed. 

9 (F) The Missile Defense Agency is upgrad10 ing early warning radars in Clear, Alaska, and 

11 Cape Cod, Massachusetts, to enhance the abil12 ity to defend against potential multiple future 

13 Intercontinental Ballistic Missile threats from 

14 North Korea and Iran. 

15 (G) The Missile Defense Agency is pur16 suing development of the Standard Missile-3 

17 Block IIB interceptor for Phase 4 of the Euro18 pean Phased Adaptive Approach. It is intended 

19 to augment the Ground-based Midcourse De20 fense system as a cost-effective first layer of de21 fense of the homeland against a possible future 

22 Intercontinental Ballistic Missile threat from 

23 Iran. 

24 (H) The Missile Defense Agency is pur25 suing development of the Precision Tracking 
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1 Space System, a satellite sensor system to pro2 vide persistent tracking of large numbers of 

3 missiles in flight, and fire-control quality tar4 geting data to various missile defense inter5 ceptor systems. According to the Director of the 

6 Missile Defense Agency, ‘‘the greatest future 

7 enhancement for both homeland and regional 

8 defense in the next ten years is the development 

9 of the Precision Tracking Space System sat10 ellites’’. 

11 (11) As part of its homeland defense hedging 

12 strategy review, the Department of Defense is con13 sidering other options to enhance the future United 

14 States posture to defend the homeland, including the 

15 feasibility, advisability and affordability of deploying 

16 additional Ground-Based Interceptors, either in 

17 Alaska or at a missile defense site on the East Coast 

18 of the United States. 

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that— 

21 (1) it is a national priority to defend the home22 land against the potential future threat of limited 

23 ballistic missile attack from countries such as North 

24 Korea and Iran; 
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1 (2) the currently deployed Ground-based Mid2 course Defense system, with 30 Ground-Based Inter3 ceptors deployed in Alaska and California, provides 

4 protection of the United States homeland against 

5 the potential future threat of limited ballistic missile 

6 attack from North Korea and Iran; 

7 (3) it is essential for the Ground-based Mid8 course Defense system to achieve the levels of reli9 ability, availability, sustainability, and operational 

10 performance that will allow it to continue providing 

11 protection of the United States homeland against 

12 limited ballistic missile attack; 

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

14 highest priority, correct the problem that caused the 

15 December 2010 Ground-based Midcourse Defense 

16 system flight test failure and demonstrate the cor17 rection in flight tests before resuming production of 

18 the Capability Enhancement-II kill vehicle, in order 

19 to provide confidence that the system will work as 

20 intended; 

21 (5) the Department of Defense should continue 

22 to enhance the performance and reliability of the 

23 Ground-based Midcourse Defense system, and en24 hance the capability of the Ballistic Missile Defense 

25 System, to provide improved capability to defend the 
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1 homeland against possible increased future missile 

2 threats from North Korea and Iran; 

3 (6) the Missile Defense Agency should continue 

4 its robust, rigorous, and realistic testing of the 

5 Ground-based Midcourse Defense system at a pace 

6 of one flight test per year, as described in the Inte7 grated Master Test Plan, including salvo testing, 

8 multiple simultaneous engagement testing, and oper9 ational testing; 

10 (7) if successfully developed, the Standard Mis11 sile-3 Block IIB interceptor would provide an essen12 tial first layer of defense of the homeland against an 

13 emerging Intercontinental Ballistic Missile threat 

14 from Iran, using a cost-effective forward-based early 

15 intercept system that could permit holding Ground16 Based Interceptors in reserve, and if such inter17 ceptor could be deployed on ships, it would also pro18 vide a significant enhancement to defense against 

19 possible future threats from North Korea; 

20 (8) the Precision Tracking Space System has 

21 the potential to improve dramatically the capability 

22 of homeland and regional missile defense systems 

23 against large numbers of missiles launched simulta24 neously, and should remain a high priority for devel25 opment; 
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1 (9) the Department of Defense has taken a 

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

3 operationally significant steps to hedge against the 

4 possibility of future growth in the missile threat to 

5 the homeland from North Korea and Iran; and 

6 (10) the Department of Defense should con7 tinue to evaluate the evolution of the long-range mis8 sile threat from North Korea and Iran and consider 

9 other possibilities for prudent, affordable, cost-effec10 tive, and operationally significant steps to improve 

11 the posture of the United States to defend the home12 land against possible future growth in the threat. 

13 (c) REPORT.— 

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

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 on the status of 

18 efforts to improve the homeland ballistic missile de19 fense capability of the United States. 

20 (2) ELEMENTS OF REPORT.—The report re21 quired by paragraph (1)) shall include the following: 

22 (A) A detailed description of the actions 

23 taken or planned to improve the reliability, 

24 availability, and capability of the Ground-based 

25 Midcourse Defense system. 
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1 (B) A description of any improvements 

2 achieved as a result of the actions described in 

3 subparagraph (A). 

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

5 planned flight tests of the Ground-based Mid6 course Defense system (Control Test Vehicle 

7 flight test-1, and GMD Flight Test–06b) in8 tended to demonstrate the success of the correc9 tion of the problem that caused the flight test 

10 failure of December 2010, and the status of 

11 any decision to resume production of the Capa12 bility Enhancement-II kill vehicle. 

13 (D) A detailed description of actions taken 

14 or planned to improve the homeland defense 

15 posture of the United States to hedge against 

16 potential future Intercontinental Ballistic Mis17 sile threat growth from North Korea and Iran. 

18 (E) Any other matters the Secretary con19 siders appropriate. 

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

21 submitted in unclassified form, but may include a 

22 classified annex. 

23 SEC. 232. REGIONAL BALLISTIC MISSILE DEFENSE. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 
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1 (1) In the introduction to the Ballistic Missile 

2 Defense Review of February 2010, Secretary of De3 fense Robert Gates states that ‘‘I have made defend4 ing against near-term regional threats a top priority 

5 of our missile defense plans, programs and capabili6 ties’’. 

7 (2) In describing the threat of regional ballistic 

8 missiles, the report of the Ballistic Missile Defense 

9 Review states that ‘‘there is no uncertainty about 

10 the existence of regional threats. They are clear and 

11 present. The threat from short-range, medium12 range, and intermediate-range ballistic missiles 

13 (SRBMs, MRBMs, and IRBMs) in regions where 

14 the United States deploys forces and maintains secu15 rity relationships is growing at a particularly rapid 

16 pace’’. 

17 (3) In testimony before the Committee on 

18 Armed Services of the Senate on April 25, 2012, Dr. 

19 Bradley Roberts, Deputy Assistant Secretary of De20 fense for Nuclear and Missile Defense Policy stated, 

21 with respect to regional missile defense, that ‘‘the 

22 need arises from the rapidly emerging threats to our 

23 armed forces in Europe, the Middle East, and East 

24 Asia from regional missile proliferators and the basic 

25 challenge such proliferation poses to the safety and 
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1 security of our forces and allies and to our power 

2 projection strategy’’. 

3 (4) Iran has the largest inventory of regional 

4 ballistic missiles in the Middle East, with hundreds 

5 of missiles that can reach southeastern Europe and 

6 all of the Middle East, including Israel. Iran is im7 proving its existing missiles and developing new and 

8 longer-range missiles. 

9 (5) North Korea has a large and growing inven10 tory of short-range and medium-range ballistic mis11 siles that can reach United States forces and allies 

12 in South Korea and Japan. North Korea is improv13 ing its existing missiles and developing new and 

14 longer-range missiles. 

15 (6) In September 2009, President Barack 

16 Obama announced that he had accepted the unani17 mous recommendation of the Secretary of Defense 

18 and the Joint Chiefs of Staff to establish a Euro19 pean Phased Adaptive Approach to missile defense, 

20 designed to protect deployed United States forces 

21 and allies and partners in Europe against the large 

22 and growing threat of ballistic missiles from Iran. 

23 (7) In November 2010, at the Lisbon Summit, 

24 the North Atlantic Treaty Organization (NATO) de25 cided to adopt the core mission of missile defense of 
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1 its population, territory and forces. The North At2 lantic Treaty Organization agreed to enhance its 

3 missile defense command and control system, the 

4 Active Layered Theater Ballistic Missile Defense, to 

5 provide a North Atlantic Treaty Organization com6 mand and control capability. This is in addition to 

7 contributions of missile defense capability from indi8 vidual nations. 

9 (8) During 2011, the United States successfully 

10 implemented Phase 1 of the European Phased 

11 Adaptive Approach, including deployment of an AN/ 

12 TPY–2 radar in Turkey, deployment of an Aegis 

13 Ballistic Missile Defense ship in the eastern Medi14 terranean Sea with Standard Missile-3 Block IA 

15 interceptors, and establishment of a missile defense 

16 command and control system in Germany. 

17 (9) During 2011, the United States successfully 

18 negotiated all the international agreements with 

19 North Atlantic Treaty Organization allies needed to 

20 permit future phases of the European Phased 

21 Adaptive Approach, including agreements with Ro22 mania and Poland to permit the deployment of Aegis 

23 Ashore missile defense systems on their territory, an 

24 agreement with Turkey to permit deployment of an 

25 AN/TPY–2 radar on its territory, and an agreement 
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1 with Spain to permit the forward stationing of four 

2 Aegis Ballistic Missile Defense ships at Rota. 

3 (10) Phase 2 of the European Phased Adaptive 

4 Approach is planned for deployment in 2015, and is 

5 planned to include the deployment of Standard Mis6 sile-3 Block IB interceptors on Aegis Ballistic Mis7 sile Defense ships and at an Aegis Ashore site in 

8 Romania. 

9 (11) Phase 3 of the European Phased Adaptive 

10 Approach is planned for deployment in 2018, and is 

11 planned to include the deployment of Standard Mis12 sile-3 Block IIA interceptors on Aegis Ballistic Mis13 sile Defense ships and at an Aegis Ashore site in Po14 land. 

15 (12) Phase 4 of the European Phased Adaptive 

16 Approach is planned for deployment in 2020, and is 

17 planned to include the deployment of Standard Mis18 sile-3 Block IIB interceptors at Aegis Ashore sites. 

19 This interceptor is intended to protect both Europe 

20 and the United States against potential future long21 range ballistic missiles from Iran. 

22 (13) At the North Atlantic Treaty Organization 

23 Summit in Chicago in 2012, the North Atlantic 

24 Treaty Organization plans to announce it has 

25 achieved an ‘‘interim capability’’ for the North At-
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1 lantic Treaty Organization missile defense system, 

2 including initial capability of its Active Layered The3 ater Ballistic Missile Defense system at a command 

4 and control facility in Germany. 

5 (14) The United States has a robust program 

6 of missile defense cooperation with Israel, including 

7 joint development of the Arrow Weapon System and 

8 the new Arrow-3 upper tier interceptor, designed to 

9 defend Israel against ballistic missiles from Iran. 

10 These jointly developed missile defense systems are 

11 designed to be interoperable with United States bal12 listic missile defenses, and these interoperable sys13 tems are tested in large military exercises. The 

14 United States has deployed an AN/TPY–2 radar in 

15 Israel to enhance missile defense against missiles 

16 from Iran. 

17 (15) The United States is working with the na18 tions of the Gulf Cooperation Council on enhanced 

19 national and regional missile defense capabilities 

20 against growing missile threats from Iran. As part 

21 of this effort, the United Arab Emirates plans to 

22 purchase two batteries of the Terminal High Alti23 tude Air Defense (THAAD) system, as well as other 

24 equipment. 
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1 (16) The United States has a strong program 

2 of missile defense cooperation with Japan, including 

3 the co-development of the Standard Missile-3 (SM– 

4 3) Block IIA interceptor for the Aegis Ballistic Mis5 sile Defense system, intended to be deployed by 

6 Japan and in Phase 3 of the European Phased 

7 Adaptive Approach, Japan’s fleet of Aegis Ballistic 

8 Missile Defense ships using the SM–3 Block IA 

9 interceptors, and the United States deployment of 

10 an AN/TPY–2 radar in Japan. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) the threat from regional ballistic missiles, 

14 particularly from Iran and North Korea, is serious 

15 and growing, and puts at risk forward-deployed 

16 United States forces and allies and partners in Eu17 rope, the Middle East, and the Asia-Pacific region; 

18 (2) the Department of Defense has an obliga19 tion to provide force protection of forward-deployed 

20 United States forces, assets, and facilities from re21 gional ballistic missile attack; 

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

23 its security commitments to its allies, including bal24 listic missile defense commitments; 
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1 (4) the Department of Defense has a balanced 

2 program of investment and capabilities to provide 

3 for both homeland defense and regional defense 

4 against ballistic missiles, consistent with the Bal5 listic Missile Defense Review and with the prioritized 

6 and integrated needs of the commanders of the com7 batant commands; 

8 (5) the European Phased Adaptive Approach to 

9 missile defense is an appropriate and necessary re10 sponse to the existing and growing ballistic missile 

11 threat from Iran to forward deployed United States 

12 forces and allies and partners in Europe; 

13 (6) the Department of Defense— 

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

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

16 of the European Phased Adaptive Approach, in17 cluding all variants of the Standard Missile-3 

18 interceptor; and 

19 (B) should also continue with its other 

20 phased and adaptive regional missile defense ef21 forts tailored to the Middle East and the Asia22 Pacific region; 

23 (7) European members of the North Atlantic 

24 Treaty Organization are making valuable contribu25 tions to missile defense in Europe, by hosting ele-
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1 ments of United States missile defense systems on 

2 their territories, through individual national con3 tributions to missile defense capability, and by col4 lective funding and development of the Active Lay5 ered Theater Ballistic Missile Defense system; and 

6 (8) the Department of Defense should continue 

7 with the development of the key enablers of en8 hanced regional missile defense, including the Preci9 sion Tracking Space System. 

10 (c) REPORT.— 

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

12 after the date of enactment of this Act, the Sec13 retary of Defense shall submit to the congressional 

14 defense committees a report describing the status 

15 and progress of regional missile defense programs 

16 and efforts. 

17 (2) ELEMENTS OF REPORT.—The report re18 quired by paragraph (1) shall include the following: 

19 (A) An assessment of the adequacy of the 

20 existing and planned European Phased Adapt21 ive Approach to provide force protection for for22 ward deployed United States forces in Europe 

23 against ballistic missile threats from Iran, and 

24 an assessment whether adequate force protec-
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1 tion would be available absent the European 

2 Phased Adaptive Approach. 

3 (B) An assessment whether the European 

4 Phased Adaptive Approach and other planned 

5 regional missile defense approaches of the 

6 United States meet the integrated priorities of 

7 the commanders of the regional combatant com8 mands in an affordable and balanced manner. 

9 (C) A description of the progress made in 

10 the development and testing of elements of sys11 tems intended for deployment in Phases 2 

12 through 4 of the European Phased Adaptive 

13 Approach, including the Standard Missile-3 

14 Block IB interceptor and the Aegis Ashore sys15 tem. 

16 (D) A description of the manner in which 

17 elements of regional missile defense architec18 tures, such as forward-based X-band radars in 

19 Turkey and Japan, contribute to the enhance20 ment of homeland defense of the United States. 

21 (E) A description of the current and 

22 planned contributions of North Atlantic Treaty 

23 Organization allies, both collectively and indi24 vidually, to missile defense in Europe. 
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1 (3) FORM.—The report required by paragraph 

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

3 include a classified annex. 

4 SEC. 233. MISSILE DEFENSE COOPERATION WITH RUSSIA. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) For more than a decade, the United States 

8 and Russia have discussed a variety of options for 

9 cooperation on shared early warning and ballistic 

10 missile defense. For example, on May 1, 2001, 

11 President George W. Bush spoke of a ‘‘new coopera12 tive relationship’’ with Russia and said ‘‘it should be 

13 premised on openness, mutual confidence and real 

14 opportunities for cooperation, including the area of 

15 missile defense. It should allow us to share informa16 tion so that each nation can improve its early warn17 ing capability, and its capability to defend its people 

18 and territory. And perhaps one day, we can even co19 operate in a joint defense’’. 

20 (2) Section 1231 of the Floyd D. Spence Na21 tional Defense Authorization Act for Fiscal Year 

22 2001 (as enacted into law by Public Law 106–398; 

23 1654A–329) authorized the Department of Defense 

24 to establish in Russia a ‘‘joint center for the ex25 change of data from systems to provide early warn-
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1 ing of launches of ballistic missiles and for notifica2 tion of launches of such missiles’’, also known as the 

3 Joint Data Exchange Center (JDEC). 

4 (3) On March 31, 2008, Deputy Secretary of 

5 Defense Gordon England stated that ‘‘we have of6 fered Russia a wide-ranging proposal to cooperate 

7 on missile defense—everything from modeling and 

8 simulation, to data sharing, to joint development of 

9 a regional missile defense architecture—all designed 

10 to defend the United States, Europe, and Russia 

11 from the growing threat of Iranian ballistic missiles. 

12 An extraordinary series of transparency measures 

13 have also been offered to reassure Russia. Despite 

14 some Russian reluctance to sign up to these coopera15 tive missile defense activities, we continue to work 

16 toward this goal’’. 

17 (4) On July 6, 2009, President Barack Obama 

18 and Russian President Dmitry Medvedev issued a 

19 joint statement on missile defense issues, which stat20 ed that ‘‘Russia and the United States plan to con21 tinue the discussion concerning the establishment of 

22 cooperation in responding to the challenge of bal23 listic missile proliferation. . . We have instructed our 

24 experts to work together to analyze the ballistic mis-
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1 sile challenges of the 21st century and to prepare 

2 appropriate recommendations’’. 

3 (5) The February 2010 report of the Ballistic 

4 Missile Defense Review established as one of its cen5 tral policy pillars that increased international missile 

6 defense cooperation is in the national security inter7 est of the United States and, with regard to coopera8 tion with Russia, the United States ‘‘is pursuing a 

9 broad agenda focused on shared early warning of 

10 missile launches, possible technical cooperation, and 

11 even operational cooperation’’. 

12 (6) at the November 2010 Lisbon Summit, the 

13 North Atlantic Treaty Organization (NATO) decided 

14 to develop a missile defense system to ‘‘protect 

15 NATO European populations, territory and forces’’ 

16 and also to seek cooperation with Russia on missile 

17 defense. In its Lisbon Summit Declaration, the 

18 North Atlantic Treaty Organization reaffirmed its 

19 readiness to ‘‘invite Russia to explore jointly the po20 tential for linking current and planned missile 

21 defence systems at an appropriate time in mutually 

22 beneficial ways’’. The new NATO Strategic Concept 

23 adopted at the Lisbon Summit states that ‘‘we will 

24 actively seek cooperation on missile defense with 

25 Russia’’, that ‘‘NATO-Russia cooperation is of stra-
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1 tegic importance’’, and that ‘‘the security of the 

2 North Atlantic Treaty Organization and Russia is 

3 intertwined’’. 

4 (7) In a December 18, 2010, letter to the lead5 ership of the Senate, President Obama wrote that 

6 the North Atlantic Treaty Organization ‘‘invited 

7 Russia to cooperate on missile defense, which could 

8 lead to adding Russian capabilities to those deployed 

9 by NATO to enhance our common security against 

10 common threats. The Lisbon Summit thus dem11 onstrated that the Alliance’s missile defenses can be 

12 strengthened by improving NATO-Russian relations. 

13 This comes even as we have made clear that the sys14 tem we intend to pursue with Russia will not be a 

15 joint system, and it will not in any way limit United 

16 States’ or NATO’s missile defense capabilities. Ef17 fective cooperation with Russia could enhance the 

18 overall efficiency of our combined territorial missile 

19 defenses, and at the same time provide Russia with 

20 greater security’’. 

21 (8) Section 221(a)(3) of the Ike Skelton Na22 tional Defense Authorization Act for Fiscal Year 

23 2011 (Public Law 111–383; 124 Stat. 4167) states 

24 that it is the sense of Congress ‘‘to support the ef25 forts of the United States Government and the 
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1 North Atlantic Treaty Organization to pursue co2 operation with the Russian Federation on ballistic 

3 missile defense relative to Iranian missile threats’’. 

4 (9) In a speech in Russia on March 21, 2011, 

5 Secretary of Defense Robert Gates cited ‘‘the 

6 NATO-Russian decision to cooperate on defense 

7 against ballistic missiles. We’ve disagreed before, 

8 and Russia still has uncertainties about the Euro9 pean Phased Adaptive Approach, a limited system 

10 that poses no challenges to the large Russian nu11 clear arsenal. However, we’ve mutually committed to 

12 resolving these difficulties in order to develop a 

13 roadmap toward truly effective anti-ballistic missile 

14 collaboration. This collaboration may include ex15 changing launch information, setting up a joint data 

16 fusion center, allowing greater transparency with re17 spect to our missile defense plans and exercises, and 

18 conducting a joint analysis to determine areas of fu19 ture cooperation’’. 

20 (10) In testimony to the Committee on Armed 

21 Services of the Senate on April 13, 2011, Deputy 

22 Assistant Secretary of Defense for Nuclear and Mis23 sile Defense Policy Bradley H. Roberts stated that 

24 the United States has been pursuing a Defense 

25 Technology Cooperation Agreement with Russia 
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1 since 2004, and that such an agreement is necessary 

2 ‘‘for the safeguarding of sensitive information in 

3 support of cooperation’’ on missile defense, and to 

4 ‘‘provide the legal framework for undertaking coop5 erative efforts’’. Further, Dr. Roberts stated that 

6 the United States would not provide any classified 

7 information to Russia without first conducting a Na8 tional Disclosure Policy review. He also stated that 

9 the United States is not considering sharing ‘‘hit-to10 kill’’ technology with Russia. 

11 (11) In a March 2012 answer to a question 

12 from the Committee on Armed Services of the Sen13 ate on missile defense cooperation with Russia, Act14 ing Under Secretary of Defense for Policy Jim Mil15 ler wrote that ‘‘I support U.S.-Russian cooperation 

16 on missile defenses first and foremost because it 

17 could improve the effectiveness of U.S. and NATO 

18 missile defenses, thereby improving the protection of 

19 the United States, our forces overseas, and our Al20 lies. Missile defense cooperation with Russia is in 

21 the security interests of the United States, NATO, 

22 and Russia, first and foremost because it could 

23 strengthen capabilities across Europe to intercept 

24 Iranian missiles’’. He also wrote that ‘‘[t]he United 

25 States has pursued missile defense cooperation with 
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1 Russia with the clear understanding that we would 

2 not accept constraints on missile defense, and that 

3 we would undertake necessary qualitative and quan4 titative improvements to meet U.S. Security needs’’. 

5 (12) In February 2012, an international group 

6 of independent experts known as the Euro-Atlantic 

7 Security Initiative issued a report proposing missile 

8 defense cooperation between the United States (with 

9 its North Atlantic Treaty Organization allies) and 

10 Russia. The group, whose leaders included Stephen 

11 Hadley, the National Security Advisor to President 

12 George W. Bush, proposed that the nations share 

13 satellite and radar early warning data at joint co14 operation centers in order to improve their ability to 

15 detect, track, and defeat medium-range and inter16 mediate-range ballistic missiles from the Middle 

17 East. 

18 (13) In a letter dated April 13, 2012, Robert 

19 Nabors, Assistant to the President and Director of 

20 the Office of Legislative Affairs, wrote that ‘‘it is 

21 Administration policy that we will only provide infor22 mation to Russia that will enhance the effectiveness 

23 of our missile defenses. The Administration will not 

24 provide Russia with sensitive information that would 
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1 in any way compromise our national security, includ2 ing hit-to-kill technology and interceptor telemetry’’. 

3 (14) The United States and Russia already en4 gage in substantial cooperation on a number of 

5 international security efforts, including nuclear non6 proliferation, anti-piracy, counter-narcotics, nuclear 

7 security, counter-terrorism, and logistics resupply 

8 through Russia of coalition forces in Afghanistan. 

9 These areas of cooperation require each side to 

10 share and protect sensitive information, which they 

11 have both done successfully. 

12 (15) The United States currently has shared 

13 early warning agreements and programs of coopera14 tion with eight nations in addition to the North At15 lantic Treaty Organization. The United States has 

16 developed procedures and mechanisms for sharing 

17 early warning information with partner nations while 

18 ensuring the protection of sensitive United States in19 formation. 

20 (16) Russia and the United States each have 

21 missile launch early warning and detection and 

22 tracking sensors that could contribute to and en23 hance each others’ ability to detect, track, an defend 

24 against ballistic missile threats from Iran. 
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1 (17) The Obama Administration has provided 

2 regular briefings to Congress on its discussions with 

3 Russia on possible missile defense cooperation. 

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

6 (1) it is in the national security interest of the 

7 United States to pursue efforts at missile defense 

8 cooperation with Russia that would enhance the se9 curity of the United States, its North Atlantic Trea10 ty Organization allies, and Russia, particularly 

11 against missile threats from Iran; 

12 (2) the United States should pursue ballistic 

13 missile defense cooperation with Russia on both a bi14 lateral basis and a multilateral basis with its North 

15 Atlantic Treaty Organization allies, particularly 

16 through the NATO-Russia Council; 

17 (3) missile defense cooperation with Russia 

18 should not ‘‘in any way limit United States’ or 

19 NATO’s missile defense capabilities’’, as acknowl20 edged in the December 18, 2010, letter from Presi21 dent Obama to the leadership of the Senate, and 

22 should be mutually beneficial and reciprocal in na23 ture; 

24 (4) the United States should not provide Russia 

25 with sensitive missile defense information that would 
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1 in any way compromise United States national secu2 rity, including ‘‘hit-to-kill’’ technology and inter3 ceptor telemetry; and 

4 (5) the United States should pursue missile de5 fense cooperation with Russia in a manner that en6 sures that— 

7 (A) United States classified information is 

8 appropriately safeguarded and protected from 

9 unauthorized disclosure; 

10 (B) prior to sharing classified information 

11 with Russia, the United States conducts a Na12 tional Disclosure Policy review and determines 

13 the types and levels of information that may be 

14 shared and whether any additional procedures 

15 are necessary to protect such information; 

16 (C) prior to entering into missile defense 

17 technology cooperation projects, the United 

18 States enters into a Defense Technology Co19 operation Agreement with Russia that estab20 lishes the legal framework for a broad spectrum 

21 of potential cooperative defense projects; and 

22 (D) such cooperation does not limit the 

23 missile defense capabilities of the United States 

24 or its North Atlantic Treaty Organization allies. 
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1 SEC. 234. NEXT GENERATION EXO-ATMOSPHERIC KILL VE2 HICLE. 

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

4 The Director of the Missile Defense Agency shall develop 

5 a long-term plan for the Exo-atmospheric Kill Vehicle 

6 (EKV) that addresses both modifications and enhance7 ments to the current Exo-atmospheric Kill Vehicle and op8 tions for the competitive development of a next generation 

9 Exo-atmospheric Kill Vehicle for the Ground-Based Inter10 ceptor (GBI) of the Ground-based Midcourse Defense 

11 (GMD) system and any other interceptor that might be 

12 developed for the defense of the United States against 

13 long-range ballistic missiles. 

14 (b) DEFINITION OF PARAMETERS AND CAPABILI15 TIES.— 

16 (1) ASSESSMENT REQUIRED.—The Director 

17 shall define the desired technical parameters and 

18 performance capabilities for a next generation Exo19 atmospheric Kill Vehicle using an assessment con20 ducted by the Director for that purpose that is de21 signed to ensure that a next generation Exo-atmos22 pheric Kill Vehicle design— 

23 (A) enables ease of manufacturing, high 

24 tolerances to production processes and supply 

25 chain variability, and inherent reliability; 
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1 (B) will be optimized to take advantage of 

2 the Ballistic Missile Defense System architec3 ture and sensor system capabilities; 

4 (C) leverages all relevant kill vehicle devel5 opment activities and technologies, including 

6 from the current Standard Missile-3 Block IIB 

7 (SM–3 IIB) program and the previous Multiple 

8 Kill Vehicle technology development program; 

9 (D) seeks to maximize, to the greatest ex10 tent practicable, commonality between sub11 systems of a next generation Exo-atmospheric 

12 Kill Vehicle and other exo-atmospheric kill vehi13 cle programs; and 

14 (E) meets Department of Defense criteria, 

15 as established in the February 2010 Ballistic 

16 Missile Defense Review, for affordability, reli17 ability, suitability, and operational effectiveness 

18 to defend against limited attacks from evolving 

19 and future threats from long-range missiles. 

20 (2) EVALUATION OF PAYLOADS.—The assess21 ment required by paragraph (1) shall include an 

22 evaluation of the potential benefits and drawbacks of 

23 options for both unitary and multiple Exo-atmos24 pheric Kill Vehicle payloads. 
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1 (3) STANDARD MISSILE-3 BLOCK IIB INTER2 CEPTOR.—As part of the assessment required by 

3 paragraph (1), the Director shall evaluate whether 

4 there are potential options and opportunities arising 

5 from the Standard Missile-3 Block IIB interceptor 

6 development program for development of an exo-at7 mospheric kill vehicle, or kill vehicle technologies or 

8 components, that could be used for potential up9 grades to the Ground-Based Interceptor or for a 

10 next generation Exo-atmospheric Kill Vehicle. 

11 (c) REPORT.— 

12 (1) IN GENERAL.—Not later than one year 

13 after the date of the enactment of this Act, the Di14 rector shall submit to the congressional defense com15 mittees a report setting forth the plan developed 

16 under subsection (a), including the results of the as17 sessment under subsection (b), and an estimate of 

18 the cost and schedule of implementing the plan. 

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

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

21 include a classified annex. 

22 SEC. 235. MODERNIZATION OF THE PATRIOT AIR AND MIS23 SILE DEFENSE SYSTEM. 

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

25 days after the date of the enactment of this Act, the Sec-
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1 retary of the Army shall submit to the congressional de2 fense committees a prioritized plan for support of the 

3 long-term requirements in connection with the moderniza4 tion of the Patriot air and missile defense system. 

5 (b) ADDITIONAL ELEMENTS.—The report required 

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

7 (1) An assessment of the integrated air and 

8 missile defense capabilities required to meet the de9 mands of evolving and emerging threats. 

10 (2) A plan for the introduction of changes to 

11 the Patriot air and missile defense system program 

12 to achieve reductions in the life-cycle cost of the Pa13 triot air and missile defense system. 

14 SEC. 236. MEDIUM EXTENDED AIR DEFENSE SYSTEM. 

15 None of the funds authorized to be appropriated by 

16 this Act or otherwise made available for fiscal year 2013 

17 for the Department of Defense may be obligated or ex18 pended for the Medium Extended Air Defense System 

19 (MEADS). 

20 SEC. 237. AVAILABILITY OF FUNDS FOR IRON DOME SHORT21 RANGE ROCKET DEFENSE PROGRAM. 

22 Of the amounts authorized to be appropriated for fis23 cal year 2013 by section 201 for research, development, 

24 test, and evaluation, Defense-wide, and available for the 

25 Missile Defense Agency, $210,000,000 may be provided 
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1 to the Government of Israel for the Iron Dome short-range 

2 rocket defense program as specified in the funding table 

3 in section 4201. 

4 SEC. 238. READINESS AND FLEXIBILITY OF INTERCONTI5 NENTAL BALLISTIC MISSILE FORCE. 

6 The Secretary of Defense may, in a manner con7 sistent with the obligations of the United States under 

8 international agreements— 

9 (1) retain intercontinental ballistic missile 

10 launch facilities currently supporting deployed stra11 tegic nuclear delivery vehicles within the limit of 800 

12 deployed and non-deployed strategic launchers; 

13 (2) maintain intercontinental ballistic missiles 

14 on alert or operationally deployed status; and 

15 (3) preserve intercontinental ballistic missile 

16 silos in operational or warm status. 

17 SEC. 239. SENSE OF CONGRESS ON THE SUBMITTAL TO 

18 CONGRESS OF THE HOMELAND DEFENSE 

19 HEDGING POLICY AND STRATEGY REPORT OF 

20 THE SECRETARY OF DEFENSE. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) Section 233 of the National Defense Au24 thorization Act for Fiscal Year 2012 (Public Law 

25 112–81; 125 Stat. 1340) requires a homeland de-
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1 fense hedging policy and strategy report from the 

2 Secretary of Defense. 

3 (2) The report was required to be submitted 

4 not later than 75 days after the date of the enact5 ment of the National Defense Authorization Act for 

6 Fiscal Year 2012, namely by March 16, 2012. 

7 (3) The Secretary of Defense has not yet sub8 mitted the report as required. 

9 (4) In March 2012, General Charles Jacoby, 

10 Jr., Commander of the United States Northern 

11 Command, the combatant command responsible for 

12 operation of the Ground-based Midcourse Defense 

13 system to defend the homeland against ballistic mis14 sile threats, testified before Congress that ‘‘I am 

15 confident in my ability to successfully defend the 

16 homeland from the current set of limited long-range 

17 ballistic missile threats’’, and that ‘‘[a]gainst current 

18 threats from the Middle East, I am confident we are 

19 well postured’’. 

20 (5) Phase 4 of the European Phased Adaptive 

21 Approach (EPAA) is intended to augment the cur22 rently deployed homeland defense capability of the 

23 Ground-based Midcourse Defense system against a 

24 potential future Iranian long-range missile threat by 
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1 deploying an additional layer of forward-deployed 

2 interceptors in Europe in the 2020 timeframe. 

3 (6) The Director of National Intelligence, 

4 James Clapper, has testified to Congress that, al5 though the intelligence community does ‘‘not know if 

6 Iran will eventually decide to build nuclear weap7 ons’’, it judges ‘‘that Iran would likely choose missile 

8 delivery as its preferred method of delivering a nu9 clear weapon’’. He also testified that ‘‘Iran already 

10 has the largest inventory of ballistic missiles in the 

11 Middle East, and it is expanding the scale, reach, 

12 and sophistication of its ballistic missile forces, 

13 many of which are inherently capable of carrying a 

14 nuclear payload’’. 

15 (7) The 2012 Annual Report to Congress on 

16 the Military Power of Iran by the Department of 

17 Defense states that, in addition to increasing its 

18 missile inventories, ‘‘Iran has boosted the lethality 

19 and effectiveness of its existing missile systems with 

20 accuracy improvements and new submunitions pay21 loads’’, and that it continues to develop missiles that 

22 can strike Israel and Eastern Europe. It also states 

23 that ‘‘Iran has launched multistage space launch ve24 hicles that could serve as a testbed for developing 

25 long-range ballistic missiles technologies’’, and that 
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1 ‘‘[w]ith sufficient foreign assistance, Iran may be 

2 technically capable of flight-testing an interconti3 nental ballistic missile by 2015’’. 

4 (8) Despite the failure of its April 2012 sat5 ellite launch attempt, North Korea warned the 

6 United States in October 2012 that the United 

7 States mainland is within range of its missiles. 

8 (9) The threat of limited ballistic missile attack 

9 against the United States homeland from countries 

10 such as North Korea and Iran is increasing. 

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

12 Congress that— 

13 (1) the homeland defense hedging policy and 

14 strategy report required by section 233 of the Na15 tional Defense Authorization Act for Fiscal Year 

16 2012 is necessary to inform Congress on options to 

17 protect the United States homeland against the 

18 evolving ballistic missile threat, including potential 

19 options prior to the deployment of Phase 4 of the 

20 European Phased Adaptive Approach to missile de21 fense; and 

22 (2) the Secretary of Defense should comply 

23 with the requirements of section 233 of the National 

24 Defense Authorization Act for Fiscal Year 2012 by 
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1 submitting the homeland defense hedging policy and 

2 strategy report to Congress. 

3 Subtitle D—Reports 

4 SEC. 251. MISSION PACKAGES FOR THE LITTORAL COMBAT 

5 SHIP. 

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

7 2013, the Secretary of the Navy shall, in consultation with 

8 the Director of Operational Test and Evaluation, submit 

9 to the congressional defense committees a report on the 

10 mine countermeasures warfare (MCM), antisubmarine 

11 warfare (ASW), and surface warfare (SUW) Mission 

12 Packages for the Littoral Combat Ship. 

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

14 (a) shall set forth the following: 

15 (1) A plan for the Mission Packages dem16 onstrating that Preliminary Design Review for every 

17 capability increment precedes Milestone B or equiva18 lent approval for that increment. 

19 (2) A plan for demonstrating that the capability 

20 increment for each Mission Package, combined with 

21 a Littoral Combat Ship, on the basis of a Prelimi22 nary Design Review and post-Preliminary Design 

23 Review assessment, will achieve the capability speci24 fied for that increment. 
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1 (3) A plan for demonstrating the survivability 

2 and lethality of the Littoral Combat Ship with its 

3 Mission Packages sufficiently early in the develop4 ment phase of the system to minimize costs of con5 currency. 

6 SEC. 252. COMPTROLLER GENERAL OF THE UNITED 

7 STATES ANNUAL REPORTS ON THE ACQUISI8 TION PROGRAM FOR THE AMPHIBIOUS COM9 BAT VEHICLE. 

10 (a) ANNUAL GAO REVIEW.—The Comptroller Gen11 eral of the United States shall conduct on an annual basis 

12 a review of the acquisition program for the Amphibious 

13 Combat Vehicle (ACV). 

14 (b) ANNUAL REPORTS.— 

15 (1) IN GENERAL.—Not later than March 1 of 

16 each year beginning in 2013, the Comptroller Gen17 eral shall submit to the congressional defense com18 mittees a report on the review of the acquisition pro19 gram for the Amphibious Combat Vehicle conducted 

20 under subsection (a). 

21 (2) MATTERS TO BE INCLUDED.—Each report 

22 on the review of the acquisition program for the Am23 phibious Combat Vehicle shall include, to the extent 

24 appropriate and feasible, the following: 
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1 (A) An assessment of the extent to which 

2 the program is meeting development and pro3 curement cost, schedule, performance, and risk 

4 mitigation goals. 

5 (B) With respect to meeting the desired 

6 initial operational capability and full operational 

7 capability dates for the Amphibious Combat Ve8 hicle, an assessment of the progress and results 

9 of— 

10 (i) developmental and operational test11 ing of the vehicle; and 

12 (ii) plans for correcting deficiencies in 

13 vehicle performance, operational effective14 ness, reliability, suitability, and safety. 

15 (C) An assessment of procurement plans, 

16 production results, and efforts to improve man17 ufacturing efficiency and supplier performance 

18 in connection with the Amphibious Combat Ve19 hicle. 

20 (D) An assessment of the acquisition strat21 egy for the Amphibious Combat Vehicle, includ22 ing whether the strategy complies with acquisi23 tion management best-practices and the acquisi24 tion policy and regulations of the Department 

25 of Defense. 
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1 (E) A risk assessment of the integrated 

2 master schedule and the test and evaluation 

3 master plan of the Amphibious Combat Vehicle 

4 as it relates to— 

5 (i) the probability of success; 

6 (ii) the funding required for the vehi7 cle in comparison with the funding pro8 grammed for the vehicle; and 

9 (iii) development and production con10 currency. 

11 (3) ADDITIONAL INFORMATION IN FIRST RE12 PORT.—In submitting to the congressional defense 

13 committees the first report under paragraph (1), the 

14 Comptroller General shall include, with respect to 

15 the Amphibious Combat Vehicle program, an assess16 ment of the sufficiency and objectivity of the fol17 lowing documents: 

18 (A) The analysis of alternatives. 

19 (B) The initial capabilities document. 

20 (C) The capability development document. 

21 (4) INFORMATION IN SUBSEQUENT REPORTS.— 

22 (A) CERTAIN INFORMATION REQUIRED

23 ONLY FOLLOWING SIGNIFICANT CHANGES.—A 

24 report under this subsection after the first re25 port under paragraph (1) shall address the 
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1 matters identified in subparagraphs (C), (D), 

2 and (E) of paragraph (2) only to the extent 

3 that the Comptroller General determines that 

4 there have been significant changes to the ap5 plicable plans, strategies, or schedules since the 

6 last report under this subsection addressing 

7 such matters. 

8 (B) ADDITIONAL INFORMATION AFTER AP9 PROVAL OR CHANGE OF DOCUMENTS.—If any 

10 document specified in paragraph (3) is ap11 proved or changed after the first report under 

12 paragraph (1), the Comptroller General shall 

13 provide an assessment of the sufficiency and ob14 jectivity of that document in the report to the 

15 congressional defense committees under para16 graph (1) submitted immediately following such 

17 approval or change. 

18 (5) TERMINATION.—No report is required 

19 under this subsection after the first report following 

20 the award of a contract for full rate production of 

21 the Amphibious Combat Vehicle. 
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1 SEC. 253. CONDITIONAL REQUIREMENT FOR REPORT ON 

2 AMPHIBIOUS ASSAULT VEHICLES FOR THE 

3 MARINE CORPS. 

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

5 ground combat vehicle fleet mix study recommends the ac6 quisition of a separate Marine Personnel Carrier, the Sec7 retary of the Navy and the Commandant of the Marine 

8 Corps shall jointly submit to the congressional defense 

9 committees a report that includes the following: 

10 (1) A detailed description of the capability gaps 

11 that Marine Personnel Carriers are intended to miti12 gate and the capabilities that the Marine Personnel 

13 Carrier will be required to have to mitigate such 

14 gaps, and an assessment whether, and to what ex15 tent, Amphibious Combat Vehicles could mitigate 

16 such gaps. 

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

18 Marine Personnel Carriers in fulfilling the forcible 

19 entry requirement for the two Marine Expeditionary 

20 Brigades (MEBs) that make up the assault echelons 

21 of the three Marine Expeditionary Brigade force re22 quired to meet applicable war plans of the combat23 ant commands. 

24 (3) A description of the fraction of the assault 

25 echelon of the brigades referred to in paragraph (2) 
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1 that would be comprised of Marine Personnel Car2 riers. 

3 (4) An assessment of the direct operational risk 

4 associated with using ship-to-shore connectors to de5 liver Marine Personnel Carriers to shore in an am6 phibious assault. 

7 (5) An assessment of the indirect operational 

8 risk associated with using ship-to-shore connectors 

9 to deliver Marine Personnel Carriers rather than 

10 tanks and artillery and other tactical vehicles. 

11 (6) A comparative estimate of the acquisition 

12 and life-cycle costs of a split fleet of Amphibious 

13 Combat Vehicles and Marine Personnel Carriers 

14 with the acquisition and life-cycle costs of a pure 

15 fleet of Amphibious Combat Vehicles. 

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

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

18 of— 

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

20 the completion of the study referred to in subsection 

21 (a); or 

22 (2) February 1, 2013. 
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1 Subtitle E—Other Matters 

2 SEC. 271. TRANSFER OF ADMINISTRATION OF OCEAN RE3 SEARCH AND RESOURCES ADVISORY PANEL 

4 FROM DEPARTMENT OF THE NAVY TO NA5 TIONAL OCEANIC AND ATMOSPHERIC ADMIN6 ISTRATION. 

7 (a) IN GENERAL.—Subsection (a) of section 7903 of 

8 title 10, United States Code, is amended— 

9 (1) in the matter preceding paragraph (1)— 

10 (A) by inserting ‘‘, through the Adminis11 trator of the National Oceanic and Atmospheric 

12 Administration,’’ after ‘‘The Council’’; 

13 (B) by inserting ‘‘and Resources’’ after 

14 ‘‘Ocean Research’’; 

15 (C) by striking ‘‘Panel consisting’’ and in16 serting ‘‘Panel. The Panel shall consist’’; and 

17 (D) by striking ‘‘chairman’’ and inserting 

18 ‘‘Administrator, on behalf of the Council’’; 

19 (2) in paragraph (1), by striking ‘‘National 

20 Academy of Science’’ and inserting ‘‘National Acad21 emies of Science’’; 

22 (3) by striking paragraphs (2) and (3); and 

23 (4) by redesignating paragraphs (4) and (5) as 

24 paragraphs (2) and (3), respectively. 
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1 (b) RESPONSIBILITIES OF PANEL.—Subsection (b) of 

2 such section is amended— 

3 (1) by inserting ‘‘, through the Administrator of 

4 the National Oceanic and Atmospheric Administra5 tion,’’ after ‘‘The Council’’; 

6 (2) by striking paragraph (2); 

7 (3) by redesignating paragraphs (3) and (4) as 

8 paragraphs (4) and (5), respectively; and 

9 (4) by inserting after paragraph (1) the fol10 lowing new paragraphs (2) and (3): 

11 ‘‘(2) To advise the Council on the determination 

12 of scientific priorities and needs. 

13 ‘‘(3) To provide the Council strategic advice re14 garding national ocean program execution and col15 laboration.’’. 

16 (c) FUNDING TO SUPPORT ACTIVITIES OF PANEL.— 

17 Subsection (c) of such section is amended by striking 

18 ‘‘Secretary of the Navy’’ and inserting ‘‘Secretary of Com19 merce’’. 

20 (d) CONFORMING AMENDMENT.—Section 7902(e)(1) 

21 of such title is amended by striking ‘‘Ocean Research Ad22 visory Panel’’ and inserting ‘‘Ocean Research and Re23 sources Advisory Panel’’. 

24 (e) CLERICAL AMENDMENTS.— 
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1 (1) HEADING AMENDMENT.—The heading of 

2 section 7903 of such title is amended to read as fol3 lows: 

4 ‘‘§ 7903. Ocean Research and Resources Advisory 

5 Panel’’. 

6 (2) TABLE OF SECTIONS.—The table of sections 

7 at the beginning of chapter 665 of such title is 

8 amended by striking the item relating to section 

9 7903 and inserting the following new item: 

‘‘7903. Ocean Research and Resources Advisory Panel.’’. 

10 (f) REFERENCES.—Any reference to the Ocean Re11 search Advisory Panel in any law, regulation, map, docu12 ment, record, or other paper of the United States shall 

13 be deemed to be a reference to the Ocean Research and 

14 Resources Advisory Panel. 

15 SEC. 272. SENSE OF SENATE ON INCREASING THE COST-EF16 FECTIVENESS OF TRAINING EXERCISES FOR 

17 MEMBERS OF THE ARMED FORCES. 

18 It is the sense of the Senate that— 

19 (1) modeling and simulation will continue to 

20 play a critical role in the training of the members 

21 of the Armed Forces; 

22 (2) while increased modeling and simulation has 

23 reduced overall costs of training of members of the 

24 Armed Forces, there are still significant costs associ25 ated with the human resources required to execute 
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1 certain training exercises where role-playing actors 

2 for certain characters such as opposing forces, the 

3 civilian populace, other government agencies, and 

4 non-governmental organizations are required; 

5 (3) technological advances in areas such as 

6 varying levels of autonomy for systems, multi-player 

7 gaming techniques, and artificial intelligence could 

8 reduce the number of personnel required to support 

9 certain training exercises for members of the Armed 

10 Forces, and thereby reduce the overall cost of the 

11 exercises; and 

12 (4) the Secretary of Defense should develop a 

13 plan to increase the use of emerging technologies in 

14 autonomous systems, the commercial gaming sector, 

15 and artificial intelligence for training exercises for 

16 members of the Armed Forces to increase training 

17 effectiveness and reduce costs. 

18 TITLE III—OPERATION AND 

19 MAINTENANCE 

20 Subtitle A—Authorization of 

21 Appropriations 

22 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

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 operation and 

2 maintenance, as specified in the funding table in section 

3 4301. 

4 Subtitle B—Energy and 

5 Environmental Provisions 

6 SEC. 311. DEPARTMENT OF DEFENSE GUIDANCE ON ENVI7 RONMENTAL EXPOSURES AT MILITARY IN8 STALLATIONS. 

9 (a) GUIDANCE.—Not later than 180 days after the 

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

11 shall issue to the appropriate military departments and 

12 other defense agencies written guidance on environmental 

13 exposures at military installations. The guidance shall— 

14 (1) set forth criteria for when and under what 

15 circumstances public health assessments by the 

16 Agency for Toxic Substances and Disease Registry 

17 shall be requested in connection with environmental 

18 contamination at military installations, including 

19 past incidents of environmental contamination; 

20 (2) establish procedures for tracking and docu21 menting the status and nature of responses to the 

22 findings and recommendations of the public health 

23 assessments of the Agency of Toxic Substances and 

24 Disease Registry that involve contamination at mili25 tary installations; and 
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1 (3) prescribe appropriate actions with respect to 

2 the identification of military and civilian individuals 

3 who may have been exposed to contamination while 

4 living or working on military installations. 

5 (b) REPORT.—Not later than 30 days after issuing 

6 the guidance required under subsection (a), the Secretary 

7 of Defense shall transmit a copy of the guidance to the 

8 congressional defense committees. 

9 SEC. 312. FUNDING OF AGREEMENTS UNDER THE SIKES 

10 ACT. 

11 Section 103a of the Sikes Act (16 U.S.C. 670c–1) 

12 is amended— 

13 (1) in subsection (b)— 

14 (A) by inserting ‘‘(1)’’ before ‘‘Funds’’; 

15 and 

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

17 paragraph: 

18 ‘‘(2) In the case of a cooperative agreement under 

19 subsection (a)(2), such funds— 

20 ‘‘(A) may be paid in a lump sum and include 

21 an amount intended to cover the future costs of the 

22 natural resource maintenance and improvement ac23 tivities provided for under the agreement; and 
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1 ‘‘(B) may be placed by the recipient in an inter2 est-bearing account, and any interest shall be ap3 plied for the same purposes as the principal.’’; and 

4 (2) by amending subsection (c) to read as fol5 lows: 

6 ‘‘(c) AVAILABILITY OF FUNDS; AGREEMENT UNDER

7 OTHER LAWS.—(1) Cooperative agreements and inter8 agency agreements entered into under this section shall 

9 be subject to the availability of funds. 

10 ‘‘(2) Notwithstanding chapter 63 of title 31, a coop11 erative agreement under this section may be used to ac12 quire property or services for the direct benefit or use of 

13 the United States Government.’’. 

14 SEC. 313. REPORT ON PROPERTY DISPOSALS AND ADDI15 TIONAL AUTHORITIES TO ASSIST LOCAL 

16 COMMUNITIES AROUND CLOSED MILITARY 

17 INSTALLATIONS. 

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 the disposition of any not yet completed closure 

22 of an active duty military installation since 1988 in the 

23 United States that was not subject to the property dis24 posal provisions contained in the Defense Base Closure 
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1 and Realignment Act of 1990 (part A of title XXIX of 

2 Public Law 101–510; 10 U.S.C. 2687 note). 

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

4 (a) shall include the following: 

5 (1) The status of property described in sub6 section (a) that is yet to be disposed of. 

7 (2) An assessment of the environmental condi8 tions of, and plans and costs for environmental re9 mediation for, each such property. 

10 (3) The anticipated schedule for the completion 

11 of the disposal of each such property. 

12 (4) An estimate of the costs, and a description 

13 of additional potential future financial liability or 

14 other impacts on the Department of Defense, if the 

15 authorities provided by Congress for military instal16 lations closed under defense base closure and re17 alignment (BRAC) are extended to military installa18 tions closed outside the defense base closure and re19 alignment process and for which property has yet to 

20 be disposed. 

21 (5) Such recommendations as the Secretary 

22 considers appropriate for additional authorities to 

23 assist the Department in expediting the disposal of 

24 property at closed military installations in order to 
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1 facilitate economic redevelopment for local commu2 nities. 

3 (c) MILITARY INSTALLATION DEFINED.—In this sec4 tion, the term ‘‘military installation’’ means a base, camp, 

5 post, station, yard, center, homeport facility for any ship, 

6 or other activity under the jurisdiction of the Department 

7 of Defense, which is located within any of the several 

8 States, the District of Columbia, the Commonwealth of 

9 Puerto Rico, American Samoa, the Virgin Islands, the 

10 Commonwealth of the Northern Mariana Islands, or 

11 Guam. 

12 Subtitle C—Logistics and 

13 Sustainment 

14 SEC. 321. REPEAL OF CERTAIN PROVISIONS RELATING TO 

15 DEPOT-LEVEL MAINTENANCE. 

16 (a) REPEAL.— 

17 (1) Section 2460 of title 10, United States 

18 Code (as amended by section 321 of the National 

19 Defense Authorization Act for Fiscal Year 2012 

20 (Public Law 112–81)), is repealed. 

21 (2) Section 2464 of title 10, United States 

22 Code (as amended by section 327 of the National 

23 Defense Authorization Act for Fiscal Year 2012), is 

24 repealed. 

25 (b) REVIVAL OF SUPERSEDED PROVISIONS.— 
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1 (1) The provisions of section 2460 of title 10, 

2 United States Code, as in effect on December 30, 

3 2011 (the day before the date of the enactment of 

4 the National Defense Authorization Act for Fiscal 

5 Year 2012), are hereby revived. 

6 (2)(A) The provisions of section 2464 of 10, 

7 United States Code, as in effect on that date, are 

8 hereby revived. 

9 (B) The table of sections at the beginning of 

10 chapter 146 of such title is amended by striking the 

11 item relating to section 2464 and inserting the fol12 lowing new item: 

‘‘2464. Core logistics capabilities.’’. 

13 (c) CONFORMING AMENDMENTS.— 

14 (1) Section 2366a of title 10, United States 

15 Code, is amended by striking ‘‘core depot-level main16 tenance and repair capabilities’’ each place it ap17 pears and inserting ‘‘core logistics capabilities’’. 

18 (2) Section 2366b(A)(3)(F) of title 10, United 

19 States Code, is amended by striking ‘‘core depot20 level maintenance and repair capabilities, as well as 

21 the associated logistics capabilities’’ and inserting 

22 ‘‘core logistics capabilities’’. 

23 (3) Section 801(c) of the National Defense Au24 thorization Act for Fiscal Year 2012 (125 Stat. 

25 1483; 10 U.S.C. 2366a note) is amended by striking 
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1 ‘‘core depot-level maintenance and repair capabili2 ties, as well as the associated logistics capabilities’’ 

3 and inserting ‘‘core logistics capabilities’’. 

4 (d) EFFECTIVE DATE.—This section and the amend5 ments made by this section shall take effect on December 

6 31, 2011, the date of the enactment of the National De7 fense Authorization Act for Fiscal Year 2012, immediately 

8 after the enactment of that Act. 

9 SEC. 322. EXPANSION AND REAUTHORIZATION OF MULTI10 TRADES DEMONSTRATION PROJECT. 

11 (a) EXPANSION.—Section 338 of the National De12 fense Authorization Act for Fiscal Year 2004 (10 U.S.C. 

13 5013 note) is amended— 

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

15 following new subsection: 

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

17 accordance with section 4703 of title 5, United States 

18 Code, the Secretary of a military department may carry 

19 out a demonstration project at facilities described in sub20 section (b) under which workers who are certified at the 

21 journey level as able to perform multiple trades shall be 

22 promoted by one grade level.’’; and 

23 (2) in subsection (b), by striking ‘‘Logistics 

24 Center, Navy Fleet Readiness Center,’’ and inserting 
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1 ‘‘Logistics Complex, Navy Fleet Readiness Center, 

2 Navy shipyard, Marine Corps Logistics Base,’’. 

3 (b) REAUTHORIZATION.—Such section is further 

4 amended— 

5 (1) in subsection (d), by striking ‘‘2013’’ and 

6 inserting ‘‘2018’’; and 

7 (2) in subsection (e), by striking ‘‘2014’’ and 

8 inserting ‘‘2019’’. 

9 SEC. 323. RATING CHAINS FOR SYSTEM PROGRAM MAN10 AGERS. 

11 The Secretary of the Air Force, in managing system 

12 program management responsibilities for sustainment pro13 grams not assigned to a program executive officer or a 

14 direct reporting program manager, shall comply with the 

15 Department of Defense Instructions regarding assignment 

16 of program responsibility. 

17 Subtitle D—Reports 

18 SEC. 331. ANNUAL REPORT ON DEPARTMENT OF DEFENSE 

19 LONG-TERM CORROSION STRATEGY. 

20 Section 2228(e) of title 10, United States Code, is 

21 amended— 

22 (1) in paragraph (1)— 

23 (A) in subparagraph (B), by inserting ‘‘, 

24 including available validated data on return on 
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1 investment for completed corrosion projects and 

2 activities’’ after ‘‘the strategy’’; 

3 (B) in subparagraph (E), by striking ‘‘For 

4 the fiscal year covered by the report and the 

5 preceding fiscal year’’ and inserting ‘‘For the 

6 preceding fiscal year covered by the report’’; 

7 and 

8 (C) by inserting at the end the following 

9 new subparagraph: 

10 ‘‘(F) For the preceding fiscal year covered by 

11 the report, a breakdown of the amount of funds used 

12 for military corrosion projects, the Technical Corro13 sion Collaboration pilot program, and other corro14 sion-related activities.’’; 

15 (2) by striking paragraph (2); and 

16 (3) by redesignating paragraph (3) as para17 graph (2). 

18 SEC. 332. MODIFIED DEADLINE FOR COMPTROLLER GEN19 ERAL REVIEW OF ANNUAL REPORT ON 

20 PREPOSITIONED MATERIEL AND EQUIP21 MENT. 

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

23 amended by striking ‘‘By not later than 120 days after 

24 the date on which a report is submitted under subsection 

25 (a), the Comptroller General shall review the report’’ and 
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1 inserting ‘‘The Comptroller General shall review the report 

2 submitted under subsection (a)’’. 

3 Subtitle E—Other Matters 

4 SEC. 341. SAVINGS TO BE ACHIEVED IN CIVILIAN WORK5 FORCE AND CONTRACTOR EMPLOYEE WORK6 FORCE OF THE DEPARTMENT OF DEFENSE. 

7 (a) REQUIRED SAVINGS.—Commencing not later 

8 than 90 days after the date of the enactment of this Act, 

9 the Secretary of Defense shall begin the implementation 

10 of an efficiencies plan for the civilian workforce and the 

11 service contractor workforce of the Department of Defense 

12 which shall achieve savings in the funding for each such 

13 workforce over the period from fiscal year 2012 through 

14 fiscal year 2017 that are not less, as a percentage of such 

15 funding, than the savings in funding for military personnel 

16 achieved by the planned reduction in military end 

17 strengths over the same period of time. 

18 (b) EXCLUSIONS.—The funding reduction required 

19 by subsection (a) shall not include funding for the fol20 lowing: 

21 (1) Civilian personnel expenses for personnel as 

22 follows: 

23 (A) Personnel in Mission Critical Occupa24 tions, as defined by the Civilian Human Capital 

25 Strategic Plan of the Department of Defense 
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1 and the Acquisition Workforce Plan of the De2 partment of Defense. 

3 (B) Personnel employed at facilities pro4 viding core logistics capabilities pursuant to 

5 section 2464 of title 10, United States Code. 

6 (C) Personnel in the Offices of the Inspec7 tors General of the Department of Defense. 

8 (2) Service contractor expenses for personnel as 

9 follows: 

10 (A) Personnel performing maintenance and 

11 repair of military equipment. 

12 (B) Personnel providing medical services. 

13 (C) Personnel performing financial audit 

14 services. 

15 (3) Personnel expenses for personnel in the ci16 vilian personnel or service contractor workforce per17 forming such other critical functions as may be iden18 tified by the Secretary as requiring exemption in the 

19 interest of the national defense. 

20 (c) REPORTS.— 

21 (1) INITIAL REPORT.—Not later than 120 days 

22 after the date of the enactment of this Act, the Sec23 retary shall submit to the congressional defense com24 mittees a report including a comprehensive descrip25 tion of the plan required by subsection (a). 
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1 (2) STATUS REPORTS.—Not later than 60 days 

2 after the end of each fiscal year from fiscal year 

3 2013 through fiscal year 2017, the Secretary shall 

4 submit to the congressional defense committees a re5 port describing the implementation of the plan dur6 ing the prior fiscal year. Each such report shall in7 clude a direct comparison of the savings achieved 

8 under the plan to the savings achieved in the same 

9 fiscal year through reductions in military end 

10 strengths. In any case in which savings fall short of 

11 the annual target, the report shall include an expla12 nation of the reasons for such shortfall. 

13 (3) EXEMPTIONS.—Each report under para14 graphs (1) and (2) shall specifically identify any ex15 emption granted by the Secretary under subsection 

16 (b)(3) in the period of time covered by the report. 

17 (d) LIMITATION ON TRANSFERS OF FUNCTIONS.— 

18 The Secretary shall ensure that the savings required by 

19 this section are not achieved through unjustified transfers 

20 of functions between or among the military, civilian, and 

21 service contractor workforces of the Department of De22 fense. 

23 (e) SENSE OF CONGRESS.—It is the sense of Con24 gress that an amount equal to 30 percent of the amount 

25 of the reductions in appropriated funds attributable to re-
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1 duced budgets for the civilian and service contractor 

2 workforces of the Department by reason of the plan re3 quired by subsection (a) should be made available for costs 

4 of assisting military personnel separated from the Armed 

5 Forces in the transition from military service. 

6 (f) SERVICE CONTRACTOR WORKFORCE DEFINED.— 

7 In this section, the term ‘‘service contractor workforce’’ 

8 means contractor employees performing contract services, 

9 as defined in section 2330(c)(2) of title 10, United States 

10 Code, other than contract services that are funded out of 

11 amounts available for overseas contingency operations. 

12 SEC. 342. NATO SPECIAL OPERATIONS HEADQUARTERS. 

13 (a) IN GENERAL.—Chapter 138 of title 10, United 

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

16 ‘‘§ 2350n. NATO Special Operations Headquarters 

17 ‘‘(a) AUTHORIZATION.—Of the amounts authorized 

18 to be appropriated for fiscal year 2013 and for subsequent 

19 fiscal years for the Department of Defense for operation 

20 and maintenance, up to $50,000,000 may be used for a 

21 fiscal year for the purposes set forth in subsection (b) for 

22 support of operations of the North Atlantic Treaty Orga23 nization (NATO) Special Operations Headquarters. 
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1 ‘‘(b) PURPOSES.—The Secretary of Defense may pro2 vide funds for the NATO Special Operations Head3 quarters— 

4 ‘‘(1) to improve coordination and cooperation 

5 between the special operations forces of NATO 

6 member countries; 

7 ‘‘(2) to facilitate joint operations by special op8 erations forces of NATO member countries; 

9 ‘‘(3) to support command, control, and commu10 nications capabilities peculiar to special operations 

11 forces of NATO member countries; 

12 ‘‘(4) to promote special operations forces intel13 ligence and informational requirements within the 

14 NATO structure; and 

15 ‘‘(5) to promote interoperability through the de16 velopment of common equipment standards, tactics, 

17 techniques, and procedures, and through execution 

18 of multinational education and training programs. 

19 ‘‘(c) ANNUAL REPORT.—Not later than April 1 of 

20 each year, the Secretary of Defense shall submit to the 

21 congressional defense committees a report regarding De22 partment of Defense support for the NATO Special Oper23 ations Headquarters. Each report shall include the fol24 lowing: 
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1 ‘‘(1) The total amount of funding provided to 

2 the NATO Special Operations Headquarters. 

3 ‘‘(2) A summary of the activities funded with 

4 such support. 

5 ‘‘(3) Other contributions, financial or in kind, 

6 provided in support of the NATO Special Operations 

7 Headquarters by other NATO member countries.’’. 

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

9 at the beginning of such chapter is amended by inserting 

10 after the item relating to section 2350m the following new 

11 item: 

‘‘2350n. NATO Special Operations Headquarters.’’. 

12 SEC. 343. REPEAL OF REDUNDANT AUTHORITY TO ENSURE 

13 INTEROPERABILITY OF LAW ENFORCEMENT 

14 AND EMERGENCY RESPONDER TRAINING. 

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

16 amended— 

17 (1) by striking ‘‘(a) IN GENERAL.—’’; and 

18 (2) by striking subsection (b). 

19 SEC. 344. SENSE OF THE CONGRESS ON NAVY FLEET RE20 QUIREMENTS. 

21 It is the sense of Congress that— 

22 (1) The Secretary of the Navy, in supporting 

23 the operational requirements of the combatant com24 mands, should maintain in the operational capability 
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1 of and perform the necessary maintenance on each 

2 cruiser and dock landing ship belonging to the Navy; 

3 (2) for retirements of ships owned by the Navy 

4 prior to their projected end of service life, the Chief 

5 of Naval Operations must explain to the Congres6 sional Defense Committees how the retention of each 

7 ship would degrade the overall readiness of the fleet 

8 and endanger United States National Security and 

9 the objectives of the combatant commanders; and 

10 (3) revitalizing the Navy’s 30-year shipbuilding 

11 plan should be a national priority, and a commensu12 rate amount of increased funding should be provided 

13 to the Navy in the Future Years Defense Program 

14 to help close the gap between requirements and the 

15 current size of the fleet. 

16 TITLE IV—MILITARY 

17 PERSONNEL AUTHORIZATIONS 

18 Subtitle A—Active Forces 

19 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

20 The Armed Forces are authorized strengths for active 

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

22 (1) The Army, 552,100. 

23 (2) The Navy, 322,700. 

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

25 (4) The Air Force, 329,597. 
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1 SEC. 402. ADDITIONAL MARINE CORPS PERSONNEL FOR 

2 THE MARINE CORPS SECURITY GUARD PRO3 GRAM. 

4 (a) ADDITIONAL PERSONNEL.— 

5 (1) IN GENERAL.—The Secretary of Defense 

6 shall develop and implement a plan which shall in7 crease the number of Marine Corps personnel as8 signed to the Marine Corps Embassy Security Group 

9 at Quantico, Virginia, and Marine Security Group 

10 Regional Commands and Marine Security Group de11 tachments at United States missions around the 

12 world by up to 1,000 Marines during fiscal years 

13 2014 through 2017. 

14 (2) PURPOSE.—The purpose of the increase 

15 under paragraph (1) shall be to provide the end 

16 strength and resources necessary to support an in17 crease in Marine Corps security at United States 

18 consulates and embassies throughout the world, and 

19 in particular at locations identified by the Secretary 

20 of State as in need of increased security in light of 

21 threats to United States personnel and property by 

22 terrorists. 

23 (b) CONSULTATION.—The Secretary of Defense shall 

24 develop and implement the plan required by subsection (a) 

25 in consultation with the Secretary of State pursuant to 

26 the responsibility of the Secretary of State for diplomatic 
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1 security under section 103 of the Diplomatic Security Act 

2 (22 U.S.C. 4802), and in accordance with any current 

3 memorandum of understanding between the Department 

4 of State and the Marine Corps on the operational and ad5 ministrative supervision of the Marine Corps Security 

6 Guard Program. 

7 (c) FUNDING.— 

8 (1) BUDGET REQUESTS.—The budget of the 

9 President for each fiscal year after fiscal year 2013, 

10 as submitted to Congress pursuant to section 

11 1105(a) of title 31, United States Code, shall set 

12 forth as separate line elements, under the amounts 

13 requested for such fiscal year for each of procure14 ment, operation and maintenance, and military per15 sonnel to fully fund each of the following: 

16 (A) The Marine Corps. 

17 (B) The Marine Corps Security Guard 

18 Program, including for the additional personnel 

19 under the Marine Corps Security Guard Pro20 gram as result of the plan required by sub21 section (a). 

22 (2) PRESERVATION OF FUNDING FOR USMC

23 UNDER NATIONAL MILITARY STRATEGY.—In deter24 mining the amounts to be requested for a fiscal year 

25 for the Marine Corps Security Guard Program and 
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1 for additional personnel under the Marine Corps Se2 curity Guard Program under paragraph (1), the 

3 President shall ensure that amounts requested for 

4 the Marine Corps for that fiscal year do not degrade 

5 the readiness of the Marine Corps to fulfill the re6 quirements of the National Military Strategy. 

7 (d) REPORTS.— 

8 (1) REPORTS ON PROGRAM.—Not later than 

9 October 1, 2014, and annually thereafter through 

10 October 1, 2017, the Secretary of Defense shall, in 

11 coordination with the Secretary of State, submit to 

12 Congress a report on the Marine Corps Security 

13 Guard Program. Each report shall include the fol14 lowing: 

15 (A) A description of the expanded security 

16 support provided by Marine Corps Security 

17 Guards to the Department of State during the 

18 fiscal year ending on the date of such report, 

19 including— 

20 (i) any increased internal security pro21 vided at United States embassies and con22 sulates throughout the world; 

23 (ii) any increased support for emer24 gency action planning, training, and advis25 ing of host nation security forces; and 
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1 (iii) any expansion of intelligence col2 lection activities. 

3 (B) A description of the current status of 

4 Marine Corps personnel assigned to the Pro5 gram as a result of the plan required by sub6 section (a). 

7 (C) A description of the Department of 

8 Defense resources required in the fiscal year 

9 ending on the date of such report to support 

10 the Marine Corps Security Guard program, in11 cluding total end strength and key supporting 

12 programs that enable both its current and ex13 panded mission during such fiscal year. 

14 (D) A reassessment of the mission of the 

15 Program, as well as procedural rules of engage16 ment under the Program, in light of current 

17 and emerging threats to United States diplo18 matic personnel, and a description and assess19 ment of options to improve the Program to re20 spond to such threats. 

21 (E) An assessment of the feasibility and 

22 advisability of authorizing, funding, and admin23 istering the Program as a separate program 

24 within the Marine Corps, and if such actions 

25 are determined to be feasible and advisable, rec-
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1 ommendations for legislative and administrative 

2 actions to provide for authorizing, funding, and 

3 administering the Program as a separate pro4 gram within the Marine Corps. 

5 (2) REPORT ON CHANGES IN SCOPE OF PRO6 GRAM IN RESPONSE TO CHANGING THREATS.—If the 

7 President determines that a modification (whether 

8 an increase or a decrease) in the scope of the Marine 

9 Corps Security Guard Program is necessary or ad10 visable in light of any change in the nature of 

11 threats to United States embassies, consulates and 

12 other diplomatic facilities abroad, the President 

13 shall— 

14 (A) notify Congress of such modification 

15 and the change in the nature of threats prompt16 ing such modification; and 

17 (B) take such modification into account in 

18 requesting an end strength and funds for the 

19 Program for any fiscal year in which such 

20 modification is in effect. 

21 Subtitle B—Reserve Forces 

22 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

24 strengths for Selected Reserve personnel of the reserve 

25 components as of September 30, 2013, as follows: 
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1 (1) The Army National Guard of the United 

2 States, 358,200. 

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

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

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

6 (5) The Air National Guard of the United 

7 States, 106,435. 

8 (6) The Air Force Reserve, 72,428. 

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

10 (b) END STRENGTH REDUCTIONS.—The end 

11 strengths prescribed by subsection (a) for the Selected Re12 serve of any reserve component shall be proportionately 

13 reduced by— 

14 (1) the total authorized strength of units orga15 nized to serve as units of the Selected Reserve of 

16 such component which are on active duty (other 

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

18 (2) the total number of individual members not 

19 in units organized to serve as units of the Selected 

20 Reserve of such component who are on active duty 

21 (other than for training or for unsatisfactory partici22 pation in training) without their consent at the end 

23 of the fiscal year. 

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

25 individual members of the Selected Reserve of any reserve 
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1 component are released from active duty during any fiscal 

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

3 the Selected Reserve of such reserve component shall be 

4 increased proportionately by the total authorized strengths 

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

6 members. 

7 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

8 DUTY IN SUPPORT OF THE RESERVES. 

9 Within the end strengths prescribed in section 

10 411(a), the reserve components of the Armed Forces are 

11 authorized, as of September 30, 2013, the following num12 ber of Reserves to be serving on full-time active duty or 

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

14 Guard, for the purpose of organizing, administering, re15 cruiting, instructing, or training the reserve components: 

16 (1) The Army National Guard of the United 

17 States, 32,060. 

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

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

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

21 (5) The Air National Guard of the United 

22 States, 14,871. 

23 (6) The Air Force Reserve, 2,888. 
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1 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

2 (DUAL STATUS). 

3 The minimum number of military technicians (dual 

4 status) as of the last day of fiscal year 2013 for the re5 serve components of the Army and the Air Force (notwith6 standing section 129 of title 10, United States Code) shall 

7 be the following: 

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

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

10 States, 28,380. 

11 (3) For the Air Force Reserve, 10,716. 

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

13 States, 22,313. 

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

15 NON-DUAL STATUS TECHNICIANS. 

16 (a) LIMITATIONS.— 

17 (1) NATIONAL GUARD.—Within the limitation 

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

19 States Code, the number of non-dual status techni20 cians employed by the National Guard as of Sep21 tember 30, 2013, may not exceed the following: 

22 (A) For the Army National Guard of the 

23 United States, 1,600. 

24 (B) For the Air National Guard of the 

25 United States, 350. 
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1 (2) ARMY RESERVE.—The number of non-dual 

2 status technicians employed by the Army Reserve as 

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

4 (3) AIR FORCE RESERVE.—The number of non5 dual status technicians employed by the Air Force 

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

7 90. 

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

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

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

11 United States Code. 

12 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU13 THORIZED TO BE ON ACTIVE DUTY FOR 

14 OPERATIONAL SUPPORT. 

15 During fiscal year 2013, the maximum number of 

16 members of the reserve components of the Armed Forces 

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

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

19 States Code, is the following: 

20 (1) The Army National Guard of the United 

21 States, 17,000. 

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

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

24 (4) The Marine Corps Reserve, 3,000. 
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1 (5) The Air National Guard of the United 

2 States, 16,000. 

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

4 Subtitle C—Authorization of 

5 Appropriations 

6 SEC. 421. MILITARY PERSONNEL. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

8 are hereby authorized to be appropriated for fiscal year 

9 2013 for the use of the Armed Forces and other activities 

10 and agencies of the Department of Defense for expenses, 

11 not otherwise provided for, for military personnel, as spec12 ified in the funding table in section 4401. 

13 (b) CONSTRUCTION OF AUTHORIZATION.—The au14 thorization of appropriations in subsection (a) supersedes 

15 any other authorization of appropriations (definite or in16 definite) for such purpose for fiscal year 2013. 

17 TITLE V—MILITARY PERSONNEL 

18 POLICY 

19 Subtitle A—Officer Policy 

20 SEC. 501. EXTENSION OF RELAXATION OF LIMITATION ON 

21 SELECTIVE EARLY DISCHARGES. 

22 Section 638a(d)(2) of title 10 United States Code, 

23 is amended in subparagraphs (A) and (B) by striking ‘‘ex24 cept that during the period beginning on October 1, 2006, 
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1 and ending on December 31, 2012,’’ and inserting ‘‘except 

2 that through December 31, 2018,’’. 

3 SEC. 502. EXCEPTION TO 30-YEAR RETIREMENT FOR REG4 ULAR NAVY WARRANT OFFICERS IN THE 

5 GRADE OF CHIEF WARRANT OFFICER, W–5. 

6 (a) EXCEPTION TO STATUTORY 30-YEAR RETIRE7 MENT.—Paragraph (1) of section 1305(a) of title 10, 

8 United States Code, is amended— 

9 (1) by inserting ‘‘or a regular Navy warrant of10 ficer in the grade of chief warrant officer, W–5, ex11 empted under paragraph (3)’’ after ‘‘Army warrant 

12 officer’’; and 

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

14 (b) MODIFICATION OF STATUTORY RETIREMENT

15 FROM 30 TO 33 YEARS.—Such section is further amended 

16 by adding at the end the following new paragraph: 

17 ‘‘(3) In the case of a regular Navy warrant officer 

18 in the grade of chief warrant officer, W–5, the officer shall 

19 be retired 60 days after the date on which the officer com20 pletes 33 years of total active service.’’. 
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1 SEC. 503. MODIFICATION OF DEFINITION OF JOINT DUTY 

2 ASSIGNMENT TO INCLUDE ALL INSTRUCTOR 

3 ASSIGNMENTS FOR JOINT TRAINING AND 

4 EDUCATION. 

5 Section 668(b)(1)(B) of title 10, United States Code, 

6 is amended by striking ‘‘assignments for joint’’ and all 

7 that follows through ‘‘Phase II’’ and inserting ‘‘student 

8 assignments for joint training and education’’. 

9 SEC. 504. SENSE OF SENATE ON INCLUSION OF ASSIGN10 MENTS AS ACADEMIC INSTRUCTOR AT THE 

11 MILITARY SERVICE ACADEMIES AS JOINT 

12 DUTY ASSIGNMENTS. 

13 It is the sense of the Senate that the Secretary of 

14 Defense should include assignments in which military offi15 cers are assigned as instructors responsible for preparing 

16 and presenting academic courses on the faculty of the 

17 United States Military Academy, the United States Naval 

18 Academy, or the United States Air Force Academy as 

19 joint duty assignments. 

20 Subtitle B—Reserve Component 

21 Management 

22 SEC. 511. AUTHORITY FOR APPOINTMENT OF PERSONS 

23 WHO ARE LAWFUL PERMANENT RESIDENTS 

24 AS OFFICERS OF THE NATIONAL GUARD. 

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

26 amended by inserting ‘‘or an alien lawfully admitted for 
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1 permanent residence (as that term is defined in section 

2 101(a)(20) of the Immigration and Nationality Act (8 

3 U.S.C.1101(a)(20))’’ before the semicolon. 

4 SEC. 512. RESERVE COMPONENT SUICIDE PREVENTION 

5 AND RESILIENCE PROGRAM. 

6 (a) CODIFICATION, TRANSFER OF RESPONSIBILITY, 

7 AND EXTENSION.— 

8 (1) IN GENERAL.—Chapter 1007 of title 10, 

9 United States Code, is amended by adding at the 

10 end the following new section: 

11 ‘‘§ 10219. Suicide prevention and resilience program 

12 ‘‘(a) PROGRAM REQUIREMENT.—The Secretary of 

13 Defense shall carry out a program to provide members of 

14 the National Guard and Reserves and their families with 

15 training in suicide prevention, resilience, and community 

16 healing and response to suicide. 

17 ‘‘(b) SUICIDE PREVENTION TRAINING.—Under the 

18 program, the Secretary shall provide members of the Na19 tional Guard and Reserves with training in suicide preven20 tion. Such training may include— 

21 ‘‘(1) describing the warning signs for suicide 

22 and teaching effective strategies for prevention and 

23 intervention; 

24 ‘‘(2) examining the influence of military culture 

25 on risk and protective factors for suicide; and 
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1 ‘‘(3) engaging in interactive case scenarios and 

2 role plays to practice effective intervention strate3 gies. 

4 ‘‘(c) COMMUNITY RESPONSE TRAINING.—Under the 

5 program, the Secretary shall provide the families and com6 munities of members of the National Guard and Reserves 

7 with training in responses to suicide that promote indi8 vidual and community healing. Such training may in9 clude— 

10 ‘‘(1) enhancing collaboration among community 

11 members and local service providers to create an in12 tegrated, coordinated community response to suicide; 

13 ‘‘(2) communicating best practices for pre14 venting suicide, including safe messaging, appro15 priate memorial services, and media guidelines; 

16 ‘‘(3) addressing the impact of suicide on the 

17 military and the larger community, and the in18 creased risk that can result; and 

19 ‘‘(4) managing resources to assist key commu20 nity and military service providers in helping the 

21 families, friends, and fellow servicemembers of a sui22 cide victim through the processes of grieving and 

23 healing. 

24 ‘‘(d) COMMUNITY TRAINING ASSISTANCE.—The pro25 gram shall include the provision of assistance with such 
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1 training to the local communities of those servicemembers 

2 and families, to be provided in coordination with local 

3 community programs. 

4 ‘‘(e) COLLABORATION.—In carrying out the program, 

5 the Secretary shall collect and analyze ‘lessons learned’ 

6 and suggestions from State National Guard and Reserve 

7 organizations with existing or developing suicide preven8 tion and community response programs. 

9 ‘‘(f) TERMINATION.—The program under this section 

10 shall terminate on October 1, 2015.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 1007 of such title 

13 is amended by adding at the end the following new 

14 item: 

‘‘10219. Suicide prevention and resilience program.’’. 

15 (b) REPEAL OF SUPERSEDED PROVISION.—Sub16 section (i) of section 582 of the National Defense Author17 ization Act for Fiscal Year 2008 (10 U.S.C. 10101 note) 

18 is repealed. 

19 SEC. 513. REPORT ON MECHANISMS TO EASE THE RE20 INTEGRATION INTO CIVILIAN LIFE OF MEM21 BERS OF THE NATIONAL GUARD AND THE RE22 SERVES FOLLOWING A DEPLOYMENT ON AC23 TIVE DUTY. 

24 (a) STUDY REQUIRED.—The Secretary of Defense 

25 shall conduct a study of the adequacy of mechanisms for 
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1 the reintegration into civilian life of members of the Na2 tional Guard and the Reserves following a deployment on 

3 active duty in the Armed Forces, including whether per4 mitting such members to remain on active duty for a lim5 ited period after such deployment (often referred to as a 

6 ‘‘soft landing’’) is feasible and advisable for facilitating 

7 and easing that reintegration. 

8 (b) ELEMENTS.— 

9 (1) IN GENERAL.—The study required by sub10 section (a) shall address the unique challenges mem11 bers of the National Guard and the Reserves face 

12 when reintegrating into civilian life following a de13 ployment on active duty in the Armed Forces and 

14 the adequacy of the policies, programs, and activities 

15 of the Department of Defense to assist such mem16 bers in meeting such challenges. 

17 (2) PARTICULAR ELEMENTS.—The study shall 

18 take into consideration the following: 

19 (A) Disparities in reintegration after de20 ployment between members of the regular com21 ponents of the Armed Forces and members of 

22 the reserve components of the Armed Forces, 

23 including— 

24 (i) disparities in access to services, in25 cluding, but not limited to, health care, 
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1 mental health counseling, job counseling, 

2 and family counseling; 

3 (ii) disparities in amounts of com4 pensated time provided to take care of per5 sonal affairs; 

6 (iii) disparities in amounts of time re7 quired to properly access services and to 

8 take care of personal affairs, including 

9 travel time; and 

10 (iv) disparities in costs of uncompen11 sated events or requirements, including, 

12 but not limited to, travel costs and legal 

13 fees. 

14 (B) Disparities in reintegration policies 

15 and practices among the various Armed Forces 

16 and between the regular and reserve compo17 nents of the Armed Forces. 

18 (C) Disparities in the lengths of time of 

19 deployment between the regular and reserve 

20 components of the Armed Forces. 

21 (D) Applicable medical studies on re22 integration, including studies on the rest and 

23 recuperation needed to appropriately recover 

24 from combat and training stress. 
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1 (E) Other applicable studies on reintegra2 tion policies and practices, including the rec3 ommendations made by such studies. 

4 (F) Appropriate recommendations for the 

5 elements of a program to assist members of the 

6 National Guard and the Reserves following a 

7 deployment on active duty in the Armed Forces 

8 in reintegrating into civilian life, including 

9 means of ensuring that the program applies 

10 uniformly across the Armed Forces and be11 tween the regular components and reserve com12 ponents of the Armed Forces. 

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

14 of the enactment of this Act, the Secretary shall submit 

15 to the congressional defense committees a report on the 

16 study required by subsection (a). The report shall set forth 

17 the results of the study, including the matters specified 

18 in subsection (b), and include such comments and rec19 ommendation in light of the study as the Secretary con20 siders appropriate. 
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1 Subtitle C—General Service 

2 Authorities 

3 SEC. 521. DIVERSITY IN THE ARMED FORCES AND RELATED 

4 REPORTING REQUIREMENTS. 

5 (a) PLAN TO ACHIEVE DIVERSITY IN THE ARMED

6 FORCES.—The Secretary of Defense shall develop and im7 plement a plan to accurately measure the efforts of the 

8 Department of Defense to achieve the goal of having a 

9 dynamic and sustainable 20–30 year pipeline that yields 

10 a diverse officer and enlisted corps for the Armed Forces 

11 that reflects the population of the United States eligible 

12 to serve in the Armed Forces across all the Armed Forces, 

13 and all grades of each Armed Force, that is able to prevail 

14 in its wars, prevent and deter conflicts, defeat adversaries 

15 and succeed in a wide-range of contingencies, and preserve 

16 and enhance the all volunteer force. Any metric estab17 lished pursuant to this subsection may not be used in a 

18 manner that undermines the merit-based processes of the 

19 Department of Defense, including such processes for ac20 cession, retention, and promotion. Such metrics may not 

21 be combined with the identification of specific quotas 

22 based upon diversity characteristics. The Secretary shall 

23 continue to account for diversified language and cultural 

24 skills among the total force of the military. 
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1 (b) METRICS TO MEASURE PROGRESS IN DEVEL2 OPING AND IMPLEMENTING PLAN.—In developing and im3 plementing the plan under subsection (a), the Secretary 

4 of Defense shall develop a standard set of metrics and col5 lection procedures that are uniform across the armed 

6 forces. The metrics required by this subsection shall be 

7 designed— 

8 (1) to accurately capture the inclusion and ca9 pability aspects of the armed forces broader diversity 

10 plans, including race, ethnic, and gender specific 

11 groups, functional expertise, and diversified cultural 

12 and language skills so as to leverage and improve 

13 readiness; and 

14 (2) to be verifiable and systematically linked to 

15 strategic plans that will drive improvements. 

16 (c) DEFINITION OF DIVERSITY.—In developing and 

17 implementing the plan under subsection (a), each Sec18 retary of a military department shall, in consultation with 

19 the Secretary of Defense, develop a definition of diversity 

20 that is reflective of the culture, mission, and core values 

21 of each Armed Force under the jurisdiction of such Sec22 retary. 

23 (d) CONSULTATION.—Not less than annually, the 

24 Secretary of Defense shall meet with the Secretaries of 

25 the military departments, the Joint Chiefs of Staff, and 
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1 senior enlisted members of the Armed Forces to discuss 

2 the progress being made toward developing and imple3 menting the plan established under subsection (a). 

4 (e) REPORTS ON IMPLEMENTATION OF PLAN.—Not 

5 later than July 1, 2013, and biennially thereafter through 

6 July 1, 2017, the Secretary of Defense shall submit to 

7 the congressional defense committees a report on the fol8 lowing: 

9 (1) The progress made in implementing the 

10 plan required by subsection (a) to accurately meas11 ure the efforts of the Department of Defense to 

12 achieve its diversity goals. 

13 (2) The number of members of the Armed 

14 Forces, including reserve components, listed by sex 

15 and race or ethnicity for each grade under each mili16 tary department. 

17 (3) The number of members of the Armed 

18 Forces, including reserve components, who were pro19 moted during the years covered by the report, listed 

20 by sex and race or ethnicity for each grade under 

21 each military department. 

22 (4) The number of members of the Armed 

23 Forces, including reserve components, who reenlisted 

24 or otherwise extended the commitment to military 

25 service during the years covered by the report, listed 
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1 by sex and race or ethnicity for each grade under 

2 each military department. 

3 (5) The available pool of qualified candidates 

4 for the general officer grades of general and lieuten5 ant general and the flag officer grades of admiral 

6 and vice admiral. 

7 (f) APPLICABILITY TO COAST GUARD.—The Sec8 retary of Homeland Security shall apply the provisions of 

9 this section (other than subsection (d)) to the Coast Guard 

10 when it is not operating as a service in the Navy in order 

11 to achieve diversity in the Coast Guard in the same man12 ner, under the same schedule, and subject to the same 

13 conditions as diversity is achieved in the other Armed 

14 Forces under this section. The Secretary shall submit to 

15 the congressional defense committees the reports required 

16 by subsection (e) with respect to the implementation of 

17 the provisions of this section regarding the Coast Guard 

18 when it is not operating as a service in the Navy. 

19 SEC. 522. MODIFICATION OF AUTHORITY TO CONDUCT PRO20 GRAMS ON CAREER FLEXIBILITY TO EN21 HANCE RETENTION OF MEMBERS OF THE 

22 ARMED FORCES. 

23 (a) EXTENSION OF PROGRAMS TO CERTAIN ACTIVE

24 GUARD AND RESERVE PERSONNEL.—Section 533 of Dun-
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1 can Hunter National Defense Authorization Act for Fiscal 

2 Year 2009 (10 U.S.C. prec. 701 note) is amended— 

3 (1) in subsection (a)(1), by inserting ‘‘and 

4 members on active Guard and Reserve duty’’ after 

5 ‘‘officers and enlisted members of the regular com6 ponents’’; 

7 (2) by redesignating subsection (l) as subsection 

8 (m); and 

9 (3) by inserting after subsection (k) the fol10 lowing new subsection (l) 

11 ‘‘(l) DEFINITION.—In this section, the term ‘active 

12 Guard and Reserve duty’ has the meaning given that term 

13 in section 101(d)(6) of title 10, United States Code.’’. 

14 (b) AUTHORITY TO CARRY FORWARD UNUSED AC15 CRUED LEAVE.—Subsection (h) of such section is amend16 ed by adding at the end the following new paragraph: 

17 ‘‘(5) LEAVE.—A member who participates in a 

18 pilot program is entitled to carry forward the exist19 ing leave balance accumulated in accordance with 

20 section 701 of title 10, United States Code, but not 

21 to exceed 60 days.’’. 

22 (c) AUTHORITY FOR DISABILITY PROCESSING.—Sub23 section (j) of such section is amended— 

24 (1) by striking ‘‘for purposes of the entitle25 ment’’ and inserting ‘‘for purposes of— 
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1 ‘‘(1) the entitlement’’; 

2 (2) by striking the period at the end and insert3 ing ‘‘; and’’; and 

4 (3) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) retirement or separation for physical dis7 ability under the provisions of chapters 55 and 61 

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

9 SEC. 523. AUTHORITY FOR ADDITIONAL BEHAVIORAL 

10 HEALTH PROFESSIONALS TO CONDUCT PRE11 SEPARATION MEDICAL EXAMINATIONS FOR 

12 POST-TRAUMATIC STRESS DISORDER. 

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

14 amended— 

15 (1) in paragraph (1), by striking ‘‘or psychia16 trist’’ and inserting ‘‘psychiatrist, licensed clinical 

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

18 (2) in paragraph (3), by striking ‘‘or psychia19 trist’’ and inserting ‘‘, psychiatrist, licensed clinical 

20 social worker, or psychiatric nurse practitioner’’. 

21 SEC. 524. QUARTERLY REPORTS ON INVOLUNTARY SEPA22 RATION OF MEMBERS OF THE ARMED 

23 FORCES. 

24 (a) QUARTERLY REPORTS REQUIRED.—Not later 

25 than 30 days after the end of each calendar year quarter 
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1 in 2013 and 2014, each Secretary of a military depart2 ment shall submit to the Committees on Armed Services 

3 of the Senate and the House of Representatives a report 

4 on the number of members of the regular components of 

5 the Armed Forces under the jurisdiction of such Secretary 

6 who were involuntarily separated from active duty in the 

7 Armed Forces during such calendar year quarter. 

8 (b) ELEMENTS.—Each report on an Armed Force for 

9 a calendar year quarter under subsection (a) shall set 

10 forth the following: 

11 (1) The total number members involuntarily 

12 separated. 

13 (2) The number of members separated set forth 

14 by grade. 

15 (3) The number of members separated set forth 

16 by total years of service in the Armed Forces at the 

17 time of separation. 

18 (4) The number of members separated set forth 

19 by military occupational specialty or rating, or com20 petitive category for officers. 

21 (5) The number of members separated who re22 ceived involuntary separation pay, or who are au23 thorized to receive temporary retired pay, in connec24 tion with separation. 
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1 (6) The number of members who completed 

2 transition assistance programs relating to future em3 ployment. 

4 (7) The average number of months deployed to 

5 overseas contingency operations set forth by grade. 

6 SEC. 525. REVIEW OF ELIGIBILITY OF VICTIMS OF DOMES7 TIC TERRORISM FOR AWARD OF THE PURPLE 

8 HEART AND THE DEFENSE MEDAL OF FREE9 DOM. 

10 (a) REPORT.—Not later than March 1, 2013, the 

11 Secretary of Defense shall, in coordination with the Secre12 taries of the military departments, submit to the Commit13 tees on Armed Services of the Senate and the House of 

14 Representatives a report on— 

15 (1) the advisability of modifying the criteria for 

16 the award of the Purple Heart to provide for the 

17 award of the Purple Heart to members of the Armed 

18 Forces who are killed or wounded in a terrorist at19 tack within the United States that is determined to 

20 be inspired by ideological, political, or religious be21 liefs that give rise to terrorism; and 

22 (2) the advisability of modifying the criteria for 

23 the award of the Defense Medal of Freedom to pro24 vide for the award of the Defense Medal of Freedom 

25 to civilian employees of the United States who are 
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1 killed or wounded in a terrorist attack within the 

2 United States that is determined to be inspired by 

3 ideological, political, or religious beliefs that give rise 

4 to terrorism. 

5 (b) DETERMINATION.—As part of the review under6 taken to prepare the report required by subsection (a), the 

7 Secretary of Defense shall conduct a review of each death 

8 or wounding of a member of the Armed Forces or civilian 

9 employee of the United States Government that occurred 

10 within the United States since September 11, 2001, that 

11 could meet the criteria as being the result of a terrorist 

12 attack within the United States in order to determine 

13 whether such death or wounding qualifies or potentially 

14 would qualify for the award of the Purple Heart or the 

15 Defense Medal of Freedom. 

16 (c) CONSIDERATIONS.—In conducting the review to 

17 prepare the report required by subsection (a), the Sec18 retary of Defense shall take into consideration the fol19 lowing: 

20 (1) The views of veterans service organizations, 

21 including the Military Order of the Purple Heart. 

22 (2) The importance that has been assigned to 

23 determining all available facts before a decision is 

24 made to award the Purple Heart. 
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1 (3) Potential effects of an award on the ability 

2 to prosecute perpetrators of terrorist acts in military 

3 or civilian courts. 

4 (4) The views of the Chairman of the Joint 

5 Chiefs of Staff. 

6 SEC. 526. EXTENSION OF TEMPORARY INCREASE IN ACCU7 MULATED LEAVE CARRYOVER FOR MEMBERS 

8 OF THE ARMED FORCES. 

9 Section 701(d) of title 10, United States Code, is 

10 amended by striking ‘‘September 30, 2013’’ and inserting 

11 ‘‘September 30, 2015’’. 

12 SEC. 527. PROHIBITION ON WAIVER FOR COMMISSIONING 

13 OR ENLISTMENT IN THE ARMED FORCES FOR 

14 ANY INDIVIDUAL CONVICTED OF A FELONY 

15 SEXUAL OFFENSE. 

16 An individual may not be provided a waiver for com17 missioning or enlistment in the Armed Forces if the indi18 vidual has been convicted under Federal or State law of 

19 a felony offense of any of the following: 

20 (1) Rape. 

21 (2) Sexual abuse. 

22 (3) Sexual assault. 

23 (4) Incest. 

24 (5) Any other sexual offense. 
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1 SEC. 528. RESEARCH STUDY ON RESILIENCE IN MEMBERS 

2 OF THE ARMY. 

3 (a) RESEARCH STUDY REQUIRED.— 

4 (1) IN GENERAL.—The Secretary of the Army 

5 shall carry out a research program on resilience in 

6 members of the Army. 

7 (2) PURPOSE.—The purpose of the research 

8 study shall be to determine the effectiveness of the 

9 current Comprehensive Soldier and Family Fitness 

10 (CSF2) Program of the Army while verifying the 

11 current means of the Army to reduce trends in high 

12 risk or self-destructive behavior and to prepare 

13 members of the Army to manage stressful or trau14 matic situations by training members in resilience 

15 strategies and techniques. 

16 (3) ELEMENTS.—In carrying out the research 

17 study, the Secretary shall determine the effectiveness 

18 of training under the Comprehensive Soldier and 

19 Family Fitness program in— 

20 (A) enhancing individual performance 

21 through resiliency techniques and use of posi22 tive and sports psychology; and 

23 (B) identifying and responding to early 

24 signs of high-risk behavior in members of the 

25 Army assigned to units involved in the research 

26 study. 
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1 (4) SCIENCE-BASED EVIDENCE AND TECH2 NIQUES.—The research study shall be rooted in sci3 entific evidence, using professionally accepted meas4 urements of experiments, of longitudinal research, 

5 random-assignment, and placebo-controlled outcome 

6 studies to evaluate which interventions can prove 

7 positive results and which result in no impact. 

8 (b) LOCATIONS.—The Secretary carry out the re9 search study at locations selected by the Secretary from 

10 among Army installations which are representative of the 

11 Total Force. Units from all components of the Army shall 

12 be involved in the research study. 

13 (c) TRAINING.—In carrying out the research study 

14 at an installation selected pursuant to subsection (b), the 

15 Secretary shall ensure, at a minimum, that whenever a 

16 unit returns from combat deployment to the installation 

17 the training established for purposes of the research study 

18 is provided to all members of the Army returning for such 

19 deployment. The training shall include such training as 

20 the Secretary considers appropriate to reduce trends in 

21 high risk or self-destructive behavior. 

22 (d) PERIOD.—The Secretary shall carry out the re23 search study through September 30, 2014. 

24 (e) REPORTS.—Not later than 30 days after the end 

25 of each of fiscal years 2013 and 2014, the Secretary shall 
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1 submit to the Committees on Armed Forces of the Senate 

2 and the House of Representatives a report on the research 

3 study during the preceding fiscal year. Each report shall 

4 include the following: 

5 (1) A description of the trends in high risk or 

6 self-destructive behavior within each of the units in7 volved in the research study during the fiscal year 

8 covered by such report. 

9 (2) A description of the effectiveness of Com10 prehensive Soldier and Family Fitness Program 

11 training in enhancing individual performance 

12 through resiliency techniques, utilization of positive 

13 psychology. 

14 (3) In the case of the report on fiscal year 

15 2014, such recommendations for the expansion or 

16 modification of the research study as the Secretary 

17 considers appropriate. 

18 Subtitle D—Military Justice and 

19 Legal Matters Generally 

20 SEC. 531. CLARIFICATION AND ENHANCEMENT OF THE 

21 ROLE OF THE STAFF JUDGE ADVOCATE TO 

22 THE COMMANDANT OF THE MARINE CORPS. 

23 (a) APPOINTMENT BY THE PRESIDENT AND PERMA24 NENT APPOINTMENT TO GRADE OF MAJOR GENERAL.— 
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1 Subsection (a) of section 5046 of title 10, United States 

2 Code, is amended— 

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

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

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

6 (2) in the second sentence— 

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

8 officer appointed as the’’; and 

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

10 grade’’ and inserting ‘‘holds a lower grade, the 

11 officer shall be appointed in the grade’’. 

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

13 Such section is further amended— 

14 (1) by redesignating subsection (c) as sub15 section (d); and 

16 (2) by inserting after subsection (b) the fol17 lowing new subsection (c): 

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

19 of the Marine Corps, under the direction of the Com20 mandant of the Marine Corps and the Secretary of the 

21 Navy, shall— 

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

23 arising in the Marine Corps as may be assigned to 

24 the Staff Judge Advocate; 
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1 ‘‘(2) perform the functions and duties and exer2 cise the powers prescribed for the Staff Judge Advo3 cate to the Commandant of the Marine Corps in 

4 chapter 47 of this title (the Uniform Code of Mili5 tary Justice) and chapter 53 of this title; and 

6 ‘‘(3) perform such other duties as may be as7 signed to the Staff Judge Advocate.’’. 

8 (c) COMPOSITION OF HEADQUARTERS, MARINE

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

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

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

12 (2) by inserting after paragraph (3) the fol13 lowing new paragraph (4): 

14 ‘‘(4) The Staff Judge Advocate to the Com15 mandant of the Marine Corps.’’. 

16 (d) SUPERVISION OF CERTAIN LEGAL SERVICES.— 

17 (1) ADMINISTRATION OF MILITARY JUSTICE.— 

18 Section 806(a) of such title (article 6(a) of the Uni19 form Code of Military Justice) is amended in the 

20 third sentence by striking ‘‘The Judge Advocate 

21 General’’ and all that follows through ‘‘shall’’ and 

22 inserting ‘‘The Judge Advocates General, and within 

23 the Marine Corps the Staff Judge Advocate to the 

24 Commandant of the Marine Corps, or senior mem25 bers of their staffs, shall’’. 
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1 (2) DELIVERY OF LEGAL ASSISTANCE.—Section 

2 1044(b) of such title is amended by inserting ‘‘and 

3 within the Marine Corps the Staff Judge Advocate 

4 to the Commandant of the Marine Corps’’ after 

5 ‘‘title)’’. 

6 SEC. 532. ADDITIONAL INFORMATION IN REPORTS ON AN7 NUAL SURVEYS OF THE COMMITTEE ON THE 

8 UNIFORM CODE OF MILITARY JUSTICE. 

9 Subsection (c)(2) of section 946 of title 10, United 

10 States Code (article 146 of the Uniform Code of Military 

11 Justice), is amended— 

12 (1) by redesignating subparagraph (B) as sub13 paragraph (C); and 

14 (2) by inserting after subparagraph (A) the fol15 lowing new subparagraph (B): 

16 ‘‘(B) Information from the Judge Advocates 

17 General and the Staff Judge Advocate to the Com18 mandant of the Marine Corps on the following: 

19 ‘‘(i) The appellate review process, includ20 ing— 

21 ‘‘(I) information on compliance with 

22 processing time goals; 

23 ‘‘(II) discussions of the circumstances 

24 surrounding cases in which general court25 martial or special court-martial convictions 
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1 are reversed as a result of command influ2 ence or denial of the right to a speedy re3 view or otherwise remitted due to loss of 

4 records of trial or other administrative de5 ficiencies; and 

6 ‘‘(III) discussions of cases in which a 

7 provision of this chapter is held unconsti8 tutional. 

9 ‘‘(ii) Developments in appellate case law 

10 relating to courts-martial involving allegations 

11 of sexual misconduct under this chapter. 

12 ‘‘(iii) Issues associated with implementing 

13 recent, legislatively directed changes to this 

14 chapter or the Manual for Courts-Martial. 

15 ‘‘(iv) Measures implemented by each armed 

16 force to ensure the ability of judge advocates to 

17 competently participate as trial and defense 

18 counsel in, and preside as military judges over, 

19 capital cases, national security cases, sexual as20 sault cases, and proceedings of military com21 missions. 

22 ‘‘(v) The independent views of the Judge 

23 Advocates General and the Staff Judge Advo24 cate to the Commandant of the Marine Corps 

25 on the sufficiency of resources available within 
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1 their respective armed forces, including man2 power, funding, training, and officer and en3 listed grade structure, to capably perform mili4 tary justice functions.’’. 

5 Subtitle E—Sexual Assault, Hazing, 

6 and Related Matters 

7 SEC. 541. AUTHORITY TO RETAIN OR RECALL TO ACTIVE 

8 DUTY RESERVE COMPONENT MEMBERS WHO 

9 ARE VICTIMS OF SEXUAL ASSAULT WHILE ON 

10 ACTIVE DUTY. 

11 (a) IN GENERAL.—Chapter 1209 of title 10, United 

12 States Code, is amended by adding at the end the fol13 lowing new section: 

14 ‘‘§ 12323. Active duty for response to sexual assault 

15 ‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the case 

16 of a member of a reserve component who is the alleged 

17 victim of sexual assault committed while on active duty 

18 and who is expected to be released from active duty before 

19 the determination of whether the member was assaulted 

20 while in the line of duty, the Secretary concerned may, 

21 upon the request of the member, order the member to be 

22 retained on active duty until the line of duty determina23 tion. A member eligible for continuation on active duty 

24 under this subsection shall be informed as soon as prac-
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1 ticable after the alleged assault of the option to request 

2 continuation on active duty under this subsection. 

3 ‘‘(b) RETURN TO ACTIVE DUTY.—In the case of a 

4 member of a reserve component not on active duty who 

5 is the alleged victim of a sexual assault that occurred while 

6 the member was on active duty and when the determina7 tion whether the member was in the line of duty is not 

8 completed, the Secretary concerned may, upon the request 

9 of the member, order the member to active duty for such 

10 time as necessary to complete the line of duty determina11 tion. 

12 ‘‘(c) REGULATIONS.—The Secretaries of the military 

13 departments shall prescribe regulations to carry out this 

14 section, subject to guidelines prescribed by the Secretary 

15 of Defense. The guidelines of the Secretary of Defense 

16 shall provide that— 

17 ‘‘(1) a request submitted by a member de18 scribed in subsection (a) or (b) to continue on active 

19 duty, or to be ordered to active duty, respectively, 

20 must be decided within 30 days from the date of the 

21 request; and 

22 ‘‘(2) if the request is denied, the member may 

23 appeal to the first general officer or flag officer in 

24 the chain of command of the member, and in the 

25 case of such an appeal a decision on the appeal must 
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1 be made within 15 days from the date of the ap2 peal.’’. 

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

4 at the beginning of chapter 1209 of such title is amended 

5 adding at the end the following new item: 

‘‘12323. Active duty for response to sexual assault.’’. 

6 SEC. 542. ADDITIONAL ELEMENTS IN COMPREHENSIVE DE7 PARTMENT OF DEFENSE POLICY ON SEXUAL 

8 ASSAULT PREVENTION AND RESPONSE. 

9 (a) ADDITIONAL ELEMENTS.—Not later than 180 

10 days after the date of the enactment of this Act, the Sec11 retary of Defense shall modify the revised comprehensive 

12 policy for the Department of Defense sexual assault pre13 vention and response program required by section 1602 

14 of the Ike Skelton National Defense Authorization Act for 

15 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4430; 

16 10 U.S.C. 1561 note) to include in the policy the fol17 lowing: 

18 (1) A requirement to establish within each mili19 tary department, under regulations prescribed by the 

20 Secretary of Defense, an enhanced capability for the 

21 investigation, prosecution, and defense of special vic22 tim offenses under chapter 47 of title 10, United 

23 States Code (the Uniform Code of Military Justice). 

24 (2) A requirement that each military depart25 ment initiate and retain for a period prescribed by 
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1 the Secretary of Defense a record on the disposition 

2 of allegations of sexual assault using forms and pro3 cedures prescribed by the Secretary. 

4 (3) A requirement that all commanders and 

5 commanding officers receive training on sexual as6 sault prevention, response, and policies before, or 

7 shortly after, assuming command. 

8 (4) A requirement that all new members of the 

9 Armed Forces (whether in the regular or reserve 

10 components) receive training on the Department of 

11 Defense policy on sexual assault prevention and re12 sponse program during initial entry training. 

13 (5) A requirement for military commands and 

14 units specified by the Secretary of Defense for pur15 poses of the policy to conduct periodic climate as16 sessments of such commands and units for purposes 

17 of preventing and responding to sexual assaults. 

18 (6) A requirement to post and widely dissemi19 nate information about resources available to report 

20 and respond to sexual assaults, including hotline 

21 phone numbers and Internet websites available to all 

22 members of the Armed Forces. 

23 (7) A requirement to assign responsibility to re24 ceive and investigate complaints against members of 

25 the Armed Forces and civilian personnel of the De-
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1 partment of Defense for the violation or failure to 

2 provide the rights of a crime victim established by 

3 section 3771 of title 18, United States Code, as ap4 plicable to such members and personnel in accord5 ance with Department of Defense Directive 1030.1, 

6 or a successor directive, and Department of Defense 

7 Instruction 1030.2, or a successor instruction. 

8 (8) A requirement that each Secretary of a 

9 military department establish policies that require 

10 that each member of the Armed Forces under the 

11 jurisdiction of such Secretary whose conviction for a 

12 covered offense is final and who is not punitively dis13 charged from the Armed Forces in connection with 

14 such conviction be processed for administrative sepa15 ration from the Armed Forces, which requirement 

16 shall not be interpreted to limit or alter the author17 ity of such Secretary to process members of the 

18 Armed Forces for administrative separation for 

19 other offenses or under other provisions of law. 

20 (b) DEFINITIONS.—In this section: 

21 (1) The term ‘‘covered offense’’ means the fol22 lowing: 

23 (A) Rape or sexual assault under sub24 section (a) or (b) of section 920 of title 10, 
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1 United States Code (article 120 of the Uniform 

2 Code of Military Justice). 

3 (B) Forcible sodomy under section 925 of 

4 title 10, United States Code (article 125 of the 

5 Uniform Code of Military Justice). 

6 (C) An attempt to commit an offense spec7 ified in subparagraph (A) or (B) under section 

8 880 of title 10, United States Code (article 80 

9 of the Uniform Code of Military Justice). 

10 (2) The term ‘‘special victim offenses’’ means 

11 offenses involving allegations of any of the following: 

12 (A) Child abuse. 

13 (B) Rape, sexual assault, or forcible sod14 omy. 

15 (C) Domestic violence involving aggravated 

16 assault. 

17 SEC. 543. HAZING IN THE ARMED FORCES. 

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

19 of the enactment of this Act, each Secretary of a military 

20 department shall, in consultation with the Chief of Staff 

21 of each Armed Force under the jurisdiction of such Sec22 retary, submit to the Committees on Armed Services of 

23 the Senate and the House of Representatives a report on 

24 hazing in such Armed Force. Not later than 180 days 

25 after the date of the enactment of this Act, the Secretary 
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1 of Homeland Security shall submit to the committees of 

2 Congress referred to in the preceding sentence a report 

3 on hazing in the Coast Guard when it is not operating 

4 as a service in the Navy, and, for purposes of such report, 

5 the Armed Forces shall include the Coast Guard when it 

6 is not operating as a service in the Navy. 

7 (b) ELEMENTS.—Each report on an Armed Force re8 quired by subsection (a) shall include the following: 

9 (1) A discussion of the policies of the Armed 

10 Force for preventing and responding to incidents of 

11 hazing. 

12 (2) A description of the methods implemented 

13 to track and report, including report anonymously, 

14 incidents of hazing in the Armed Force. 

15 (3) An assessment by the Secretary submitting 

16 such report of the following: 

17 (A) The scope of the problem of hazing in 

18 the Armed Force. 

19 (B) The training on recognizing and pre20 venting hazing provided members of the Armed 

21 Force. 

22 (C) The actions taken to prevent and re23 spond to hazing incidents in the Armed Force. 

24 (4) A description of the additional actions, if 

25 any, the Secretary submitting such report and the 
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1 Chief of Staff of the Armed Force propose to take 

2 to further address the incidence of hazing in the 

3 Armed Force. 

4 SEC. 544. RETENTION OF CERTAIN FORMS IN CONNECTION 

5 WITH RESTRICTED REPORTS ON SEXUAL AS6 SAULT INVOLVING MEMBERS OF THE ARMED 

7 FORCES. 

8 (a) PERIOD OF RETENTION.—The Secretary of De9 fense shall ensure that all copies of Department of De10 fense Form 2910 and Department of Defense Form 2911 

11 filed in connection with a Restricted Report on an incident 

12 of sexual assault involving a member of the Armed Forces 

13 shall 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. 545. PREVENTION AND RESPONSE TO SEXUAL HAR12 ASSMENT IN THE ARMED FORCES. 

13 (a) COMPREHENSIVE POLICY REQUIRED.— 

14 (1) IN GENERAL.—The Secretary of Defense 

15 shall, in consultation with the Secretaries of the 

16 military departments and the Equal Opportunity Of17 fice of the Department of Defense, develop a com18 prehensive policy to prevent and respond to sexual 

19 harassment in the Armed Forces. The policy shall 

20 provide for the following: 

21 (A) Training for members of the Armed 

22 Forces on the prevention of sexual harassment. 

23 (B) Mechanisms for reporting incidents of 

24 sexual harassment in the Armed Forces, includ25 ing procedures for reporting anonymously. 
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1 (C) Mechanisms for responding to and re2 solving incidents of alleged sexual harassment 

3 incidences involving members of the Armed 

4 Forces, including through the prosecution of of5 fenders. 

6 (2) REPORT.—Not later than one year after the 

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

8 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 required by 

11 paragraph (1). 

12 (b) COLLECTION AND RETENTION OF RECORDS ON

13 DISPOSITION OF REPORTS OF SEXUAL HARASSMENT.— 

14 (1) COLLECTION.—The Secretary of Defense 

15 shall require that the Secretary of each military de16 partment establish a record on the disposition of any 

17 report of sexual harassment, whether such disposi18 tion is court martial, non-judicial punishment, or 

19 other administrative action. The record of any such 

20 disposition shall include the following, as appro21 priate: 

22 (A) Documentary information collected 

23 about the incident reported. 

24 (B) Punishment imposed, including the 

25 sentencing by judicial or non-judicial means in-
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1 cluding incarceration, fines, restriction, and 

2 extra duty as a result of military court-martial, 

3 Federal and local court and other sentencing, 

4 or any other punishment imposed. 

5 (C) Reasons for the selection of the dis6 position and punishments selected. 

7 (D) Administrative actions taken, if any. 

8 (E) Any pertinent referrals offered as a re9 sult of the incident (such as drug and alcohol 

10 counseling and other types of counseling or 

11 intervention). 

12 (2) RETENTION.—The Secretary of Defense 

13 shall require that— 

14 (A) the records established pursuant to 

15 paragraph (1) be retained by the Department of 

16 Defense for a period of not less than 50 years; 

17 and 

18 (B) a copy of such records be maintained 

19 at a centralized location for the same period as 

20 applies to retention of the records under sub21 paragraph (A). 

22 (c) ANNUAL REPORT ON SEXUAL HARASSMENT IN23 VOLVING MEMBERS OF THE ARMED FORCES.— 

24 (1) ANNUAL REPORT ON SEXUAL HARASS25 MENT.—Not later than March 1, 2015, and each 
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1 March 1 thereafter through March 1, 2018, the Sec2 retary of each military department shall submit to 

3 the Secretary of Defense a report on the sexual har4 assments involving members of the Armed Forces 

5 under the jurisdiction of such Secretary during the 

6 preceding year. Each Secretary of a military depart7 ment shall submit the report on a year under this 

8 section at the same time as the submittal of the an9 nual report on sexual assaults during that year 

10 under section 1631 of the Ike Skelton National De11 fense Authorization Act for Fiscal Year 2011 (10 

12 U.S.C. 1561 note). In the case of the Secretary of 

13 the Navy, separate reports shall be prepared under 

14 this section for the Navy and the Marine Corps. 

15 (2) CONTENTS.—The report of a Secretary of a 

16 military department for an Armed Force under 

17 paragraph (1) shall contain the following: 

18 (A) The number of sexual harassments 

19 committed against members of the Armed 

20 Force that were reported to military officials 

21 during the year covered by the report, and the 

22 number of the cases so reported that were sub23 stantiated. 

24 (B) The number of sexual harassments 

25 committed by members of the Armed Force 
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1 that were reported to military officials during 

2 the year covered by the report, and the number 

3 of the cases so reported that were substan4 tiated. The information required by this sub5 paragraph may not be combined with the infor6 mation required by subparagraph (A). 

7 (C) A synopsis of each such substantiated 

8 case and, for each such case, the action taken 

9 in such case, including the type of disciplinary 

10 or administrative sanction imposed, section 815 

11 of title 10, United States Code (article 15 of 

12 the Uniform Code of Military Justice). 

13 (D) The policies, procedures, and processes 

14 implemented by the Secretary during the year 

15 covered by the report in response to incidents of 

16 sexual harassment involving members of that 

17 Armed Force. 

18 (E) Any other matters relating to sexual 

19 harassment involving members of the Armed 

20 Forces that the Secretary considers appro21 priate. 
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1 SEC. 546. ENHANCEMENT OF ANNUAL REPORTS REGARD2 ING SEXUAL ASSAULTS INVOLVING MEMBERS 

3 OF THE ARMED FORCES. 

4 (a) IN GENERAL.—Section 1631(b) of the Ike Skel5 ton National Defense Authorization Act for Fiscal Year 

6 2011 (10 U.S.C. 1561 note) is amended— 

7 (1) by striking paragraph (3) and inserting the 

8 following new paragraph (3): 

9 ‘‘(3) A synopsis of each such substantiated 

10 case, organized by offense, and, for each such case, 

11 the action taken in such case, including the following 

12 information: 

13 ‘‘(A) The type of disciplinary or adminis14 trative sanction imposed, if any, including 

15 courts-martial sentences, non-judicial punish16 ments administered by commanding officers 

17 pursuant to section 815 of title 10, United 

18 States Code (article 15 of the Uniform Code of 

19 Military Justice), and administrative separa20 tions. 

21 ‘‘(B) A description of and rationale for the 

22 final disposition and punishment, regardless of 

23 type of disciplinary or administrative sanction 

24 imposed. 

25 ‘‘(C) The unit and location of service at 

26 which the incident occurred. 
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1 ‘‘(D) Whether the accused was previously 

2 accused of a substantiated sexual assault or 

3 sexual harassment. 

4 ‘‘(E) Whether the accused was admitted to 

5 the Armed Forces under a moral waiver grant6 ed with respect to prior sexual misconduct. 

7 ‘‘(F) Whether alcohol was involved in the 

8 incident. 

9 ‘‘(G) If the member was administratively 

10 separated or, in the case of an officer, allowed 

11 to resign in lieu of facing a court-martial, the 

12 characterization given the service of the mem13 ber upon separation.’’; and 

14 (2) by adding at the end the following new 

15 paragraphs 

16 ‘‘(7) The number of applications submitted 

17 under section 673 of title 10, United States Code, 

18 during the year covered by the report for a perma19 nent change of station or unit transfer for members 

20 of the Armed Forces on active duty who are the vic21 tim of a sexual assault or related offense, the num22 ber of applications denied, and, for each application 

23 denied, a description of the reasons why such appli24 cation was denied. 
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1 ‘‘(8) An analysis and assessment of trends in 

2 the incidence, disposition, and prosecution of sexual 

3 assaults by commands and installations during the 

4 year covered by the report, including trends relating 

5 to prevalence of incidents, prosecution of incidents, 

6 and avoidance of incidents. 

7 ‘‘(9) An assessment of the adequacy of sexual 

8 assault prevention and response activities carried out 

9 by training commands during the year covered by 

10 the report. 

11 ‘‘(10) An analysis of the specific factors that 

12 may have contributed to sexual assault during the 

13 year covered by the report, including sexual harass14 ment and substance abuse, an assessment of the role 

15 of such factors in contributing to sexual assaults 

16 during that year, and recommendations for mecha17 nisms to eliminate or reduce the incidence of such 

18 factors or their contributions to sexual assaults.’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on the date of the enactment 

21 of this Act, and shall apply beginning with the report re22 quired to be submitted by March 1, 2014, under section 

23 1631 of the Ike Skelton National Defense Authorization 

24 Act for Fiscal Year 2011 (as amended by subsection (a)). 
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1 Subtitle F—Education and 

2 Training 

3 SEC. 551. INCLUSION OF THE SCHOOL OF ADVANCED MILI4 TARY STUDIES SENIOR LEVEL COURSE AS A 

5 SENIOR LEVEL SERVICE SCHOOL. 

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

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

9 ‘‘(E) The Senior Level Course of the 

10 School of Advanced Military Studies of the 

11 United States Army Command and General 

12 Staff College.’’. 

13 SEC. 552. MODIFICATION OF ELIGIBILITY FOR ASSOCIATE 

14 DEGREE PROGRAMS UNDER THE COMMU15 NITY COLLEGE OF THE AIR FORCE. 

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

17 amended by adding at the end the following new para18 graph: 

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

20 other than the Air Force who are participating in 

21 joint-service medical training and education or serv22 ing as instructors in joint-service medical training 

23 and education.’’. 
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1 SEC. 553. SUPPORT OF NAVAL ACADEMY ATHLETIC PRO2 GRAMS. 

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

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

6 ‘‘§ 6981. Support of athletic and physical fitness pro7 grams 

8 ‘‘(a) AUTHORITY.— 

9 ‘‘(1) CONTRACTS AND COOPERATIVE AGREE10 MENTS.—The Secretary of the Navy may enter into 

11 contracts and cooperative agreements with the Asso12 ciation for the purpose of supporting the athletic 

13 and physical fitness programs of the Naval Acad14 emy. Notwithstanding section 2304(k) of this title, 

15 the Secretary may enter such contracts or coopera16 tive agreements on a sole source basis pursuant to 

17 section 2304(c)(5) of this title. Notwithstanding 

18 chapter 63 of title 31, a cooperative agreement 

19 under this section may be used to acquire property 

20 or services for the direct benefit or use of the Naval 

21 Academy. 

22 ‘‘(2) LEASES.—The Secretary may enter into 

23 leases, in accordance with section 2667 of this title, 

24 or licenses with the Association for the purpose of 

25 supporting the athletic and physical fitness pro26 grams of the Naval Academy. Any such lease or li-
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1 cense shall be deemed to satisfy the conditions of 

2 section 2667(h)(2) of this title. 

3 ‘‘(b) USE OF NAVY PERSONAL PROPERTY BY THE

4 ASSOCIATION.—The Secretary may allow the Association 

5 to use, at no cost, personal property of the Department 

6 of the Navy to assist the Association in supporting the 

7 athletic and physical fitness programs of the Naval Acad8 emy. 

9 ‘‘(c) ACCEPTANCE OF SUPPORT.— 

10 ‘‘(1) SUPPORT RECEIVED FROM THE ASSOCIA11 TION.—Notwithstanding section 1342 of title 31, the 

12 Secretary may accept from the Association funds, 

13 supplies, and services for the support of the athletic 

14 and physical fitness programs of the Naval Acad15 emy. For purposes of this section, employees or per16 sonnel of the Association may not be considered to 

17 be employees of the United States. 

18 ‘‘(2) FUNDS RECEIVED FROM NCAA.—The Sec19 retary may accept funds from the National Colle20 giate Athletic Association to support the athletic and 

21 physical fitness programs of the Naval Academy. 

22 ‘‘(3) LIMITATION.—The Secretary shall ensure 

23 that contributions under this subsection do not re24 flect unfavorably on the ability of the Department of 

25 the Navy, any of its employees, or any member of 
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1 the armed forces to carry out any responsibility or 

2 duty in a fair and objective manner, or compromise 

3 the integrity or appearance of integrity of any pro4 gram of the Department of the Navy, or any indi5 vidual involved in such a program. 

6 ‘‘(d) RETENTION AND USE OF FUNDS.—Notwith7 standing section 2260(d) of this title, funds received under 

8 this section may be retained for use in support of the 

9 Naval Academy athletic program and shall remain avail10 able until expended. 

11 ‘‘(e) TRADEMARKS AND SERVICE MARKS.— 

12 ‘‘(1) LICENSING, MARKETING, AND SPONSOR13 SHIP AGREEMENTS.—An agreement under sub14 section (a)(1) may, consistent with sections 2260 

15 (other than subsection (d)) and 5022(b)(3) of this 

16 title, authorize the Association to enter into licens17 ing, marketing, and sponsorship agreements relating 

18 to trademarks and service marks identifying the 

19 Naval Academy, subject to the approval of the De20 partment of the Navy. 

21 ‘‘(2) LIMITATIONS.—No such licensing, mar22 keting, or sponsorship agreement may be entered 

23 into if it would reflect unfavorably on the ability of 

24 the Department of the Navy, any of its employees, 

25 or any member of the armed forces to carry out any 
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1 responsibility or duty in a fair and objective manner, 

2 or if the Secretary determines that the use of the 

3 trademark or service mark would compromise the in4 tegrity or appearance of integrity of any program of 

5 the Department of the Navy, or any individual in6 volved in such a program. 

7 ‘‘(f) SERVICE ON ASSOCIATION BOARD OF CON8 TROL.—The Association is a designated entity for which 

9 authorization under sections 1033(a) and 1589(a) of this 

10 title may be provided. 

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

12 section with respect to the Association is available only 

13 so long as the Association continues to— 

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

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

16 1986 and operates in accordance with this section, 

17 the laws of the State of Maryland, and the constitu18 tion and bylaws of the Association; and 

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

20 and physical fitness programs of the Naval Acad21 emy. 

22 ‘‘(h) ASSOCIATION DEFINED.—In this section, the 

23 term ‘Association’ means the Naval Academy Athletic As24 sociation.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 603 of such title is amended 

3 by adding at the end the following new item: 

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

4 SEC. 554. GRADE OF COMMISSIONED OFFICERS IN UNI5 FORMED MEDICAL ACCESSION PROGRAMS. 

6 (a) MEDICAL STUDENTS OF USUHS.—Section 

7 2114(b) of title 10, United States Code, is amended— 

8 (1) in paragraph (1), by striking the second 

9 sentence and inserting the following new sentences: 

10 ‘‘Each medical student shall be appointed as a reg11 ular officer in the grade of second lieutenant or en12 sign. An officer so appointed may, upon meeting 

13 such criteria for promotion as may be prescribed by 

14 the Secretary concerned, be appointed in the regular 

15 grade of first lieutenant or lieutenant (junior grade). 

16 Medical students commissioned under this section 

17 shall serve on active duty in their respective 

18 grades.’’; and 

19 (2) in paragraph (2), by striking ‘‘grade of sec20 ond lieutenant or ensign’’ and inserting ‘‘grade in 

21 which the member is serving under paragraph (1)’’. 

22 (b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOL23 ARSHIP AND FINANCIAL ASSISTANCE PROGRAM.—Section 

24 2121(c) of such title is amended— 
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1 (1) in paragraph (1), by striking the second 

2 sentence and inserting the following new sentences: 

3 ‘‘Each person so commissioned shall be appointed as 

4 a reserve officer in the grade of second lieutenant or 

5 ensign. An officer so appointed may, upon meeting 

6 such criteria for promotion as may be prescribed by 

7 the Secretary concerned, be appointed in the reserve 

8 grade of first lieutenant or lieutenant (junior grade). 

9 Medical students commissioned under this section 

10 shall serve on active duty in their respective grades 

11 for a period of 45 days during each year of partici12 pation in the program.’’; and 

13 (2) in paragraph (2), by striking ‘‘grade of sec14 ond lieutenant or ensign’’ and inserting ‘‘grade in 

15 which the member is serving under paragraph (1)’’. 

16 (c) OFFICERS DETAILED AS STUDENTS AT MEDICAL

17 SCHOOLS.—Subsection (e) of section 2004a of such title 

18 is amended— 

19 (1) in the subsection heading, by striking ‘‘AP20 POINTMENT AND TREATMENT OF PRIOR ACTIVE

21 SERVICE’’ and inserting ‘‘SERVICE ON ACTIVE

22 DUTY’’; and 

23 (2) by striking paragraph (1) and inserting the 

24 following new paragraph (1): 
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1 ‘‘(1) A commissioned officer detailed under sub2 section (a) shall serve on active duty, subject to the limita3 tions on grade specified in section 2114(b)(1) of this title 

4 and with the entitlement to basic pay as specified in sec5 tion 2114(b)(2) of this title.’’. 

6 SEC. 555. AUTHORITY FOR SERVICE COMMITMENT FOR RE7 SERVISTS WHO ACCEPT FELLOWSHIPS, 

8 SCHOLARSHIPS, OR GRANTS TO BE PER9 FORMED IN THE SELECTED RESERVE. 

10 (a) IN GENERAL.—Subsection (b) of section 2603 of 

11 title 10, United States Code, is amended by striking ‘‘on 

12 active duty’’ and all that follows and inserting the fol13 lowing: ‘‘as follows: 

14 ‘‘(1) On active duty for a period at least three 

15 times the length of the period of the education or 

16 training. 

17 ‘‘(2) In the case of a member of the Selected 

18 Reserve— 

19 ‘‘(A) on active duty in accordance with 

20 paragraph (1); or 

21 ‘‘(B) in the Selected Reserve for a period 

22 at least five times the length of the period of 

23 the education or training.’’. 
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1 (b) TECHNICAL AMENDMENTS.—Such section is fur2 ther amended by striking ‘‘Armed Forces’’ each place it 

3 appears and inserting ‘‘armed forces’’. 

4 (c) EFFECTIVE DATE.—The amendment made by 

5 subsection (a) shall apply to agreements entered into 

6 under section 2603(b) of title 10, United States Code, 

7 after the date of the enactment of this Act. 

8 SEC. 556. REPEAL OF REQUIREMENT FOR ELIGIBILITY FOR 

9 IN-STATE TUITION OF AT LEAST 50 PERCENT 

10 OF PARTICIPANTS IN SENIOR RESERVE OFFI11 CERS’ TRAINING CORPS PROGRAM. 

12 Section 2107(c)(1) of title 10, United States Code, 

13 is amended by striking the third sentence. 

14 SEC. 557. 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’’. 

24 (b) ADDITIONAL EXCEPTION.—Subsection (b) of 

25 such section is amended— 
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1 (1) in paragraph (1), by striking ‘‘or’’ at the 

2 end; 

3 (2) in paragraph (2), by striking the period at 

4 the end and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following new 

6 paragraph: 

7 ‘‘(3) if the Secretaries of the military depart8 ments determine that the level of support of all 

9 kinds (including, but not limited to, appropriated 

10 funds) provided to youth development programs 

11 within the Armed Forces is consistent with funding 

12 limitations and the achievement of the objectives of 

13 such programs.’’. 

14 (c) SUBMITTAL OF REPORTS.—Subsection (e) of such 

15 section is amended by striking ‘‘not later than’’ and all 

16 that follows and inserting ‘‘annually through 2012, and 

17 thereafter not later than March 31 of each of 2015, 2018, 

18 and 2020.’’. 
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1 SEC. 558. CONSOLIDATION OF MILITARY DEPARTMENT AU2 THORITY TO ISSUE ARMS, TENTAGE, AND 

3 EQUIPMENT TO EDUCATIONAL INSTITUTIONS 

4 NOT MAINTAINING UNITS OF THE JUNIOR 

5 ROTC. 

6 (a) CONSOLIDATION OF AUTHORITY.—Chapter 152 

7 of title 10, United States Code, is amended by inserting 

8 after section 2552 the following new section: 

9 ‘‘§ 2552a. Arms, tentage, and equipment: educational 

10 institutions not maintaining units of Jun11 ior Reserve Officers’ Training Corps 

12 ‘‘The Secretary of a military department may issue 

13 arms, tentage, and equipment to an educational institution 

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

15 Corps is maintained if the educational institution— 

16 ‘‘(1) offers a course in military instruction pre17 scribed by that Secretary; and 

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

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

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

21 and 9651 of such title are repealed. 

22 (c) CLERICAL AMENDMENTS.— 

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

24 chapter 152 of such title is amended by inserting 

25 after the item relating to section 2552 the following 

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

units of Junior Reserve Officers’ Training Corps’’. 

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

2 chapter 441 of such title is amended by striking the 

3 item relating to section 4651. 

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

5 chapter 667 of such title is amended by striking the 

6 item relating to section 7911. 

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

8 chapter 941 of such title is amended by striking the 

9 item relating to section 9651. 

10 SEC. 559. MODIFICATION OF REQUIREMENT FOR REPORTS 

11 IN FEDERAL REGISTER ON INSTITUTIONS OF 

12 HIGHER EDUCATION INELIGIBLE FOR CON13 TRACTS AND GRANTS FOR DENIAL OF ROTC 

14 OR MILITARY RECRUITER ACCESS TO CAM15 PUS. 

16 Section 983 of title 10, United States Code, is 

17 amended by striking subsection (f). 

18 SEC. 560. COMPTROLLER GENERAL OF THE UNITED 

19 STATES REPORT ON THE RESERVE OFFICERS’ 

20 TRAINING CORPS. 

21 (a) REPORT REQUIRED.—Not later than 270 days 

22 after the date of the enactment of this Act, the Comp23 troller General of the United States shall submit to the 

24 congressional defense committees a report setting forth 
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1 the assessment of the Comptroller General regarding the 

2 following: 

3 (1) Whether the Reserve Officers’ Training 

4 Corps (ROTC) programs of the Departments of the 

5 Army, the Navy, and the Air Force are effectively 

6 meeting, and structured to meet, current and pro7 jected requirements for newly commissioned officers 

8 in the Armed Forces. 

9 (2) The cost-effectiveness and unit productivity 

10 of the current Reserve Officers’ Training Corps pro11 grams. 

12 (3) The adequacy of current oversight and cri13 teria for unit closure for the Reserve Officers’ Train14 ing Corps programs. 

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

16 (a) shall include, at a minimum, the following: 

17 (1) A list of the units of the Reserve Officers’ 

18 Training Corps programs by Armed Force, and by 

19 college or university, and the number of cadets and 

20 midshipman currently enrolled by class or year 

21 group. 

22 (2) The number of officers commissioned in 

23 2012 from the Reserve Officers’ Training Corps pro24 grams, and the number projected to be commis25 sioned over the period of the current future-years 
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1 defense program under section 221 of title 10, 

2 United States Code, from each unit listed under 

3 paragraph (1). 

4 (3) An assessment of the requirements of each 

5 Armed Force for newly commissioned officers in 

6 2012 and the strategic planning regarding such re7 quirements over the period of the current future8 years defense program. 

9 (4) The number of military and civilian per10 sonnel of the Department of Defense assigned to 

11 lead and manage Reserve Officers’ Training Corps 

12 program units, and the grades of the military per13 sonnel so assigned. 

14 (5) An assessment of Department of Defense15 wide and Armed-Force specific standards regarding 

16 the productivity of Reserve Officers’ Training Corps 

17 program units, and an assessment of compliance 

18 with such standards. 

19 (6) An assessment of the projected use by the 

20 Armed Forces of the procedures available to the 

21 Armed Forces to respond to overages in the number 

22 of cadets and midshipmen in the Reserve Officers’ 

23 Training Corps programs. 

24 (7) A description of the plans of the Armed 

25 Forces to retain or disestablish Reserve Officers’ 
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1 Training Corps program units that do not meet pro2 ductivity standards. 

3 SEC. 561. REPORT ON DEPARTMENT OF DEFENSE EFFORTS 

4 TO STANDARDIZE EDUCATIONAL TRAN5 SCRIPTS ISSUED TO SEPARATING MEMBERS 

6 OF THE ARMED FORCES. 

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 submit to the Committees on Armed Serv10 ices of the Senate and the House of Representatives a re11 port on the efforts of the Department of Defense to stand12 ardize the educational transcripts issued to members of 

13 the Armed Forces on their separation from the Armed 

14 Forces. 

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

16 (a) shall include the following: 

17 (1) A description of the similarities and dif18 ferences between the educational transcripts issued 

19 to members separating from the various Armed 

20 Forces. 

21 (2) A description of any assessments done by 

22 the Department, or in conjunction with educational 

23 institutions, to identify shortcomings in the tran24 scripts issued to separating members in connection 
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1 with their ability to qualify for civilian educational 

2 credits. 

3 (3) A description of the implementation plan 

4 for the Joint Services Transcript, including a sched5 ule and the elements of existing educational tran6 scripts to be incorporated into the Transcript. 

7 SEC. 562. COMPTROLLER GENERAL OF THE UNITED 

8 STATES REPORTS ON JOINT PROFESSIONAL 

9 MILITARY EDUCATION MATTERS. 

10 (a) REPORT ON REVIEW OF MILITARY EDUCATION

11 COORDINATION COUNCIL REPORT.— 

12 (1) REVIEW OF METHODOLOGY.—The Comp13 troller General of the United States shall review the 

14 methodology used by the Military Education Coordi15 nation Council in compiling the report on joint pro16 fessional military education that is to be submitted 

17 to the Director of Joint Force Development by 

18 March 1, 2013, pursuant to the Joint Staff Memo19 randum, Joint Staff Review, dated July 16, 2012. 

20 The review shall include an examination of the ana21 lytical approach used by the Council for that report, 

22 including the types of information considered, the 

23 cost savings identified, the benefits of options con24 sidered, the time frames for implementation, and 

25 transparency. 
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1 (2) REPORT.—Not later than 90 days after re2 ceiving from the Director of Joint Force Develop3 ment the report described in paragraph (1), the 

4 Comptroller General shall submit to the Committees 

5 on Armed Services of the Senate and the House of 

6 Representatives a report on the review under para7 graph (1) of the report described in that paragraph. 

8 The report of the Comptroller General under this 

9 paragraph shall set forth the following: 

10 (A) The results of the review under para11 graph (1). 

12 (B) Such recommendations as the Comp13 troller General considers appropriate in light of 

14 the results of the review. 

15 (b) REPORT ON JOINT PROFESSIONAL MILITARY

16 EDUCATION RESEARCH INSTITUTIONS.— 

17 (1) REPORT REQUIRED.—Not later than Janu18 ary 31, 2014, the Comptroller General of the United 

19 States shall submit to the congressional defense 

20 committees a report setting forth the assessment by 

21 the Comptroller General of the work performed by 

22 joint professional military education research institu23 tions in support of professional military education 

24 and the broader mission of the Department of De-
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1 fense, the military departments, and the Defense 

2 Agencies. 

3 (2) ELEMENTS.—The report required by para4 graph (1) shall include an assessment of the fol5 lowing: 

6 (A) The systems, mechanisms, and struc7 tures within the senior and intermediate joint 

8 professional military education colleges and uni9 versities for oversight, governance, and manage10 ment of the joint professional military education 

11 research institutions, including systems, mecha12 nisms, and structures relating to the develop13 ment of policies and budgets for research. 

14 (B) The factors contributing to and the ex15 tent of growth in the number and size of joint 

16 professional military education research institu17 tions since 2000. 

18 (C) The causes and extent of cost growth 

19 at joint professional military education research 

20 institutions since 2000. 

21 (D) The focus of research activity con22 ducted by the joint professional military edu23 cation research institutions, and the extent to 

24 which each joint professional military education 

25 research institution performs a unique research 
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1 function or engages in similar or duplicative ef2 forts with other components or elements of the 

3 Department of Defense. 

4 (E) The measures of effectiveness used by 

5 the joint professional military education re6 search institutions, the senior and intermediate 

7 joint professional military education colleges 

8 and universities, and other oversight entities to 

9 evaluate the performance of the joint profes10 sional military education research institutions 

11 in meeting established goals or objectives. 

12 (3) DEFINITIONS.—In this subsection: 

13 (A) The term ‘‘joint professional military 

14 education research institutions’’ means subordi15 nate organizations (including centers, institutes, 

16 and schools) under the senior and intermediate 

17 joint professional military education colleges 

18 and universities for which research is the pri19 mary mission or reason for existence. 

20 (B) The term ‘‘senior and intermediate 

21 joint professional military education colleges 

22 and universities’’ means the following: 

23 (i) The National Defense University. 

24 (ii) The Army War College. 

25 (iii) The Navy War College. 
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1 (iv) The Air University. 

2 (v) The Air War College. 

3 (vi) The Marine Corp University. 

4 SEC. 563. TROOPS-TO-TEACHERS PROGRAM ENHANCE5 MENTS. 

6 (a) MEMORANDUM OF AGREEMENT.—The Secretary 

7 of Defense and the Secretary of Education shall enter into 

8 a memorandum of agreement pursuant to which the Sec9 retary of Education will undertake the following: 

10 (1) Disseminate information about the Troops11 to-Teachers Program to eligible schools (as defined 

12 in section 2301(3) of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 6671(3)), as 

14 added by subsection (b)(2)). 

15 (2) Advise the Department of Defense on how 

16 to prepare eligible members of the Armed Forces de17 scribed in section 2303(a) of such Act to become 

18 participants in the Program to meet the require19 ments necessary to become a teacher in an eligible 

20 school. 

21 (3) Advise the Department of Defense on how 

22 to identify teacher preparation programs for partici23 pants in the Program. 

24 (4) Inform the Department of Defense of aca25 demic subject areas with critical teacher shortages. 
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1 (5) Identify geographic areas with critical 

2 teacher shortages, especially in high-need schools (as 

3 defined in section 2301(4) of such Act, as added by 

4 subsection (b)(2)). 

5 (b) DEFINITIONS.—Section 2301 of the Elementary 

6 and Secondary Education Act of 1965 (20 U.S.C. 6671) 

7 is amended— 

8 (1) by redesignating paragraphs (2) through 

9 (5) as paragraphs (5) through (8), respectively; and 

10 (2) by inserting after paragraph (1) the fol11 lowing: 

12 ‘‘(2) CHARTER SCHOOL.—The term ‘charter 

13 school’ has the meaning given that term in section 

14 5210. 

15 ‘‘(3) ELIGIBLE SCHOOL.—The term ‘eligible 

16 school’ means— 

17 ‘‘(A) a public school, including a charter 

18 school, at which— 

19 ‘‘(i) at least 30 percent of the stu20 dents enrolled in the school are from fami21 lies with incomes below 185 percent of pov22 erty level (as defined by the Office of Man23 agement and Budget and revised at least 

24 annually in accordance with section 9(b)(1) 

25 of the Richard B. Russell National School 
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1 Lunch Act (42 U.S.C. 1758(b)(1)) applica2 ble to a family of the size involved; or 

3 ‘‘(ii) at least 13 percent of the stu4 dents enrolled in the school qualify for as5 sistance under part B of the Individuals 

6 with Disabilities Education Act; or 

7 ‘‘(B) a Bureau-funded school as defined in 

8 section 1141 of the Education Amendments of 

9 1978 (25 U.S.C. 2021). 

10 ‘‘(4) HIGH-NEED SCHOOL.—Except for pur11 poses of section 2304(d), the term ‘high-need school’ 

12 means— 

13 ‘‘(A) an elementary school or middle school 

14 in which at least 50 percent of the enrolled stu15 dents are children from low-income families, 

16 based on the number of children eligible for free 

17 and reduced priced lunches under the Richard 

18 B. Russell National School Lunch Act (42 

19 U.S.C. 1751 et seq.), the number of children in 

20 families receiving assistance under the State 

21 program funded under part A of title IV of the 

22 Social Security Act (42 U.S.C. 601 et seq.), the 

23 number of children eligible to receive medical 

24 assistance under the Medicaid program, or a 

25 composite of these indicators; 
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1 ‘‘(B) a high school in which at least 40 

2 percent of enrolled students are children from 

3 low-income families, which may be calculated 

4 using comparable data from feeder schools; or 

5 ‘‘(C) a school that is in a local educational 

6 agency that is eligible under section 6211(b).’’. 

7 (c) PROGRAM AUTHORIZATION.—Section 2302 of the 

8 Elementary and Secondary Education Act of 1965 (20 

9 U.S.C. 6672(b)) is amended by striking subsections (b) 

10 through (e) and inserting the following: 

11 ‘‘(b) PROGRAM AUTHORIZED.—The Secretary may 

12 carry out a program (to be known as the ‘Troops-to13 Teachers Program’) to assist eligible members of the 

14 Armed Forces described in section 2303(a) to obtain cer15 tification or licensing as elementary school teachers, sec16 ondary school teachers, or vocational or technical teachers 

17 to meet the requirements necessary to become a teacher 

18 in an eligible school.’’. 

19 (d) YEARS OF SERVICE REQUIREMENTS.—Section 

20 2303(a)(2)(A)(i) of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 6673(a)(2)(A)(i)) is amend22 ed by striking ‘‘6 or more years’’ and inserting ‘‘4 or more 

23 years’’. 

24 (e) PARTICIPATION AGREEMENT.— 
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1 (1) AMENDMENT.—Section 2304 of the Ele2 mentary and Secondary Education Act of 1965 (20 

3 U.S.C. 6674) is amended— 

4 (A) by striking paragraph (1) of subsection 

5 (a) and inserting the following: 

6 ‘‘(1) IN GENERAL.—An eligible member of the 

7 Armed Forces selected to participate in the Program 

8 under section 2303 and to receive financial assist9 ance under this section shall be required to enter 

10 into an agreement with the Secretary in which the 

11 member agrees— 

12 ‘‘(A) within such time as the Secretary 

13 may require, to obtain certification or licensing 

14 as an elementary school teacher, secondary 

15 school teacher, or vocational or technical teach16 er to meet the requirements necessary to be17 come a teacher in an eligible school; and 

18 ‘‘(B) to accept an offer of full-time employ19 ment as an elementary school teacher, sec20 ondary school teacher, or vocational or technical 

21 teacher for not less than 3 school years in an 

22 eligible school, to begin the school year after ob23 taining that certification or licensing.’’; and 

24 (B) by striking subsection (f) and inserting 

25 the following: 
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1 ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR2 CUMSTANCES.—A participant who is paid a stipend or 

3 bonus shall be subject to the repayment provisions of sec4 tion 373 of title 37, United States Code under the fol5 lowing circumstances: 

6 ‘‘(1) FAILURE TO OBTAIN QUALIFICATIONS OR

7 EMPLOYMENT.—The participant fails to obtain 

8 teacher certification or licensing or to meet the re9 quirements necessary to become a teacher in an eli10 gible school or to obtain employment as an elemen11 tary school teacher, secondary school teacher, or vo12 cational or technical teacher as required by the par13 ticipation agreement. 

14 ‘‘(2) TERMINATION OF EMPLOYMENT.—The 

15 participant voluntarily leaves, or is terminated for 

16 cause from, employment as an elementary school 

17 teacher, secondary school teacher, or vocational or 

18 technical teacher during the 3 years of required 

19 service in violation of the participation agreement. 

20 ‘‘(3) FAILURE TO COMPLETE SERVICE UNDER

21 RESERVE COMMITMENT AGREEMENT.—The partici22 pant executed a written agreement with the Sec23 retary concerned under section 2303(e)(2) to serve 

24 as a member of a reserve component of the Armed 
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1 Forces for a period of 3 years and fails to complete 

2 the required term of service.’’. 

3 (f) EFFECTIVE DATE.—The amendments made by 

4 subsections (b) through (e) shall take effect on the first 

5 day of the first month beginning more than 90 days after 

6 the date of the enactment of this Act. 

7 Subtitle G—Defense Dependents’ 

8 Education and Military Family 

9 Readiness Matters 

10 SEC. 571. IMPACT AID FOR CHILDREN WITH SEVERE DIS11 ABILITIES. 

12 Of the amount authorized to be appropriated for fis13 cal year 2013 pursuant to section 301 and available for 

14 operation and maintenance for Defense-wide activities as 

15 specified in the funding table in section 4301, $5,000,000 

16 shall be available for payments under section 363 of the 

17 Floyd D. Spence National Defense Authorization Act for 

18 Fiscal Year 2001 (as enacted into law by Public Law 106– 

19 398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 
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1 SEC. 572. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

2 EDUCATIONAL AGENCIES THAT BENEFIT DE3 PENDENTS OF MEMBERS OF THE ARMED 

4 FORCES AND DEPARTMENT OF DEFENSE CI5 VILIAN EMPLOYEES. 

6 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

7 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

8 amount authorized to be appropriated for fiscal year 2013 

9 by section 301 and available for operation and mainte10 nance for Defense-wide activities as specified in the fund11 ing table in section 4301, $25,000,000 shall be available 

12 only for the purpose of providing assistance to local edu13 cational agencies under subsection (a) of section 572 of 

14 the National Defense Authorization Act for Fiscal Year 

15 2006 (Public Law 109–163; 20 U.S.C. 7703b). 

16 (b) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

17 this section, the term ‘‘local educational agency’’ has the 

18 meaning given that term in section 8013(9) of the Ele19 mentary and Secondary Education Act of 1965 (20 U.S.C. 

20 7713(9)). 

21 SEC. 573. AMENDMENTS TO THE IMPACT AID PROGRAM. 

22 (a) SHORT TITLE.—This section may be cited as the 

23 ‘‘Impact Aid Improvement Act of 2012’’. 

24 (b) AMENDMENTS TO THE IMPACT AID PROGRAM.— 

25 Title VIII of the Elementary and Secondary Education 

26 Act of 1965 (20 U.S.C. 7701 et seq.) is amended— 
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1 (1) in section 8002 (20 U.S.C. 7702)— 

2 (A) in subsection (b)— 

3 (i) in paragraph (2), by striking ‘‘ag4 gregate assessed’’ and inserting ‘‘estimated 

5 taxable’’; and 

6 (ii) by striking paragraph (3) and in7 serting the following: 

8 ‘‘(3) DETERMINATION OF TAXABLE VALUE FOR

9 ELIGIBLE FEDERAL PROPERTY.— 

10 ‘‘(A) IN GENERAL.—In determining the es11 timated taxable value of such acquired Federal 

12 property for fiscal year 2010 and each suc13 ceeding fiscal year, the Secretary shall— 

14 ‘‘(i) first determine the total taxable 

15 value for the purpose of levying property 

16 tax for school purposes for current expend17 itures of real property located within the 

18 boundaries of such local educational agen19 cy; 

20 ‘‘(ii) then determine the total taxable 

21 value of the eligible Federal property by di22 viding the total taxable value as deter23 mined in clause (i) by the difference be24 tween the total acres located within the 

25 boundaries of the local educational agency 
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1 and the number of Federal acres eligible 

2 under this section; and 

3 ‘‘(iii) multiply the per acre value as 

4 calculated under clause (ii) by the number 

5 of Federal acres eligible under this section. 

6 ‘‘(B) SPECIAL RULE.—In the case of Fed7 eral property eligible under this section that is 

8 within the boundaries of 2 or more local edu9 cational agencies, such a local educational agen10 cy may ask the Secretary to calculate the per 

11 acre value of each such local educational agency 

12 as provided under subparagraph (A) and apply 

13 the average of these per acre values to the acres 

14 of the Federal property in such agency.’’; 

15 (B) in subsection (h)— 

16 (i) in paragraph (1)— 

17 (I) in the paragraph heading, by 

18 striking ‘‘FOR PRE-1995 RECIPI19 ENTS’’; 

20 (II) in subparagraph (A), by 

21 striking ‘‘is eligible’’ and all that fol22 lows through the period at the end 

23 and inserting ‘‘was eligible to receive 

24 a payment under this section for fiscal 

25 year 2010.’’; and 
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1 (III) in subparagraph (B), by 

2 striking ‘‘38 percent’’ and all that fol3 lows through the period at the end 

4 and inserting ‘‘90 percent of the aver5 age payment the local educational 

6 agency received in 2006, 2007, 2008, 

7 and 2009.’’; and 

8 (ii) by striking paragraphs (2) 

9 through (4) and inserting the following: 

10 ‘‘(2) FOUNDATION PAYMENTS FOR LOCAL EDU11 CATIONAL AGENCIES DETERMINED ELIGIBLE AFTER

12 FISCAL YEAR 2010.— 

13 ‘‘(A) FIRST YEAR.—From any amounts re14 maining after making payments under para15 graph (1) and subsection (i)(1) for the fiscal 

16 year involved, the Secretary shall make a pay17 ment, in an amount determined in accordance 

18 with subparagraph (C), to each local edu19 cational agency that the Secretary determines 

20 eligible for a payment under this section for a 

21 fiscal year after fiscal year 2010, for the fiscal 

22 year for which such agency was determined eli23 gible for such payment. 

24 ‘‘(B) SECOND AND SUCCEEDING YEARS.— 

25 For any succeeding fiscal year after the first 
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1 fiscal year that a local educational agency re2 ceives a foundation payment under subpara3 graph (A), the amount of the local educational 

4 agency’s foundation payment under this para5 graph for such succeeding fiscal year shall be 

6 equal to the local educational agency’s founda7 tion payment under this paragraph for the first 

8 fiscal year. 

9 ‘‘(C) AMOUNTS.—The amount of a pay10 ment under subparagraph (A) for a local edu11 cational agency shall be determined as follows: 

12 ‘‘(i) Calculate the local educational 

13 agency’s maximum payment under sub14 section (b). 

15 ‘‘(ii) Calculate the percentage that the 

16 amount appropriated under section 

17 8014(a) for the most recent fiscal year for 

18 which the Secretary has completed making 

19 payments under this section is of the total 

20 maximum payments for such fiscal year for 

21 all local educational agencies eligible for a 

22 payment under subsection (b) and multiply 

23 the agency’s maximum payment by such 

24 percentage. 
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1 ‘‘(iii) Multiply the amount determined 

2 under clause (ii) by 90 percent. 

3 ‘‘(3) REMAINING FUNDS.—From any funds re4 maining after making payments under paragraphs 

5 (1) and (2) for the fiscal year involved, the Sec6 retary shall make a payment to each local edu7 cational agency that received a foundation payment 

8 under paragraph (1) or (2) or subsection (i)(1), for 

9 the fiscal year involved in an amount that bears the 

10 same relation to the remainder as a percentage 

11 share determined for the local educational agency 

12 (by dividing the maximum amount that the agency 

13 is eligible to receive under subsection (b) by the total 

14 of the maximum amounts for all such agencies) 

15 bears to the percentage share determined (in the 

16 same manner) for all local educational agencies eligi17 ble to receive a payment under this section for the 

18 fiscal year involved, except that, for the purpose of 

19 calculating a local educational agency’s maximum 

20 amount under subsection (b), data from the most 

21 current fiscal year shall be used.’’; and 

22 (C) in subsection (i)(1), by striking ‘‘the 

23 Secretary shall use the remainder described in 

24 subsection (h)(3) for the fiscal year involved’’ 

25 and inserting ‘‘the Secretary shall use amounts 
214 

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1 remaining after making payments under sub2 section (h)(1) for the fiscal year involved’’; 

3 (2) in section 8003(a)(4) (20 U.S.C. 

4 7703(a)(4))— 

5 (A) in the paragraph heading, by striking 

6 ‘‘RENOVATION OR REBUILDING’’ and inserting 

7 ‘‘RENOVATION, REBUILDING, OR AUTHORIZED

8 FOR DEMOLITION’’; 

9 (B) in subparagraph (A), by striking ‘‘ren10 ovation or rebuilding’’ both places the term ap11 pears and inserting ‘‘renovation, rebuilding, or 

12 authorized for demolition’’; 

13 (C) in subparagraph (B)— 

14 (i) by striking ‘‘renovation or rebuild15 ing’’ each place the term appears and in16 serting ‘‘renovation, rebuilding, or author17 ized for demolition’’; and 

18 (ii) in clause (i)(I), by striking ‘‘3 fis19 cal years’’ and inserting ‘‘4 fiscal years 

20 (which are not required to run consecu21 tively)’’; and 

22 (iii) in clause (ii)(I), by striking ‘‘3 

23 fiscal years’’ and inserting ‘‘4 fiscal years 

24 (which are not required to run consecu25 tively)’’; and 
215 

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1 (D) by adding at the end the following: 

2 ‘‘(C) ELIGIBLE HOUSING.—Renovation, re3 building, or authorized for demolition shall be 

4 defined as projects considered as recapitaliza5 tion, modernization, or restoration as defined 

6 by the Secretary of Defense or the Secretary of 

7 the Interior (as the case may be) and are 

8 projects that last more than 30 days, but do 

9 not include ‘sustainment projects’ such as 

10 painting, carpeting, or minor repairs.’’; and 

11 (3) in section 8010 (20 U.S.C. 7710)— 

12 (A) in subsection (c)— 

13 (i) in paragraph (1), by striking 

14 ‘‘paragraph (3) of this subsection’’ both 

15 places the term appears and inserting 

16 ‘‘paragraph (2)’’; and 

17 (ii) in paragraph (2)(E), by striking 

18 ‘‘under section 8003(b)’’ and all that fol19 lows through the period at the end and in20 serting ‘‘under this title.’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(d) TIMELY PAYMENTS.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 the Secretary shall pay a local educational agency 

25 the full amount that the agency is eligible to receive 
216 

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1 under this title for a fiscal year not later than Sep2 tember 30 of the second fiscal year following the fis3 cal year for which such amount has been appro4 priated if, not later than 1 calendar year following 

5 the fiscal year in which such amount has been ap6 propriated, such local educational agency submits to 

7 the Secretary all the data and information necessary 

8 for the Secretary to pay the full amount that the 

9 agency is eligible to receive under this title for such 

10 fiscal year. 

11 ‘‘(2) PAYMENTS WITH RESPECT OF FISCAL

12 YEARS IN WHICH INSUFFICIENT FUNDS ARE APPRO13 PRIATED.—For a fiscal year in which the amount 

14 appropriated under section 8014 is insufficient to 

15 pay the full amount a local educational agency is eli16 gible to receive under this title, paragraph (1) shall 

17 be applied by substituting ‘is available to pay the 

18 agency’ for ‘the agency is eligible to receive’ both 

19 places the term appears.’’. 

20 (c) EFFECTIVE DATE.—Notwithstanding section 

21 8005(d) of the Elementary and Secondary Education Act 

22 of 1965 (20 U.S.C. 7705(d)), subsection (b)(1), and the 

23 amendments made by subsection (b)(1), shall take effect 

24 with respect to applications submitted under section 8002 
217 

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1 of the Elementary and Secondary Education Act of 1965 

2 (20 U.S.C. 7702) for fiscal year 2010. 

3 SEC. 574. MILITARY SPOUSES. 

4 (a) IN GENERAL.—Subchapter I of chapter 33 of title 

5 5, United States Code, is amended by adding at the end 

6 the following: 

7 ‘‘§ 3330d. Appointment of certain military spouses 

8 ‘‘(a) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘active duty’— 

10 ‘‘(A) has the meaning given that term in 

11 section 101(d)(1) of title 10; 

12 ‘‘(B) includes full-time National Guard 

13 duty (as defined in section 101(d)(5) of title 

14 10); and 

15 ‘‘(C) for a member of a reserve component 

16 (as described in section 10101 of title 10), does 

17 not include training duties or attendance at a 

18 service school; 

19 ‘‘(2) the term ‘agency’— 

20 ‘‘(A) has the meaning given the term ‘Ex21 ecutive agency’ in section 105; and 

22 ‘‘(B) does not include the Government Ac23 countability Office; 

24 ‘‘(3) the term ‘geographic area of the perma25 nent duty station’ means the area from which indi-
218 

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1 viduals reasonably can be expected to travel daily to 

2 and from work at the location of a member’s perma3 nent duty station; 

4 ‘‘(4) the term ‘permanent change of station’ 

5 means the assignment, detail, or transfer of a mem6 ber of the Armed Forces who is on active duty and 

7 serving at a permanent duty station under a com8 petent authorization or order that does not— 

9 ‘‘(A) specify the duty as temporary; 

10 ‘‘(B) provide for assignment, detail, or 

11 transfer, after that different permanent duty 

12 station, to a further different permanent duty 

13 station; or 

14 ‘‘(C) direct return to the initial permanent 

15 duty station; 

16 ‘‘(5) the term ‘relocating spouse of a member of 

17 the Armed Forces’ means an individual who— 

18 ‘‘(A) is married to a member of the Armed 

19 Forces (without regard to whether the indi20 vidual married the member before a permanent 

21 change of station of the member) who is or22 dered to active duty for a period of more than 

23 180 consecutive days; 

24 ‘‘(B) relocates to the member’s permanent 

25 duty station; and 
219 

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1 ‘‘(C) before relocating as described in sub2 paragraph (B), resided outside the geographic 

3 area of the permanent duty station; and 

4 ‘‘(6) the term ‘spouse of a disabled or deceased 

5 member of the Armed Forces’ means an individual— 

6 ‘‘(A) who is married to a member of the 

7 Armed Forces who— 

8 ‘‘(i) is retired, released, or discharged 

9 from the Armed Forces; and 

10 ‘‘(ii) on the date on which the member 

11 retires, is released, or is discharged, has a 

12 disability rating of 100 percent under the 

13 standard schedule of rating disabilities in 

14 use by the Department of Veterans Af15 fairs; or 

16 ‘‘(B) who— 

17 ‘‘(i) was married to a member of the 

18 Armed Forces on the date on which the 

19 member dies while on active duty in the 

20 Armed Forces; and 

21 ‘‘(ii) has not remarried. 

22 ‘‘(b) AUTHORITY.—The head of an agency may ap23 point noncompetitively a relocating spouse of a member 

24 of the Armed Forces or a spouse of a disabled or deceased 

25 member of the Armed Forces. 
220 

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1 ‘‘(c) RELOCATING SPOUSES.— 

2 ‘‘(1) IN GENERAL.—An appointment of a relo3 cating spouse of a member of the Armed Forces 

4 under this section may only be to a position the duty 

5 station for which is within the geographic area of 

6 the permanent duty station of the member of the 

7 Armed Forces, unless there is no agency with a posi8 tion with a duty station within the geographic area 

9 of the permanent duty station of the member of the 

10 Armed Forces. 

11 ‘‘(2) SINGLE APPOINTMENT PER DUTY STA12 TION.—A relocating spouse of a member of the 

13 Armed Forces may not receive more than 1 appoint14 ment under this section for each time the spouse re15 locates as described in subparagraphs (B) and (C) 

16 of subsection (a)(5).’’. 

17 (b) REGULATIONS.—Not later than 180 after the 

18 date of enactment of this Act, the Director of the Office 

19 of Personnel Management shall amend section 315.612 of 

20 title 5, Code of Federal Regulations (relating to non21 competitive appointment of certain military spouses) in ac22 cordance with the amendment made by subsection (a) and 

23 promulgate or amend any other regulations necessary to 

24 carry out the amendment made by subsection (a). 
221 

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1 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of sections for chapter 33 of title 5, United 

3 States Code, is amended by inserting after the item relat4 ing to section 3330c the following: 

‘‘3330d. Appointment of certain military spouses.’’. 

5 SEC. 575. MODIFICATION OF AUTHORITY TO ALLOW DE6 PARTMENT OF DEFENSE DOMESTIC DEPEND7 ENT ELEMENTARY AND SECONDARY 

8 SCHOOLS TO ENROLL CERTAIN STUDENTS. 

9 Section 2164 of title 10, United States Code, is 

10 amended by adding at the end the following new sub11 sections: 

12 ‘‘(k) TUITION-FREE ENROLLMENT IN DOMESTIC DE13 PENDENT SCHOOLS FOR CERTAIN OVERSEAS DEPEND14 ENTS.—Tuition-free enrollment in the domestic dependent 

15 elementary and secondary schools is authorized for de16 pendents who are currently enrolled in the defense depend17 ents’ education school system pursuant to the Defense De18 pendents’ Education Act of 1978 (20 U.S.C. 921 et seq.) 

19 if— 

20 ‘‘(1) such dependents departed their overseas 

21 location due to an authorized departure or evacu22 ation order; 

23 ‘‘(2) the designated safe haven of such depend24 ents is located within commuting distance of a 
222 

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1 school operated by the domestic dependent elemen2 tary and secondary schools; and 

3 ‘‘(3) the school concerned already possesses the 

4 capacity and resources for such dependents to attend 

5 the school. 

6 ‘‘(l) TUITION-PAYING ENROLLMENT IN VIRTUAL EL7 EMENTARY AND SECONDARY EDUCATION PROGRAM FOR

8 CERTAIN DEPENDENTS TRANSITIONING FROM OVER9 SEAS.—Under regulations prescribed by the Secretary, 

10 tuition-paying enrollment in the virtual elementary and 

11 secondary education program of the Department for de12 pendents of members of the armed forces on active duty 

13 is authorized when such dependents— 

14 ‘‘(1) transition from an overseas defense de15 pendents’ education system school into a school op16 erated by a local educational agency or another ac17 credited educational program in the United States, 

18 and 

19 ‘‘(2) are not otherwise eligible to enroll in a do20 mestic dependent elementary or secondary school 

21 pursuant to subsection (a).’’. 

22 SEC. 576. SENSE OF CONGRESS REGARDING SUPPORT FOR 

23 YELLOW RIBBON DAY. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 
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1 (1) The hopes and prayers of the people of the 

2 United States for the safe return of members of the 

3 Armed Forces of the United States serving overseas 

4 are often demonstrated through the proud display of 

5 yellow ribbons. 

6 (2) The designation of a ‘‘Yellow Ribbon Day’’ 

7 would serve as an additional reminder for all people 

8 of the United States of the continued sacrifice of 

9 members of the Armed Forces. 

10 (3) Yellow Ribbon Day would also recognize the 

11 history and meaning of the yellow ribbon as the 

12 symbol of support for members of the Armed Forces 

13 and other individuals of the United States who are 

14 serving in combat or crisis situations overseas. 

15 (b) SENSE OF CONGRESS.—Congress supports the 

16 goals and ideals of Yellow Ribbon Day in honor of mem17 bers of the Armed Forces of the United States who are 

18 serving overseas apart from their families and loved ones. 

19 SEC. 577. REPORT ON FUTURE OF FAMILY SUPPORT PRO20 GRAMS OF THE DEPARTMENT OF DEFENSE. 

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

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

23 of Defense shall submit to the congressional defense com24 mittees a report on the anticipated future of the family 

25 support programs of the Department of Defense during 
224 

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1 the five-year period beginning on the date of the submittal 

2 of the report as end strengths for the Armed Forces are 

3 reduced and the Armed Forces are drawn down from com4 bat operations in Afghanistan. 

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

6 (a) shall include the following: 

7 (1) A description of the current family support 

8 programs of each of the Armed Forces and the De9 partment of Defense, including the name, scope and 

10 intended purpose of each program. 

11 (2) An assessment of the current costs of the 

12 family support programs covered by paragraph (1), 

13 and an estimate of the costs of anticipated family 

14 support programs of the Department over the period 

15 covered by the report. 

16 (3) An assessment of the costs and other con17 sequences associated with the elimination or reduc18 tion of any current family support programs of the 

19 Department over the period covered by the report. 

20 (4) An assessment by the Secretary of the 

21 Army of the Family Readiness Support Assistant 

22 program, and a description of any planned or antici23 pated changes to that program over the period cov24 ered by the report. 
225 

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1 Subtitle H—Other Matters 

2 SEC. 581. FAMILY BRIEFINGS CONCERNING ACCOUNTINGS 

3 FOR MEMBERS OF THE ARMED FORCES AND 

4 DEPARTMENT OF DEFENSE CIVILIAN EM5 PLOYEES LISTED AS MISSING. 

6 Section 1501(a)(1) of title 10, United States Code, 

7 is amended— 

8 (1) in subparagraph (B), by striking ‘‘and’’ at 

9 the end; 

10 (2) in subparagraph (C), by striking the period 

11 at the end and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new sub13 paragraph: 

14 ‘‘(D) coordination of periodic briefing of fami15 lies of missing persons about the efforts of the De16 partment of Defense to account for those persons.’’. 

17 SEC. 582. ENHANCEMENT OF AUTHORITY TO ACCEPT GIFTS 

18 AND SERVICES. 

19 (a) ACTIVITIES BENEFITTING EDUCATION AS SERV20 ICES SUBJECT TO ACCEPTANCE.—Section 2601(i)(2) of 

21 title 10, United States Code, is amended by inserting 

22 ‘‘education,’’ before ‘‘morale,’’. 

23 (b) ACCEPTANCE OF VOLUNTARY SERVICES IN CON24 NECTION WITH ACCOUNTING FOR MISSING PERSONS.— 
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1 Section 1588(a) of such title is amended by adding at the 

2 end the following new paragraph: 

3 ‘‘(9) Voluntary services to facilitate accounting 

4 for missing persons.’’. 

5 (c) AUTHORITY FOR COOPERATIVE AGREEMENTS

6 FOR ACCEPTANCE BY MILITARY MUSEUMS AND EDU7 CATION PROGRAMS OF NONPROFIT SUPPORT.— 

8 (1) IN GENERAL.—Chapter 155 of such title is 

9 amended by adding at the end the following new sec10 tion: 

11 ‘‘§ 2615. Military museums and military education 

12 programs: cooperative agreements for re13 ceipt of support from nonprofit entities 

14 ‘‘The Secretary concerned may enter into a coopera15 tive agreement (as described in section 6305 of title 31) 

16 with a nonprofit entity for purposes related to support of 

17 a military educational institution program or military mu18 seum program if a cooperative agreement is the appro19 priate mechanism to obtain such support under the provi20 sions of section 6305 of title 31.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 155 of such title 

23 is amended by adding at the end the following new 

24 item: 

‘‘2615. Military museums and military education programs: cooperative agreements for receipt of support from nonprofit entities.’’. 
227 

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1 SEC. 583. CLARIFICATION OF AUTHORIZED FISHER HOUSE 

2 RESIDENTS AT THE FISHER HOUSE FOR THE 

3 FAMILIES OF THE FALLEN AND MEDITATION 

4 PAVILION AT DOVER AIR FORCE BASE, DELA5 WARE. 

6 (a) TREATMENT OF FISHER HOUSE FOR THE FAMI7 LIES OF THE FALLEN AND MEDITATION PAVILION.—Sub8 section (a) of section 2493 of title 10, United States Code, 

9 is amended— 

10 (1) in paragraph (1)— 

11 (A) in subparagraph (B), by striking ‘‘by 

12 patients’’ and all that follows through ‘‘such pa13 tients;’’ and inserting ‘‘by authorized Fisher 

14 House residents;’’; and 

15 (B) by adding after subparagraph (C) the 

16 following new flush sentence: 

17 ‘‘The term includes the Fisher House for the Fami18 lies of the Fallen and Meditation Pavilion at Dover 

19 Air Force Base, Delaware, so long as such facility 

20 is available for residential use on a temporary basis 

21 by authorized Fisher House residents.’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(3) The term ‘authorized Fisher House resi25 dents’ means the following: 
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1 ‘‘(A) With respect to a facility described in 

2 the first sentence of paragraph (1) that is lo3 cated in proximity to a health care facility of 

4 the Army, the Air Force, or the Navy, the fol5 lowing persons: 

6 ‘‘(i) Patients of that health care facil7 ity. 

8 ‘‘(ii) Members of the families of such 

9 patients. 

10 ‘‘(iii) Others providing the equivalent 

11 of familial support for such patients. 

12 ‘‘(B) With respect to the Fisher House for 

13 Families of the Fallen and Meditation Pavilion 

14 at Dover Air Force Base, Delaware, the fol15 lowing persons: 

16 ‘‘(i) The primary next of kin of a 

17 member of the armed forces who dies while 

18 located or serving overseas. 

19 ‘‘(ii) Other family members of the de20 ceased member who are eligible for trans21 portation under section 411f(e) of title 37. 

22 ‘‘(iii) An escort of a family member 

23 described in clause (i) or (ii).’’. 
229 

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1 (b) CONFORMING AMENDMENTS.—Subsections (b), 

2 (e), (f), and (g) of such section are amended by striking 

3 ‘‘health care’’ each place it appears. 

4 (c) REPEAL OF SUPERSEDED AUTHORITY.—Section 

5 643 of the National Defense Authorization Act for Fiscal 

6 Year 2012 (Public Law 112–81; 125 Stat. 1466) is re7 pealed. 

8 SEC. 584. REPORT ON ACCURACY OF DATA IN THE DE9 FENSE ENROLLMENT ELIGIBILITY REPORT10 ING SYSTEM. 

11 Not later than 90 days after the date of the enact12 ment of this Act, the Secretary of Defense shall submit 

13 to the Committees on Armed Services of the Senate and 

14 the House of Representatives a plan to improve the com15 pleteness and accuracy of the data contained in the De16 fense Enrollment Eligibility Reporting System (DEERS) 

17 in order to provide for the standardization of identification 

18 credentials required for eligibility, enrollment, trans19 actions, and updates across all Department of Defense in20 stallations and to ensure that those issued military identi21 fication cards and receiving benefits based on such data 

22 are actually eligible for such cards and benefits. 
230 

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1 SEC. 585. POSTHUMOUS HONORARY PROMOTION OF SER2 GEANT PASCHAL CONLEY TO SECOND LIEU3 TENANT IN THE ARMY. 

4 Notwithstanding the time limitation specified in sec5 tion 1521 of title 10, United States Code, or any other 

6 time limitation with respect to posthumous promotions for 

7 persons who served in the Armed Forces, the President 

8 is authorized to issue an appropriate posthumous hon9 orary commission promoting to second lieutenant in the 

10 Army under section 1521 of such title Sergeant (retired) 

11 Paschal Conley, a distinguished Buffalo Soldier who was 

12 recommended for promotion to second lieutenant under 

13 then-existing procedures by General John J. Pershing. 

14 TITLE VI—COMPENSATION AND 

15 OTHER PERSONNEL BENEFITS 

16 Subtitle A—Pay and Allowances 

17 SEC. 601. RATES OF BASIC ALLOWANCE FOR HOUSING FOR 

18 ARMY NATIONAL GUARD AND AIR NATIONAL 

19 GUARD MEMBERS ON FULL-TIME NATIONAL 

20 GUARD DUTY. 

21 Section 403(g) of title 37, United States Code, is 

22 amended by adding at the end the following new para23 graph: 

24 ‘‘(6)(A) The rate of basic allowance for housing to 

25 be paid to a member of the Army National Guard of the 

26 United States or the Air National Guard of the United 
231 

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1 States on full-time National Guard duty shall be based 

2 on the member’s duty location. 

3 ‘‘(B)(i) The rate of basic allowance for housing to be 

4 paid a member described in subparagraph (A) may not 

5 be modified upon the transition of the member from active 

6 duty to full-time National Guard duty, or from full-time 

7 National Guard duty to active duty, when the transition 

8 occurs without a break in active service, unless the transi9 tion results in a permanent change of station and ship10 ment of household goods. 

11 ‘‘(ii) For purposes of this subparagraph, a break in 

12 active service occurs when one or more calendar days be13 tween active service periods do not qualify as active serv14 ice.’’. 

15 SEC. 602. PAYMENT OF BENEFIT FOR NONPARTICIPATION 

16 OF ELIGIBLE MEMBERS IN POST-DEPLOY17 MENT/MOBILIZATION RESPITE ABSENCE 

18 PROGRAM DUE TO GOVERNMENT ERROR. 

19 (a) PAYMENT OF BENEFIT.— 

20 (1) IN GENERAL.—Subject to subsection (e), 

21 the Secretary concerned shall, upon application 

22 therefor, make a payment to each individual de23 scribed in paragraph (2) of $200 for each day of 

24 nonparticipation of such individual in the Post-De-
232 

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1 ployment/Mobilization Respite Absence program as 

2 described in that paragraph. 

3 (2) COVERED INDIVIDUALS.—An individual de4 scribed in this paragraph is an individual who— 

5 (A) was eligible for participation as a 

6 member of the Armed Forces in the Post-De7 ployment/Mobilization Respite Absence pro8 gram; but 

9 (B) as determined by the Secretary con10 cerned pursuant to an application for the cor11 rection of the military records of such indi12 vidual pursuant to section 1552 of title 10, 

13 United States Code, did not participate in one 

14 or more days in the program for which the indi15 vidual was so eligible due to Government error. 

16 (b) DECEASED INDIVIDUALS.— 

17 (1) APPLICATIONS.—If an individual otherwise 

18 covered by subsection (a) is deceased, the application 

19 required by that subsection shall be made by the in20 dividual’s legal representative. 

21 (2) PAYMENT.—If an individual to whom pay22 ment would be made under subsection (a) is de23 ceased at time of payment, payment shall be made 

24 in the manner specified in section 1552(c)(2) of title 

25 10, United States Code. 
233 

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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) OFFSET.—The Secretary of Defense shall trans21 fer $2,000,000 from the unobligated balances of the Pen22 tagon Reservation Maintenance Revolving Fund estab23 lished under section 2674(e) of title 10, United States 

24 Code, to the Miscellaneous Receipts Fund of the United 

25 States Treasury. 
234 

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1 (f) DEFINITIONS.—In this section, the terms ‘‘Post2 Deployment/Mobilization Respite Absence program’’ and 

3 ‘‘Secretary concerned’’ have the meaning given such terms 

4 in section 604(f) of the National Defense Authorization 

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

6 2350). 

7 SEC. 603. 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 Subtitle B—Bonuses and Special 

15 and Incentive Pays 

16 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

17 SPECIAL PAY AUTHORITIES FOR RESERVE 

18 FORCES. 

19 The following sections of title 37, United States 

20 Code, are amended by striking ‘‘December 31, 2012’’ and 

21 inserting ‘‘December 31, 2013’’: 

22 (1) Section 308b(g), relating to Selected Re23 serve reenlistment bonus. 

24 (2) Section 308c(i), relating to Selected Reserve 

25 affiliation or enlistment bonus. 
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1 (3) Section 308d(c), relating to special pay for 

2 enlisted members assigned to certain high-priority 

3 units. 

4 (4) Section 308g(f)(2), relating to Ready Re5 serve enlistment bonus for persons without prior 

6 service. 

7 (5) Section 308h(e), relating to Ready Reserve 

8 enlistment and reenlistment bonus for persons with 

9 prior service. 

10 (6) Section 308i(f), relating to Selected Reserve 

11 enlistment and reenlistment bonus for persons with 

12 prior service. 

13 (7) Section 910(g), relating to income replace14 ment payments for reserve component members ex15 periencing extended and frequent mobilization for 

16 active duty service. 

17 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

18 SPECIAL PAY AUTHORITIES FOR HEALTH 

19 CARE PROFESSIONALS. 

20 (a) TITLE 10 AUTHORITIES.—The following sections 

21 of title 10, United States Code, are amended by striking 

22 ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

23 2013’’: 

24 (1) Section 2130a(a)(1), relating to nurse offi25 cer candidate accession program. 
236 

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1 (2) Section 16302(d), relating to repayment of 

2 education loans for certain health professionals who 

3 serve in the Selected Reserve. 

4 (b) TITLE 37 AUTHORITIES.—The following sections 

5 of title 37, United States Code, are amended by striking 

6 ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

7 2013’’: 

8 (1) Section 302c–1(f), relating to accession and 

9 retention bonuses for psychologists. 

10 (2) Section 302d(a)(1), relating to accession 

11 bonus for registered nurses. 

12 (3) Section 302e(a)(1), relating to incentive 

13 special pay for nurse anesthetists. 

14 (4) Section 302g(e), relating to special pay for 

15 Selected Reserve health professionals in critically 

16 short wartime specialties. 

17 (5) Section 302h(a)(1), relating to accession 

18 bonus for dental officers. 

19 (6) Section 302j(a), relating to accession bonus 

20 for pharmacy officers. 

21 (7) Section 302k(f), relating to accession bonus 

22 for medical officers in critically short wartime spe23 cialties. 
237 

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1 (8) Section 302l(g), relating to accession bonus 

2 for dental specialist officers in critically short war3 time specialties. 

4 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

5 BONUS AUTHORITIES FOR NUCLEAR OFFI6 CERS. 

7 The following sections of title 37, United States 

8 Code, are amended by striking ‘‘December 31, 2012’’ and 

9 inserting ‘‘December 31, 2013’’: 

10 (1) Section 312(f), relating to special pay for 

11 nuclear-qualified officers extending period of active 

12 service. 

13 (2) Section 312b(c), relating to nuclear career 

14 accession bonus. 

15 (3) Section 312c(d), relating to nuclear career 

16 annual incentive bonus. 

17 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT18 ING TO TITLE 37 CONSOLIDATED SPECIAL 

19 PAY, INCENTIVE PAY, AND BONUS AUTHORI20 TIES. 

21 The following sections of title 37, United States 

22 Code, are amended by striking ‘‘December 31, 2012’’ and 

23 inserting ‘‘December 31, 2013’’: 

24 (1) Section 331(h), relating to general bonus 

25 authority for enlisted members. 
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1 (2) Section 332(g), relating to general bonus 

2 authority for officers. 

3 (3) Section 333(i), relating to special bonus and 

4 incentive pay authorities for nuclear officers. 

5 (4) Section 334(i), relating to special aviation 

6 incentive pay and bonus authorities for officers. 

7 (5) Section 335(k), relating to special bonus 

8 and incentive pay authorities for officers in health 

9 professions. 

10 (6) Section 351(h), relating to hazardous duty 

11 pay. 

12 (7) Section 352(g), relating to assignment pay 

13 or special duty pay. 

14 (8) Section 353(i), relating to skill incentive 

15 pay or proficiency bonus. 

16 (9) Section 355(h), relating to retention incen17 tives for members qualified in critical military skills 

18 or assigned to high priority units. 

19 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT20 ING TO PAYMENT OF OTHER TITLE 37 BO21 NUSES AND SPECIAL PAYS. 

22 The following sections of title 37, United States 

23 Code, are amended by striking ‘‘December 31, 2012’’ and 

24 inserting ‘‘December 31, 2013’’: 
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1 (1) Section 301b(a), relating to aviation officer 

2 retention bonus. 

3 (2) Section 307a(g), relating to assignment in4 centive pay. 

5 (3) Section 308(g), relating to reenlistment 

6 bonus for active members. 

7 (4) Section 309(e), relating to enlistment 

8 bonus. 

9 (5) Section 324(g), relating to accession bonus 

10 for new officers in critical skills. 

11 (6) Section 326(g), relating to incentive bonus 

12 for conversion to military occupational specialty to 

13 ease personnel shortage. 

14 (7) Section 327(h), relating to incentive bonus 

15 for transfer between armed forces. 

16 (8) Section 330(f), relating to accession bonus 

17 for officer candidates. 

18 SEC. 616. INCREASE IN AMOUNT OF OFFICER AFFILIATION 

19 BONUS FOR OFFICERS IN THE SELECTED RE20 SERVE. 

21 Section 308j(d) of title 37, United States Code, is 

22 amended by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. 
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1 SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE 

2 BONUS FOR RESERVE COMPONENT MEM3 BERS WHO CONVERT MILITARY OCCUPA4 TIONAL SPECIALTY TO EASE PERSONNEL 

5 SHORTAGES. 

6 Section 326(c)(1) of title 37, United States Code, is 

7 amended by striking ‘‘, in the case of’’ the first place it 

8 appears and all that follows through ‘‘reserve component 

9 of the armed forces’’. 

10 Subtitle C—Travel and 

11 Transportation Allowances 

12 SEC. 631. PERMANENT CHANGE OF STATION ALLOWANCES 

13 FOR MEMBERS OF SELECTED RESERVE 

14 UNITS FILLING A VACANCY IN ANOTHER 

15 UNIT AFTER BEING INVOLUNTARILY SEPA16 RATED. 

17 (a) TRAVEL AND TRANSPORTATION ALLOWANCES

18 GENERALLY.—Section 474 of title 37, United States 

19 Code, is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (4), by striking ‘‘and’’ at 

22 the end; 

23 (B) in paragraph (5), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 

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

26 paragraph: 
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1 ‘‘(6) upon filling a vacancy in a Selected Re2 serve unit at a duty station that is more than 150 

3 miles from the member’s residence if— 

4 ‘‘(A) during the preceding three years the 

5 member was involuntarily separated under 

6 other than adverse conditions (as characterized 

7 by the Secretary concerned) while assigned to a 

8 unit of the Selected Reserve certified by the 

9 Secretary concerned as having been adversely 

10 affected by force structure reductions during 

11 the period beginning on October 1, 2012, and 

12 ending on December 31, 2018; 

13 ‘‘(B) the involuntary separation occurred 

14 during the period beginning on October 1, 

15 2012, and ending on December 31, 2018; and 

16 ‘‘(C) the member is— 

17 ‘‘(i) qualified in a skill designated as 

18 critically short by the Secretary concerned; 

19 or 

20 ‘‘(ii) filling a vacancy in a Selected 

21 Reserve unit with a critical manpower 

22 shortage, or in a pay grade with a critical 

23 manpower shortage in such unit.’’; 

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

25 following new paragraph: 
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1 ‘‘(4)(A) A member may be provided travel and trans2 portation allowances under subsection (a)(6) only with re3 spect to the filling of a vacancy in a Selected Reserve unit 

4 one time. 

5 ‘‘(B) Regulations under this section shall provide that 

6 whenever travel and transportation allowances are paid 

7 under subsection (a)(6), the cost shall be borne by the unit 

8 filling the vacancy.’’; and 

9 (3) in subsection (j), by striking ‘‘In this’’ and 

10 inserting ‘‘Other than in subsection (a)(6), in this’’. 

11 (b) TRAVEL AND TRANSPORTATION ALLOWANCES

12 FOR DEPENDENTS AND HOUSEHOLD EFFECTS.—Section 

13 476 of such title is amended— 

14 (1) by redesignating subsections (l), (m), and 

15 (n) as subsections (m), (n), and (o); and 

16 (2) by inserting after subsection (k) the fol17 lowing new subsection (l) 

18 ‘‘(l)(1) A member described in paragraph (2) is enti19 tled to the travel and transportation allowances, including 

20 allowances with respect to dependents, authorized by this 

21 section upon filling a vacancy as described in that para22 graph as if the member were undergoing a permanent 

23 change of station under orders in filling such vacancy. 

24 ‘‘(2) A member described in this paragraph is a mem25 ber who is filling a vacancy in a Selected Reserve unit at 
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1 a duty station that is more than 150 miles from the mem2 ber’s residence if— 

3 ‘‘(A) during the three years preceding filling the 

4 vacancy, the member was involuntarily separated 

5 under other than adverse conditions (as character6 ized by the Secretary concerned) while assigned to a 

7 unit of the Selected Reserve certified by the Sec8 retary concerned as having been adversely affected 

9 by force structure reductions during the period be10 ginning on October 1, 2012, and ending on Decem11 ber 31, 2018; 

12 ‘‘(B) the involuntary separation occurred during 

13 the period beginning on October 1, 2012, and ending 

14 on December 31, 2018; and 

15 ‘‘(C) the member is— 

16 ‘‘(i) qualified in a skill designated as criti17 cally short by the Secretary concerned; or 

18 ‘‘(ii) filling a vacancy in a Selected Reserve 

19 unit with a critical manpower shortage, or in a 

20 pay grade with a critical manpower shortage in 

21 such unit. 

22 ‘‘(3) Any allowances authorized by this section that 

23 are payable under this subsection may be payable in ad24 vance if payable in advance to a member undergoing a 
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1 permanent change of station under orders under the appli2 cable provision of this section.’’. 

3 SEC. 632. AUTHORITY FOR COMPREHENSIVE PROGRAM 

4 FOR SPACE-AVAILABLE TRAVEL ON DEPART5 MENT OF DEFENSE AIRCRAFT. 

6 (a) IN GENERAL.—Chapter 157 of title 10, United 

7 States Code, is amended by inserting after section 2641b 

8 the following new section: 

9 ‘‘§ 2641c. Space-available travel on Department of De10 fense aircraft 

11 ‘‘(a) AUTHORITY TO ESTABLISH PROGRAM.—(1) 

12 The Secretary of Defense may establish a program to pro13 vide transportation on Department of Defense aircraft on 

14 a space-available basis. 

15 ‘‘(2) The program shall be conducted pursuant to 

16 regulations prescribed by the Secretary for purposes of 

17 this section. Such regulations shall be prescribed by not 

18 later than January 1, 2014, and shall take effect on that 

19 date or such earlier date as the Secretary shall specify in 

20 such regulations. 

21 ‘‘(3) The program shall be conducted in a budget 

22 neutral manner. No additional funds may be used, or 

23 flight hours performed, for the provision of transportation 

24 under the program. 
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1 ‘‘(b) BENEFIT.—If the Secretary establishes a pro2 gram authorized by subsection (a), the Secretary shall, 

3 subject to section (c), provide the benefit under the pro4 gram to the following categories of individuals: 

5 ‘‘(1) Members of the armed forces on active 

6 duty. 

7 ‘‘(2) Members of the Selected Reserve who hold 

8 a valid Uniformed Services Identification and Privi9 lege Card. 

10 ‘‘(3) Retired members of a regular or reserve 

11 component of the armed forces, including retired 

12 members of reserve components, who, but for being 

13 under the eligibility age applicable under section 

14 12731 of this title, would be eligible for retired pay 

15 under chapter 1223 of this title. 

16 ‘‘(4) The unremarried spouses of members of 

17 the armed forces who were killed on active duty or 

18 otherwise died in the line of duty, and the 

19 unremarried spouses of former members of the 

20 armed forces who died of a combat-related illness or 

21 injury, who hold a valid Uniformed Services Identi22 fication and Privilege Card. 

23 ‘‘(5) Such categories of dependents of individ24 uals described in paragraphs (1) through (3) as the 

25 Secretary shall specify in the regulations under sub-
246 

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1 section (a), under such conditions and circumstances 

2 as the Secretary shall specify in such regulations. 

3 ‘‘(6) Such other categories of individuals as the 

4 Secretary, in the discretion of the Secretary, con5 siders appropriate. 

6 ‘‘(c) ADMINISTRATION.—In carrying out a program 

7 under this section, the Secretary shall— 

8 ‘‘(1) in the sole discretion of the Secretary, es9 tablish an order of priority for transportation under 

10 the program for categories of individuals under sub11 section (b) that is based on considerations of mili12 tary necessity, humanitarian concerns, and enhance13 ment of morale; 

14 ‘‘(2) give priority in consideration of transpor15 tation under the program to the demands of mem16 bers of the armed forces in the regular components 

17 and in the reserve components on active duty and to 

18 the need to provide such members, and their depend19 ents, a means of respite from such demands; and 

20 ‘‘(3) implement policies aimed at ensuring cost 

21 control and the safety, security, and efficient proc22 essing of travelers, including limiting the benefit 

23 under the program to one or more categories of indi24 viduals set forth in subsection (b) if considered nec25 essary by the Secretary. 
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1 ‘‘(d) CONSTRUCTION.—The authority to provide 

2 transportation under this section is in addition to any 

3 other authority under law to provide transportation on De4 partment of Defense aircraft on a space-available basis.’’. 

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

6 at the beginning of chapter 157 of such title is amended 

7 by inserting after the item relating to section 2641b the 

8 following new item: 

‘‘2641c. Space-available travel on Department of Defense aircraft.’’. 

9 Subtitle D—Disability, Retired Pay, 

10 and Survivor Benefits 

11 SEC. 641. REPEAL OF REQUIREMENT FOR PAYMENT OF 

12 SURVIVOR BENEFIT PLAN PREMIUMS WHEN 

13 PARTICIPANT WAIVES RETIRED PAY TO PRO14 VIDE A SURVIVOR ANNUITY UNDER FEDERAL 

15 EMPLOYEES RETIREMENT SYSTEM AND TER16 MINATION OF PAYMENT OF SURVIVOR BEN17 EFIT PLAN ANNUITY. 

18 (a) DEPOSITS NOT REQUIRED.—Section 1452(e) of 

19 title 10, United States Code, is amended— 

20 (1) in the subsection heading, by inserting 

21 ‘‘AND FERS’’ after ‘‘CSRS’’; 

22 (2) by inserting ‘‘or for the purposes of chapter 

23 84 of title 5,’’ after ‘‘chapter 83 of title 5,’’; 

24 (3) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; 

25 and 
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1 (4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 

2 (b) CONFORMING AMENDMENTS.—Section 1450(d) 

3 of such title is amended— 

4 (1) by inserting ‘‘or for the purposes of chapter 

5 84 of title 5,’’ after ‘‘chapter 83 of title 5,’’; 

6 (2) by inserting ‘‘or 8146(a)’’ after ‘‘8339(j)’’; 

7 and 

8 (3) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b).’’ 

9 (c) APPLICABILITY.—The amendments made by this 

10 section shall apply with respect to any participant electing 

11 a annuity for survivors under chapter 84 of title 5, United 

12 States Code, on or after the date of the enactment of this 

13 Act. 

14 SEC. 642. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY 

15 SERVICEMEMBERS’ GROUP LIFE INSURANCE 

16 FOR MEMBERS OF THE ARMED FORCES MAR17 RIED TO OTHER MEMBERS. 

18 Section 1967(a)(1) of title 38, United States Code, 

19 is amended— 

20 (1) in subparagraph (A)(ii), by inserting after 

21 ‘‘insurable dependent of the member’’ the following: 

22 ‘‘(other than a dependent who is also a member of 

23 a uniformed service and, because of such member24 ship, automatically insured under this paragraph)’’; 

25 and 
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1 (2) in subparagraph (C)(ii), by inserting after 

2 ‘‘insurable dependent of the member’’ the following: 

3 ‘‘(other than a dependent who is also a member of 

4 a uniformed service and, because of such member5 ship, automatically insured under this paragraph)’’. 

6 SEC. 643. CLARIFICATION OF COMPUTATION OF COMBAT7 RELATED SPECIAL COMPENSATION FOR 

8 CHAPTER 61 DISABILITY RETIREES. 

9 (a) IN GENERAL.—Section 1413a(b)(3) of title 10, 

10 United States Code, is amended by striking ‘‘shall be re11 duced by the amount (if any) by which the amount of the 

12 member’s retired pay under chapter 61 of this title ex13 ceeds’’ both places it appears and inserting ‘‘may not, 

14 when combined with the amount of retired pay payable 

15 to the retiree after any such reduction under sections 5304 

16 and 5305 of title 38, cause the total of such combined 

17 payment to exceed’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on October 1, 2013, and shall 

20 apply to payments for months beginning on or after that 

21 date. 
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1 Subtitle E—Military Lending 

2 Matters 

3 SEC. 651. ENHANCEMENT OF PROTECTIONS ON CONSUMER 

4 CREDIT FOR MEMBERS OF THE ARMED 

5 FORCES AND THEIR DEPENDENTS. 

6 (a) CONSUMER CREDIT.—Paragraph (6) of section 

7 987(i) of title 10, United States Code, is amended to read 

8 as follows: 

9 ‘‘(6) CONSUMER CREDIT.— 

10 ‘‘(A) IN GENERAL.—The term ‘consumer 

11 credit’ shall be defined by the Secretary of De12 fense in regulations prescribed under this sec13 tion, and shall include, in addition to any other 

14 meaning provided for in such regulations, the 

15 following: 

16 ‘‘(i) A vehicle title loan for any dura17 tion, whether open end or closed end. 

18 ‘‘(ii) A payday loan for any duration, 

19 whether open end or closed end. 

20 ‘‘(iii) A tax refund anticipation loan. 

21 ‘‘(B) EXCLUSIONS.—The term ‘consumer 

22 credit’ does not include the following: 

23 ‘‘(i) A residential mortgage. 

24 ‘‘(ii) A loan procured in the course of 

25 purchasing a car or other personal prop-
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1 erty, when that loan is offered for the ex2 press purpose of financing the purchase 

3 and is secured by the car or personal prop4 erty procured.’’. 

5 (b) POLICY ON PREDATORY EXTENSION OF CREDIT

6 THROUGH INSTALLMENT LOANS TARGETING MEMBERS

7 OF THE ARMED FORCES AND DEPENDENTS.— 

8 (1) POLICY REQUIRED.—The Secretary of De9 fense shall, in consultation with the officials and en10 tities specified in section 987(h)(3) of title 10, 

11 United States Code, prescribe a policy on the preda12 tory extension of credit through installment loans 

13 targeting members of the Armed Forces and their 

14 dependents. 

15 (2) OBJECTIVES.—The objectives of the policy 

16 required by paragraph (1) shall be as follows: 

17 (A) To enhance protections afforded mem18 bers of the Armed Forces and their dependents 

19 under section 987 of title 10, United States 

20 Code, by curbing continuing predatory lending 

21 practices targeting members of the Armed 

22 Forces and their dependents that are not cur23 rently regulated under that section. 

24 (B) To improve the financial literacy of 

25 members of the Armed Forces and their de-
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1 pendents with respect to installment loans and 

2 other forms of credit not currently regulated 

3 under section 987 of title 10, United States 

4 Code. 

5 (C) To make members of the Armed 

6 Forces and their dependents aware of other, 

7 more beneficial sources of financial aid and 

8 credit services (such as those available through 

9 military relief societies) than installment loans. 

10 (D) If considered appropriate by the Sec11 retary of Defense, to provide, by regulation, for 

12 the coverage under section 987 of title 10, 

13 United States Code, of installment loans ex14 tended to members of the Armed Forces and 

15 dependents protected by that section. 

16 (c) EFFECTIVE DATE.— 

17 (1) MODIFICATION OF REGULATIONS.—The 

18 Secretary of Defense shall modify the regulations 

19 prescribed under section 987 of title 10, United 

20 States Code, to take into account the amendment 

21 made by subsection (a). 

22 (2) EFFECTIVE DATE OF MODIFICATION AND

23 POLICY.—The amendment made by subsection (a), 

24 and the policy required by subsection (b), shall take 

25 effect on— 
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1 (A) the date that is one year after the date 

2 of the enactment of this Act; or 

3 (B) such earlier date as the Secretary shall 

4 specify. 

5 (3) PUBLICATION OF EARLIER DATE.—If pur6 suant to paragraph (2)(B) the Secretary specifies an 

7 earlier effective date for the amendment made by 

8 subsection (a) and the policy required by subsection 

9 (b), the Secretary shall publish notice of such earlier 

10 effective date in the Federal Register not later than 

11 90 days before such earlier effective date. 

12 SEC. 652. ADDITIONAL ENHANCEMENTS OF PROTECTIONS 

13 ON CONSUMER CREDIT FOR MEMBERS OF 

14 THE ARMED FORCES AND THEIR DEPEND15 ENTS. 

16 (a) PROTECTIONS AGAINST DIFFERENTIAL TREAT17 MENT ON CONSUMER CREDIT UNDER STATE LAW.—Sub18 section (d)(2) of section 987 of title 10, United States 

19 Code, is amended— 

20 (1) in subparagraph (A), by inserting ‘‘any con21 sumer credit or’’ before ‘‘loans’’; and 

22 (2) in subparagraph (B), by inserting ‘‘covering 

23 consumer credit’’ after ‘‘State consumer lending pro24 tections’’. 
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1 (b) REGULAR CONSULTATIONS ON PROTECTIONS.— 

2 Subsection (h)(3) of such section is amended— 

3 (1) in the matter preceding subparagraph (A)— 

4 (A) by inserting ‘‘and not less often than 

5 once every two years thereafter,’’ after ‘‘under 

6 this subsection,’’; and 

7 (B) by inserting ‘‘appropriate Federal 

8 agencies, including’’ before ‘‘the following’’; 

9 (2) by striking subparagraph (E); and 

10 (3) by redesignating subparagraphs (F) and 

11 (G) as subparagraphs (E) and (F), respectively. 

12 (c) EFFECTIVE DATE.— 

13 (1) MODIFICATION OF REGULATIONS.—The 

14 Secretary of Defense shall modify the regulations 

15 prescribed under section 987 of title 10, United 

16 States Code, to take into account the amendments 

17 made by subsection (a). 

18 (2) EFFECTIVE DATE.—The amendments made 

19 by subsection (a) shall take effect on— 

20 (A) the date that is one year after the date 

21 of the enactment of this Act; or 

22 (B) such earlier date as the Secretary shall 

23 specify in the modification of regulations re24 quired by paragraph (1). 
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1 (3) PUBLICATION OF EARLIER DATE.—If the 

2 Secretary specifies an earlier effective date for the 

3 amendments made by subsection (a) pursuant to 

4 paragraph (2)(B), the Secretary shall publish notice 

5 of such earlier effective date in the Federal Register 

6 not later than 90 days before such earlier effective 

7 date. 

8 SEC. 653. RELIEF IN CIVIL ACTIONS FOR VIOLATIONS OF 

9 PROTECTIONS ON CONSUMER CREDIT EX10 TENDED TO MEMBERS OF THE ARMED 

11 FORCES AND THEIR DEPENDENTS. 

12 (a) IN GENERAL.—Section 987(f) of title 10, United 

13 States Code, is amended by adding at the end the fol14 lowing new paragraph: 

15 ‘‘(5) CIVIL LIABILITY.— 

16 ‘‘(A) IN GENERAL.—A person who violates 

17 this section with respect to any person is civilly 

18 liable to such person for— 

19 ‘‘(i) any actual damage sustained as a 

20 result, but not less than $500 for each vio21 lation; 

22 ‘‘(ii) appropriate punitive damages; 

23 ‘‘(iii) appropriate equitable or declara24 tory relief; 

25 ‘‘(iv) any other relief provided by law; 
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1 ‘‘(v) in any successful action to en2 force the foregoing liability, the costs of 

3 the action, together with reasonable attor4 ney fees as determined by the court; and 

5 ‘‘(vi) in any successful action by a de6 fendant under this section, if the court 

7 finds the action was brought in bad faith 

8 and for the purpose of harassment, attor9 ney fees of the defendant as determined by 

10 the court to be reasonable in relation to 

11 the work expended and costs incurred. 

12 ‘‘(B) DEFENSES.—A person may not be 

13 held liable for civil liability under this para14 graph if the person shows by a preponderance 

15 of evidence that the violation was not inten16 tional and resulted from a bona fide error not17 withstanding the maintenance of procedures 

18 reasonably adapted to avoid any such error. Ex19 amples of a bona fide error include clerical, cal20 culation, computer malfunction and program21 ming, and printing errors, except that an error 

22 of legal judgment with respect to a person’s ob23 ligations under this section is not a bona fide 

24 error. 
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1 ‘‘(C) JURISDICTION AND VENUE; LIMITA2 TION.—An action for civil liability under this 

3 paragraph may be brought in any appropriate 

4 United States district court, without regard to 

5 the amount in controversy, or in any other 

6 court of competent jurisdiction, not later than 

7 the earlier or— 

8 ‘‘(i) two years after the date of dis9 covery by the plaintiff of the violation that 

10 is the basis for such liability; or 

11 ‘‘(ii) five years after the date on which 

12 the violation that is the basis for such li13 ability occurs.’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 this section and shall take effect on the date of the enact16 ment of this Act, and shall apply with respect to consumer 

17 credit extended on or after that date. 

18 SEC. 654. MODIFICATION OF DEFINITION OF DEPENDENT 

19 FOR PURPOSES OF LIMITATIONS ON TERMS 

20 OF CONSUMER CREDIT EXTENDED TO MEM21 BERS OF THE ARMED FORCES AND THEIR DE22 PENDENTS. 

23 Paragraph (2) of section 987(i) of title 10, United 

24 States Code, is amended to read as follows: 
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1 ‘‘(2) DEPENDENT.—The term ‘dependent’, with 

2 respect to a covered member, has the meaning given 

3 that term in section 401(a) of title 37.’’. 

4 SEC. 655. ENFORCEMENT OF PROTECTIONS ON CONSUMER 

5 CREDIT FOR MEMBERS OF THE ARMED 

6 FORCES AND THEIR DEPENDENTS. 

7 Section 987(f) of title 10, United States Code, as 

8 amended by section 653 of this Act, is further amended 

9 by adding at the end the following new paragraph: 

10 ‘‘(6) ENFORCEMENT.—The provisions of this 

11 section (other than paragraph (1) of this subsection) 

12 shall be enforced by the agencies specified in section 

13 108 of the Truth in Lending Act (15 U.S.C. 1607) 

14 in the manner set forth in that section or as set 

15 forth under any other applicable authorities available 

16 to such agencies by law.’’. 

17 Subtitle F—Other Matters 

18 SEC. 661. TRANSITIONAL COMPENSATION FOR DEPENDENT 

19 CHILDREN WHO ARE CARRIED DURING 

20 PREGNANCY AT TIME OF DEPENDENT-ABUSE 

21 OFFENSE. 

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

23 States Code, is amended— 

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

25 following new paragraph: 
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1 ‘‘(4) Payment to a child under this section shall not 

2 be paid for any period before the birth of the child.’’; and 

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

4 the dependent-abuse offense resulting in the separa5 tion of the former member’’ and inserting ‘‘or eligi6 ble spouse at the time of the dependent-abuse of7 fense resulting in the separation of the former mem8 ber or who was carried during pregnancy at the time 

9 of the dependent-abuse offense resulting in the sepa10 ration of the former member and was subsequently 

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

12 (b) PROSPECTIVE APPLICABILITY.—No benefits shall 

13 accrue by reason of the amendments made by this section 

14 for any month that begins before the date of the enact15 ment of this Act. 

16 SEC. 662. REPORT ON ISSUANCE BY ARMED FORCES MED17 ICAL EXAMINER OF DEATH CERTIFICATES 

18 FOR MEMBERS OF THE ARMED FORCES WHO 

19 DIE ON ACTIVE DUTY ABROAD. 

20 (a) REPORT REQUIRED.—Not later than 120 days 

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

22 of Defense shall submit to the congressional defense com23 mittees a report on the issuance by the Armed Forces 

24 Medical Examiner of death certificates for members of the 

25 Armed Forces who die on active duty abroad, including 
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1 mechanisms for reducing or ameliorating delays in the 

2 issuance of such death certificates. 

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

4 (a) shall include the following: 

5 (1) A description of the process used by the 

6 Armed Forces Medical Examiner to issue a death 

7 certificate for members of the Armed Forces who die 

8 on active duty abroad, including an explanation for 

9 any current delays in the issuance of such death cer10 tificates. 

11 (2) A description of the average amount of time 

12 taken by the Armed Forces Medical Examiner to 

13 issue such death certificates. 

14 (3) An assessment of the feasibility and advis15 ability of issuing temporary death certificates for 

16 members of the Armed Forces who die on active 

17 duty abroad in order to provide necessary docu18 mentation for survivors. 

19 (4) A description of the actions required to en20 able the Armed Forces Medical Examiner to issue a 

21 death certificate for a member of the Armed Forces 

22 who dies on active duty abroad not later than seven 

23 days after the return of the remains of the member 

24 to the United States. 
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1 (5) Such other recommendations for legislative 

2 or administrative action as the Secretary considers 

3 appropriate to provide for the issuance by the Armed 

4 Forces Medical Examiner of a death certificate for 

5 members of the Armed Forces who die on active 

6 duty abroad not later than seven days after the re7 turn of the remains of such members to the United 

8 States. 

9 TITLE VII—HEALTH CARE 

10 PROVISIONS 

11 Subtitle A—TRICARE Program 

12 SEC. 701. EXTENSION OF TRICARE STANDARD COVERAGE 

13 AND TRICARE DENTAL PROGRAM FOR MEM14 BERS OF THE SELECTED RESERVE WHO ARE 

15 INVOLUNTARILY SEPARATED. 

16 (a) EXTENSION OF TRICARE STANDARD COV17 ERAGE.—Section 1076d(b) of title 10, United States 

18 Code, is amended— 

19 (1) by striking ‘‘Eligibility’’ and inserting ‘‘(1) 

20 Except as provided in paragraph (2), eligibility’’; 

21 and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) Eligibility for a member under this section who 

25 is involuntarily separated from the Selected Reserve under 
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1 other than adverse conditions, as characterized by the Sec2 retary concerned, shall terminate 180 days after the date 

3 on which the member is separated.’’. 

4 (b) EXTENSION OF TRICARE DENTAL PROGRAM

5 COVERAGE.—Section 1076a(a)(1) of such title is amended 

6 by adding at the end the following new sentence: ‘‘Such 

7 plan shall provide that coverage for a member of the Se8 lected Reserve who is involuntarily separated from the Se9 lected Reserve under other than adverse conditions, as 

10 characterized by the Secretary concerned, shall terminate 

11 not earlier than 180 days after the date on which the 

12 member is separated.’’. 

13 SEC. 702. INCLUSION OF CERTAIN OVER-THE-COUNTER 

14 DRUGS IN TRICARE UNIFORM FORMULARY. 

15 (a) INCLUSION.—Subsection (a)(2) of section 1074g 

16 of title 10, United States Code, is amended— 

17 (1) in subparagraph (D), by striking ‘‘No phar18 maceutical agent may be excluded’’ and inserting 

19 ‘‘Except as provided in subparagraph (F), no phar20 maceutical agent may be excluded’’; and 

21 (2) by adding at the end the following new sub22 paragraph: 

23 ‘‘(F)(i) The Secretary may implement procedures to 

24 place selected over-the-counter drugs on the uniform for25 mulary and to make such drugs available to eligible cov-
263 

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1 ered beneficiaries. An over-the-counter drug may be in2 cluded on the uniform formulary only if the Pharmacy and 

3 Therapeutics Committee established under subsection (b) 

4 finds that the over-the-counter drug is cost-effective and 

5 clinically effective. If the Pharmacy and Therapeutics 

6 Committee recommends an over-the-counter drug for in7 clusion on the uniform formulary, the drug shall be consid8 ered to be in the same therapeutic class of pharmaceutical 

9 agents, as determined by the Committee, as similar pre10 scription drugs. 

11 ‘‘(ii) Regulations prescribed by the Secretary to carry 

12 out clause (i) shall include the following with respect to 

13 over-the-counter drugs included on the uniform formulary: 

14 ‘‘(I) A determination of the means and condi15 tions under paragraphs (5) and (6) of this sub16 section through which over-the-counter drugs will be 

17 available to eligible covered beneficiaries and the 

18 amount of cost sharing that such beneficiaries will 

19 be required to pay for over-the-counter drugs, except 

20 that no such cost sharing may be required for a 

21 member of a uniformed service on active duty. 

22 ‘‘(II) Any terms and conditions for the dis23 pensing of over-the-counter drugs to eligible covered 

24 beneficiaries.’’. 
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1 (b) DEFINITIONS.—Subsection (g) of such section is 

2 amended by adding at the end the following new para3 graphs: 

4 ‘‘(3) The term ‘over-the-counter drug’ means a 

5 drug that is not subject to section 503(b) of the 

6 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

7 353(b)). 

8 ‘‘(4) The term ‘prescription drug’ means a drug 

9 that is subject to section 503(b) of the Federal 

10 Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)).’’. 

11 (c) TECHNICAL AMENDMENTS.— 

12 (1) CROSS-REFERENCE AMENDMENTS.—Sub13 sections (a)(6)(A) and (b)(1) of such section are 

14 amended by striking ‘‘subsection (g)’’ and inserting 

15 ‘‘subsection (h)’’. 

16 (2) REPEAL OF OBSOLETE PROVISIONS.— 

17 (A) Subsection (a)(2)(D) of such section is 

18 amended by striking the last sentence. 

19 (B) Subsection (b)(2) of such section is 

20 amended by striking ‘‘Not later than’’ and all 

21 the follows through ‘‘such 90-day period, the 

22 committee’’ and inserting ‘‘The committee’’. 

23 (C) Subsection (d)(2) of such section is 

24 amended— 
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1 (i) by striking ‘‘Effective not later 

2 than April 5, 2000, the Secretary’’ and in3 serting ‘‘The Secretary’’; and 

4 (ii) by striking ‘‘the current managed 

5 care support contracts’’ and inserting ‘‘the 

6 managed care support contracts current as 

7 of October 5, 1999,’’. 

8 SEC. 703. EXPANSION OF EVALUATION OF THE EFFECTIVE9 NESS OF THE TRICARE PROGRAM. 

10 Section 717(a)(1) of the National Defense Authoriza11 tion Act for Fiscal Year 1996 (Public Law 106–104; 110 

12 Stat. 376; 10 U.S.C. 1073 note) is amended by striking 

13 ‘‘military retirees’’ and inserting ‘‘members of the Armed 

14 Forces (whether in the regular or reserve components) and 

15 their dependents, military retirees and their dependents, 

16 dependent children under the age of 21, and dependents 

17 of members on active duty with severe disabilities and 

18 chronic health care needs’’. 

19 SEC. 704. REPORT ON THE FUTURE AVAILABILITY OF 

20 TRICARE PRIME THROUGHOUT THE UNITED 

21 STATES. 

22 (a) REPORT REQUIRED.—Not later than 120 days 

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

24 of Defense shall submit to the Committees on Armed Serv25 ices of the Senate and the House of Representatives a re-
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1 port setting forth the policy of the Department of Defense 

2 on the future availability of TRICARE Prime under the 

3 TRICARE program for eligible beneficiaries in all 

4 TRICARE regions throughout the United States. 

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

6 (a) shall include the following: 

7 (1) A description, by region, of the difference in 

8 availability of TRICARE Prime for eligible bene9 ficiaries (other than eligible beneficiaries on active 

10 duty in the Armed Forces) under newly-awarded 

11 TRICARE managed care contracts, including, in 

12 particular, an identification of the regions or areas 

13 in which TRICARE Prime will no longer be avail14 able for such beneficiaries under such contracts. 

15 (2) A description of the transition and outreach 

16 plans for eligible beneficiaries described in para17 graph (1) who will no longer have access to 

18 TRICARE Prime under the contracts described in 

19 that paragraph. 

20 (3) An estimate of the increased costs to be in21 curred for healthcare under the TRICARE program 

22 for eligible beneficiaries described in paragraph (2). 

23 (4) An estimate of the saving to be achieved by 

24 the Department as a result of the contracts de25 scribed in paragraph (1). 
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1 (5) A description of the plans of the Depart2 ment to continue to assess the impact on access to 

3 healthcare for eligible beneficiaries described in 

4 paragraph (2). 

5 SEC. 705. CERTAIN TREATMENT OF DEVELOPMENTAL DIS6 ABILITIES, INCLUDING AUTISM, UNDER THE 

7 TRICARE PROGRAM. 

8 (a) CERTAIN TREATMENT OF AUTISM.— 

9 (1) IN GENERAL.—Chapter 55 of title 10, 

10 United States Code, is amended by inserting after 

11 section 1077 the following new section: 

12 ‘‘§ 1077a. Treatment of autism under the TRICARE 

13 program 

14 ‘‘(a) IN GENERAL.—Except as provided in subsection 

15 (c), for purposes of providing health care services under 

16 this chapter, the treatment of developmental disabilities 

17 (42 U.S.C. 15002(8)), including autism spectrum dis18 orders, shall include behavioral health treatment, includ19 ing applied behavior analysis, when prescribed by a physi20 cian. 

21 ‘‘(b) REQUIREMENTS IN PROVISION OF SERVICES.— 

22 In carrying out subsection (a), the Secretary of Defense 

23 shall ensure that— 

24 ‘‘(1) except as provided by paragraph (2), a 

25 person who is authorized to provide behavioral 
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1 health treatment is licensed or certified by a State 

2 or accredited national certification board; and 

3 ‘‘(2) if applied behavior analysis or other behav4 ioral health treatment is provided by an employee or 

5 contractor of a person described in paragraph (1), 

6 the employee or contractor shall meet minimum 

7 qualifications, training, and supervision require8 ments as set forth by the Secretary who shall ensure 

9 that covered beneficiaries have appropriate access to 

10 care in accordance with best practice guidelines. 

11 ‘‘(c) EXCLUSIONS.—Subsection (a) shall not apply to 

12 the following: 

13 ‘‘(1) Covered beneficiaries under this chapter 

14 who are entitled to hospital insurance benefits under 

15 part A of title XVIII of the Social Security Act. 

16 ‘‘(2) Covered beneficiaries under this chapter 

17 who are former members, dependents of former 

18 members, or survivors of any uniformed service not 

19 under the jurisdiction of the Department of Defense. 

20 ‘‘(d) CONSTRUCTION WITH OTHER BENEFITS.—(1) 

21 Nothing in this section shall be construed as limiting or 

22 otherwise affecting the benefits otherwise provided under 

23 this chapter to a covered beneficiary who is a beneficiary 

24 by virtue of— 
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1 ‘‘(A) service in the Coast Guard, the Commis2 sioned Corp of the National Oceanic and Atmos3 pheric Administration, or the Commissioned Corp of 

4 the Public Health Service; or 

5 ‘‘(B) being a dependent of a member of a serv6 ice described in subparagraph (A). 

7 ‘‘(2) Nothing in this section shall be construed as lim8 iting or otherwise affecting the benefits provided to a 

9 medicare-eligible beneficiary under— 

10 ‘‘(A) this chapter; 

11 ‘‘(B) part A of title XVIII of the Social Secu12 rity Act (42 U.S.C. 1395c et seq.); or 

13 ‘‘(C) any other law.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 55 of such title is 

16 amended by inserting after the item relating to sec17 tion 1077 the following new item: 

‘‘1077a. Treatment of autism under the TRICARE program.’’. 

18 (b) FUNDING.— 

19 (1) INCREASE.—The amount authorized to be 

20 appropriated for fiscal year 2013 by section 1406 

21 and available for the Defense Health Program for 

22 Private Sector Care as specified in the funding table 

23 in section 4501 is hereby increased by $45,000,000, 

24 with the amount of the increase to be available for 

25 the provision of care in accordance with section 
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1 1077a of title 10, United States Code (as added by 

2 subsection (a)). 

3 (2) OFFSET.—The amount authorized to be ap4 propriated for fiscal year 2013 by section 301 for 

5 Operation and Maintenance and available as speci6 fied in the funding table in section 4301 is hereby 

7 reduced by $45,000,000. 

8 SEC. 706. SENSE OF CONGRESS ON HEALTH CARE FOR RE9 TIRED MEMBERS OF THE UNIFORMED SERV10 ICES. 

11 It is the sense of Congress that— 

12 (1) members of the uniformed services and 

13 their families endure unique and extraordinary de14 mands and make extraordinary sacrifices over the 

15 course of 20 to 30 years of service in protecting 

16 freedom for all Americans, as do those who have 

17 been medically retired due to the hardships of mili18 tary service; and 

19 (2) access to quality health care services is an 

20 earned benefit during retirement in acknowledgment 

21 of their contributions of service and sacrifice. 
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1 Subtitle B—Other Health Care 

2 Benefits 

3 SEC. 711. USE OF DEPARTMENT OF DEFENSE FUNDS FOR 

4 ABORTIONS IN CASES OF RAPE AND INCEST. 

5 Section 1093(a) of title 10, United States Code, is 

6 amended by inserting before the period at the end the fol7 lowing: ‘‘or in a case in which the pregnancy is the result 

8 of an act of rape or incest’’. 

9 SEC. 712. AVAILABILITY OF CERTAIN FERTILITY PRESER10 VATION TREATMENTS FOR MEMBERS OF THE 

11 ARMED FORCES ON ACTIVE DUTY. 

12 (a) IN GENERAL.—Subsection (a) of section 1074d 

13 of title 10, United States Code, is amended by adding at 

14 the end the following new paragraph: 

15 ‘‘(3)(A) Members of the armed forces entitled to med16 ical care under section 1074(a) of this title who have been 

17 diagnosed with a condition for which the recommended 

18 course of treatment is recognized by a licensed physician 

19 and surgeon or other appropriate medical practitioner as 

20 a cause of iatrogenic infertility shall also be entitled to 

21 fertility preservation treatment as a part of such medical 

22 care. 

23 ‘‘(B) If the fertility preservation treatment to which 

24 a member is entitled under this paragraph is not available 

25 through a facility of the uniformed services accessible to 
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1 the member, such treatment shall be provided to the mem2 ber through another appropriate mechanism under this 

3 chapter, including through the TRICARE program.’’. 

4 (b) DEFINITIONS RELATING TO FERTILITY PRESER5 VATION TREATMENT.—Such section is further amended— 

6 (1) in subsection (b), by striking the subsection 

7 heading and inserting ‘‘DEFINITION RELATING TO

8 PRIMARY AND PREVENTIVE HEALTH CARE SERV9 ICES FOR WOMEN’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(c) DEFINITIONS RELATING TO FERTILITY PRES13 ERVATION TREATMENT.—In this section: 

14 ‘‘(1) The term ‘fertility preservation treatment’ 

15 includes— 

16 ‘‘(A) procedures consistent with established 

17 medical practices in the prevention or treatment 

18 of iatrogenic infertility by licensed physicians 

19 and surgeons or other appropriate medical 

20 practitioners, including diagnosis, diagnostic 

21 tests, medication, or surgery; and 

22 ‘‘(B) any other procedure identified by the 

23 Secretary of Defense that is intended to pro24 mote the future fertility of an individual who 

25 has been diagnosed with a condition for which 
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1 the recommended course of treatment is recog2 nized by a licensed physician and surgeon or 

3 other appropriate medical practitioner as a 

4 cause of iatrogenic infertility. 

5 ‘‘(2) The term ‘iatrogenic infertility’ means the 

6 current or future diminished ability, or the inability 

7 of an individual to conceive or contribute to concep8 tion as a consequence of medical treatment.’’. 

9 SEC. 713. MODIFICATION OF REQUIREMENTS ON MENTAL 

10 HEALTH ASSESSMENTS FOR MEMBERS OF 

11 THE ARMED FORCES DEPLOYED IN CONNEC12 TION WITH A CONTINGENCY OPERATION. 

13 (a) TIMING OF MENTAL HEALTH ASSESSMENTS.— 

14 Paragraph (1)(C)(i) of section 1074m(a) of title 10, 

15 United States Code, is amended by striking ‘‘one year’’ 

16 and inserting ‘‘18 months’’. 

17 (b) EXCLUSION OF CERTAIN MEMBERS.—Paragraph 

18 (2) of such section is amended— 

19 (1) by striking ‘‘subparagraph (B) and (C) of’’; 

20 and 

21 (2) by striking ‘‘determines that—’’ and all 

22 that follows and inserting ‘‘determines— 

23 ‘‘(A) in the case of an assessment otherwise re24 quired under subparagraph (A) of that paragraph, 

25 that the member will not be subjected or exposed to 
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1 operational risk factors during deployment in the 

2 contingency operation concerned; 

3 ‘‘(B) in the case of an assessment otherwise re4 quired under subparagraph (B) or (C) of that para5 graph, that the member was not subjected or ex6 posed to operational risk factors during deployment 

7 in the contingency operation concerned; or 

8 ‘‘(C) in the case of any assessment otherwise 

9 required under that paragraph, that providing such 

10 assessment to the member during the otherwise ap11 plicable time period under such paragraph would re12 move the member from forward deployment or would 

13 put members or operational objectives at risk.’’. 

14 Subtitle C—Health Care 

15 Administration 

16 SEC. 721. CLARIFICATION OF APPLICABILITY OF CERTAIN 

17 AUTHORITY AND REQUIREMENTS TO SUB18 CONTRACTORS EMPLOYED TO PROVIDE 

19 HEALTH CARE SERVICES TO THE DEPART20 MENT OF DEFENSE. 

21 (a) APPLICABILITY OF FEDERAL TORT CLAIMS ACT

22 TO SUBCONTRACTORS.—Section 1089(a) of title 10, 

23 United States Code, is amended in the last sentence— 

24 (1) by striking ‘‘if the physician, dentist, nurse, 

25 pharmacist, or paramedical’’ and inserting ‘‘to such 
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1 a physician, dentist, nurse, pharmacist, or para2 medical’’; 

3 (2) by striking ‘‘involved is’’; and 

4 (3) by inserting before the period at the end the 

5 following: ‘‘or a subcontract at any tier under such 

6 a contract that is authorized in accordance with the 

7 requirements of such section 1091’’. 

8 (b) APPLICABILITY OF PERSONAL SERVICES CON9 TRACTING AUTHORITY TO SUBCONTRACTORS.—Section 

10 1091(c) of such title is amended by adding at the end the 

11 following new paragraph: 

12 ‘‘(3) The procedures established under paragraph (1) 

13 may provide for a contracting officer to authorize a con14 tractor to enter into a subcontract for personal services 

15 on behalf of the agency upon a determination that the sub16 contract is— 

17 ‘‘(A) consistent with the requirements of this 

18 section and the procedures established under para19 graph (1); and 

20 ‘‘(B) in the best interests of the agency.’’. 
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1 SEC. 722. RESEARCH PROGRAM TO ENHANCE DEPARTMENT 

2 OF DEFENSE EFFORTS ON MENTAL HEALTH 

3 IN THE NATIONAL GUARD AND RESERVES 

4 THROUGH COMMUNITY PARTNERSHIPS. 

5 (a) RESEARCH PROGRAM AUTHORIZED.—The Sec6 retary of Defense may carry out a research program to 

7 assess the feasibility and advisability of enhancing the ef8 forts of the Department of Defense in research, treatment, 

9 education, and outreach on mental health and substance 

10 use disorders and Traumatic Brain Injury (TBI) in mem11 bers of the National Guard and Reserves, their family 

12 members, and their caregivers. 

13 (b) AGREEMENTS WITH COMMUNITY PARTNERS.— 

14 In carrying out the research program authorized by sub15 section (a), the Secretary may enter into partnership 

16 agreements with community partners described in sub17 section (c) using a competitive and merit-based award 

18 process. 

19 (c) COMMUNITY PARTNERS DESCRIBED.—A commu20 nity partner described in this subsection is a private non21 profit organization or institution (or multiple organiza22 tions and institutions) that— 

23 (1) engages in the research activities described 

24 in subsection (d); and 
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1 (2) meets such qualifications for treatment as a 

2 community partner as the Secretary shall establish 

3 for purposes of the research program. 

4 (d) ACTIVITIES.—Partnerships entered into under 

5 the research program shall be used to engage in research 

6 on the causes, development, and innovative treatment of 

7 mental health and substance use disorders and Traumatic 

8 Brain Injury in members of the National Guard and Re9 serves, their family members, and their caregivers. 

10 (e) REPORT.—Not later than five years after the 

11 commencement of the research program, the Secretary 

12 shall submit to the Committees on Armed Services of the 

13 Senate and the House of Representatives a report on the 

14 research program, including a description of the research 

15 program, the community partners participating in the re16 search program, the activities carried out, the number of 

17 members of the National Guard and Reserves, family 

18 members, and caregivers supported by community part19 ners, and a description and assessment of the effectiveness 

20 and achievements of the research program. 
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1 Subtitle D—Reports and Other 

2 Matters 

3 SEC. 731. REPORTS ON PERFORMANCE DATA ON WARRIORS 

4 IN TRANSITION PROGRAMS. 

5 (a) REPORTS.—Not later than 180 days after the 

6 date of the enactment of this Act, and every 180 days 

7 thereafter, each Secretary of a military department shall 

8 submit to Congress a report on data on the performance 

9 of the military department in addressing the care, man10 agement and transition needs of members of the Armed 

11 Forces under the jurisdiction of such Secretary who par12 ticipate in a Warriors in Transition program under the 

13 jurisdiction of such Secretary with respect to the following: 

14 (1) Physical health. 

15 (2) Mental and behavioral health. 

16 (3) Educational and vocational aptitude and ca17 pabilities. 

18 (4) Such other matters as such Secretary con19 siders appropriate. 

20 (b) COMMON METHODOLOGY.—The Secretaries shall 

21 report not fewer than five outcome measures for each of 

22 the areas set forth in subsection (a) using a common 

23 methodology developed by the Secretaries and approved by 

24 the Secretary of Defense for purposes of this section. 
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1 (c) LONGITUDINAL DATA.—The occasions for col2 lecting data on a member participating in a Warriors in 

3 Transition program for purposes of reports under sub4 section (a) shall be as follows: 

5 (1) When the member commences participation 

6 in the program. 

7 (2) At least once each year the member partici8 pates in the program. 

9 (3) When the member ceases participation in 

10 the program (whether for return to military duty or 

11 to civilian life). 

12 (4) With the consent of the member, one year 

13 after the member ceases participation in the pro14 gram as described in paragraph (3). 

15 (d) ELEMENTS.—Each report under subsection (a) 

16 shall include an assessment by the Secretary of the mili17 tary department concerned of the following with respect 

18 to the Warriors in Transition programs covered by such 

19 report: 

20 (1) The progress of members participating in 

21 the Warriors in Transition programs in the areas 

22 specified in subsection (a). 

23 (2) The efficacy of the Warriors in Transition 

24 programs in facilitating the transition of members to 

25 military duty or civilian life, as applicable. 
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1 (3) The differences in outcomes in the Warriors 

2 in Transition programs, by location, type, Armed 

3 Force, component, and types of wounds, injuries, or 

4 conditions of program participants. 

5 (4) The percentage of members participating in 

6 the Warriors in Transition programs who receive 

7 care under such programs from assigned providers, 

8 including medical care case managers, non-medical 

9 service providers (including non-medical case man10 agers, legal support personnel, and, as applicable, 

11 Physical Evaluation Board Liaison Officers), mental 

12 health care providers, and medical evaluation (MEB) 

13 physicians whose caseload exceeds the caseload ratio 

14 that has been designated as adequate by the Sec15 retary of Defense. 

16 (5) The percentage of members participating in 

17 the Warriors in Transition programs for whom the 

18 intervals between various phases in the transition 

19 process exceeds the average length of such intervals, 

20 including intervals relating to appointment times for 

21 specialists and for treatment for Post-Traumatic 

22 Stress Disorder (PTSD). 

23 (6) Such other measurements of outcomes or 

24 progress of members through the Warriors in Tran-
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1 sition programs as such Secretary considers appro2 priate. 

3 (e) PERSONALLY IDENTIFIABLE INFORMATION.— 

4 Data collected under this section shall be treated in com5 pliance with the provisions of section 552a of title 5, 

6 United States Code (commonly referred to as the ‘‘Privacy 

7 Act’’). 

8 (f) SUNSET.—No report is required under this sec9 tion after September 30, 2017. 

10 (g) WARRIORS IN TRANSITION PROGRAM DE11 FINED.—In this section, the term ‘‘Warriors in Transition 

12 program’’ means any major support program of the 

13 Armed Forces for members of the Armed Forces with se14 vere wounds, illnesses, or injuries that is intended to pro15 vide such members with non-medical case management 

16 service and care coordination services, and includes the 

17 programs as follows: 

18 (1) Warrior Transition Units and the Wounded 

19 Warrior Program of the Army. 

20 (2) The Safe Harbor program of the Navy. 

21 (3) The Wounded Warrior Regiment of the Ma22 rine Corps. 

23 (4) The Recovery Care Program and the 

24 Wounded Warrior programs of the Air Force. 
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1 (5) The Care Coalition of the United States 

2 Special Operations Command. 

3 SEC. 732. REPORT ON DEPARTMENT OF DEFENSE SUPPORT 

4 OF MEMBERS OF THE ARMED FORCES WHO 

5 EXPERIENCE TRAUMATIC INJURY AS A RE6 SULT OF VACCINATIONS REQUIRED BY THE 

7 DEPARTMENT. 

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

9 of the enactment of this Act, the Secretary of Defense 

10 shall, in consultation with the Secretaries of the military 

11 departments, submit to the Committees on Armed Serv12 ices of the Senate and the House of Representatives a re13 port setting forth the results of a comprehensive review 

14 (conducted for purposes of the report) of the adequacy and 

15 effectiveness of the policies, procedures, and systems of 

16 the Department of Defense in providing support to mem17 bers of the Armed Forces who experience traumatic injury 

18 as a result of a vaccination required by the Department. 

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

20 (a) shall include the following: 

21 (1) The number and nature of traumatic inju22 ries incurred by members of the Armed Forces as a 

23 result of a vaccination required by the Department 

24 of Defense each year since January 1, 2001, set 
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1 forth by aggregate in each year and by military de2 partment in each year. 

3 (2) Such recommendations as the Secretary of 

4 Defense considers appropriate for improvements to 

5 the policies, procedures, and systems (including 

6 tracking systems) of the Department to identify 

7 members of the Armed Forces who experience trau8 matic injury as a result of a vaccination required by 

9 the Department. 

10 (3) Such recommendations as the Secretary of 

11 Defense considers appropriate for improvements to 

12 the policies, procedures, and systems of the Depart13 ment to support members of the Armed Forces who 

14 experience traumatic injury as a result of a vaccina15 tion required by the Department. 

16 SEC. 733. PLAN TO ELIMINATE GAPS AND REDUNDANCIES 

17 IN PROGRAMS OF THE DEPARTMENT OF DE18 FENSE ON PSYCHOLOGICAL HEALTH AND 

19 TRAUMATIC BRAIN INJURY AMONG MEM20 BERS OF THE ARMED FORCES. 

21 (a) PLAN REQUIRED.— 

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

23 after the date of the enactment of this Act, the Sec24 retary of Defense shall submit to the Committees on 

25 Armed Services of the Senate and the House of Rep-
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1 resentatives a plan to streamline the programs of 

2 the Department of Defense that address psycho3 logical health and traumatic brain injury among 

4 members of the Armed Forces. 

5 (2) ELEMENTS.—The report required by para6 graph (1) shall include the following: 

7 (A) A complete list of the programs de8 scribed in paragraph (1), including a detailed 

9 description of the intended function of each 

10 such program. 

11 (B) An identification of any gaps in serv12 ices and treatments in the programs listed 

13 under subparagraph (A) 

14 (C) An identification of any redundancies 

15 in the programs listed under subparagraph (A). 

16 (D) A plan for mitigating the gaps identi17 fied under subparagraph (B) and for elimi18 nating the redundancies identified under sub19 paragraph (C). 

20 (E) An identification of the individual in 

21 the Department who will be responsible for 

22 leading implementation of the plan required by 

23 paragraph (1). 

24 (F) A schedule for the implementation of 

25 the plan. 
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1 (b) STATUS REPORT.—Not later than one year after 

2 the date of the enactment of this Act, the Secretary shall 

3 submit to the Committees on Armed Services of the Sen4 ate and the House of Representatives a report on the sta5 tus of the implementation of the plan required by sub6 section (a). 

7 SEC. 734. REPORT ON IMPLEMENTATION OF RECOMMENDA8 TIONS OF THE COMPTROLLER GENERAL OF 

9 THE UNITED STATES ON PREVENTION OF 

10 HEARING LOSS AMONG MEMBERS OF THE 

11 ARMED FORCES. 

12 Not later than 180 days after the date of the enact13 ment of this Act, the Secretary of Defense shall submit 

14 to the Committees on Armed Services of the Senate and 

15 the House of Representatives a report on the implementa16 tion of the recommendations of the Comptroller General 

17 of the United States in the January 2011 report of the 

18 Comptroller General entitled ‘‘Hearing Loss Prevention: 

19 Improvements to DOD Hearing Conservation Programs 

20 Could Lead to Better Outcomes’’ that address prevention 

21 of hearing loss, abatement of hearing loss, data collection 

22 regarding hearing loss, and the need for a new interagency 

23 data sharing system so that sufficient information is avail24 able to address and track hearing injuries and loss. 
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1 SEC. 735. SENSE OF SENATE ON MENTAL HEALTH COUN2 SELORS FOR MEMBERS OF THE ARMED 

3 FORCES, VETERANS, AND THEIR FAMILIES. 

4 It is the sense of the Senate that— 

5 (1) the Secretary of Defense and the Secretary 

6 of Veterans Affairs should develop a plan to ensure 

7 a sustainable flow of qualified counselors to meet the 

8 long-term needs of members of the Armed Forces, 

9 veterans, and their families for counselors; and 

10 (2) the plan should include the participation of 

11 accredited schools and universities, health care pro12 viders, professional counselors, family service or sup13 port centers, chaplains, and other appropriate re14 sources of the Department of Defense and the De15 partment of Veterans Affairs. 

16 SEC. 736. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR 

17 MEMBERS OF THE ARMED FORCES AND 

18 THEIR DEPENDENTS. 

19 (a) PROGRAM REQUIRED.—The Secretary of Defense 

20 and the Attorney General shall jointly carry out a program 

21 (commonly referred to as a ‘‘prescription drug take-back 

22 program’’) under which members of the Armed Forces and 

23 dependents of members of the Armed Forces may deliver 

24 controlled substances to such facilities as may be jointly 

25 determined by the Secretary of Defense and the Attorney 

26 General to be disposed of in accordance with section 
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1 302(g) of the Controlled Substances Act (21 U.S.C. 

2 822(g)). 

3 (b) PROGRAM ELEMENTS.—The program required by 

4 subsection (a) shall provide for the following: 

5 (1) The delivery of controlled substances under 

6 the program to such members of the Armed Forces, 

7 medical professionals, and other employees of the 

8 Department of Defense, and to such other accept9 ance mechanisms, as the Secretary and the Attorney 

10 General jointly specify for purposes of the program. 

11 (2) Appropriate guidelines and procedures to 

12 prevent the diversion, misuse, theft, or loss of con13 trolled substances delivered under the program. 

14 Subtitle E—Mental Health Care 

15 Matters 

16 SEC. 751. ENHANCEMENT OF OVERSIGHT AND MANAGE17 MENT OF DEPARTMENT OF DEFENSE SUI18 CIDE PREVENTION AND RESILIENCE PRO19 GRAMS. 

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

21 acting through the Under Secretary of Defense for Per22 sonnel and Readiness, establish within the Office of the 

23 Secretary of Defense a position with responsibility for 

24 oversight and management of all suicide prevention and 

25 resilience programs and all preventative behavioral health 
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1 programs of the Department of Defense (including those 

2 of the military departments and the Armed Forces). 

3 (b) SCOPE OF RESPONSIBILITIES.—The individual 

4 serving in the position established pursuant to subsection 

5 (a) shall have the responsibilities as follows: 

6 (1) To establish a uniform definition of resil7 iency for use in the suicide prevention and resilience 

8 programs and preventative behavioral health pro9 grams of the Department of Defense (including 

10 those of the military departments and the Armed 

11 Forces). 

12 (2) In consultation with the National Center for 

13 Post Traumatic Stress Disorder of the Department 

14 of Veterans Affairs and other appropriate public and 

15 private agencies and entities, to require the use of 

16 clinical best practices in mental health care, suicide 

17 prevention programs, and resilience programs of the 

18 Department of Defense, including the diagnosis and 

19 treatment of behavioral health disorders. 

20 (3) To oversee and manage the comprehensive 

21 program on the prevention of suicide among mem22 bers of the Armed Forces required by section 752. 
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1 SEC. 752. COMPREHENSIVE PROGRAM ON PREVENTION OF 

2 SUICIDE AMONG MEMBERS OF THE ARMED 

3 FORCES. 

4 (a) COMPREHENSIVE PROGRAM REQUIRED.—The 

5 Secretary of Defense shall, acting through the Under Sec6 retary of Defense for Personnel and Readiness, develop 

7 and implement within the Department of Defense a com8 prehensive program on the prevention of suicide among 

9 members of the Armed Forces. In developing the program, 

10 the Secretary shall consider recommendations from the 

11 operational elements of the Armed Forces regarding the 

12 feasibility of the implementation and execution of par13 ticular elements of the program. 

14 (b) ELEMENTS.—The comprehensive program re15 quired by subsection (a) shall include elements to achieve 

16 the following: 

17 (1) To raise 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) To provide members of the Armed Forces 

22 generally, members of the Armed Forces in super23 visory positions (including officers in command bil24 lets and non-commissioned officers), and medical 

25 personnel of the Armed Forces and the Department 

26 of Defense with effective means of identifying mem-
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1 bers of the Armed Forces who are at risk for suicide 

2 (including enhanced means for early identification 

3 and treatment of such members). 

4 (3) To provide members of the Armed Forces 

5 who are at risk of suicide with continuous access to 

6 suicide prevention services, including suicide crisis 

7 services. 

8 (4) To evaluate and assess the effectiveness of 

9 the suicide prevention and resilience programs and 

10 preventative behavioral health programs of the De11 partment of Defense (including those of the military 

12 departments and the Armed Forces), including the 

13 development of metrics for that purpose. 

14 (5) To evaluate and assess the current diag15 nostic tools and treatment methods in the programs 

16 referred to in paragraph (4) in order to ensure clin17 ical best practices are used in such programs. 

18 (6) To ensure that the programs referred to in 

19 paragraph (4) incorporate evidenced-based practices 

20 when available. 

21 (7) To provide for the training of mental health 

22 care providers on evidence-based therapies in con23 nection with suicide prevention. 

24 (8) To establish training standards for behav25 ioral health care providers in order to ensure that 
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1 such providers receive training on clinical best prac2 tices and evidence-based treatments as information 

3 on such practices and treatments becomes available, 

4 and to ensure such standards are met. 

5 (9) To provide for the integration of mental 

6 health screenings and suicide risk and prevention for 

7 members of the Armed Forces into the delivery of 

8 primary care for such members. 

9 (10) To ensure appropriate responses to at10 tempted or completed suicides among members of 

11 the Armed Forces, including guidance and training 

12 to assist commanders in addressing incidents of at13 tempted or completed suicide within their units. 

14 (11) To ensure the protection of the privacy of 

15 members of the Armed Forces seeking or receiving 

16 treatment relating to suicide. 

17 (12) Such other matters as the Secretary of 

18 Defense considers appropriate in connection with the 

19 prevention of suicide among members of the Armed 

20 Forces. 

21 (c) CONSULTATION.—In developing and imple22 menting the comprehensive program required by sub23 section (a), the Under Secretary shall consult with appro24 priate officials and elements of the Department of De25 fense, appropriate centers of excellence within the Depart-
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1 ment of Defense, and other public and private entities with 

2 expertise in mental health and suicide prevention. 

3 (d) IMPLEMENTATION BY THE ARMED FORCES.—In 

4 implementing the comprehensive program required by sub5 section (a) with respect to an Armed Force, the Secretary 

6 of the military department concerned may, in consultation 

7 with the Under Secretary and with the approval of the 

8 Secretary of Defense, modify particular elements of the 

9 program in order to adapt the program appropriately to 

10 the unique culture and elements of that Armed Force. 

11 (e) QUALITY ASSURANCE.—In developing and imple12 menting the comprehensive program required by sub13 section (a), the Under Secretary shall develop and imple14 ment appropriate mechanisms to provide for the oversight 

15 and management of the program, including quality meas16 ures to assess the efficacy of the program in preventing 

17 suicide among members of the Armed Forces. 

18 SEC. 753. QUALITY REVIEW OF MEDICAL EVALUATION 

19 BOARDS, PHYSICAL EVALUATION BOARDS, 

20 AND PHYSICAL EVALUATION BOARD LIAISON 

21 OFFICERS. 

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

23 standardize, assess, and monitor the quality assurance 

24 programs of the military departments to evaluate the fol-
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1 lowing in the performance of their duties (including duties 

2 under chapter 61 of title 10, United States Code): 

3 (1) Medical Evaluation Boards (MEBs). 

4 (2) Physical Evaluation Boards (PEBs). 

5 (3) Physical Evaluation Board Liaison Officers 

6 (PEBLOs). 

7 (b) OBJECTIVES.—The objectives of the quality as8 surance program shall be as follows: 

9 (1) To ensure accuracy and consistency in the 

10 determinations and decisions of Medical Evaluation 

11 Boards and Physical Evaluation Boards. 

12 (2) To otherwise monitor and sustain proper 

13 performance of the duties of Medical Evaluation 

14 Boards and Physical Evaluation Boards, and of 

15 Physical Evaluation Board Liaison Officers. 

16 (3) Such other objectives as the Secretary shall 

17 specify for purposes of the quality assurance pro18 gram. 

19 (c) REPORTS.— 

20 (1) REPORT ON IMPLEMENTATION.—Not later 

21 than 180 days after the date of the enactment of 

22 this Act, the Secretary shall submit to the appro23 priate committees of Congress a report setting forth 

24 the plan of the Secretary for the implementation of 

25 the requirements of this section. 
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1 (2) ANNUAL REPORTS.—Not later than one 

2 year after the date of the submittal of the report re3 quired by paragraph (1), and annually thereafter for 

4 the next four years, the Secretary shall submit to 

5 the appropriate committees of Congress a report set6 ting forth an assessment of the implementation of 

7 the requirements of this section during the one-year 

8 period ending on the date of the report under this 

9 paragraph. Each report shall include, in particular, 

10 an assessment of the extent to which the quality as11 surance program under the requirements of this sec12 tion meets the objectives specified in subsection (b). 

13 (3) APPROPRIATE COMMITTEES OF CONGRESS

14 DEFINED.—In this subsection, the term ‘‘appro15 priate committees of Congress’’ means— 

16 (A) the Committee on Armed Services and 

17 the Committee on Veterans’ Affairs of the Sen18 ate; and 

19 (B) the Committee on Armed Services and 

20 the Committee on Veterans’ Affairs of the 

21 House of Representatives. 
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1 SEC. 754. ASSESSMENT OF ADEQUACY OF MENTAL HEALTH 

2 CARE BENEFITS UNDER THE TRICARE PRO3 GRAM. 

4 (a) INDEPENDENT ASSESSMENT REQUIRED.—Not 

5 later than 180 days after the date of the enactment of 

6 this Act, the Secretary of Defense shall, in consultation 

7 with the Secretary of Health and Human Services, enter 

8 into a contract with an appropriate independent entity to 

9 assess whether the mental health care benefits available 

10 for members of the Armed Forces and other covered bene11 ficiaries under the TRICARE program are adequate to 

12 meet the needs of such members and beneficiaries for 

13 mental health care. 

14 (b) REPORT.—The contract required by subsection 

15 (a) shall require the entity conducting the assessment re16 quired by the contract to submit to the Secretary of De17 fense, and to the congressional defense committees, a re18 port setting forth the results of the assessment by not 

19 later than 180 days after the date of entry into the con20 tract. If the entity determines pursuant to the assessment 

21 that the mental health care benefits available for members 

22 of the Armed Forces and other covered beneficiaries under 

23 the TRICARE program are not adequate to meet the 

24 needs of such members and beneficiaries for mental health 

25 care, the report shall include such recommendations for 
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1 legislative or administrative action as the entity considers 

2 appropriate to remediate any identified inadequacy. 

3 (c) DEFINITIONS.—In this section: 

4 (1) The term ‘‘covered beneficiaries’’ has the 

5 meaning given that term in section 1072(5) of title 

6 10, United States Code. 

7 (2) The term ‘‘TRICARE program’’ has the 

8 meaning given that term in section 1072(7) of title 

9 10, United States Code. 

10 SEC. 755. SHARING BETWEEN DEPARTMENT OF DEFENSE 

11 AND DEPARTMENT OF VETERANS AFFAIRS 

12 OF RECORDS AND INFORMATION RETAINED 

13 UNDER THE MEDICAL TRACKING SYSTEM 

14 FOR MEMBERS OF THE ARMED FORCES DE15 PLOYED OVERSEAS. 

16 (a) IN GENERAL.—The Secretary of Defense and the 

17 Secretary of Veterans Affairs shall jointly enter into a 

18 memorandum of understanding providing for the sharing 

19 by the Department of Defense with the Department of 

20 Veterans Affairs of the results of examinations and other 

21 records on members of the Armed Forces that are retained 

22 and maintained with respect to the medical tracking sys23 tem for members deployed overseas under section 1074f(c) 

24 of title 10, United States Code. 
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1 (b) CESSATION UPON IMPLEMENTATION OF ELEC2 TRONIC HEALTH RECORD.—The sharing required pursu3 ant to subsection (a) shall cease on the date on which the 

4 Secretary of Defense and the Secretary of Veterans Af5 fairs jointly certify to Congress that the Secretaries have 

6 fully implemented an integrated electronic health record 

7 for members of the Armed Forces that is fully interoper8 able between the Department of Defense and the Depart9 ment of Veterans Affairs. 

10 SEC. 756. PARTICIPATION OF MEMBERS OF THE ARMED 

11 FORCES IN PEER SUPPORT COUNSELING 

12 PROGRAMS OF THE DEPARTMENT OF VET13 ERANS AFFAIRS. 

14 (a) PARTICIPATION.— 

15 (1) IN GENERAL.—The Secretary of Defense 

16 and the Secretary of Veterans Affairs shall jointly 

17 enter into a memorandum of understanding pro18 viding for members of the Armed Forces described 

19 in subsection (b) to volunteer or be considered for 

20 employment as peer counselors under the following: 

21 (A) The peer support counseling program 

22 carried out by the Secretary of Veterans Affairs 

23 under subsection (j) of section 1720F of title 

24 38, United States Code, as part of the com25 prehensive program for suicide prevention 
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1 among veterans under subsection (a) of such 

2 section. 

3 (B) The peer support counseling program 

4 carried out by the Secretary of Veterans Affairs 

5 under section 304(a)(1) of the Caregivers and 

6 Veterans Omnibus Health Services Act of 2010 

7 (Public Law 111–163; 124 Stat. 1150; 38 

8 U.S.C. 1712A note). 

9 (2) TRAINING.—Any member participating in a 

10 peer support counseling program under paragraph 

11 (1) shall receive the training for peer counselors 

12 under section 1720F(j)(2) of title 38, United States 

13 Code, or section 304(c) of the Caregivers and Vet14 erans Omnibus Health Services Act of 2010, as ap15 plicable, before performing peer support counseling 

16 duties under such program. 

17 (b) COVERED MEMBERS.—Members of the Armed 

18 Forces described in this subsection are the following: 

19 (1) Members of the reserve components of the 

20 Armed Forces who are demobilizing after deploy21 ment in a theater of combat operations, including, in 

22 particular, members who participated in combat 

23 against the enemy while so deployed. 

24 (2) Members of the regular components of the 

25 Armed Forces separating from active duty who have 
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1 been deployed in a theater of combat operations in 

2 which such members participated in combat against 

3 the enemy. 

4 SEC. 757. RESEARCH AND MEDICAL PRACTICE ON MENTAL 

5 HEALTH CONDITIONS. 

6 (a) DEPARTMENT OF DEFENSE ORGANIZATION ON

7 RESEARCH AND PRACTICE.—The Secretary of Defense 

8 shall establish within the Department of Defense an orga9 nization to carry out the responsibilities specified in sub10 section (b). 

11 (b) RESPONSIBILITIES.—The organization estab12 lished under subsection (a) shall— 

13 (1) carry out programs and activities designed 

14 to provide for the translation of research on the di15 agnosis and treatment of mental health conditions 

16 into policy on medical practices; 

17 (2) make recommendations to the Assistant 

18 Secretary of Defense for Health Affairs on the 

19 translation of such research into the policies of the 

20 Department of Defense on medical practices with re21 spect to members of the Armed Forces; and 

22 (3) discharge such other responsibilities relating 

23 to research and medical practices on mental health 

24 conditions, and the policies of the Department on 

25 such practices with respect to members of the 
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1 Armed Forces, as the Secretary or the Assistant 

2 Secretary shall specify for purposes of this section. 

3 (c) REPORTS.— 

4 (1) INITIAL REPORT.—Not later than 120 days 

5 after the date of the enactment of this Act, the Sec6 retary shall submit to Congress a report on the or7 ganization required by subsection (a). The report 

8 shall include a description of the organization and a 

9 plan for implementing the requirements of this sec10 tion. 

11 (2) ANNUAL REPORTS.—The Secretary shall 

12 submit to Congress each year a report on the activi13 ties of the organization established under subsection 

14 (a) during the preceding year. Each report shall in15 clude the following: 

16 (A) A summary description of the activities 

17 of the organization during the preceding year. 

18 (B) A description of the recommendations 

19 made by the organization to the Assistant Sec20 retary under subsection (b)(2) during the year, 

21 and a description of the actions undertaken (or 

22 to be undertaken) by the Assistant Secretary in 

23 response to such recommendations. 

24 (C) Such other matters relating to the ac25 tivities of the organization, including rec-
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1 ommendations for additional legislative or ad2 ministrative action, as the Secretary, in con3 sultation with the Assistant Secretary, con4 siders appropriate. 

5 SEC. 758. DISPOSAL OF CONTROLLED SUBSTANCES. 

6 (a) MEMBERS OF THE ARMED FORCES.—The Ad7 ministrator of the Drug Enforcement Administration shall 

8 enter into a memorandum of understanding with the Sec9 retary of Defense establishing procedures under which a 

10 member of the Armed Forces may deliver a controlled sub11 stance to a member of the Armed Forces or an employee 

12 of the Department of Defense to be disposed of in accord13 ance with section 302(g) of the Controlled Substances Act 

14 (21 U.S.C. 822(g)). 

15 (b) VETERANS.— 

16 (1) IN GENERAL.—The Administrator shall 

17 enter into a memorandum of understanding with the 

18 Secretary of Veterans Affairs establishing proce19 dures under which a veteran may deliver a controlled 

20 substance to an employee of the Department of Vet21 erans Affairs to be disposed of in accordance with 

22 section 302(g) of the Controlled Substances Act. 

23 (2) VETERAN DEFINED.—In this subsection, 

24 the term ‘‘veteran’’ has the meaning given that term 

25 in section 101 of title 38, United States Code. 
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1 SEC. 759. TRANSPARENCY OF MENTAL HEALTH CARE SERV2 ICES. 

3 (a) MEASUREMENT OF MENTAL HEALTH CARE

4 SERVICES.— 

5 (1) IN GENERAL.—Not later than December 31, 

6 2013, the Secretary of Veterans Affairs shall develop 

7 and implement a comprehensive set of measures to 

8 assess mental health care services furnished by the 

9 Department of Veterans Affairs. 

10 (2) ELEMENTS.—The measures developed and 

11 implemented under paragraph (1) shall provide an 

12 accurate and comprehensive assessment of the fol13 lowing: 

14 (A) The timeliness of the furnishing of 

15 mental health care by the Department. 

16 (B) The satisfaction of patients who re17 ceive mental health care services furnished by 

18 the Department. 

19 (C) The capacity of the Department to fur20 nish mental health care. 

21 (D) The availability and furnishing of evi22 dence-based therapies by the Department. 

23 (b) GUIDELINES FOR STAFFING MENTAL HEALTH

24 CARE SERVICES.—Not later than December 31, 2013, the 

25 Secretary shall develop and implement guidelines for the 

26 staffing of general and specialty mental health care serv-
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1 ices, including at community-based outpatient clinics. 

2 Such guidelines shall include productivity standards for 

3 providers of mental health care. 

4 (c) STUDY COMMITTEE.— 

5 (1) IN GENERAL.—The Secretary shall seek to 

6 enter into a contract with the National Academy of 

7 Sciences to create a study committee— 

8 (A) to consult with the Secretary on the 

9 Secretary’s development and implementation of 

10 the measures and guidelines required by sub11 sections (a) and (b); and 

12 (B) to conduct an assessment and provide 

13 an analysis and recommendations on the state 

14 of Department mental health services. 

15 (2) FUNCTIONS.—In entering into the contract 

16 described in paragraph (1), the Secretary shall, with 

17 respect to paragraph (1)(B), include in such con18 tract a provision for the study committee— 

19 (A) to conduct a comprehensive assessment 

20 of barriers to access to mental health care by 

21 veterans who served in the Armed Forces in 

22 Operation Enduring Freedom, Operation Iraqi 

23 Freedom, or Operation New Dawn; 

24 (B) to assess the quality of the mental 

25 health care being provided to such veterans (in-
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1 cluding the extent to which veterans are af2 forded choices with respect to modes of treat3 ment) through site visits to facilities of the Vet4 erans Health Administration (including at least 

5 one site visit in each Veterans Integrated Serv6 ice Network), evaluating studies of patient out7 comes, and other appropriate means; 

8 (C) to assess whether, and the extent to 

9 which, veterans who served in the Armed 

10 Forces in Operation Enduring Freedom, Oper11 ation Iraqi Freedom, or Operation New Dawn 

12 are being offered a full range of necessary men13 tal health services at Department health care 

14 facilities, including early intervention services 

15 for hazardous drinking, relationship problems, 

16 and other behaviors that create a risk for the 

17 development of a chronic mental health condi18 tion; 

19 (D) to conduct surveys or have access to 

20 Department-administered surveys of— 

21 (i) providers of Department mental 

22 health services; 

23 (ii) veterans who served in the Armed 

24 Forces in Operation Enduring Freedom, 

25 Operation Iraqi Freedom, or Operation 
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1 New Dawn who are receiving mental 

2 health care furnished by the Department; 

3 and 

4 (iii) eligible veterans who served in the 

5 Armed Forces in Operation Enduring 

6 Freedom, Operation Iraqi Freedom, or Op7 eration New Dawn who are not using De8 partment health care services to assess 

9 those barriers described in subparagraph 

10 (A); and 

11 (E) to provide to the Secretary, on the 

12 basis of its assessments as delineated in sub13 paragraphs (A) through (C), specific, detailed 

14 recommendations— 

15 (i) for overcoming barriers, and im16 proving access, to timely, effective mental 

17 health care at Department health care fa18 cilities (or, where Department facilities 

19 cannot provide such care, through contract 

20 arrangements under existing law); and 

21 (ii) to improve the effectiveness and 

22 efficiency of mental health services fur23 nished by the Secretary. 

24 (3) PARTICIPATION BY FORMER OFFICIALS AND

25 EMPLOYEES OF VETERANS HEALTH ADMINISTRA-
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1 TION.—The Secretary shall ensure that any contract 

2 entered into under paragraph (1) provides for inclu3 sion on any subcommittee which participates in con4 ducting the assessments and formulating the rec5 ommendations provided for in paragraph (2) at least 

6 one former official of the Veterans Health Adminis7 tration and at least two former employees of the 

8 Veterans Health Administration who were providers 

9 of mental health care. 

10 (4) PERIODIC REPORTS TO SECRETARY.—In en11 tering into the contract described in paragraph (1), 

12 the Secretary shall, with respect to paragraph 

13 (1)(A), include in such contract a provision for the 

14 submittal to the Secretary of periodic reports and 

15 provision of other consultation to the Secretary by 

16 the study committee to assist the Secretary in car17 rying out subsections (a) and (b). 

18 (5) REPORTS TO CONGRESS.—Not later than 

19 30 days after receiving a report under paragraph 

20 (4), the Secretary shall submit to the Committee on 

21 Veterans’ Affairs of the Senate and the Committee 

22 on Veterans’ Affairs of the House of Representatives 

23 a report on the plans of the Secretary to implement 

24 such recommendations submitted to the Secretary by 

25 the study committee as the Secretary considers ap-
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1 propriate. Such report shall include a description of 

2 each recommendation submitted to the Secretary 

3 that the Secretary does not plan to carry out and an 

4 explanation of why the Secretary does not plan to 

5 carry out such recommendation. 

6 (d) PUBLICATION.— 

7 (1) IN GENERAL.—The Secretary shall make 

8 available to the public on an Internet website of the 

9 Department the following: 

10 (A) The measures and guidelines developed 

11 and implemented under this section. 

12 (B) An assessment of the performance of 

13 the Department using such measures and 

14 guidelines. 

15 (2) QUARTERLY UPDATES.—The Secretary 

16 shall update the measures, guidelines, and assess17 ment made available to the public under paragraph 

18 (1) not less frequently than quarterly. 

19 (e) SEMIANNUAL REPORTS.— 

20 (1) IN GENERAL.—Not later than June 30, 

21 2013, and not less frequently than twice each year 

22 thereafter, the Secretary shall submit to the Com23 mittee on Veterans’ Affairs of the Senate and the 

24 Committee on Veterans’ Affairs of the House of 

25 Representatives a report on the Secretary’s progress 
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1 in developing and implementing the measures and 

2 guidelines required by this section. 

3 (2) ELEMENTS.—Each report submitted under 

4 paragraph (1) shall include the following: 

5 (A) A description of the development and 

6 implementation of the measures required by 

7 subsection (a) and the guidelines required by 

8 subsection (b). 

9 (B) A description of the progress made by 

10 the Secretary in developing and implementing 

11 such measures and guidelines. 

12 (C) An assessment of the mental health 

13 care services furnished by the Department of 

14 Veterans Affairs, using the measures developed 

15 and implemented under subsection (a). 

16 (D) An assessment of the effectiveness of 

17 the guidelines developed and implemented under 

18 subsection (b). 

19 (E) Such recommendations for legislative 

20 or administrative action as the Secretary may 

21 have to improve the effectiveness and efficiency 

22 of the mental health care services furnished 

23 under laws administered by the Secretary. 

24 (f) IMPLEMENTATION REPORT.— 
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1 (1) IN GENERAL.—Not later than 30 days be2 fore the date on which the Secretary begins imple3 menting the measures and guidelines required by 

4 this section, the Secretary shall submit to the com5 mittees described in subsection (e)(1) a report on 

6 the Secretary’s planned implementation of such 

7 measures and guidelines. 

8 (2) ELEMENTS.—The report required by para9 graph (1) shall include the following: 

10 (A) A detailed description of the measures 

11 and guidelines that the Secretary plans to im12 plement under this section. 

13 (B) A description of the rationale for each 

14 measure and guideline the Secretary plans to 

15 implement under this section. 

16 (C) A discussion of each measure and 

17 guideline that the Secretary considered under 

18 this section but chose not to implement. 

19 (D) The number of current vacancies in 

20 mental health care provider positions in the De21 partment. 

22 (E) An assessment of how many additional 

23 positions are needed to meet current or ex24 pected demand for mental health services fur25 nished by the Department. 
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1 SEC. 760. 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 the following: ‘‘Upon the request of 

13 any individual referred to in subparagraph 

14 (C), the Secretary shall furnish counseling, 

15 including by furnishing counseling through 

16 a Vet 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 

26 area at a time during which hostilities are oc-
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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. 761. AUTHORITY FOR SECRETARY OF VETERANS AF2 FAIRS TO FURNISH MENTAL HEALTH CARE 

3 THROUGH FACILITIES OTHER THAN VET 

4 CENTERS TO IMMEDIATE FAMILY MEMBERS 

5 OF MEMBERS OF THE ARMED FORCES DE6 PLOYED IN CONNECTION WITH A CONTIN7 GENCY OPERATION. 

8 (a) IN GENERAL.—Subject to the availability of ap9 propriations and subsection (b), the Secretary of Veterans 

10 Affairs, in addition to furnishing mental health care to 

11 family members of members of the Armed Forces through 

12 Vet Centers under section 1712A of title 38, United 

13 States Code, may furnish mental health care to immediate 

14 family members of members of the Armed Forces while 

15 such members are deployed in connection with a contin16 gency operation (as defined in section 101 of title 10, 

17 United States Code) through Department of Veterans Af18 fairs medical facilities, telemental health modalities, and 

19 such community, nonprofit, private, and other third par20 ties as the Secretary considers appropriate. 

21 (b) LIMITATION.—The Secretary may furnish mental 

22 health care under subsection (a) only to the extent that 

23 resources and facilities are available and only to the extent 

24 that the furnishing of such care does not interfere with 

25 the provision of care to veterans. 
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1 (c) NO ELIGIBILITY FOR TRAVEL REIMBURSE2 MENT.—A family member to whom the Secretary fur3 nishes mental health care under subsection (a) shall not 

4 be eligible for payments or allowances under section 111 

5 of title 38, United States Code, for such mental health 

6 care. 

7 (d) SUNSET.—The authority to furnish medical 

8 health care under subsection (a) shall expire on the date 

9 that is three years after the date of the enactment of this 

10 Act. 

11 (e) VET CENTER DEFINED.—In this section, the 

12 term ‘‘Vet Center’’ has the meaning given the term in sec13 tion 1712A(g) of title 38, United States Code, as amended 

14 by section 760(3) of this Act. 

15 SEC. 762. ORGANIZATION OF THE READJUSTMENT COUN16 SELING SERVICE IN DEPARTMENT OF VET17 ERANS AFFAIRS. 

18 (a) IN GENERAL.—Subchapter I of chapter 73 of title 

19 38, United States Code, is amended by adding at the end 

20 the following new section: 

21 ‘‘§ 7309. Readjustment Counseling Service 

22 ‘‘(a) IN GENERAL.—There is in the Veterans Health 

23 Administration a Readjustment Counseling Service. The 

24 Readjustment Counseling Service shall provide readjust-
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1 ment counseling and associated services to individuals in 

2 accordance with section 1712A of this title. 

3 ‘‘(b) CHIEF OFFICER.—(1) The head of the Read4 justment Counseling Service shall be the Chief Officer of 

5 the Readjustment Counseling Service (in this section the 

6 ‘Chief Officer’), who shall report directly to the Under 

7 Secretary for Health. 

8 ‘‘(2) The Chief Officer shall be appointed by the 

9 Under Secretary for Health from among individuals 

10 who— 

11 ‘‘(A)(i) are psychologists who hold a diploma as 

12 a doctorate in clinical or counseling psychology from 

13 an authority approved by the American Psycho14 logical Association and who have successfully under15 gone an internship approved by that association; 

16 ‘‘(ii) are holders of a master in social work de17 gree; or 

18 ‘‘(iii) hold such other advanced degrees related 

19 to mental health as the Secretary considers appro20 priate; 

21 ‘‘(B) have at least three years of experience 

22 providing direct counseling services or outreach serv23 ices in the Readjustment Counseling Service; 
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1 ‘‘(C) have at least three years of experience ad2 ministrating direct counseling services or outreach 

3 services in the Readjustment Counseling Service; 

4 ‘‘(D) meet the quality standards and require5 ments of the Department; and 

6 ‘‘(E) are veterans who served in combat as 

7 members of the Armed Forces. 

8 ‘‘(c) STRUCTURE.—(1) The Readjustment Coun9 seling Service is a distinct organizational element within 

10 Veterans Health Administration. 

11 ‘‘(2) The Readjustment Counseling Service shall pro12 vide counseling and services as described in subsection (a). 

13 ‘‘(3) The Chief Officer shall have direct authority 

14 over all Readjustment Counseling Service staff and assets, 

15 including Vet Centers. 

16 ‘‘(d) SOURCE OF FUNDS.—(1) Amounts for the ac17 tivities of the Readjustment Counseling Service, including 

18 the operations of its Vet Centers, shall be derived from 

19 amounts appropriated for the Veterans Health Adminis20 tration for medical care. 

21 ‘‘(2) Amounts for activities of the Readjustment 

22 Counseling Service, including the operations of its Vet 

23 Centers, shall not be allocated through the Veterans Equi24 table Resource Allocation system. 
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1 ‘‘(3) In each budget request submitted for the De2 partment of Veterans Affairs by the President to Congress 

3 under section 1105 of title 31, the budget request for the 

4 Readjustment Counseling Service shall be listed sepa5 rately. 

6 ‘‘(e) ANNUAL REPORT.—(1) Not later than March 15 

7 of each year, the Secretary shall submit to the Committee 

8 on Veterans’ Affairs of the Senate and the Committee on 

9 Veterans’ Affairs of the House of Representatives a report 

10 on the activities of the Readjustment Counseling Service 

11 during the preceding calendar year. 

12 ‘‘(2) Each report submitted under paragraph (1) 

13 shall include, with respect to the period covered by the 

14 report, the following: 

15 ‘‘(A) A summary of the activities of the Read16 justment Counseling Service, including Vet Centers. 

17 ‘‘(B) A description of the workload and addi18 tional treatment capacity of the Vet Centers, includ19 ing, for each Vet Center, the ratio of the number of 

20 full-time equivalent employees at such Vet Center 

21 and the number of individuals who received services 

22 or assistance at such Vet Center. 

23 ‘‘(C) A detailed analysis of demand for and 

24 unmet need for readjustment counseling services and 

25 the Secretary’s plan for meeting such unmet need. 
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1 ‘‘(f) VET CENTER DEFINED.—In this section, the 

2 term ‘Vet Center’ has the meaning given the term in sec3 tion 1712A(g) of this title.’’. 

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

5 at the beginning of chapter 73 of such title is amended 

6 by inserting after the item relating to section 7308 the 

7 following new item: 

‘‘7309. Readjustment Counseling Service.’’. 

8 (c) CONFORMING AMENDMENTS.—Section 7305 of 

9 such title is amended— 

10 (1) by redesignating paragraph (7) as para11 graph (8); and 

12 (2) by inserting after paragraph (6) the fol13 lowing new paragraph (7): 

14 ‘‘(7) A Readjustment Counseling Service.’’. 

15 SEC. 763. RECRUITING MENTAL HEALTH PROVIDERS FOR 

16 FURNISHING OF MENTAL HEALTH SERVICES 

17 ON BEHALF OF THE DEPARTMENT OF VET18 ERANS AFFAIRS WITHOUT COMPENSATION 

19 FROM THE DEPARTMENT. 

20 (a) IN GENERAL.—The Secretary of Veterans Affairs 

21 shall carry out a national program of outreach to societies, 

22 community organizations, nonprofit organizations, or gov23 ernment entities in order to recruit mental health pro24 viders, who meet the quality standards and requirements 

25 of the Department of Veterans Affairs, to provide mental 
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1 health services for the Department on a part-time, with2 out-compensation basis, under section 7405 of title 38, 

3 United States Code. 

4 (b) PARTNERING WITH AND DEVELOPING COMMU5 NITY ENTITIES AND NONPROFIT ORGANIZATIONS.—In 

6 carrying out the program required by subsection (a), the 

7 Secretary may partner with a community entity or non8 profit organization or assist in the development of a com9 munity entity or nonprofit organization, including by en10 tering into an agreement under section 8153 of title 38, 

11 United States Code, that provides strategic coordination 

12 of the societies, organizations, and government entities de13 scribed in subsection (a) in order to maximize the avail14 ability and efficient delivery of mental health services to 

15 veterans by such societies, organizations, and government 

16 entities. 

17 (c) MILITARY CULTURE TRAINING.—In carrying out 

18 the program required by subsection (a), the Secretary 

19 shall provide training to mental health providers to ensure 

20 that clinicians who provide mental health services as de21 scribed in such subsection have sufficient understanding 

22 of military- and service-specific culture, combat experi23 ence, and other factors that are unique to the experience 

24 of veterans who served in Operation Enduring Freedom, 

25 Operating Iraqi Freedom, or Operation New Dawn. 
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1 SEC. 764. PEER SUPPORT. 

2 (a) PEER SUPPORT COUNSELING PROGRAM.— 

3 (1) PROGRAM REQUIRED.—Paragraph (1) of 

4 section 1720F(j) of title 38, United States Code, is 

5 amended in the matter before subparagraph (A) by 

6 striking ‘‘may’’ and inserting ‘‘shall’’. 

7 (2) TRAINING.—Paragraph (2) of such section 

8 is amended by inserting after ‘‘peer counselors’’ the 

9 following: ‘‘, including training carried out under the 

10 national program of training required by section 

11 304(c) of the Caregivers and Veterans Omnibus 

12 Health Services Act of 2010 (38 U.S.C. 1712A note; 

13 Public Law 111–163)’’. 

14 (3) AVAILABILITY OF PROGRAM AT DEPART15 MENT MEDICAL CENTERS.—Such section is amended 

16 by adding at the end the following new paragraph: 

17 ‘‘(3) In addition to other locations the Secretary con18 siders appropriate, the Secretary shall carry out the peer 

19 support program under this subsection at each Depart20 ment medical center.’’. 

21 (4) DEADLINE FOR COMMENCEMENT OF PRO22 GRAM.—The Secretary of Veterans Affairs shall en23 sure that the peer support counseling program re24 quired by section 1720F(j) of title 38, United States 

25 Code, as amended by this subsection, commences at 

26 each Department of Veterans Affairs medical center 
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1 not later than 270 days after the date of the enact2 ment of this Act. 

3 (b) PEER OUTREACH AND PEER SUPPORT SERVICES

4 AT DEPARTMENT MEDICAL CENTERS UNDER PROGRAM

5 ON READJUSTMENT AND MENTAL HEALTH CARE SERV6 ICES FOR VETERANS WHO SERVED IN OPERATION EN7 DURING FREEDOM AND OPERATION IRAQI FREEDOM.— 

8 (1) IN GENERAL.—Section 304 of the Care9 givers and Veterans Omnibus Health Services Act of 

10 2010 (38 U.S.C. 1712A note; Public Law 111–163) 

11 is amended— 

12 (A) by redesignating subsection (e) as sub13 section (f); and 

14 (B) by inserting after subsection (d) the 

15 following new subsection (e): 

16 ‘‘(e) PROVISION OF PEER OUTREACH AND PEER

17 SUPPORT SERVICES AT DEPARTMENT MEDICAL CEN18 TERS.—The Secretary shall carry out the services required 

19 by subparagraphs (A) and (B) of subsection (a)(1) at each 

20 Department medical center.’’. 

21 (2) DEADLINE.—The Secretary of Veterans Af22 fairs shall commence carrying out the services re23 quired by subparagraphs (A) and (B) of subsection 

24 (a)(1) of such section at each Department of Vet25 erans Affairs medical center, as required by sub-
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1 section (e) of such section (as added by paragraph 

2 (1)), not later than 270 days after the date of the 

3 enactment of this Act. 

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

8 Subtitle A—Provisions Relating to 

9 Major Defense Acquisition Pro10 grams 

11 SEC. 801. LIMITATION ON USE OF COST-TYPE CONTRACTS. 

12 (a) PROHIBITION WITH RESPECT TO PRODUCTION

13 OF MAJOR DEFENSE ACQUISITION PROGRAMS.—Not later 

14 than 120 days after the date of the enactment of this Act, 

15 the Secretary of Defense shall modify the acquisition regu16 lations of the Department of Defense to prohibit the De17 partment from entering into cost-type contracts for the 

18 production of major defense acquisition programs 

19 (MDAPs). 

20 (b) EXCEPTION.— 

21 (1) IN GENERAL.—The prohibition under sub22 section (a) shall not apply in the case of a particular 

23 cost-type contract if the Under Secretary of Defense 

24 for Acquisition, Technology, and Logistics, after 
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1 consultation with the Director of Cost Assessment 

2 and Program Evaluation— 

3 (A) certifies, in writing, with reasons, that 

4 a cost-type contract is needed to provide a re5 quired capability in a timely and cost-effective 

6 manner; and 

7 (B) provides the certification to the con8 gressional defense committees not later than 30 

9 business days before issuing a solicitation for 

10 the contract. 

11 (2) SCOPE OF EXCEPTION.—In any case when 

12 the Under Secretary grants an exception under 

13 paragraph (1), the Under Secretary shall take af14 firmative steps to make sure that the use of cost15 type pricing is limited to only those line items or 

16 portions of the contract where such pricing is needed 

17 to achieve the purposes of the exception. A written 

18 certification under paragraph (1) shall be accom19 panied by an explanation of the steps taken under 

20 this paragraph. 

21 (c) DEFINITIONS.—In this section: 

22 (1) MAJOR DEFENSE ACQUISITION PROGRAM.— 

23 The term ‘‘major defense acquisition program’’ has 

24 the meaning given the term in section 2430(a) of 

25 title 10, United States Code. 
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1 (2) PRODUCTION OF A MAJOR DEFENSE ACQUI2 SITION PROGRAM.—The term ‘‘production of a major 

3 defense acquisition program’’ means the production, 

4 either on a low-rate initial production or full-rate 

5 production basis, and deployment of a major system 

6 that is intended to achieve an operational capability 

7 that satisfies mission needs, or any activity other8 wise defined as Milestone C under Department of 

9 Defense Instruction 5000.02 or related authorities. 

10 (3) CONTRACT FOR THE PRODUCTION OF A

11 MAJOR DEFENSE ACQUISITION PROGRAM.—The term 

12 ‘‘contract for the production of a major defense ac13 quisition program’’— 

14 (A) means a prime contract for the pro15 duction of a major defense acquisition program; 

16 and 

17 (B) does not include individual line items 

18 for segregable efforts or contracts for the incre19 mental improvement of systems that are al20 ready in production (other than contracts for 

21 major upgrades that are themselves major de22 fense acquisition programs). 

23 (d) APPLICABILITY.—The requirements of this sec24 tion shall apply to contracts for the production of major 
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1 defense acquisition programs entered into on or after Oc2 tober 1, 2014. 

3 SEC. 802. ACQUISITION STRATEGIES FOR MAJOR SUB4 SYSTEMS AND SUBASSEMBLIES ON MAJOR 

5 DEFENSE ACQUISITION PROGRAMS. 

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

7 ensure that the acquisition strategy for each major defense 

8 acquisition program— 

9 (1) provides, where appropriate, for breaking 

10 out a major subsystem or subassembly, conducting a 

11 separate competition or negotiating a separate price 

12 for the subsystem or subassembly, and providing the 

13 subsystem or subassembly to the prime contractor as 

14 government-furnished equipment; and 

15 (2) in any case where it is not practical or ap16 propriate to break out a major subsystem or sub17 assembly and provide it to the prime contractor as 

18 government-furnished equipment, includes measures 

19 to prevent excessive pass-through charges by the 

20 prime contractor. 

21 (b) DEFINITIONS.—In this section: 

22 (1) The term ‘‘excessive pass-through charges’’ 

23 means pass-through charges that are not reasonable 

24 in relation to the cost of direct labor provided by 

25 employees of the contractor, any other costs directly 
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1 attributable to the management of the subcontract 

2 by employees of the contractor, and the level of risk 

3 and responsibility, if any, assumed by the prime con4 tractor for the performance of the subcontract. 

5 (2) The term ‘‘major defense acquisition pro6 gram’’ has the meaning given the term in section 

7 2430(a) of title 10, United States Code. 

8 (3) The term ‘‘pass-through charges’’ means 

9 prime contractor charges for overhead (including 

10 general and administrative costs) or profit on a sub11 system or subassembly that is produced by an entity 

12 or entities other than the prime contractor. 

13 (c) CONFORMING AMENDMENTS.—Section 202(c) of 

14 the Weapon Systems Acquisition Reform Act of 2009 

15 (Public Law 111–23; 123 Stat. 1720; 10 U.S.C. 2430 

16 note) is amended— 

17 (1) in the matter preceding paragraph (1), by 

18 striking ‘‘fair and objective ‘make-buy’ decisions by 

19 prime contractors’’ and inserting ‘‘competition or the 

20 option of competition at the subcontract level’’; 

21 (2) by redesignating paragraphs (1), (2), and 

22 (3) as paragraphs (2), (3), and (4), respectively; and 

23 (3) by inserting before paragraph (2), as redes24 ignated by paragraph (2) of this subsection, the fol25 lowing new paragraph (1): 
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1 ‘‘(1) where appropriate, breaking out a major 

2 subsystem, conducting a separate competition for 

3 the subsystem, and providing the subsystem to the 

4 prime contractor as government-furnished equip5 ment;’’. 

6 SEC. 803. MANAGEMENT STRUCTURE FOR DEVELOP7 MENTAL TEST AND EVALUATION. 

8 (a) DUTIES OF DASD FOR DEVELOPMENTAL TEST

9 AND EVALUATION.—Subsection (a)(5) of section 139b of 

10 title 10, United States Code is amended— 

11 (1) in subparagraph (A)(i), by striking ‘‘in the 

12 Department of Defense’’ and inserting ‘‘of the mili13 tary departments and other elements of the Depart14 ment of Defense’’; and 

15 (2) in subparagraph (C), by striking ‘‘pro16 grams’’ and inserting ‘‘programs (including the ac17 tivities of chief developmental testers and lead devel18 opmental test evaluation organizations designated in 

19 accordance with subsection (c))’’. 

20 (b) DUTIES OF CHIEF DEVELOPMENTAL TESTER

21 AND LEAD DEVELOPMENTAL TEST AND EVALUATION OR22 GANIZATION.—Subsection (c) of such section is amend23 ed— 

24 (1) in paragraph (2), by striking ‘‘shall be re25 sponsible for’’ and inserting ‘‘, consistent with poli-
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1 cies and guidance issued pursuant to subsection 

2 (a)(5)(A), shall be responsible for’’; 

3 (2) in paragraph (3), by striking ‘‘shall be re4 sponsible for’’ and inserting ‘‘, consistent with poli5 cies and guidance issued pursuant to subsection 

6 (a)(5)(A), shall be responsible for’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(4) TRANSMITTAL OF RECORDS AND DATA.— 

10 The chief developmental tester and the lead develop11 mental test and evaluation organization for a major 

12 defense acquisition program shall promptly transmit 

13 to the Deputy Assistant Secretary for Developmental 

14 Test and Evaluation any records or data relating to 

15 the program that are requested by the Deputy As16 sistant Secretary, as provided in subsection (a)(6).’’. 

17 SEC. 804. ASSESSMENTS OF POTENTIAL TERMINATION LI18 ABILITY OF CONTRACTS FOR THE DEVELOP19 MENT OR PRODUCTION OF MAJOR DEFENSE 

20 ACQUISITION PROGRAMS. 

21 (a) REPORT ON ASSESSMENT REQUIRED.—Not later 

22 than 30 days before entering into a covered contract, the 

23 Under Secretary of Defense for Acquisition, Technology, 

24 and Logistics shall submit to the congressional defense 

25 committees a report on the potential termination liability 
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1 of the Department of Defense under the contract, includ2 ing— 

3 (1) an estimate of the maximum potential ter4 mination liability certification for the contract; and 

5 (2) an assessment how such termination liabil6 ity is likely to increase or decrease over the period 

7 of performance of the contract. 

8 (b) COVERED CONTRACTS.—For purposes of this sec9 tion, a covered contract is a contract for the development 

10 or production of a major defense acquisition program for 

11 which the Under Secretary of Defense for Acquisition, 

12 Technology, and Logistics is the Milestone Decision Au13 thority if the contract has a potential termination liability 

14 of the Department of Defense that could reasonably be 

15 expected to exceed $100,000,000. 

16 (c) MAJOR DEFENSE ACQUISITION PROGRAM DE17 FINED.—In this section, the term ‘‘major defense acquisi18 tion program’’ has the meaning given that term in section 

19 2430 of title 10, United States Code. 

20 SEC. 805. TECHNICAL CHANGE REGARDING PROGRAMS EX21 PERIENCING CRITICAL COST GROWTH DUE 

22 TO CHANGE IN QUANTITY PURCHASED. 

23 Section 2433a(c)(3)(A) of title 10, United States 

24 Code, is amended by striking ‘‘subparagraphs (B) and 

25 (C)’’ and inserting ‘‘subparagraphs (B), (C), and (E)’’. 
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1 SEC. 806. 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 B—Acquisition Policy and 

9 Management 

10 SEC. 821. ONE-YEAR EXTENSION OF TEMPORARY LIMITA11 TION ON AGGREGATE ANNUAL AMOUNT 

12 AVAILABLE FOR CONTRACT SERVICES. 

13 Section 808 of the National Defense Authorization 

14 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

15 1489) is amended— 

16 (1) by striking ‘‘fiscal year 2012 or 2103’’ each 

17 place it appears and inserting ‘‘fiscal year 2012, 

18 2013, or 2014’’; and 

19 (2) by striking ‘‘fiscal years 2012 and 2013’’ 

20 each place it appears and inserting ‘‘fiscal years 

21 2012, 2103, and 2014’’. 
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1 SEC. 822. PROHIBITION OF EXCESSIVE PASS-THROUGH 

2 CONTRACTS AND CHARGES IN THE ACQUISI3 TION OF SERVICES. 

4 (a) IN GENERAL.—Not later than 90 days after the 

5 date of the enactment of this Act, the Federal Acquisition 

6 Regulation shall be revised to— 

7 (1) prohibit the award of a covered contract or 

8 task order unless the contractor agrees that at least 

9 50 percent of the direct labor cost of services to be 

10 performed under the contract or task order will be 

11 expended for employees of the contractor or of a 

12 subcontractor that is specifically identified and au13 thorized to perform such work in the contract or 

14 task order; 

15 (2) provide that the contracting officer for a 

16 covered contract or task order may authorize reli17 ance upon a subcontractor or subcontractors to meet 

18 the requirement in paragraph (1) only upon a writ19 ten determination that such reliance is in the best 

20 interest of the executive agency concerned, after tak21 ing into account the added cost for overhead (includ22 ing general and administrative costs) and profit that 

23 may be incurred as a result of the pass-through; 

24 (3) require the contracting officer for a covered 

25 contract or task order for which more than 70 per26 cent of the direct labor cost of services to be per-
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1 formed will be expended for persons other than em2 ployees of the contractor to ensure that amounts 

3 paid to the contractor for overhead (including gen4 eral and administrative costs) and profit are reason5 able in relation to the cost of direct labor provided 

6 by employees of the contractor and any other costs 

7 directly attributable to the management of the sub8 contract by employees of the contractor; 

9 (4) include such exceptions to the requirements 

10 in paragraphs (2) and (3) as the Federal Acquisition 

11 Regulatory Council considers appropriate in the in12 terests of the United States, which exceptions shall 

13 be permissible only in exceptional circumstances and 

14 for instances demonstrated by the Council to be 

15 cost-effective; and 

16 (5) include such exceptions to the requirements 

17 in paragraphs (2) and (3) as the Secretary of De18 fense considers appropriate in the interests of the 

19 national defense. 

20 (b) COVERED CONTRACT OR TASK ORDER DE21 FINED.—In this section, the term ‘‘covered contract or 

22 task order’’ means a contract or task order for the per23 formance of services (other than construction) with a value 

24 in excess of the simplified acquisition threshold that is en25 tered into for or on behalf of an executive agency, except 
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1 that such term does not include any contract or task order 

2 that provides a firm, fixed price for each task to be per3 formed and is— 

4 (1) awarded on the basis of adequate price com5 petition; or 

6 (2) for the acquisition of commercial services as 

7 defined in paragraphs (5) and (6) of section 103 of 

8 title 41, United States Code. 

9 (c) EFFECTIVE DATE.—The requirements of this sec10 tion shall apply to— 

11 (1) covered contracts that are awarded on or 

12 after the date that is 90 days after the date of the 

13 enactment of this Act; and 

14 (2) covered task orders that are awarded on or 

15 after the date that is 90 days after the date of the 

16 enactment of this Act under contracts that are 

17 awarded before, on, or after such date. 

18 (d) OTHER DEFINITIONS.—In this section: 

19 (1) The term ‘‘executive agency’’ has the mean20 ing given that term in section 133 of title 41, United 

21 States Code. 

22 (2) The term ‘‘Federal Acquisition Regulatory 

23 Council’’ means the Federal Acquisition Regulatory 

24 Council under section 1302(a) of title 41, United 

25 States Code. 
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1 (e) CONFORMING REPEAL.—Section 852 of the John 

2 Warner National Defense Authorization Act for Fiscal 

3 Year 2007 (120 Stat. 2340) is repealed. 

4 SEC. 823. AVAILABILITY OF AMOUNTS IN DEFENSE ACQUI5 SITION WORKFORCE DEVELOPMENT FUND 

6 FOR TEMPORARY MEMBERS OF WORKFORCE. 

7 (a) IN GENERAL.—Section 1705 of title 10, United 

8 States Code, is amended— 

9 (1) in subsection (e)— 

10 (A) in paragraph (1), by adding at the end 

11 the following new sentence: ‘‘In the case of tem12 porary members of the acquisition workforce 

13 designated pursuant to subsection (h)(2), such 

14 funds shall be available only for the limited pur15 pose of providing training in the performance of 

16 acquisition-related functions and duties.’’; and 

17 (B) in paragraph (5), by inserting before 

18 the period at the end the following: ‘‘, and who 

19 has continued in the employment of the Depart20 ment since such time without a break in such 

21 employment of more than a year’’; 

22 (2) by striking subsection (g); 

23 (3) by redesignating subsection (h) as sub24 section (g); and 
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1 (4) by adding at the end the following new sub2 section (h): 

3 ‘‘(h) ACQUISITION WORKFORCE DEFINED.—In this 

4 section, the term ‘acquisition workforce’ means the fol5 lowing: 

6 ‘‘(1) Personnel in positions designated under 

7 section 1721 of this title as acquisition positions for 

8 purposes of this chapter. 

9 ‘‘(2) Other military personnel or civilian em10 ployees of the Department of Defense who— 

11 ‘‘(A) contribute significantly to the acquisi12 tion process by virtue of their assigned duties; 

13 and 

14 ‘‘(B) are designated as temporary members 

15 of the acquisition workforce by the Under Sec16 retary of Defense for Acquisition, Technology, 

17 and Logistics, or by the senior acquisition exec18 utive of a military department, for the limited 

19 purpose of receiving training for the perform20 ance of acquisition-related functions and du21 ties.’’. 

22 (b) EXTENSION OF EXPEDITED HIRING AUTHOR23 ITY.—Subsection (g) of such section, as redesignated by 

24 subsection (a)(3) of this section, is further amended in 
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1 paragraph (2) by striking ‘‘September 30, 2015’’ and in2 serting ‘‘September 30, 2017’’. 

3 (c) PLAN REQUIRED.—Not later than 180 days after 

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

5 of Defense for Acquisition, Technology, and Logistics shall 

6 develop a plan for the implementation of the authority pro7 vided by the amendments made by subsection (a) with re8 gard to temporary members of the defense acquisition 

9 workforce. The plan shall include policy, criteria, and 

10 processes for designating temporary members and appro11 priate safeguards to prevent the abuse of such authority. 

12 SEC. 824. DEPARTMENT OF DEFENSE POLICY ON CON13 TRACTOR PROFITS. 

14 (a) REVIEW OF GUIDELINES ON PROFITS.—The Sec15 retary of Defense shall review the profit guidelines in the 

16 Department of Defense Supplement to the Federal Acqui17 sition Regulation in order to identify any modifications to 

18 such guidelines that are necessary to ensure an appro19 priate link between contractor profit and contractor per20 formance. 

21 (b) MATTERS TO BE CONSIDERED.—In conducting 

22 the review required by subsection (a), the Secretary shall 

23 consider, at a minimum, the following: 
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1 (1) Appropriate levels of profit needed to sus2 tain competition in the defense industry, taking into 

3 account contractor investment and cash flow. 

4 (2) Appropriate adjustments to address con5 tract and performance risk assumed by the con6 tractor, taking into account the extent to which such 

7 risk is passed on to subcontractors. 

8 (3) Appropriate incentives for superior perform9 ance in delivering quality products and services in a 

10 timely and cost-effective manner, taking into account 

11 such factors as prime contractor cost reduction, con12 trol of overhead costs, subcontractor cost reduction, 

13 subcontractor management, and effective competi14 tion (including the utilization of small business) at 

15 the subcontract level. 

16 (c) MODIFICATION OF GUIDELINES.—Not later than 

17 180 days after the date of the enactment of this Act, the 

18 Secretary shall modify the profit guidelines described in 

19 subsection (a) so as to achieve the link described that sub20 section. 

21 (d) REPORT.—Upon the completion of the modifica22 tion of the profit guidelines required by subsection (c), the 

23 Secretary shall submit to the congressional defense com24 mittees a report on the actions of the Secretary under this 

25 section. The report shall set forth the following: 
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1 (1) The results of the review conducted under 

2 subsection (a). 

3 (2) A description of the modification carried out 

4 under subsection (c). 

5 SEC. 825. MODIFICATION OF AUTHORITIES ON INTERNAL 

6 CONTROLS FOR PROCUREMENTS ON BEHALF 

7 OF THE DEPARTMENT OF DEFENSE BY CER8 TAIN NON-DEFENSE AGENCIES. 

9 (a) DISCRETIONARY AUTHORITY.—Subsection (a) of 

10 section 801 of the National Defense Authorization Act for 

11 Fiscal Year 2008 (10 U.S.C. 2304 note) is amended— 

12 (1) in paragraph (1), by striking ‘‘shall, not 

13 later than the date specified in paragraph (2),’’ and 

14 inserting ‘‘may’’; 

15 (2) by striking paragraph (2); 

16 (3) by redesignating paragraphs (3) through 

17 (6) as paragraphs (2) through (5), respectively; 

18 (4) in paragraph (3), as redesignated by para19 graph (3) of this section— 

20 (A) by striking ‘‘required under this sub21 section’’ and inserting ‘‘to be performed under 

22 this subsection’’; and 

23 (B) by striking ‘‘shall’’ and inserting 

24 ‘‘may’’; and 
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1 (5) in paragraph (4), as so redesignated, by 

2 striking ‘‘shall’’ and inserting ‘‘may’’. 

3 (b) CONFORMING AMENDMENTS.—Subsection 

4 (b)(1)(B) of such section is amended— 

5 (1) in clause (i), by striking ‘‘required by sub6 section (a)(4)’’ and inserting ‘‘to be entered into 

7 under subsection (a)(3)’’; and 

8 (2) in clause (ii)— 

9 (A) by striking ‘‘required by subsection 

10 (a)’’ and inserting ‘‘provided for under sub11 section (a)’’; and 

12 (B) by striking ‘‘subsection (a)(5)’’ and in13 serting ‘‘subsection (a)(4)’’. 

14 SEC. 826. EXTENSION OF PILOT PROGRAM ON MANAGE15 MENT OF SUPPLY-CHAIN RISK. 

16 Section 806(g) of the Ike Skelton National Defense 

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

18 383; 124 Stat. 4262; 10 U.S.C. 2304 note) is amended 

19 by striking ‘‘the date that is three years after the date 

20 of the enactment of this Act’’ and inserting ‘‘January 1, 

21 2016’’. 
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1 SEC. 827. SENSE OF SENATE ON THE CONTINUING 

2 PROGRESS OF THE DEPARTMENT OF DE3 FENSE IN IMPLEMENTING ITS ITEM UNIQUE 

4 IDENTIFICATION INITIATIVE. 

5 (a) FINDINGS.—The Senate makes the following 

6 findings: 

7 (1) In 2003, the Department of Defense initi8 ated the Item Unique Identification (IUID) Initia9 tive, which requires the marking and tracking of as10 sets deployed throughout the Armed Forces or in the 

11 possession of Department contractors. 

12 (2) The Initiative has the potential for realizing 

13 significant cost savings and improving the manage14 ment of defense equipment and supplies throughout 

15 their lifecycle. 

16 (3) The Initiative can help the Department 

17 combat the growing problem of counterfeits in the 

18 military supply chain. 

19 (b) SENSE OF SENATE.—It is the sense of the Sen20 ate— 

21 (1) to support efforts by the Department of De22 fense to implement the Item Unique Identification 

23 Initiative; 

24 (2) to support measures to verify contractor 

25 compliance with section 252.211–7003 (entitled 

26 ‘‘Item Identification and Valuation’’) of the Defense 
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1 Supplement to the Federal Acquisition Regulation, 

2 on Unique Identification, which states that a unique 

3 identification equivalent recognized by the Depart4 ment is required for certain acquisitions; 

5 (3) to encourage the Armed Forces to adopt 

6 and implement Item Unique Identification actions 

7 and milestones; and 

8 (4) to support investment of sufficient resources 

9 and continued training and leadership to enable the 

10 Department to capture meaningful data and opti11 mize the benefits of the Item Unique Identification 

12 Initiative. 

13 Subtitle C—Amendments Relating 

14 to General Contracting Authori15 ties, Procedures, and Limita16 tions 

17 SEC. 841. APPLICABILITY OF TRUTH IN NEGOTIATIONS ACT 

18 TO MAJOR SYSTEMS AND RELATED SUB19 SYSTEMS, COMPONENTS, AND SUPPORT 

20 SERVICES. 

21 (a) AUTHORITY TO REQUIRE SUBMISSION OF COST

22 OR PRICING DATA.—Subsection (c) of section 2306a of 

23 title 10, United States Code, is amended— 
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1 (1) in the subsection caption, by striking 

2 ‘‘BELOW-THRESHOLD’’ and inserting ‘‘CERTAIN’’; 

3 and 

4 (2) in paragraph (2), by inserting before the pe5 riod at the end the following: ‘‘, except in the case 

6 of either of the following: 

7 ‘‘(A) A major system or a subsystem or 

8 component thereof that is not a commercially 

9 available off-the-shelf item (as defined in sec10 tion 104 of title 41) and was not developed ex11 clusively at private expense as demonstrated in 

12 accordance with the requirements of section 

13 2321(f)(2) of this title. 

14 ‘‘(B) Services that are procured for sup15 port of a system, subsystem, or component de16 scribed in subparagraph (A).’’. 

17 (b) AUTHORITY TO REQUIRE SUBMISSION OF OTHER

18 INFORMATION.—Subsection (d)(1) of such section is 

19 amended by striking ‘‘at a minimum’’ and all that follows 

20 and inserting ‘‘at a minimum— 

21 ‘‘(A) appropriate information on the prices 

22 at which the same item or similar items have 

23 previously been sold that is adequate for evalu24 ating the reasonableness of the price for the 

25 procurement; and 
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1 ‘‘(B) in the case of a system, subsystem, 

2 component, or services described in subpara3 graph (A) or (B) of subsection (c)(2) for which 

4 price information described in subparagraph 

5 (A) of this paragraph is not adequate to evalu6 ate price reasonableness, uncertified cost data 

7 that is adequate for evaluating the reasonable8 ness of the price for the procurement.’’. 

9 (c) TECHNICAL AMENDMENT.—Subsection (c)(3) of 

10 such section is amended by striking ‘‘paragraph’’ and in11 serting ‘‘subsection’’. 

12 SEC. 842. MAXIMUM AMOUNT OF ALLOWABLE COSTS OF 

13 COMPENSATION OF CONTRACTOR EMPLOY14 EES. 

15 (a) MODIFICATION OF MAXIMUM AMOUNT.—Section 

16 2324(e)(1)(P) of title 10, United States Code, is amended 

17 by striking ‘‘the benchmark’’ and all that follows through 

18 ‘‘section 1127 of title 41’’ and inserting ‘‘the annual 

19 amount payable under the aggregate limitation on pay as 

20 established by the Office of Management and Budget (cur21 rently $230,700)’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 subsection (a) shall take effect on January 1, 2013, and 

24 shall apply with respect to costs of compensation incurred 
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1 on or after that date under contracts entered into before, 

2 on, or after that date. 

3 (c) REPORT ON ALLOWABLE COSTS OF EMPLOYEE

4 COMPENSATION.—Not later than 120 days after the date 

5 of the enactment of this Act, the Inspector General of the 

6 Department of Defense shall submit to Congress a report 

7 on the effect of the modification of allowable costs of con8 tractor compensation of employees made by subsection (a). 

9 The report shall include the following: 

10 (1) The total number of contractor employees 

11 whose allowable costs of compensation in fiscal year 

12 2012 exceeded the amount of allowable costs under 

13 the modification made by subsection (a). 

14 (2) The total number of contractor employees 

15 whose allowable costs of compensation in each of fis16 cal years 2010, 2011, and 2012 would have exceeded 

17 the amount of allowable costs under section 

18 2324(e)(1)(P) of title 10, United States Code, as 

19 amended by section 803(a) of the National Defense 

20 Authorization Act for Fiscal Year 2012 (Public Law 

21 112–81; 125 Stat. 1485). 

22 (3) The total number of contractor employees 

23 whose allowable costs of compensation in each of fis24 cal years 2010, 2011, and 2012 exceeded the 
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1 amount payable to the President under section 102 

2 of title 3, United States Code. 

3 (4) The total number of contractor employees 

4 in fiscal year 2012 that could have been character5 ized as falling within a narrowly targeted exception 

6 established by the Secretary of Defense under sec7 tion 2324(e)(1)(P) of title 10, United States Code, 

8 as a result of the amendment made by section 

9 803(a)(2) of the National Defense Authorization Act 

10 for Fiscal Year 2012. 

11 (5) An assessment whether the compensation 

12 amounts provided in fiscal year 2012 to employees 

13 who were characterized by their employers as falling 

14 within a narrowly targeted exception described in 

15 paragraph (4) were provided compensation amounts 

16 in that fiscal year in manner consistent with private 

17 sector practice. 

18 (6) The duties and services performed in fiscal 

19 year 2012 by employees who were characterized by 

20 their employers as falling within a narrowly targeted 

21 exception described in paragraph (4). 

22 (7) An assessment whether there are Federal 

23 civilian employees who perform duties and services 

24 comparable to the duties and services described pur25 suant to paragraph (6). 
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1 SEC. 843. DEPARTMENT OF DEFENSE ACCESS TO AND USE 

2 OF CONTRACTOR INTERNAL AUDIT REPORTS. 

3 (a) CLARIFICATION OF AUDIT ACCESS AUTHOR4 ITY.—Section 2313(a)(2) of title 10, United States Code, 

5 is amended— 

6 (1) in subparagraph (C), by striking ‘‘or’’ at 

7 the end; 

8 (2) in subparagraph (D), by striking the period 

9 at the end and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following new sub11 paragraph: 

12 ‘‘(E) the efficacy of contractor or subcontractor 

13 internal controls and the reliability of contractor or 

14 subcontractor business systems.’’. 

15 (b) GUIDANCE ON ACCESS.— 

16 (1) GUIDANCE REQUIRED.—Not later than 90 

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

18 Director of the Defense Contract Audit Agency shall 

19 issue revised guidance on Defense Contract Audit 

20 Agency auditor access to defense contractor internal 

21 audit reports and supporting materials. 

22 (2) PURPOSE.—The purpose of the guidance 

23 issued pursuant to paragraph (1) shall be to ensure 

24 that the Defense Contract Audit Agency has suffi25 cient access to contractor internal audit reports and 

26 supporting materials in order to— 
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1 (A) evaluate and test the efficacy of con2 tractor internal controls and the reliability of 

3 associated contractor business systems; and 

4 (B) assess the amount of risk and level of 

5 testing required in connection with specific au6 dits to be conducted by the Agency. 

7 (3) MATTERS TO BE ADDRESSED.—The guid8 ance issued pursuant to paragraph (1) shall address, 

9 at a minimum, the following: 

10 (A) The extent to which Defense Contract 

11 Audit Agency auditors should request access to 

12 defense contractor internal audit reports and 

13 supporting materials. 

14 (B) The circumstances in which follow-up 

15 actions, including subpoenas, may be required 

16 to ensure Agency access to audit reports and 

17 supporting materials. 

18 (C) The designation of Agency audit offi19 cials responsible for coordinating issues per20 taining to Agency requests for audit reports 

21 and supporting materials. 

22 (D) The purposes for which Agency audi23 tors may use audit reports and supporting ma24 terials. 
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1 (E) Any protections that may be required 

2 to ensure that audit reports and supporting ma3 terials are not misused. 

4 (F) Requirements for tracking Agency re5 quests for audit reports and supporting mate6 rials. 

7 (c) FAILURE TO PROVIDE ACCESS.—Not later than 

8 180 days after the date of the enactment of this Act, the 

9 Secretary of Defense shall revise the program required by 

10 section 893 of the Ike Skelton National Defense Author11 ization Act for Fiscal Year 2011 (Public Law 111–383; 

12 124 Stat. 4311; 10 U.S.C. 2302 note) in order to— 

13 (1) ensure that any assessment of the adequacy 

14 of contractor business systems takes into account 

15 the efficacy of contractor internal controls, including 

16 contractor internal audit reports and supporting ma17 terials, that are relevant to such assessment; and 

18 (2) provide that the refusal of a contractor to 

19 permit access to contractor internal audit reports 

20 and supporting materials that are relevant to such 

21 an assessment is a basis for disapproving the con22 tractor business system or systems to which such 

23 materials are relevant and taking the remedial ac24 tions authorized under section 893. 
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1 SEC. 844. ENHANCEMENT OF WHISTLEBLOWER PROTEC2 TIONS FOR CONTRACTOR EMPLOYEES. 

3 (a) IN GENERAL.—Subsection (a) of section 2409 of 

4 title 10, United States Code, is amended— 

5 (1) by inserting ‘‘(1)’’ before ‘‘An employee’’; 

6 (2) in paragraph (1), as so designated— 

7 (A) by inserting ‘‘or subcontractor’’ after 

8 ‘‘employee of a contractor’’; 

9 (B) by striking ‘‘a Member of Congress’’ 

10 and all that follows through ‘‘the Department 

11 of Justice’’ and inserting ‘‘a person or body de12 scribed in paragraph (2)’’; 

13 (C) by inserting ‘‘an abuse of authority re14 lating to a Department of Defense contract or 

15 grant,’’ after ‘‘Department of Defense funds,’’; 

16 and 

17 (D) by inserting ‘‘, rule, or regulation’’ 

18 after ‘‘a violation of law’’; and 

19 (3) by adding at the end the following new 

20 paragraphs: 

21 ‘‘(2) The persons and bodies described in this para22 graph are the persons and bodies as follows: 

23 ‘‘(A) A Member of Congress or a representative 

24 of a committee of Congress. 

25 ‘‘(B) An Inspector General. 

26 ‘‘(C) The Government Accountability Office. 
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1 ‘‘(D) A Department of Defense employee re2 sponsible for contract oversight or management. 

3 ‘‘(E) An authorized official of the Department 

4 of Justice or other law enforcement agency. 

5 ‘‘(F) A court or grand jury. 

6 ‘‘(G) A management official or other employee 

7 of the contractor or subcontractor who has the re8 sponsibility to investigate, discover, or address mis9 conduct. 

10 ‘‘(3) For the purposes of paragraph (1)— 

11 ‘‘(A) an employee who initiates or provides evi12 dence of contractor or subcontractor misconduct in 

13 any judicial or administrative proceeding relating to 

14 waste, fraud, or abuse on a Department of Defense 

15 contract shall be deemed to have made a disclosure 

16 covered by such paragraph; and 

17 ‘‘(B) a reprisal described in paragraph (1) is 

18 prohibited even if it is undertaken at the request of 

19 a Department of Defense official, unless the request 

20 takes the form of a non-discretionary directive and 

21 is within the authority of the Department of Defense 

22 official making the request.’’. 

23 (b) INVESTIGATION OF COMPLAINTS.—Subsection 

24 (b) of such section is amended— 
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1 (1) in paragraph (1), by inserting ‘‘fails to al2 lege a violation of the prohibition in subsection (a), 

3 or has previously been addressed in another Federal 

4 or State judicial or administrative proceeding initi5 ated by the complainant,’’ after ‘‘is frivolous,’’; 

6 (2) in paragraph (2)— 

7 (A) in subparagraph (A), by inserting ‘‘, 

8 fails to allege a violation of the prohibition in 

9 subsection (a), or has previously been addressed 

10 in another Federal or State judicial or adminis11 trative proceeding initiated by the complainant’’ 

12 after ‘‘is frivolous’’; and 

13 (B) in subparagraph (B), by inserting ‘‘, 

14 up to 180 days,’’ after ‘‘such additional period 

15 of time’’; and 

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

17 paragraphs: 

18 ‘‘(3) The Inspector General may not respond to any 

19 inquiry or disclose any information from or about any per20 son alleging the reprisal, except to the extent that such 

21 response or disclosure is— 

22 ‘‘(A) made with the consent of the person alleg23 ing the reprisal; 
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1 ‘‘(B) made in accordance with the provisions of 

2 section 552a of title 5 or as required by any other 

3 applicable Federal law; or 

4 ‘‘(C) necessary to conduct an investigation of 

5 the alleged reprisal. 

6 ‘‘(4) A complaint may not be brought under this sub7 section more than three years after the date on which the 

8 alleged reprisal took place.’’. 

9 (c) REMEDY AND ENFORCEMENT AUTHORITY.—Sub10 section (c) of such section is amended— 

11 (1) in paragraph (1)(B), by striking ‘‘the com12 pensation (including back pay)’’ and inserting ‘‘com13 pensatory damages (including back pay)’’; 

14 (2) in paragraph (2), by adding at the end fol15 lowing new sentence: ‘‘An action under this para16 graph may not be brought more than two years after 

17 the date on which remedies are deemed to have been 

18 exhausted.’’; 

19 (3) in paragraph (4), by striking ‘‘and compen20 satory and exemplary damages.’’ and inserting ‘‘, 

21 compensatory and exemplary damages, and attorney 

22 fees and costs. The person upon whose behalf an 

23 order was issued may also file such an action or join 

24 in an action filed by the head of the agency.’’; 
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1 (4) in paragraph (5), by adding at the end the 

2 following new sentence: ‘‘Filing such an appeal shall 

3 not act to stay the enforcement of the order of the 

4 head of an agency, unless a stay is specifically en5 tered by the court.’’; and 

6 (5) by adding at the end the following new 

7 paragraphs: 

8 ‘‘(6) The legal burdens of proof specified in section 

9 1221(e) of title 5 shall be controlling for the purposes of 

10 any investigation conducted by an Inspector General, deci11 sion by the head of an agency, or judicial or administrative 

12 proceeding to determine whether discrimination prohibited 

13 under this section has occurred. 

14 ‘‘(7) The rights and remedies provided for in this sec15 tion may not be waived by any agreement, policy, form, 

16 or condition of employment, including by any predispute 

17 arbitration agreement, other than an arbitration provision 

18 in a collective bargaining agreement.’’. 

19 (d) NOTIFICATION OF EMPLOYEES.—Such section is 

20 further amended— 

21 (1) by redesignating subsections (d) and (e) as 

22 subsections (e) and (f), respectively; and 

23 (2) by inserting after subsection (c) the fol24 lowing new subsection (d): 
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1 ‘‘(d) NOTIFICATION OF EMPLOYEES.—The Secretary 

2 of Defense shall ensure that contractors and subcontrac3 tors of the Department of Defense inform their employees 

4 in writing of the rights and remedies provided under this 

5 section, in the predominant native language of the work6 force.’’. 

7 (e) ABUSE OF AUTHORITY DEFINED.—Subsection (f) 

8 of such section, as redesignated by subsection (d)(1) of 

9 this section, is further amended by adding at the end the 

10 following new paragraph: 

11 ‘‘(6) The term ‘abuse of authority’ means an 

12 arbitrary and capricious exercise of authority that is 

13 inconsistent with the mission of the Department of 

14 Defense or the successful performance of a Depart15 ment of Defense contract or grant.’’. 

16 (f) ALLOWABILITY OF LEGAL FEES.—Section 

17 2324(k) of such title is amended— 

18 (1) in paragraph (1), by striking ‘‘commenced 

19 by the United States or a State’’ and inserting 

20 ‘‘commenced by the United States, by a State, or by 

21 a contractor employee submitting a complaint under 

22 section 2409 of this title’’; and 

23 (2) in paragraph (2)(C), by striking ‘‘the impo24 sition of a monetary penalty’’ and inserting ‘‘the im-
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1 position of a monetary penalty or an order to take 

2 corrective action under section 2409 of this title’’. 

3 (g) EFFECTIVE DATE.— 

4 (1) IN GENERAL.—The amendments made by 

5 this section shall take effect on the date that is 180 

6 days after the date of the enactment of this Act, and 

7 shall apply to— 

8 (A) all contracts awarded on or after such 

9 date; 

10 (B) all task orders entered on or after such 

11 date pursuant to contracts awarded before, on, 

12 or after such date; and 

13 (C) all contracts awarded before such date 

14 that are modified to include a contract clause 

15 providing for the applicability of such amend16 ments. 

17 (2) REVISION OF DOD SUPPLEMENT TO THE

18 FAR.—Not later than 180 days after the date of the 

19 enactment of this Act, the Department of Defense 

20 Supplement to the Federal Acquisition Regulation 

21 shall be revised to implement the requirements aris22 ing under the amendments made by this section. 

23 (3) INCLUSION OF CONTRACT CLAUSE IN CON24 TRACTS AWARDED BEFORE EFFECTIVE DATE.—At 

25 the time of any major modification to a contract 
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1 that was awarded before the date that is 180 days 

2 after the date of the enactment of this Act, the head 

3 of the contracting agency shall make best efforts to 

4 include in the contract a contract clause providing 

5 for the applicability of the amendments made by this 

6 section to the contract. 

7 SEC. 844A. WHISTLEBLOWER PROTECTIONS FOR NON-DE8 FENSE CONTRACTORS. 

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 ‘‘SEC. 4712. CONTRACTOR AND GRANTEE EMPLOYEES: PRO14 TECTION FROM REPRISAL FOR DISCLOSURE 

15 OF 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 

24 days, as shall be agreed upon between the In-
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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, including by any 

12 predispute arbitration agreement, other than an ar13 bitration provision in a collective bargaining agree14 ment. 

15 ‘‘(d) NOTIFICATION OF EMPLOYEES.—The head of 

16 each executive agency shall ensure that contractors, sub17 contractors, and grantees of the agency inform their em18 ployees in writing of the rights and remedies provided 

19 under this section, in the predominant native language of 

20 the workforce. 

21 ‘‘(e) CONSTRUCTION.—Nothing in this section may 

22 be construed to authorize the discharge of, demotion of, 

23 or discrimination against an employee for a disclosure 

24 other than a disclosure protected by subsection (a) or to 
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1 modify or derogate from a right or remedy otherwise avail2 able to the employee. 

3 ‘‘(f) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘abuse of authority’ means an 

5 arbitrary and capricious exercise of authority that is 

6 inconsistent with the mission of the executive agency 

7 concerned or the successful performance of a con8 tract or grant of such agency. 

9 ‘‘(2) The term ‘Inspector General’ means an In10 spector General appointed under the Inspector Gen11 eral Act of 1978 and any Inspector General that re12 ceives funding from, or has oversight over contracts 

13 or grants awarded for or on behalf of, the executive 

14 agency concerned.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of such chapter is amended 

17 by adding at the end the following new item: 

‘‘4712. Contractor and grantee employees: protection from reprisal for disclosure 

of certain information.’’. 

18 (b) ALLOWABILITY OF LEGAL FEES.—Section 4310 

19 of title 41, United States Code, is amended— 

20 (1) in subsection (b), by striking ‘‘commenced 

21 by the Federal Government or a State’’ and insert22 ing ‘‘commenced by the Federal Government, by a 

23 State, or by a contractor or grantee employee sub-
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1 mitting a complaint under section 4712 of this 

2 title’’; and 

3 (2) in subsection (c)(3), by striking ‘‘the impo4 sition of a monetary penalty’’ and inserting ‘‘the im5 position of a monetary penalty or an order to take 

6 corrective action under section 4712 of this title’’. 

7 (c) EFFECTIVE DATE.— 

8 (1) IN GENERAL.—The amendments made by 

9 this section shall take effect on the date that is 180 

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

11 shall apply to— 

12 (A) all contracts and grants awarded on or 

13 after such date; 

14 (B) all task orders entered on or after such 

15 date pursuant to contracts awarded before, on, 

16 or after such date; and 

17 (C) all contracts awarded before such date 

18 that are modified to include a contract clause 

19 providing for the applicability of such amend20 ments. 

21 (2) REVISION OF FEDERAL ACQUISITION REGU22 LATION.—Not later than 180 days after the date of 

23 the enactment of this Act, the Federal Acquisition 

24 Regulation shall be revised to implement the require-
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1 ments arising under the amendments made by this 

2 section. 

3 (3) INCLUSION OF CONTRACT CLAUSE IN CON4 TRACTS AWARDED BEFORE EFFECTIVE DATE.—At 

5 the time of any major modification to a contract 

6 that was awarded before the date that is 180 days 

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

8 of the contracting agency shall make best efforts to 

9 include in the contract a contract clause providing 

10 for the applicability of the amendments made by this 

11 section to the contract. 

12 SEC. 845. EXTENSION OF CONTRACTOR CONFLICT OF IN13 TEREST LIMITATIONS. 

14 (a) ASSESSMENT OF EXTENSION OF LIMITATIONS TO

15 CERTAIN ADDITIONAL FUNCTIONS AND CONTRACTS.— 

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

17 of this Act, the Secretary of Defense shall review the guid18 ance on personal conflicts of interest for contractor em19 ployees issued pursuant to section 841(a) of the Duncan 

20 Hunter National Defense Authorization Act for Fiscal 

21 Year 2009 (Public Law 110–417; 122 Stat. 4537) in 

22 order to determine whether it would be in the best interest 

23 of the Department of Defense and the taxpayers to extend 

24 such guidance to personal conflicts of interest by con25 tractor personnel performing any of the following: 
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1 (1) Functions other than acquisition functions 

2 that are closely associated with inherently govern3 mental functions (as that term is defined in section 

4 2383(b)(3) of title 10, United States Code). 

5 (2) Personal services contracts (as that term is 

6 defined in section 2330a(g)(5) of title 10, United 

7 States Code). 

8 (3) Contracts for staff augmentation services 

9 (as that term is defined in section 808(d)(3) of the 

10 National Defense Authorization Act for Fiscal Year 

11 2012 (Public Law 112–81; 125 Stat. 1490)). 

12 (b) EXTENSION OF LIMITATIONS.—If the Secretary 

13 determines pursuant to the review under subsection (a) 

14 that the guidance on personal conflicts of interest should 

15 be extended, the Secretary shall revise the Defense Sup16 plement to the Federal Acquisition Regulation to the ex17 tent necessary to achieve such extension. 

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

19 of the enactment of this Act, the Secretary shall submit 

20 to the Committee on Armed Services of the Senate and 

21 the Committee on Armed Services of the House of Rep22 resentatives a report setting forth the following: 

23 (1) A summary of the review conducted under 

24 subsection (a). 
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1 (2) A summary description of any revisions of 

2 regulations carried out under subsection (b). 

3 SEC. 846. REPEAL OF SUNSET FOR CERTAIN PROTESTS OF 

4 TASK AND DELIVERY ORDER CONTRACTS. 

5 Section 2304c(e) of title 10, United States Code, is 

6 amended by striking paragraph (3). 

7 SEC. 847. REPORTS ON USE OF INDEMNIFICATION AGREE8 MENTS. 

9 (a) IN GENERAL.—Not later than 90 days after the 

10 end of each of fiscal years 2013 through 2016, the Sec11 retary of Defense shall submit to the appropriate commit12 tees of Congress a report on any actions described in sub13 section (b) which occurred during the preceding fiscal 

14 years. 

15 (b) ACTIONS DESCRIBED.— 

16 (1) IN GENERAL.—An action described in this 

17 subsection is the Secretary of Defense— 

18 (A) entering into a contract that includes 

19 an indemnification provision relating to bodily 

20 injury caused by negligence or relating to 

21 wrongful death; or 

22 (B) modifying an existing contract to in23 clude a provision described in subparagraph (A) 

24 in a contract. 
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1 (2) EXCLUDED CONTRACTS.—Paragraph (1) 

2 shall not apply to any contract awarded in accord3 ance with— 

4 (A) section 2354 of title 10, United States 

5 Code; or 

6 (B) the Comprehensive Environmental Re7 sponse, Compensation, and Liability Act of 

8 1980 (42 U.S.C. 9601 et seq.). 

9 (c) MATTERS INCLUDED.—For each action covered 

10 in a report under subsection (a), the report shall include— 

11 (1) the name of the contractor; 

12 (2) a description of the indemnification provi13 sion included in the contract; and 

14 (3) a justification for the contract including the 

15 indemnification provision. 

16 (d) FORM.—Each report under subsection (a) shall 

17 be submitted in unclassified form, but may include a clas18 sified annex. 

19 (e) APPROPRIATE COMMITTEES OF CONGRESS DE20 FINED.—In this section, the term ‘‘appropriate commit21 tees of Congress’’ means— 

22 (1) the Committee on Armed Services, the 

23 Committee on the Budget, and the Committee on 

24 Appropriations of the Senate; and 
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1 (2) the Committee on Armed Services, the 

2 Committee on the Budget, and the Committee on 

3 Appropriations of the House of Representatives. 

4 SEC. 848. CONTRACTING WITH SMALL BUSINESS CON5 CERNS OWNED AND CONTROLLED BY 

6 WOMEN. 

7 (a) PROCUREMENT PROGRAM FOR WOMEN-OWNED

8 SMALL BUSINESS CONCERNS.—Section 8(m)(2) of the 

9 Small Business Act (15 U.S.C. 637(m)(2)) is amended— 

10 (1) in subparagraph (A), by striking ‘‘who are 

11 economically disadvantaged’’; 

12 (2) in subparagraph (C), by striking ‘‘para13 graph (3)’’ and inserting ‘‘paragraph (4)’’; 

14 (3) by striking subparagraph (D); and 

15 (4) by redesignating subparagraphs (E) and 

16 (F) as subparagraphs (D) and (E), respectively. 

17 (b) STUDY AND REPORT ON REPRESENTATION OF

18 WOMEN.—Section 29 of the Small Business Act (15 

19 U.S.C. 656) is amended by adding at the end the fol20 lowing: 

21 ‘‘(o) STUDY AND REPORT ON REPRESENTATION OF

22 WOMEN.— 

23 ‘‘(1) STUDY.—The Administrator shall periodi24 cally conduct a study to identify industries, as de25 fined under the North American Industry Classifica-
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1 tion System, underrepresented by small business 

2 concerns owned and controlled by women. 

3 ‘‘(2) REPORT.—Not later than 5 years after the 

4 date of enactment of this subsection, and every 5 

5 years thereafter, the Administrator shall submit to 

6 the Committee on Small Business and Entrepre7 neurship of the Senate and the Committee on Small 

8 Business of the House of Representatives a report 

9 on the results of each study under paragraph (1) 

10 conducted during the 5-year period ending on the 

11 date of the report.’’. 

12 Subtitle D—Provisions Relating to 

13 Wartime Contracting 

14 SEC. 860. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Wartime Con16 tracting Reform Act of 2012’’. 

17 SEC. 861. RESPONSIBILITY WITHIN DEPARTMENT OF DE18 FENSE FOR CONTRACT SUPPORT FOR OVER19 SEAS CONTINGENCY OPERATIONS. 

20 (a) RESPONSIBILITY.— 

21 (1) IN GENERAL.—Not later than one year 

22 after the date of the enactment of this Act, the Sec23 retary of Defense shall prescribe in regulations the 

24 chain of authority and responsibility within the De25 partment of Defense for policy, planning, and execu-
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1 tion of contract support for overseas contingency op2 erations. 

3 (2) ELEMENTS.—The regulations under para4 graph (1) shall, at a minimum— 

5 (A) specify the officials, offices, and com6 ponents of the Department within the chain of 

7 authority and responsibility described in para8 graph (1); 

9 (B) identify for each official, office, and 

10 component specified under subparagraph (A)— 

11 (i) requirements for policy, planning, 

12 and execution of contract support for over13 seas contingency operations, including, at a 

14 minimum, requirements in connection 

15 with— 

16 (I) coordination of functions, au17 thorities, and responsibilities related 

18 to operational contract support for 

19 overseas contingency operations; 

20 (II) assessments of total force 

21 data in support of Department force 

22 planning scenarios, including the ap23 propriateness of and necessity for the 

24 use of contractors for identified func25 tions; 
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1 (III) determinations of capability 

2 requirements for non-acquisition com3 munity operational contract support, 

4 and identification of resources re5 quired for planning, training, and exe6 cution to meet such requirements; 

7 (IV) determinations of policy re8 garding the use of contractors by 

9 function, and identification of the 

10 training exercises that will be required 

11 for contract support (including an as12 sessment whether or not such exer13 cises will include contractors); and 

14 (V) establishment of an inven15 tory, and identification of areas of 

16 high risk and trade offs, for use of 

17 contract support in overseas contin18 gency operations and for areas in 

19 which members of the Armed Forces 

20 will be used in such operations instead 

21 of contract support; and 

22 (ii) roles, authorities, responsibilities, 

23 and lines of supervision for the achieve24 ment of the requirements identified under 

25 clause (i), including the position within the 
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1 chain of authority and responsibility de2 scribed in paragraph (1) with responsibility 

3 for reporting directly to the Secretary re4 garding policy, planning, and execution of 

5 contract support for overseas contingency 

6 operations; and 

7 (C) ensure that the chain of authority and 

8 responsibility described in paragraph (1) is ap9 propriately aligned with, and appropriately inte10 grated into, the structure of the Department 

11 for the conduct of overseas contingency oper12 ations, including the military departments, the 

13 Joint Staff, and the commanders of the unified 

14 combatant commands. 

15 (b) SECRETARY OF DEFENSE REPORT.—Not later 

16 than one year after the date of the enactment of this Act, 

17 the Secretary shall submit to the congressional defense 

18 committees a report on the regulations prescribed under 

19 subsection (a). The report shall set forth the following: 

20 (1) The regulations. 

21 (2) A comprehensive description of the require22 ments identified under clause (i) of subsection 

23 (a)(2)(B), and a comprehensive description of the 

24 manner in which the roles, authorities, responsibil25 ities, and lines of supervision under clause (ii) of 
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1 that subsection will further the achievement of such 

2 requirements. 

3 (3) A comprehensive description of the manner 

4 in which the regulations will meet the requirements 

5 in subsection (a)(2)(C). 

6 (c) COMPTROLLER GENERAL REPORT.— 

7 (1) IN GENERAL.—Not later than 18 months 

8 after the date of the enactment of this Act, the 

9 Comptroller General of the United States shall sub10 mit to the appropriate committees of Congress a re11 port on the progress of the Department of Defense 

12 in implementing the regulations prescribed under 

13 subsection (a). The report may include such addi14 tional comments and information on the regulations 

15 and the implementation of the regulations as the 

16 Comptroller General considers appropriate. 

17 (2) APPROPRIATE COMMITTEES OF CONGRESS

18 DEFINED.—In this subsection, the term ‘‘appro19 priate committees of Congress’’ means— 

20 (A) the Committee on Armed Services, the 

21 Committee on Homeland Security and Govern22 mental Affairs, and the Committee on Appro23 priations of the Senate; and 

24 (B) the Committee on Armed Services, the 

25 Committee on Oversight and Government Re-
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1 form, and the Committee on Appropriations of 

2 the House of Representatives. 

3 SEC. 862. ANNUAL REPORTS ON CONTRACT SUPPORT FOR 

4 OVERSEAS CONTINGENCY OPERATIONS IN5 VOLVING COMBAT OPERATIONS. 

6 (a) REPORTS REQUIRED.— 

7 (1) DEPARTMENT OF DEFENSE.—Not later 

8 than one year after the commencement or designa9 tion of a contingency operation outside the United 

10 States that includes combat operations, and annually 

11 thereafter until the termination of the operation, the 

12 Secretary of Defense shall, except as provided in 

13 subsection (b), submit to the appropriate committees 

14 of Congress a report on contract support for the De15 partment of Defense for the operation. 

16 (2) DEPARTMENT OF STATE AND USAID.—Not 

17 later than one year after the commencement or des18 ignation of a contingency operation outside the 

19 United States that includes combat operations, and 

20 annually thereafter until the termination of the oper21 ation, the Secretary of State and the Administrator 

22 of the United States Agency for International Devel23 opment shall, except as provided in subsection (b), 

24 each submit to the appropriate committees of Con25 gress a report on contract support for the operation 
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1 for the Department of State or the United States 

2 Agency for International Development, as the case 

3 may be. 

4 (b) EXCEPTION.—If the total annual amount of obli5 gations for contracts for support of a contingency oper6 ation otherwise described by subsection (a) do not exceed 

7 $250,000,000 in an annual reporting period otherwise cov8 ered by that subsection, no report shall be required on the 

9 operation under that subsection for that annual reporting 

10 period. 

11 (c) ELEMENTS.— 

12 (1) IN GENERAL.—Each report of an agency 

13 under subsection (a) regarding an operation shall set 

14 forth the following: 

15 (A) A description and assessment of the 

16 policy, planning, management, and oversight of 

17 the agency with respect to contract support for 

18 the operation. 

19 (B) With respect to contracts entered into 

20 in connection with the operation: 

21 (i) The total number of contracts en22 tered into as of the date of such report. 

23 (ii) The total number of such con24 tracts that are active as of such date. 
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1 (iii) The total value of contracts en2 tered into as of such date. 

3 (iv) The total value of such contracts 

4 that are active as of such date. 

5 (v) An identification of the extent to 

6 which the contracts entered into as of such 

7 date were entered into using competitive 

8 procedures. 

9 (vi) The total number of contractor 

10 personnel working under contracts entered 

11 into as of the end of each calendar quarter 

12 during the one-year period ending on such 

13 date. 

14 (vii) The total number of contractor 

15 personnel performing security functions 

16 under contracts entered into as of the end 

17 of each calendar quarter during the one18 year period ending on such date. 

19 (viii) The total number of contractor 

20 personnel killed or wounded under any 

21 contracts entered into. 

22 (C) The sources of information and data 

23 used to prepare the portion of such report re24 quired by subparagraph (B). 
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1 (D) A description of any known limitations 

2 of the information or data reported under sub3 paragraph (B), including known limitations in 

4 methodology or data sources. 

5 (E) Any plans for strengthening collection, 

6 coordination, and sharing of information on 

7 contracts entered into in connection with the 

8 operation. 

9 (2) ESTIMATES.—In determining the total 

10 number of contractor personnel working under con11 tracts for purposes of paragraph (1)(B)(vi), the Sec12 retary or the Administrator may use estimates for 

13 any category of contractor personnel for which such 

14 Secretary or the Administrator, as the case may be, 

15 determines it is not feasible to provide an actual 

16 count. Each report under subsection (a) shall fully 

17 disclose the extent to which such an estimate is used 

18 in lieu of an actual count. 

19 (d) PROHIBITION ON PREPARATION BY CONTRACTOR

20 PERSONNEL.—A report under subsection (a) may not be 

21 prepared by contractor personnel. 

22 (e) USE OF EXISTING REPORTS FOR CERTAIN CON23 TINGENCY OPERATIONS.—The requirement to submit re24 ports under subsection (a) on a contingency operation in 

25 Iraq or Afghanistan may be met by the submittal of the 
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1 reports required by section 863 of the National Defense 

2 Authorization Act for Fiscal Year 2008 (10 U.S.C. 2302 

3 note). 

4 (f) 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 Foreign Relations, the Committee on 

9 Homeland Security and Governmental Affairs, and 

10 the Committee on Appropriations of the Senate; and 

11 (2) the Committee on Armed Services, the 

12 Committee on Foreign Affairs, the Committee on 

13 Oversight and Government Reform, and the Com14 mittee on Appropriations of the House of Represent15 atives. 

16 SEC. 863. INCLUSION OF CONTRACT SUPPORT IN CERTAIN 

17 REQUIREMENTS FOR DEPARTMENT OF DE18 FENSE PLANNING, JOINT PROFESSIONAL 

19 MILITARY EDUCATION, AND MANAGEMENT 

20 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: 

24 ‘‘(8) Measure, on an annual basis, the capa25 bility of operational contract support to support cur-
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1 rent and anticipated wartime missions of the armed 

2 forces.’’. 

3 (b) CONTINGENCY PLANNING AND PREPAREDNESS

4 FUNCTIONS OF CJCS.—Section 153(a)(3) of such title is 

5 amended by adding at the end the following new subpara6 graph: 

7 ‘‘(E) 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) JOINT PROFESSIONAL MILITARY EDUCATION.— 

18 (1) CONTINGENCY OPERATIONS AS MATTER

19 WITHIN COURSE OF JPME.—Section 2151(a) of such 

20 title is amended by adding at the end the following 

21 new paragraph: 

22 ‘‘(6) Contingency operations.’’. 

23 (2) CURRICULUM FOR THREE-PHASE AP24 PROACH.—Section 2154 of such title is amended by 

25 adding at the end the following new subsection: 
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1 ‘‘(c) CURRICULUM RELATING TO CONTINGENCY OP2 ERATIONS.—(1) The curriculum for each phase of joint 

3 professional military education implemented under this 

4 section shall include content appropriate for such phase 

5 on the following: 

6 ‘‘(A) Requirements definition. 

7 ‘‘(B) Contingency program management. 

8 ‘‘(C) Contingency contracting. 

9 ‘‘(D) The strategic impact of contracting on 

10 military missions. 

11 ‘‘(2) In this subsection, the terms ‘requirements defi12 nition’, ‘contingency program management’, and ‘contin13 gency contracting’ have the meaning given those terms in 

14 section 2333(f) of this title.’’. 

15 (d) MANAGEMENT STRUCTURE.—Section 2330(c)(2) 

16 of such title is amended by striking ‘‘other than services’’ 

17 and all that follows and inserting ‘‘including services in 

18 support of contingency operations. The term does not in19 clude services relating to research and development or 

20 military construction.’’. 
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1 SEC. 864. RISK ASSESSMENT AND MITIGATION FOR CON2 TRACTOR PERFORMANCE OF CRITICAL 

3 FUNCTIONS IN SUPPORT OF OVERSEAS CON4 TINGENCY OPERATIONS. 

5 (a) COMPREHENSIVE RISK ASSESSMENT AND MITI6 GATION PLAN REQUIRED.— 

7 (1) IN GENERAL.—Subject to paragraphs (2) 

8 and (3), not later than six months after the com9 mencement or designation of an overseas contin10 gency operation that includes or is expected to in11 clude combat operations, the head of each covered 

12 agency shall perform a comprehensive risk assess13 ment and develop a risk mitigation plan for oper14 ational and political risks associated with contractor 

15 performance of critical functions in support of the 

16 operation for such covered agency. 

17 (2) EXCEPTIONS.—Except as provided in para18 graph (3), a risk assessment and risk mitigation 

19 plan shall not be required under paragraph (1) for 

20 an overseas contingency operation if both— 

21 (A) the operation is not expected to con22 tinue for more than one year; and 

23 (B) the total annual amount of obligations 

24 by the United States Government for contracts 

25 for support of or in connection with the oper-
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1 ation is not expected to exceed, $250,000,000 

2 in any fiscal year. 

3 (3) TERMINATION OF EXCEPTIONS.—Notwith4 standing paragraph (2), the head of a covered agen5 cy shall perform a risk assessment and develop a 

6 risk mitigation plan under paragraph (1) for an 

7 overseas contingency operation with regard to which 

8 a risk assessment and risk mitigation plan has not 

9 previously been performed under paragraph (1) not 

10 later than 60 days after the first date on which ei11 ther of the following occurs: 

12 (A) The operation has continued for more 

13 than one year. 

14 (B) The total amount of obligations by the 

15 United States Government for contracts for 

16 support of or in connection with the operation 

17 has exceeded $250,000,000 in a fiscal year. 

18 (b) COMPREHENSIVE RISK ASSESSMENTS.—A com19 prehensive risk assessment for an overseas contingency op20 eration under subsection (a) shall consider, at a minimum, 

21 risks relating to the following: 

22 (1) The goals and objectives of the operation 

23 (such as risks from behavior that injures innocent 

24 members of the local population or outrages their 

25 sensibilities). 
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1 (2) The continuity of the operation (such as 

2 risks from contractors walking off the job or being 

3 unable to perform when there is no timely back-up 

4 available). 

5 (3) The safety of military and civilian personnel 

6 of the United States if the presence or performance 

7 of contractor personnel creates unsafe conditions or 

8 invites attack. 

9 (4) The managerial control of the Government 

10 over the operation (such as risks from over-reliance 

11 on contractors to monitor other contractors with in12 adequate means for Government personnel to mon13 itor their work). 

14 (5) The critical organic or core capabilities of 

15 the Government, including critical knowledge or in16 stitutional memory of key operations areas and sub17 ject-matter expertise. 

18 (6) The ability of the Government to control 

19 costs, avoid organizational or personal conflicts of 

20 interest, and minimize waste, fraud, and abuse. 

21 (c) RISK MITIGATION PLANS.—A risk mitigation 

22 plan for an overseas contingency operation under sub23 section (a) shall include, at a minimum, the following: 
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1 (1) For each high risk area identified in the 

2 comprehensive risk assessment for the operation per3 formed under subsection (a)— 

4 (A) specific actions to mitigate or reduce 

5 such risk, including, but not limited to, the de6 velopment of alternative capabilities to reduce 

7 reliance on contractor performance of critical 

8 functions; 

9 (B) measurable milestones for the imple10 mentation of planned risk mitigation or risk re11 duction measures; and 

12 (C) a process for monitoring, measuring, 

13 and documenting progress in mitigating or re14 ducing risk. 

15 (2) A continuing process for identifying and ad16 dressing new and changed risks arising in the course 

17 of the operation, including the periodic reassessment 

18 of risks and the development of appropriate risk 

19 mitigation or reduction plans for any new or 

20 changed high risk area identified. 

21 (d) REPORTS TO CONGRESS.— 

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

23 the completion of a comprehensive risk assessment 

24 and risk mitigation plan under subsection (a), the 

25 head of the covered agency concerned shall submit 
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1 to the appropriate committees of Congress a report 

2 setting forth a summary description of the assess3 ment and plan, including a description of the risks 

4 identified through the assessment and the actions to 

5 be taken to address such risks. 

6 (2) FORM.—Each report shall be submitted in 

7 unclassified form, but may include a classified 

8 annex. 

9 (e) CRITICAL FUNCTIONS.—For purposes of this sec10 tion, critical functions include, at a minimum, the fol11 lowing: 

12 (1) Private security functions, as that term is 

13 defined in section 864(a)(5) of the National Defense 

14 Authorization Act for Fiscal Year 2008 (10 U.S.C. 

15 2302 note). 

16 (2) Training and advising government per17 sonnel, including military and security personnel, of 

18 a host nation. 

19 (3) Conducting intelligence or information oper20 ations. 

21 (4) Any other functions that are closely associ22 ated with inherently governmental functions, includ23 ing the functions set forth in section 7.503(d) of the 

24 Federal Acquisition Regulation. 

25 (f) 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 ‘‘covered agency’’ means the fol14 lowing: 

15 (A) The Department of Defense. 

16 (B) The Department of State. 

17 (C) The United States Agency for Inter18 national Development. 

19 (3) The term ‘‘overseas contingency operation’’ 

20 means a military operation outside the United 

21 States and its territories and possessions that is a 

22 contingency operation (as that term is defined in 

23 section 101(a)(13) of title 10, United States Code). 
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1 SEC. 865. 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 indenting the left margins of 

23 such subsections, as so redesignated, two ems 

24 from the left margin; 

25 (D) in subsection (b), as redesignated by 

26 subparagraph (C) of this paragraph, by redesig-
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1 nating subparagraphs (A) through (H) as para2 graphs (1) through (8), respectively, and in3 denting the left margin of such paragraphs, as 

4 so redesignated, four ems from the left margin; 

5 (E) in subsection (c), as redesignated by 

6 subparagraph (C) of this paragraph— 

7 (i) by redesignating subparagraphs 

8 (A) through (C) as paragraphs (1) through 

9 (3), respectively, and indenting the left 

10 margin of such paragraphs, as so redesig11 nated, four ems from the left margin; and 

12 (ii) by striking ‘‘paragraph (2)’’ each 

13 place it appears and inserting ‘‘subsection 

14 (b)’’; 

15 (F) in subsection (f), as redesignated by 

16 subparagraph (C) of this paragraph, by striking 

17 ‘‘this paragraph’’ and inserting ‘‘this sub18 section’’; and 

19 (G) in subsection (g), as so redesignated, 

20 by striking ‘‘paragraph (2)(F)’’ and inserting 

21 ‘‘subsection (b)(6)’’. 

22 (2) HEADING AMENDMENT.—The heading of 

23 such section is amended by striking ‘‘AND COMP24 TROLLER GENERAL REVIEW’’. 
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1 SEC. 866. EXTENSION OF TEMPORARY AUTHORITY TO AC2 QUIRE PRODUCTS AND SERVICES IN COUN3 TRIES ALONG A MAJOR ROUTE OF SUPPLY 

4 TO AFGHANISTAN. 

5 (a) EXTENSION.—Subsection (f) of section 801 of the 

6 National Defense Authorization Act for Fiscal Year 2010 

7 (Public Law 111–84; 123 Stat. 2399) is amended by strik8 ing ‘‘on or after the date occurring three years after the 

9 date of the enactment of this Act’’ and inserting ‘‘after 

10 December 31, 2014’’. 

11 (b) REPEAL OF EXPIRED REPORTING REQUIRE12 MENT.—Subsection (g) of such section is repealed. 

13 (c) CLERICAL AMENDMENT.—The heading of such 

14 section is amended by striking ‘‘; REPORT’’. 

15 SEC. 867. COMPLIANCE WITH BERRY AMENDMENT RE16 QUIRED FOR UNIFORM COMPONENTS SUP17 PLIED TO AFGHANISTAN MILITARY OR AF18 GHANISTAN NATIONAL POLICE. 

19 (a) REQUIREMENT.—In the case of any textile com20 ponents supplied by the Department of Defense to the Af21 ghanistan National Army or the Afghanistan National Po22 lice for purposes of production of uniforms, section 2533a 

23 of title 10, United States Code, shall apply, and no excep24 tions or exemptions under that section shall apply. 

25 (b) EFFECTIVE DATE.—This section shall apply to 

26 solicitations issued and contracts awarded for the procure-
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1 ment of textile components described in subsection (a) 

2 after the date of the enactment of this Act. 

3 SEC. 868. SENSE OF SENATE ON THE CONTRIBUTIONS OF 

4 LATVIA AND OTHER NORTH ATLANTIC TREA5 TY ORGANIZATION MEMBER NATIONS TO THE 

6 SUCCESS OF THE NORTHERN DISTRIBUTION 

7 NETWORK. 

8 (a) FINDINGS.—The Senate makes the following 

9 findings: 

10 (1) The remote and austere environments in 

11 which United States troops are required to operate 

12 as part of the International Security Assistance 

13 Force (ISAF) mission in Afghanistan have increased 

14 the need for reliable lines of supply in southwest 

15 Asia. 

16 (2) The country of Afghanistan presents unique 

17 logistics challenges, which have precipitated the de18 velopment of several redundant lines of supply. 

19 (3) United States Transportation Command 

20 and the Defense Logistics Agency (DLA), in con21 sultation with United States Embassy officials and 

22 other parties, have successfully established memo23 randa of understanding and other agreements with 

24 nations in and around southwest Asia to ensure the 

25 reliability of lines of supply to Afghanistan. 
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1 (4) The lines of supply through Pakistan have 

2 been repeatedly threatened by instability in that 

3 country. Airlifting goods to Afghanistan, while safer, 

4 is expensive. 

5 (5) The Northern Distribution Network (NDN) 

6 was established in late 2008 to ensure that a safe 

7 and cost-effective line of supply is available for 

8 United States troops in Afghanistan. 

9 (6) The two prongs of supply provided by the 

10 Northern Distribution Network ship nonlethal goods 

11 from the Baltic ports in the north and the 

12 Caucauses in the west to southwest Asia and Af13 ghanistan. 

14 (7) The Northern Distribution Network has 

15 been successful and now handles more than 50 per16 cent of cargo shipped to Afghanistan. 

17 (8) North Atlantic Treaty Organization 

18 (NATO) member nations along the Northern Dis19 tribution Network routes have contributed signifi20 cantly to the success of the Northern Distribution 

21 Network. 

22 (9) The United States has strong economic ties 

23 to Northern Distribution Network nations that are 

24 members of the North Atlantic Treaty Organization, 

25 and these nations may be able to provide quality 
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1 goods and services for near and long-term use by the 

2 Department of Defense. 

3 (10) Since 2009 the port of Riga, on the Baltic 

4 Sea, has been a critical overland entry point for 

5 goods being shipped using the Northern Distribution 

6 Network. Latvia is a member of the North Atlantic 

7 Treaty Organization and has been an ally of the 

8 United States in the region for many years. 

9 (11) In September 2010, the Defense Logistics 

10 Agency, the General Services Administration, and 

11 other parties hosted a local procurement conference 

12 in Riga, Latvia. 

13 (12) One hundred nine Latvian vendors at14 tended the September 2010 conference in Riga, and 

15 contracts with Latvian vendors have been entered 

16 into as a result. 

17 (13) In May 2012, Latvia hosted an inter18 national workshop in Riga to examine ways of trans19 forming the Northern Distribution Network from a 

20 route for the delivery of United States and other Al21 lies’ non-lethal goods to Afghanistan into a commer22 cial route that would support the economic growth 

23 of Afghanistan and the southwest Asia region. 

24 (b) SENSE OF SENATE.—It is the sense of the Senate 

25 that— 
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1 (1) Latvia and other North Atlantic Treaty Or2 ganization member nations along the Northern Dis3 tribution Network routes are key economic and secu4 rity partners of the United States and are to be 

5 commended for their contribution to ensuring United 

6 States and International Security Assistance Force 

7 troops have reliable lines of supply to achieve the 

8 mission in Afghanistan; 

9 (2) when quality products at competitive prices 

10 are available, significant effort should be made to 

11 procure goods locally from Latvia and other North 

12 Atlantic Treaty Organization member nations along 

13 the Northern Distribution Network routes; and 

14 (3) Latvia and other North Atlantic Treaty Or15 ganization member nations along the Northern Dis16 tribution Network routes remain allies of the United 

17 States in the region, and a mutually beneficial rela18 tionship should continue to be cultivated between the 

19 United States and Latvia and such other nations in 

20 the future. 

21 SEC. 869. RESPONSIBILITIES OF INSPECTORS GENERAL 

22 FOR OVERSEAS CONTINGENCY OPERATIONS. 

23 (a) IN GENERAL.—The Inspector General Act of 

24 1978 (5 U.S.C. App.) is amended— 
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1 (1) by redesignating section 8L as section 8M; 

2 and 

3 (2) by inserting after section 8K the following 

4 new section 8L: 

5 ‘‘SEC. 8L. SPECIAL PROVISIONS CONCERNING OVERSEAS 

6 CONTINGENCY OPERATIONS. 

7 ‘‘(a) IN GENERAL.—Upon the commencement or des8 ignation of a military operation as an overseas contingency 

9 operation that exceeds 90 days, the Inspectors General 

10 specified in subsection (b) shall have the responsibilities 

11 specified in this section. 

12 ‘‘(b) INSPECTORS GENERAL.—The Inspectors Gen13 eral specified in this subsection are the Inspectors General 

14 as follows: 

15 ‘‘(1) The Inspector General of the Department 

16 of Defense. 

17 ‘‘(2) The Inspector General of the Department 

18 of State. 

19 ‘‘(3) The Inspector General of the United 

20 States Agency for International Development. 

21 ‘‘(c) STANDING COMMITTEE ON OVERSEAS CONTIN22 GENCY OPERATIONS.—(1) The Council of Inspectors Gen23 eral on Integrity and Efficiency (CIGIE) shall establish 

24 a standing committee on overseas contingency operations. 

25 The standing committee shall consist of the following: 
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1 ‘‘(A) A chair, who shall be the Lead Inspector 

2 General for an overseas contingency operation under 

3 subsection (d) if such an operation is underway, and 

4 shall be an Inspector General specified in subsection 

5 (b) selected by the Inspectors General specified in 

6 that subsection from among themselves if such an 

7 operation is not underway. 

8 ‘‘(B) The other Inspectors General specified in 

9 subsection (b). 

10 ‘‘(C) For the duration of any contingency oper11 ation that exceeds 90 days, any other inspectors 

12 general determined by the chair, in coordination 

13 with the other Inspectors General specified in sub14 section (b), to have actual or potential areas of re15 sponsibility with respect to the contingency oper16 ation. 

17 ‘‘(2) The standing committee shall have such on18 going responsibilities, including planning, coordination, 

19 and development of practices, to improve oversight of over20 seas contingency operations as the chair considers appro21 priate. 

22 ‘‘(3)(A) For the duration of any contingency oper23 ation that exceeds 90 days, the standing committee shall 

24 develop and update on an annual basis a joint-strategic 

25 plan for ongoing and planned oversight of the contingency 
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1 operation by the Inspectors General specified in subsection 

2 (b) and designated pursuant to paragraph (1)(C), includ3 ing the following: 

4 ‘‘(i) Audit and available inspection plans. 

5 ‘‘(ii) An overall assessment of such oversight, 

6 including projects or areas (whether departmental or 

7 government-wide) of concern or in need of further 

8 review. 

9 ‘‘(iii) Such other matters as the Lead Inspector 

10 General for the contingency operation considers ap11 propriate. 

12 ‘‘(B) Each plan under this paragraph, and any up13 date of such plan, shall be made available on an Internet 

14 website available to the public. Each plan, and any update 

15 of such plan, made so available shall be made available 

16 in unclassified form. 

17 ‘‘(d) LEAD INSPECTOR GENERAL FOR OVERSEAS

18 CONTINGENCY OPERATIONS.—(1) There shall be a lead 

19 inspector general for each overseas contingency operation 

20 that exceeds 90 days (in this section referred to as the 

21 ‘Lead Inspector General’ for the contingency operation 

22 concerned). 

23 ‘‘(2) The Lead Inspector General for a contingency 

24 operation shall be the Inspector General of the Depart25 ment of Defense, who shall assume such role not later 
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1 than 90 days after the commencement or designation of 

2 the military operation concerned as a contingency oper3 ation. 

4 ‘‘(e) RESPONSIBILITIES OF LEAD INSPECTOR GEN5 ERAL.—(1) The Lead Inspector General for an overseas 

6 contingency operation shall have the following responsibil7 ities: 

8 ‘‘(A) To conduct oversight, in full coordination 

9 with the other Inspectors General specified in sub10 section (b), over all aspects of the contingency oper11 ation and to ensure, either through joint or indi12 vidual audits, inspections, and investigations, inde13 pendent and effective oversight of all programs and 

14 operations of all departments and agencies in the 

15 contingency operation. 

16 ‘‘(B) To appoint, from among the offices of the 

17 other Inspectors General specified in subsection (b), 

18 an Inspector General to act as Associate Inspector 

19 General for the overseas contingency operation who 

20 shall act in a coordinating role to assist the Lead In21 spector General in the discharge of responsibilities 

22 under this subsection. 

23 ‘‘(C)(i) If none of the Inspectors General speci24 fied in subsection (b) has principal jurisdiction over 

25 a matter with respect to the contingency operation, 
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1 to exercise responsibility for discharging oversight 

2 responsibilities in accordance with this Act with re3 spect to such matter. 

4 ‘‘(ii) If more than one of the Inspectors General 

5 specified in subsection (b) has jurisdiction over a 

6 matter with respect to the contingency operation, to 

7 determine principal jurisdiction for discharging over8 sight responsibilities in accordance with this Act 

9 with respect to such matter. 

10 ‘‘(D) To carry out such other responsibilities 

11 relating to the coordination and efficient and effec12 tive discharge by the Inspectors General specified in 

13 subsection (b) of duties relating to the contingency 

14 operation as the Lead Inspector General shall speci15 fy. 

16 ‘‘(2) The Lead Inspector General for an overseas con17 tingency operation shall discharge the responsibilities for 

18 the contingency operation under this subsection in a man19 ner consistent with the authorities and requirements of 

20 this Act generally and the authorities and requirements 

21 applicable to the Inspectors General specified in subsection 

22 (b) under this Act. 

23 ‘‘(f) REPORTS.—(1) The Lead Inspector General for 

24 an overseas contingency operation shall, in coordination 

25 with the other Inspectors General specified in subsection 
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1 (b), submit to the appropriate committees of Congress on 

2 a semi-annual basis, and make available on an Internet 

3 website available to the public, a report summarizing, for 

4 the semi-annual period, the activities of the Lead Inspec5 tor General and the other Inspectors General specified in 

6 subsection (b) with respect to the contingency operation, 

7 including— 

8 ‘‘(A) the status and results of audits, inspec9 tions, and closed investigations, and of the number 

10 of referrals to the Department of Justice; 

11 ‘‘(B) updates and changes to overall plans for 

12 the review of the contingency operation by inspectors 

13 general, including plans for inspections and audits; 

14 and 

15 ‘‘(C) the activities under programs and oper16 ations funded with amounts appropriated or other17 wise made available for the overseas contingency op18 eration, including the information specified in para19 graph (2). 

20 ‘‘(2) The information specified in this paragraph with 

21 respect to an overseas contingency operation is as follows: 

22 ‘‘(A) Obligations and expenditures of appro23 priated funds. 

24 ‘‘(B) A project-by-project and program-by-pro25 gram accounting of the costs incurred to date for 
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1 the contingency operation, together with the esti2 mate of the Department of Defense, the Department 

3 of State, and the United States Agency for Inter4 national Development, as applicable, of the costs to 

5 complete each project and program above the sim6 plified acquisition threshold. 

7 ‘‘(C) Revenues attributable to or consisting of 

8 funds provided by foreign nations or international 

9 organizations to programs and projects for the con10 tingency operation that are funded by any depart11 ment or agency of the United States Government, 

12 and any obligations or expenditures of such reve13 nues. 

14 ‘‘(D) Revenues attributable to or consisting of 

15 foreign assets seized or frozen that contribute to 

16 programs and projects for the contingency operation 

17 that are funded by any department or agency of the 

18 United States Government, and any obligations or 

19 expenditures of such revenues. 

20 ‘‘(E) Operating expenses of agencies or entities 

21 receiving amounts appropriated or otherwise made 

22 available for the contingency operation. 

23 ‘‘(F) In the case of any contract, grant, agree24 ment, or other funding mechanism described in 
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1 paragraph (3) with respect to the contingency oper2 ation— 

3 ‘‘(i) the amount of the contract, grant, 

4 agreement, or other funding mechanism; 

5 ‘‘(ii) a brief discussion of the scope of the 

6 contract, grant, agreement, or other funding 

7 mechanism; 

8 ‘‘(iii) a discussion of how the department 

9 or agency of the United States Government in10 volved in the contract, grant, agreement, or 

11 other funding mechanism identified, and solic12 ited offers from, potential individuals or entities 

13 to perform the contract, grant, agreement, or 

14 other funding mechanism, together with a list 

15 of the potential individuals or entities that were 

16 issued solicitations for the offers; and 

17 ‘‘(iv) the justification and approval docu18 ments on which was based the determination to 

19 use procedures other than procedures that pro20 vide for full and open competition. 

21 ‘‘(3) A contract, grant, agreement, or other funding 

22 mechanism described in this paragraph is any major con23 tract, grant, agreement, or other funding mechanism that 

24 is entered into by any department or agency of the United 

25 States Government that involves the use of amounts ap-
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1 propriated or otherwise made available for reconstruction 

2 and other related activities in the contingency operation 

3 concerned with any public or private sector entity, includ4 ing any of the following purposes: 

5 ‘‘(A) To build or rebuild physical infrastructure. 

6 ‘‘(B) To establish or reestablish a political or 

7 societal function or institution. 

8 ‘‘(C) To provide products or services. 

9 ‘‘(4) Each report under this subsection shall be sub10 mitted in unclassified form, but may include a classified 

11 annex. 

12 ‘‘(g) TEMPORARY EMPLOYMENT AUTHORITY.—(1) 

13 Each Inspector General specified in subsection (b) may 

14 employ, on a temporary basis using the authorities in sec15 tion 3161 of title 5, United States Code (but without re16 gard to subsections (a) and (b)(2) of such section), such 

17 auditors, inspectors, investigators, and other personnel as 

18 such Inspector General considers appropriate for purposes 

19 of assisting such Inspector General in discharging respon20 sibilities under subsection (e) with respect to an overseas 

21 contingency operation. 

22 ‘‘(2) The employment under this subsection of an an23 nuitant described in section 9902(g) of title 5, United 

24 States Code, shall be governed by the provisions of such 
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1 section as if the position to which employed was a position 

2 in the Department of Defense. 

3 ‘‘(3) The employment under this subsection of an an4 nuitant receiving an annuity under the Foreign Service 

5 Retirement and Disability System under chapter 8 of the 

6 Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) shall 

7 be treated as employment in an elective position in the 

8 Government on a temporary basis under section 824(b) 

9 of the Foreign Service Act of 1980 (22 U.S.C. 4064(b)) 

10 for which continued receipt of annuities may be elected 

11 as provided in such section. 

12 ‘‘(4) The authority to employ personnel under this 

13 subsection for a contingency operation shall cease as pro14 vided for in subsection (h). 

15 ‘‘(h) SUNSET FOR PARTICULAR CONTINGENCY OPER16 ATIONS.—The requirements and authorities of this section 

17 with respect to an overseas contingency operation shall 

18 cease at the earlier of— 

19 ‘‘(1) the end of the first fiscal year after the 

20 commencement or designation of the contingency op21 eration in which the total amount appropriated for 

22 the contingency operation is less than $250,000,000 

23 (in constant fiscal year 2012 dollars); or 
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1 ‘‘(2) the date that is 18 months after the date 

2 of the issuance by the Secretary of Defense of an 

3 order terminating the contingency operation. 

4 ‘‘(i) CONSTRUCTION OF AUTHORITY.—Nothing in 

5 this Act shall be construed to limit the ability of the In6 spectors General specified in subsection (b) to enter into 

7 agreements to conduct joint audits, inspections, or inves8 tigations in the exercise of their oversight responsibilities 

9 in accordance with this Act with respect to overseas con10 tingency operations. 

11 ‘‘(j) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘overseas contingency operation’ 

13 means a military operation outside the United 

14 States and its territories and possessions that is a 

15 contingency operation (as that term is defined in 

16 section 101(a)(13) of title 10, United States Code). 

17 ‘‘(2) The term ‘simplified acquisition threshold’ 

18 has the meaning provided that term in section 

19 2302(7) of title 10, United States Code.’’. 

20 (b) CONFORMING AMENDMENT RELATING TO TEM21 PORARY EMPLOYMENT AUTHORITY.—Section 3161 of 

22 title 5, United States Code, is amended by adding at the 

23 end the following new subsection: 

24 ‘‘(j) LEAD INSPECTORS GENERAL FOR OVERSEAS

25 CONTINGENCY OPERATIONS AS TEMPORARY ORGANIZA-
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1 TION.—In addition to the meaning given that term in sub2 section (a), the term ‘temporary organization’ for purposes 

3 of this subchapter shall, without regard to subsections (a) 

4 and (b)(2) of this section, also include the Lead Inspector 

5 General for an overseas contingency operation under sec6 tion 8L of the Inspector General Act of 1978 and the In7 spectors General and inspector general office personnel as8 sisting the Lead Inspector General in the discharge of re9 sponsibilities and authorities under subsection (e) of such 

10 section 8L with respect to the contingency operation.’’. 

11 SEC. 870. AGENCY REPORTS AND INSPECTOR GENERAL AU12 DITS OF CERTAIN INFORMATION ON OVER13 SEAS CONTINGENCY OPERATIONS. 

14 (a) AGENCY REPORTS.—Not later than 180 days 

15 after the commencement or designation of a military oper16 ation as an overseas contingency operation and semi-annu17 ally thereafter during the duration of the contingency op18 eration, the Secretary of Defense, the Secretary of State, 

19 and the Administrator of the United States Agency for 

20 International Development shall each make available to 

21 the Inspector General of the department or agency con22 cerned the information required by subsection (f)(2) of 

23 section 8L of the Inspector General Act of 1978 (as 

24 amended by section 869 of this Act) on the contingency 

25 operation. 
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1 (b) INSPECTOR GENERAL AUDITS.—Not later than 

2 90 days after receipt of a report under subsection (a), each 

3 Inspector General referred to in that subsection shall— 

4 (1) perform an audit on the quality of the infor5 mation submitted in such report, including an as6 sessment of the completeness and accuracy of the in7 formation and the extent to which the information 

8 fully satisfies the requirements of such Inspector 

9 General in preparing the semi-annual report de10 scribed in subsection (f)(1)(C) of section 8L of the 

11 Inspector General Act of 1978 (as so amended); and 

12 (2) submit to the appropriate committees of 

13 Congress a report on the reliability, accuracy, and 

14 completeness of the information, including any sig15 nificant problems in such information. 

16 (c) DEFINITIONS.—In this section: 

17 (1) The term ‘‘appropriate committees of Con18 gress’’ means— 

19 (A) the Committee on Armed Services, the 

20 Committee on Foreign Relations, the Com21 mittee on Homeland Security and Govern22 mental Affairs, and the Committee on Appro23 priations of the Senate; and 

24 (B) the Committee on Armed Services, the 

25 Committee on Foreign Affairs, the Committee 
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1 on Oversight and Government Reform, and the 

2 Committee on Appropriations of the House of 

3 Representatives. 

4 (2) The term ‘‘overseas contingency operation’’ 

5 means a military operation outside the United 

6 States and its territories and possessions that is a 

7 contingency operation (as that term is defined in 

8 section 101(a)(13) of title 10, United States Code). 

9 SEC. 871. OVERSIGHT OF CONTRACTS AND CONTRACTING 

10 ACTIVITIES FOR OVERSEAS CONTINGENCY 

11 OPERATIONS IN RESPONSIBILITIES OF CHIEF 

12 ACQUISITION OFFICERS OF FEDERAL AGEN13 CIES. 

14 (a) IN GENERAL.—Subsection (b)(3) of section 1702 

15 of title 41, United States Code, is amended— 

16 (1) by redesignating subparagraphs (F) and 

17 (G) as subparagraphs (G) and (H), respectively; and 

18 (2) by inserting after subparagraph (E) the fol19 lowing new subparagraph (F): 

20 ‘‘(F) advising the executive agency on the appli21 cability of relevant policy on the contracts of the 

22 agency for overseas contingency operations and en23 suring the compliance of the contracts and con24 tracting activities of the agency with such policy;’’. 
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1 (b) DEFINITION.—Such section is further amended 

2 by adding at the following new subsection: 

3 ‘‘(d) OVERSEAS CONTINGENCY OPERATIONS DE4 FINED.—In this section, the term ‘overseas contingency 

5 operations’ means military operations outside the United 

6 States and its territories and possessions that are a con7 tingency operation (as that term is defined in section 

8 101(a)(13) of title 10).’’. 

9 SEC. 872. REPORTS ON RESPONSIBILITY WITHIN DEPART10 MENT OF STATE AND THE UNITED STATES 

11 AGENCY FOR INTERNATIONAL DEVELOP12 MENT FOR CONTRACT SUPPORT FOR OVER13 SEAS CONTINGENCY OPERATIONS. 

14 (a) DOS AND USAID REPORTS REQUIRED.—Not 

15 later than six months after the date of the enactment of 

16 this Act, the Secretary of State and the Administrator of 

17 the United States Agency for International Development 

18 shall, in consultation with the Chief Acquisition Officer 

19 of the Department of State and the Chief Acquisition Offi20 cer of the United States Agency for International Develop21 ment, respectively, each submit to the appropriate commit22 tees of Congress an assessment of Department of State 

23 and United States Agency for International Development 

24 policies governing contract support in overseas contin25 gency operations. 
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1 (b) ELEMENTS.—Each report under subsection (a) 

2 shall include the following: 

3 (1) A description and assessment of the roles 

4 and responsibilities of the officials, offices, and com5 ponents of the Department of State or the United 

6 States Agency for International Development, as ap7 plicable, within the chain of authority and responsi8 bility for policy, planning, and execution of contract 

9 support for overseas contingency operations. 

10 (2) Procedures and processes of the Depart11 ment or Agency, as applicable, on the following in 

12 connection with contract support for overseas contin13 gency operations: 

14 (A) Collection, inventory, and reporting of 

15 data. 

16 (B) Acquisition planning. 

17 (C) Solicitation and award of contracts. 

18 (D) Requirements development and man19 agement. 

20 (E) Contract tracking and oversight. 

21 (F) Performance evaluations. 

22 (G) Risk management. 

23 (H) Interagency coordination and transi24 tion planning. 
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1 (3) Strategies and improvements necessary for 

2 the Department or the Agency, as applicable, to ad3 dress reliance on contractors, workforce planning, 

4 and the recruitment and training of acquisition 

5 workforce personnel, including the anticipated num6 ber of personnel needed to perform acquisition man7 agement and oversight functions and plans for 

8 achieving personnel staffing goals, in connection 

9 with overseas contingency operations. 

10 (c) COMPTROLLER GENERAL REPORT.—Not later 

11 than one year after the date of the enactment of this Act, 

12 the Comptroller General of the United States shall submit 

13 to the appropriate committees of Congress a report on the 

14 progress of the efforts of the Department of State and 

15 the United States Agency for International Development 

16 in implementing improvements and changes identified 

17 under paragraphs (1) through (3) of subsection (b) in the 

18 reports required by subsection (a), together with such ad19 ditional information as the Comptroller General considers 

20 appropriate to further inform such committees on issues 

21 relating to the reports required by subsection (a). 

22 (d) APPROPRIATE COMMITTEES OF CONGRESS DE23 FINED.—In this section, the term ‘‘appropriate commit24 tees of Congress’’ means— 
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1 (1) the Committee on Foreign Relations, the 

2 Committee on Armed Services, the Committee on 

3 Homeland Security and Governmental Affairs, and 

4 the Committee on Appropriations of the Senate; and 

5 (2) the Committee on Foreign Affairs, the 

6 Committee on Armed Services, the Committee on 

7 Oversight and Government Reform, and the Com8 mittee on Appropriations of the House of Represent9 atives. 

10 SEC. 873. PROFESSIONAL EDUCATION FOR DEPARTMENT 

11 OF STATE PERSONNEL ON ACQUISITION FOR 

12 DEPARTMENT OF STATE SUPPORT AND PAR13 TICIPATION IN OVERSEAS CONTINGENCY OP14 ERATIONS. 

15 (a) PROFESSIONAL EDUCATION REQUIRED.—The 

16 Secretary of State shall develop and administer for De17 partment of State personnel specified in subsection (b) a 

18 course of professional education on acquisition by the De19 partment of State for Department of State support for, 

20 and participation in, overseas contingency operations. 

21 (b) COVERED DEPARTMENT OF STATE PER22 SONNEL.—The Department of State personnel specified in 

23 this subsection are as follows: 

24 (1) The Chief Acquisition Officer of the Depart25 ment of State. 
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1 (2) Personnel of the Department designated by 

2 the Chief Acquisition Officer, including contracting 

3 officers and other contracting personnel. 

4 (3) Such other personnel of the Department as 

5 the Secretary of State shall designate for purposes 

6 of this section. 

7 (c) ELEMENTS.— 

8 (1) CURRICULUM CONTENT.—The course of 

9 professional education under this section shall in10 clude appropriate content on the following: 

11 (A) Contingency contracting. 

12 (B) Contingency program management. 

13 (C) The strategic impact of contracting 

14 costs on the mission and activities of the De15 partment of State. 

16 (D) Such other matters relating to acquisi17 tion by the Department for Department support 

18 for, or participation in, overseas contingency 

19 operations as the Secretary of State considers 

20 appropriate. 

21 (2) PHASED APPROACH.—The course of profes22 sional education may be broken into two or more 

23 phases of professional education with curriculum or 

24 modules of education suitable for the Department of 

25 State personnel specified in subsection (b) at dif-
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1 ferent phases of professional advancement within the 

2 Department. 

3 (d) DEFINITIONS.—In this section: 

4 (1) The term ‘‘contingency contracting’’ means 

5 all stages of the process of acquiring property or 

6 services by the Department of State for Department 

7 of State support for, and participation in, overseas 

8 contingency operations. 

9 (2) The term ‘‘contingency program manage10 ment’’ means the process of planning, organizing, 

11 staffing, controlling, and leading specific acquisition 

12 programs and activities of the Department of State 

13 for Department of State support for, and participa14 tion in, overseas contingency operations. 

15 (3) The term ‘‘overseas contingency operation’’ 

16 means a military operation outside the United 

17 States and its territories and possessions that is a 

18 contingency operation (as that term is defined in 

19 section 101(a)(13) of title 10, United States Code). 

20 SEC. 874. DATABASE ON PRICE TRENDS OF ITEMS AND 

21 SERVICES UNDER FEDERAL CONTRACTS. 

22 (a) DATABASE REQUIRED.— 

23 (1) IN GENERAL.—Chapter 33 of title 41, 

24 United States Code, is amended by adding at the 

25 end the following new section: 
420 

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1 ‘‘§ 3312. Database on price trends of items and serv2 ices under Federal contracts 

3 ‘‘(a) DATABASE REQUIRED.—The Administrator 

4 shall establish and maintain a database of information on 

5 price trends for items and services under contracts with 

6 the Federal Government. The information in the database 

7 shall be designed to assist Federal acquisition officials in 

8 the following: 

9 ‘‘(1) Monitoring developments in price trends 

10 for items and services under contracts with the Fed11 eral Government. 

12 ‘‘(2) Conducting pricing or cost analyses for 

13 items and services under offers for contracts with 

14 the Federal Government, or otherwise conducting 

15 determinations of the reasonableness of prices for 

16 items and services under such offers, and addressing 

17 unjustified escalation in prices being paid by the 

18 Federal Government for items and services under 

19 contracts with the Federal Government. 

20 ‘‘(b) USE.—(1) The database under subsection (a) 

21 shall be available to executive agencies in the evaluation 

22 of offers for contracts with the Federal Government for 

23 items and services. 

24 ‘‘(2) The Secretary of Defense may satisfy the re25 quirements of this section by complying with the require26 ments of section 892 of the Ike Skelton National Defense 
421 

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1 Authorization Act for Fiscal Year 2011 (10 U.S.C. 2306a 

2 note).’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 33 of such title is 

5 amended by adding at the end the following new 

6 item: 

‘‘3312. Database on price trends of items and services under Federal contracts.’’. 

7 (b) USE OF ELEMENTS OF DEPARTMENT OF DE8 FENSE PILOT PROJECT.—In establishing the database re9 quired by section 3312 of title 41, United States Code (as 

10 added by subsection (a)), the Administrator of Federal 

11 Procurement Policy shall use and incorporate appropriate 

12 elements of the pilot project on pricing of the Department 

13 of Defense being carried out by the Director of Defense 

14 Pricing. 

15 SEC. 875. INFORMATION ON CORPORATE CONTRACTOR 

16 PERFORMANCE AND INTEGRITY THROUGH 

17 THE FEDERAL AWARDEE PERFORMANCE AND 

18 INTEGRITY INFORMATION SYSTEM. 

19 (a) INCLUSION OF CORPORATIONS AMONG COVERED

20 PERSONS.—Subsection (b) of section 872 of the Duncan 

21 Hunter National Defense Authorization Act for Fiscal 

22 Year 2009 (Public Law 110–417; 122 Stat. 4555) is 

23 amended by inserting ‘‘(including a corporation)’’ after 

24 ‘‘Any person’’ both places it appears. 
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1 (b) INFORMATION ON CORPORATIONS.—Subsection 

2 (d) of such section is amended by adding at the end the 

3 following new paragraph: 

4 ‘‘(3) INFORMATION ON CORPORATIONS.—The 

5 information on a corporation in the database shall, 

6 to the extent practicable, include information on any 

7 parent, subsidiary, or successor entities to the cor8 poration in manner designed to give the acquisition 

9 officials using the database a comprehensive under10 standing of the performance and integrity of the cor11 poration in carrying out Federal contracts and 

12 grants.’’. 

13 SEC. 876. INCLUSION OF DATA ON CONTRACTOR PERFORM14 ANCE IN PAST PERFORMANCE DATABASES 

15 FOR EXECUTIVE AGENCY SOURCE SELEC16 TION DECISIONS. 

17 (a) STRATEGY REQUIRED.— 

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

19 after the date of the enactment of this Act, the Fed20 eral Acquisition Regulatory Council shall develop a 

21 strategy for ensuring that timely, accurate, and com22 plete information on contractor performance is in23 cluded in past performance databases used by execu24 tive agencies for making source selection decisions. 
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1 (2) CONSULTATION WITH USDATL.—In devel2 oping the strategy required by this subsection, the 

3 Federal Acquisition Regulatory Council shall consult 

4 with the Under Secretary of Defense for Acquisition, 

5 Technology, and Logistics to ensure that the strat6 egy is, to the extent practicable, consistent with the 

7 strategy developed by the Under Secretary pursuant 

8 to section 806 of the National Defense Authorization 

9 Act for Fiscal Year 2012 (Public Law 112–81; 125 

10 Stat. 1487; 10 U.S.C. 2302 note). 

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

12 (a) shall, at a minimum— 

13 (1) establish standards for the timeliness and 

14 completeness of past performance submissions for 

15 purposes of databases described in subsection (a); 

16 (2) assign responsibility and management ac17 countability for the completeness of past perform18 ance submissions for such purposes; and 

19 (3) ensure that past performance submissions 

20 for such purposes are consistent with award fee eval21 uations in cases where such evaluations have been 

22 conducted. 

23 (c) CONTRACTOR COMMENTS.—Not later than 180 

24 days after the date of the enactment of this Act, the Fed-
424 

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1 eral Acquisition Regulation shall be revised to require the 

2 following: 

3 (1) That affected contractors are provided, in a 

4 timely manner, information on contractor perform5 ance to be included in past performance databases 

6 in accordance with subsection (a). 

7 (2) That such contractors are afforded up to 14 

8 calendar days, from the date of delivery of the infor9 mation provided in accordance with paragraph (1), 

10 to submit comments, rebuttals, or additional infor11 mation pertaining to past performance for inclusion 

12 in such databases. 

13 (3) That agency evaluations of contractor past 

14 performance, including any information submitted 

15 under paragraph (2), are included in the relevant 

16 past performance database not later than the date 

17 that is 14 days after the date of delivery of the in18 formation provided in accordance with paragraph 

19 (1). 

20 (d) CONSTRUCTION.—Nothing in this section shall be 

21 construed to prohibit a contractor from submitting com22 ments, rebuttals, or additional information pertaining to 

23 past performance after the period described in subsection 

24 (c)(2) has elapsed or to prohibit a contractor from chal-
425 

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1 lenging a past performance evaluation in accordance with 

2 applicable laws, regulations, or procedures. 

3 (e) COMPTROLLER GENERAL REPORT.—Not later 

4 than 18 months after the date of the enactment of this 

5 Act, the Comptroller General of the United States shall 

6 submit to the appropriate committees of Congress a report 

7 on the actions taken by the Federal Acquisition Regu8 latory Council pursuant to this section, including an as9 sessment of the following: 

10 (1) The extent to which the strategy required 

11 by subsection (a) is consistent with the strategy de12 veloped by the Under Secretary of Defense for Ac13 quisition, Technology, and Logistics as described in 

14 subsection (a)(2). 

15 (2) The extent to which the actions of the Fed16 eral Acquisition Regulatory Council pursuant to this 

17 section have otherwise achieved the objectives of this 

18 section. 

19 (f) DEFINITIONS.—In this section: 

20 (1) The term ‘‘appropriate committees of Con21 gress’’ means— 

22 (A) the Committee on Armed Services, the 

23 Committee on Foreign Relations, the Com24 mittee on Homeland Security and Govern-
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1 mental Affairs, and the Committee on Appro2 priations of the Senate; and 

3 (B) the Committee on Armed Services, the 

4 Committee on Foreign Affairs, the Committee 

5 on Oversight and Government Reform, and the 

6 Committee on Appropriations of the House of 

7 Representatives. 

8 (2) The term ‘‘executive agency’’ has the mean9 ing given that term in section 133 of title 41, United 

10 States Code, except that the term excludes the De11 partment of Defense and the military departments. 

12 (3) The term ‘‘Federal Acquisition Regulatory 

13 Council’’ means the Federal Acquisition Regulatory 

14 Council under section 1302(a) of title 41, United 

15 States Code. 

16 SEC. 877. PUBLIC AVAILABILITY OF DATABASE OF SENIOR 

17 DEPARTMENT OF DEFENSE OFFICIALS SEEK18 ING EMPLOYMENT WITH DEFENSE CONTRAC19 TORS. 

20 Section 847(b) of the National Defense Authorization 

21 Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

22 1701 note) is amended by adding at the end the following 

23 new paragraph: 

24 ‘‘(3) PUBLIC AVAILABILITY OF INFORMATION.— 

25 The Secretary of Defense shall make available online 
427 

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1 to the public any information contained in the data2 base or repository required under paragraph (1) that 

3 is not confidential, personal, or proprietary in na4 ture.’’. 

5 Subtitle E—Other Matters 

6 SEC. 881. REQUIREMENTS AND LIMITATIONS FOR SUSPEN7 SION AND DEBARMENT OFFICIALS OF THE 

8 DEPARTMENT OF DEFENSE, THE DEPART9 MENT OF STATE, AND THE UNITED STATES 

10 AGENCY FOR INTERNATIONAL DEVELOP11 MENT. 

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

13 date of the enactment of this Act, the head of the covered 

14 agency concerned shall ensure the following: 

15 (1) There shall be not less than one suspension 

16 and debarment official— 

17 (A) in the case of the Department of De18 fense, for each of the Department of the Army, 

19 the Department of the Navy, the Department of 

20 the Air Force, and the Defense Logistics Agen21 cy; 

22 (B) for the Department of State; and 

23 (C) for the United States Agency for Inter24 national Development. 
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1 (2) A suspension and debarment official under 

2 paragraph (1) may not report to or be subject to the 

3 supervision of the acquisition office or the Inspector 

4 General of— 

5 (A) in the case of the Department of De6 fense, either the Department of Defense or the 

7 military department or Defense Agency con8 cerned; and 

9 (B) in the case of any other covered agen10 cy, the acquisition office or the Inspector Gen11 eral of such agency. 

12 (3)(A) Except as provided in subparagraph (B), 

13 the duties of a suspension and debarment official 

14 under paragraph (1) may include only the following: 

15 (i) The direction, management, and over16 sight of suspension and debarment activities. 

17 (ii) The direction, management, and over18 sight of fraud remedies activities. 

19 (iii) Membership and participation in the 

20 Interagency Committee on Debarment and Sus21 pension in accordance with Executive Order No. 

22 12549 and section 873 of the Duncan Hunter 

23 National Defense Authorization Act for Fiscal 

24 Year 2009 (as amended by this section). 
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1 (B) The limitation in subparagraph (A) shall 

2 not be construed to prohibit a suspension and debar3 ment official under paragraph (1) from providing 

4 authorized legal advice to the extent that the provi5 sion of such advice does not present a conflict of in6 terest with the exercise of the duties of the suspen7 sion and debarment official under subparagraph (A). 

8 (4) 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 (5) Each suspension and debarment official 

13 under paragraph (1) shall document the basis for 

14 any decision taken pursuant to a referral in accord15 ance with the policies established under paragraph 

16 (7), including, but not limited to, the following: 

17 (A) Any decision to suspend or debar any 

18 person or entity. 

19 (B) Any decision not to suspend or debar 

20 any person or entity. 

21 (C) Any decision declining to pursue sus22 pension or debarment of any person or entity. 

23 (D) Any administrative agreement entered 

24 with any person or persons in lieu of suspension 

25 or debarment of such person or entity. 
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1 (6) Any decision under subparagraphs (B) 

2 through (D) of paragraph (5) shall not preclude a 

3 subsequent decision by a suspension and debarment 

4 official under paragraph (1) to suspend, debar, or 

5 enter into any administrative agreement with any 

6 person or entity based on additional information or 

7 changed circumstances. All cases, whether based on 

8 referral or internally developed, shall be documented 

9 prior to closure by the suspension and debarment of10 ficial. 

11 (7) Each suspension and debarment official 

12 under paragraph (1) shall, in consultation with the 

13 General Counsel of the covered agency concerned, 

14 establish in writing policies for the consideration of 

15 the following: 

16 (A) Referrals of suspension and debarment 

17 matters. 

18 (B) Suspension and debarment matters 

19 that are not referred. 

20 (b) COVERED AGENCY DEFINED.—In subsection (a), 

21 the term ‘‘covered agency’’ means the following: 

22 (1) The Department of Defense. 

23 (2) The Department of State. 

24 (3) The United States Agency for International 

25 Development. 
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1 (c) 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 a semi15 colon; and 

16 (iii) by adding at the end the fol17 lowing new subparagraphs 

18 ‘‘(D) a summary of suspensions, 

19 debarments, and administrative agreements 

20 during the previous year; and 

21 ‘‘(E) a summary of referrals of suspension 

22 and debarment matters received during the pre23 vious year, including an identification of the 

24 agencies making such referrals and an assess25 ment of the timeliness of such referrals.’’; and 
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1 (2) by striking subsection (b) and inserting the 

2 following new subsections: 

3 ‘‘(b) DATE OF SUBMITTAL OF ANNUAL REPORTS.— 

4 The annual report required by subsection (a)(7) shall be 

5 submitted not later than 120 days after the end of the 

6 first fiscal year ending after the date of the enactment 

7 of the National Defense Authorization Act for Fiscal Year 

8 2013, and annually thereafter. 

9 ‘‘(c) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘contingency operation’ has the 

11 meaning given that term in section 101(a)(13) of 

12 title 10, United States Code. 

13 ‘‘(2) The term ‘Interagency Committee on De14 barment and Suspension’ means the committee con15 stituted under sections 4 and 5 of Executive Order 

16 No. 12549.’’. 

17 SEC. 881A. ADDITIONAL BASES FOR SUSPENSION OR DE18 BARMENT. 

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

20 date of the enactment of this Act, the Federal Acquisition 

21 Regulation shall be revised to provide for the automatic 

22 referral of a person described in subsection (b) to the ap23 propriate suspension and debarment official for a deter24 mination whether or not the person should be suspended 

25 or debarred. 
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1 (b) COVERED PERSONS.—A person described in this 

2 subsection is any person as follows: 

3 (1) A person who has been charged with a Fed4 eral criminal offense relating to the award or per5 formance of a contract of an executive agency. 

6 (2) A person who has been alleged, in a civil or 

7 criminal proceeding brought by the United States, to 

8 have engaged in fraudulent actions in connection 

9 with the award or performance of a contract of an 

10 executive agency. 

11 (3) A person that does not maintain an office 

12 within the United States and has been determined 

13 by the head of a contracting agency of an executive 

14 agency to have failed to pay or refund amounts due 

15 or owed to the Federal Government in connection 

16 with the performance of a contract of the executive 

17 agency. 

18 (c) DEFINITIONS.—In this section: 

19 (1) The term ‘‘executive agency’’ has the mean20 ing given that term in section 133 of title 41, United 

21 States Code. 

22 (2) The term ‘‘person’’ has the meaning given 

23 that term in section 1 of title 1, United States Code. 
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1 SEC. 882. UNIFORM CONTRACT WRITING SYSTEM REQUIRE2 MENTS. 

3 (a) UNIFORM STANDARDS AND CONTROLS RE4 QUIRED.—Not later than 180 days after the date of the 

5 enactment of this Act, the officials specified in subsection 

6 (b) shall— 

7 (1) establish uniform data standards, internal 

8 control requirements, independent verification and 

9 validation requirements, and business process rules 

10 for processing procurement requests, contracts, re11 ceipts, and invoices by the Department of Defense or 

12 other executive agencies, as applicable; 

13 (2) establish and maintain one or more ap14 proved electronic contract writing systems that con15 form with the standards, requirements, and rules es16 tablished pursuant to paragraph (1); and 

17 (3) require the use of electronic contract writ18 ing systems approved in accordance with paragraph 

19 (2) for all contracts entered into by the Department 

20 of Defense or other executive agencies, as applicable. 

21 (b) COVERED OFFICIALS.—The officials specified in 

22 this subsection are the following: 

23 (1) The Secretary of Defense, with respect to 

24 the Department of Defense and the military depart25 ments. 
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1 (2) The Administrator of the Office of Federal 

2 Procurement Policy, with respect to the executive 

3 agencies other than the Department of Defense and 

4 the military departments. 

5 (c) ELECTRONIC WRITING SYSTEMS FOR DEPART6 MENT OF STATE AND USAID.—Notwithstanding sub7 section (b)(2), the Secretary of State and the Adminis8 trator of the United States Agency for International De9 velopment may meet the requirements of subsection (a)(2) 

10 with respect to approved electronic contract writing sys11 tems for the Department of State and the United States 

12 Agency for International Development, respectively, if the 

13 Secretary and the Administrator, as the case may be, dem14 onstrate to the Administrator of the Office of Federal Pro15 curement Policy that prior investment of resources in ex16 isting contract writing systems will result in the most cost 

17 effective and efficient means to satisfy such requirements. 

18 (d) PHASE-IN OF IMPLEMENTATION OF REQUIRE19 MENT FOR APPROVED SYSTEMS.—The officials specified 

20 in subsection (b) may phase in the implementation of the 

21 requirement to use approved electronic contract writing 

22 systems in accordance with subsection (a)(3) over a period 

23 of up to five years beginning with the date of the enact24 ment of this Act. 
436 

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1 (e) REPORTS.—Not later than 180 days after the 

2 date of the enactment of this Act, the officials specified 

3 in subsection (b) shall each submit to the appropriate com4 mittees of Congress a report on the implementation of the 

5 requirements of this section. Each report shall, at a min6 imum— 

7 (1) describe the standards, requirements, and 

8 rules established pursuant to subsection (a)(1); 

9 (2) identify the electronic contract writing sys10 tems approved pursuant to subsection (a)(2) and, if 

11 multiple systems are approved, explain why the use 

12 of such multiple systems is the most efficient and ef13 fective approach to meet the contract writing needs 

14 of the Federal Government; and 

15 (3) provide the schedule for phasing in the use 

16 of approved electronic contract writing systems in 

17 accordance with subsections (a)(3) and (d). 

18 (f) DEFINITIONS.—In this section: 

19 (1) The term ‘‘appropriate committees of Con20 gress’’ means— 

21 (A) the Committee on Armed Services, the 

22 Committee on Foreign Relations, the Com23 mittee on Homeland Security and Govern24 mental Affairs, and the Committee on Appro25 priations of the Senate; and 
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1 (B) the Committee on Armed Services, the 

2 Committee on Foreign Affairs, the Committee 

3 on Oversight and Government Reform, and the 

4 Committee on Appropriations of the House of 

5 Representatives. 

6 (2) The term ‘‘executive agency’’ has the mean7 ing given that term in section 133 of title 41, United 

8 States Code. 

9 SEC. 883. COMPTROLLER GENERAL OF THE UNITED 

10 STATES REVIEW OF USE BY THE DEPART11 MENT OF DEFENSE, THE DEPARTMENT OF 

12 STATE, AND THE UNITED STATES AGENCY 

13 FOR INTERNATIONAL DEVELOPMENT OF UR14 GENT AND COMPELLING EXCEPTION TO COM15 PETITION. 

16 (a) REVIEW REQUIRED.—The Comptroller General 

17 of the United States shall review each of the following: 

18 (1) The use by the Department of Defense of 

19 the unusual and compelling urgency exception to full 

20 and open competition provided in section 2304(c)(2) 

21 of title 10, United States Code. 

22 (2) The use by each of the Department of State 

23 and the United States Agency for International De24 velopment of the unusual and compelling urgency ex-
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1 ception to full and open competition provided in sec2 tion 3304(a)(2) of title 41, United States Code. 

3 (b) MATTERS TO BE REVIEWED.—The review of the 

4 use of an unusual and compelling urgency exception re5 quired by subsection (a) shall include a review of the fol6 lowing: 

7 (1) The pattern of use of the exception by ac8 quisition organizations within the Department of 

9 Defense, the Department of State, and the United 

10 States Agency for International Development in 

11 order to determine which organizations are com12 monly using the exception and the frequency of such 

13 use. 

14 (2) The range of items or services being ac15 quired through the use of the exception. 

16 (3) The process for reviewing and approving 

17 justifications involving the exception. 

18 (4) Whether the justifications for use of the ex19 ception typically meet the relevant requirements of 

20 the Federal Acquisition Regulation applicable to the 

21 use of the exception. 

22 (5) The extent to which the exception is used 

23 to solicit bids or proposals from only one source and 

24 the extent to which such sole-source procurements 

25 are appropriately documented and justified. 
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1 (6) The compliance of the Department of De2 fense, the Department of State, and the United 

3 States Agency for International Development with 

4 the requirements of section 2304(d)(3) of title 10, 

5 United States Code, or section 3304(c)(1)(B) of title 

6 41, United States Code, as applicable, that limit the 

7 duration of contracts awarded pursuant to the ex8 ception and require approval for any such contract 

9 in excess of one year. 

10 (c) REPORT.—Not later than one year after the date 

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

12 submit to the appropriate committees of Congress a report 

13 on the review required by subsection (a), including a dis14 cussion of each of the matters specified in subsection (b). 

15 The report shall include any recommendations relating to 

16 the matters reviewed that the Comptroller General con17 siders appropriate. 

18 (d) APPROPRIATE COMMITTEES OF CONGRESS DE19 FINED.—In this section, the term ‘‘appropriate commit20 tees of Congress’’ means— 

21 (1) the Committee on Armed Services, the 

22 Committee on Foreign Relations, the Committee on 

23 Homeland Security and Governmental Affairs, and 

24 the Committee on Appropriations of the Senate; and 
440 

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1 (2) the Committee on Armed Services, the 

2 Committee on Foreign Affairs, the Committee on 

3 Oversight and Government Reform, and the Com4 mittee on Appropriations of the House of Represent5 atives. 

6 SEC. 884. AUTHORITY TO PROVIDE FEE-FOR-SERVICE IN7 SPECTION AND TESTING BY DEFENSE CON8 TRACT MANAGEMENT AGENCY FOR CERTAIN 

9 CRITICAL EQUIPMENT IN THE ABSENCE OF A 

10 PROCUREMENT CONTRACT. 

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

12 States Code, is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (3), by striking ‘‘and’’ at 

15 the end; 

16 (B) in paragraph (4), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

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

19 paragraph: 

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

21 advance of the award of a procurement contract, 

22 through contracts or other appropriate arrangements 

23 and subject to subsection (c), the services of the De24 fense Contract Management Agency for testing and 

25 inspection of items when such testing and inspection 
441 

†S 3254 ES

1 is determined by such Secretary to be critical to a 

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

3 (2) by redesignating subsections (c) and (d) as 

4 subsections (d) and (e), respectively; and 

5 (3) by inserting after subsection (b) the fol6 lowing new subsection (c): 

7 ‘‘(c) DCMA SERVICES.—Services of the Defense 

8 Contract Management Agency may be made available 

9 under subsection (a)(5) only if the contract or other ar10 rangement for those services— 

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

12 items covered by the contract or other arrangement 

13 (whether or not tested and inspected under the con14 tract or other arrangement) are not subsequently or15 dered by or delivered to the United States under a 

16 procurement contract entered into after the contract 

17 or other arrangement is entered into; and 

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

19 any claim arising out of the inspection and testing, 

20 or the use in any commercial application, of the 

21 equipment tested and inspected by the Defense Con22 tract Management Agency under the contract or 

23 other arrangement.’’. 

24 (b) FEES.—Subsection (d) of such section, as redes25 ignated by subsection (a)(2) of this section, is amended— 
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1 (1) in the first sentence, by striking ‘‘and 

2 (a)(4)’’ and inserting ‘‘, (a)(4), and (a)(5)’’; and 

3 (2) in the second sentence— 

4 (A) by inserting ‘‘, travel, and other inci5 dental overhead expenses’’ after ‘‘salaries’’; and 

6 (B) by inserting ‘‘or inspection’’ before the 

7 period at the end. 

8 (c) USE OF FEES.—Subsection (e) of such section, 

9 as so redesignated, is amended by striking ‘‘and (a)(4)’’ 

10 and inserting ‘‘, (a)(4), and (a)(5)’’. 

11 SEC. 885. DISESTABLISHMENT OF DEFENSE MATERIEL 

12 READINESS BOARD. 

13 (a) DISESTABLISHMENT OF BOARD.—The Defense 

14 Materiel Readiness Board established pursuant to section 

15 871 of the National Defense Authorization Act for Fiscal 

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

17 hereby disestablished. 

18 (b) TERMINATION OF STRATEGIC READINESS

19 FUND.—The Department of Defense Strategic Readiness 

20 Fund established by section 872(d) of the National De21 fense Authorization Act for Fiscal Year 2008 (10 U.S.C. 

22 117 note) is hereby closed. 

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

24 Defense Authorization Act for Fiscal Year 2008 (10 

25 U.S.C. 117 note) is repealed. 
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1 SEC. 886. MODIFICATION OF PERIOD OF WAIT FOLLOWING 

2 NOTICE TO CONGRESS OF INTENT TO CON3 TRACT FOR LEASES OF CERTAIN VESSELS 

4 AND VEHICLES. 

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

6 is amended by striking ‘‘of continuous session of Con7 gress’’. 

8 SEC. 887. EXTENSION OF OTHER TRANSACTION AUTHOR9 ITY. 

10 Section 845(i) of the National Defense Authorization 

11 Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amend12 ed by striking ‘‘September 30, 2013’’ and inserting ‘‘Sep13 tember 30, 2018’’. 

14 SEC. 888. SUBCONTRACTOR NOTIFICATIONS. 

15 Section 8(d) of the Small Business Act (15 U.S.C. 

16 637(d)) is amended by adding at the end the following: 

17 ‘‘(13) NOTIFICATION REQUIREMENT.—An offeror 

18 with respect to a contract let by a Federal agency that 

19 is to be awarded pursuant to the negotiated method of 

20 procurement that intends to identify a small business con21 cern as a potential subcontractor in the offer relating to 

22 the contract shall notify the small business concern that 

23 the offeror intends to identify the small business concern 

24 as a potential subcontractor in the offer. 

25 ‘‘(14) REPORTING BY SUBCONTRACTORS.—The Ad26 ministrator shall establish a reporting mechanism that al-
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1 lows a subcontractor to report fraudulent activity by a 

2 contractor with respect to a subcontracting plan submitted 

3 to a procurement authority under paragraph (4)(B).’’. 

4 SEC. 889. REPORT BY THE SUSPENSION AND DEBARMENT 

5 OFFICIALS OF THE MILITARY DEPARTMENTS 

6 AND THE DEFENSE LOGISTICS AGENCY. 

7 (a) REPORT REQUIRED.—Not later than 60 days 

8 after the date of the enactment of this Act, the suspension 

9 and debarment official of each agency specified in sub10 section (b) shall submit to the congressional defense com11 mittees a report on the suspension and debarment activi12 ties of such official containing the information specified 

13 in subsection (c). 

14 (b) COVERED AGENCIES.—The agencies specified in 

15 this subsection are the following: 

16 (1) The Department of the Army. 

17 (2) The Department of the Navy. 

18 (3) The Department of the Air Force. 

19 (4) The Defense Logistics Agency. 

20 (c) COVERED INFORMATION.—The information speci21 fied in this subsection to be included in the report of a 

22 suspension and debarment official under subsection (a) is 

23 the following: 
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1 (1) The number of open suspension and debar2 ment cases of such official as of the date of such re3 port. 

4 (2) The current average processing time for 

5 suspension and debarment cases. 

6 (3) The target goal of such official for average 

7 processing time for suspension and debarment pro8 posals. 

9 (4) If the average time required for such official 

10 to process suspension and debarment proposals is 

11 more than twice the target goal specified under 

12 paragraph (3)— 

13 (A) an explanation why the average time 

14 exceeds the target goal by more than twice the 

15 target goal; and 

16 (B) a description of the actions to be taken 

17 by such official to ensure that the average proc18 essing time for suspension and debarment pro19 posals meets the target goal. 

20 SEC. 889A. STUDY ON ARMY SMALL ARMS AND AMMUNI21 TION ACQUISITION. 

22 (a) STUDY.— 

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

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

25 of Defense shall enter into a contract with a Feder-
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1 ally Funded Research and Development Center to 

2 conduct a study on the Army’s acquisition of small 

3 arms and ammunition to determine each of the fol4 lowing: 

5 (A) A comparative evaluation of the cur6 rent military small arms in use by United 

7 States general purpose and special operations 

8 forces, allied foreign militaries, and those poten9 tial candidate small arms not necessarily in use 

10 militarily but available commercially. 

11 (B) An assessment of the Department of 

12 Defense’s current plans to modernize its small 

13 arms capabilities. 

14 (C) A comparative evaluation of the 

15 Army’s standard small arms ammunition with 

16 other small arms ammunition alternatives. 

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

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

22 of Defense strategic guidance and planning doc23 uments. 

24 (B) Modifications and improvements re25 cently applied to United States general purpose 
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1 and special operations forces small arms as well 

2 as their potential for continued modification 

3 and improvement. 

4 (C) Industrial base impacts. 

5 (3) ACCESS TO INFORMATION.—The Secretary 

6 of Defense and the Secretary of the Army shall en7 sure that the Federally Funded Research and Devel8 opment Center conducting the study required under 

9 subsection (a) has access to all necessary data, 

10 records, analysis, personnel, and other resources nec11 essary to complete the study. 

12 (b) REPORT.— 

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

14 30, 2013, the Secretary of Defense shall submit to 

15 the congressional defense committees a report con16 taining the results of the study conducted under 

17 subsection (a), together with the comments of the 

18 Secretary of Defense on the findings contained in 

19 the study. 

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

21 unclassified form, but may contain a classified 

22 annex. 

23 (c) DEFINITIONS.—In this section: 

24 (1) The term ‘‘small arms’’ means— 
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1 (A) firearms up to but not including .50 

2 caliber; and 

3 (B) shotguns. 

4 (2) The term ‘‘small arms ammunition’’ means 

5 ammunition or ordnance for— 

6 (A) firearms up to but not including .50 

7 caliber; and 

8 (B) shotguns. 

9 SEC. 889B. ANNUAL REPORT ON DEFENSE CONTRACTING 

10 FRAUD. 

11 (a) ANNUAL STUDY AND REPORT.—The Secretary of 

12 Defense shall conduct an annual study on defense con13 tracting fraud and submit a report containing the findings 

14 of such study to the congressional defense committees. 

15 (b) REPORT CONTENTS.—The report required under 

16 subsection (a) shall include with respect to the most recent 

17 reporting period the following elements: 

18 (1) An assessment of the total value of Depart19 ment of Defense contracts entered into to with con20 tractors that have been indicted for, settled charges 

21 of, been fined by any Federal department or agency 

22 for, or been convicted of fraud in connection with 

23 any contract or other transaction entered into with 

24 the Federal Government. 
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1 (2) Recommendations by the Inspector General 

2 of the Department of Defense or other appropriate 

3 Department of Defense official regarding how to pe4 nalize contractors repeatedly involved in fraud in 

5 connection with contracts or other transactions en6 tered into with the Federal Government, including 

7 an update on implementation by the Department of 

8 any previous such recommendations. 

9 SEC. 889C. PLAN TO INCREASE NUMBER OF CONTRACTORS 

10 ELIGIBLE FOR CONTRACTS UNDER AIR 

11 FORCE NETCENTS-2 CONTRACT. 

12 (a) PLAN REQUIRED.—Not later than 180 days after 

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

14 Defense shall submit to the congressional defense commit15 tees a plan to increase the number of contractors eligible 

16 to be awarded contracts under the Air Force’s Network17 Centric Solutions-2 (NETCENTS-2) indefinite-delivery, 

18 indefinite-quantity (IDIQ) contract. 

19 (b) CONTENT.—The plan required under subsection 

20 (a) shall include the following elements: 

21 (1) A recommendation and rationale for a max22 imum number of contractors to be eligible for con23 tract awards under NETCENTS-2 to foster com24 petition and reduce overall costs associated with 
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1 hardware and operation and maintenance of Air 

2 Networks. 

3 (2) The methodology used to periodically review 

4 existing eligible NETCENTS-2 contractors and con5 tracts. 

6 (3) A timeline to increase the current number 

7 of eligible contractors under NETCENTS-2 and 

8 dates of future ‘‘on-ramps’’ under NETCENTS-2 to 

9 assess current eligible contractors and add addi10 tional eligible contractors. 

11 SEC. 889D. INCLUSION OF INFORMATION ON COMMON 

12 GROUNDS FOR SUSTAINING BID PROTESTS IN 

13 ANNUAL GOVERNMENT ACCOUNTABILITY OF14 FICE REPORTS TO CONGRESS. 

15 The Comptroller General of the United States shall 

16 include in the annual report to Congress on the Govern17 ment Accountability Office each year a list of the most 

18 common grounds for sustaining protests relating to bids 

19 for contracts during such year. 

20 SEC. 889E. SMALL BUSINESS HUBZONES. 

21 (a) DEFINITION.—In this section, the term ‘‘covered 

22 base closure area’’ means a base closure area that, on or 

23 before the date of enactment of this Act, was treated as 

24 a HUBZone for purposes of the Small Business Act (15 

25 U.S.C. 631 et seq.) pursuant to section 152(a)(2) of the 
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1 Small Business Reauthorization and Manufacturing As2 sistance Act of 2004 (15 U.S.C. 632 note). 

3 (b) TREATMENT AS HUBZONE.— 

4 (1) IN GENERAL.—Subject to paragraph (2), a 

5 covered base closure area shall be treated as a 

6 HUBZone for purposes of the Small Business Act 

7 (15 U.S.C. 631 et seq.) during the 5-year period be8 ginning on the date of enactment of this Act. 

9 (2) LIMITATION.—The total period of time that 

10 a covered base closure area is treated as a 

11 HUBZone for purposes of the Small Business Act 

12 (15 U.S.C. 631 et seq.) pursuant to this section and 

13 section 152(a)(2) of the Small Business Reauthor14 ization and Manufacturing Assistance Act of 2004 

15 (15 U.S.C. 632 note) may not exceed 5 years. 

16 Subtitle F—Ending Trafficking in 

17 Government Contracting 

18 SEC. 891. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘End Trafficking 

20 in Government Contracting Act of 2012’’. 

21 SEC. 892. DEFINITIONS. 

22 In this subtitle: 

23 (1) COMMERCIAL SEX ACT.—The term ‘‘com24 mercial sex act’’ has the meaning given the term in 
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1 section 22.1702 of the Federal Acquisition Regula2 tion (or any similar successor regulation). 

3 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

4 agency’’ has the meaning given the term in section 

5 133 of title 41, United States Code. 

6 (3) SUBCONTRACTOR.—The term ‘‘subcon7 tractor’’ means a recipient of a contract at any tier 

8 under a grant, contract, or cooperative agreement. 

9 (4) SUBGRANTEE.—The term ‘‘subgrantee’’ 

10 means a recipient of a grant at any tier under a 

11 grant or cooperative agreement. 

12 (5) 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. 893. CONTRACTING REQUIREMENTS. 

17 (a) IN GENERAL.—Section 106(g) of the Trafficking 

18 Victims Protection Act of 2000 (22 U.S.C. 7104(g)) is 

19 amended by striking ‘‘if the grantee or any subgrantee,’’ 

20 and all that follows through the period at the end and 

21 inserting the following: ‘‘or take any of the other remedial 

22 actions authorized under section 895(c) of the End Traf23 ficking in Government Contracting Act of 2012, if the 

24 grantee or any subgrantee, or the contractor or any sub-
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1 contractor, engages in, or uses labor recruiters, brokers, 

2 or other agents who engage in— 

3 ‘‘(i) severe forms of trafficking in per4 sons; 

5 ‘‘(ii) the procurement of a commercial 

6 sex act during the period of time that the 

7 grant, contract, or cooperative agreement 

8 is in effect; 

9 ‘‘(iii) the use of forced labor in the 

10 performance of the grant, contract, or co11 operative agreement, or 

12 ‘‘(iv) acts that directly support or ad13 vance trafficking in persons, including the 

14 following acts: 

15 ‘‘(I) Destroying, concealing, re16 moving, confiscating, or otherwise de17 nying an employee access to that em18 ployee’s identity or immigration docu19 ments. 

20 ‘‘(II) Failing to pay return trans21 portation costs to an employee upon 

22 the end of employment, unless— 

23 ‘‘(aa) exempted from the 

24 duty to repatriate by the Federal 

25 department or agency providing 
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1 or entering into the grant, con2 tract, or cooperative agreement; 

3 or 

4 ‘‘(bb) the employee is a vic5 tim of human trafficking seeking 

6 victim services or legal redress in 

7 the country of employment or a 

8 witness in a human trafficking 

9 enforcement action. 

10 ‘‘(III) Soliciting a person for the 

11 purpose of employment, or offering 

12 employment, by means of materially 

13 false or fraudulent pretenses, rep14 resentations, or promises regarding 

15 that employment. 

16 ‘‘(IV) Charging recruited employ17 ees unreasonable placement or recruit18 ment fees, such as fees equal to or 

19 greater than the employee’s monthly 

20 salary, or recruitment fees that violate 

21 the laws of the country from which an 

22 employee is recruited. 

23 ‘‘(V) Providing or arranging 

24 housing that fails to meet the host 
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1 country housing and safety stand2 ards.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall take effect 90 days after the date of 

5 the enactment of this Act. 

6 SEC. 894. COMPLIANCE PLAN AND CERTIFICATION RE7 QUIREMENT. 

8 (a) REQUIREMENT.—The head of an executive agen9 cy may not provide or enter into a grant, contract, or coop10 erative agreement if the estimated value of the services 

11 required to be performed under the grant, contract, or co12 operative agreement outside the United States exceeds 

13 $500,000, unless a duly designated representative of the 

14 recipient of such grant, contract, or cooperative agreement 

15 certifies to the contracting or grant officer prior to receiv16 ing an award and on an annual basis thereafter, after hav17 ing conducted due diligence, that— 

18 (1) the recipient has implemented a plan to pre19 vent the activities described in section 106(g) of the 

20 Trafficking Victims Protection Act of 2000 (22 

21 U.S.C. 7104(g)), as amended by section 3, and is in 

22 compliance with that plan; 

23 (2) the recipient has implemented procedures to 

24 prevent any activities described in such section 

25 106(g) and to monitor, detect, and terminate any 
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1 subcontractor, subgrantee, or employee of the recipi2 ent engaging in any activities described in such sec3 tion; and 

4 (3) to the best of the representative’s knowl5 edge, neither the recipient, nor any subcontractor or 

6 subgrantee of the recipient or any agent of the re7 cipient or of such a subcontractor or subgrantee, is 

8 engaged in any of the activities described in such 

9 section. 

10 (b) LIMITATION.—Any plan or procedures imple11 mented pursuant to subsection (a) shall be appropriate to 

12 the size and complexity of the grant, contract, or coopera13 tive agreement and to the nature and scope of its activi14 ties, including the number of non-United States citizens 

15 expected to be employed. 

16 (c) DISCLOSURE.—The recipient shall provide a copy 

17 of the plan to the contracting or grant officer upon re18 quest, and as appropriate, shall post the useful and rel19 evant contents of the plan or related materials on its 

20 website and at the workplace. 

21 (d) GUIDANCE.—The President, in consultation with 

22 the Secretary of State, the Attorney General, the Sec23 retary of Defense, the Secretary of Labor, the Secretary 

24 of Homeland Security, the Administrator for the United 

25 States Agency for International Development, and the 
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1 heads of such other executive agencies as the President 

2 deems appropriate, shall establish minimum requirements 

3 for contractor plans and procedures to be implemented 

4 pursuant to this section. 

5 (e) REGULATIONS.—Not later than 270 days after 

6 the date of the enactment of this Act, the Federal Acquisi7 tion Regulation shall be amended to carry out the pur8 poses of this section. 

9 (f) EFFECTIVE DATE.—The requirements under sub10 section (a) and (c) shall apply to grants, contracts, and 

11 cooperative agreements entered into on or after the date 

12 that is 90 days after the Federal Acquisition Regulation 

13 is amended pursuant to subsection (e). 

14 SEC. 895. MONITORING AND INVESTIGATION OF TRAF15 FICKING IN PERSONS. 

16 (a) REFERRAL AND INVESTIGATION.— 

17 (1) REFERRAL.—If the contracting or grant of18 ficer of an executive agency for a grant, contract, or 

19 cooperative agreement receives credible information 

20 that a recipient of the grant, contract, or cooperative 

21 agreement; any subgrantee or subcontractor of the 

22 recipient; or any agent of the recipient or of such a 

23 subgrantee or subcontractor, has engaged in an ac24 tivity described in section 106(g) of the Trafficking 

25 Victims Protection Act of 2000 (22 U.S.C. 7104(g)), 
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1 as amended by section 893, including a report from 

2 a contracting officer representative, an auditor, an 

3 alleged victim or victim’s representative, or any 

4 other credible source, the contracting or grant offi5 cer shall promptly refer the matter to the agency’s 

6 Office of Inspector General for investigation. The 

7 contracting officer may also direct the contractor to 

8 take specific steps to abate an alleged violation or 

9 enforce the requirements of a compliance plan imple10 mented pursuant to section 894. 

11 (2) INVESTIGATION.—Where appropriate, an 

12 Inspector General who receives credible information 

13 that a recipient of the grant, contract, or cooperative 

14 agreement; any subgrantee or subcontractor of the 

15 recipient; or any agent of the recipient or of such a 

16 subgrantee or subcontractor, has engaged in an ac17 tivity described in section 106(g) of the Trafficking 

18 Victims Protection Act of 2000 (22 U.S.C. 7104(g)), 

19 as amended by section 893, pursuant to a referral 

20 under paragraph (1) or otherwise, shall promptly 

21 initiate an investigation of the matter. In the event 

22 that an Inspector General does not initiate an inves23 tigation, the Inspector General shall provide an ex24 planation for the decision not to investigate. 
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1 (3) CRIMINAL INVESTIGATION.—If the matter 

2 is referred to the Department of Justice for criminal 

3 prosecution, the Inspector General may suspend any 

4 investigation under this subsection pending the out5 come of the criminal prosecution. If the criminal in6 vestigation results in an indictment of the recipient 

7 of a contract, grant, or cooperative agreement; any 

8 subgrantee or subcontractor of the recipient; or any 

9 agent of the recipient or of a subgrantee or subcon10 tractor, the Inspector General shall notify the head 

11 of the executive agency that awarded the contract, 

12 grant, or cooperative agreement of the indictment. If 

13 the criminal investigation results in a decision not to 

14 prosecute, the Inspector General shall resume any 

15 investigation that was suspended pursuant to this 

16 paragraph. 

17 (b) REPORT AND DETERMINATION.— 

18 (1) REPORT.—Upon completion of an investiga19 tion under subsection (a), the Inspector General 

20 shall submit a report on the investigation, including 

21 conclusions about whether the recipient of a grant, 

22 contract, or cooperative agreement; any subcon23 tractor or subgrantee of the recipient; or any agent 

24 of the recipient or of such a subcontractor or sub25 grantee, engaged in any of the activities described in 
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1 section 106(g) of the Trafficking Victims Protection 

2 Act of 2000 (22 U.S.C. 7104(g)), as amended by 

3 section 893, to the head of the executive agency that 

4 awarded the contract, grant, or cooperative agree5 ment. 

6 (2) DETERMINATION.—Upon receipt of an In7 spector General’s report pursuant to paragraph (1), 

8 the head of the executive agency shall make a writ9 ten determination whether the recipient of a con10 tract, grant, or cooperative agreement; any sub11 grantee or subcontractor of the recipient; or any 

12 agent of the recipient or of a subgrantee or subcon13 tractor, engaged in any of the activities described in 

14 section 106(g) of the Trafficking Victims Protection 

15 Act of 2000 (22 U.S.C. 7104(g)), as amended by 

16 section 893. 

17 (c) REMEDIAL ACTIONS.— 

18 (1) IN GENERAL.—If the head of an executive 

19 agency determines pursuant to subsection (b)(2) 

20 that the recipient of a contract, grant, or cooperative 

21 agreement; any subgrantee or subcontractor of the 

22 recipient; or any agent of the recipient or of a sub23 grantee or subcontractor, engaged in any of the ac24 tivities described in section 106(g) of the Trafficking 

25 Victims Protection Act of 2000 (22 U.S.C. 7104(g)), 
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1 as amended by section 893, or is notified of an in2 dictment for an offense under subsection (a)(3), the 

3 head of agency shall consider taking one or more of 

4 the following remedial actions: 

5 (A) Requiring the recipient to remove an 

6 employee from the performance of work under 

7 the grant, contract, or cooperative agreement. 

8 (B) Requiring the recipient to terminate a 

9 subcontract or subgrant. 

10 (C) Suspending payments under the grant, 

11 contract, or cooperative agreement until such 

12 time as the recipient of the grant, contract, or 

13 cooperative agreement has taken appropriate 

14 remedial action. 

15 (D) Withholding award fees, consistent 

16 with the award fee plan, for the performance 

17 period in which the agency determined the con18 tractor or subcontractor engaged in any of the 

19 activities described in such section 106(g). 

20 (E) Declining to exercise available options 

21 under the contract. 

22 (F) Terminating the contract for default 

23 or cause, in accordance with the termination 

24 clause for the contract. 
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1 (G) Referring the matter to the agency 

2 suspension and debarment official. 

3 (2) SAVINGS CLAUSE.—Nothing in this sub4 section shall be construed as limiting the scope of 

5 applicable remedies available to the Federal Govern6 ment. 

7 (3) MITIGATING FACTOR.—Where applicable, 

8 the head of an executive agency may consider wheth9 er the contractor or grantee had a plan in place 

10 under section 894, and was in compliance with that 

11 plan at the time of the violation, as a mitigating fac12 tor in determining which remedies, if any, should 

13 apply. 

14 (4) AGGRAVATING FACTOR.—Where applicable, 

15 the head of an executive agency may consider the 

16 failure of a contractor or grantee to abate an alleged 

17 violation or enforce the requirements of a compliance 

18 plan when directed by a contracting officer pursuant 

19 to subsection (a)(1) as an aggravating factor in de20 termining which remedies, if any, should apply. 

21 (d) INCLUSION OF REPORT CONCLUSIONS IN

22 FAPIIS.— 

23 (1) IN GENERAL.—The head of an executive 

24 agency shall ensure that any written determination 

25 under subsection (b) is included in the Federal 
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1 Awardee Performance and Integrity Information 

2 System (FAPIIS). 

3 (2) AMENDMENT TO TITLE 41, UNITED STATES

4 CODE.—Section 2313(c)(1)(E) of title 41, United 

5 States Code, is amended to read as follows: 

6 ‘‘(E) In an administrative proceeding— 

7 ‘‘(i) a final determination of con8 tractor fault by the Secretary of Defense 

9 pursuant to section 823(d) of the National 

10 Defense Authorization Act for Fiscal Year 

11 2010 (10 U.S.C. 2302 note; Public Law 

12 111–84); or 

13 ‘‘(ii) a final determination, pursuant 

14 to section 895(b)(2) of the End Traf15 ficking in Government Contracting Act of 

16 2012, that the contractor, a subcontractor, 

17 or an agent of the contractor or subcon18 tractor engaged in any of the activities de19 scribed in section 106(g) of the Trafficking 

20 Victims Protection Act of 2000 (22 U.S.C. 

21 7104(g)).’’. 

22 SEC. 896. NOTIFICATION TO INSPECTORS GENERAL AND 

23 COOPERATION WITH GOVERNMENT. 

24 (a) IN GENERAL.—The head of an executive agency 

25 making or awarding a grant, contract, or cooperative 
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1 agreement shall require that the recipient of the grant, 

2 contract, or cooperative agreement— 

3 (1) immediately inform the Inspector General of 

4 the executive agency of any information it receives 

5 from any source that alleges credible information 

6 that the recipient; any subcontractor or subgrantee 

7 of the recipient; or any agent of the recipient or of 

8 such a subcontractor or subgrantee, has engaged in 

9 conduct described in section 106(g) of the Traf10 ficking in Victims Protection Act of 2000 (22 U.S.C. 

11 7104(g)), as amended by section 3 of this Act; and 

12 (2) fully cooperate with any Federal agencies 

13 responsible for audits, investigations, or corrective 

14 actions relating to trafficking in persons. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall take effect 90 days after the date of 

17 the enactment of this Act. 

18 SEC. 897. EXPANSION OF FRAUD IN FOREIGN LABOR CON19 TRACTING TO INCLUDE ATTEMPTED FRAUD 

20 AND WORK OUTSIDE THE UNITED STATES. 

21 (a) IN GENERAL.—Section 1351 of title 18, United 

22 States Code, is amended— 

23 (1) by striking ‘‘Whoever knowingly and with 

24 the intent to defraud recruits, solicits or hires a per25 son outside the United States’’ and inserting ‘‘(a) 
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1 WORK INSIDE THE UNITED STATES.—Whoever 

2 knowingly and with the intent to defraud recruits, 

3 solicits, or hires a person outside the United States, 

4 or attempts to do so,’’; and 

5 (2) by adding at the end the following new sub6 section: 

7 ‘‘(b) WORK OUTSIDE THE UNITED STATES.—Who8 ever knowingly and with intent to defraud recruits, solic9 its, or hires a person outside the United States, or at10 tempts to do so, for purposes of employment performed 

11 on a United States Government contract performed out12 side the United States, or on a United States military in13 stallation or mission outside the United States or other 

14 property or premises outside the United States owned or 

15 controlled by the United States Government, by means of 

16 materially false or fraudulent pretenses, representations, 

17 or promises regarding that employment, shall be fined 

18 under this title or imprisoned for not more than 5 years, 

19 or both.’’. 

20 (b) SPECIAL RULE FOR ALIEN VICTIMS.—No alien 

21 may be admitted to the United States pursuant to sub22 paragraph (U) of section 101(a)(15) of the Immigration 

23 and Nationality Act (8 U.S.C. 1101(a)(15)) as a result 

24 of the alien being a victim of a crime described in sub-
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1 section (b) of section 1351 of title 18, United States Code, 

2 as added by subsection (a). 

3 SEC. 898. IMPROVING DEPARTMENT OF DEFENSE AC4 COUNTABILITY FOR REPORTING TRAF5 FICKING IN PERSONS CLAIMS AND VIOLA6 TIONS. 

7 Section 105(d)(7)(H) of the Trafficking Victims Pro8 tection Act of 2000 (22 U.S.C. 7103(d)(7)(H)) is amend9 ed— 

10 (1) in clause (ii), by striking ‘‘and’’ at the end; 

11 (2) by redesignating clause (iii) as clause (iv); 

12 (3) by inserting after clause (ii) the following 

13 new clause: 

14 ‘‘(iii) all known trafficking in persons 

15 cases reported to the Under Secretary of 

16 Defense for Personnel and Readiness;’’; 

17 (4) in clause (iv), as redesignated by paragraph 

18 (2), by inserting ‘‘and’’ at the end after the semi19 colon; and 

20 (5) by adding at the end the following new 

21 clause: 

22 ‘‘(v) all trafficking in persons activi23 ties of contractors reported to the Under 

24 Secretary of Defense for Acquisition, Tech25 nology, and Logistics;’’. 
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1 SEC. 899. RULES OF CONSTRUCTION. 

2 (a) LIABILITY.—Excluding section 897, nothing in 

3 this subtitle shall be construed to supersede, enlarge, or 

4 diminish the common law or statutory liabilities of any 

5 grantee, subgrantee, contractor, subcontractor, or other 

6 party covered by section 106(g) of the Trafficking Victims 

7 Protection Act of 2000 (22 U.S.C. 7104(g)), as amended 

8 by section 893. 

9 (b) AUTHORITY OF DEPARTMENT OF JUSTICE.— 

10 Nothing in this subtitle shall be construed as diminishing 

11 or otherwise modifying the authority of the Attorney Gen12 eral to investigate activities covered by this subtitle. 

13 (c) PROSPECTIVE EFFECT.—Nothing in this subtitle, 

14 or the amendments made by this subtitle, shall be con15 strued to apply to a contract or grant entered into or re16 newed before the date of the enactment of this subtitle. 
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 Subtitle A—Department of Defense 

5 Management 

6 SEC. 901. DEFINITION AND REPORT ON TERMS ‘‘PREPARA7 TION OF THE ENVIRONMENT’’ AND ‘‘OPER8 ATIONAL PREPARATION OF THE ENVIRON9 MENT’’ FOR JOINT DOCTRINE PURPOSES. 

10 (a) DEFINITIONS REQUIRED.—Not later than 90 

11 days after the date of the enactment of this Act, the Sec12 retary of Defense shall define for purposes of joint doc13 trine the following terms: 

14 (1) The term ‘‘preparation of the environment’’. 

15 (2) The term ‘‘operational preparation of the 

16 environment’’. 

17 (b) REPORT REQUIRED.—Not later than 180 days 

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

19 shall submit to the Committees on Armed Services of the 

20 Senate and the House of Representatives a report on the 

21 terms defined under subsection (a). The report shall in22 clude the following: 

23 (1) The definition of the term ‘‘preparation of 

24 the environment’’ pursuant to subsection (a). 
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1 (2) Examples of activities meeting the definition 

2 of the term ‘‘preparation of the environment’’ by 

3 special operations forces and general purpose forces. 

4 (3) The definition of the term ‘‘operational 

5 preparation of the environment’’ pursuant to sub6 section (a). 

7 (4) Examples of activities meeting the definition 

8 of the term ‘‘operational preparation of the environ9 ment’’ by special operations forces and general pur10 pose forces. 

11 (5) An assessment of the appropriate roles of 

12 special operations forces and general purpose forces 

13 in conducting activities meeting the definition of the 

14 term ‘‘preparation of the environment’’ and the defi15 nition of the term ‘‘operational preparation of the 

16 environment’’. 

17 SEC. 902. EXPANSION OF DUTIES AND RESPONSIBILITIES 

18 OF THE NUCLEAR WEAPONS COUNCIL. 

19 (a) GUIDANCE ON NUCLEAR COMMAND, CONTROL, 

20 AND COMMUNICATIONS SYSTEMS.—Subsection (d) of sec21 tion 179 of title 10, United States Code, is amended— 

22 (1) by redesignating paragraph (10) as para23 graph (11); and 

24 (2) by inserting after paragraph (9) the fol25 lowing new paragraph (10): 
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1 ‘‘(10) Providing programmatic guidance on nu2 clear command, control and communications sys3 tems.’’. 

4 (b) BUDGET AND FUNDING MATTERS.—Such section 

5 is further amended— 

6 (1) by redesignating subsection (f) as sub7 section (g); and 

8 (2) by inserting after subsection (e) the fol9 lowing new subsection (f): 

10 ‘‘(f) BUDGET AND FUNDING MATTERS.—(1) The 

11 Council shall submit to Congress each year, at the same 

12 time the budget of the President for the fiscal year begin13 ning in such year is submitted to Congress pursuant to 

14 section 1105(a) of title 31, a certification whether or not 

15 the amounts requested for the National Nuclear Security 

16 Administration in such budget, and anticipated over the 

17 four fiscal years following such budget, meets nuclear 

18 stockpile and stockpile stewardship program requirements 

19 for such fiscal year and over such four fiscal years. If a 

20 member of the Council does not concur in a certification, 

21 the certification shall include the reasons for the member’s 

22 non-concurrence. 

23 ‘‘(2) If a House of Congress adopts a bill authorizing 

24 or appropriating funds for the National Nuclear Security 

25 Administration for nuclear stockpile and stockpile stew-
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1 ardship program activities or other activities that, as de2 termined by the Council, provides insufficient funds for 

3 such activities for the period covered by such bill, the 

4 Council shall notify the congressional defense committees 

5 of the determination.’’. 

6 SEC. 903. FAILURE OF THE DEPARTMENT OF DEFENSE TO 

7 OBTAIN AUDITS WITH AN UNQUALIFIED 

8 OPINION ON ITS FINANCIAL STATEMENTS BY 

9 FISCAL YEAR 2017. 

10 If the Department of Defense fails to obtain an audit 

11 with an unqualified opinion on its financial statements for 

12 fiscal year 2017, the following shall take effect, effective 

13 as of the date of the issuance of the opinion on such audit: 

14 (1) REORGANIZATION OF RESPONSIBILITIES OF

15 CHIEF MANAGEMENT OFFICER.— 

16 (A) POSITION OF CHIEF MANAGEMENT OF17 FICER.—Section 132a of title 10, United States 

18 Code, is amended to read as follows: 

19 ‘‘§ 132a. Chief Management Officer 

20 ‘‘(a) IN GENERAL.—(1) There is a Chief Manage21 ment Officer of the Department of Defense, appointed 

22 from civilian life by the President, by and with the advice 

23 and consent of the Senate. 
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1 ‘‘(2) Any individual nominated for appointment as 

2 Chief Management Officer shall be an individual who 

3 has— 

4 ‘‘(A) extensive executive level leadership and 

5 management experience in the public or private sec6 tor; 

7 ‘‘(B) strong leadership skills; 

8 ‘‘(C) a demonstrated ability to manage large 

9 and complex organizations; and 

10 ‘‘(D) a proven record in achieving positive oper11 ational results. 

12 ‘‘(b) POWERS AND DUTIES.—The Chief Management 

13 Officer shall perform such duties and exercise such powers 

14 as the Secretary of Defense may prescribe. 

15 ‘‘(c) SERVICE AS CHIEF MANAGEMENT OFFICER.— 

16 (1) The Chief Management Officer is the Chief Manage17 ment Officer of the Department of Defense. 

18 ‘‘(2) In serving as the Chief Management Officer of 

19 the Department of Defense, the Chief Management Offi20 cer shall be responsible for the management and adminis21 tration of the Department of Defense with respect to the 

22 following: 

23 ‘‘(A) The expenditure of funds, accounting, and 

24 finance. 
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1 ‘‘(B) Procurement, including procurement of 

2 any enterprise resource planning (ERP) system and 

3 any information technology (IT) system that is a fi4 nancial feeder system, human resources system, or 

5 logistics system. 

6 ‘‘(C) Facilities, property, nonmilitary equip7 ment, and other resources. 

8 ‘‘(D) Strategic planning, and annual perform9 ance planning, and identification and tracking of 

10 performance measures. 

11 ‘‘(E) Internal audits and management analyses 

12 of the programs and activities of the Department, 

13 including the Defense Contract Audit Agency. 

14 ‘‘(F) Such other areas or matters as the Sec15 retary of Defense may designate. 

16 ‘‘(3) The head of the Defense Contract Audit Agency 

17 shall be under the supervision of, and shall report directly 

18 to, the Chief Management Officer. 

19 ‘‘(d) PRECEDENCE.—The Chief Management Officer 

20 takes precedence in the Department of Defense after the 

21 Secretary of Defense and the Deputy Secretary of De22 fense.’’. 

23 (B) CONFORMING AMENDMENTS.— 

24 (i) Section 131(b) of title 10, United 

25 States Code, is amended— 
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1 (I) by striking paragraph (3); 

2 (II) by redesignating paragraph 

3 (2) as paragraph (3); and 

4 (III) by inserting after paragraph 

5 (1) the following new paragraph (2): 

6 ‘‘(2) The Chief Management Officer of the De7 partment of Defense.’’. 

8 (ii) Section 132 of such title is 

9 amended— 

10 (I) by striking subsection (c); 

11 and 

12 (II) by redesignating subsections 

13 (d) and (e) as subsections (c) and (d), 

14 respectively. 

15 (iii) Section 133(e)(1) of such title is 

16 amended by striking ‘‘and the Deputy Sec17 retary of Defense’’ and inserting ‘‘, the 

18 Deputy Secretary of Defense, and the 

19 Chief Management Officer of the Depart20 ment of Defense’’. 

21 (iv) Such title is further amended by 

22 inserting ‘‘the Chief Management Officer 

23 of the Department of Defense,’’ after ‘‘the 

24 Deputy Secretary of Defense,’’ each place 

25 it appears in the provisions as follows: 
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1 (I) Section 133(e)(2). 

2 (II) Section 134(c). 

3 (v) Section 137a(d) of such title is 

4 amended by striking ‘‘the Secretaries of 

5 the military departments,’’ and all that fol6 lows and inserting ‘‘the Chief Management 

7 Officer of the Department of Defense, the 

8 Secretaries of the military departments, 

9 and the Under Secretaries of Defense.’’. 

10 (vi) Section 138(d) of such title is 

11 amended by striking ‘‘the Secretaries of 

12 the military departments,’’ and all that fol13 lows through the period and inserting ‘‘the 

14 Chief Management Officer of the Depart15 ment of Defense, the Secretaries of the 

16 military departments, the Under Secre17 taries of Defense, and the Director of De18 fense Research and Engineering.’’. 

19 (C) CLERICAL AMENDMENT.—The table of 

20 sections at the beginning of chapter 4 of such 

21 title is amended by striking the item relating to 

22 section 132a and inserting the following new 

23 item: 

‘‘132a. Chief Management Officer.’’. 
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1 (D) EXECUTIVE SCHEDULE.—Section 

2 5313 of title 5, United States Code, is amended 

3 by adding at the end the following: 

4 ‘‘Chief Management Officer of the Department 

5 of Defense.’’. 

6 (E) REFERENCE IN LAW.—Any reference 

7 in any provision of law to the Chief Manage8 ment Officer of the Department of Defense 

9 shall be deemed to refer to the Chief Manage10 ment Officer of the Department of Defense 

11 under section 132a of title 10, United States 

12 Code (as amended by this paragraph). 

13 (2) JURISDICTION OF DFAS.— 

14 (A) TRANSFER TO DEPARTMENT OF THE

15 TREASURY.—Jurisdiction of the Defense Fi16 nance and Accounting Service (DFAS) is trans17 ferred from the Department of Defense to the 

18 Department of the Treasury. 

19 (B) ADMINISTRATION.—The Secretary of 

20 the Treasury shall administer the Defense Fi21 nance and Accounting Service following transfer 

22 under this paragraph through the Financial 

23 Management Service of the Department of the 

24 Treasury. 
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1 (C) MEMORANDUM OF UNDERSTANDING.— 

2 The Secretary of Defense and the Secretary of 

3 the Treasury shall jointly enter into a memo4 randum of understanding regarding the trans5 fer of jurisdiction of the Defense Finance and 

6 Accounting Service under this paragraph. The 

7 memorandum of understanding shall provide for 

8 the transfer of the personnel and other re9 sources of the Service to the Department of the 

10 Treasury and for the assumption of responsi11 bility for such personnel and resources by the 

12 Department of the Treasury. 

13 (D) CONSTRUCTION.—Nothing in this 

14 paragraph shall be construed as terminating, al15 tering, or revising any responsibilities or au16 thorities of the Defense Finance and Account17 ing Service (other than responsibilities and au18 thorities in connection with the exercise of ju19 risdiction of the Service following transfer 

20 under this paragraph). 
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1 SEC. 904. INFORMATION FOR DEPUTY CHIEF MANAGEMENT 

2 OFFICER OF THE DEPARTMENT OF DEFENSE 

3 FROM THE MILITARY DEPARTMENTS AND DE4 FENSE AGENCIES FOR DEFENSE BUSINESS 

5 SYSTEM INVESTMENT REVIEWS. 

6 Section 2222(g) of title 10, United States Code, is 

7 amended by adding at the end the following new para8 graph: 

9 ‘‘(3)(A) The investment management process re10 quired by paragraph (1) shall include requirements for the 

11 military departments and the Defense Agencies to submit 

12 to the Deputy Chief Management Officer such information 

13 on covered defense business system programs as the Dep14 uty Chief Management Officer shall require for the review 

15 of defense business system programs under the process. 

16 Such information shall be submitted to the Deputy Chief 

17 Management Officer in a standardized format established 

18 by the Deputy Chief Management Officer for purposes of 

19 this paragraph.’’ 

20 Subtitle B—Space Activities 

21 SEC. 911. OPERATIONALLY RESPONSIVE SPACE PROGRAM 

22 OFFICE. 

23 (a) IN GENERAL.—Subsection (a) of section 2273a 

24 of title 10, United States Code, is amended to read as 

25 follows: 
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1 ‘‘(a) IN GENERAL.—There is within the Air Force 

2 Space and Missile Systems Center of the Department of 

3 Defense an office known as the Operationally Responsive 

4 Space Program Office (in this section referred to as the 

5 ‘Office’). The facilities of the Office may not be co-located 

6 with the headquarters facilities of the Air Force Space and 

7 Missile Systems Center.’’. 

8 (b) HEAD OF OFFICE.—Subsection (b) of such sec9 tion is amended by striking ‘‘shall be—’’ and all that fol10 lows and inserting ‘‘the designee of the Department of De11 fense Executive Agent for Space. The head of the Office 

12 shall report to the Commander of the Air Force Space 

13 and Missile Systems Center.’’. 

14 (c) MISSION.—Subsection (c)(1) of such section is 

15 amended by striking ‘‘spacelift’’ and inserting ‘‘launch’’. 

16 (d) SENIOR ACQUISITION EXECUTIVE.—Paragraph 

17 (1) of subsection (e) of such section is amended to read 

18 as follows: 

19 ‘‘(1) The Program Executive Officer (PEO) for 

20 Space shall be the Acquisition Executive of the Of21 fice and shall provide streamlined acquisition au22 thorities for projects of the Office.’’. 

23 (e) EXECUTIVE COMMITTEE.—Such section is fur24 ther amended by adding at the end the following new sub25 section: 
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1 ‘‘(g) EXECUTIVE COMMITTEE.—(1) The Secretary of 

2 Defense shall establish for the Office an Executive Com3 mittee (to be known as the ‘Operationally Responsive 

4 Space Executive Committee’) to provide coordination, 

5 oversight, and approval of projects of the Office. 

6 ‘‘(2) The Executive Committee shall consist of the of7 ficials (and their duties) as follows: 

8 ‘‘(A) The Department of Defense Executive 

9 Agent for Space, who shall serve as Chair of the Ex10 ecutive Committee and provide oversight, 

11 prioritization, coordination, and resources for the 

12 Office. 

13 ‘‘(B) The Under Secretary of Defense for Ac14 quisition, Technology, and Logistics, who shall pro15 vide coordination and oversight of the Office and 

16 recommend funding sources for programs of the Of17 fice that exceed the approved program baseline. 

18 ‘‘(C) The Commander of the United States 

19 Strategic Command, who shall validate requirements 

20 for systems to be acquired by the Office and partici21 pate in approval of any acquisition program initiated 

22 by the Office. 

23 ‘‘(D) The Commander of the Air Force Space 

24 Command, who shall organize, train, and equip 
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1 forces to support the acquisition programs of the Of2 fice. 

3 ‘‘(E) Such other officials (and their duties) as 

4 the Secretary of Defense considers appropriate.’’. 

5 (f) TRANSFER OF FISCAL YEAR 2012 FUNDS.— 

6 (1) IN GENERAL.—To the extent provided in 

7 appropriations Acts, the Secretary of the Air Force 

8 may transfer from the funds described in paragraph 

9 (2), $60,000,000 to other, higher priority programs 

10 of the Air Force. 

11 (2) COVERED FUNDS.—The funds described in 

12 this paragraph are amounts authorized to be appro13 priated for fiscal year 2012 by section 201 of the 

14 National Defense Authorization Act for Fiscal Year 

15 2012 (Public Law 112–81; 125 Stat. 1329) and 

16 available for Research, Development, Test, and 

17 Evaluation, Air Force, for the Weather Satellite Fol18 low On Program as specified in the funding table in 

19 section 4201 of that Act. 

20 (3) EFFECT ON AUTHORIZATION AMOUNTS.—A 

21 transfer made from one account to another under 

22 the authority of this subsection shall be deemed to 

23 increase the amount authorized for the account to 

24 which the amount is transferred by an amount equal 

25 to the amount transferred. 
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1 (4) CONSTRUCTION OF AUTHORITY.—The 

2 transfer authority in this subsection is in addition to 

3 any other transfer authority provided in this Act. 

4 (5) PROGRAM PLAN.—Not later than December 

5 31, 2012, the Secretary shall submit to the congres6 sional defense committees a report setting forth a 

7 program plan for higher priority programs described 

8 in paragraph (1). 

9 SEC. 912. COMMERCIAL SPACE LAUNCH COOPERATION. 

10 (a) IN GENERAL.—Chapter 135 of title 10, United 

11 States Code, is amended by adding at the end the fol12 lowing new section: 

13 ‘‘§ 2275. Commercial space launch cooperation 

14 ‘‘(a) AUTHORITY.—The Secretary of Defense may, to 

15 assist the Secretary of Transportation in carrying out re16 sponsibilities set forth in title 51 with respect to private 

17 sector involvement in commercial space activities and pub18 lic-private partnerships pertaining to space transportation 

19 infrastructure, take the following actions: 

20 ‘‘(1) Maximize the use by the private sector in 

21 the United States of the capacity of the space trans22 portation infrastructure of the Department of De23 fense. 
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1 ‘‘(2) Maximize the effectiveness and efficiency 

2 of the space transportation infrastructure of the De3 partment. 

4 ‘‘(3) Reduce the cost of services provided by the 

5 Department related to space transportation infra6 structure at launch support facilities and space re7 covery support facilities. 

8 ‘‘(4) Encourage commercial space activities by 

9 enabling investment by covered entities in the space 

10 transportation infrastructure of the Department. 

11 ‘‘(5) Foster cooperation between the Depart12 ment and covered entities. 

13 ‘‘(b) AUTHORITY FOR CONTRACTS AND OTHER

14 AGREEMENTS RELATING TO SPACE TRANSPORTATION IN15 FRASTRUCTURE.—The Secretary of Defense— 

16 ‘‘(1) may enter into a contract or other agree17 ment with a covered entity to provide to the covered 

18 entity support and services related to the space 

19 transportation infrastructure of the Department of 

20 Defense; and 

21 ‘‘(2) upon the request of that covered entity, 

22 may include such support and services in the space 

23 launch and reentry range support requirements of 

24 the Department if— 
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1 ‘‘(A) the Secretary determines that the in2 clusion of such support and services in such re3 quirements— 

4 ‘‘(i) is in the best interest of the Fed5 eral Government; 

6 ‘‘(ii) does not interfere with the re7 quirements of the Department; and 

8 ‘‘(iii) does not compete with the com9 mercial space activities of other covered en10 tities, unless that competition is in the na11 tional security interests of the United 

12 States; and 

13 ‘‘(B) any commercial requirement included 

14 in that contract or other agreement has full 

15 non-Federal funding before the execution of the 

16 contract or other agreement. 

17 ‘‘(c) CONTRIBUTIONS.—(1) The Secretary of Defense 

18 may enter into contracts or other agreements with covered 

19 entities on a cooperative and voluntary basis to accept con20 tributions of funds, services, and equipment to carry out 

21 this section. 

22 ‘‘(2) Any funds, services, or equipment accepted by 

23 the Secretary under this subsection— 

24 ‘‘(A) may be used only for the objectives speci25 fied in this section in accordance with terms of use 
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1 set forth in the contract or other agreement entered 

2 into under this subsection; and 

3 ‘‘(B) shall be managed by the Secretary in ac4 cordance with regulations of the Department of De5 fense. 

6 ‘‘(3) A contract or other agreement entered into 

7 under this subsection with a covered entity— 

8 ‘‘(A) shall address the terms of use, ownership, 

9 and disposition of the funds, services, or equipment 

10 contributed pursuant to the contract or other agree11 ment; and 

12 ‘‘(B) shall include a provision that the covered 

13 entity will not recover the costs of its contribution 

14 through any other contract or agreement with the 

15 United States. 

16 ‘‘(d) DEFENSE COOPERATION SPACE LAUNCH AC17 COUNT.—(1) There is established on the books of the 

18 Treasury a special account to be known as the ‘Defense 

19 Cooperation Space Launch Account’. 

20 ‘‘(2) Funds received by the Secretary of Defense 

21 under subsection (c) shall be credited to the Defense Co22 operation Space Launch Account. 

23 ‘‘(3) Amounts in the Department Defense Coopera24 tion Space Launch Account shall be available, to the ex25 tent provided in appropriation Acts, for costs incurred by 
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1 the Department of Defense under subsection (c). Funds 

2 in the Account shall remain available until expended. 

3 ‘‘(e) ANNUAL REPORT.—Not later than January 31 

4 each year, the Secretary of Defense shall submit to the 

5 congressional defense committees a report on the funds, 

6 services, and equipment accepted and used by the Sec7 retary under this section during the previous fiscal year. 

8 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

9 prescribe regulations to carry out this section. 

10 ‘‘(g) DEFINITIONS.—In this section: 

11 ‘‘(1) COVERED ENTITY.—The term ‘covered en12 tity’ means a non-Federal entity that— 

13 ‘‘(A) is organized under the laws of the 

14 United States or of any jurisdiction within the 

15 United States; and 

16 ‘‘(B) is engaged in commercial space ac17 tivities. 

18 ‘‘(2) LAUNCH SUPPORT FACILITIES.—The term 

19 ‘launch support facilities’ has the meaning given 

20 that term in section 50501(7) of title 51. 

21 ‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.— 

22 The term ‘space recovery support facilities’ has the 

23 meaning given that term in section 50501(11) of 

24 title 51. 
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1 ‘‘(4) SPACE TRANSPORTATION INFRASTRUC2 TURE.—The term ‘space transportation infrastruc3 ture’ has the meaning given that term in section 

4 50501(12) of title 51.’’. 

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

6 at the beginning of chapter 135 of such title is amended 

7 by adding at the end the following new item: 

‘‘2275. Commercial space launch cooperation.’’. 

8 SEC. 913. REPORTS ON INTEGRATION OF ACQUISITION AND 

9 CAPABILITY DELIVERY SCHEDULES FOR 

10 COMPONENTS FOR MAJOR SATELLITE ACQUI11 SITION PROGRAMS AND FUNDING FOR SUCH 

12 PROGRAMS. 

13 (a) IN GENERAL.—Chapter 135 of title 10, United 

14 States Code, as amended by section 912 of this Act, is 

15 further amended by adding at the end the following new 

16 section: 

17 ‘‘§ 2276. Reports on integration of acquisition and ca18 pability delivery schedules for compo19 nents for major satellite acquisition pro20 grams and funding for such programs 

21 ‘‘(a) REPORTS REQUIRED.—The Under Secretary of 

22 Defense for Acquisition, Technology, and Logistics shall 

23 submit to the congressional defense committees a report 

24 on each major satellite acquisition program in accordance 

25 with subsection (d) that assesses— 
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1 ‘‘(1) the integration of the schedules for the ac2 quisition and the delivery of the capabilities of the 

3 components for the program; and 

4 ‘‘(2) funding for the program. 

5 ‘‘(b) ELEMENTS.—Each report required by sub6 section (a) with respect to a major satellite acquisition 

7 program shall include the following: 

8 ‘‘(1) The amount of funding approved for the 

9 program and for each related program that is nec10 essary for the operational capability of the program. 

11 ‘‘(2) The dates by which the program is antici12 pated to reach initial and full operational capability. 

13 ‘‘(3) An assessment of the extent to which the 

14 schedules for the acquisition and the delivery of the 

15 capabilities of the components for the program or 

16 any related program referred to in paragraph (1) 

17 are integrated. 

18 ‘‘(4) If the Under Secretary determines pursu19 ant to the assessment under paragraph (3) that the 

20 schedules for the acquisition and the delivery of the 

21 capabilities of the components for the program, or a 

22 related program referred to in paragraph (1), pro23 vide for the acquisition or the delivery of the capa24 bilities of at least two of the three components for 
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1 the program or related program more than one year 

2 apart, an identification of— 

3 ‘‘(A) the measures the Under Secretary is 

4 taking or is planning to take to improve the in5 tegration of those schedules; and 

6 ‘‘(B) the risks and challenges that impede 

7 the ability of the Department of Defense to 

8 fully integrate those schedules. 

9 ‘‘(c) CONSIDERATION BY MILESTONE DECISION AU10 THORITY.—The Milestone Decision Authority shall include 

11 the report required by subsection (a) with respect to a 

12 major satellite acquisition program as part of the docu13 mentation used to approve the acquisition of the program. 

14 ‘‘(d) SUBMITTAL OF REPORTS.—(1) In the case of 

15 a major satellite acquisition program initiated before the 

16 date of the enactment of the National Defense Authoriza17 tion Act for Fiscal Year 2013, the Under Secretary shall 

18 submit the report required by subsection (a) with respect 

19 to the program not later than one year after such date 

20 of enactment. 

21 ‘‘(2) In the case of a major satellite acquisition pro22 gram initiated on or after the date of the enactment of 

23 the National Defense Authorization Act for Fiscal Year 

24 2013, the Under Secretary shall submit the report re-
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1 quired by subsection (a) with respect to the program at 

2 the time of the Milestone B approval of the program. 

3 ‘‘(e) NOTIFICATION TO CONGRESS OF NON-INTE4 GRATED ACQUISITION AND CAPABILITY DELIVERY

5 SCHEDULES.—If, after submitting the report required by 

6 subsection (a) with respect to a major satellite acquisition 

7 program, the Under Secretary determines that the sched8 ules for the acquisition and the delivery of the capabilities 

9 of the components for the program, or a related program 

10 referred to in subsection (b)(1), provide for the acquisition 

11 or the delivery of the capabilities of at least two of the 

12 three components for the program or related program 

13 more than one year apart, the Under Secretary shall, not 

14 later than 30 days after making that determination, sub15 mit to the congressional defense committees a report— 

16 ‘‘(1) notifying the committees of that deter17 mination; and 

18 ‘‘(2) identifying the measures the Under Sec19 retary is taking or is planning to take to improve the 

20 integration of those schedules. 

21 ‘‘(f) DEFINITIONS.—In this section: 

22 ‘‘(1) COMPONENTS.—The term ‘components’, 

23 with respect to a major satellite acquisition program, 

24 refers to any satellites acquired under the program 
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1 and the ground equipment and user terminals nec2 essary for the operation of those satellites. 

3 ‘‘(2) MAJOR SATELLITE ACQUISITION PRO4 GRAM.—The term ‘major satellite acquisition pro5 gram’ means a major defense acquisition program 

6 (as defined in section 2430 of this title) for the ac7 quisition of a satellite. 

8 ‘‘(3) MILESTONE B APPROVAL.—The term 

9 ‘Milestone B approval’ has the meaning given that 

10 term in section 2366(e)(7) of this title.’’. 

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

12 at the beginning of chapter 135 of such title, as so amend13 ed, is further amended by adding at the end the following 

14 new item: 

‘‘2276. Reports on integration of acquisition and capability delivery schedules 

for components for major satellite acquisition programs and 

funding for such programs.’’. 

15 SEC. 914. DEPARTMENT OF DEFENSE REPRESENTATION IN 

16 DISPUTE RESOLUTION REGARDING SUR17 RENDER OF DEPARTMENT OF DEFENSE 

18 BANDS OF ELECTROMAGNETIC FRE19 QUENCIES. 

20 Section 1062(b)(1) of the National Defense Author21 ization Act for Fiscal Year 2000 (Public Law 106–65; 113 

22 Stat. 768; 47 U.S.C. 921 note) is amended— 

23 (1) in subparagraph (A), by striking ‘‘and’’ at 

24 the end; 
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1 (2) in subparagraph (B), by striking the period 

2 at the end and inserting ‘‘; and’’; and 

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

5 ‘‘(C) in the event of any dispute resolution 

6 process involving the surrender of use of such 

7 band, the Department of Defense has adequate 

8 representation to convey its views.’’. 

9 Subtitle C—Intelligence-Related 

10 and Cyber Matters 

11 SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTEL12 LIGENCE SUPPORT TO SECURITY ALLIANCES 

13 AND INTERNATIONAL AND REGIONAL ORGA14 NIZATIONS. 

15 (a) EXTENSION OF AUTHORITY TO SECURITY ALLI16 ANCES AND INTERNATIONAL AND REGIONAL ORGANIZA17 TIONS.—Section 443(a) of title 10, United States Code, 

18 is amended by inserting ‘‘, regional organizations with de19 fense or security components, and international organiza20 tions and security alliances of which the United States is 

21 a member’’ after ‘‘foreign countries’’. 

22 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

23 (1) HEADING AMENDMENT.—The heading of 

24 section 443 of such title is amended to read as fol25 lows: 
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1 ‘‘§ 443. Imagery intelligence and geospatial informa2 tion: support for foreign countries, secu3 rity alliances, and international and re4 gional organizations’’. 

5 (2) TABLE OF SECTIONS.—The table of sections 

6 at the beginning of subchapter I of chapter 22 of 

7 such title is amended by striking the item relating 

8 to section 443 and inserting the following new item: 

‘‘443. Imagery intelligence and geospatial information: support for foreign countries, security alliances, and international and regional organizations.’’. 

9 SEC. 922. ARMY DISTRIBUTED COMMON GROUND SYSTEM. 

10 (a) ASSIGNMENT OF RESPONSIBILITY FOR OVER11 SIGHT.—The Secretary of the Army shall assign responsi12 bility for oversight of the development, acquisition, testing, 

13 and fielding of the Distributed Common Ground System 

14 (DCGS) cloud computing program of the Army to the 

15 Chief Information Officer of the Army ((CIO)/G–6). 

16 (b) REVIEW OF PROGRAM.— 

17 (1) IN GENERAL.—Not later than December 1, 

18 2012, the Chief Information Officer shall submit to 

19 the Secretary a report on a review of the Distributed 

20 Common Ground System cloud computing program 

21 of the Army conducted by the Chief Information Of22 ficer for purposes of this section. 

23 (2) ELEMENTS.—The report shall include the 

24 following: 
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1 (A) An assessment of the program in com2 parison with commercial products, if applicable, 

3 with respect to each of the following: 

4 (i) The effectiveness of analyst tools, 

5 user interfaces, and data visualization in 

6 supporting analyst missions and require7 ments. 

8 (ii) Training requirements for ana9 lysts. 

10 (iii) Ease of use for analysts. 

11 (iv) Rates of progress in developing 

12 analyst tools and linking tools for standard 

13 workflows. 

14 (B) An assessment of the soundness of the 

15 past decisions of the Army, and the future 

16 plans of the Army, for acquiring and inte17 grating analyst tools, user interfaces, and data 

18 visualization capabilities through government19 sponsored custom development, leasing of com20 mercial solutions, and government open source 

21 development. 

22 (C) Such recommendations regarding the 

23 program as the Chief Information Officer con24 siders appropriate in light of the review under 

25 this subsection. 
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1 SEC. 923. RATIONALIZATION OF CYBER NETWORKS AND 

2 CYBER PERSONNEL OF THE DEPARTMENT OF 

3 DEFENSE. 

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

5 take appropriate actions to substantially reduce the num6 ber of sub-networks and network enclaves across the De7 partment of Defense, and the associated security and ac8 cess management controls, in order to achieve the fol9 lowing objectives for the Department: 

10 (1) Visibility for the United States Cyber Com11 mand in the operational and security status of all 

12 networks, network equipment, and computers. 

13 (2) Elimination of redundant network security 

14 infrastructure and personnel. 

15 (3) Rationalization and consolidation of cyber 

16 attack detection, diagnosis, and response resources, 

17 and elimination of gaps in security coverage. 

18 (4) Reduction of barriers to information shar19 ing and enhancement of the capacity to rapidly cre20 ate collaborative communities of interest. 

21 (5) Enhancement of access to information 

22 through authentication-based and identity-based ac23 cess controls. 

24 (6) Enhancement of the capacity to deploy, and 

25 achieve access to, enterprise-level services. 
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1 (7) Separation of server and end-user device 

2 computing to facilitate server and data center con3 solidation and a more secure tiered and zoned net4 work architecture. 

5 (b) PERSONNEL PLAN.— 

6 (1) IN GENERAL.—As part of the actions taken 

7 under subsection (a), the Secretary shall establish 

8 and carry out a plan to reassign personnel billets 

9 currently allocated to network operations and secu10 rity that will become available pursuant to the re11 duction in network enclaves required by that sub12 section to tasks related to potential offensive cyber 

13 operations in order to achieve an appropriate bal14 ance between the offensive and defensive missions of 

15 the United States Cyber Command and its compo16 nents. The plan shall include targets for the number 

17 of personnel to be reassigned to tasks related to of18 fensive operations, and the rate at which such per19 sonnel shall be added to the workforce for such 

20 tasks. 

21 (2) DISPOSITION OF PERSONNEL.—In devel22 oping the plan required by paragraph (1), the Sec23 retary shall— 

24 (A) determine whether the number of per25 sonnel required to be reassigned to tasks re-
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1 lated to offensive operations in order to achieve 

2 the balance described in paragraph (1) will be 

3 met, in pace and numbers, through the reas4 signment of personnel billets pursuant to the 

5 plan; and 

6 (B) if the Secretary determines that the 

7 number of personnel so required will not be so 

8 met (whether because of insufficient numbers of 

9 personnel in billets to be reassigned or because 

10 personnel available for reassignment cannot be 

11 trained or directed to tasks related to offensive 

12 operations), take appropriate actions to ensure 

13 the availability to the United States Cyber 

14 Command of appropriate numbers of personnel 

15 qualified to undertake tasks related to offensive 

16 operations. 

17 (3) ADDITIONAL ELEMENTS.—In developing the 

18 plan required by paragraph (1), the Secretary shall 

19 also— 

20 (A) identify targets for the number of per21 sonnel to be reassigned to tasks related to of22 fensive cyber operations, and the rate at which 

23 such personnel shall be added to the workforce 

24 for such tasks; and 
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1 (B) identify targets for use of National 

2 Guard personnel to support cyber workforce ra3 tionalization and the actions taken under sub4 section (a). 

5 (4) SUBMITTAL TO CONGRESS.—The Secretary 

6 shall submit the plan required by paragraph (1) to 

7 the congressional defense committees at the time of 

8 the submittal to Congress of the budget of the Presi9 dent for fiscal year 2014 pursuant to section 

10 1105(a) of title 31, United States Code. 

11 SEC. 924. 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 coordination with the Under Sec17 retary of Defense for Acquisition, Technology, and Logis18 tics, develop a strategy to acquire next-generation host19 based cybersecurity tools and capabilities (in this section 

20 referred to as a ‘‘next-generation system’’) for the Depart21 ment of Defense. 

22 (b) ELEMENTS OF SYSTEM.—It is the sense of Con23 gress that any next-generation system acquired under the 

24 strategy required by subsection (a) should meet the fol25 lowing requirements: 
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1 (1) To overcome problems and limitations in 

2 current capabilities, the system should not rely on 

3 anti-virus or signature-based threat detection tech4 niques that— 

5 (A) cannot address new or rapidly 

6 morphing threats: 

7 (B) consume substantial amounts of com8 munications capacity to remain current with 

9 known threats and to report current status; or 

10 (C) consume substantial amounts of re11 sources to store rapidly growing threat libraries. 

12 (2) The system should provide an open archi13 tecture-based framework for so-called ‘‘plug-and14 play’’ integration of a variety of types of deployable 

15 tools in addition to cyber intrusion detection tools, 

16 including tools for— 

17 (A) insider threat detection; 

18 (B) continuous monitoring and configura19 tion management; 

20 (C) remediation following infections; and 

21 (D) protection techniques that do not rely 

22 on detection of the attack, such as 

23 virtualization, and diversification of attack sur24 faces. 
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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 Office 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. 925. IMPROVEMENTS OF SECURITY, QUALITY, AND 

15 COMPETITION IN COMPUTER SOFTWARE 

16 PROCURED BY THE DEPARTMENT OF DE17 FENSE. 

18 (a) COMPREHENSIVE PROGRAM ON IMPROVEMENT

19 OF PROCUREMENT OF COMPUTER SOFTWARE.—The 

20 Under Secretary of Defense for Acquisition, Technology, 

21 and Logistics shall, in coordination with the Chief Infor22 mation Officer of the Department of Defense, develop a 

23 comprehensive program for improvements of the security, 

24 quality, and competition in the computer software pro25 cured by the Department of Defense for covered systems 
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1 (b) UPDATE OF DEVELOPMENT AND ACQUISITION

2 MODELS.— 

3 (1) IN GENERAL.—The Under Secretary of De4 fense for Acquisition, Technology, and Logistics 

5 shall, in coordination with the Chief Information Of6 ficer, provide for the development of updates and 

7 improvements to one or more existing best-practice 

8 development and acquisition models (such as the Ca9 pability Maturity Model Integration) in order to pro10 vide explicit guidance under such model or models 

11 for improved assurance, security, quality, and resil12 iency in the computer software developed and pro13 cured by the Department. 

14 (2) ELEMENTS.—Any update or improvement 

15 to a development and acquisition model under this 

16 subsection shall— 

17 (A) include diagnostic methods that enable 

18 evaluations of conformance to the processes and 

19 best practices of the model for achieving qual20 ity, assurance, and security throughout the life 

21 cycle of software products concerned; and 

22 (B) be compatible with the variety of cur23 rent agile and incremental software develop24 ment methodologies. 
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1 (c) REQUIREMENTS FOR SECURE CODE DEVELOP2 MENT PRACTICES.—The Under Secretary shall, in coordi3 nation with the Chief Information Officer— 

4 (1) direct the Director of the Defense Informa5 tion Systems Agency to modify the Application Secu6 rity and Development Security Technical Implemen7 tation Guide (STIG) to require (rather than highly 

8 recommend) the use of automated static vulner9 ability analysis tools in the computer software code 

10 development phase, and in development and oper11 ational testing, to identify and remediate security 

12 vulnerabilities for covered systems; 

13 (2) develop a list of qualified government and 

14 private-sector static analysis tools and third-party 

15 testing organizations to support the requirement 

16 under paragraph (1); 

17 (3) direct the Director— 

18 (A) to designate secure software coding 

19 standards; and 

20 (B) to modify the Security Technical Im21 plementation Guide to reference the approved 

22 standards; and 

23 (4) develop guidance and direction for Depart24 ment program managers to require government soft25 ware development and maintenance organizations 
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1 and contractors to identify and implement, through 

2 contract statements of work, a secure software cod3 ing plan that includes verifiable processes and prac4 tices. 

5 (d) VERIFICATION OF EFFECTIVE IMPLEMENTA6 TION.—The Under Secretary shall, in coordination with 

7 the Chief Information Officer, develop guidance and direc8 tion for Department program managers for covered sys9 tems to do as follows: 

10 (1) To require evidence that government soft11 ware development and maintenance organizations 

12 and contractors are conforming in computer soft13 ware coding to— 

14 (A) approved secure coding standards of 

15 the Department during software development, 

16 upgrade and maintenance activities, including 

17 through the use of inspection and appraisals; 

18 (B) an applicable best practice develop19 ment and acquisition model; and 

20 (C) the requirement established pursuant 

21 to subsection (b)(1). 

22 (2) To make appropriate use of authorized soft23 ware code assessment centers (whether a govern24 ment center, Federally funded research and develop25 ment center, or government contractor) to evaluate 
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1 applications and software products for conformance 

2 to secure coding requirements. 

3 (e) STUDY ON ADDITIONAL MEANS OF IMPROVING

4 SOFTWARE SECURITY.— 

5 (1) IN GENERAL.—The Under Secretary shall, 

6 in coordination with the Chief Information Officer, 

7 provide for a study of potential mechanisms for ob8 taining higher quality and secure development of 

9 computer software for the Department. 

10 (2) MECHANISMS TO BE STUDIED.—The mech11 anisms studied under paragraph (1) may include the 

12 following: 

13 (A) Liability for defects or vulnerabilities 

14 in software code. 

15 (B) So-called ‘‘clawback’’ provisions on 

16 earned fees that enable the Department to re17 coup funds for security vulnerabilities discov18 ered after software is delivered. 

19 (C) Exemption from liability for rigorous 

20 conformance with secure development processes. 

21 (D) Warranties against software defects 

22 and vulnerabilities. 

23 (f) SOFTWARE REPOSITORIES AND COLLABORATIVE

24 DEVELOPMENT ENVIRONMENTS.—The Under Secretary 

25 shall, in consultation with the Chief Information Officer— 
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1 (1) establish or require the use of one or more 

2 existing computer software repositories and collabo3 rative computer software development environments 

4 (such as Forge.mil managed by the Defense Infor5 mation Systems Agency) for covered systems for 

6 purposes of— 

7 (A) storing software code owned by the 

8 government, or to which it has use rights, to9 gether with all associated documentation and 

10 quality and security test results; 

11 (B) minimizing duplicative investment in 

12 software code development infrastructure while 

13 promoting common, high-quality development 

14 practices and facilitating sharing of best prac15 tices; and 

16 (C) promoting software re-use and com17 petition for software capability insertion, up18 grades, and maintenance; 

19 (2) establish rules and procedures for deposi20 tors in the repositories and environments provided 

21 for under paragraph (1) to keep the software code 

22 base current, if the depositors are not already using 

23 such a repository or environment for software devel24 opment and life-cycle management; and 
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1 (3) ensure that the repositories and environ2 ments provided for under paragraph (1) provide 

3 automated tools for software reverse engineering, 

4 functionality analysis, and static and dynamic vul5 nerability analysis of source code and binary code in 

6 order to enable users to search for software relevant 

7 to their requirements, understand what the code 

8 does and how it functions, and assess its quality and 

9 security. 

10 (g) COVERED SYSTEMS DEFINED.—In this section, 

11 the term ‘‘covered systems’’ means any Department of De12 fense critical information systems and weapons systems, 

13 including— 

14 (1) major systems, as that term is defined in 

15 section 2302(5) of title 10, United States Code; 

16 (2) national security systems, as that term is 

17 defined in section 3542(b)(2) of title 44, United 

18 States Code; and 

19 (3) Department of Defense information systems 

20 categorized as Mission Assurance Category I in De21 partment of Defense Directive 8500.01E that are 

22 funded by the Department of Defense. 
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1 SEC. 926. COMPETITION IN CONNECTION WITH DEPART2 MENT OF DEFENSE DATA LINK SYSTEMS. 

3 (a) COMPETITION IN CONNECTION WITH DATA LINK

4 SYSTEMS.— 

5 (1) IN GENERAL.—Not later than December 1, 

6 2013, the Under Secretary of Defense for Acquisi7 tion, Technology, and Logistics shall— 

8 (A) develop an inventory of all data link 

9 systems in use and in development in the De10 partment of Defense; 

11 (B) conduct a business case analysis of 

12 each data link system contained in the inven13 tory under subparagraph (A) to determine 

14 whether— 

15 (i) the maintenance, upgrade, new de16 ployment, or replacement of such system 

17 should be open to competition; or 

18 (ii) the data link should be converted 

19 to an open architecture, or a different data 

20 link standard should be adopted to enable 

21 such competition; 

22 (C) for each data link system for which 

23 competition is determined advisable under 

24 clause (i) or (ii) of subparagraph (B), develop 

25 a plan (with specific objectives, actions, and 

26 schedules) to achieve such competition, includ-
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1 ing a plan to address any policy, legal, pro2 grammatic, or technical barriers to such com3 petition; and 

4 (D) for each data link system for which 

5 competition is determined not advisable under 

6 subparagraph (B), prepare a justification for 

7 the determination that it is not practical to con8 duct such competition or to convert the data 

9 link standard to open architecture or adopt a 

10 different data link standard for which competi11 tion is feasible. 

12 (2) ELEMENT OF BUSINESS CASE ANALYSES.— 

13 In conducting a business case analysis for purposes 

14 of paragraph (1)(B), the Under Secretary shall so15 licit the views of industry on the merits and feasi16 bility of introducing competition for the mainte17 nance, upgrade, new deployment, or replacement for 

18 the data link system in question. 

19 (b) EARLIER ACTIONS.—If the Under Secretary com20 pletes any portion of the plan described in subsection 

21 (a)(1)(C) before December 1, 2013, the Secretary may 

22 commence action on such portion of the plan upon comple23 tion of such portion, including publication of such portion 

24 of the plan. 

25 (c) REPORTS.— 
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1 (1) SUBMITTAL OF PLAN TO CONGRESS.—The 

2 Under Secretary shall submit to Congress the plan 

3 described in subsection (a)(1)(C) at the same time 

4 the budget of the President for fiscal year 2015 is 

5 submitted to Congress pursuant to section 1105(a) 

6 of title 31, United States Code. The Under Sec7 retary shall include with the plan— 

8 (A) a list of the data link systems covered 

9 by subsection (a)(1)(C); 

10 (B) a list of the data link systems covered 

11 by subsection (a)(1)(D); and 

12 (C) for each data link system covered by 

13 subsection (a)(1)(D), the justification prepared 

14 under that subsection with respect to the data 

15 link system. 

16 (2) COMPTROLLER OF THE UNITED STATES AS17 SESSMENT.—Not later than 90 days after the sub18 mittal to Congress under paragraph (1) of the plan 

19 described in subsection (a)(1)(C), the Comptroller 

20 General of the United States shall submit to Con21 gress a report setting forth the assessment of the 

22 Comptroller General of the plan, including an as23 sessment of the adequacy and objectives of the plan. 
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1 SEC. 927. INTEGRATION OF CRITICAL SIGNALS INTEL2 LIGENCE CAPABILITIES. 

3 (a) PLAN FOR INTEGRATION REQUIRED.— 

4 (1) IN GENERAL.—Not later than January 1, 

5 2013, the Director of the Intelligence, Surveillance, 

6 and Reconnaissance (ISR) Task Force shall develop 

7 a plan to rapidly achieve an operationally integrated 

8 signals intelligence collection and dissemination ca9 pability to meet requirements for detecting, tracking, 

10 and precisely geolocating high-band communications 

11 devices in order to trigger the immediate observation 

12 and tracking of high-value targets by imagery sensor 

13 by combining or integrating capabilities that exist or 

14 are in development in ongoing programs, including 

15 the following: 

16 (A) The Guardrail program and the 

17 ARGUS A160 program of the Army. 

18 (B) The Blue Moon quick reaction capa19 bility program of the Air Force. 

20 (C) The Wide Area Network Detection 

21 program of the Defense Advanced Research 

22 Projects Agency (DARPA). 

23 (2) CONSULTATION.—The Director shall con24 sult with the National Security Agency, the combat25 ant commands (including the United States Special 

26 Operations Command), and the formal wireless 
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1 working groups of the intelligence community in de2 veloping the plan. 

3 (3) SUPPORT.—The Secretary of the Army, the 

4 Secretary of the Air Force, and the Director of the 

5 Defense Advanced Research Projects Agency shall 

6 each provide the Director such information and sup7 port as the Director shall require for the develop8 ment of the plan. 

9 (b) DEVELOPMENT AND DEPLOYMENT.—In addition 

10 to the responsibility under subsection (a), the Director of 

11 the Intelligence, Surveillance, and Reconnaissance Task 

12 Force shall also coordinate funding, provide acquisition 

13 oversight, coordinate system deployment, and synchronize 

14 operational integration in support of combat operations 

15 for purposes of the development and deployment of the 

16 capability described in that subsection. 

17 SEC. 928. COLLECTION AND ANALYSIS OF NETWORK FLOW 

18 DATA. 

19 (a) DEVELOPMENT OF TECHNOLOGIES.—The Chief 

20 Information Officer of the Department of Defense may, 

21 in coordination with the Under Secretary of Defense for 

22 Policy and the Under Secretary of Defense for Intelligence 

23 and acting through the Director of the Defense Informa24 tion Systems Agency (DISA), use the available funding 

25 and research activities and capabilities of the Community 
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1 Data Center of the Defense Information Systems Agency 

2 to develop and demonstrate collection, processing, and 

3 storage technologies for network flow data that— 

4 (1) are potentially scalable to the volume used 

5 by Tier 1 Internet Service Providers (ISPs) to col6 lect and analyze the flow data across their networks; 

7 (2) will substantially reduce the cost and com8 plexity of capturing and analyzing high volumes of 

9 flow data; and 

10 (3) support the capability— 

11 (A) to detect and identify cybersecurity 

12 threats, networks of compromised computers, 

13 and command and control sites used for man14 aging illicit cyber operations and receiving in15 formation from compromised computers; 

16 (B) track illicit cyber operations for attri17 bution of the source; and 

18 (C) provide early warning and attack as19 sessment of offensive cyber operations. 

20 (b) COORDINATION.—Any research and development 

21 required in the development of the technologies described 

22 in subsection (a) shall be conducted in cooperation with 

23 the heads of other appropriate departments and agencies 

24 of the Federal Government and, whenever feasible, Tier 

25 1 Internet Service Providers. 
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1 SEC. 929. DEPARTMENT OF DEFENSE USE OF NATIONAL SE2 CURITY AGENCY CLOUD COMPUTING DATA3 BASE AND INTELLIGENCE COMMUNITY 

4 CLOUD COMPUTING INFRASTRUCTURE AND 

5 SERVICES. 

6 (a) LIMITATION ON USE OF NSA DATABASE.— 

7 (1) LIMITATION.—No component of the De8 partment of Defense may utilize the cloud com9 puting database developed by the National Security 

10 Agency (NSA) called Accumulo after September 30, 

11 2013, unless the Chief Information Officer of the 

12 Department of Defense certifies one of the following: 

13 (A) That there are no viable commercial 

14 open source databases with extensive industry 

15 support (such as the Apache Foundation 

16 HBase and Cassandra databases) that have se17 curity features comparable to the Accumulo 

18 database that are considered essential by the 

19 Chief Information Officer for purposes of the 

20 certification under this paragraph. 

21 (B) That the Accumulo database has be22 come a successful Apache Foundation open 

23 source database with adequate industry support 

24 and diversification, based on criteria to be es25 tablished by the Chief Information Officer for 

26 purposes of the certification under this para-
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1 graph and submitted to the appropriate com2 mittees of Congress not later than January 1, 

3 2013. 

4 (2) CONSTRUCTION.—The limitation in para5 graph (1) shall not apply to the National Security 

6 Agency. 

7 (b) ADAPTATION OF ACCUMULO SECURITY FEA8 TURES TO HBASE DATABASE.—The Director of the Na9 tional Security Agency shall take appropriate actions to 

10 ensure that companies and organizations developing and 

11 supporting open source and commercial open source 

12 versions of the Apache Foundation HBase and Cassandra 

13 databases, or similar systems, receive technical assistance 

14 from government and contractor developers of software 

15 code for the Accumulo database to enable adaptation and 

16 integration of the security features of the Accumulo data17 base. 

18 (c) COORDINATION REGARDING DOD USE OF INTEL19 LIGENCE COMMUNITY CLOUD COMPUTING INFRASTRUC20 TURE AND SERVICES.— 

21 (1) IN GENERAL.—The Under Secretary of De22 fense for Acquisition, Technology, and Logistics, the 

23 Chief Information Officer of the Department of De24 fense, and the Chief Information Officer of each of 

25 the military departments shall coordinate with the 
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1 Director of National Intelligence and the Under Sec2 retary of Defense for Intelligence regarding the use 

3 of cloud computing infrastructure and software serv4 ices offered by the intelligence community by compo5 nents of the Department of Defense for purposes 

6 other than intelligence analysis. 

7 (2) PURPOSE.—The purpose of the coordination 

8 required by paragraph (1) is to ensure that Depart9 ment use of cloud computing infrastructure and 

10 software services described in that paragraph is cost11 effective and consistent with the Information Tech12 nology Efficiencies initiative, data center and server 

13 consolidation plans, and cybersecurity requirements 

14 and policies of the Department. 

15 (d) APPROPRIATE COMMITTEES OF CONGRESS DE16 FINED.—In this section, the term ‘‘appropriate commit17 tees of Congress’’ means— 

18 (1) the Committees on Armed Services and Ap19 propriations and the Select Committee on Intel20 ligence of the Senate; and 

21 (2) the Committees on Armed Services and Ap22 propriations and the Permanent Select Committee 

23 on Intelligence of the House of Representatives. 
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1 SEC. 930. ELECTRO-OPTICAL IMAGERY. 

2 (a) SUSTAINMENT OF COLLECTION CAPACITY.—The 

3 Secretary of Defense and the Director of National Intel4 ligence shall jointly take appropriate actions to sustain 

5 through fiscal year 2013 the commercial electro-optical 

6 imaging collection capacity that was planned under the 

7 Enhanced View program approved in the National De8 fense Authorization Act for Fiscal Year 2012 (Public Law 

9 112–81) to be available to the Department of Defense 

10 though the Service Level Agreements with commercial 

11 data providers. 

12 (b) IDENTIFICATION OF DEPARTMENT OF DEFENSE

13 ELECTRO-OPTICAL IMAGERY REQUIREMENTS.— 

14 (1) REPORT.—Not later than April 1, 2013, the 

15 Vice Chairman of the Joint Chiefs of Staff shall sub16 mit to the Director of the Congressional Budget Of17 fice a report setting forth a comprehensive descrip18 tion of Department of Defense peacetime and war19 time requirements for electro-optical imagery under 

20 current circumstances and under anticipated revi21 sions of strategy and budgetary constraints. 

22 (2) SCOPE OF REQUIREMENTS.—The require23 ments under paragraph (1) shall— 

24 (A) be expressed in such terms as daily re25 gional and global area coverage and number of 

26 point targets, resolution, revisit rates, mean- 
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1 time to access, latency, redundancy, surviv2 ability, and diversity; and 

3 (B) take into consideration all types of im4 agery and collection means available. 

5 (c) ASSESSMENT OF IDENTIFIED REQUIREMENTS.— 

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

7 15, 2013, the Director of the Congressional Budget 

8 Office shall submit to the appropriate committees of 

9 Congress a report setting forth an assessment by the 

10 Director of the report required by subsection (b). 

11 (2) ELEMENTS.—The assessment required by 

12 paragraph (1) shall include an assessment of the fol13 lowing: 

14 (A) The extent to which the requirements 

15 of the Department for electro-optical imagery 

16 from space can be satisfied by commercial com17 panies using either— 

18 (i) current designs; or 

19 (ii) enhanced designs that could be 

20 developed at low risk. 

21 (B) Whether a reduction by half in the 

22 amounts requested for the Enhanced View pro23 gram for fiscal year 2013 from amounts re24 quested for that program for fiscal year 2012 

25 is consistent with Presidential Space Policy of 
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1 June 2010, Presidential Policy Directive 4, ap2 plicable provisions of the Federal Acquisition 

3 Regulation (10.001(a)(3)(ii) and 12.101(a)– 

4 (b)), and section 2377 of title 10, United States 

5 Code, regarding preferences for procuring com6 mercial capabilities and modifying as necessary 

7 and feasible commercial capabilities to meet 

8 government requirements, and for modifying 

9 government requirements to a reasonable extent 

10 to enable commercial or non-developmental 

11 products to meet government needs. 

12 (3) CONSULTATION AND OTHER RESOURCES.— 

13 In preparing the assessment required by paragraph 

14 (1), the Director shall— 

15 (A) consult widely with appropriate indi16 viduals and entities, including Members and 

17 committees of Congress, the Office of Manage18 ment and Budget and other agencies and offi19 cials of the Government, private industry, and 

20 academia; and 

21 (B) make maximum use of existing studies 

22 and modeling and simulations conducted by or 

23 on behalf of Members and committees of Con24 gress, the Joint Staff, the Director of National 

25 Intelligence, the National Reconnaissance Of-
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1 fice, the National Geospatial-Intelligence Agen2 cy, private industry, and academia. 

3 (4) ACCESS TO INFORMATION.—The Director of 

4 National Intelligence and the Secretary of Defense 

5 shall each provide the staff of the Director of the 

6 Congressional Budget Office with such access to in7 formation and programs applicable to the assess8 ment required by paragraph (1) as the Director of 

9 the Congressional Budget Office shall require for the 

10 preparation of the assessment. 

11 (d) APPROPRIATE COMMITTEES OF CONGRESS DE12 FINED.—In this section, the term ‘‘appropriate commit13 tees of Congress’’ means— 

14 (1) the Committees on Armed Services and Ap15 propriations and the Select Committee on Intel16 ligence of the Senate; and 

17 (2) the Committees on Armed Services and Ap18 propriations and the Permanent Select Committee 

19 on Intelligence of the House of Representatives. 

20 (e) FUNDING.—In addition to any other amounts au21 thorized to be appropriated by this Act and available for 

22 Service Level Agreements described in subsection (a), of 

23 the amounts authorized to be appropriated for fiscal year 

24 2013 by section 301 for operation and maintenance and 

25 available as specified in the funding table in section 4301, 
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1 $125,000,000 is available for such Service Level Agree2 ments. 

3 SEC. 931. SOFTWARE LICENSES OF THE DEPARTMENT OF 

4 DEFENSE. 

5 (a) AUDITS.—Not later than 180 days after the date 

6 of the enactment of this Act, and every two years there7 after, the Chief Information Officer of the Department of 

8 the Defense shall, in consultation with chief information 

9 officers of the military departments and the Defense 

10 Agencies— 

11 (1) conduct an inventory of all existing software 

12 licenses in favor of the Department of Defense, in13 cluding licenses in use and licenses not in use, on an 

14 application-by-application basis; 

15 (2) compare the number of software licenses in 

16 use, and the manner of their use by Department em17 ployees, with the number of software licenses avail18 able to the Department and the product use rights 

19 contained in such licenses; 

20 (3) assess the needs of the Department and the 

21 components of the Department for software licenses 

22 during the two fiscal years next following the date 

23 of the completion of the inventory; and 

24 (4) determine means by which the Department 

25 can achieve the greatest possible economies of scale 
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1 and cost-savings in the procurement, use, and opti2 mization of software licenses. 

3 (b) PERFORMANCE PLAN.— 

4 (1) IN GENERAL.—If the Chief Information Of5 ficer determines through an inventory conducted 

6 under subsection (a) that the number of existing 

7 software licenses, on an application-by-application 

8 basis, of the Department and the components of the 

9 Department exceeds the needs of the Department 

10 for such software licenses, the Secretary of Defense 

11 shall, not later than 90 days after the date of the 

12 completion of such inventory, implement a plan to 

13 bring the number of software licenses, on an applica14 tion-by-application basis, into balance with the needs 

15 of the Department. 

16 (2) EXCEPTIONS.—The Chief Information Offi17 cer may exempt from coverage under a plan under 

18 paragraph (1) such applications or categories of ap19 plications as the Chief Information Officer considers 

20 appropriate. Immediately upon finalizing the appli21 cations or categories of applications to be exempt 

22 from coverage under a plan, the Chief Information 

23 Officer shall submit to the congressional defense 

24 committees a report (in classified form, if required) 
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1 setting forth the applications or categories of appli2 cations to be exempt from coverage under the plan. 

3 SEC. 932. DEFENSE CLANDESTINE SERVICE. 

4 (a) PROHIBITION ON USE OF FUNDS FOR ADDI5 TIONAL PERSONNEL.—Amounts authorized to be appro6 priated by this Act for the Military Intelligence Program 

7 (MIP) may not be obligated or expended to provide for 

8 a number of personnel conducting or supporting human 

9 intelligence within the Department of Defense in excess 

10 of the number of such personnel as of April 20, 2012. 

11 (b) CAPE REPORT ON COSTS.—Not later than 120 

12 days after the date of the enactment of this Act, the Direc13 tor of Cost Assessment and Program Evaluation of the 

14 Department of Defense shall submit to the appropriate 

15 committees of Congress an independent estimate of the 

16 costs of the Defense Clandestine Service, whether funded 

17 through the Military Intelligence Program or the National 

18 Intelligence Program, including an estimate of the costs 

19 over the period of the current future-years defense pro20 gram and an estimate of the out year costs. 

21 (c) USDI REPORT ON DCS.— 

22 (1) REPORT REQUIRED.—Not later than Feb23 ruary 1, 2013, the Under Secretary of Defense for 

24 Intelligence shall submit to the appropriate commit-
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1 tees of Congress a report on the Defense Clandes2 tine Service. 

3 (2) ELEMENTS.—The report under paragraph 

4 (1) shall include the following: 

5 (A) A detailed description of the location 

6 and schedule for current and anticipated de7 ployments of case officers trained under the 

8 Field Tradecraft Course, whether overseas or 

9 domestically, and a certification whether or not 

10 such deployments can be accommodated and 

11 supported. 

12 (B) A statement of the objectives for the 

13 effective management of case officers trained 

14 under the Field Tradecraft Course for each of 

15 the Armed Forces, the Defense Intelligence 

16 Agency, and the United States Special Oper17 ations Command, including objectives on num18 bers of tours requiring training in the Field 

19 Tradecraft Course and objectives for manage20 ment of career tracks and case officer covers. 

21 (C) A statement of the manner in which 

22 each Armed Force, the Defense Intelligence 

23 Agency, and the United States Special Oper24 ations Command will each achieve the objectives 

25 applicable thereto under subparagraph (B). 
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1 (D) A copy of any memoranda of under2 standing or memoranda of agreement between 

3 the Department of Defense and other depart4 ments and agencies of the United States Gov5 ernment, or between components or elements of 

6 the Department of Defense, that are required 

7 to implement objectives for the Defense Clan8 destine Service. 

9 (d) DEFINITIONS.—In this section: 

10 (1) The term ‘‘appropriate committees of Con11 gress’’ means— 

12 (A) the Committees on Armed Services 

13 and Appropriations and the Select Committee 

14 on Intelligence of the Senate; and 

15 (B) the Committees on Armed Services 

16 and Appropriations and the Permanent Select 

17 Committee on Intelligence of the House of Rep18 resentatives. 

19 (2) The term ‘‘future-years defense program’’ 

20 means the future-years defense program under sec21 tion 221 of title 10, United States Code. 
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1 SEC. 933. AUTHORITY FOR SHORT-TERM EXTENSION OF 

2 LEASE FOR AIRCRAFT SUPPORTING THE 

3 BLUE DEVIL INTELLIGENCE, SURVEILLANCE, 

4 AND RECONNAISSANCE PROGRAM. 

5 (a) IN GENERAL.—Notwithstanding section 2401 of 

6 title 10, United States Code, the Secretary of the Air 

7 Force may extend or renew the lease of aircraft supporting 

8 the Blue Devil intelligence, surveillance, and reconnais9 sance program after the date of the expiration of the cur10 rent lease of such aircraft for a term that is the shorter 

11 of— 

12 (1) the period beginning on the date of the ex13 piration of the current lease and ending on the date 

14 on which the Commander of the United States Cen15 tral Command notifies the Secretary that a sub16 stitute is available for the capabilities provided by 

17 the lease, or that the capabilities provided by such 

18 aircraft are no longer required; or 

19 (2) six months. 

20 (b) FUNDING.—Amounts authorized to be appro21 priated for fiscal year 2013 by title XV and available for 

22 Overseas Contingency Operations for operation and main23 tenance as specified in the funding tables in section 4302 

24 may be available for the extension or renewal of the lease 

25 authorized by subsection (a). 
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1 SEC. 934. SENSE OF SENATE ON POTENTIAL SECURITY 

2 RISKS TO DEPARTMENT OF DEFENSE NET3 WORKS. 

4 (a) FINDINGS.—The Senate makes the following 

5 findings: 

6 (1) Cybersecurity threats are pervasive and se7 rious, including through the supply chain of infor8 mation technology equipment and software. 

9 (2) Semiconductor manufacturing is already 

10 dominated by foreign producers, presenting supply 

11 chain risk management challenges. 

12 (3) In a number of instances, foreign manufac13 turers of telecommunications equipment, including 

14 advanced wireless technology, are gaining global 

15 market share due to high quality and low prices. 

16 Competitive market forces ensure that commercial 

17 providers of consumer, business, and government 

18 systems and services will choose equipment and as19 sociated software from these manufacturers. In some 

20 cases, like Huawei Industries, this competitive posi21 tion stems in part from inappropriate government 

22 subsidies and other forms of assistance. 

23 (4) Some of these companies also present clear 

24 cybersecurity supply chain risks that the Govern25 ment must address. 
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1 (5) The Committee on Foreign Investment in 

2 the United States has blocked the attempt by 

3 Huawei to acquire United States technology firms 

4 on two occasions and the National Security Agency 

5 and the Secretary of Commerce have advised two 

6 major United States telecommunications carriers 

7 against selecting Huawei as a supplier. 

8 (6) The Ike Skelton National Defense Author9 ization Act for Fiscal Year 2011 (Public Law 111– 

10 383) provided authority and mechanisms for the 

11 Secretary of Defense to control these supply chain 

12 risks, but only for National Security Systems, leav13 ing many information technology systems and mis14 sions exposed to supply chain risks. 

15 (7) Blocking sales from providers of informa16 tion technology systems and services due to concerns 

17 about cybersecurity risks, while maintaining our 

18 commitment to free trade and fair and transparent 

19 competition, poses difficult policy challenges. 

20 (b) SENSE OF SENATE.—It is the sense of the Senate 

21 that the Department of Defense— 

22 (1) must ensure it maintains full visibility and 

23 adequate control of its supply chain, including sub24 contractors, in order to mitigate supply chain exploi25 tation; and 
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1 (2) needs the authority and capability to miti2 gate supply chain risks to its information technology 

3 systems that fall outside the scope of National Secu4 rity Systems. 

5 SEC. 935. SENSE OF CONGRESS ON THE UNITED STATES 

6 CYBER COMMAND. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) On June 23, 2009, the Secretary of Defense 

10 directed the Commander of the United States Stra11 tegic Command to establish the United States Cyber 

12 Command, which became operational on May 21, 

13 2010, and operates as a sub-unified command subor14 dinate to the United States Strategic Command. 

15 (2) In May 2012, media reports indicated that 

16 General Martin Dempsey, the Chairman of the Joint 

17 Chiefs of Staff, planned to recommend to Secretary 

18 of Defense Leon Panetta that the two-year-old 

19 United States Cyber Command be elevated to full 

20 combatant command status. 

21 (3) On August 14, 2012, General Keith Alex22 ander, the Commander of the United States Cyber 

23 Command and the Director of the National Security 

24 Agency, addressed the TechNet Land Forces con25 ference and stated that ‘‘[i]n 2007 we drafted . . . 
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1 a paper . . . about establishing a Cyber Command 

2 . . . [which concluded that] . . . the most logical is 

3 to set it up as a sub unified and grow it to a unified, 

4 and I think that’s the process that we’re going to 

5 work our way through’’. 

6 (4) On October 11, 2012, Secretary of Defense 

7 Leon Panetta discussed cybersecurity in a speech to 

8 the Business Executives for National Security in 

9 New York, New York, specifically calling for a 

10 strengthening of the United States Cyber Command 

11 and stating that the Department of Defense ‘‘must 

12 ensure that [the United States Cyber Command] has 

13 the resources, that it has the authorities, that it has 

14 the capabilities required to perform this growing 

15 mission. And it must also be able to react quickly to 

16 events unfolding in cyberspace and help fully inte17 grate cyber into all of the department’s plans and 

18 activities.’’. 

19 (b) SENSE OF CONGRESS.—Congress— 

20 (1) recognizes the serious cyber threat to na21 tional security and the need to work both offensively 

22 and defensively to protect the Nation’s networks and 

23 critical infrastructure; 

24 (2) acknowledges the importance of the unified 

25 command structure of the Department in directing 
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1 military operations in cyberspace and recognizes that 

2 a change in the status of the United States Cyber 

3 Command has Department-wide and national secu4 rity implications, which require careful consider5 ation; 

6 (3) expects to be briefed and consulted about 

7 any proposal to elevate the United States Cyber 

8 Command to a unified command before a decision by 

9 the Secretary make such a proposal to the President 

10 and to receive, at a minimum— 

11 (A) a clear statement of mission and re12 lated legal definitions; 

13 (B) an outline of the specific national secu14 rity benefits of elevating the sub-unified United 

15 States Cyber Command to a unified command; 

16 (C) an estimate of the cost of creating a 

17 unified United States Cyber Command and a 

18 justification of the expenditure; and 

19 (D) if the Secretary considers it advisable 

20 to continue the designation of the Commander 

21 of the United States Cyber Command as also 

22 being the Director of the National Security 

23 Agency— 

24 (i) an explanation of how a single in25 dividual could serve as a commander of a 
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1 combatant command that conducts overt, 

2 albeit clandestine, cyber operations under 

3 title 10, United States Code, as well as the 

4 director of an intelligence agency that con5 ducts covert cyber operations under the 

6 National Security Act of 1947 (50 U.S.C. 

7 401 et seq.) in a manner that affords 

8 deniability to the United States; and 

9 (ii) a statement of whether the Sec10 retary believes it is appropriate either to 

11 appoint a line officer as the Director of the 

12 National Security Agency or to take the 

13 unprecedented step of appointing an intel14 ligence officer as a unified commander; 

15 and 

16 (4) believes that appropriate policy foundations 

17 and standing rules of engagement must be in place 

18 before any decision to create a unified United States 

19 Cyber Command. 

20 SEC. 936. REPORTS TO DEPARTMENT OF DEFENSE ON PEN21 ETRATIONS OF NETWORKS AND INFORMA22 TION SYSTEMS OF CERTAIN CONTRACTORS. 

23 (a) PROCESS FOR REPORTING PENETRATIONS.—The 

24 Under Secretary of Defense for Intelligence shall, in co25 ordination with the officials specified in subsection (c), es-
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1 tablish a process by which cleared defense contractors 

2 shall report to elements of the Department of Defense des3 ignated by the Under Secretary for purposes of the proc4 ess when a network or information system of such contrac5 tors designated pursuant to subsection (b) is successfully 

6 penetrated. 

7 (b) DESIGNATION OF NETWORKS AND INFORMATION

8 SYSTEMS.—The Under Secretary of Defense for Intel9 ligence shall, in coordination with the officials specified in 

10 subsection (c), establish criteria for designating the 

11 cleared defense contractors’ networks or information sys12 tems that contain or process information created by or for 

13 the Department of Defense to be subject to the reporting 

14 process established pursuant to subsection (a). 

15 (c) OFFICIALS.—The officials specified in this sub16 section are the following: 

17 (1) The Under Secretary of Defense for Policy. 

18 (2) The Under Secretary of Defense for Acqui19 sition, Technology, and Logistics. 

20 (3) The Chief Information Officer of the De21 partment of Defense. 

22 (4) The Commander of the United States Cyber 

23 Command. 

24 (d) PROCESS REQUIREMENTS.— 
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1 (1) RAPID REPORTING.—The process required 

2 by subsection (a) shall provide for rapid reporting by 

3 contractors of successful penetrations of designated 

4 network or information systems. 

5 (2) REPORT ELEMENTS.—The report by a con6 tractor on a successful penetration of a designated 

7 network or information system under the process 

8 shall include the following: 

9 (A) A description of the technique or 

10 method used in the penetration. 

11 (B) A sample of the malicious software, if 

12 discovered and isolated by the contractor. 

13 (3) ACCESS.—The process shall include mecha14 nisms by which Department of Defense personnel 

15 may, upon request, obtain access to equipment or in16 formation of a contractor necessary to conduct a fo17 rensic analysis to determine whether information 

18 created by or for the Department in connection with 

19 any Department program was successfully 

20 exfiltrated from a network or information system of 

21 the contractor and, if so, what information was 

22 exfiltrated. 

23 (4) LIMITATION ON DISSEMINATION OF CER24 TAIN INFORMATION.—The process shall prohibit the 

25 dissemination outside the Department of Defense of 
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1 information obtained or derived through the process 

2 that is not created by or for the Department except 

3 with the approval of the contractor providing such 

4 information. 

5 (e) CLEARED DEFENSE CONTRACTOR DEFINED.—In 

6 this section, the term ‘‘cleared defense contractor’’ means 

7 a private entity granted clearance by the Defense Security 

8 Service to receive and store classified information for the 

9 purpose of bidding for a contract or conducting activities 

10 under a contract with the Department of Defense. 

11 Subtitle D—Other Matters 

12 SEC. 941. NATIONAL LANGUAGE SERVICE CORPS. 

13 (a) AUTHORITY TO ESTABLISH.—The David L. 

14 Boren National Security Education Act of 1991 (50 

15 U.S.C. 1901 et seq.) is amended by adding at the end 

16 the following new section: 

17 ‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. 

18 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of De19 fense may establish and maintain within the Department 

20 of Defense a National Language Service Corps (in this 

21 section referred to as the ‘Corps’). 

22 ‘‘(2) The purpose of the Corps is to provide a pool 

23 of personnel with foreign language skills who, as provided 

24 in regulations prescribed under this section, agree to pro25 vide foreign language services to the Department of De-
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1 fense or another department or agency of the United 

2 States. 

3 ‘‘(b) NATIONAL SECURITY EDUCATION BOARD.—If 

4 the Corps is established, the Secretary shall provide for 

5 the National Security Education Board to oversee and co6 ordinate the activities of the Corps to such extent and in 

7 such manner as determined by the Secretary under para8 graph (9) of section 803(d). 

9 ‘‘(c) MEMBERSHIP.—To be eligible for membership 

10 in the Corps, a person must be a citizen of the United 

11 States authorized by law to be employed in the United 

12 States, have attained the age of 18 years, and possess 

13 such foreign language skills as the Secretary considers ap14 propriate for membership in the Corps. Members of the 

15 Corps may include employees of the Federal Government 

16 and of State and local governments. 

17 ‘‘(d) TRAINING.—The Secretary may provide mem18 bers of the Corps such training as the Secretary prescribes 

19 for purposes of this section. 

20 ‘‘(e) SERVICE.—Upon a determination that it is in 

21 the national interests of the United States, the Secretary 

22 shall call upon members of the Corps to provide foreign 

23 language services to the Department of Defense or an24 other department or agency of the United States. 
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1 ‘‘(f) FUNDING.—The Secretary may impose fees, in 

2 amounts up to full-cost recovery, for language services and 

3 technical assistance rendered by members of the Corps. 

4 Amounts of fees received under this section shall be cred5 ited to the account of the Department providing funds for 

6 any costs incurred by the Department in connection with 

7 the Corps. Amounts so credited to such account shall be 

8 merged with amounts in such account, and shall be avail9 able to the same extent, and subject to the same conditions 

10 and limitations, as amounts in such account. Any amounts 

11 so credited shall remain available until expended.’’. 

12 (b) NATIONAL SECURITY EDUCATION BOARD MAT13 TERS.— 

14 (1) COMPOSITION.—Subsection (b) of section 

15 803 of such Act (50 U.S.C. 1903) is amended— 

16 (A) by striking paragraph (5); 

17 (B) by redesignating paragraphs (6) and 

18 (7) as paragraphs (8) and (9), respectively; and 

19 (C) by inserting after paragraph (4) the 

20 following new paragraphs: 

21 ‘‘(5) The Secretary of Homeland Security. 

22 ‘‘(6) The Secretary of Energy. 

23 ‘‘(7) The Director of National Intelligence.’’. 
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1 (2) FUNCTIONS.—Subsection (d) of such sec2 tion is amended by adding at the end the following 

3 new paragraph: 

4 ‘‘(9) To the extent provided by the Secretary of 

5 Defense, oversee and coordinate the activities of the 

6 National Language Service Corps under section 813, 

7 including— 

8 ‘‘(A) identifying and assessing on a peri9 odic basis the needs of the departments and 

10 agencies of the Federal Government for per11 sonnel with skills in various foreign languages; 

12 ‘‘(B) establishing plans to address foreign 

13 language shortfalls and requirements of the de14 partments and agencies of the Federal Govern15 ment; 

16 ‘‘(C) recommending effective ways to in17 crease public awareness of the need for foreign 

18 languages skills and career paths in the Federal 

19 government that use those skills; 

20 ‘‘(D) coordinating activities with Executive 

21 agencies and State and Local governments to 

22 develop interagency plans and agreements to 

23 address overall foreign language shortfalls and 

24 to utilize personnel to address the various types 
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1 of crises that warrant foreign language skills; 

2 and 

3 ‘‘(E) proposing to the Secretary regula4 tions to carry out section 813.’’. 

5 SEC. 942. REPORT ON EDUCATION AND TRAINING AND PRO6 MOTION RATES FOR PILOTS OF REMOTELY 

7 PILOTED AIRCRAFT. 

8 (a) REPORT REQUIRED.—Not later than January 31, 

9 2013, the Secretary of the Air Force and the Chief of 

10 Staff of the Air Force shall jointly submit to the congres11 sional defense committees a report on education and train12 ing and promotion rates for Air Force pilots of remotely 

13 piloted aircraft (RPA). 

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

15 (a) shall include the following: 

16 (1) A detailed analysis of the reasons for per17 sistently lower average education and training and 

18 promotion rates for Air Force pilots of remotely pi19 loted aircraft. 

20 (2) An assessment of the long-term impact on 

21 the Air Force of the sustainment of such lower rates 

22 (3) A plan to raise such rates, including— 

23 (A) a description of the near-term and 

24 longer-term actions the Air Force intends to 

25 undertake to implement the plan; and 
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1 (B) an analysis of the potential direct and 

2 indirect impacts of the plan on the achievement 

3 and sustainment of the combat air patrol objec4 tives of the Air Force for remotely piloted air5 craft. 

6 TITLE X—GENERAL PROVISIONS 

7 Subtitle A—Financial Matters 

8 SEC. 1001. GENERAL 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 division for fiscal year 

15 2013 between any such authorizations for that fiscal 

16 year (or any subdivisions thereof). Amounts of au17 thorizations so transferred shall be merged with and 

18 be available for the same purposes as the authoriza19 tion to which transferred. 

20 (2) LIMITATION.—Except as provided in para21 graph (3), the total amount of authorizations that 

22 the Secretary may transfer under the authority of 

23 this section may not exceed $5,000,000,000. 

24 (3) EXCEPTION FOR TRANSFERS BETWEEN

25 MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
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1 fer of funds between military personnel authoriza2 tions under title IV shall not be counted toward the 

3 dollar limitation in paragraph (2). 

4 (b) LIMITATIONS.—The authority provided by this 

5 section to transfer authorizations— 

6 (1) may only be used to provide authority for 

7 items that have a higher priority than the items 

8 from which authority is transferred; and 

9 (2) may not be used to provide authority for an 

10 item that has been denied authorization by Con11 gress. 

12 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

13 transfer made from one account to another under the au14 thority of this section shall be deemed to increase the 

15 amount authorized for the account to which the amount 

16 is transferred by an amount equal to the amount trans17 ferred. 

18 (d) NOTICE TO CONGRESS.—The Secretary shall 

19 promptly notify Congress of each transfer made under 

20 subsection (a). 
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1 SEC. 1002. 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. 1003. 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 

24 and manual work-arounds, are sustainable and af-
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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 during the period beginning on 

10 the date of the enactment of this Act and ending on 

11 September 30, 2014, shall include the following: 

12 (A) A description of the actions taken by 

13 the military departments pursuant to paragraph 

14 (1). 

15 (B) A determination by the Chief Manage16 ment Officer of each military department 

17 whether or not such military department is able 

18 to achieve an auditable statement of budgetary 

19 resources by September 30, 2014, without an 

20 unaffordable or unsustainable level of one-time 

21 fixes and manual work-arounds and without de22 laying the full auditability of the financial state23 ments of such military department. 

24 (C) If the Chief Management Officer of a 

25 military department determines under subpara-
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1 graph (B) that the military department is not 

2 able to achieve an auditable statement of budg3 etary resources by September 30, 2014, as de4 scribed in that subparagraph— 

5 (i) an explanation why the military 

6 department is unable to meet the deadline; 

7 (ii) an alternative deadline by which 

8 the military department will achieve an 

9 auditable statement of budgetary re10 sources; 

11 (iii) a description of the plan of the 

12 military department for meeting the alter13 native deadline. 

14 SEC. 1004. REPORT ON EFFECTS OF BUDGET SEQUESTRA15 TION ON THE DEPARTMENT OF DEFENSE. 

16 (a) FINDINGS.—Congress makes the following find17 ings: 

18 (1) The inability of the Joint Select Committee 

19 on Deficit Reduction to find $1,200,000,000,000 in 

20 savings will trigger automatic funding reductions 

21 known as ‘‘sequestration’’ to the Department of De22 fense of $492,000,000,000 between 2013 and 2021 

23 under section 251A of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985 (2 USC 

25 901a). 
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1 (2) These reductions are in addition to reduc2 tions of $487,000,000,000 already being imple3 mented by the Department of Defense, and would 

4 decrease the readiness and capabilities of the Armed 

5 Forces while increasing risks to the effective imple6 mentation of the National Security Strategy of the 

7 United States. 

8 (3) The leaders of the Department of Defense 

9 have consistently testified that threats to the na10 tional security of the United States have increased, 

11 not decreased. Secretary of Defense Leon Panetta 

12 said that these reductions would ‘‘inflict severe dam13 age to our national defense for generations’’, com14 ments that have been echoed by the Secretaries of 

15 the Army, Navy, and Air Force. 

16 (4) While reductions in funds available for the 

17 Department of Defense will automatically commence 

18 January 2, 2013, uncertainty regarding the reduc19 tions has already exacerbated Department of De20 fense efforts to plan future defense budget. 

21 (5) Sequestration will have a detrimental effect 

22 on the industrial base that supports the Department 

23 of Defense. 

24 (b) REPORT.— 
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1 (1) IN GENERAL.—Not later than August 15, 

2 2012, the Secretary of Defense shall submit to the 

3 Committees on Armed Services of the Senate and 

4 the House of Representatives a detailed report on 

5 the impact on the Department of Defense of the se6 questration of funds authorized and appropriated for 

7 fiscal year 2013 for the Department of Defense, if 

8 automatically triggered on January 2, 2013, under 

9 section 251A of the Balanced Budget and Emer10 gency Deficit Control Act of 1985. 

11 (2) ELEMENTS.—The report required by para12 graph (1) shall include the following: 

13 (A) An assessment of the potential impact 

14 of sequestration on the readiness of the Armed 

15 Forces, including impacts to steaming hours, 

16 flying hours, and full spectrum training miles, 

17 and an estimate of the increase or decrease in 

18 readiness (as defined in the C status C–1 

19 through C–5). 

20 (B) An assessment of the potential impact 

21 of sequestration on the ability of the Depart22 ment of Defense to carry out the National Mili23 tary Strategy of the United States, and any 

24 changes to the most recent Risk Assessment of 

25 the Chairman of the Joint Chiefs of Staff under 
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1 section 153(b) of title 10, United States Code 

2 arising from sequestration. 

3 (C) A list of the programs, projects, and 

4 activities across the Department of Defense, the 

5 military departments, and the elements and 

6 components of the Department of Defense that 

7 would be reduced or terminated as a result of 

8 sequestration. 

9 (D) An estimate of the number and value 

10 of all contracts that will be terminated, restruc11 tured, or revised in scope as a result of seques12 tration, including an estimate of potential ter13 mination costs and of increased contract costs 

14 due to renegotiation and reinstatement of con15 tracts. 

16 (3) ASSUMPTIONS.—The report required by 

17 paragraph (1) shall assume the following: 

18 (A) Except as provided in subparagraph 

19 (B), the funds subject to sequester are the 

20 funds in all 050 accounts, including all unobli21 gated balances. 

22 (B) The funds exempt from the sequester 

23 are the following: 

24 (i) Funds in accounts for military per25 sonnel. 
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1 (ii) Funds in accounts for overseas 

2 contingency operations. 

3 (4) PRESENTATION OF CERTAIN INFORMA4 TION.—In listing programs, projects, and activities 

5 under paragraph (2)(C), the report required by 

6 paragraph (1) shall set forth for each the following: 

7 (A) The most specific level of budget item 

8 identified in applicable appropriations Acts. 

9 (B) Related classified annexes and explan10 atory statements. 

11 (C) Department of Defense budget jus12 tification documents DOD P–1 and R–1 as 

13 subsequently modified by congressional action, 

14 and as submitted by the Department of Defense 

15 together with the budget materials for the 

16 budget of the President for fiscal year 2013 (as 

17 submitted to Congress pursuant to section 

18 1105(a) of title 31, United States Code). 

19 (D) Department of Defense document O– 

20 1 for operation and maintenance accounts for 

21 fiscal year 2013, for which purpose the term 

22 ‘‘program, project, or activity’’ means the budg23 et activity account and sub account for the pro24 gram, project, or activity as submitted in such 

25 document O–1. 
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1 SEC. 1005. REPORT ON BALANCES CARRIED FORWARD BY 

2 THE DEPARTMENT OF DEFENSE AT THE END 

3 OF FISCAL YEAR 2012. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the Secretary of Defense shall submit 

6 to Congress, and publish on the Internet website of the 

7 Department of Defense available to the public, the fol8 lowing: 

9 (1) The total dollar amount of all balances car10 ried forward by the Department of Defense at the 

11 end of fiscal year 2012 by account. 

12 (2) The total dollar amount of all unobligated 

13 balances carried forward by the Department of De14 fense at the end of fiscal year 2012 by account. 

15 (3) The total dollar amount of any balances 

16 (both obligated and unobligated) that have been car17 ried forward by the Department of Defense for five 

18 years or more as of the end of fiscal year 2012 by 

19 account. 

20 SEC. 1006. TRANSFER OF CERTAIN FISCAL YEAR 2012 AND 

21 2013 FUNDS. 

22 (a) TRANSFER AUTHORIZED.—To the extent pro23 vided in appropriations Acts, the Secretary of Defense 

24 may transfer from fiscal year 2012 and 2013 procurement 

25 or research, development, test, and evaluation accounts an 
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1 aggregate of $46,000,000 to be available for the additional 

2 authorizations in sections 132, 154, and 217. 

3 (b) COVERED FUNDS.—In subsection (a), the term 

4 ‘‘fiscal year 2012 and 2013 procurement or research, de5 velopment, test, and evaluation accounts’’ means— 

6 (1) amounts authorized to be appropriated for 

7 fiscal year 2012 by sections 101 and 201 of the Na8 tional Defense Authorization Act for Fiscal Year 

9 2012 (Public Law 112–81) and available as specified 

10 in the funding tables in sections 4101 and 4201 of 

11 that Act for Army tactical bridging, BLIN–133, 

12 $12.5 million; Army C–RAM, BLIN–90, $15.8 mil13 lion; Army non-system training devices, BLIN–182, 

14 $9.8 million; Defense wide 12/14 USSOCOM C–ISO 

15 modifications, $4.0 million; Defense wide 12/14 

16 Combat mission requirements, $4.2 million. 

17 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

18 transfer made from one account to another under the au19 thority of this section shall be deemed to change the 

20 amount authorized for the account to which the amount 

21 is transferred by an amount equal to the amount trans22 ferred. 

23 (d) CONSTRUCTION OF AUTHORITY.—The transfer 

24 authority in this section is in addition to any other trans25 fer authority provided in this Act. 
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1 Subtitle B—Counter-Drug 

2 Activities 

3 SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK 

4 FORCES TO PROVIDE SUPPORT TO LAW EN5 FORCEMENT AGENCIES CONDUCTING 

6 COUNTER-TERRORISM ACTIVITIES. 

7 Section 1022(b) of the National Defense Authoriza8 tion Act for Fiscal Year 2004 (10 U.S.C. 371 note) is 

9 amended by striking ‘‘2012’’ and inserting ‘‘2013’’. 

10 SEC. 1012. REQUIREMENT FOR BIENNIAL CERTIFICATION 

11 ON PROVISION OF SUPPORT FOR COUNTER12 DRUG ACTIVITIES TO CERTAIN FOREIGN 

13 GOVERNMENTS. 

14 Section 1033 of the National Defense Authorization 

15 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

16 1881), as most recently amended by section 1006 of the 

17 National Defense Authorization Act for Fiscal Year 2012 

18 (Public Law 112–81; 125 Stat. 1557), is further amend19 ed— 

20 (1) in subsection (f)— 

21 (A) in paragraph (1), by striking ‘‘the 

22 written certification described in subsection (g) 

23 for that fiscal year.’’ and inserting ‘‘a written 

24 certification described in subsection (g) applica25 ble to that fiscal year. The first such certifi-
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1 cation with respect to any such government 

2 may apply only to a period of one fiscal year. 

3 Subsequent certifications with respect to any 

4 such government may apply to a period of not 

5 to exceed two fiscal years.’’; and 

6 (B) in paragraph (4)(B), by striking ‘‘The 

7 Committee on National Security and the Com8 mittee on International Relations of the House 

9 of Representatives’’ and inserting ‘‘The Com10 mittee on Armed Services and the Committee 

11 on Foreign Affairs of the House of Representa12 tives’’; and 

13 (2) in subsection (g), in the matter preceding 

14 paragraph (1)— 

15 (A) by striking ‘‘The written’’ and insert16 ing ‘‘A written’’; and 

17 (B) by striking ‘‘for a fiscal year’’ and all 

18 that follows through the colon and inserting 

19 ‘‘with respect to a government to receive sup20 port under this section for any period of time 

21 is a certification of each of the following with 

22 respect to that government:’’. 
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1 SEC. 1013. AUTHORITY TO SUPPORT THE UNIFIED 

2 COUNTERDRUG AND COUNTERTERRORISM 

3 CAMPAIGN IN COLOMBIA. 

4 (a) AUTHORITY.— 

5 (1) IN GENERAL.—Of the amounts authorized 

6 to be appropriated by section 1404 for the Depart7 ment of Defense for drug interdiction and counter8 drug activities, Defense-wide for fiscal year 2013, 

9 not more than $50,000,000 may be used by the Sec10 retary of Defense to provide in support of a unified 

11 campaign by the Government of Colombia against 

12 narcotics trafficking and against terrorist organiza13 tions (as designated by the Secretary of State) in 

14 Colombia the following: 

15 (A) Logistics support, services, and sup16 plies. 

17 (B) The types of support authorized under 

18 section 1004(b) of the National Defense Au19 thorization Act for Fiscal Year 1991 (10 U.S.C. 

20 374 note). 

21 (C) The types of support authorized under 

22 section 1033(c) of the National Defense Au23 thorization Act for Fiscal Year 1998 (Public 

24 Law 105–85). 

25 (2) SCOPE OF AUTHORITY.—The authority to 

26 provide assistance for a campaign under this sub-
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1 section includes authority to take actions to protect 

2 human health and welfare in emergency cir3 cumstances, including the undertaking of rescue op4 erations. 

5 (b) ASSISTANCE OTHERWISE PROHIBITED BY

6 LAW.—The Secretary of Defense may not use the author7 ity in subsection (a) to provide any type of assistance de8 scribed in this subsection that is otherwise prohibited by 

9 any provision of law. 

10 (c) LIMITATION ON PARTICIPATION OF UNITED

11 STATES PERSONNEL.—No United States Armed Forces 

12 personnel, United States civilian employees, or United 

13 States civilian contractor personnel employed by the 

14 United States may participate in any combat operation in 

15 connection with assistance using funds pursuant to the au16 thority in subsection (a), except for the purpose of acting 

17 in self defense or of rescuing any United States citizen, 

18 including any United States Armed Forces personnel, 

19 United States civilian employee, or civilian contractor em20 ployed by the United States. 

21 (d) RELATION TO OTHER AUTHORITIES.—The au22 thority provided by subsection (a) is in addition to any 

23 other authority in law to provide assistance to the Govern24 ment of Colombia. 

25 (e) REPORT.— 
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1 (1) IN GENERAL.—Not later than November 1 

2 following any fiscal year in which the Secretary of 

3 Defense provides support under subsection (a), the 

4 Secretary shall submit to the congressional defense 

5 committees a report setting forth the following: 

6 (A) A description of the support provided, 

7 including— 

8 (i) a description of the support; 

9 (ii) the cost of the support; 

10 (iii) a list of the Colombia units to 

11 which support was provided; and 

12 (iv) a list of the Colombia operations 

13 supported. 

14 (B) Guidance for future Department of 

15 Defense support for a unified campaign by the 

16 Government of Colombia against narcotics traf17 ficking and terrorism. 

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

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

20 include a classified annex. 

21 SEC. 1014. QUARTERLY REPORTS ON USE OF FUNDS IN THE 

22 DRUG INTERDICTION AND COUNTER-DRUG 

23 ACTIVITIES, DEFENSE-WIDE ACCOUNT. 

24 (a) QUARTERLY REPORTS ON EXPENDITURES OF

25 FUNDS.—Not later than 60 days after the end of each 
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1 fiscal year quarter, the Secretary of Defense shall submit 

2 to the congressional defense committees a report setting 

3 forth a description of the expenditure of funds, by project 

4 code, from the Drug Interdiction and Counter-Drug Ac5 tivities, Defense-wide account during such fiscal year 

6 quarter, including expenditures of funds in direct or indi7 rect support of the counter-drug activities of foreign gov8 ernments. 

9 (b) INFORMATION ON SUPPORT OF COUNTER-DRUG

10 ACTIVITIES OF FOREIGN GOVERNMENTS.—The informa11 tion in a report under subsection (a) on direct or indirect 

12 support of the counter-drug activities of foreign govern13 ments shall include, for each foreign government so sup14 ported, the following: 

15 (1) The total amount of assistance provided to, 

16 or expended on behalf of, the foreign government. 

17 (2) A description of the types of counter-drug 

18 activities conducted using the assistance. 

19 (3) An explanation of the legal authority under 

20 which the assistance was provided. 

21 (c) CESSATION OF REQUIREMENT.—No report shall 

22 be required under subsection (a) for any fiscal year quar23 ter beginning on or after October 1, 2017. 

24 (d) REPEAL OF OBSOLETE AUTHORITY.—Section 

25 1022 of the Floyd D. Spence National Defense Authoriza-
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1 tion Act for Fiscal Year 2001 (as enacted into law by Pub2 lic Law 106–398) is repealed. 

3 Subtitle C—Naval Vessels and 

4 Shipyards 

5 SEC. 1021. RETIREMENT OF NAVAL VESSELS. 

6 (a) REPORT REQUIRED.—Not later than 30 days 

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

8 Naval Operations shall submit to the congressional de9 fense committees a report that sets forth a comprehensive 

10 description of the current requirements of the Navy for 

11 combatant vessels of the Navy, including submarines. 

12 (b) ADDITIONAL REPORT ELEMENT IF LESS THAN

13 313 VESSELS REQUIRED.—If the number of combatant 

14 vessels for the Navy (including submarines) specified as 

15 being required in the report under subsection (a) is less 

16 than 313 combatant vessels, the report shall include a jus17 tification for the number of vessels specified as being so 

18 required and the rationale by which the number of vessels 

19 is considered consistent with applicable strategic guidance 

20 issued by the President and the Secretary of Defense in 

21 2012. 

22 SEC. 1022. TERMINATION OF A MARITIME PREPOSITIONING 

23 SHIP SQUADRON. 

24 (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 Navy 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 current 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, and an as23 sessment of the differences, if any, between that 

24 equipment and the equipment of a Maritime 

25 Prepositioning Ship squadron. 
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1 (D) A description and assessment of the 

2 current age and state of maintenance of the 

3 equipment of the Marine Corps Maritime 

4 Prepositioning Program–Norway. 

5 (E) A plan to address the equipment 

6 shortages and modernization needs of the Ma7 rine Corps Maritime Prepositioning Program– 

8 Norway. 

9 (b) LIMITATION ON AVAILABILITY OF FUNDS.— 

10 Amounts authorized to be appropriated by this Act may 

11 not be obligated or expended to terminate a Maritime 

12 Prepositioning Ship squadron until the date of the sub13 mittal to the congressional defense committees of the re14 port required by subsection (a). 

15 SEC. 1023. SENSE OF CONGRESS ON RECAPITALIZATION 

16 FOR THE NAVY AND COAST GUARD. 

17 (a) FINDINGS.—Congress makes the following find18 ings: 

19 (1) More than 70 percent of the world’s surface 

20 is comprised of navigable oceans. 

21 (2) More than 80 percent of the population of 

22 the world lives within 100 miles of an ocean. 

23 (3) More than 90 percent of the world’s com24 merce traverses an oceans. 
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1 (4) The national security of the United States 

2 is inextricably linked to the maintenance of global 

3 freedom of access for both the strategic and com4 mercial interests of the United States. 

5 (5) To maintain that freedom of access the sea 

6 services of the United States, composed of the Navy, 

7 the Marine Corps, and the Coast Guard, must be 

8 sufficiently positioned as rotationally globally 

9 deployable forces with the capability to decisively de10 fend United States citizens, homeland, and interests 

11 abroad from direct or asymmetric attack and must 

12 be comprised of sufficient vessels to maintain global 

13 freedom of action. 

14 (6) To achieve appropriate capabilities to en15 sure national security the Government of the United 

16 States must continue to recapitalize the fleets of the 

17 Navy and Coast Guard and must continue to con18 duct vital maintenance and repair of existing vessels 

19 to ensure such vessels meet service life goals. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) the sea services of the United States should 

23 be funded and maintained to provide the broad spec24 trum of capabilities required to protect the national 

25 security of the United States; 
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1 (2) such capabilities should include— 

2 (A) the ability to project United States 

3 power rapidly anywhere on the globe without 

4 the need for host nation basing permission or 

5 long and potentially vulnerable logistics supply 

6 lines; 

7 (B) the ability to land and recover mari8 time forces from the sea for direct combat ac9 tion, to evacuate United States citizens from 

10 hostile situations, and to provide humanitarian 

11 assistance where needed; 

12 (C) the ability to operate from the sub13 surface with overpowering conventional combat 

14 power, as well as strategic deterrence; and 

15 (D) the ability to operate in collaboration 

16 with United States maritime partners in the 

17 common interest of preventing piracy at sea 

18 and maintaining the commercial sea lanes avail19 able for global commerce; 

20 (3) the Secretary of Defense, in coordination 

21 with the Secretary of the Navy, should maintain the 

22 recapitalization plans for the Navy as a priority in 

23 all future force structure decisions; and 

24 (4) the Secretary of Homeland Security should 

25 maintain the recapitalization plans for the Coast 
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1 Guard as a priority in all future force structure deci2 sions. 

3 SEC. 1024. NOTICE TO CONGRESS FOR THE REVIEW OF 

4 PROPOSALS TO NAME NAVAL VESSELS. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) The Navy traces its ancestry to October 13, 

8 1775, when an Act of the Continental Congress au9 thorized the first vessel of a navy for the United 

10 Colonies. Vessels of the Continental Navy were 

11 named for early patriots and military heroes, Fed12 eral institutions, colonial cities, and positive char13 acter traits representative of naval and military vir14 tues. 

15 (2) An Act of Congress on March 3, 1819, 

16 made the Secretary of the Navy responsible for as17 signing names to vessels of the Navy. Traditional 

18 sources for vessel names customarily encompassed 

19 such categories as geographic locations in the United 

20 States; historic sites, battles, and ships; naval and 

21 military heroes and leaders; and noted individuals 

22 who made distinguished contributions to United 

23 States national security. 
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1 (3) These customs and traditions provide ap2 propriate and necessary standards for the naming of 

3 vessels of the Navy. 

4 (b) NOTICE TO CONGRESS.—Section 7292 of title 10, 

5 United States Code, is amended by adding at the end the 

6 following new subsection: 

7 ‘‘(d)(1) The Secretary of the Navy may not announce 

8 or implement any proposal to name a vessel of the Navy 

9 until 30 days after the date on which the Secretary sub10 mits to the Committees on Armed Services of the Senate 

11 and the House of Representatives a report setting forth 

12 such proposal. 

13 ‘‘(2) Each report under this subsection shall describe 

14 the justification for the proposal covered by such report 

15 in accordance with the standards referred to in section 

16 1024(a) of the National Defense Authorization Act for 

17 Fiscal Year 2013.’’. 

18 (c) EFFECTIVE DATE.—This section and the amend19 ment made by this section shall go into effect on the date 

20 that is 30 days after the date of the enactment of this 

21 Act. 
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1 Subtitle D— Counterterrorism 

2 SEC. 1031. EXTENSION OF CERTAIN PROHIBITIONS AND RE3 QUIREMENTS RELATING TO DETAINEES AT 

4 UNITED STATES NAVAL STATION, GUANTA5 NAMO BAY, CUBA. 

6 (a) PROHIBITION ON USE OF FUNDS TO CONSTRUCT

7 OR MODIFY FACILITIES IN US FOR TRANSFER OF DE8 TAINEES.—Section 1026(a) of the National Defense Au9 thorization Act for Fiscal Year 2012 (Public Law 112– 

10 81; 125 Stat. 1566) is amended by inserting ‘‘or 2013’’ 

11 after ‘‘fiscal year 2012’’. 

12 (b) REQUIREMENTS FOR CERTIFICATIONS ON

13 TRANSFERS OF DETAINEES TO FOREIGN COUNTRIES OR

14 ENTITIES.—Section 1028(a)(1) of the National Defense 

15 Authorization Act for Fiscal Year 2012 (125 Stat. 1567; 

16 10 U.S.C. 801 note) is amended by inserting ‘‘or 2013’’ 

17 after ‘‘fiscal year 2012’’. 

18 SEC. 1032. PROHIBITION ON USE OF FUNDS FOR THE 

19 TRANSFER OR RELEASE OF INDIVIDUALS 

20 FROM UNITED STATES NAVAL STATION, 

21 GUANTANAMO BAY, CUBA. 

22 No authorized to be appropriated funds may be used 

23 to transfer, release, or assist in the transfer or release to 

24 or within the United States, its territories, or possessions 

25 of Khalid Sheikh Mohammed or any other detainee who— 
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1 (1) is not a United States citizen or a member 

2 of the Armed Forces of the United States; and 

3 (2) is or was held on or after January 20, 

4 2009, at United States Naval Station, Guantanamo 

5 Bay, Cuba, by the Department of Defense. 

6 SEC. 1033. PROHIBITION ON THE INDEFINITE DETENTION 

7 OF CITIZENS AND LAWFUL PERMANENT RESI8 DENTS. 

9 Section 4001 of title 18, United States Code, is 

10 amended— 

11 (1) by redesignating subsection (b) as sub12 section (c); and 

13 (2) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b)(1) An authorization to use military force, a dec16 laration of war, or any similar authority shall not author17 ize the detention without charge or trial of a citizen or 

18 lawful permanent resident of the United States appre19 hended in the United States, unless an Act of Congress 

20 expressly authorizes such detention. 

21 ‘‘(2) Paragraph (1) applies to an authorization to use 

22 military force, a declaration of war, or any similar author23 ity enacted before, on, or after the date of the enactment 

24 of the National Defense Authorization Act For Fiscal 

25 Year 2013. 
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1 ‘‘(3) Paragraph (1) shall not be construed to author2 ize the detention of a citizen of the United States, a lawful 

3 permanent resident of the United States, or any other per4 son who is apprehended in the United States.’’. 

5 Subtitle E—Miscellaneous 

6 Authorities and Limitations 

7 SEC. 1041. ENHANCEMENT OF RESPONSIBILITIES OF THE 

8 CHAIRMAN OF THE JOINT CHIEFS OF STAFF 

9 REGARDING THE NATIONAL MILITARY 

10 STRATEGY. 

11 (a) IN GENERAL.—Subsection (b) of section 153 of 

12 title 10, United States Code, is amended to read as fol13 lows: 

14 ‘‘(b) NATIONAL MILITARY STRATEGY.— 

15 ‘‘(1) NATIONAL MILITARY STRATEGY.—(A) The 

16 Chairman shall determine each even-numbered year 

17 whether to prepare a new National Military Strategy 

18 in accordance with this subparagraph or to update 

19 a strategy previously prepared in accordance with 

20 this subsection. The Chairman shall complete prepa21 ration of the National Military Strategy or update in 

22 time for transmittal to Congress pursuant to para23 graph (3), including in time for inclusion of the re24 port of the Secretary of Defense, if any, under para25 graph (4). 
567 

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1 ‘‘(B) Each National Military Strategy (or up2 date) under this paragraph shall be based on a com3 prehensive review conducted by the Chairman in 

4 conjunction with the other members of the Joint 

5 Chiefs of Staff and the commanders of the unified 

6 and specified combatant commands. 

7 ‘‘(C) Each National Military Strategy (or up8 date) submitted under this paragraph shall refer to 

9 and support each of the following: 

10 ‘‘(i) The most recent National Security 

11 Strategy prescribed by the President pursuant 

12 to section 108 of the National Security Act of 

13 1947 (50 U.S.C. 404a). 

14 ‘‘(ii) The most recent annual report of the 

15 Secretary of Defense submitted to the President 

16 and Congress pursuant to section 113 of this 

17 title. 

18 ‘‘(iii) The most recent Quadrennial De19 fense Review conducted by the Secretary of De20 fense pursuant to section 118 of this title. 

21 ‘‘(iv) Any other national security or de22 fense strategic guidance issued by the President 

23 or the Secretary of Defense. 
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1 ‘‘(D) Each National Military Strategy (or up2 date) submitted under this paragraph shall do the 

3 following: 

4 ‘‘(i) Describe the strategic environment 

5 and the opportunities and challenges that affect 

6 United States national interests and United 

7 States national security. 

8 ‘‘(ii) Describe the threats, such as inter9 national, regional, transnational, hybrid, ter10 rorism, cyber-attack, weapons of mass destruc11 tion, asymmetric challenges, and any other cat12 egories of threats identified by the Chairman, 

13 to the United States national security. 

14 ‘‘(iii) Identify the United States national 

15 military objectives and the relationship of those 

16 objectives to the strategic environment and to 

17 the threats described under clause (ii). 

18 ‘‘(iv) Identify the operational concepts, 

19 missions, tasks, or activities necessary to sup20 port the achievement of the objectives identified 

21 under clause (iii). 

22 ‘‘(v) Identify the fiscal, budgetary, and re23 source environments and conditions that, in the 

24 assessment of the Chairman, impact the strat25 egy. 
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1 ‘‘(vi) Identify the implications of current 

2 force planning and sizing constructs for the 

3 strategy. 

4 ‘‘(vii) Identify and assess the capacity, ca5 pabilities, and availability of United States 

6 forces (including both the regular and reserve 

7 components) to support the execution of mis8 sions required by the strategy. 

9 ‘‘(viii) Identify areas in which the armed 

10 forces intends to engage and synchronize with 

11 other departments and agencies of the United 

12 States Government contributing to the execu13 tion of missions required by the strategy. 

14 ‘‘(ix) Identify and assess potential areas in 

15 which the armed forces could be augmented by 

16 contributions from alliances (such as the North 

17 Atlantic Treaty Organization (NATO)), inter18 national allies, or other friendly nations in the 

19 execution of missions required by the strategy. 

20 ‘‘(x) Identify and assess the requirements 

21 for contractor support to the armed forces for 

22 conducting training, peacekeeping, overseas 

23 contingency operations, and other major combat 

24 operations under the strategy. 
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1 ‘‘(xi) Identify the assumptions made with 

2 respect to each of clauses (i) through (x). 

3 ‘‘(E) 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: 

24 ‘‘(i) As the Chairman considers appro25 priate, update any changes to the strategic en-
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1 vironment, threats, objectives, force planning 

2 and sizing constructs, assessments, and as3 sumptions in the National Military Strategy. 

4 ‘‘(ii) Identify and define the strategic risks 

5 to United States interests and the military risks 

6 in executing the missions of the National Mili7 tary Strategy. 

8 ‘‘(iii) Identify and define levels of risk dis9 tinguishing between the concepts of probability 

10 and consequences, including an identification of 

11 what constitutes ‘significant’ risk in the judg12 ment of the Chairman. 

13 ‘‘(iv) Identify and assess risk in the Na14 tional Military Strategy by category and level 

15 and the ways in which risk might manifest 

16 itself, including how risk is projected to in17 crease, decrease, or remain stable over time, 

18 and, for each category of risk, assess the extent 

19 to which current or future risk increases, de20 creases, or is stable as a result of budgetary 

21 priorities, tradeoffs, or fiscal constraints or lim22 itations as currently estimated and applied in 

23 the most current future-years defense program 

24 under section 221 of this title. 
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1 ‘‘(v) Identify and assess risk associated 

2 with the assumptions or plans of the National 

3 Military Strategy about the contributions or 

4 support of— 

5 ‘‘(I) other departments and agencies 

6 of the United States Government (includ7 ing their capabilities and availability); 

8 ‘‘(II) alliances, allies, and other 

9 friendly nations, (including their capabili10 ties, availability, and interoperability); and 

11 ‘‘(III) contractors. 

12 ‘‘(vi) Identify and assess the critical defi13 ciencies and strengths in force capabilities (in14 cluding manpower, logistics, intelligence, and 

15 mobility support) identified during the prepara16 tion and review of the contingency plans of each 

17 unified combatant command, and identify and 

18 assess the effect of such deficiencies and 

19 strengths for the National Military Strategy. 

20 ‘‘(3) SUBMITTAL OF NATIONAL MILITARY

21 STRATEGY AND RISK ASSESSMENT TO CONGRESS.— 

22 (A) Not later than February 15 of each even-num23 bered year, the Chairman shall, through the Sec24 retary of Defense, submit to the Committees on 

25 Armed Services of the Senate and the House of Rep-
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1 resentatives the National Military Strategy or up2 date, if any, prepared under paragraph (1) in such 

3 year. 

4 ‘‘(B) Not later than February 15 each year, the 

5 Chairman shall, through the Secretary of Defense, 

6 submit to the Committees on Armed Services of the 

7 Senate and the House of Representatives the Risk 

8 Assessment prepared under paragraph (2) in such 

9 year. 

10 ‘‘(4) SECRETARY OF DEFENSE REPORTS TO

11 CONGRESS.—(A) In transmitting a National Military 

12 Strategy (or update) or Risk Assessment to Con13 gress pursuant to paragraph (3), the Secretary of 

14 Defense shall include in the transmittal such com15 ments of the Secretary thereon, if any, as the Sec16 retary considers appropriate. 

17 ‘‘(B) If the Risk Assessment transmitted under 

18 paragraph (3) in a year includes an assessment that 

19 a risk or risks associated with the National Military 

20 Strategy (or update) are significant, or that critical 

21 deficiencies in force capabilities exist for a contin22 gency plan described in paragraph (2)(B)(vi), the 

23 Secretary shall include in the transmittal of the Risk 

24 Assessment the plan of the Secretary for mitigating 
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1 such risk or deficiency. A plan for mitigating risk of 

2 deficiency under this subparagraph shall— 

3 ‘‘(i) address the risk assumed in the Na4 tional Military Strategy (or update) concerned, 

5 and the additional actions taken or planned to 

6 be taken to address such risk using only cur7 rent technology and force structure capabilities; 

8 and 

9 ‘‘(ii) specify, for each risk addressed, the 

10 extent of, and a schedule for expected mitiga11 tion of, such risk, and an assessment of the po12 tential for residual risk, if any, after mitiga13 tion.’’. 

14 (b) CONFORMING AMENDMENT.—Such section is fur15 ther amended by striking subsection (d). 

16 SEC. 1042. MODIFICATION OF AUTHORITY ON TRAINING OF 

17 SPECIAL OPERATIONS FORCES WITH FRIEND18 LY FOREIGN FORCES. 

19 (a) AUTHORITY TO PAY FOR MINOR MILITARY CON20 STRUCTION IN CONNECTION WITH TRAINING.—Sub21 section (a) of section 2011 of title 10, United States Code, 

22 is amended by adding at the end the following new para23 graph: 

24 ‘‘(4) Expenses of minor military construction 

25 directly related to that training with such expenses 
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1 payable from amounts available to the commander 

2 for unspecified minor military construction, except 

3 that— 

4 ‘‘(A) the amount of any project for which 

5 such expenses are so payable may not exceed 

6 $250,000; and 

7 ‘‘(B) the total amount of such expenses so 

8 paid in any fiscal year may not exceed 

9 $2,000,000.’’. 

10 (b) PURPOSES OF TRAINING.—Subsection (b) of such 

11 section is amended to read as follows: 

12 ‘‘(b) PURPOSES OF TRAINING.—The purposes of the 

13 training for which payment may be made under subsection 

14 (a) shall be as follows: 

15 ‘‘(1) To train the special operations forces of 

16 the combatant command. 

17 ‘‘(2) In the case of a commander of a combat18 ant command having a geographic area of responsi19 bility, to train the military forces and other security 

20 forces of a friendly foreign country in a manner con21 sistent with the Theater Campaign Plan of the com22 mander for that geographic area.’’. 

23 (c) PRIOR APPROVAL.—Subsection (c) of such section 

24 is amended by inserting before the period at the end of 

25 the second sentence the following: ‘‘, or, in the case of 
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1 training activities carried out after the date of the enact2 ment of the National Defense Authorization Act for Fiscal 

3 Year 2013, the approval of the Secretary of Defense, in 

4 coordination with the Secretary of State’’. 

5 (d) REPORTS.—Subsection (e) of such section is 

6 amended— 

7 (1) in paragraph (3)— 

8 (A) by inserting ‘‘or other security’’ after 

9 ‘‘foreign’’ the first place it appears; and 

10 (B) by striking ‘‘foreign military per11 sonnel’’ and inserting ‘‘such foreign personnel’’; 

12 (2) in paragraph (4)— 

13 (A) by striking ‘‘and military training ac14 tivities’’ and inserting ‘‘military training activi15 ties’’; and 

16 (B) by inserting before the period at the 

17 end the following: ‘‘, and training programs 

18 sponsored by the Department of State’’; 

19 (3) by redesignating paragraph (6) as para20 graph (7); and 

21 (4) by inserting after paragraph (5) the fol22 lowing new paragraph (6): 

23 ‘‘(6) A description of any minor military con24 struction projects for which expenses were paid, in-
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1 cluding a justification of the benefits of each such 

2 project to training under this section.’’. 

3 (e) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on the of the enactment of 

5 this Act. The amendments made by subsection (d) shall 

6 apply with respect to any reports submitted under sub7 section (e) of section 2011 of title 10, United States Code 

8 (as so amended), after that date. 

9 SEC. 1043. EXTENSION OF AUTHORITY TO PROVIDE AS10 SURED BUSINESS GUARANTEES TO CAR11 RIERS PARTICIPATING IN CIVIL RESERVE AIR 

12 FLEET. 

13 (a) EXTENSION.—Subsection (k) of section 9515 of 

14 title 10, United States Code, is amended by striking ‘‘De15 cember 31, 2015’’ and inserting ‘‘December 31, 2020’’. 

16 (b) APPLICATION TO ALL SEGMENTS OF CRAF.— 

17 Such section is further amended— 

18 (1) in subsection (a)(3), by striking ‘‘pas19 senger’’; and 

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

21 it only means such transportation for which the Sec22 retary of Defense has entered into a contract for the 

23 purpose of passenger travel’’. 
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1 SEC. 1044. PARTICIPATION OF VETERANS IN THE TRANSI2 TION ASSISTANCE PROGRAM OF THE DE3 PARTMENT OF DEFENSE. 

4 (a) IN GENERAL.—Each veteran, during the one-year 

5 period beginning on the date on which the veteran is dis6 charged or separated from service in the Armed Forces, 

7 shall be authorized to participate in the Transition Assist8 ance Program (TAP) of the Department of Defense. 

9 (b) SCOPE OF AUTHORIZED PARTICIPATION.—As 

10 part of their participation in the Transition Assistance 

11 Program pursuant to this section, veterans shall be au12 thorized to receive the following: 

13 (1) Transition assistance counseling under the 

14 program at any military installation at which transi15 tion assistance counseling is being provided to mem16 bers of the Armed Forces under the program. 

17 (2) Ongoing access to the electronic materials 

18 and information provided as part of the Transition 

19 Assistance Program, including access after the end 

20 of the one-year period of participation under sub21 section (a). 

22 (c) MEMORANDUM OF UNDERSTANDING.—The Sec23 retary of Defense and the Secretary of Veterans Affairs 

24 shall enter into a memorandum of understanding regard25 ing the participation of veterans in the Transition Assist26 ance Program pursuant to this section. The memorandum 
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1 of understanding shall provide for the access of veterans 

2 to military installations for purposes of participation in 

3 the Transition Assistance Program and such other mat4 ters as such Secretaries jointly consider appropriate for 

5 purposes of this section. 

6 (d) DEFINITIONS.—In this section: 

7 (1) The term ‘‘Transition Assistance Program’’ 

8 means the program carried out by the Department 

9 of Defense under sections 1142 and 1144 of title 10, 

10 United States Code. 

11 (2) The term ‘‘veteran’’ has the meaning given 

12 that term in section 101 of title 38, United States 

13 Code. 

14 SEC. 1045. MODIFICATION OF THE MINISTRY OF DEFENSE 

15 ADVISOR PROGRAM. 

16 (a) IN GENERAL.—Subsection (a) of section 1081 of 

17 the National Defense Authorization Act for Fiscal Year 

18 2012 (Public Law 112–81; 125 Stat. 1599; 10 U.S.C. 168 

19 note) is amended by inserting— 

20 (1) in the matter preceding paragraph (1), by 

21 inserting ‘‘, regional organizations with defense or 

22 security components, and international organizations 

23 of which the United States is a member’’ after ‘‘for24 eign countries’’; and 
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1 (2) by inserting ‘‘or organization’’ after ‘‘min2 istry’’ both places it appears. 

3 (b) REPORTS.—Subsection (c) of such section is 

4 amended— 

5 (1) by inserting ‘‘or organizations’’ after ‘‘de6 fense ministries’’ both places it appears; and 

7 (2) by striking paragraph (7). 

8 (c) CONFORMING AMENDMENT.—The heading of 

9 such section is amended to read as follows: 

10 ‘‘SEC. 1081. AUTHORITY FOR ASSIGNMENT OF CIVILIAN EM11 PLOYEES OF THE DEPARTMENT OF DEFENSE 

12 AS ADVISORS TO FOREIGN MINISTRIES OF 

13 DEFENSE AND CERTAIN REGIONAL AND 

14 INTERNATIONAL ORGANIZATIONS.’’. 

15 SEC. 1046. 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: 

24 ‘‘(9) Collaboration of scientific and technical 

25 personnel and sharing of technical information, test 
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1 results, and resources where available from the De2 partment of Defense, the Federal Aviation Adminis3 tration, and the National Aeronautics and Space Ad4 ministration can advance an enduring relationship of 

5 research capability to advance the access of un6 manned aircraft systems of the Department of De7 fense, the National Aeronautics and Space Adminis8 tration and other public agencies to the National 

9 Airspace System.’’. 

10 (b) INTERAGENCY COLLABORATION.— 

11 (1) IN GENERAL.—The Secretary of Defense 

12 shall collaborate with the Administrator of the Fed13 eral Aviation Administration and the Administrator 

14 of the National Aeronautics and Space Administra15 tion to conduct research and seek solutions to chal16 lenges associated with the safe integration of un17 manned aircraft systems into the National Airspace 

18 System in accordance with subtitle B of title III of 

19 the FAA Modernization and Reform Act of 2012 

20 (Public Law 112–95; 126 Stat. 72). 

21 (2) ACTIVITIES IN SUPPORT OF PLAN ON AC22 CESS TO NATIONAL AIRSPACE FOR UNMANNED AIR23 CRAFT SYSTEMS.—Collaboration under paragraph 

24 (1) may include research and development of sci25 entific and technical issues, equipment, and tech-
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1 nology in support of the plan to safely accelerate the 

2 integration of unmanned aircraft systems as re3 quired by subtitle B of title III of the FAA Mod4 ernization and Reform Act of 2012. 

5 (3) NONDUPLICATIVE EFFORTS.—If the Sec6 retary of Defense determines it is in the interest of 

7 the Department of Defense, the Secretary may use 

8 existing aerospace-related laboratories, personnel, 

9 equipment, research radars, and ground facilities of 

10 the Department of Defense to avoid duplication of 

11 efforts in carrying out collaboration under para12 graph (1). 

13 (4) REPORTS.— 

14 (A) REQUIREMENT.—The Secretary of De15 fense, on behalf of the UAS Executive Com16 mittee, shall annually submit to the congres17 sional defense committees, the Committee on 

18 Transportation and Infrastructure, and the 

19 Committee on Science, Space, and Technology 

20 of the House of Representatives, and the Com21 mittee on Commerce, Science, and Transpor22 tation of the Senate a report on the progress of 

23 research activity of the Department of Defense, 

24 including— 
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1 (i) progress in accomplishing the goals 

2 of the unmanned aircraft systems research, 

3 development, and demonstration as related 

4 to the Department of Defense Final Re5 port to Congress on Access to National 

6 Airspace for Unmanned Aircraft Systems 

7 of October 2010, and any ongoing and col8 laborative research and development pro9 grams with the Federal Aviation Adminis10 tration and the National Aeronautics and 

11 Space Administration and 

12 (ii) estimates of long-term funding 

13 needs and details of funds expended and 

14 allocated in the budget requests of the 

15 President that support integration into the 

16 National Airspace. 

17 (B) TERMINATION.—The requirement to 

18 submit a report under subparagraph (A) shall 

19 terminate on the date that is 5 years after the 

20 date of the enactment of this Act. 

21 (c) UAS EXECUTIVE COMMITTEE DEFINED.—In this 

22 section, the term ‘‘UAS Executive Committee’’ means the 

23 National Aeronautics and Space and Administration and 

24 the Department of Defense–Federal Aviation Administra25 tion executive committee described in section 1036(b) of 
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1 the Duncan Hunter National Defense Authorization Act 

2 for Fiscal Year 2009 and established by the Secretary of 

3 Defense and the Administrator of the Federal Aviation 

4 Administration. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 hereby authorized to be appropriated such sums as may 

7 be necessary to carry out this section. 

8 SEC. 1047. SENSE OF SENATE ON NOTICE TO CONGRESS ON 

9 UNFUNDED PRIORITIES. 

10 It is the sense of the Senate that— 

11 (1) not later than 45 days after the submittal 

12 to Congress of the budget for a fiscal year under 

13 section 1105(a) of title 31, United States Code, each 

14 officer specified in paragraph (2) should, through 

15 the Chairman of the Joint Chiefs of Staff and the 

16 Secretary of Defense, submit to the congressional 

17 defense committees a list of any priority military 

18 programs or activities under the jurisdiction of such 

19 officer for which, in the estimate of such officer ad20 ditional funds, if available, would substantially re21 duce operational or programmatic risk or accelerate 

22 the creation or fielding of a critical military capa23 bility; 

24 (2) the officers specified in this paragraph 

25 are— 
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1 (A) the Chief of Staff of the Army; 

2 (B) the Chief of Naval Operations; 

3 (C) the Chief of Staff of the Air Force; 

4 (D) the Commandant of the Marine Corps; 

5 and 

6 (E) the Commander of the United States 

7 Special Operations Command; and 

8 (3) each list, if any, under paragraph (1) 

9 should set forth for each military program or activ10 ity on such list— 

11 (A) a description of such program or activ12 ity; 

13 (B) a summary description of the justifica14 tion for or objectives of additional funds, if 

15 available for such program or activity; and 

16 (C) the additional amount of funds rec17 ommended in connection with the justification 

18 or objectives described for such program or ac19 tivity under subparagraph (B). 
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1 SEC. 1048. ENHANCEMENT OF AUTHORITIES ON ADMISSION 

2 OF DEFENSE INDUSTRY CIVILIANS TO CER3 TAIN DEPARTMENT OF DEFENSE EDU4 CATIONAL INSTITUTIONS AND PROGRAMS. 

5 (a) NAVY DEFENSE PRODUCT DEVELOPMENT PRO6 GRAM.—Section 7049(a) of title 10, United States Code, 

7 is amended— 

8 (1) in the second sentence, by inserting ‘‘or pro9 fessional continuing education certificate’’ after 

10 ‘‘master’s degree’’; 

11 (2) in the third sentence, by striking ‘‘125 such 

12 defense industry employees’’ and inserting ‘‘250 

13 such defense industry employees’’; and 

14 (3) in the last sentence, by inserting before the 

15 period at the end the following: ‘‘or an appropriate 

16 professional continuing education certificate, as ap17 plicable’’. 

18 (b) UNITED STATES AIR FORCE INSTITUTE OF

19 TECHNOLOGY.—Section 9314a(a) of such title is amend20 ed— 

21 (1) in paragraph (1), by inserting ‘‘or profes22 sional continuing education certificate’’ after ‘‘grad23 uate degree’’; 

24 (2) in paragraph (2), by striking ‘‘125 defense 

25 industry employees’’ and inserting ‘‘250 defense in26 dustry employees’’; and 
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1 (3) in paragraph (3), by inserting before the pe2 riod at the end the following: ‘‘or an appropriate 

3 professional continuing education certificate, as ap4 plicable’’. 

5 SEC. 1049. MILITARY WORKING DOG MATTERS. 

6 (a) RETIREMENT OF MILITARY WORKING DOGS.— 

7 (1) Section 2583 of title 10, United States 

8 Code, is amended— 

9 (A) by redesignating subsections (f) and 

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

11 (B) by inserting after subsection (e) the 

12 following new subsection (f): 

13 ‘‘(f) TRANSFER OF RETIRED MILITARY WORKING

14 DOGS.—If the Secretary of the military department con15 cerned determines that a military working dog should be 

16 retired, and no suitable adoption is available at the mili17 tary facility where the dog is located, the Secretary may 

18 transfer the dog— 

19 ‘‘(1) to the 341st Training Squadron; or 

20 ‘‘(2) to another location for adoption under this 

21 section.’’. 

22 (b) VETERINARY CARE FOR RETIRED MILITARY

23 WORKING DOGS.— 
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1 (1) IN GENERAL.—Chapter 50 of title 10, 

2 United States Code, is amended by adding at the 

3 end the following new section: 

4 ‘‘§ 993. Military working dogs: veterinary care for re5 tired military working dogs 

6 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

7 establish and maintain a system to provide for the veteri8 nary care of retired military working dogs. No funds may 

9 be provided by the Federal Government for this purpose. 

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

11 dog eligible for veterinary care under this section is any 

12 military working dog adopted under section 2583 of this 

13 title. 

14 ‘‘(c) STANDARDS OF CARE.—The veterinary care pro15 vided under the system authorized by this section shall 

16 meet such standards as the Secretary shall establish and 

17 from time to time update.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 50 of such title is 

20 amended by adding at the end the following new 

21 item: 

‘‘993. Military working dogs: veterinary care for retired military working dogs.’’. 

22 (c) RECOGNITION OF SERVICE OF MILITARY WORK23 ING DOGS.—The Secretary of Defense may authorize the 

24 recognition of military working dogs that are killed, 

25 wounded, or missing in action and military working dogs 
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1 that perform an exceptionally meritorious or courageous 

2 act in service to the United States. 

3 SEC. 1050. PROHIBITION ON FUNDS TO ENTER INTO CON4 TRACTS OR AGREEMENTS WITH 

5 ROSOBORONEXPORT. 

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

7 be appropriated by this Act may be used to enter into a 

8 contract, memorandum of understanding, or cooperative 

9 agreement with, to make a grant to, or to provide a loan 

10 or loan guarantee to Rosoboronexport. 

11 (b) NATIONAL SECURITY WAIVER AUTHORITY.—The 

12 Secretary of Defense may waive the applicability of sub13 section (a) if the Secretary determines that such a waiver 

14 is in the national security interests of the United States 

15 with respect to the capacity of the Afghan National Secu16 rity Forces (ANSF). 

17 SEC. 1051. SENSE OF CONGRESS ON THE JOINT 

18 WARFIGHTING ANALYSIS CENTER. 

19 It is the sense of Congress that the Joint Warfighting 

20 Analysis Center (JWAC) should have adequate resources 

21 to meet the continuing requirements of the combatant 

22 commands. 

23 SEC. 1052. TRANSITION ASSISTANCE ADVISOR PROGRAM. 

24 (a) PROGRAM AUTHORIZED.— 
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1 (1) IN GENERAL.—Chapter 58 of title 10, 

2 United States Code, is amended by inserting after 

3 section 1144 the following new section: 

4 ‘‘§ 1144a. Transition Assistance Advisors 

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

6 establish as part of the Transition Assistance Program 

7 (TAP) a Transition Assistance Advisor (TAA) program to 

8 provide professionals in each State to serve as statewide 

9 points of contact to assist members of the armed forces 

10 in accessing benefits and health care furnished under laws 

11 administered by the Secretary of Defense and benefits and 

12 health care furnished under laws administered by the Sec13 retary of Veterans Affairs. 

14 ‘‘(b) NUMBER OF ADVISORS.—The Secretary of De15 fense shall ensure that the minimum number of Transition 

16 Assistance Advisors in each State is as follows: 

17 ‘‘(1) During the period beginning 180 days be18 fore the commencement of a contingency operation 

19 (or, if later, as soon before as is otherwise prac20 ticable) and ending 180 days after the conclusion of 

21 such contingency operation— 

22 ‘‘(A) in the case of a State with fewer than 

23 1,500 members of the Army National Guard of 

24 the United States and the Air National Guard 

25 of the United States residing in the State, not 
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1 less than one Transition Assistance Advisor; 

2 and 

3 ‘‘(B) in the case of a State with 1,500 or 

4 more members of the Army National Guard of 

5 the United States and the Air National Guard 

6 of the United States who reside in such State, 

7 not less than one Transition Assistance Advisor 

8 for each 1,500 members of the Army National 

9 Guard of the United States and the Air Na10 tional Guard of the United States who reside in 

11 such State. 

12 ‘‘(2) At any time not covered by paragraph 

13 (1)— 

14 ‘‘(A) in the case of a State with fewer than 

15 5,000 members of the Army National Guard of 

16 the United States and the Air National Guard 

17 of the United States residing in the State, not 

18 less than one Transition Assistance Advisor; 

19 and 

20 ‘‘(B) in the case of a State with 5,000 or 

21 more members of the Army National Guard of 

22 the United States and the Air National Guard 

23 of the United States who reside in such State, 

24 not less than one Transition Assistance Advisor 

25 for each 1,500 members of the Army National 
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1 Guard of the United States and the Air Na2 tional Guard of the United States who reside in 

3 such State. 

4 ‘‘(c) DUTIES.—The duties of a Transition Assistance 

5 Advisor includes the following: 

6 ‘‘(1) To assist with the creation and execution 

7 of individual transition plans for members of the 

8 National Guard described in subsection (d)(2) and 

9 their families for the reintegration of such members 

10 into civilian life. 

11 ‘‘(2) To provide employment support services to 

12 members of the National Guard and their families, 

13 including assistance with discovering employment 

14 opportunities and identifying and obtaining assist15 ance from programs within and outside of the Fed16 eral Government. 

17 ‘‘(3) Provide information on relocation, health 

18 care, mental health care, and financial support serv19 ices available to members of the National Guard or 

20 their families from the Department of Defense, the 

21 Department of Veterans Affairs, and other Federal, 

22 State, and local agencies. 

23 ‘‘(4) Provide information on educational sup24 port services available to members of the National 
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1 Guard, including Post-9/11 Educational Assistance 

2 under chapter 33 of title 38. 

3 ‘‘(d) TRANSITION PLANS.—(1) Each individual plan 

4 created under subsection (c)(1) for a member of the Na5 tional Guard described in paragraph (2) shall include the 

6 following: 

7 ‘‘(A) A plan for the transition of the member 

8 to life in the civilian world, including with respect to 

9 employment, education, and health care. 

10 ‘‘(B) A description of the transition services 

11 that the member and the member’s family will need 

12 to achieve their transition objectives, including infor13 mation on any forms that such member will need to 

14 fill out to be eligible for such services. 

15 ‘‘(C) A point of contact for each agency or enti16 ty that can provide the transition services described 

17 in subparagraph (B). 

18 ‘‘(2) A member of the National Guard described in 

19 this paragraph is any member of the National Guard who 

20 has served on active duty in the armed forces for a period 

21 of more than 180 days. 

22 ‘‘(e) FUNDING.—Amounts for the program estab23 lished under subsection (a) for a fiscal year shall be de24 rived from amounts authorized to be appropriated for op-
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1 erations and maintenance for the National Guard for that 

2 fiscal year. 

3 ‘‘(f) STATE DEFINED.—In this section, the term 

4 ‘State’ means each of the several States of the United 

5 States, the District of Columbia, and any territory of the 

6 United States.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 58 of such title is 

9 amended by inserting after the item relating to sec10 tion 1144 the following new item: 

‘‘1144a. Transition Assistance Advisors.’’. 

11 (b) REPORT.—Not later than 90 days after the date 

12 of the enactment of this Act, the Secretary of Defense 

13 shall submit to Congress a report setting forth a descrip14 tion of the efforts of the Secretary to implement the re15 quirements of section 1144A of title 10, United States 

16 Code, as added by subsection (a)(1). 

17 Subtitle F—Reports 

18 SEC. 1061. REPORT ON STRATEGIC AIRLIFT AIRCRAFT. 

19 Not later than 90 days after the date of the enact20 ment of this Act, the Secretary of Defense shall submit 

21 to the congressional defense committees a report that sets 

22 forth the following: 

23 (1) An assessment of the feasibility and advis24 ability of obtaining a Federal Aviation Administra-
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1 tion certification for commercial use of each of the 

2 following: 

3 (A) A commercial variant of the C–17 air4 craft. 

5 (B) A retired C–17A aircraft. 

6 (C) a retired C–5A aircraft. 

7 (2) An assessment of the current limitations of 

8 the aircraft of the Civil Reserve Air Fleet. 

9 (3) An assessment of the potential for using the 

10 aircraft referred to in paragraph (1) in the Civil Re11 serve Air Fleet. 

12 (4) An assessment of the advantages of adding 

13 the aircraft referred to in paragraph (1) to the Civil 

14 Reserve Air Fleet. 

15 (5) An update on the status of any cooperation 

16 between the Federal Aviation Administration and 

17 the Department of Defense on the certification of 

18 the aircraft referred to in paragraph (1). 

19 (6) A description of all actions required, includ20 ing any impediments to such actions, to offering re21 tired C–5A aircraft or retired C–17A aircraft as ex22 cess defense articles to United States allies or for 

23 sale to Civil Reserve Air Fleet carriers. 

24 (7) A description of the actions required for in25 terested allies or Civil Reserve Air Fleet carriers to 
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1 take delivery of excess C–5A aircraft or excess C– 

2 17A aircraft, including the actions, modifications, or 

3 demilitarization necessary for such recipients to take 

4 delivery of such aircraft, and provisions for permit5 ting such recipients to undertake responsibility for 

6 such actions, to the maximum extent practicable. 

7 SEC. 1062. REPEAL OF BIENNIAL REPORT ON THE GLOBAL 

8 POSITIONING SYSTEM. 

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

10 amended— 

11 (1) by striking subsection (d); and 

12 (2) by redesignating subsection (e) as sub13 section (d). 

14 SEC. 1063. REPEAL OF ANNUAL REPORT ON THREAT POSED 

15 BY WEAPONS OF MASS DESTRUCTION, BAL16 LISTIC MISSILES, AND CRUISE MISSILES. 

17 Section 234 of the National Defense Authorization 

18 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

19 1664; 50 U.S.C. 2367) is repealed. 
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1 SEC. 1064. REPORT ON PROGRAM ON RETURN OF RARE 

2 EARTH PHOSPHORS FROM DEPARTMENT OF 

3 DEFENSE FLUORESCENT LIGHTING WASTE 

4 TO THE DOMESTIC RARE EARTH SUPPLY 

5 CHAIN. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) In its December 2011 report entitled ‘‘Crit9 ical Materials Strategy’’, the Department of Energy 

10 states that the heavy rare earth phosphors, dyspro11 sium, europium, terbium, and yttrium, are particu12 larly important given their relative scarcity and their 

13 importance to clean energy, energy efficiency, hybrid 

14 and electric vehicles, and advanced defense systems, 

15 among other key technologies. 

16 (2) While new sources of production of rare 

17 earth elements show promise, these are focused pri18 marily on the light rare earth elements. 

19 (b) SENSE OF SENATE.—It is the sense of the Senate 

20 that— 

21 (1) the recycling of end-use technologies that 

22 use rare earth elements can provide near-term op23 portunities to recapture, reprocess, and reuse some 

24 of the rare earth elements contained in them; 
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1 (2) fluorescent lighting materials could prove to 

2 be a promising recyclable source of heavy rare earth 

3 elements; 

4 (3) a cost-benefit analysis would be helpful in 

5 determining the viability of a Department of Defense 

6 program to recycle fluorescent lighting waste in 

7 order to increase its supplies of heavy rare earth ele8 ments; and 

9 (4) the recycling of heavy rare earth elements 

10 may be one component of a long term strategic plan 

11 to address the global demand for such elements, 

12 without which such elements could be unnecessarily 

13 lost. 

14 (c) REPORT REQUIRED.— 

15 (1) IN GENERAL.—Not later than March 1, 

16 2013, the Secretary of Defense shall submit to the 

17 congressional defense committees a report on the re18 sults of a cost-benefit analysis on, and on rec19 ommendations concerning, the feasibility and advis20 ability of establishing a program within the Depart21 ment of Defense to— 

22 (A) recapture fluorescent lighting waste; 

23 and 

24 (B) make such waste available to entities 

25 that have the ability to extract rare earth phos-
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1 phors, reprocess and separate them in an envi2 ronmentally safe manner, and return them to 

3 the domestic rare earth supply chain. 

4 (2) ELEMENTS.—The report required by para5 graph (1) shall include analysis of measures that 

6 could be taken to— 

7 (A) provide for the disposal and mitigation 

8 of residual mercury and other hazardous by9 products to be produced by the recycling proc10 ess; and 

11 (B) address concerns regarding the poten12 tial export of heavy rare earth materials ob13 tained from United States Government sources 

14 to non-allied nations. 

15 SEC. 1065. REPORT ON ESTABLISHMENT OF JOINT ARMED 

16 FORCES HISTORICAL STORAGE AND PRESER17 VATION FACILITY. 

18 Not later than 180 days after the date of the enact19 ment of this Act, the Secretary of Defense shall submit 

20 to the congressional defense committees a report setting 

21 forth an assessment of the feasability and advisability of 

22 establishing a joint Armed Forces historical storage and 

23 preservation facility. The report shall include a description 

24 and assessment of the current capacities and qualities of 
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1 the historical storage and preservation facilities of each 

2 of the Armed Forces, including the following: 

3 (1) An identification of any excess capacity at 

4 any such facility. 

5 (2) An identification of any shortfalls in the ca6 pacity or quality of such facilities of any Armed 

7 Force, and a description of possible actions to ad8 dress such shortfalls. 

9 SEC. 1066. STUDY ON BRADLEY FIGHTING VEHICLE INDUS10 TRIAL BASE. 

11 (a) IN GENERAL.—Not later than 90 days after the 

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

13 Army shall conduct a study on the Bradley Fighting Vehi14 cle industrial base. 

15 (b) CONTENT.—The study required under subsection 

16 (a) shall— 

17 (1) assess the quantitative impacts of a produc18 tion break for the Bradley Fighting Vehicle, includ19 ing the cost of shutdown compared to the cost of 

20 continued production; and 

21 (2) assess the qualitative impacts of a produc22 tion break for the Bradley Fighting Vehicle, includ23 ing the loss of a specialized workforce and supplier 

24 base. 
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1 SEC. 1067. REPORT ON MILITARY RESOURCES NECESSARY 

2 TO EXECUTE UNITED STATES FORCE POS3 TURE STRATEGY IN THE ASIA PACIFIC RE4 GION. 

5 (a) REVIEW REQUIRED.— 

6 (1) IN GENERAL.—The Secretary of Defense 

7 shall, in consultation with the Chairman of the Joint 

8 Chiefs of Staff, conduct a comprehensive review of 

9 the national defense strategy, force structure, force 

10 modernization plans, infrastructure, budget plan, 

11 and other elements of the defense program and poli12 cies of the United States with regard to the Asia Pa13 cific region to determine the resources, equipment, 

14 and transportation required to meet the strategic 

15 and operational plans of the United States. 

16 (2) ELEMENTS.—The review required under 

17 paragraph (1) shall include the following elements: 

18 (A) The force structure, force moderniza19 tion plans, infrastructure, budget plan, and 

20 other elements of the defense program of the 

21 United States associated with the Asia Pacific 

22 region that would be required to execute suc23 cessfully the full range of missions called for in 

24 the national defense strategy. 

25 (B) An estimate of the timing for initial 

26 and final operational capability for each unit 
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1 based in, realigned within, or identified for sup2 port to the Asia Pacific region. 

3 (C) An assessment of the strategic and 

4 tactical sea, ground, and air transportation re5 quired for the forces assigned to the Asia Pa6 cific region to meet strategic and operational 

7 plans. 

8 (D) The specific capabilities, including the 

9 general number and type of specific military 

10 platforms, their permanent station, and planned 

11 forward operating locations needed to achieve 

12 the strategic and warfighting objectives identi13 fied in the review. 

14 (E) The forward presence, phased deploy15 ments, pre-positioning, and other anticipatory 

16 deployments of manpower or military equip17 ment necessary for conflict deterrence and ade18 quate military response to anticipated conflicts. 

19 (F) The budget plan that would be re20 quired to provide sufficient resources to execute 

21 successfully the full range of missions and 

22 phased operations in the Asia Pacific region at 

23 a low-to-moderate level of risk and any addi24 tional resources (beyond those programmed in 
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1 the current future-years defense program) re2 quired to achieve such a level of risk. 

3 (G) Budgetary recommendations that are 

4 not constrained to comply with and are fully 

5 independent of the budget submitted to Con6 gress by the President pursuant to section 1105 

7 of title 31, United States Code. 

8 (b) CJCS REVIEW.—Upon the completion of the re9 view under subsection (a), the Chairman of the Joint 

10 Chiefs of Staff shall prepare and submit to the Secretary 

11 of Defense the Chairman’s assessment of the review, in12 cluding the Chairman’s assessment of risk and a descrip13 tion of the capabilities needed to address such risk. 

14 (c) REPORT.— 

15 (1) IN GENERAL.—Not later than one year 

16 after the date of the enactment of this Act, the Sec17 retary of Defense shall submit to the congressional 

18 defense committees a report on the results of the re19 view required under subsection (a). 

20 (2) CONTENT.—The report required under 

21 paragraph (1) shall include the following elements: 

22 (A) A description of the elements set forth 

23 under subsection (a)(1). 
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1 (B) A description of the assumptions used 

2 in the examination, including assumptions relat3 ing to— 

4 (i) the status of readiness of the 

5 Armed Forces; 

6 (ii) the cooperation of allies, mission7 sharing, and additional benefits to and 

8 burdens on the Armed Forces resulting 

9 from coalition operations; 

10 (iii) warning times; 

11 (iv) levels of engagement in operations 

12 other than war and smaller-scale contin13 gencies and withdrawal from such oper14 ations and contingencies; 

15 (v) the intensity, duration, and mili16 tary and political end-states of conflicts 

17 and smaller-scale contingencies; and 

18 (vi) the roles and responsibilities that 

19 would be discharged by contractors. 

20 (C) Any other matters the Secretary of 

21 Defense considers appropriate. 

22 (D) The assessment of the Chairman of 

23 the Joint Chiefs of Staff under subsection (b), 

24 including related comments of the Secretary of 

25 Defense. 
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1 (3) FORM.—The report required under para2 graph (1) may be submitted in classified or unclassi3 fied form. 

4 SEC. 1068. REPORT ON PLANNED EFFICIENCY INITIATIVES 

5 AT SPACE AND NAVAL WARFARE SYSTEMS 

6 COMMAND. 

7 (a) REPORT REQUIRED.—Not later than 90 days 

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

9 of the Navy shall submit to the congressional defense com10 mittees a report on plans to implement efficiency initia11 tives to reduce overhead costs at the Space and Naval 

12 Warfare Systems Command (SPAWAR), including a de13 tailed description of the long-term impacts on current and 

14 planned future mission requirements. 

15 SEC. 1069. STUDY ON ABILITY OF NATIONAL AIR AND 

16 GROUND TEST AND EVALUATION INFRA17 STRUCTURE FACILITIES TO SUPPORT DE18 FENSE HYPERSONIC TEST AND EVALUATION 

19 ACTIVITIES. 

20 (a) STUDY REQUIRED.—The Director of the Office 

21 of Science and Technology Policy, working with the Sec22 retary of Defense and the Administrator of the National 

23 Aeronautics and Space Administration (NASA), shall con24 duct a study on the ability of Department of Defense and 

25 NASA air and ground test and evaluation infrastructure 
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1 facilities and private ground test and evaluation infra2 structure facilities, including wind tunnels and air test 

3 ranges, as well as associated instrumentation, to support 

4 defense hypersonic test and evaluation activities for the 

5 short and long term. 

6 (b) REPORT AND PLAN.— 

7 (1) IN GENERAL.—Not later than one year 

8 after the date of the enactment of this Act, the Sec9 retary of Defense shall submit to the appropriate 

10 congressional committees a report containing the re11 sults of the study required under subsection (a) to12 gether with a plan for requirements and proposed 

13 investments to meet Department of Defense needs 

14 through 2025. 

15 (2) CONTENT.—The report required under 

16 paragraph (1) shall include the following elements: 

17 (A) An assessment of the current condition 

18 and adequacy of the hypersonics test and eval19 uation infrastructure within the Department of 

20 Defense, NASA, and the private sector to sup21 port hypersonic research and development with22 in the Department of Defense. 

23 (B) An identification of test and evaluation 

24 infrastructure that could be used to support 

25 Department of Defense hypersonic research and 
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1 development outside the Department and assess 

2 means to ensure the availability of such capa3 bilities to the Department in the present and 

4 future. 

5 (C) A time-phased plan to acquire required 

6 hypersonics research, development, test and 

7 evaluation capabilities, including identification 

8 of the resources necessary to acquire any need9 ed capabilities that are currently not available. 

10 (3) APPROPRIATE CONGRESSIONAL COMMIT11 TEES DEFINED.—In this subsection, the term ‘‘ap12 propriate congressional committees’’ means— 

13 (A) the Committee on Armed Services and 

14 the Committee on Commerce, Science, and 

15 Transportation of the Senate; and 

16 (B) the Committee on Armed Services and 

17 the Committee on Science, Space, and Tech18 nology of the House of Representatives. 

19 SEC. 1069A. REPORT ON SIMULATED TACTICAL FLIGHT 

20 TRAINING IN A SUSTAINED GRAVITY ENVI21 RONMENT. 

22 (a) INDEPENDENT STUDY REQUIRED.—The Sec23 retary of Defense shall provide for the conduct by an ap24 propriate federally funded research and development cen-
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1 ter (FFRDC) of a study on the effectiveness of simulated 

2 tactical flight training in a sustained gravity environment. 

3 (b) ELEMENTS.—The study conducted pursuant to 

4 subsection (a) shall include the following: 

5 (1) An assessment of the effectiveness of high 

6 fidelity simulated tactical flight training in a sus7 tained gravity environment generally, and, in par8 ticular, the effectiveness of such training in pre9 paring pilots to withstand and tolerate the high10 gravity forces associated with the operation of high11 performance combat aircraft (commonly referred to 

12 as ‘‘G readiness’’ and ‘‘G tolerance’’). 

13 (2) An assessment of the cost savings to be 

14 achieved through the use of simulated tactical flight 

15 training in a sustained gravity environment, includ16 ing cost savings associated with operation and main17 tenance and life cycle savings associated with air18 craft and airframe usage. 

19 (3) An assessment of the safety benefits to be 

20 achieved through the use of simulated tactical flight 

21 training in a sustained gravity environment. 

22 (4) An identification and assessment of other 

23 benefits to be achieved through the use of simulated 

24 tactical flight training in a sustained gravity envi25 ronment, including benefits relating to physiological 
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1 research and benefits relating to reductions in car2 bon emissions. 

3 (5) An evaluation and comparison of tactical 

4 flight simulators that could be used for simulated 

5 tactical flight training in a sustained gravity envi6 ronment. 

7 (6) Such other matters relating to the use of 

8 simulated tactical flight training in a sustained grav9 ity environment as the Secretary shall specify for 

10 purposes of the study. 

11 (c) REPORT.—In providing for study pursuant to 

12 subsection (a), the Secretary shall require the federally 

13 funded research and development center conducting the 

14 study to submit to the Secretary a report on the results 

15 of the study, including the matters specified in subsection 

16 (b), by not later than 18 months after the date of the 

17 enactment of this Act. 

18 (d) TRANSMITTAL TO CONGRESS.—Not later than 90 

19 days after the submittal to the Secretary of the report re20 quired by subsection (c), the Secretary shall transmit the 

21 report to the congressional defense committees, together 

22 with any comments of the Secretary in light of the report 

23 and such recommendations for legislative or administra24 tive action as the Secretary considers appropriate regard-
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1 ing the use of simulated tactical flight training in a sus2 tained gravity environment in light of the report. 

3 SEC. 1069B. REPORT ON DEPARTMENT OF DEFENSE SUP4 PORT FOR UNITED STATES DIPLOMATIC SE5 CURITY. 

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, in coordination with the Secretary of 

9 State, submit to the Committees on Armed Services of the 

10 Senate and the House of Representatives a report on the 

11 findings of the ongoing Department of Defense review of 

12 defense support of United States diplomatic security. 

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

14 (a) shall include, but not be limited to, such findings and 

15 recommendations as the Secretaries consider appropriate 

16 with respect to the following: 

17 (1) Department of Defense authorities, direc18 tives, and guidelines in support of diplomatic secu19 rity. 

20 (2) Interagency processes and procedures to 

21 identify, validate, and resource diplomatic security 

22 support required from the Department of Defense. 

23 (3) Department of Defense roles, missions, and 

24 resources required to fulfill requirements for United 
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1 States diplomatic security, including, but not limited 

2 to the following: 

3 (A) Marine Corps Embassy Security Guard 

4 detachments. 

5 (B) Training and advising host nation se6 curity forces for diplomatic security. 

7 (C) Intelligence collection to prevent and 

8 respond to threats to diplomatic security. 

9 (D) Security assessments of diplomatic 

10 missions. 

11 (E) Support of emergency action planning. 

12 (F) Rapid response forces to respond to 

13 threats to diplomatic security. 

14 (c) FORM.—The report required by subsection (a) 

15 shall be submitted in unclassified form, but may include 

16 a classified annex. 

17 SEC. 1069C. COMPTROLLER GENERAL OF THE UNITED 

18 STATES REPORT ON DEPARTMENT OF DE19 FENSE SPENDING FOR CONFERENCES AND 

20 CONVENTIONS. 

21 Not later than 180 days after the date of the enact22 ment of this Act, the Comptroller General of the United 

23 States shall submit to the congressional defense commit24 tees a report setting forth an assessment of Department 

25 of Defense spending for conferences and conventions. The 
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1 report shall include, at a minimum, an assessment of the 

2 following: 

3 (1) The extent to which Department spending 

4 for conferences and conventions has been wasteful or 

5 excessive. 

6 (2) The actions the Department has taken to 

7 control spending for conferences and conventions, 

8 and the efficacy of those actions. 

9 (3) Any fees incurred for the cancellation of 

10 conferences or conventions and an evaluation of the 

11 impact of cancelling conferences and conventions. 

12 Subtitle G—Nuclear Matters 

13 SEC. 1071. STRATEGIC DELIVERY SYSTEMS. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) The Nuclear Posture Review of 2010 said, 

17 with respect to modernizing the triad, ‘‘for planned 

18 reductions under New START, the United States 

19 should retain a smaller Triad of SLBMs, ICBMs, 

20 and heavy bombers. Retaining all three Triad legs 

21 will best maintain strategic stability at reasonable 

22 cost, while hedging against potential technical prob23 lems or vulnerabilities’’. 

24 (2) The Senate stated in Declaration 12 of the 

25 Resolution of Advice and Consent to Ratification of 
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1 the New START Treaty that ‘‘In accordance with 

2 paragraph 1 of Article V of the New START Trea3 ty, which states that, ‘Subject to the provisions of 

4 this Treaty, modernization and replacement of stra5 tegic offensive arms may be carried out,’ it is the 

6 sense of the Senate that United States deterrence 

7 and flexibility is assured by a robust triad of stra8 tegic delivery vehicles. To this end, the United 

9 States is committed to accomplishing the moderniza10 tion and replacement of its strategic nuclear delivery 

11 vehicles, and to ensuring the continued flexibility of 

12 United States conventional and nuclear delivery sys13 tems’’. 

14 (3) The Senate required the President, prior to 

15 the entry into force of the New START Treaty, to 

16 certify to the Senate that the President intended to 

17 modernize or replace the triad of strategic nuclear 

18 delivery systems. 

19 (4) The President made this certification in a 

20 message to the Senate on February 2, 2011, in 

21 which the President stated, ‘‘I intend to (a) mod22 ernize or replace the triad of strategic nuclear deliv23 ery systems: a heavy bomber and air-launched cruise 

24 missile, an ICBM, and a nuclear-powered ballistic 

25 missile submarine (SSBN) and SLBM; and (b) 
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1 maintain the United States rocket motor industrial 

2 base’’. 

3 (b) REQUIREMENTS.— 

4 (1) IN GENERAL.—Chapter 23 of title 10, 

5 United States Code, is amended by adding at the 

6 end the following new section: 

7 ‘‘§ 491. Strategic delivery systems 

8 ‘‘(a) ANNUAL CERTIFICATION.—Beginning in fiscal 

9 year 2013, the President shall annually certify in writing 

10 to the congressional defense committees whether plans to 

11 modernize or replace strategic delivery systems are fully 

12 funded at levels equal to or more than the levels set forth 

13 in the November 2010 update to the plan referred to in 

14 section 1251 of the National Defense Authorization Act 

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

16 2549), including plans regarding— 

17 ‘‘(1) a heavy bomber and air-launched cruise 

18 missile; 

19 ‘‘(2) an intercontinental ballistic missile; 

20 ‘‘(3) a submarine-launched ballistic missile; 

21 ‘‘(4) a ballistic missile submarine; and 

22 ‘‘(5) maintaining the nuclear command and 

23 control system (as first reported in section 1043 of 

24 the National Defense Authorization Act for Fiscal 

25 Year 2012 (Public Law 112–81; 125 Stat. 1576)). 
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1 ‘‘(b) ADDITIONAL REPORT MATTERS FOLLOWING

2 CERTAIN CERTIFICATIONS.—If the President certifies 

3 under subsection (a) that plans to modernize or replace 

4 strategic delivery systems are not fully funded, the Presi5 dent shall include in the next annual report submitted to 

6 Congress under section 1043 of the National Defense Au7 thorization Act for Fiscal Year 2012 the following: 

8 ‘‘(1) A determination whether or not the lack of 

9 full funding will result in a loss of military capability 

10 when compared with the November 2010 update to 

11 the plan referred to in section 1251 of the National 

12 Defense Authorization Act for Fiscal Year 2010. 

13 ‘‘(2) If the determination under paragraph (1) 

14 is that the lack of full funding will result in a loss 

15 of military capability— 

16 ‘‘(A) a plan to preserve or retain the mili17 tary capability that would otherwise be lost; or 

18 ‘‘(B) a report setting forth— 

19 ‘‘(i) an assessment of the impact of 

20 the lack of full funding on the strategic de21 livery systems specified in subsection (a); 

22 and 

23 ‘‘(ii) a description of the funding re24 quired to restore or maintain the capa25 bility. 
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1 ‘‘(3) A certification by the President whether or 

2 not the President is committed to accomplishing the 

3 modernization and replacement of strategic delivery 

4 systems and will meet the obligations concerning nu5 clear modernization as set forth in declaration 12 of 

6 the Resolution of Advice and Consent to Ratification 

7 of the New START Treaty. 

8 ‘‘(c) TREATMENT OF CERTAIN REDUCTIONS.—Any 

9 certification under subsection (a) shall not take into ac10 count the following: 

11 ‘‘(1) Reductions made to ensure the safety, se12 curity, reliability, and credibility of the nuclear 

13 weapons stockpile and strategic delivery systems, in14 cluding activities related to surveillance, assessment, 

15 certification, testing, and maintenance of nuclear 

16 warheads and delivery systems. 

17 ‘‘(2) Strategic delivery systems that are retired 

18 or awaiting dismantlement on the date of the certifi19 cation under subsection (a). 

20 ‘‘(d) DEFINITIONS.—In this section: 

21 ‘‘(1) The term ‘New START Treaty’ means the 

22 Treaty between the United States of America and 

23 the Russian Federation on Measures for the Further 

24 Reduction and Limitation of Strategic Offensive 
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1 Arms, signed on April 8, 2010, and entered into 

2 force on February 5, 2011. 

3 ‘‘(2) The term ‘strategic delivery system’ means 

4 a delivery system for nuclear weapons.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 23 of such title is 

7 amended by adding at the end the following new 

8 item: 

‘‘491. Strategic delivery systems.’’. 

9 SEC. 1072. REQUIREMENTS DEFINITION FOR COMBINED 

10 WARHEAD FOR CERTAIN MISSILE SYSTEMS. 

11 Not later than 60 days after the date of the enact12 ment of this Act, the Nuclear Weapons Council shall sub13 mit Congress a report setting forth a definition of the re14 quirements for a combined warhead for the W–78 Minute15 man III missile system and the W–88 Trident D–5 missile 

16 system. The definition shall serve as the basis for a 6.1 

17 conception definition and 6.2 feasibility study for the com18 bined systems. 

19 SEC. 1073. CONGRESSIONAL BUDGET OFFICE ESTIMATE OF 

20 COSTS OF NUCLEAR WEAPONS AND DELIV21 ERY SYSTEMS. 

22 Not later than one year after the date of the enact23 ment of this Act, the Director of the Congressional Budget 

24 Office shall submit to the congressional defense commit25 tees a report setting forth the following: 
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1 (1) An estimate of the costs over the 10-year 

2 period beginning on the date of the report associated 

3 with fielding and maintaining the current nuclear 

4 weapons and nuclear weapon delivery systems of the 

5 United States. 

6 (2) An estimate of the costs over the 10-year 

7 period beginning on the date of the report of any life 

8 extension, modernization, or replacement of any cur9 rent nuclear weapons or nuclear weapon delivery sys10 tems of the United States that is anticipated as of 

11 the date of the report. 

12 SEC. 1074. BRIEFINGS ON DIALOGUE BETWEEN THE 

13 UNITED STATES AND THE RUSSIAN FEDERA14 TION ON NUCLEAR ARMS, MISSILE DEFENSE, 

15 AND LONG-RANGE CONVENTIONAL STRIKE 

16 SYSTEMS. 

17 (a) BRIEFINGS.—Not later than 60 days after the 

18 date of the enactment of this Act, and not less than twice 

19 each year thereafter, the President, or the President’s des20 ignee, shall brief the Committees on Foreign Relations and 

21 Armed Services of the Senate on the dialogue between the 

22 United States and the Russian Federation on issues re23 lated to limits or controls on nuclear arms, missile defense 

24 systems, or long-range conventional strike systems. 
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1 (b) SENSE OF THE SENATE ON CERTAIN AGREE2 MENTS.—It is the sense of the Senate that any agreement 

3 between the United States and the Russian Federation re4 lated to missile defense, nuclear weapons, or long-range 

5 conventional strike systems obligating the United States 

6 to reduce or limit the Armed Forces or armaments of the 

7 United States in any militarily significant manner may be 

8 made only pursuant to the treaty-making power of the 

9 President as set forth in Article II, section 2, clause 2 

10 of the Constitution of the United States. 

11 Subtitle H—Other Matters 

12 SEC. 1081. REDESIGNATION OF THE CENTER FOR HEMI13 SPHERIC DEFENSE STUDIES AS THE WILLIAM 

14 J. PERRY CENTER FOR HEMISPHERIC DE15 FENSE STUDIES. 

16 (a) REDESIGNATION.— 

17 (1) IN GENERAL.—The Center for Hemispheric 

18 Defense Studies is hereby redesignated as the ‘‘Wil19 liam J. Perry Center for Hemispheric Defense Stud20 ies’’. 

21 (2) REFERENCES.—Any reference in any law, 

22 regulation, map, document, record, or other paper of 

23 the United States to the center referred to in para24 graph (1) shall be considered to be a reference to 
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1 the William J. Perry Center for Hemispheric De2 fense Studies. 

3 (b) CONFORMING AMENDMENTS.—Title 10, United 

4 States Code, is amended as follows: 

5 (1) In section 184— 

6 (A) in subsection (b)(2), by striking sub7 paragraph (C) and inserting the following new 

8 subparagraph (C): 

9 ‘‘(C) The William J. Perry Center for Hemi10 spheric Defense Studies, established in 1997 and lo11 cated in Washington, D.C.’’; and 

12 (B) in subsection (f)(5), by striking ‘‘Cen13 ter for Hemispheric Defense Studies’’ and in14 serting ‘‘William J. Perry Center for Hemi15 spheric Defense Studies’’. 

16 (2) In section 2611(a)(2), by striking subpara17 graph (C) and inserting the following new subpara18 graph (C): 

19 ‘‘(C) The William J. Perry Center for Hemi20 spheric Defense Studies.’’. 

21 SEC. 1082. TECHNICAL AMENDMENTS TO REPEAL STATU22 TORY REFERENCES TO UNITED STATES 

23 JOINT FORCES COMMAND. 

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

25 (1)(A) Section 232 is repealed. 
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1 (B) The table of sections at the beginning of 

2 chapter 9 is amended by striking the item relating 

3 to section 232. 

4 (2) Section 2859(d) is amended— 

5 (A) by striking paragraph (2); and 

6 (B) by redesignating paragraph (3) as 

7 paragraph (2). 

8 (3) Section 10503(13)(B) is amended— 

9 (A) by striking clause (iii); and 

10 (B) redesignating clause (iv) as clause (iii). 

11 SEC. 1083. SENSE OF CONGRESS ON NON-UNITED STATES 

12 CITIZENS WHO ARE GRADUATES OF UNITED 

13 STATES EDUCATIONAL INSTITUTIONS WITH 

14 ADVANCED DEGREES IN SCIENCE, TECH15 NOLOGY, ENGINEERING, AND MATHEMATICS. 

16 (a) FINDINGS.—Congress makes the following find17 ings: 

18 (1) It is a national security concern that more 

19 than half of all graduates with advanced scientific 

20 and technical degrees from United States institu21 tions of higher education are non-United States citi22 zens who have very limited opportunities upon grad23 uation to contribute to the science and technology 

24 activities of the Department of Defense and the 

25 United States defense industrial base. 
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1 (2) The capabilities of the Armed Forces are 

2 highly reliant upon advanced technologies that pro3 vide our forces with a technological edge on the bat4 tlefield. 

5 (3) In order to maintain and advance our mili6 tary technological superiority, the United States re7 quires the best and brightest scientists, mathemati8 cians, and engineers to discover, develop, and field 

9 the next generation of weapon systems and defense 

10 technologies. 

11 (4) The Department of Defense and the defense 

12 industrial base compete with other sectors for a lim13 ited number of United States citizens who have ap14 propriate advanced degrees and skills. 

15 (5) While an overarching national priority is to 

16 increase the numbers of United States citizens who 

17 have appropriate advanced degrees in science, tech18 nology, engineering, and mathematics (STEM), it 

19 would be beneficial if the Department of Defense 

20 and the defense industrial base were able to access 

21 the pool of talent of non-United States citizens with 

22 advanced scientific and technical degrees from 

23 United States institutions of higher education, many 

24 of whom are otherwise returning to their home coun25 tries. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress— 

3 (1) that the Department of Defense should 

4 make every reasonable and practical effort to in5 crease the number of United States citizens who 

6 pursue advanced degrees in science, technology, en7 gineering, and mathematics; and 

8 (2) to strongly urge the Department of Defense 

9 to investigate innovative mechanisms (subject to all 

10 appropriate security requirements) to access to the 

11 pool of talent of non-United States citizens with ad12 vanced scientific and technical degrees from United 

13 States institutions of higher education, especially in 

14 those scientific and technical areas that are most 

15 vital to the national defense (such as those identified 

16 by the Assistant Secretary of Defense for Research 

17 and Engineering and the Armed Forces). 

18 SEC. 1084. SENSE OF SENATE ON THE MAINTENANCE BY 

19 THE UNITED STATES OF A TRIAD OF STRA20 TEGIC NUCLEAR DELIVERY SYSTEMS. 

21 (a) FINDINGS.—The Senate finds the following: 

22 (1) The April 2010 Nuclear Posture Review 

23 concluded that even with the reductions specified in 

24 the New START Treaty, the United States should 

25 retain a nuclear ‘‘Triad’’ of land-based interconti-
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1 nental ballistic missiles, submarine-launched ballistic 

2 missiles and nuclear capable heavy bombers, noting 

3 that ‘‘[r]etaining all three Triad legs will best main4 tain strategic stability at reasonable cost, while 

5 hedging against potential technical problems or 

6 vulnerabilities’’. 

7 (2) The resolution of ratification for the New 

8 START Treaty, which the Senate approved on De9 cember 22, 2010, stated that ‘‘it is the sense of the 

10 Senate that United States deterrence and flexibility 

11 is assured by a robust triad of strategic delivery ve12 hicles. To this end, the United States is committed 

13 to accomplishing the modernization and replacement 

14 of its strategic nuclear delivery vehicles, and to en15 suring the continued flexibility of United States con16 ventional and nuclear delivery systems’’. 

17 (3) In a message to the Senate on February 2, 

18 2011, President Obama certified that he intended to 

19 ‘‘modernize or replace the triad of strategic nuclear 

20 delivery systems: a heavy bomber and air-launched 

21 cruise missile, an ICBM, and a nuclear-powered bal22 listic missile submarine (SSBN) and SLBM’’ and to 

23 ‘‘maintain the United States rocket motor industrial 

24 base’’. 
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1 (b) SENSE OF SENATE.—It is the sense of the Senate 

2 that— 

3 (1) the United States should maintain a triad 

4 of strategic nuclear delivery systems; and 

5 (2) the United States is committed to modern6 izing the component weapons and delivery systems 

7 of that triad. 

8 SEC. 1085. PLAN TO PARTNER WITH STATE AND LOCAL EN9 TITIES TO ADDRESS VETERANS CLAIMS 

10 BACKLOG. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) The Department of Veterans Affairs defines 

14 any claim for benefits under laws administered by 

15 the Secretary of Veterans Affairs as backlogged if 

16 the claim has been pending for 125 days or more. 

17 (2) According to the Department, as of Novem18 ber 24, 2012, there were 899,540 pending claims, 

19 with 604,583 (67.2 percent) of those considered 

20 backlogged. 

21 (3) The Department’s data further shows that, 

22 on November 22, 2010, there were 749,934 claims 

23 pending, with only 244,129 (32.6 percent) of those 

24 considered backlogged. 
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1 (4) During the past two years, both the overall 

2 number of backlogged claims and the percentage of 

3 all pending claims that are backlogged have doubled. 

4 (5) In order to reduce the claims backlog at re5 gional offices of the Department of Veterans Affairs 

6 located in Texas, the Texas Veterans Commission 

7 announced two initiatives on July 19, 2012, to part8 ner with the Department of Veterans Affairs— 

9 (A) to assist veterans whose claims are al10 ready backlogged to complete development of 

11 those claims; and 

12 (B) to help veterans who are filing new 

13 claims to fully develop those claims prior to fil14 ing them, shortening the processing time re15 quired. 

16 (6) The common goal of the two initiatives of 

17 the Texas Veterans Commission, called the ‘‘Texas 

18 State Strike Force Team’’ and the ‘‘Fully Developed 

19 Claims Team Initiative’’, is to reduce the backlog of 

20 claims pending in Texas by 17,000 within one year. 

21 (7) During the first two months of these new 

22 initiatives, the Texas Veterans Commission helped 

23 veterans complete development of more than 2,500 

24 backlogged claims and assisted veterans with the 

25 submission of more than 800 fully developed claims. 
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1 (8) In testimony before the Subcommittee on 

2 Disability Assistance and Memorial Affairs of the 

3 Committee on Veterans’ Affairs of the House of 

4 Representatives on September 21, 2012, Diana 

5 Rubens, Deputy Under Secretary for Field Oper6 ations of the Veterans Benefits Administration, indi7 cated that the Department of Veterans Affairs has 

8 experienced positive outcomes in projects with the 

9 Texas Veterans Commission, stating that both Vet10 erans Service Organizations ‘‘and state and county 

11 service officers... are important partners in 

12 VBA’s transformation to better serve Veterans.’’. 

13 (9) At the same hearing, Mr. John Limpose, di14 rector of the regional office of the Department of 

15 Veterans Affairs in Waco, Texas, testified that the 

16 ‘‘TVC is working very, very well’’ with regional of17 fices of the Department in Texas, calling the Texas 

18 Veterans Commission a ‘‘very positive story that we 

19 can branch out into... all of our stakeholders.’’. 

20 (b) REPORT.— 

21 (1) IN GENERAL.—Not later than 60 days after 

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

23 of Veterans Affairs shall submit to Congress a plan 

24 to reduce the current backlog of pending claims for 

25 benefits under laws administered by the Secretary 
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1 and more efficiently process claims for such benefits 

2 in the future. 

3 (2) CONTENTS.—The report required by para4 graph (1) shall include the following: 

5 (A) A summary of all steps the Secretary 

6 has taken thus far to partner with non-Federal 

7 entities in support of efforts to reduce the back8 log described in paragraph (1) and more effi9 ciently process claims described in such para10 graph in the future, including two previous ini11 tiatives by the Texas Veterans Commission, 

12 namely the 2008–2009 Development Assistant 

13 Pilot Project and the 2009–2011 Claims Proc14 essing Assistance Team. 

15 (B) A plan for the Secretary to partner 

16 with non-Federal entities to support efforts to 

17 reduce such backlog and more efficiently proc18 ess such claims in the future, including the fol19 lowing: 

20 (i) State and local agencies relating to 

21 veterans affairs. 

22 (ii) Organizations recognized by the 

23 Secretary for the representation of vet24 erans under section 5902 of title 38, 

25 United States Code. 
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1 (iii) Such other relevant government 

2 and non-government entities as the Sec3 retary considers appropriate. 

4 (C) A description of how the Secretary in5 tends to leverage partnerships with non-Federal 

6 entities described in subparagraph (B) to elimi7 nate such backlog, including through increasing 

8 the percentage of claims that are fully devel9 oped prior to submittal to the Secretary and en10 suring that new claims are fully developed prior 

11 to their submittal. 

12 (D) A description of what steps the Sec13 retary has taken and will take— 

14 (i) to expedite the processing of claims 

15 that are already fully developed at the time 

16 of submittal; and 

17 (ii) to support initiatives by non-Fed18 eral entities described in subparagraph (B) 

19 to help claimants gather and submit nec20 essary evidence for claims that were pre21 viously filed but require further develop22 ment. 

23 (E) A description of how partnerships with 

24 non-Federal entities described in subparagraph 
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1 (B) will fit into the Secretary’s overall claims 

2 processing transformation plan. 

3 SEC. 1086. SENSE OF THE SENATE ON PROTECTION OF DE4 PARTMENT OF DEFENSE AIRFIELDS, TRAIN5 ING AIRSPACE, AND AIR TRAINING ROUTES. 

6 It is the sense of the Senate that— 

7 (1) Department of Defense airfields, training 

8 airspace, and air training routes are national treas9 ures that must be protected from encroachment; 

10 (2) placement or emplacement of obstructions 

11 near or on Department of Defense airfields, training 

12 airspace, or air training routes has the potential of 

13 increasing risk to military aircraft and personnel as 

14 well as impacting training and readiness; and 

15 (3) the Department of Defense should develop 

16 comprehensive rules and regulations to address con17 struction and use of land in close proximity to De18 partment of Defense airfields, training areas, or air 

19 training routes to ensure compatibility with military 

20 aircraft operations. 
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1 SEC. 1087. 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. 1088. SENSE OF CONGRESS THAT THE BUGLE CALL 

10 COMMONLY KNOWN AS TAPS SHOULD BE 

11 DESIGNATED AS THE NATIONAL SONG OF 

12 MILITARY REMEMBRANCE. 

13 It is the sense of Congress that the bugle call com14 monly known as ‘‘Taps’’ should be designated as the Na15 tional Song of Military Remembrance. 

16 SEC. 1089. REPORTS ON THE POTENTIAL SECURITY 

17 THREAT POSED BY BOKO HARAM. 

18 (a) DIRECTOR OF NATIONAL INTELLIGENCE RE19 PORT.—Not later than 180 days after the date of the en20 actment of this Act, the Director of National Intelligence 

21 shall submit to Congress an intelligence assessment of the 

22 Nigerian organization known as Boko Haram. Such as23 sessment shall address the following: 

24 (1) The organizational structure, operational 

25 goals, and funding sources of Boko Haram. 
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1 (2) The extent to which Boko Haram threatens 

2 the stability of Nigeria and surrounding countries. 

3 (3) The extent to which Boko Haram threatens 

4 the security of citizens of the United States or the 

5 national security or interests of the United States. 

6 (4) Any interaction between Boko Haram and 

7 al-Qaeda in the Islamic Maghreb or other al-Qaeda 

8 affiliates with respect to operational planning and 

9 execution, training, and funding. 

10 (5) The capacity of Nigerian security forces to 

11 counter the threat posed by Boko Haram and an as12 sessment of the effectiveness of the strategy of the 

13 Nigerian government to date. 

14 (6) Any intelligence gaps with respect to the 

15 leadership, operational goals, and capabilities of 

16 Boko Haram. 

17 (b) SECRETARY OF STATE REPORT.—Not later than 

18 90 days after the date the report required by subsection 

19 (a) is submitted to Congress, the Secretary of State shall 

20 submit to Congress a report describing the strategy of the 

21 United States to counter the threat posed by Boko 

22 Haram. 
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1 SEC. 1090. NATIONAL VETERANS BUSINESS DEVELOPMENT 

2 CORPORATION. 

3 (a) IN GENERAL.—The Small Business Act (15 

4 U.S.C. 631 et seq.) is amended by striking section 33 (15 

5 U.S.C. 657c). 

6 (b) CORPORATION.—On and after the date of enact7 ment of this Act, the National Veterans Business Develop8 ment Corporation and any successor thereto may not rep9 resent that the corporation is federally chartered or in any 

10 other manner authorized by the Federal Government. 

11 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 (1) SMALL BUSINESS ACT.—The Small Busi13 ness Act (15 U.S.C. 631 et seq.), as amended by 

14 this section, is amended— 

15 (A) by redesignating sections 34 through 

16 45 as sections 33 through 44, respectively; 

17 (B) in section 9(k)(1)(D) (15 U.S.C. 

18 638(k)(1)(D)), by striking ‘‘section 34(d)’’ and 

19 inserting ‘‘section 33(d)’’; 

20 (C) in section 33 (15 U.S.C. 657d), as so 

21 redesignated— 

22 (i) by striking ‘‘section 35’’ each place 

23 it appears and inserting ‘‘section 34’’; 

24 (ii) in subsection (a)— 
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1 (I) in paragraph (2), by striking 

2 ‘‘section 35(c)(2)(B)’’ and inserting 

3 ‘‘section 34(c)(2)(B)’’; 

4 (II) in paragraph (4), by striking 

5 ‘‘section 35(c)(2)’’ and inserting ‘‘sec6 tion 34(c)(2)’’; and 

7 (III) in paragraph (5), by strik8 ing ‘‘section 35(c)’’ and inserting 

9 ‘‘section 34(c)’’; and 

10 (iii) in subsection (h)(2), by striking 

11 ‘‘section 35(d)’’ and inserting ‘‘section 

12 34(d)’’; 

13 (D) in section 34 (15 U.S.C. 657e), as so 

14 redesignated— 

15 (i) by striking ‘‘section 34’’ each place 

16 it appears and inserting ‘‘section 33’’; and 

17 (ii) in subsection (c)(1), by striking 

18 section ‘‘34(c)(1)(E)(ii)’’ and inserting sec19 tion ‘‘33(c)(1)(E)(ii)’’; 

20 (E) in section 36(d) (15 U.S.C. 657i(d)), 

21 as so redesignated, by striking ‘‘section 43’’ and 

22 inserting ‘‘section 42’’; 

23 (F) in section 39(d) (15 U.S.C. 657l(d)), 

24 as so redesignated, by striking ‘‘section 43’’ and 

25 inserting ‘‘section 42’’; and 
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1 (G) in section 40(b) (15 U.S.C. 657m(b)), 

2 as so redesignated, by striking ‘‘section 43’’ and 

3 inserting ‘‘section 42’’. 

4 (2) TITLE 10.—Section 1142(b)(13) of title 10, 

5 United States Code, is amended by striking ‘‘and 

6 the National Veterans Business Development Cor7 poration’’. 

8 (3) TITLE 38.—Section 3452(h) of title 38, 

9 United States Code, is amended by striking ‘‘any of 

10 the’’ and all that follows and inserting ‘‘any small 

11 business development center described in section 21 

12 of the Small Business Act (15 U.S.C. 648), insofar 

13 as such center offers, sponsors, or cosponsors an en14 trepreneurship course, as that term is defined in sec15 tion 3675(c)(2).’’. 

16 (4) FOOD, CONSERVATION, AND ENERGY ACT

17 OF 2008.—Section 12072(c)(2) of the Food, Con18 servation, and Energy Act of 2008 (15 U.S.C. 

19 636g(c)(2)) is amended by striking ‘‘section 43 of 

20 the Small Business Act, as added by this Act’’ and 

21 inserting ‘‘section 42 of the Small Business Act (15 

22 U.S.C. 657o)’’. 

23 (5) VETERANS ENTREPRENEURSHIP AND

24 SMALL BUSINESS DEVELOPMENT ACT OF 1999.—Sec25 tion 203(c)(5) of the Veterans Entrepreneurship and 
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1 Small Business Development Act of 1999 (15 U.S.C. 

2 657b note) is amended by striking ‘‘In cooperation 

3 with the National Veterans Business Development 

4 Corporation, develop’’ and inserting ‘‘Develop’’. 

5 SEC. 1091. WHITE SANDS MISSILE RANGE AND FORT BLISS. 

6 (a) WITHDRAWAL.— 

7 (1) IN GENERAL.—Subject to valid existing 

8 rights and paragraph (3), the Federal land described 

9 in paragraph (2) is withdrawn from— 

10 (A) entry, appropriation, and disposal 

11 under the public land laws; 

12 (B) location, entry, and patent under the 

13 mining laws; and 

14 (C) operation of the mineral leasing, min15 eral materials, and geothermal leasing laws. 

16 (2) DESCRIPTION OF FEDERAL LAND.—The 

17 Federal land referred to in paragraph (1) consists 

18 of— 

19 (A) the approximately 5,100 acres of land 

20 depicted as ‘‘Parcel 1’’ on the map entitled 

21 ‘‘White Sands Missile Range/Fort Bliss/BLM 

22 Land Transfer and Withdrawal’’ and dated 

23 April 3, 2012 (referred to in this section as the 

24 ‘‘map’’); 
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1 (B) the approximately 37,600 acres of land 

2 depicted as ‘‘Parcel 2’’, ‘‘Parcel 3’’, and ‘‘Par3 cel 4’’ on the map; and 

4 (C) any land or interest in land that is ac5 quired by the United States within the bound6 aries of the parcels described in subparagraph 

7 (B). 

8 (3) LIMITATION.—Notwithstanding paragraph 

9 (1), the land depicted as ‘‘Parcel 4’’ on the map is 

10 not withdrawn for purposes of the issuance of oil 

11 and gas pipeline rights-of-way. 

12 (b) RESERVATION.—The Federal land described in 

13 subsection (a)(2)(A) is reserved for use by the Secretary 

14 of the Army for military purposes in accordance with Pub15 lic Land Order 833, dated May 21, 1952 (17 Fed. Reg. 

16 4822). 

17 (c) TRANSFER OF ADMINISTRATIVE JURISDIC18 TION.—Effective on the date of enactment of this Act, ad19 ministrative jurisdiction over the approximately 2,050 

20 acres of land generally depicted as ‘‘Parcel 2’’ on the 

21 map— 

22 (1) is transferred from the Secretary of the 

23 Army to the Secretary of the Interior (acting 

24 through the Director of the Bureau of Land Man25 agement); and 
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1 (2) shall be managed in accordance with— 

2 (A) the Federal Land Policy and Manage3 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 

4 (B) any other applicable laws. 

5 (d) LEGAL DESCRIPTION.— 

6 (1) IN GENERAL.—As soon as practicable after 

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

8 the Interior shall publish in the Federal Register a 

9 legal description of the Federal land withdrawn by 

10 subsection (a). 

11 (2) FORCE OF LAW.—The legal description pub12 lished under paragraph (1) shall have the same force 

13 and effect as if included in this Act, except that the 

14 Secretary of the Interior may correct errors in the 

15 legal description. 

16 (3) REIMBURSEMENT OF COSTS.—The Sec17 retary of the Army shall reimburse the Secretary of 

18 the Interior for any costs incurred by the Secretary 

19 of the Interior in implementing this subsection with 

20 regard to the Federal land described in subsection 

21 (a)(2)(A). 

22 SEC. 1092. TRANSPORT FOR FEMALE GENITAL MUTILA23 TION. 

24 Section 116 of title 18, United States Code, is 

25 amended by adding at the end the following: 
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1 ‘‘(d) Whoever knowingly transports from the United 

2 States and its territories a person in foreign commerce for 

3 the purpose of conduct with regard to that person that 

4 would be a violation of subsection (a) if the conduct oc5 curred within the United States, or attempts to do so, 

6 shall be fined under this title or imprisoned not more than 

7 5 years, or both.’’. 

8 SEC. 1093. RENEWAL OF EXPIRED PROHIBITION ON RE9 TURN OF VETERANS MEMORIAL OBJECTS 

10 WITHOUT SPECIFIC AUTHORIZATION IN LAW. 

11 (a) CODIFICATION OF PROHIBITION.—Section 2572 

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

13 the end the following new subsection: 

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

16 the President may not transfer a veterans memorial object 

17 to a foreign country or an entity controlled by a foreign 

18 government, or otherwise transfer or convey such an ob19 ject to any person or entity for purposes of the ultimate 

20 transfer or conveyance of the object to a foreign country 

21 or entity controlled by a foreign government. 

22 ‘‘(2) In this subsection: 

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

24 government’ has the meaning given that term in sec25 tion 2536(c)(1) of this title. 
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1 ‘‘(B) The term ‘veterans memorial object’ 

2 means any object, including a physical structure or 

3 portion thereof, that— 

4 ‘‘(i) is located at a cemetery of the Na5 tional Cemetery System, war memorial, or mili6 tary installation in the United States; 

7 ‘‘(ii) is dedicated to, or otherwise memori8 alizes, the death in combat or combat-related 

9 duties of members of the armed forces; and 

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

11 from abroad as a memorial of combat abroad. 

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

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

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

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

17 2017.’’. 

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

19 1051 of the National Defense Authorization Act for Fiscal 

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

21 repealed. 

22 SEC. 1094. TRANSFER OF EXCESS AIRCRAFT TO OTHER DE23 PARTMENTS. 

24 (a) TRANSFER.—Subject to subsection (c), the Sec25 retary of Defense shall transfer excess aircraft specified 
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1 in subsection (b) to the Secretary of Agriculture and the 

2 Secretary of Homeland Security for use by the Forest 

3 Service and the United States Coast Guard. The transfer 

4 of any excess aircraft under this subsection shall be with5 out reimbursement. 

6 (b) AIRCRAFT.— 

7 (1) IN GENERAL.—The aircraft transferred 

8 under subsection (a) are aircraft of the Department 

9 of Defense that are— 

10 (A) identified by the Forest Service or the 

11 United States Coast Guard as a suitable plat12 form to carry out their respective missions; 

13 (B) subject to paragraphs (2) and (3), ex14 cess to the needs of the Department of Defense, 

15 as determined by the Secretary of Defense; 

16 (C) acceptable for use by the Forest Serv17 ice, as determined by the Secretary of Agri18 culture; and 

19 (D) acceptable for use by the United 

20 States Coast Guard, as determined by the Sec21 retary of Homeland Security. 

22 (2) LIMITATION ON NUMBER.—The number of 

23 aircraft that may be transferred to either the Sec24 retary of Agriculture or the Secretary of Homeland 

25 Security may not exceed 12 aircraft. 
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1 (3) LIMITATIONS ON DETERMINATION AS EX2 CESS.—Aircraft may not be determined to be excess 

3 for the purposes of this subsection, unless such air4 craft are determined to be excess in the report ref5 erenced by subsection (b) of section 1703 of title 

6 XVII of this Act, or if such aircraft are otherwise 

7 prohibited from being determined excess by law. 

8 (c) PRIORITY IN TRANSFER.—The Secretary of Agri9 culture and the Secretary of Homeland Security shall be 

10 afforded equal priority in the transfer under subsection 

11 (a) of excess aircraft of the Department of Defense speci12 fied in subsection (b) before any other department or 

13 agency of the Federal Government. 

14 (d) CONDITIONS OF TRANSFER.—Excess aircraft 

15 transferred to the Secretary of Agriculture under sub16 section (a)— 

17 (1) may be used only for wildfire suppression 

18 purposes; and 

19 (2) may not be flown or otherwise removed 

20 from the United States unless dispatched by the Na21 tional Interagency Fire Center in support of an 

22 international agreement to assist in wildfire suppres23 sion efforts or for other purposes approved by the 

24 Secretary of Agriculture in writing in advance. 
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1 (e) EXPIRATION OF AUTHORITY.—The authority to 

2 transfer excess aircraft under subsection (a) shall expire 

3 on December 31, 2013. 

4 SEC. 1095. REAUTHORIZATION OF SALE OF AIRCRAFT AND 

5 PARTS FOR WILDFIRE SUPPRESSION PUR6 POSES. 

7 Section 2 of the Wildfire Suppression Aircraft Trans8 fer Act of 1996 (10 U.S.C. 2576 note) is amended— 

9 (1) in subsection (a), by striking ‘‘during the 

10 period beginning on October 1, 1996, and ending on 

11 September 30, 2005’’ and inserting ‘‘during a period 

12 specified in subsection (g)’’; 

13 (2) by redesignating subsection (g) as sub14 section (h); and 

15 (3) by inserting after subsection (f) the fol16 lowing new subsection (g): 

17 ‘‘(g) PERIODS FOR EXERCISE OF AUTHORITY.—The 

18 periods specified in this subsection are the following: 

19 ‘‘(1) The period beginning on October 1, 1996, 

20 and ending on September 30, 2005. 

21 ‘‘(2) The period beginning on October 1, 2012, 

22 and ending on September 30, 2017.’’. 
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1 SEC. 1096. PROTECTION OF VETERANS’ MEMORIALS. 

2 (a) TRANSPORTATION OF STOLEN MEMORIALS.— 

3 Section 2314 of title 18, United States Code, is amended 

4 by adding at the end the following: 

5 ‘‘In the case of an offense under the first paragraph 

6 of this section, if the goods, wares, or merchandise consist 

7 of or include a veterans’ memorial, the requirement of that 

8 paragraph that the goods, wares, or merchandise have a 

9 value of $5,000 or more does not apply. In this paragraph, 

10 the term ‘veterans’ memorial’ means a grave marker, 

11 headstone, monument, or other object, intended to perma12 nently honor a veteran or mark a veteran’s grave, or any 

13 monument that signifies an event of national military his14 torical significance.’’. 

15 (b) SALE OR RECEIPT OF STOLEN MEMORIALS.— 

16 Section 2315 of such title is amended by adding at the 

17 end the following: 

18 ‘‘In the case of an offense under the first paragraph 

19 of this section, if the goods, wares, or merchandise consist 

20 of or include a veterans’ memorial, the requirement of that 

21 paragraph that the goods, wares, or merchandise have a 

22 value of $5,000 or more does not apply. In this paragraph, 

23 the term ‘veterans’ memorial’ means a grave marker, 

24 headstone, monument, or other object, intended to perma25 nently honor a veteran or mark a veteran’s grave, or any 
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1 monument that signifies an event of national military his2 torical significance.’’. 

3 SEC. 1097. TRANSPORTATION OF INDIVIDUALS TO AND 

4 FROM FACILITIES OF DEPARTMENT OF VET5 ERANS AFFAIRS. 

6 (a) IN GENERAL.—Chapter 1 of title 38, United 

7 States Code, is amended by inserting after section 111 the 

8 following new section: 

9 ‘‘§ 111A. Transportation of individuals to and from 

10 Department facilities 

11 ‘‘(a) TRANSPORTATION BY SECRETARY.—The Sec12 retary may transport any person to or from a Department 

13 facility or other place in connection with vocational reha14 bilitation, counseling required by the Secretary pursuant 

15 to chapter 34 or 35 of this title, or for the purpose of 

16 examination, treatment, or care.’’. 

17 (b) CONFORMING AMENDMENT.—Subsection (h) of 

18 section 111 of such title is— 

19 (1) transferred to section 111A of such title, as 

20 added by subsection (a); 

21 (2) redesignated as subsection (b); 

22 (3) inserted after subsection (a) of such section; 

23 and 

24 (4) amended by inserting ‘‘TRANSPORTATION

25 BY THIRD-PARTIES.—’’ before ‘‘The Secretary’’. 
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1 (c) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 1 of such title is amended by 

3 inserting after the item relating to section 111 the fol4 lowing new item: 

‘‘111A. Transportation of individuals to and from Department facilities.’’. 

5 SEC. 1098. NATIONAL PUBLIC AWARENESS AND PARTICIPA6 TION CAMPAIGN FOR VETERANS’ HISTORY 

7 PROJECT OF AMERICAN FOLKLIFE CENTER. 

8 (a) IN GENERAL.—The Director of the American 

9 Folklife Center at the Library of Congress shall carry out 

10 a national public awareness and participation campaign 

11 for the program required by section 3(a) of the Veterans’ 

12 Oral History Project Act (20 U.S.C. 2142(a)). Such cam13 paign shall provide for the following: 

14 (1) Encouraging the people of the United 

15 States, veterans organizations, community groups, 

16 and national organizations to participate in such 

17 program. 

18 (2) Ensuring greater awareness and participa19 tion throughout the United States in such program. 

20 (3) Providing meaningful opportunities for 

21 learning about the experiences of veterans. 

22 (4) Complementing the efforts supporting the 

23 readjustment and successful reintegration of vet24 erans into civilian life after service in the Armed 

25 Forces. 
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1 (b) COORDINATION AND COOPERATION.—To the de2 gree practicable, the Director shall, in carrying out the 

3 campaign required by subsection (a), coordinate and co4 operate with veterans service organizations. 

5 (c) VETERANS SERVICE ORGANIZATION DEFINED.— 

6 In this section, the term ‘‘veterans service organization’’ 

7 means any organization recognized by the Secretary of 

8 Veterans Affairs for the representation of veterans under 

9 section 5902 of title 38, United States Code. 

10 SEC. 1099. TECHNICAL AMENDMENTS RELATING TO THE 

11 TERMINATION OF THE ARMED FORCES INSTI12 TUTE OF PATHOLOGY UNDER DEFENSE BASE 

13 CLOSURE AND REALIGNMENT. 

14 Section 177 of title 10, United States Code, is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (2)— 

18 (i) by striking ‘‘those professional so19 cieties’’ and all that follows through ‘‘the 

20 Armed Forces Institute of Pathology’’ and 

21 inserting ‘‘the professional societies and or22 ganizations that support the activities of 

23 the American Registry of Pathology’’; and 

24 (ii) by striking the second sentence; 

25 and 
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1 (B) in paragraph (3), by striking ‘‘with the 

2 concurrence of the Director of the Armed 

3 Forces Institute of Pathology’’; 

4 (2) in subsection (b)— 

5 (A) by striking paragraph (1); 

6 (B) by redesignating paragraphs (2), (3), 

7 (4), and (5) as paragraphs (1), (2), (3), and 

8 (4), respectively; and 

9 (C) in paragraph (2), as redesignated by 

10 subparagraph (B)— 

11 (i) by striking ‘‘accept gifts and 

12 grants from and’’; and 

13 (ii) by inserting ‘‘and accept gifts and 

14 grants from such entities’’ before the semi15 colon; and 

16 (3) in subsection (d), by striking ‘‘to the Direc17 tor’’ and all that follows through ‘‘it deems desir18 able,’’ and inserting ‘‘annually to its Board and sup19 porting organizations referred to in subsection 

20 (a)(2)’’. 
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1 SEC. 1099A. IMPROVED ENUMERATION OF MEMBERS OF 

2 THE ARMED FORCES IN ANY TABULATION OF 

3 TOTAL POPULATION BY SECRETARY OF COM4 MERCE. 

5 (a) IN GENERAL.—Section 141 of title 13, United 

6 States Code, is amended— 

7 (1) by redesignating subsection (g) as sub8 section (h); and 

9 (2) by inserting after subsection (f) the fol10 lowing: 

11 ‘‘(g) Effective beginning with the 2020 decennial cen12 sus of population, in taking any tabulation of total popu13 lation by States, the Secretary shall take appropriate 

14 measures to ensure, to the maximum extent practicable, 

15 that all members of the Armed Forces deployed abroad 

16 on the date of taking such tabulation are— 

17 ‘‘(1) fully and accurately counted; and 

18 ‘‘(2) properly attributed to the State in which 

19 their residence at their permanent duty station or 

20 homeport is located on such date.’’. 

21 (b) CONSTRUCTION.—The amendments made by sub22 section (a) shall not be construed to affect the residency 

23 status of any member of the Armed Forces under any pro24 vision of law other than title 13, United States Code. 
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1 SEC. 1099B. STATE CONSIDERATION OF MILITARY TRAIN2 ING IN GRANTING CERTAIN STATE CERTIFI3 CATIONS AND LICENSES AS A CONDITION ON 

4 THE RECEIPT OF FUNDS FOR VETERANS EM5 PLOYMENT AND TRAINING. 

6 (a) IN GENERAL.—Section 4102A(c) of title 38, 

7 United States Code, is amended by adding at the end the 

8 following: 

9 ‘‘(9)(A) As a condition of a grant or contract under 

10 which funds are made available to a State in order to carry 

11 out section 4103A or 4104 of this title for any program 

12 year, the Secretary may require the State— 

13 ‘‘(i) to demonstrate that when the State ap14 proves or denies a certification or license described 

15 in subparagraph (B) for a veteran the State takes 

16 into consideration any training received or experi17 ence gained by the veteran while serving on active 

18 duty in the Armed Forces; and 

19 ‘‘(ii) to disclose to the Secretary in writing the 

20 following: 

21 ‘‘(I) Criteria applicants must satisfy to re22 ceive a certification or license described in sub23 paragraph (B) by the State. 

24 ‘‘(II) A description of the standard prac25 tices of the State for evaluating training re26 ceived by veterans while serving on active duty 
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1 in the Armed Forces and evaluating the docu2 mented work experience of such veterans during 

3 such service for purposes of approving or deny4 ing a certification or license described in sub5 paragraph (B). 

6 ‘‘(III) Identification of areas in which 

7 training and experience described in subclause 

8 (II) fails to meet criteria described in subclause 

9 (I).’’ 

10 ‘‘(B) A certification or license described in this sub11 paragraph is any of the following: 

12 ‘‘(i) A license to be a State tested nursing as13 sistant or a certified nursing assistant. 

14 ‘‘(ii) A commercial driver’s license. 

15 ‘‘(iii) An emergency medical technician license 

16 EMT–B or EMT–I. 

17 ‘‘(iv) An emergency medical technician–para18 medic license. 

19 ‘‘(C) The Secretary shall share the information the 

20 Secretary receives under subparagraph (A)(ii) with the 

21 Secretary of Defense to help the Secretary of Defense im22 prove training for military occupational specialties so that 

23 individuals who receive such training are able to receive 

24 a certification or license described in subparagraph (B) 

25 from a State.’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to a program year 

3 beginning on or after the date of the enactment of this 

4 Act. 

5 SECTION 1099C. AMENDMENTS TO LAW ENFORCEMENT OF6 FICER SAFETY PROVISIONS OF TITLE 18. 

7 Chapter 44 of title 18, United States Code, is amend8 ed— 

9 (1) in section 926B— 

10 (A) in subsection (c)(1), by inserting ‘‘or 

11 apprehension under section 807(b) of title 10, 

12 United States Code (article 7(b) of the Uniform 

13 Code of Military Justice)’’ after ‘‘arrest’’; 

14 (B) in subsection (d), by striking ‘‘as a law 

15 enforcement officer’’ and inserting ‘‘that identi16 fies the employee as a police officer or law en17 forcement officer of the agency’’; and 

18 (C) in subsection (f), by inserting ‘‘or ap19 prehension under section 807(b) of title 10, 

20 United States Code (article 7(b) of the Uniform 

21 Code of Military Justice)’’ after ‘‘arrest’’; and 

22 (2) in section 926C— 

23 (A) in subsection (c)(2), 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’’; and 

3 (B) in subsection (d)— 

4 (i) in paragraph (1), by striking ‘‘that 

5 indicates’’ and inserting ‘‘that identifies 

6 the person as having been employed as a 

7 police officer or law enforcement officer 

8 and indicates’’; and 

9 (ii) in paragraph (2)(A), by inserting 

10 ‘‘that identifies the person as having been 

11 employed as a police officer or law enforce12 ment officer’’ after ‘‘officer’’. 

13 SEC. 1099D. MODERNIZATION OF ABSENTEE BALLOT MAIL 

14 DELIVERY SYSTEM. 

15 It is the sense of Congress that the Department of 

16 Defense should partner with the United States Postal 

17 Service (USPS) to modernize the USPS mail delivery sys18 tem to address problems with the delivery of absentee bal19 lots and ensure the effective and efficient delivery of such 

20 ballots, including through the establishment of a central21 ized mail forwarding system to ensure that blank ballots 

22 are properly redirected. 
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1 SEC. 1099E. STATE TRADE AND EXPORT PROMOTION 

2 GRANT PROGRAM. 

3 Section 1207(a)(5) of the Small Business Jobs Act 

4 of 2010 (15 U.S.C. 649b note) is amended by inserting 

5 after ‘‘Guam,’’ the following: ‘‘the Commonwealth of the 

6 Northern Mariana Islands,’’. 

7 TITLE XI—CIVILIAN PERSONNEL 

8 MATTERS 

9 SEC. 1101. AUTHORITY FOR TRANSPORTATION OF FAMILY 

10 HOUSEHOLD PETS OF CIVILIAN PERSONNEL 

11 DURING EVACUATION OF NON-ESSENTIAL 

12 PERSONNEL. 

13 Section 5725 of title 5, United States Code, is 

14 amended— 

15 (1) in subsection (a)(2), by inserting ‘‘and fam16 ily household pets,’’ after ‘‘personal effects,’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(c)(1) Authority under subsection (a) to transport 

20 family household pets of an employee includes authority 

21 for shipment and the payment of quarantine costs, if any. 

22 ‘‘(2) An employee for whom transportation of family 

23 household pets is authorized under subsection (a) may be 

24 paid reimbursement or a monetary allowance if other com25 mercial transportation means have been used. 
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1 ‘‘(3) The provision of transportation of family house2 hold pets for an employee of the Department of Defense 

3 under subsection (a) and the payment of reimbursement 

4 under paragraph (2) shall be subject to the same terms 

5 and conditions as apply under subsection 406(b)(1)(H)(iii) 

6 of title 37 with respect to family household pets of mem7 bers of the uniformed services, including limitations on the 

8 types, size, and number of pets for which transportation 

9 may be provided or reimbursement paid.’’. 

10 SEC. 1102. EXPANSION OF EXPERIMENTAL PERSONNEL 

11 PROGRAM FOR SCIENTIFIC AND TECHNICAL 

12 PERSONNEL AT THE DEFENSE ADVANCED 

13 RESEARCH PROJECTS AGENCY. 

14 (a) EXPANSION.—Section 1101(b)(1)(A) of the 

15 Strom Thurmond National Defense Authorization Act for 

16 Fiscal Year 1999 (5 U.S.C. 3104 note) is amended by 

17 striking ‘‘40’’ and inserting ‘‘60’’. 

18 (b) CONSTRUCTION.—The amendment made by sub19 section (a) shall not be construed as affecting any applica20 ble authorization or delimitation of the numbers of per21 sonnel that may be employed at the Defense Advanced Re22 search Projects Agency. 
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1 SEC. 1103. ONE-YEAR EXTENSION OF DISCRETIONARY AU2 THORITY TO GRANT ALLOWANCES, BENE3 FITS, AND GRATUITIES TO PERSONNEL ON 

4 OFFICIAL DUTY IN A COMBAT ZONE. 

5 Paragraph (2) of section 1603(a) of the Emergency 

6 Supplemental Appropriations Act for Defense, the Global 

7 War on Terror, and Hurricane Recovery, 2006 (Public 

8 Law 109–234; 120 Stat. 443), as added by section 1102 

9 of the Duncan Hunter National Defense Authorization 

10 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

11 4616) and amended by section 1112 of the National De12 fense Authorization Act for Fiscal Year 2012 (Public Law 

13 112–81; 125 Stat. 1616), is further amended by striking 

14 ‘‘2013’’ and inserting ‘‘2014’’. 

15 SEC. 1104. FEDERAL EMPLOYEES RETIREMENT SYSTEM 

16 AGE AND RETIREMENT TREATMENT FOR 

17 CERTAIN RETIREES OF THE ARMED FORCES. 

18 (a) INCREASE IN MAXIMUM AGE LIMIT FOR POSI19 TIONS SUBJECT TO FERS.— 

20 (1) LAW ENFORCEMENT OFFICERS.—Section 

21 3307(e) of title 5, United States Code, is amended— 

22 (A) in paragraph (1), by inserting ‘‘or (3)’’ 

23 after ‘‘paragraph (2)’’; and 

24 (B) by adding at the end the following: 

25 ‘‘(3) The maximum age limit for an original appoint26 ment to a position as a law enforcement officer (as defined 
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1 in section 8401(17)) shall be 47 years of age, in the case 

2 of an individual who on the effective date of such appoint3 ment is eligible to receive retired pay or retainer pay for 

4 military service, or pension or compensation from the De5 partment of Veterans Affairs instead of such retired or 

6 retainer pay.’’. 

7 (2) OTHER POSITIONS.—The maximum age 

8 limit for an original appointment to a position as a 

9 member of the Capitol Police or Supreme Court Po10 lice, nuclear materials courier (as defined under sec11 tion 8401(33) of such title), or customs and border 

12 protection officer (as defined in section 8401(36) of 

13 such title) shall be 47 years of age, in the case of 

14 an individual who on the effective date of such ap15 pointment is eligible to receive retired pay or re16 tainer pay for military service, or pension or com17 pensation from the Department of Veterans Affairs 

18 instead of such retired or retainer pay. 

19 (b) ELIGIBILITY FOR ANNUITY.—Section 8412(d) of 

20 such title is amended— 

21 (1) in paragraph (1), by striking ‘‘or’’ at the 

22 end; 

23 (2) in paragraph (2), by adding ‘‘or’’ at the 

24 end; and 
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1 (3) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) after becoming 57 years of age and com4 pleting 10 years of service as a law enforcement offi5 cer, member of the Capitol Police or Supreme Court 

6 Police, nuclear materials courier, customs or border 

7 protection officer, or any combination of such service 

8 totaling 10 years, if such employee— 

9 ‘‘(A) is originally appointed to a position 

10 as a law enforcement officer, member of the 

11 Capitol Police or Supreme Court Police, nuclear 

12 materials courier, or customs and border pro13 tection officer on or after the effective date of 

14 this paragraph under section 1104(e) of the 

15 National Defense Authorization Act for Fiscal 

16 Year 2013, and 

17 ‘‘(B) on the date that original appointment 

18 met the requirements of section 3307(e)(2) of 

19 this title or section 1104(a)(2) of the National 

20 Defense Authorization Act for Fiscal Year 

21 2013,’’. 

22 (c) MANDATORY SEPARATION.—Section 8425 of such 

23 title is amended— 

24 (1) in subsection (b)(1), in the first sentence, 

25 by inserting ‘‘, except that a law enforcement officer, 
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1 nuclear materials courier, or customs and border 

2 protection officer eligible for retirement under sec3 tion 8412(d)(3) shall be separated from the service 

4 on the last day of the month in which that employee 

5 becomes 57 years of age’’ before the period; 

6 (2) in subsection (c), in the first sentence, by 

7 inserting ‘‘, except that a member of the Capitol Po8 lice eligible for retirement under section 8412(d)(3) 

9 shall be separated from the service on the last day 

10 of the month in which that employee becomes 57 

11 years of age’’ before the period; and 

12 (3) in subsection (d), in the first sentence, by 

13 inserting ‘‘, except that a member of the Supreme 

14 Court Police eligible for retirement under section 

15 8412(d)(3) shall be separated from the service on 

16 the last day of the month in which that employee be17 comes 57 years of age’’ before the period. 

18 (d) COMPUTATION OF BASIC ANNUITY.—Section 

19 8415(e) of such title is amended— 

20 (1) by redesignating paragraphs (1) and (2) as 

21 subparagraphs (A) and (B), respectively; 

22 (2) by striking ‘‘The annuity of an employee’’ 

23 and inserting ‘‘(1) Except as provided in paragraph 

24 (2), the annuity of an employee’’; and 

25 (3) by adding at the end the following: 
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1 ‘‘(2)(A) The annuity of an employee retiring under 

2 subsection (d) or (e) of section 8412 or under subsection 

3 (a), (b), or (c) of section 8425 who is an employee de4 scribed in subparagraph (B) is— 

5 ‘‘(i) 1 7/10 percent of that individual’s average 

6 pay multiplied by so much of such individual’s civil7 ian service as a law enforcement officer, member of 

8 the Capitol Police or Supreme Court Police, nuclear 

9 materials courier, customs and border protection of10 ficer, or air traffic controller that, in the aggregate, 

11 does not exceed 20 years; plus 

12 ‘‘(ii) 1 percent of that individual’s average pay 

13 multiplied by the remainder of such individual’s total 

14 service. 

15 ‘‘(B) An employee described in this subparagraph is 

16 an employee who— 

17 ‘‘(i) is originally appointed to a position as a 

18 law enforcement officer, member of the Capitol Po19 lice or Supreme Court Police, nuclear materials cou20 rier, or customs and border protection officer on or 

21 after the effective date of this paragraph under sec22 tion 1104(e) of the National Defense Authorization 

23 Act for Fiscal Year 2013; and 

24 ‘‘(ii) on the date that original appointment met 

25 the requirements of section 3307(e)(2) of this title 
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1 or section 1104(a)(2) of the National Defense Au2 thorization Act for Fiscal Year 2013.’’. 

3 (e) EFFECTIVE DATE.—This section (including the 

4 amendments made by this section) shall take effect 60 

5 days after the date of enactment of this Act and shall 

6 apply to appointments made on or after that effective 

7 date. 

8 TITLE XII—MATTERS RELATING 

9 TO FOREIGN NATIONS 

10 Subtitle A—Assistance and 

11 Training 

12 SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CA13 PACITY OF FOREIGN MILITARY FORCES AND 

14 MODIFICATION OF NOTICE IN CONNECTION 

15 WITH INITIATION OF ACTIVITIES. 

16 (a) EXTENSION.—Subsection (g) of section 1206 of 

17 the National Defense Authorization Act for Fiscal Year 

18 2006 (Public Law 109–163; 119 Stat. 3456), as most re19 cent amended by section 1204(c) of the National Defense 

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

21 81; 125 Stat. 1622), is further amended— 

22 (1) by striking ‘‘September 30, 2013’’ and in23 serting ‘‘September 30, 2014’’; and 
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1 (2) by striking ‘‘fiscal years 2006 through 

2 2013’’ and inserting ‘‘fiscal years 2006 through 

3 2014’’. 

4 (b) MODIFICATION OF NOTICE.— 

5 (1) IN GENERAL.—Subsection (e)(2) of such 

6 section 1206, as amended by section 1206(a) of the 

7 John Warner National Defense Authorization Act 

8 for Fiscal Year 2007 (Public Law 109–364; 120 

9 Stat. 2418), is further amended by adding at the 

10 end the following new subparagraph: 

11 ‘‘(D) Detailed information (including the 

12 amount and purpose) on the assistance pro13 vided the country during the three preceding 

14 fiscal years under each of the following pro15 grams or accounts: 

16 ‘‘(i) A program under this section. 

17 ‘‘(ii) The Foreign Military Financing 

18 program under the Foreign Assistance Act 

19 of 1961. 

20 ‘‘(iii) Peacekeeping Operations. 

21 ‘‘(iv) The International Narcotics 

22 Control and Law Enforcement (INCLE) 

23 program under section 481 of the Foreign 

24 Assistance Act of 1961 (22 U.S.C. 2291). 
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1 ‘‘(v) Nonproliferation, Anti-Terrorism, 

2 Demining, and Related Programs 

3 (NADR).’’. 

4 (2) APPLICABILITY.—The amendment made by 

5 paragraph (1) shall take effect on the date of the en6 actment of this Act, and shall apply with respect to 

7 any country in which activities are initiated under 

8 section 1206 of the National Defense Authorization 

9 Act for Fiscal Year 2006 on or after that date. 

10 SEC. 1202. EXTENSION OF AUTHORITY FOR NON-RECIP11 ROCAL EXCHANGE OF DEFENSE PERSONNEL 

12 BETWEEN THE UNITED STATES AND FOREIGN 

13 COUNTRIES. 

14 Section 1207(f) of the National Defense Authoriza15 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

16 Stat. 2514; 10 U.S.C. 168 note) is amended by striking 

17 ‘‘September 30, 2012’’ and inserting ‘‘September 30, 

18 2017’’. 

19 SEC. 1203. AUTHORITY TO BUILD THE CAPACITY OF CER20 TAIN COUNTERTERRORISM FORCES IN 

21 YEMEN AND EAST AFRICA. 

22 (a) AUTHORITY.—The Secretary of Defense may, 

23 with the concurrence of the Secretary of State, provide 

24 assistance as follows: 
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1 (1) To enhance the ability of the Yemen Min2 istry of Interior Counter Terrorism Forces to con3 duct counterterrorism operations against al Qaeda in 

4 the Arabian Peninsula and its affiliates. 

5 (2) To enhance the capacity of the national 

6 military forces, security agencies serving a similar 

7 defense function, other counterterrorism forces, and 

8 border security forces of Djibouti, Ethiopia, and 

9 Kenya to conduct counterterrorism operations 

10 against al Qaeda, al Qaeda affiliates, and al 

11 Shabaab. 

12 (3) To enhance the capacity of national military 

13 forces participating in the African Union Mission in 

14 Somalia to conduct counterterrorism operations 

15 against al Qaeda, al Qaeda affiliates, and al 

16 Shabaab. 

17 (b) TYPES OF ASSISTANCE.— 

18 (1) AUTHORIZED ELEMENTS.—Assistance 

19 under subsection (a) may include the provision of 

20 equipment, supplies, training, and minor military 

21 construction. 

22 (2) REQUIRED ELEMENTS.—Assistance under 

23 subsection (a) shall be provided in a manner that 

24 promotes— 
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1 (A) observance of and respect for human 

2 rights and fundamental freedoms; and 

3 (B) respect for legitimate civilian authority 

4 in the country receiving such assistance. 

5 (3) ASSISTANCE OTHERWISE PROHIBITED BY

6 LAW.—The Secretary of Defense may not use the 

7 authority in subsection (a) to provide any type of as8 sistance described in this subsection that is other9 wise prohibited by any other provision of law. 

10 (4) LIMITATIONS ON MINOR MILITARY CON11 STRUCTION.—The total amount that may be obli12 gated and expended on minor military construction 

13 under subsection (a) in any fiscal year may not ex14 ceed amounts as follows: 

15 (A) In the case of minor military construc16 tion under paragraph (1) of subsection (a), 

17 $10,000,000. 

18 (B) In the case of minor military construc19 tion under paragraphs (2) and (3) of subsection 

20 (a), $10,000,000. 

21 (c) FUNDING.— 

22 (1) IN GENERAL.—Of the amount authorized to 

23 be appropriated for a fiscal year for the Department 

24 of Defense for operation and maintenance— 
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1 (A) not more than $75,000,000 may be 

2 used to provide assistance under paragraph (1) 

3 of subsection (a); and 

4 (B) not more than $75,000,000 may used 

5 to provide assistance under paragraphs (2) and 

6 (3) of subsection (a). 

7 (2) AVAILABILITY OF FUNDS FOR ASSISTANCE

8 ACROSS FISCAL YEARS.—Amounts available under 

9 this subsection for the authority in subsection (a) 

10 for a fiscal year may be used for assistance under 

11 that authority that begins in such fiscal year but 

12 ends in the next fiscal year. 

13 (d) NOTICE TO CONGRESS.— 

14 (1) IN GENERAL.—Not later than 30 days be15 fore providing assistance under subsection (a), the 

16 Secretary of Defense shall submit to the committees 

17 of Congress specified in paragraph (2) a notice set18 ting forth the assistance to be provided, including 

19 the types of such assistance, the budget for such as20 sistance, and the completion date for the provision 

21 of such assistance. 

22 (2) COMMITTEES OF CONGRESS.—The commit23 tees of Congress specified in this paragraph are— 
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1 (A) the Committee on Armed Services, the 

2 Committee on Foreign Relations, and the Com3 mittee on Appropriations of the Senate; and 

4 (B) the Committee on Armed Services, the 

5 Committee on Foreign Affairs, and the Com6 mittee on Appropriations of the House of Rep7 resentatives. 

8 (e) EXPIRATION.—Except as provided in subsection 

9 (c)(2), the authority provided under subsection (a) may 

10 not be exercised after the earlier of— 

11 (1) the date on which the Global Security Con12 tingency Fund achieves full operational capability; or 

13 (2) September 30, 2014. 

14 SEC. 1204. LIMITATION ON AVAILABILITY OF FUNDS FOR 

15 STATE PARTNERSHIP PROGRAM. 

16 (a) LIMITATION.—Of the amounts authorized to be 

17 appropriated by this Act and available for the State Part18 nership Program, not more than 50 percent may be obli19 gated or expended for that Program until the latter of the 

20 following: 

21 (1) The date on which the Secretary of Defense 

22 submits to the appropriate congressional committees 

23 the final regulations required by subsection (a) of 

24 section 1210 of the National Defense Authorization 
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1 Act for Fiscal Year 2010 (Public Law 111–84; 123 

2 Stat. 2517; 32 U.S.C. 107 note). 

3 (2) The date on which the Secretary of Defense 

4 certifies to the appropriate congressional committees 

5 that appropriate modifications have been made, and 

6 appropriate controls have been instituted, to ensure 

7 the compliance of the Program with section 1341 of 

8 title 31, United States Code (commonly referred to 

9 as the ‘‘Anti-Deficiency Act’’), in the future. 

10 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

11 DEFINED.—In this section, the term ‘‘appropriate con12 gressional committees’’ has the meaning given that term 

13 in subsection (d) of section 1210 of the National Defense 

14 Authorization Act for Fiscal Year 2010. 

15 Subtitle B—Matters Relating to 

16 Iraq, Afghanistan, and Pakistan 

17 SEC. 1211. COMMANDERS’ EMERGENCY RESPONSE PRO18 GRAM IN AFGHANISTAN. 

19 (a) ONE-YEAR EXTENSION.— 

20 (1) IN GENERAL.—Section 1201 of the Na21 tional Defense Authorization Act for Fiscal Year 

22 2012 (Public Law 112–81; 125 Stat. 1619) is 

23 amended by striking ‘‘fiscal year 2012’’ each place 

24 it appears and inserting ‘‘fiscal year 2013’’. 
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1 (2) CONFORMING AMENDMENT.—The heading 

2 of subsection (a) of such section is amended by 

3 striking ‘‘FISCAL YEAR 2012’’ and inserting ‘‘FISCAL

4 YEAR 2013’’. 

5 (b) AMOUNT OF FUNDS AVAILABLE DURING FISCAL

6 YEAR 2013.—Subsection (a) of such section is further 

7 amended by striking ‘‘$400,000,000’’ and inserting 

8 ‘‘$200,000,000’’. 

9 SEC. 1212. EXTENSION OF AUTHORITY TO SUPPORT OPER10 ATIONS AND ACTIVITIES OF THE OFFICE OF 

11 SECURITY COOPERATION IN IRAQ. 

12 (a) LIMITATION ON AMOUNT OF FUNDS FOR FISCAL

13 YEAR 2013.—Subsection (c) of section 1215 of the Na14 tional Defense Authorization Act for Fiscal Year 2012 

15 (Public Law 112–81; 125 Stat. 1631; 10 U.S.C. 113 note) 

16 is amended by striking ‘‘in fiscal year 2012’’ and all that 

17 follows and inserting ‘‘may not exceed amounts as follows: 

18 ‘‘(1) In fiscal year 2012, $524,000,000. 

19 ‘‘(2) In fiscal year 2013, $508,000,000.’’. 

20 (b) SOURCE OF FUNDS.—Subsection (d) of such sec21 tion is amended by inserting ‘‘or 2013’’ after ‘‘fiscal year 

22 2012’’. 
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1 SEC. 1213. ONE-YEAR EXTENSION AND MODIFICATION OF 

2 AUTHORITY TO USE FUNDS FOR REINTEGRA3 TION ACTIVITIES IN AFGHANISTAN. 

4 (a) SENSE OF THE SENATE.—It is the sense of the 

5 Senate that— 

6 (1) the Senate is deeply concerned with the dra7 matic rise in conflict-induced displacement in Af8 ghanistan and the corresponding increase in human9 itarian need, especially as winter approaches; 

10 (2) there have been several reports of children 

11 freezing to death in various refugee settlements in 

12 Afghanistan during the winter of 2011–12; 

13 (3) the Bureau of Population, Refugees, and 

14 Migration of the Department of State and the Spe15 cial Representative for Afghanistan and Pakistan 

16 should jointly develop a comprehensive strategy to 

17 address the displacement and human suffering re18 ferred to in paragraphs (1) and (2), which shall in19 clude— 

20 (A) an assessment of the capacity of the 

21 Government of Afghanistan— 

22 (i) to prevent, mitigate, and respond 

23 to forced displacement; and 

24 (ii) to provide durable solutions for in25 ternally displaced Afghans and Afghan ref26 ugees; and 
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1 (B) a coherent plan to strengthen the ca2 pacity of the Government of Afghanistan to ad3 dress the causes and consequences of displace4 ment within Afghanistan. 

5 (b) EXTENSION OF AUTHORITY.—Section 1216 of 

6 the Ike Skelton National Defense Authorization Act for 

7 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4392), 

8 as amended by section 1216 of the National Defense Au9 thorization Act for Fiscal Year 2012 (Public Law 112– 

10 81; 125 Stat. 1632), is further amended— 

11 (1) in subsection (a)— 

12 (A) by striking ‘‘$50,000,000’’ and insert13 ing ‘‘$35,000,000’’; and 

14 (B) by striking ‘‘in each of fiscal years 

15 2011 and 2012’’ and inserting ‘‘for fiscal year 

16 2013’’; and 

17 (2) in subsection (e)— 

18 (A) by striking ‘‘utilize funds’’ and insert19 ing ‘‘obligate funds’’; and 

20 (B) by striking ‘‘December 31, 2012’’ and 

21 inserting ‘‘December 31, 2013’’. 
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1 SEC. 1214. ONE-YEAR EXTENSION AND MODIFICATION OF 

2 AUTHORITY FOR PROGRAM TO DEVELOP AND 

3 CARRY OUT INFRASTRUCTURE PROJECTS IN 

4 AFGHANISTAN. 

5 Section 1217(f) of the Ike Skelton National Defense 

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

7 383; 124 Stat. 4393), as amended by section 1217(a) of 

8 the National Defense Authorization Act for Fiscal Year 

9 2012 (Public Law 112–81; 125 Stat. 1632), is further 

10 amended— 

11 (1) by striking paragraph (1) and inserting the 

12 following new paragraph (1): 

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

14 to carry out the program authorized under sub15 section (a), the Secretary of Defense may use 

16 amounts as follows: 

17 ‘‘(A) Up to $400,000,000 made available 

18 to the Department of Defense for operation and 

19 maintenance for fiscal year 2012. 

20 ‘‘(B) Up to $350,000,000 made available 

21 to the Department of Defense for operation and 

22 maintenance for fiscal year 2013.’’; 

23 (2) in paragraph (2)— 

24 (A) by striking ‘‘85 percent’’ and inserting 

25 ‘‘50 percent’’; 
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1 (B) by inserting ‘‘for a fiscal year after fis2 cal year 2011’’ after ‘‘in paragraph (1)’’; and 

3 (C) by striking ‘‘fiscal year 2012.’’ and in4 serting ‘‘such fiscal year, including for each 

5 project to be initiated during such fiscal year 

6 the following: 

7 ‘‘(A) An estimate of the financial and 

8 other requirements necessary to sustain such 

9 project on an annual basis after the completion 

10 of such project. 

11 ‘‘(B) An assessment whether the Govern12 ment of Afghanistan is committed to and has 

13 the capacity to maintain and use such project 

14 after its completion. 

15 ‘‘(C) A description of any arrangements 

16 for the sustainment of such project following its 

17 completion if the Government of Afghanistan 

18 lacks the capacity (in either financial or human 

19 resources) to maintain such project.’’; and 

20 (3) in paragraph (3), by adding at the end the 

21 following new subparagraph: 

22 ‘‘(C) In the case of funds for fiscal year 

23 2013, until September 30, 2014.’’. 
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1 SEC. 1215. EXTENSION OF PAKISTAN COUNTERINSUR2 GENCY FUND. 

3 (a) EXTENSION.—Section 1224(h) of the National 

4 Defense Authorization Act for Fiscal Year 2010 (Public 

5 Law 111–84; 123 Stat. 2521), as most recently amended 

6 by section 1220(a) of the National Defense Authorization 

7 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

8 1633), is further amended by striking ‘‘September 30, 

9 2012’’ each place it appears and inserting ‘‘September 30, 

10 2013’’. 

11 (b) EXTENSION OF LIMITATION ON FUNDS PENDING

12 REPORT.—Section 1220(b)(1)(A) of the National Defense 

13 Authorization Act for Fiscal Year 2012 (125 Stat. 1633) 

14 is amended by striking ‘‘fiscal year 2013’’ and inserting 

15 ‘‘fiscal year 2013’’. 

16 SEC. 1216. EXTENSION AND MODIFICATION OF AUTHORITY 

17 FOR REIMBURSEMENT OF CERTAIN COALI18 TION NATIONS FOR SUPPORT PROVIDED TO 

19 UNITED STATES MILITARY OPERATIONS. 

20 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

21 section 1233 of the National Defense Authorization Act 

22 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

23 393), as most recently amended by section 1213 of the 

24 National Defense Authorization Act for Fiscal Year 2012 

25 (Public Law 112–81; 125 Stat. 1630), is further amend26 ed— 
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1 (1) by striking ‘‘for fiscal year 2012’’ and 

2 (2) by inserting ‘‘, during the period ending on 

3 September 30, 2013,’’ after ‘‘Secretary of Defense 

4 may’’. 

5 (b) LIMITATION ON AMOUNTS AVAILABLE.—Sub6 section (d) of such section, as so amended, is further 

7 amended— 

8 (1) by striking ‘‘during fiscal year 2012 may 

9 not exceed $1,690,000,000’’ and inserting ‘‘may not 

10 exceed $1,750,000,000 during fiscal year 2013, ex11 cept that reimbursements made during fiscal year 

12 2013 for support provided by Pakistan before May 

13 1, 2011, using funds available for that purpose be14 fore fiscal year 2013 shall not count against this 

15 limitation’’; 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 is fur7 ther 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 so amended, until the Secretary of Defense 

21 certifies to the congressional defense committees 

22 each of the following: 

23 (A) That Pakistan has opened and is 

24 maintaining security along the ground lines of 

25 supply through Pakistan to Afghanistan for the 
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1 transshipment of equipment and supplies in 

2 support of United States military operations in 

3 Afghanistan. 

4 (B) That Pakistan is not providing support 

5 to militant extremists groups (including the 

6 Haqqani Network and the Afghan Taliban 

7 Quetta Shura) located in Pakistan and con8 ducting cross-border attacks against United 

9 States, coalition, or Afghanistan security forces, 

10 and is taking actions to prevent such groups 

11 from basing and operating in Pakistan. 

12 (C) That Pakistan is demonstrating a con13 tinuing commitment, and is making significant 

14 efforts toward the implementation of a strategy, 

15 to counter improvised explosive devices, includ16 ing efforts to attack improvised explosive device 

17 networks, monitor known precursors used in 

18 improvised explosive devices, and develop and 

19 implement a strict protocol for the manufacture 

20 of explosive materials (including calcium ammo21 nium nitrate) and accessories and for their sup22 ply to legitimate end users. 

23 (D) That Pakistan is demonstrably cooper24 ating with United States counterterrorism ef25 forts, including by not detaining, prosecuting, 
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1 or imprisoning citizens of Pakistan as a result 

2 of their cooperation with such efforts, including 

3 Dr. Shakil Afridi. 

4 (2) WAIVER AUTHORITY.—The Secretary may 

5 waive the limitation in paragraph (1) if the Sec6 retary certifies to the congressional defense commit7 tees in writing that the waiver is in the national se8 curity interests of the United States and includes 

9 with such certification a justification for the waiver. 

10 SEC. 1217. EXTENSION AND MODIFICATION OF LOGISTICAL 

11 SUPPORT FOR COALITION FORCES SUP12 PORTING CERTAIN UNITED STATES MILITARY 

13 OPERATIONS. 

14 (a) EXTENSION.—Section 1234 of the National De15 fense Authorization Act for Fiscal Year 2008 (Public Law 

16 111–181; 122 Stat. 394), as most recently amended by 

17 section 1211 of the National Defense Authorization Act 

18 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

19 1629)), is further amended by striking ‘‘fiscal year 2012’’ 

20 each place it appears and inserting ‘‘fiscal year 2013’’. 

21 (b) REPEAL OF AUTHORITY FOR USE OF FUNDS IN

22 CONNECTION WITH IRAQ.— 

23 (1) IN GENERAL.—Subsection (a) of such sec24 tion 1234, as so amended, is further amended by 

25 striking ‘‘Iraq and’’. 
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1 (2) CONFORMING AMENDMENT.—The heading 

2 of such section 1234 is amended by striking ‘‘IRAQ

3 AND’’. 

4 SEC. 1218. STRATEGY FOR SUPPORTING THE ACHIEVE5 MENT OF A SECURE PRESIDENTIAL ELEC6 TION IN AFGHANISTAN IN 2014. 

7 (a) STRATEGY REQUIRED.—The Secretary of De8 fense shall, in consultation with the Secretary of State, 

9 develop a strategy to support the Government of Afghani10 stan in its efforts to achieve a secure presidential election 

11 in Afghanistan in 2014. 

12 (b) ELEMENTS.—The strategy shall include support 

13 to the Government of Afghanistan for the following: 

14 (1) The identification and training of an ade15 quate number of personnel within the current exist16 ing end strength of the Afghanistan National Secu17 rity Forces (ANSF) for security of polling stations, 

18 election materials, and protection of election workers 

19 and officials. 

20 (2) The recruitment and training of an ade21 quate number of female personnel in the Afghani22 stan National Security Forces to afford equitable ac23 cess to polls for women, secure polling stations, and 

24 secure locations for counting and storing election 

25 materials. 
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1 (3) The securing of freedom of movement and 

2 communications for candidates before and during 

3 the election. 

4 (c) FUNDING RESOURCES.—In developing the strat5 egy, the Secretary shall identify, from among funds cur6 rently available to the Department of Defense for activities 

7 in Afghanistan, the funds required to execute the strategy. 

8 SEC. 1219. INDEPENDENT ASSESSMENT OF THE AFGHAN 

9 NATIONAL SECURITY FORCES. 

10 (a) INDEPENDENT ASSESSMENT REQUIRED.—The 

11 Secretary of Defense shall provide for the conduct of an 

12 independent assessment of the strength, force structure, 

13 force posture, and capabilities required to make the Af14 ghan National Security Forces (ANSF) capable of pro15 viding security for their own country so as to prevent Af16 ghanistan from ever again becoming a safe haven for ter17 rorists that threaten Afghanistan, the region, and the 

18 world. 

19 (b) CONDUCT OF ASSESSMENT.—The assessment re20 quired by subsection (a) may, at the election of the Sec21 retary, be conducted by— 

22 (1) a Federally-funded research and develop23 ment center (FFRDC); or 

24 (2) an independent, non-governmental institute 

25 described in section 501(c)(3) of the Internal Rev-
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1 enue Code of 1986 and exempt from tax under sec2 tion 501(a) of such Code that has recognized creden3 tials and expertise in national security and military 

4 affairs appropriate for the assessment. 

5 (c) ELEMENTS.—The assessment required by sub6 section (a) shall include, but not be limited to, the fol7 lowing: 

8 (1) An assessment of the likely internal and re9 gional security environment for Afghanistan over the 

10 next decade, including challenges and threats to the 

11 security and sovereignty of Afghanistan from state 

12 and non-state actors. 

13 (2) An assessment of the strength, force struc14 ture, force posture, and capabilities required to 

15 make the Afghan National Security Forces capable 

16 of providing security for their own country so as to 

17 prevent Afghanistan from ever again becoming a 

18 safe haven for terrorists that threaten Afghanistan, 

19 the region, and the world. 

20 (3) An assessment of any capability gaps in the 

21 Afghan National Security Forces that are likely to 

22 persist after 2014 and that will require continued 

23 support from the United States and its allies. 

24 (4) An assessment whether current proposals 

25 for the resourcing of the Afghan National Security 
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1 Forces after 2014 are adequate to establish and 

2 maintain long-term security for the Afghanistan peo3 ple, and implications of the under-resourcing of the 

4 Afghan National Security Forces for United States 

5 national security interests. 

6 (d) REPORT.—Not later than one year after the date 

7 of the enactment of this Act, the entity selected for the 

8 conduct of the assessment required by subsection (a) shall 

9 provide to the Secretary and the congressional defense 

10 committees a report containing its findings as a result of 

11 the assessment. The report shall be submitted in unclassi12 fied form, but may include a classified annex. 

13 (e) FUNDING.—Of the amounts authorized to be ap14 propriated for fiscal year 2013 by section 301 and avail15 able for operation and maintenance for Defense-wide ac16 tivities as specified in the funding table in section 4301, 

17 up to $1,000,000 shall be made available for the assess18 ment required by subsection (a). 

19 (f) AFGHAN NATIONAL SECURITY FORCES.—For 

20 purposes of this section, the Afghan National Security 

21 Forces shall include all forces under the authority of the 

22 Afghan Ministry of Defense and Afghan Ministry of Inte23 rior, including the Afghan National Army, the Afghan Na24 tional Police, the Afghan Border Police, the Afghan Na25 tional Civil Order Police, and the Afghan Local Police. 
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1 SEC. 1220. REPORT ON AFGHANISTAN PEACE AND RE2 INTEGRATION PROGRAM. 

3 (a) REPORT REQUIRED.—Not later than 120 days 

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

5 of Defense shall, in consultation with the Secretary of 

6 State, submit to the appropriate committees of Congress 

7 a report on the Afghanistan Peace and Reintegration Pro8 gram (APRP). 

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

10 (a) shall include the following: 

11 (1) A description of the goals and objectives of 

12 the Afghanistan Peace and Reintegration Program. 

13 (2) A description of the structure of the Pro14 gram at the national and sub-national levels in Af15 ghanistan, including the number and types of voca16 tional training and other education programs. 

17 (3) A description of the activities of the Pro18 gram as of the date of the report. 

19 (4) A description and assessment of the proce20 dures for vetting individuals seeking to participate in 

21 the Program, including an assessment of the extent 

22 to which biometric identification systems are used 

23 and the role of provincial peace councils in such pro24 cedures. 

25 (5) The amount of funding provided by the 

26 United States, and by the international community, 
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1 to support the Program, and the amount of funds so 

2 provided that have been distributed as of the date of 

3 the report. 

4 (6) An assessment of the individuals who have 

5 been reintegrated into the Program, set forth in 

6 terms as follows: 

7 (A) By geographic distribution by province. 

8 (B) By number of each of low-level insur9 gent fighters, mid-level commanders, and senior 

10 commanders. 

11 (C) By number confirmed to have been 

12 part of the insurgency. 

13 (D) By number who are currently mem14 bers of the Afghan Local Police. 

15 (E) By number who are participating in or 

16 have completed vocational training or other 

17 educational programs as part of the Program. 

18 (7) A description and assessment of the proce19 dures for monitoring the individuals participating in 

20 the Program. 

21 (8) A description and assessment of the role of 

22 women and minority populations in the implementa23 tion of the Program. 

24 (9) An assessment of the effectiveness of the 

25 activities of the Program described under paragraph 
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1 (3) in achieving the goals and objectives of the Pro2 gram. 

3 (10) Such recommendations as the Secretary of 

4 Defense considers appropriate for improving the im5 plementation, oversight, and effectiveness of the Pro6 gram. 

7 (c) APPROPRIATE COMMITTEES OF CONGRESS DE8 FINED.—In this section, the term ‘‘appropriate commit9 tees of Congress’’ means— 

10 (1) the Committee on Armed Services, the 

11 Committee on Foreign Relations, and the Committee 

12 on Appropriations of the Senate; and 

13 (2) the Committee on Armed Services, the 

14 Committee on Foreign Affairs, and the Committee 

15 on Appropriations of the House of Representatives. 

16 SEC. 1221. COMPLETION OF ACCELERATED TRANSITION OF 

17 UNITED STATES COMBAT AND MILITARY AND 

18 SECURITY OPERATIONS TO THE GOVERN19 MENT OF AFGHANISTAN. 

20 (a) SENSE OF CONGRESS.—It is the sense of Con21 gress that the President should, in coordination with the 

22 Government of Afghanistan, North Atlantic Treaty Orga23 nization (NATO) member countries, and other allies in Af24 ghanistan, seek to— 
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1 (1) undertake all appropriate activities to ac2 complish the President’s stated goal of transitioning 

3 the lead responsibility for security to the Govern4 ment of Afghanistan by mid-summer 2013; 

5 (2) as part of accomplishing this transition of 

6 the lead responsibility for security to the Govern7 ment of Afghanistan, draw down United States 

8 troops to a level sufficient to meet this goal; 

9 (3) as previously announced by the President, 

10 continue to draw down United States troop levels at 

11 a steady pace through the end of 2014; and 

12 (4) end all regular combat operations by United 

13 States troops by not later than December 31, 2014, 

14 and take all possible steps to end such operations at 

15 the earliest date consistent with a safe and orderly 

16 draw down of United States troops in Afghanistan. 

17 (b) RULE OF CONSTRUCTION.—Nothing in this sec18 tion shall be construed to recommend or support any limi19 tation or prohibition on any authority of the President— 

20 (1) to modify the military strategy, tactics, and 

21 operations of United States Armed Forces as such 

22 Armed Forces redeploy from Afghanistan; 

23 (2) to authorize United States forces in Af24 ghanistan to defend themselves whenever they may 

25 be threatened; 
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1 (3) to attack Al Qaeda forces wherever such 

2 forces are located; 

3 (4) to provide financial support and equipment 

4 to the Government of Afghanistan for the training 

5 and supply of Afghanistan military and security 

6 forces; or 

7 (5) to gather, provide, and share intelligence 

8 with United States allies operating in Afghanistan 

9 and Pakistan. 

10 SEC. 1222. SENSE OF CONGRESS COMMENDING THE EN11 DURING STRATEGIC PARTNERSHIP AGREE12 MENT BETWEEN THE UNITED STATES AND 

13 AFGHANISTAN. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) The United States and Afghanistan have 

17 been allies in the conflict against al Qaeda and its 

18 affiliates for over a decade, with the shared goal of 

19 ensuring that Afghanistan is never again a sanc20 tuary for al Qaeda. 

21 (2) The United States and Afghanistan are 

22 committed to the framework agreed to at the North 

23 Atlantic Treaty Organization (NATO) Summit in 

24 Lisbon in 2010, and reaffirmed at the NATO Sum25 mit in Chicago in 2012, for the transition from coa-
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1 lition forces to the Afghan National Security Forces 

2 of lead responsibility for security throughout Af3 ghanistan by the end of 2014. 

4 (3) In June 2011, President Barack Obama 

5 said, ‘‘What we can do, and will do, is build a part6 nership with the Afghan people that endures—one 

7 that ensures that we will be able to continue tar8 geting terrorists and supporting a sovereign Afghan 

9 government.’’ 

10 (4) In November 2011, a traditional loya jirga 

11 in Kabul declared that ‘‘strategic cooperation with 

12 the United States of America, which is a strategic 

13 ally of the people and government of Afghanistan, is 

14 considered important in order to ensure political, 

15 economic, and military security’’ and also stated, 

16 ‘‘Signing a strategic cooperation document with the 

17 United States conforms with the national interest of 

18 Afghanistan and is of significant importance.’’ 

19 (5) On May 2, 2012, President Obama and 

20 President Hamid Karzai signed the Enduring Stra21 tegic Partnership Agreement Between the United 

22 States of America and the Islamic Republic of Af23 ghanistan. 

24 (6) At the signing of the Enduring Strategic 

25 Partnership Agreement, President Obama said, 
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1 ‘‘Today we’re agreeing to be long-term partners in 

2 combating terrorism, and training Afghan security 

3 forces, strengthening democratic institutions and 

4 supporting development, and protecting human 

5 rights of all Afghans. With this agreement, the Af6 ghan people, and the world, should know that Af7 ghanistan has a friend and a partner in the United 

8 States.’’ 

9 (7) At a May 20, 2012, bilateral meeting with 

10 President Karzai at the NATO Summit in Chicago, 

11 President Obama said that the Enduring Strategic 

12 Partnership Agreement ‘‘reflects a future in which 

13 two sovereign nations—the United States and Af14 ghanistan—are operating as partners, to the benefit 

15 of our countries’ citizens, but also for the benefit of 

16 peace and security and stability in the region and 

17 around the world’’. 

18 (8) President Karzai said at the May 20, 2012, 

19 bilateral meeting with President Obama, ‘‘Mr. Presi20 dent, the partnership that we signed a few weeks 

21 ago in Kabul has turned a new page in our relations. 

22 And the new page is a page of two sovereign coun23 tries working together for the mutual interests— 

24 peace and security and in all other areas.’’ 
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1 (9) On May 26, 2012, the Wolesi Jirga, the 

2 lower house of the Afghan parliament, approved the 

3 Agreement by a vote of 191–7 with 2 abstentions. 

4 (10) On June 3, 2012, the Meshrano Jirga, the 

5 upper house of the Afghan parliament, approved the 

6 Agreement by a vote of 67–13. 

7 (11) On July 8, 2012, at the Tokyo Conference 

8 on Afghanistan, the international community and 

9 the Government of Afghanistan reaffirmed their 

10 partnership in the economic growth and development 

11 of Afghanistan through a process of mutual commit12 ments and accountability. 

13 (12) On July 4, 2012, the Enduring Strategic 

14 Partnership Agreement entered into force. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) the members of the United States Armed 

18 Forces, intelligence community, and diplomatic and 

19 development community of the United States are to 

20 be commended for their dedicated efforts and sac21 rifices in support of military and stability operations 

22 in Afghanistan that have helped strengthen security 

23 in Afghanistan, laid the foundation for transition to 

24 a long-term partnership between the United States 

25 and a sovereign Afghanistan, and supported the 
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1 Government and people of Afghanistan as they con2 tinue to build their capacity to effectively and justly 

3 govern; 

4 (2) the United States negotiating team for the 

5 Enduring Strategic Partnership Agreement, includ6 ing the United States Embassy personnel in Kabul 

7 under the leadership of Ambassador Ryan Crocker, 

8 is to be commended for its committed diplomatic ef9 forts; 

10 (3) the Governments of the United States and 

11 Afghanistan are to be commended for concluding the 

12 Enduring Strategic Partnership Agreement; 

13 (4) Congress supports the objectives and prin14 ciples of the Enduring Strategic Partnership Agree15 ment, including protecting and promoting shared 

16 democratic values, advancing long-term security, re17 inforcing regional security and cooperation, fostering 

18 social and economic development, upholding the 

19 rights of women and minorities, and strengthening 

20 institutions and governance in Afghanistan; 

21 (5) it is essential that the Government and peo22 ple of Afghanistan fulfill Afghanistan’s international 

23 commitments as agreed at the Tokyo Conference of 

24 July 2012, the Bonn Conference of December 2011, 

25 the Kabul Conference of July 2011, and other 
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1 venues to combat corruption, protect the equal 

2 rights of all citizens of Afghanistan and enforce the 

3 rule of law, hold free and fair elections in 2014, and 

4 build inclusive and effective institutions of demo5 cratic governance; 

6 (6) a key national security interest of the 

7 United States is to maintain a long-term political, 

8 economic, and military relationship with Afghani9 stan, including a limited presence of United States 

10 Armed Forces for the purpose of training, advising, 

11 and supporting Afghan National Security Forces 

12 and cooperating on shared counterterrorism objec13 tives; 

14 (7) the negotiation and conclusion of a Bilateral 

15 Security Agreement, as called for in the Enduring 

16 Strategic Partnership Agreement, will provide a fun17 damental framework for the long-term security rela18 tionship between the United States and Afghanistan; 

19 and 

20 (8) Congress has a critical role in continuing to 

21 provide the support and assistance necessary to 

22 achieve the goals of the Enduring Strategic Partner23 ship Agreement. 
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1 SEC. 1223. CONGRESSIONAL REVIEW OF BILATERAL SECU2 RITY AGREEMENT WITH AFGHANISTAN. 

3 (a) FINDINGS.—Congress makes the following find4 ings: 

5 (1) The Authorization for the Use of Military 

6 Force (Public Law 107–40; 115 Stat. 224) author7 izes the President to use all necessary and appro8 priate force against those nations, organizations, or 

9 persons the President determines planned, author10 ized, committed, or aided the terrorist attacks that 

11 occurred on September 11, 2001, or harbored such 

12 organizations or persons, in order to prevent any fu13 ture acts of international terrorism against the 

14 United States by such nations, organizations, or per15 sons. 

16 (2) President Barack Obama and Secretary of 

17 Defense Leon Panetta have stated that the United 

18 States continues to fight in Afghanistan to defeat 

19 the al Qaeda threat and the Taliban, which harbored 

20 al Qaeda in Afghanistan, where the attacks of Sep21 tember 11, 2001, were planned and where the 

22 attackers received training. 

23 (3) On May 1, 2012, the United States entered 

24 into the ‘‘Enduring Strategic Partnership Agreement 

25 Between the United States of America and the Is26 lamic Republic of Afghanistan’’, which establishes an 
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1 enduring strategic partnership between the United 

2 States and the Islamic Republic of Afghanistan. 

3 (4) The Agreement reaffirms the presence and 

4 operations of United States Armed Forces in Af5 ghanistan, and establishes long-term commitments 

6 between the two countries, including the continued 

7 commitment of United States forces and political 

8 and financial support to the Government of Afghani9 stan. 

10 (5) The Agreement also commits the United 

11 States to establishing a long-term Bilateral Security 

12 Agreement, with the goal of concluding a Bilateral 

13 Security Agreement within one year to supersede the 

14 present Status of Forces agreements with the Is15 lamic Republic of Afghanistan. 

16 (6) Congress was not consulted regarding the 

17 framework or substance of the Agreement. 

18 (7) In the past, Congress has been consulted, 

19 and, in some cases, has provided its advice and con20 sent to ratification of such agreements, including 

21 those where the use of force was not authorized nor 

22 required in the country. 

23 (b) NOTIFICATION REQUIREMENT.—Not later than 

24 30 days before entering into any Bilateral Security Agree25 ment or other agreement with the Islamic Republic of Af-
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1 ghanistan that will affect the Status of Forces agreements 

2 and long-term commitments between the United States 

3 and the Islamic Republic of Afghanistan, the President 

4 shall submit the agreement to the appropriate congres5 sional committees for review. If the President fails to com6 ply with such requirement, 50 percent of the unobligated 

7 balance of the amounts appropriated or otherwise made 

8 available for the Executive Office of the President shall 

9 be withheld. 

10 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE11 FINED.—In this section, the term ‘‘appropriate congres12 sional committees’’ means— 

13 (1) the Committee on Armed Services and the 

14 Committee on Foreign Relations of the Senate; and 

15 (2) the Committee on Armed Services and the 

16 Committee on Foreign Affairs of the House of Rep17 resentatives. 

18 SEC. 1224. AUTHORITY TO TRANSFER DEFENSE ARTICLES 

19 AND PROVIDE DEFENSE SERVICES TO THE 

20 MILITARY AND SECURITY FORCES OF AF21 GHANISTAN AND CERTAIN OTHER COUN22 TRIES. 

23 (a) NONEXCESS ARTICLES AND RELATED SERV24 ICES.—The Secretary of Defense may, with the concur25 rence of the Secretary of State, transfer nonexcess defense 
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1 articles from the stocks of the Department of Defense, 

2 without reimbursement from the government of the recipi3 ent country, and provide defense services in connection 

4 with the transfer of such defense articles, as follows: 

5 (1) To the military and security forces of Af6 ghanistan to support the efforts of those forces to 

7 restore and maintain peace and security in that 

8 country. 

9 (2) To the military and security forces of 

10 Yemen to support the efforts of those forces to con11 duct counterterrorism operations and counter al 

12 Qaeda in the Arabian Peninsula. 

13 (3) To the military and security forces of Soma14 lia and other countries in the East Africa region to 

15 support the efforts of those forces to conduct 

16 counterterrorism and postconflict stability operations 

17 in Somalia. 

18 (b) LIMITATIONS.— 

19 (1) VALUE.—The aggregate replacement value 

20 of all defense articles transferred and defense serv21 ices provided in connection with such defense articles 

22 under subsection (a) in any fiscal year may not ex23 ceed $250,000,000. 
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1 (2) SOURCE OF TRANSFERRED ARTICLES.—The 

2 authority under subsection (a) may only be used for 

3 defense articles that— 

4 (A) were present in Afghanistan as of the 

5 date of the enactment of this Act; 

6 (B) immediately before transfer were in 

7 use to support operations in Afghanistan; and 

8 (C) are no longer required by United 

9 States forces in Afghanistan. 

10 (c) APPLICABLE LAW.—Any defense articles trans11 ferred or defense services provided under the authority of 

12 subsection (a) shall be subject to the authorities and limi13 tations applicable to excess defense articles under section 

14 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 

15 2321j), other than the authorities and limitations in sub16 sections (b)(1)(B), (e), (f), and (g) of such section. 

17 (d) REPORT REQUIRED BEFORE EXERCISE OF AU18 THORITY.— 

19 (1) IN GENERAL.—The Secretary of Defense 

20 may not exercise the authority under subsection (a) 

21 until 15 days after the Secretary submits to the ap22 propriate committees of Congress a report on the 

23 equipment and other property of the Department of 

24 Defense in Afghanistan. 
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1 (2) ELEMENTS.—The report required under 

2 paragraph (1) shall include the following: 

3 (A) A description of the process for 

4 inventorying equipment and property, including 

5 defense articles, in Afghanistan owned by the 

6 Department of Defense, including equipment 

7 and property owned by the Department and 

8 under the control of contractors in Afghanistan. 

9 (B) An estimate of the types and quan10 tities of equipment and property of the Depart11 ment of Defense, including defense articles, an12 ticipated to be withdrawn from Afghanistan in 

13 connection with the drawdown of United States 

14 military forces from Afghanistan between the 

15 date of the enactment of this Act and December 

16 31, 2014, including equipment and property 

17 owned by the Department and under the con18 trol of contractors in Afghanistan. 

19 (e) NOTICE ON EXERCISE OF AUTHORITY.— 

20 (1) IN GENERAL.—The Secretary of Defense 

21 may not transfer defense articles or provide defense 

22 services under subsection (a) until 15 days after the 

23 date on which the Secretary of Defense, with the 

24 concurrence of the Secretary of State, submits to the 

25 appropriate committees of Congress notice of the 
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1 proposed transfer of defense articles and provision of 

2 defense services. 

3 (2) ELEMENTS.—A notice under paragraph (1) 

4 shall include the following: 

5 (A) A description of the amount and types 

6 of defense articles to be transferred and defense 

7 services to be provided. 

8 (B) A statement describing the current 

9 value of the defense articles to be transferred 

10 and the estimated replacement value of such ar11 ticles. 

12 (C) An identification of the element of the 

13 military or security force that is the proposed 

14 recipient of the defense articles to be trans15 ferred and defense service to be provided. 

16 (D) An identification of the military de17 partment from which the defense articles to be 

18 transferred are to be drawn. 

19 (E) An assessment of the impact, if any, 

20 of the transfer of defense articles on the readi21 ness of units from which the defense articles 

22 are to be transferred, and the plan, if any, for 

23 mitigating such impact or reimbursing the mili24 tary department of such units for such defense 

25 articles. 
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1 (F) An assessment of the ability of the re2 cipient government to sustain the costs associ3 ated with receiving, possessing, and using the 

4 defense articles to be transferred. 

5 (G) A determination and certification by 

6 the Secretary of Defense that— 

7 (i) the proposed transfer of the de8 fense articles to be transferred and the 

9 provision of defense services to be provided 

10 in connection with such transfer is in the 

11 national interest of the United States; 

12 (ii) for the transfer of defense articles 

13 under the authority in subsection (a)(1), 

14 such defense articles are required by the 

15 military and security forces of Afghanistan 

16 to build their capacity to restore and main17 tain peace and security in that country; 

18 (iii) for the transfer of defense articles 

19 and provision of defense services under the 

20 authority in subsection (a)(2), the transfer 

21 of such defense articles and provision of 

22 such defense services will contribute sig23 nificantly to building key capacities of the 

24 military and security forces of Yemen re25 quired to conduct counterterrorism oper-
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1 ations and counter al Qaeda in the Ara2 bian Peninsula; and 

3 (iv) for the transfer of defense articles 

4 and provision of defense services under the 

5 authority in subsection (a)(3), the transfer 

6 of such defense articles and provision of 

7 such defense services will contribute sig8 nificantly to building key capabilities of the 

9 military and security forces of the recipient 

10 country to conduct counterterrorism and 

11 postconflict stability operations in Somalia. 

12 (f) QUARTERLY REPORTS.— 

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

14 the date of the first transfer of defense articles and 

15 provision of defense services under the authority in 

16 subsection (a), and at the end of each calendar quar17 ter, if any, thereafter through March 31, 2015, in 

18 which the authority in subsection (a) is exercised, 

19 the Secretary of Defense shall submit to the appro20 priate committees of Congress a report on the imple21 mentation of the authority in subsection (a). Each 

22 report shall include the replacement value of the de23 fense articles transferred pursuant to subsection (a), 

24 both in the aggregate and by military department, 

25 and defense services provided to recipient countries, 
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1 during the 90-day period ending on the date of such 

2 report. 

3 (2) INCLUSION IN OTHER REPORT.—A report 

4 required under paragraph (1) may be included in the 

5 report required under section 9204 of the Supple6 mental Appropriations Act, 2008 (Public Law 110– 

7 252; 122 Stat. 2410) or any follow on report to such 

8 other report. 

9 (g) DEFINITIONS.—In this section: 

10 (1) APPROPRIATE COMMITTEES OF CON11 GRESS.—The term ‘‘appropriate committees of Con12 gress’’ means— 

13 (A) the Committee on Armed Services, the 

14 Committee on Foreign Relations, and the Com15 mittee on Appropriations of the Senate; and 

16 (B) the Committee on Armed Services, the 

17 Committee on Foreign Affairs, and the Com18 mittee on Appropriations of the House of Rep19 resentatives. 

20 (2) DEFENSE ARTICLES.—The term ‘‘defense 

21 articles’’ has the meaning given the term in section 

22 644(d) of the Foreign Assistance Act of 1961 (22 

23 U.S.C. 2403(d)). 

24 (3) DEFENSE SERVICES.—The term ‘‘defense 

25 services’’ has the meaning given the term in section 
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1 644(f) of the Foreign Assistance Act of 1961 (22 

2 U.S.C. 2403(f)). 

3 (4) MILITARY AND SECURITY FORCES.—The 

4 term ‘‘military and security forces’’ means national 

5 armies, national air forces, national navies, national 

6 guard forces, police forces, and border security 

7 forces, but does not include nongovernmental or ir8 regular forces (such as private militias). 

9 (5) EAST AFRICA REGION.—The term ‘‘East 

10 Africa region’’ means Burundi, Djibouti, Ethiopia, 

11 Kenya, Somalia, and Uganda. 

12 (h) EXPIRATION.—The authority provided in sub13 section (a) may not be exercised after December 31, 2014. 

14 (i) EXCESS DEFENSE ARTICLES.— 

15 (1) ADDITIONAL AUTHORITY.—The authority 

16 provided by subsection (a) is in addition to the au17 thority provided by section 516 of the Foreign As18 sistance Act of 1961. 

19 (2) EXEMPTIONS.—(A) During fiscal years 

20 2013 and 2014, the value of excess defense articles 

21 transferred from the stocks of the Department of 

22 Defense in Afghanistan to Afghanistan, Yemen, So23 malia, or other countries in the East Africa region 

24 pursuant to section 516 of the Foreign Assistance 

25 Act of 1961 shall not be counted against the limita-
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1 tion on the aggregate value of excess defense articles 

2 transferred contained in subsection (g) of such sec3 tion. 

4 (B) During fiscal years 2013 and 2014, any ex5 cess defense articles specified in subparagraph (A) 

6 shall not be subject to the authorities and limitations 

7 applicable to excess defense articles under section 

8 516 of the Foreign Assistance Act of 1961 contained 

9 in subsections (b)(1)(B) and (e) of such section. 

10 (3) CONSTRUCTION EQUIPMENT.—Notwith11 standing section 644(g) of the Foreign Assistance 

12 Act of 1961 (22 U.S.C. 2403(g)) and section 2562 

13 of title 10, United States Code, construction equip14 ment from the stocks of the Department of Defense 

15 in Afghanistan may be transferred as excess defense 

16 articles under section 516 of the Foreign Assistance 

17 Act of 1961 and subject to the provisions of this 

18 subsection. 

19 Subtitle C—Reports 

20 SEC. 1231. REVIEW AND REPORTS ON DEPARTMENT OF DE21 FENSE EFFORTS TO BUILD THE CAPACITY OF 

22 AND PARTNER WITH FOREIGN SECURITY 

23 FORCES. 

24 (a) REVIEW.— 
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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the De3 fense Policy Board shall conduct a review of the ef4 forts of the Department of Defense to build the ca5 pacity of, or partner with, foreign security forces in 

6 support of national defense and security strategies. 

7 (2) ELEMENTS.—The review required by this 

8 subsection shall include the following: 

9 (A) An examination of the ways in which 

10 the efforts of the Department to build the ca11 pacity of, or partner with, foreign security 

12 forces directly support implementation of cur13 rent national defense and security strategies. 

14 (B) An assessment of the range of effects 

15 that efforts of the Department to build the ca16 pacity of, or partner with, foreign security 

17 forces are designed to achieve in support of cur18 rent national defense and security strategies. 

19 (C) An assessment of the criteria used for 

20 prioritizing such efforts in support of national 

21 defense and security strategies. 

22 (D) An identification of the authorities the 

23 Department currently uses to implement such 

24 efforts, together with an assessment of the ade25 quacy of such authorities. 
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1 (E) An assessment of the capabilities re2 quired by the Department to implement such 

3 efforts. 

4 (F) An assessment of the most effective 

5 distribution of the roles and responsibilities for 

6 such efforts within the Department, together 

7 with an assessment whether the Department 

8 military and civilian workforce is appropriately 

9 sized and shaped to meet the requirements of 

10 such efforts. 

11 (G) An evaluation of current measures of 

12 the Department for assessing activities of the 

13 Department designed to build the capacity of, 

14 or partner with, foreign security forces, includ15 ing an assessment whether such measures ad16 dress the extent to which such activities directly 

17 support the priorities of national defense and 

18 security strategies. 

19 (H) An identification of recommendations 

20 for clarifying or improving the guidance and as21 sessment measures of the Department relating 

22 to its efforts to build the capacity of, or partner 

23 with, foreign security forces in support of na24 tional defense and security strategies. 
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1 (3) REPORT.—Not later than 90 days after the 

2 completion of the review required by this subsection, 

3 the Secretary of Defense shall submit to the con4 gressional defense committees a report containing 

5 the result of the review. 

6 (b) STRATEGIC GUIDANCE ON DEPARTMENT OF DE7 FENSE EFFORTS TO BUILD PARTNER CAPACITY AND

8 OTHER PARTNERSHIP INITIATIVES.—Not later than 120 

9 days after the completion of the review required by sub10 section (a), the Secretary of Defense shall, in coordination 

11 with the Chairman of the Joint Chiefs of Staff, submit 

12 to the congressional defense committees a report setting 

13 forth the following: 

14 (1) An assessment, taking into account the rec15 ommendations of the Defense Policy Board in the 

16 review required by subsection (a), of the efforts of 

17 the Department of Defense to build the capacity of, 

18 and partner with, foreign military forces in support 

19 of national defense and security strategies. 

20 (2) Strategic guidance for the Department for 

21 its efforts to build the capacity of, and partner with, 

22 foreign military forces in support of national defense 

23 and security strategies, which guidance shall ad24 dress— 
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1 (A) the ways such efforts directly support 

2 the goals and objectives of national defense and 

3 security strategies; 

4 (B) the criteria to be used for prioritizing 

5 activities to implement such efforts in support 

6 of national defense and security strategies; 

7 (C) the measures to be used to assess the 

8 effects achieved by such efforts and the extent 

9 to which such effects support the objectives of 

10 national defense and security strategies; 

11 (D) the appropriate roles and responsibil12 ities of the Armed Forces, the Defense Agen13 cies, and other components of the Department 

14 in conducting such efforts; and 

15 (E) the relationship of Department work16 force planning with the requirements for such 

17 efforts. 

18 SEC. 1232. ADDITIONAL ELEMENTS IN ANNUAL REPORT ON 

19 MILITARY AND SECURITY DEVELOPMENTS 

20 INVOLVING THE PEOPLE’S REPUBLIC OF 

21 CHINA. 

22 Section 1202 of the National Defense Authorization 

23 Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amend24 ed— 

25 (1) in subsection (b)— 
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1 (A) by amending paragraph (9) to read as 

2 follows: 

3 ‘‘(9) Developments in China’s asymmetric capa4 bilities, including efforts to develop and deploy 

5 cyberwarfare and electronic warfare capabilities, and 

6 associated activities originating or suspected of origi7 nating from China. This discussion of these develop8 ments shall include— 

9 ‘‘(A) the nature of China’s cyber activities 

10 directed against the Department of Defense and 

11 an assessment of the damage inflicted on the 

12 Department of Defense by reason thereof, and 

13 the potential harms; 

14 ‘‘(B) a description of China’s strategy for 

15 use and potential targets of offensive 

16 cyberwarfare and electronic warfare capabilities; 

17 ‘‘(C) details on the number of malicious 

18 cyber incidents emanating from Internet Pro19 tocol addresses in China, including a compari20 son of the number of incidents during the re21 porting period to previous years; and 

22 ‘‘(D) details regarding the specific People’s 

23 Liberation Army; state security; research and 

24 academic; state-owned, associated, or other 

25 commercial enterprises; and other relevant ac-
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1 tors involved in supporting or conducting 

2 cyberwarfare and electronic warfare activities 

3 and capabilities.’’; 

4 (B) by redesignating paragraphs (10), 

5 (11), and (12) as paragraphs (15), (16), and 

6 (17) respectively; 

7 (C) by inserting after paragraph (9) the 

8 following new paragraphs: 

9 ‘‘(10) The strategy and capabilities of Chinese 

10 space programs, including trends, global and re11 gional activities, the involvement of military and ci12 vilian organizations, including state-owned enter13 prises, academic institutions, and commercial enti14 ties, and efforts to develop, acquire, or gain access 

15 to advanced technologies that would enhance Chi16 nese military capabilities. 

17 ‘‘(11) Developments in China’s nuclear capabili18 ties, which shall include the following: 

19 ‘‘(A) The size and state of China’s nuclear 

20 stockpile. 

21 ‘‘(B) A description of China’s nuclear 

22 strategy and associated doctrines. 

23 ‘‘(C) A description of the quantity, range, 

24 payload features, and location of China’s nu25 clear missiles and the quantity and operational 
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1 status of their associated launchers or plat2 forms. 

3 ‘‘(D) An analysis of China’s efforts to use 

4 electromagnetic pulse. 

5 ‘‘(E) Projections of possible future Chinese 

6 nuclear arsenals, their capabilities, and associ7 ated doctrines. 

8 ‘‘(F) A description of China’s fissile mate9 rial stockpile and civil and military production 

10 capabilities and capacities. 

11 ‘‘(G) A discussion of any significant uncer12 tainties or knowledge gaps surrounding China’s 

13 nuclear weapons program and the potential im14 plications of any such knowledge gaps for the 

15 security of the United States and its allies. 

16 ‘‘(12) A description of China’s anti-access and 

17 area denial capabilities. 

18 ‘‘(13) A description of China’s command, con19 trol, communications, computers, intelligence, sur20 veillance, and reconnaissance modernization program 

21 and its applications for China’s precision guided 

22 weapons. 

23 ‘‘(14) A description of China’s maritime activi24 ties, including— 
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1 ‘‘(A) China’s response to Freedom of Navi2 gation activities conducted by the Department 

3 of Defense; 

4 ‘‘(B) an account of each time People’s Lib5 eration Army Navy vessels have transited out6 side the First Island Chain, including the type 

7 of vessels that were involved; and 

8 ‘‘(C) the role of China’s maritime law en9 forcement vessels in maritime incidents, includ10 ing details regarding any collaboration between 

11 China’s law enforcement vessels and the Peo12 ple’s Liberation Army Navy.’’; and 

13 (D) by adding after paragraph (17), as re14 designated by subparagraph (B), the following 

15 new paragraphs: 

16 ‘‘(18) A description of Chinese military-to-mili17 tary relationships with other countries, including the 

18 size and activity of military attache offices around 

19 the world and military education programs con20 ducted in China for other countries or in other coun21 tries for the Chinese. 

22 ‘‘(19) A description of any significant sale or 

23 transfer of military hardware, expertise, and tech24 nology to or from the People’s Republic of China, in25 cluding a forecast of possible future sales and trans-
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1 fers, and a description of the implications of those 

2 sales and transfers for the security of the United 

3 States and its friends and allies in Asia. The infor4 mation under this paragraph shall include— 

5 ‘‘(A) the extent of the People’s Republic of 

6 China’s knowledge, cooperation, or condoning of 

7 sales or transfers of military hardware, exper8 tise, or technology to receiving states; 

9 ‘‘(B) the extent in each selling state of 

10 government knowledge, cooperation, or 

11 condoning of sales or transfers of military hard12 ware, expertise, or technology to the People’s 

13 Republic of China; 

14 ‘‘(C) an itemization of significant sales and 

15 transfers of military hardware, expertise, or 

16 technology that have taken place during the re17 porting period; 

18 ‘‘(D) significant assistance by any selling 

19 state to key research and development pro20 grams in China, including programs for devel21 opment of weapons of mass destruction and de22 livery vehicles for such weapons, programs for 

23 development of advanced conventional weapons, 

24 and programs for development of unconven25 tional weapons; 
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1 ‘‘(E) significant assistance by the People’s 

2 Republic of China to the research and develop3 ment programs of purchasing or receiving 

4 states, including programs for development of 

5 weapons of mass destruction and delivery vehi6 cles for such weapons, programs for develop7 ment of advanced conventional weapons, and 

8 programs for development of unconventional 

9 weapons; 

10 ‘‘(F) the extent to which arms sales to or 

11 from the People’s Republic of China are a 

12 source of funds for military research and devel13 opment or procurement programs in China or 

14 the selling state; 

15 ‘‘(G) a discussion of the ability of the Peo16 ple’s Liberation Army to assimilate such sales 

17 or transfers, mass produce new equipment, and 

18 develop doctrine for use; and 

19 ‘‘(H) a discussion of the potential threat of 

20 developments related to such sales on the secu21 rity interests of the United States and its 

22 friends and allies in Asia.’’; and 

23 (2) by amending subsection (d) to read as fol24 lows: 
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1 ‘‘(d) COMBATANT COMMANDER ASSESSMENT.—The 

2 report required under subsection (a) shall include an 

3 annex, in classified or unclassified form, that includes an 

4 assessment of the Commander of the United States Pacific 

5 Command on the following matters: 

6 ‘‘(1) Any gaps in intelligence that limit the abil7 ity of the Commander to address challenges posed 

8 by the People’s Republic of China. 

9 ‘‘(2) Any gaps in the capabilities, capacity, and 

10 authorities of the Commander to address challenges 

11 posed by the People’s Republic of China to the 

12 United States Armed Forces and United States in13 terests in the region. 

14 ‘‘(3) Any other matters the Commander con15 siders to be relevant.’’. 

16 SEC. 1233. REPORT ON IMPLEMENTATION BY GOVERNMENT 

17 OF BAHRAIN OF RECOMMENDATIONS IN RE18 PORT OF THE BAHRAIN INDEPENDENT COM19 MISSION OF INQUIRY. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of the enactment of this Act, the Secretary of State 

22 shall submit to the Committee on Foreign Relations of the 

23 Senate and the Committee on Foreign Affairs of the 

24 House of Representatives a report on the implementation 

25 by the Government of Bahrain of the recommendations 
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1 contained in the Report of the Bahrain Independent Com2 mission of Inquiry. 

3 (b) CONTENT.—The report required under subsection 

4 (a) shall include the following elements: 

5 (1) A description of the specific steps taken by 

6 the Government of Bahrain to implement each of the 

7 26 recommendations contained in the Report of the 

8 Bahrain Independent Commission of Inquiry. 

9 (2) An assessment of whether each rec10 ommendation has been fully complied with by the 

11 Government of Bahrain. 

12 (3) An assessment of the impact of the findings 

13 of the Report of the Bahrain Independent Commis14 sion of Inquiry on progress toward democracy and 

15 respect for human rights in Bahrain. 

16 SEC. 1234. REPORTS ON SYRIA. 

17 (a) REPORT ON OPPOSITION GROUPS.— 

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

19 the date of the enactment of this Act, the Director 

20 of National Intelligence and Secretary of State shall 

21 submit to Congress a report describing in detail all 

22 the known opposition groups, both independent and 

23 state-sponsored, inside and outside of Syria, oper24 ating directly or indirectly to oppose the Government 

25 of Syria. 
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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 military 

4 capacity of opposition forces. 

5 (B) An assessment of the ability of opposi6 tion forces inside and outside of Syria to estab7 lish military and political activities impacting 

8 Syria, together with a practicable timetable for 

9 accomplishing these objectives. 

10 (C) An assessment of the ability of any of 

11 the opposition groups to establish effective mili12 tary and political control in Syria. 

13 (D) A description of the composition and 

14 political agenda of each of the known opposition 

15 groups inside and outside of Syria, and an as16 sessment of the degree to which such groups 

17 represent the views of the people of Syria as a 

18 whole. 

19 (E) A description of the financial resources 

20 currently available to opposition groups and 

21 known potential sources of continued financing. 

22 (F) An assessment of the relationship be23 tween each of the Syrian opposition groups and 

24 the Muslim Brotherhood, al Qaeda, Hezbollah, 

25 Hamas, and any other groups that have pro-
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1 moted an agenda that would negatively impact 

2 United States national interests. 

3 (G) An assessment of the impact of sup4 port from the United States and challenges to 

5 providing such additional support to opposition 

6 forces on the factors discussed in subpara7 graphs (A) through (F). 

8 (b) REPORT ON WEAPONS STOCKPILES.— 

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

10 the date of the enactment of this Act, the Director 

11 of National Intelligence and Secretary of Defense 

12 shall submit to Congress an assessment of the size 

13 and security of conventional and non-conventional 

14 weapons stockpiles in Syria. 

15 (2) CONTENT.—The report required under 

16 paragraph (1) shall include the following elements: 

17 (A) A description of who has or may have 

18 access to the stockpiles. 

19 (B) A description of the sources and types 

20 of weapons flowing from outside Syria to both 

21 government and opposition forces. 

22 (C) A description of U.S. and international 

23 efforts to prevent the proliferation of conven24 tional, biological, chemical, and other types of 

25 weapons in Syria. 
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1 (c) REPORT ON CURRENT ACTIVITIES AND FUTURE

2 PLANS TO PROVIDE ASSISTANCE TO SYRIA’S POLITICAL

3 OPPOSITION.— 

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

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

6 of State shall submit to Congress a report on all the 

7 support provided to opposition political forces in 

8 Syria. 

9 (2) CONTENT.—The report required under 

10 paragraph (1) shall include the following elements: 

11 (A) A full description of the current tech12 nical assistance democracy programs conducted 

13 by the Department of State and United States 

14 Agency for International Development to sup15 port the political opposition in Syria. 

16 (B) A full summary of the communications 

17 equipment that is currently being provided to 

18 the political opposition in Syria, including a de19 scription of the entities that have received and 

20 that will continue to receive such equipment. 

21 (C) A description of any additional activi22 ties the United States plans to undertake in 

23 support of the political opposition in Syria. 
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1 (D) A description of the funding levels cur2 rently dedicated to support the political opposi3 tion in Syria. 

4 (E) A description of obstacles and chal5 lenges to providing additional support to Syria’s 

6 political opposition. 

7 (d) FORM.—The reports required by this section may 

8 be submitted in a classified form. 

9 SEC. 1235. REPORT ON MILITARY ACTIVITIES TO DENY OR 

10 SIGNIFICANTLY DEGRADE THE USE OF AIR 

11 POWER AGAINST CIVILIAN AND OPPOSITION 

12 GROUPS IN SYRIA. 

13 (a) REPORT REQUIRED.—Not later than 90 days 

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

15 of Defense shall, in consultation with the Chairman of the 

16 Joint Chiefs of Staff, submit to the congressional defense 

17 committees a report identifying the limited military activi18 ties that could deny or significantly degrade the ability of 

19 President Bashar al-Assad of Syria, and forces loyal to 

20 him, to use air power against civilians and opposition 

21 groups in Syria. 

22 (b) NATURE OF MILITARY ACTIVITIES.— 

23 (1) PRINCIPAL PURPOSE.—The principal pur24 pose of the military activities identified for purposes 

25 of the report required by subsection (a) shall be to 
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1 advance the goals of President Obama of stopping 

2 the killing of civilians in Syria and creating condi3 tions for a transition to a democratic, pluralistic po4 litical system in Syria. 

5 (2) ADDITIONAL GOALS.—The military activi6 ties identified for purposes of the report shall also 

7 meet the goals as follows: 

8 (A) That the United States Armed Forces 

9 conduct such activities with foreign allies or 

10 partners. 

11 (B) That United States ground troops not 

12 be deployed onto Syrian territory. 

13 (C) That the risk to civilians on the 

14 ground in Syria be limited. 

15 (D) That the risks to United States mili16 tary personnel be limited. 

17 (E) That the financial costs to the United 

18 States be limited. 

19 (c) ELEMENTS ON POTENTIAL MILITARY ACTIVI20 TIES.—The report required by subsection (a) shall include 

21 a comprehensive description, evaluation, and assessment 

22 of the potential effectiveness of the following military ac23 tivities, as required by subsection (a): 

24 (1) The deployment of air defense systems, 

25 such as Patriot missile batteries, to neighboring 
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1 countries for the purpose of denying or significantly 

2 degrading the operational capability of Syria air3 craft. 

4 (2) The establishment of one or more no-fly 

5 zones over key population centers in Syria. 

6 (3) Limited air strikes to destroy or signifi7 cantly degrade Syria aircraft. 

8 (4) Such other military activities as the Sec9 retary considers appropriate to achieve the goals 

10 stated in subsection (b). 

11 (d) ELEMENTS IN DESCRIPTION OF POTENTIAL

12 MILITARY ACTIVITIES.—For each military activity that 

13 the Secretary identifies in subsection (c), the comprehen14 sive description of such activities under that subsection 

15 shall include, but not be limited to, the type and the num16 ber of United States military personnel and assets to be 

17 involved in such activities, the anticipated duration of such 

18 activities, and the anticipated cost of such activities. The 

19 report shall also identify what elements would be required 

20 to maximize the effectiveness of such military activities. 

21 (e) NO AUTHORIZATION FOR USE OF MILITARY

22 FORCE.—Nothing in this section shall be construed as a 

23 declaration of war or an authorization for the use of force. 

24 (f) The report required in subsection (a) shall be de25 livered in classified form. 
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1 Subtitle D—Other Matters 

2 SEC. 1241. IMPROVED ADMINISTRATION OF THE AMER3 ICAN, BRITISH, CANADIAN, AND AUSTRALIAN 

4 ARMIES’ PROGRAM. 

5 (a) AUTHORITY.— 

6 (1) IN GENERAL.—Chapter 6 of title 10, United 

7 States Code, is amended by adding at the end the 

8 following new section: 

9 ‘‘§ 168a. American, British, Canadian, and Australian 

10 Armies’ Program: administration; agree11 ments with other participating countries 

12 ‘‘(a) AUTHORITY.—As part of the participation by 

13 the United States in the land-force program known as the 

14 American, British, Canadian, and Australian Armies’ Pro15 gram (in this section referred to as the ‘Program’), the 

16 Secretary of Defense may, with the concurrence of the 

17 Secretary of State, enter into agreements with the other 

18 participating countries in accordance with this section, 

19 and the Program shall be managed pursuant to a joint 

20 agreement among the participating countries. 

21 ‘‘(b) PARTICIPATING COUNTRIES.—In addition to the 

22 United States, the countries participating in the Program 

23 are the following: 

24 ‘‘(1) Australia. 

25 ‘‘(2) Canada. 
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1 ‘‘(3) New Zealand. 

2 ‘‘(4) The United Kingdom. 

3 ‘‘(c) CONTRIBUTIONS BY PARTICIPANTS.—(1) An 

4 agreement under subsection (a) shall provide that each 

5 participating country shall contribute to the Program— 

6 ‘‘(A) its equitable share of the full cost for the 

7 Program, including the full cost of overhead and ad8 ministrative costs related to the Program; and 

9 ‘‘(B) any amount allocated to it in accordance 

10 with the agreement for the cost for monetary claims 

11 asserted against any participating country as a re12 sult of participation in the Program. 

13 ‘‘(2) Such an agreement shall also provide that each 

14 participating country (including the United States) may 

15 provide its contribution for its equitable share under the 

16 agreement in funds, in personal property, or in services 

17 required for the Program (or in any combination thereof). 

18 ‘‘(3) Any contribution by the United States to the 

19 Program that is provided in funds shall be made from 

20 funds available to the Department of Defense for oper21 ation and maintenance. 

22 ‘‘(4) Any contribution received by the United States 

23 from another participating country to meet that country’s 

24 share of the costs of the Program shall be credited to ap25 propriations available to the Department of Defense, as 
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1 determined by the Secretary of Defense. The amount of 

2 a contribution credited to an appropriation account in con3 nection with the Program shall be available only for pay4 ment of the share of the Program expenses allocated to 

5 the participating country making the contribution. 

6 Amounts so credited shall be available for the following 

7 purposes: 

8 ‘‘(A) Payments to contractors and other sup9 pliers (including the Department of Defense and 

10 participating countries acting as suppliers) for nec11 essary goods and services of the Program. 

12 ‘‘(B) Payments for any damages and costs re13 sulting from the performance or cancellation of any 

14 contract or other obligation in support of the Pro15 gram. 

16 ‘‘(C) Payments for any monetary claim against 

17 a participating country as a result of the participa18 tion of that country in the Program. 

19 ‘‘(D) Payments or reimbursements of other 

20 Program expenses, including overhead and adminis21 trative costs for any administrative office for the 

22 Program. 

23 ‘‘(E) Refunds to other participating countries. 

24 ‘‘(5) Costs for the operation of any office established 

25 to carry out the Program shall be borne jointly by the 
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1 participating countries as provided for in an agreement 

2 referred to in subsection (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 par13 ticipation by the United States in the Program, the Sec14 retary of Defense may, with respect to any property that 

15 is jointly acquired by the countries participating in the 

16 Program, agree to the disposal of the property without re17 gard to any law of the United States that is otherwise 

18 applicable to the disposal of property owned by the United 

19 States. Such disposal may include the transfer of the in20 terest of the United States in the property to one or more 

21 of the other participating countries or the sale of the prop22 erty. Reimbursement for the value of the property dis23 posed of (including the value of the interest of the United 

24 States in the property) shall be made in accordance with 

25 an agreement under subsection (a). 
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1 ‘‘(f) SUNSET.—Any agreement entered into by the 

2 United States with another country under subsection (a), 

3 and United States participation in the joint agreement de4 scribed in that subsection, shall expire not later than five 

5 years after the date of the enactment of the National De6 fense Authorization Act for Fiscal Year 2013.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 6 of such title is 

9 amended by adding at the end the following new 

10 item: 

‘‘168a. American, British, Canadian, and Australian Armies’ Program: administration; agreements with other participating countries.’’. 

11 (b) REPORT.—Not later than 60 days before the expi12 ration date for agreements under subsection (a) of section 

13 168a of title 10, United States Code (as added by sub14 section (a) of this section), pursuant to subsection (f) of 

15 such section, the Secretary of Defense shall submit to the 

16 Committees on Armed Services of the Senate and the 

17 House of Representatives a report on the activities, costs, 

18 and accomplishments of the American, British, Canadian, 

19 and Australian Armies’ Program during the five-year pe20 riod ending on the date of such report. 

21 SEC. 1242. UNITED STATES PARTICIPATION IN HEAD22 QUARTERS EUROCORPS. 

23 (a) PARTICIPATION AUTHORIZED.—The Secretary of 

24 Defense may, with the concurrence of the Secretary of 
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1 State, authorize the participation of members of the 

2 Armed Forces as members of the staff of Headquarters 

3 Eurocorps for the purpose of supporting the North Atlan4 tic Treaty Organization (NATO) activities of the NATO 

5 Rapid Deployable Corps Eurocorps. 

6 (b) MEMORANDUM OF UNDERSTANDING.— 

7 (1) REQUIREMENT.—The participation of mem8 bers of the Armed Forces as members of the staff 

9 of Headquarters Eurocorps shall be in accordance 

10 with the terms of one or more memoranda of under11 standing entered into by the Secretary of Defense, 

12 with the concurrence of the Secretary of State, and 

13 Headquarters Eurocorps. 

14 (2) COST-SHARING ARRANGEMENTS.—If De15 partment of Defense facilities, equipment, or funds 

16 are used to support Headquarters Eurocorps, the 

17 memoranda of understanding under paragraph (1) 

18 shall provide details of any cost-sharing arrangement 

19 or other funding arrangement. 

20 (c) LIMITATION ON NUMBER OF MEMBERS PARTICI21 PATING AS STAFF.—Not more than two members of the 

22 Armed Forces may participate as members of the staff 

23 of Headquarters Eurocorps, until the Secretary of Defense 

24 submits to the Committees on Armed Services of the Sen-
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1 ate and the House of Representatives a report setting 

2 forth the following: 

3 (1) A certification by the Secretary of Defense 

4 that the participation of more than two members of 

5 the Armed Forces in Headquarters Eurocorps is in 

6 the national interests of the United States. 

7 (2) A description of the benefits of the partici8 pation of the additional members proposed by the 

9 Secretary. 

10 (3) A description of the plans for the participa11 tion of the additional members proposed by the Sec12 retary, including the grades and posts to be filled. 

13 (4) A description of the costs associated with 

14 the participation of the additional members proposed 

15 by the Secretary. 

16 (d) AVAILABILITY OF APPROPRIATED FUNDS.— 

17 (1) AVAILABILITY.—Funds appropriated to the 

18 Department of Defense for operation and mainte19 nance are available as follows: 

20 (A) To pay the United States’ share of the 

21 operating expenses of Headquarters Eurocorps. 

22 (B) To pay the costs of the participation 

23 of members of the Armed Forces participating 

24 as members of the staff of Headquarters 
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1 Eurocorps, including the costs of expenses of 

2 such participants. 

3 (2) LIMITATION.—No funds may be used under 

4 this section to fund the pay or salaries of members 

5 of the Armed Forces who participate as members of 

6 the staff of the Headquarters, North Atlantic Treaty 

7 Organization (NATO) Rapid Deployable Corps 

8 under this section. 

9 (e) HEADQUARTERS EUROCORPS DEFINED.—In this 

10 section, the term ‘‘Headquarters Eurocorps’’ refers to the 

11 multinational military headquarters, established on Octo12 ber 1, 1993, which is one of the High Readiness Forces 

13 (Land) associated with the Allied Rapid Reaction Corps 

14 of NATO. 

15 SEC. 1243. DEPARTMENT OF DEFENSE PARTICIPATION IN 

16 EUROPEAN PROGRAM ON MULTILATERAL EX17 CHANGE OF AIR TRANSPORTATION AND AIR 

18 REFUELING SERVICES. 

19 (a) PARTICIPATION AUTHORIZED.— 

20 (1) IN GENERAL.—The Secretary of Defense 

21 may, with the concurrence of the Secretary of State, 

22 authorize the participation of the United States in 

23 the Air Transport, Air-to-Air Refueling and other 

24 Exchanges of Services program (in this section re-
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1 ferred to as the ‘‘ATARES program’’) of the Move2 ment Coordination Centre Europe. 

3 (2) SCOPE OF PARTICIPATION.—Participation 

4 in the ATARES program under paragraph (1) shall 

5 be limited to the reciprocal exchange or transfer of 

6 air transportation and air refueling services on a re7 imbursable basis or by replacement-in-kind or the 

8 exchange of air transportation or air refueling serv9 ices of an equal value. 

10 (3) LIMITATIONS.—The United States’ balance 

11 of executed flight hours, whether as credits or deb12 its, in participation in the ATARES program under 

13 paragraph (1) may not exceed 500 hours. The 

14 United States’ balanced of executed flight hours for 

15 air refueling in the ATARES program under para16 graph (1) may not exceed 200 hours. 

17 (b) WRITTEN ARRANGEMENT OR AGREEMENT.— 

18 (1) ARRANGEMENT OR AGREEMENT RE19 QUIRED.—The participation of the United States in 

20 the ATARES program under subsection (a) shall be 

21 in accordance with a written arrangement or agree22 ment entered into by the Secretary of Defense, with 

23 the concurrence of the Secretary of State, and the 

24 Movement Coordination Centre Europe. 
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1 (2) FUNDING ARRANGEMENTS.—If Department 

2 of Defense facilities, equipment, or funds are used to 

3 support the ATARES program, the written arrange4 ment or agreement under paragraph (1) shall specify 

5 the details of any equitable cost sharing or other 

6 funding arrangement. 

7 (3) OTHER ELEMENTS.—Any written arrange8 ment or agreement entered into under paragraph (1) 

9 shall require that any accrued credits and liabilities 

10 resulting from an unequal exchange or transfer of 

11 air transportation or air refueling services shall be 

12 liquidated, not less than once every five years, 

13 through the ATARES program. 

14 (c) IMPLEMENTATION.—In carrying out any written 

15 arrangement or agreement entered into under subsection 

16 (b), the Secretary of Defense may— 

17 (1) pay the United States’ equitable share of 

18 the operating expenses of the Movement Coordina19 tion Centre Europe and the ATARES consortium 

20 from funds available to the Department of Defense 

21 for operation and maintenance; and 

22 (2) assign members of the Armed Forces or De23 partment of Defense civilian personnel, from among 

24 members and personnel within billets authorized for 

25 the United States European Command, to duty at 
733 

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1 the Movement Coordination Centre Europe as nec2 essary to fulfill the United States’ obligations under 

3 that arrangement or agreement. 

4 (d) CREDITING OF RECEIPTS.—Any amount received 

5 by the United States in carrying out a written arrange6 ment or agreement entered into under subsection (b) shall 

7 be credited, as elected by the Secretary of Defense, to the 

8 following: 

9 (1) The appropriation, fund, or account used in 

10 incurring the obligation for which such amount is re11 ceived. 

12 (2) An appropriation, fund, or account cur13 rently available for the purposes for which such obli14 gation was made. 

15 (e) ANNUAL SECRETARY OF DEFENSE REPORTS.— 

16 Not later than 30 days after the end of each fiscal year 

17 in which the authority provided by this section is in effect, 

18 the Secretary of Defense shall submit to Congress a report 

19 on United States participation in the ATARES program 

20 during such fiscal year. Each report shall include the fol21 lowing: 

22 (1) The United States balance of executed 

23 flight hours at the end of the fiscal year covered by 

24 such report. 
734 

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1 (2) The types of services exchanged or trans2 ferred during the fiscal year covered by such report. 

3 (3) A description of any United States costs 

4 under the written arrangement or agreement under 

5 subsection (b)(1) in connection with the use of De6 partment of Defense facilities, equipment, or funds 

7 to support the ATARES program under that sub8 section as provided by subsection (b)(2). 

9 (4) A description of the United States’ equi10 table share of the operating expenses of the Move11 ment Coordination Centre Europe and the ATARES 

12 consortium paid under subsection (c)(1). 

13 (5) A description of any amounts received by 

14 the United States in carrying out a written arrange15 ment or agreement entered into under subsection 

16 (b). 

17 (f) COMPTROLLER GENERAL OF UNITED STATES

18 REPORT.—Not later than one year after the date of the 

19 enactment of this Act, the Comptroller General of the 

20 United States shall submit to the congressional defense 

21 committees a report on the ATARES program. The report 

22 shall set forth the assessment of the Comptroller General 

23 of the program, including the types of services available 

24 under the program, whether the program is achieving its 

25 intended purposes, and, on the basis of actual cost data 
735 

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1 from the performance of the program, the cost-effective2 ness of the program. 

3 (g) EXPIRATION.—The authority provided by this 

4 section to participate in the ATARES program shall ex5 pire five years after the date on which the Secretary of 

6 Defense first enters into a written arrangement or agree7 ment under subsection (b). The Secretary shall publish no8 tice of such date on a public website of the Department 

9 of Defense. 

10 SEC. 1244. AUTHORITY TO ESTABLISH PROGRAM TO PRO11 VIDE ASSISTANCE TO FOREIGN CIVILIANS 

12 FOR HARM INCIDENT TO COMBAT OPER13 ATIONS OF THE ARMED FORCES IN FOREIGN 

14 COUNTRIES. 

15 (a) AUTHORITY TO ESTABLISH PROGRAM.—The Sec16 retary of Defense may establish a program, under such 

17 regulations as the Secretary may prescribe, to enable mili18 tary commanders at their discretion to provide assistance 

19 to foreign civilians for damage, personal injury, or death 

20 that is incident to combat operations of the Armed Forces 

21 in a foreign country. 

22 (b) ELEMENTS.— 

23 (1) NATURE OF ASSISTANCE.—Any assistance 

24 provided under a program under subsection (a) may 

25 be provided only ex gratia, and shall not be consid-
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1 ered an admission or acknowledgment of any legal 

2 obligation to compensate for any damage, personal 

3 injury, or death. 

4 (2) TREATMENT WITH OTHER COMPENSA5 TION.—In the event compensation for damage, per6 sonal injury, or death covered by this section is re7 ceived through a separate program operated by the 

8 United States Government, receipt of compensation 

9 in such amount should be considered by the com10 mander or legal advisor determining appropriate as11 sistance under a program under subsection (a). 

12 (3) AMOUNT OF ASSISTANCE.—If the Secretary 

13 of Defense determines a program under subsection 

14 (a) to be fitting in a particular setting, the amount 

15 of assistance, if any, to be provided to civilians de16 termined to have suffered harm incident to combat 

17 operations of the Armed Forces under the program 

18 should be determined pursuant to regulations pre19 scribed by the Secretary and based on an assessment 

20 of cultural appropriateness and prevailing economic 

21 conditions. 

22 (c) RECORDS.— 

23 (1) IN GENERAL.—The regulations prescribed 

24 by the Secretary of Defense for purposes of any pro-
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1 gram under subsection (a) shall include require2 ments as follows: 

3 (A) That local military commanders main4 tain a written record of any assistance offered 

5 or denied under such program. 

6 (B) That local military commanders sub7 mit on a timely basis a report summarizing 

8 such written records to the appropriate office in 

9 the Department of Defense as specified by the 

10 Secretary in such regulations. 

11 SEC. 1245. SUSTAINABILITY REQUIREMENTS FOR CERTAIN 

12 CAPITAL PROJECTS IN CONNECTION WITH 

13 OVERSEAS CONTINGENCY OPERATIONS. 

14 (a) LIMITATION.— 

15 (1) IN GENERAL.—Commencing 60 days after 

16 the date of the enactment of this Act— 

17 (A) amounts authorized to be appropriated 

18 for the Department of Defense may not be obli19 gated or expended for a capital project de20 scribed in subsection (b) unless the Secretary of 

21 Defense, in consultation with the United States 

22 commander of military operations in the coun23 try in which the project will be carried out, 

24 completes an assessment on the necessity and 

25 sustainability of the project; 
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1 (B) amounts authorized to be appropriated 

2 for the Department of State may not be obli3 gated or expended for a capital project de4 scribed in subsection (b) unless the Secretary of 

5 State, in consultation with the Chief of Mission 

6 in the country in which the project will be car7 ried out, completes an assessment on the neces8 sity and sustainability of the project; and 

9 (C) amounts authorized to be appropriated 

10 for the United States Agency for International 

11 Development may not be obligated or expended 

12 for a capital project described in subsection (b) 

13 unless the Administrator of the United States 

14 Agency for International Development, in con15 sultation with the Mission Director and the 

16 Chief of Mission in the country in which the 

17 project will be carried out, completes an assess18 ment on the necessity and sustainability of the 

19 project. 

20 (2) ELEMENTS.—Each assessment on a capital 

21 project under this subsection shall include, but not 

22 be limited to, the following: 

23 (A) An estimate of the total cost of the 

24 completed project to the United States. 
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1 (B) An estimate of the financial and other 

2 requirements necessary for the host government 

3 to sustain the project on an annual basis after 

4 completion of the project. 

5 (C) An assessment whether the host gov6 ernment has the capacity (in both financial and 

7 human resources) to maintain and use the 

8 project after completion. 

9 (D) A description of any arrangements for 

10 the sustainment of the project following its 

11 completion if the host government lacks the ca12 pacity (in financial or human resources) to 

13 maintain the project. 

14 (E) An assessment whether the host gov15 ernment has requested or expressed its need for 

16 the project, and an explanation of the decision 

17 to proceed with the project absent such request 

18 or need. 

19 (F) An assessment by the Secretary of De20 fense, where applicable, of the effect of the 

21 project on the military mission of the United 

22 States in the country concerned 

23 (b) COVERED CAPITAL PROJECTS.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), a capital project described in this sub-
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1 section is any capital project overseas for an over2 seas contingency operation for the benefit of a host 

3 country and funded by the Department of Defense, 

4 the Department of State, or the United States Agen5 cy for International Development, as applicable, if 

6 the capital project— 

7 (A) in the case of a project that directly 

8 supports building the capacity of indigenous se9 curity forces in the host country, has an esti10 mated value in excess of $10,000,000; 

11 (B) in the case of any project not covered 

12 by subparagraph (A) that is to be funded by 

13 the Department of State or the United States 

14 Agency for International Development, has an 

15 estimated value in excess of $5,000,000; or 

16 (C) in the case of any other project, has an 

17 estimated value in excess of $2,000,000. 

18 (2) EXCLUSION.—A capital project described in 

19 this subsection does not include any project for mili20 tary construction (as that term is defined in section 

21 114(b) of title 10, United States Code) or a military 

22 family housing project under section 2821 of such 

23 title. 

24 (c) WAIVER.—The Secretary of Defense, the Sec25 retary of State, or the Administrator of the United States 
741 

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1 Agency for International Development, as applicable, may 

2 waive the limitation in subsection (a) in order to initiate 

3 a capital project if such Secretary or the Administrator, 

4 as the case may be, determines that the project is in the 

5 national security, diplomatic, or humanitarian interests of 

6 the United States. In the first report submitted under sub7 section (d) after any waiver under this subsection, such 

8 Secretary or the Administrator shall include a detailed jus9 tification of such waiver. Not later than 45 days after 

10 issuing a waiver under this subsection, such Secretary or 

11 the Administrator shall submit to Congress the assess12 ment described in subsection (a) with respect to the cap13 ital project concerned. 

14 (d) SEMI-ANNUAL REPORTS.— 

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

16 the end of each fiscal-year half-year the Secretary of 

17 Defense, the Secretary of State, and the Adminis18 trator of the United States Agency for International 

19 Development shall each submit to the appropriate 

20 committees of Congress a report setting forth each 

21 assessment conducted under subsection (a) by such 

22 Secretary or the Administrator, as the case may be, 

23 during such fiscal-year half-year, including the ele24 ments of each capital project assessed specified in 

25 subsection (a)(2). 
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1 (2) ADDITIONAL ELEMENTS.—In addition to 

2 the matters provided for in paragraph (1), each re3 port under that paragraph shall include the fol4 lowing: 

5 (A) For each capital project covered by 

6 such report, an evaluation (other than by 

7 amount of funds expended) of the effectiveness 

8 of such project, including, at a minimum, the 

9 following: 

10 (i) The stated goals of the project. 

11 (ii) The actions taken to assess and 

12 verify whether the project has met the 

13 stated goals of the project or is on track 

14 to meet such goals when completed. 

15 (iii) The current and anticipated levels 

16 of involvement of local governments, com17 munities, and individuals in the project. 

18 (B) For each country or region in which a 

19 capital project covered by such report is being 

20 carried out, an assessment of the following: 

21 (i) The current and anticipated effects 

22 of violence in the country or region on all 

23 the projects in the country or region cov24 ered by such report. 
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1 (ii) The current and anticipated levels 

2 of corruption or fraud in the country or re3 gion in the connection with all the projects 

4 in the country or region covered by such 

5 report, and the current and anticipated 

6 risks of corruption or fraud in connection 

7 with such projects. 

8 (3) FORM.—Each report shall be submitted in 

9 unclassified form, but may include a classified 

10 annex. 

11 (e) DEFINITIONS.—In this section: 

12 (1) The term ‘‘appropriate committees of Con13 gress’’ means— 

14 (A) the Committee on Armed Services, the 

15 Committee on Foreign Relations, the Com16 mittee on Homeland Security and Govern17 mental Affairs, and the Committee on Appro18 priations of the Senate; and 

19 (B) the Committee on Armed Services, the 

20 Committee on Foreign Affairs, the Committee 

21 on Oversight and Government Reform, and the 

22 Committee on Appropriations of the House of 

23 Representatives. 
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1 (2) The term ‘‘capital project’’ has the meaning 

2 given that term in section 308 of the Aid, Trade, 

3 and Competitiveness Act of 1992 (22 U.S.C. 2421e). 

4 (3) The term ‘‘overseas contingency operation’’ 

5 means a military operation outside the United 

6 States and its territories and possessions that is a 

7 contingency operation (as that term is defined in 

8 section 101(a)(13) of title 10, United States Code). 

9 SEC. 1246. EFFORTS TO REMOVE JOSEPH KONY FROM 

10 POWER AND END ATROCITIES COMMITTED 

11 BY THE LORD’S RESISTANCE ARMY. 

12 Consistent with the Lord’s Resistance Army Disar13 mament and Northern Uganda Recovery Act of 2009 

14 (Public Law 111–172), it is the sense of the Senate that— 

15 (1) the ongoing United States advise and assist 

16 operation to support the regional governments in Af17 rica in their ongoing efforts to apprehend or remove 

18 Joseph Kony and his top commanders from the bat19 tlefield and end atrocities perpetuated by his Lord’s 

20 Resistance Army should continue; 

21 (2) using amounts authorized to be appro22 priated by section 301 and specified in the funding 

23 table in section 4301 for Operation and Mainte24 nance, Defense-wide for ‘‘Additional ISR Support to 

25 Operation Observant Compass’’, the Secretary of 
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1 Defense should provide increased intelligence, sur2 veillance, and reconnaissance assets to support the 

3 ongoing efforts of United States Special Operations 

4 Forces to advise and assist regional partners as they 

5 conduct operations against the Lord’s Resistance 

6 Army in Central Africa; 

7 (3) United States and regional African forces 

8 should increase their operational coordination; and 

9 (4) the regional governments should recommit 

10 themselves to the operations sanctioned by the Afri11 can Union Peace and Security Council resolution. 

12 SEC. 1247. IMPOSITION OF SANCTIONS WITH RESPECT TO 

13 SUPPORT FOR THE REBEL GROUP KNOWN AS 

14 M23. 

15 (a) BLOCKING OF ASSETS.—The Secretary of the 

16 Treasury shall, pursuant to the International Emergency 

17 Economic Powers Act (50 U.S.C. 1701 et seq.) or Execu18 tive Order 13413 (74 Fed. Reg. 64105; relating to block19 ing property of certain persons contributing to the conflict 

20 in the Democratic Republic of the Congo), block and pro21 hibit all transactions in all property and interests in prop22 erty of a person described in subsection (c) if such prop23 erty and interests in property are in the United States, 

24 come within the United States, or are or come within the 

25 possession or control of a United States person. 
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1 (b) VISA BAN.—The Secretary of State shall deny a 

2 visa to, and the Secretary of Homeland Security shall ex3 clude from the United States, any alien who is a person 

4 described in subsection (c). 

5 (c) PERSONS DESCRIBED.—A person described in 

6 this subsection is a person that the President determines 

7 provides, on or after the date of the enactment of this Act, 

8 significant financial, material, or technological support to 

9 M23. 

10 (d) WAIVER.—The President may waive the applica11 tion of this section with respect to a person if the Presi12 dent determines and reports to the appropriate congres13 sional committees that the waiver is in the national inter14 est of the United States. 

15 (e) TERMINATION OF SANCTIONS.—The President 

16 may terminate sanctions imposed under this section with 

17 respect to a person on and after the date on which the 

18 President determines and reports to the appropriate con19 gressional committees that the person has terminated the 

20 provision of significant financial, material, and techno21 logical support to M23. 

22 (f) TERMINATION OF SECTION.—This section shall 

23 terminate on the date on which the President determines 

24 that M23 is no longer a significant threat to peace and 

25 security in the Democratic Republic of the Congo. 
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1 (g) DEFINITIONS.—In this section: 

2 (1) APPROPRIATE CONGRESSIONAL COMMIT3 TEES.—The term ‘‘appropriate congressional com4 mittees’’ means— 

5 (A) the Committee on Banking, Housing, 

6 and Urban Affairs and the Committee on For7 eign Relations of the Senate; and 

8 (B) the Committee on Financial Services 

9 and the Committee on Foreign Affairs of the 

10 House of Representatives. 

11 (2) M23.—The term ‘‘M23’’ refers to the rebel 

12 group known as M23 operating in the Democratic 

13 Republic of the Congo that derives its name from 

14 the March 23, 2009, agreement between the Govern15 ment of the Democratic Republic of the Congo and 

16 the National Congress for the Defense of the People 

17 (or any successor group). 

18 (3) UNITED STATES PERSON.—The term 

19 ‘‘United States person’’ means— 

20 (A) an individual who is a United States 

21 citizen or an alien lawfully admitted for perma22 nent residence to the United States; or 

23 (B) an entity organized under the laws of 

24 the United States or of any jurisdiction within 

25 the United States. 
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1 SEC. 1248. PROGRAM ON REPAIR, OVERHAUL, AND REFUR2 BISHMENT OF DEFENSE ARTICLES FOR SALE 

3 OR TRANSFER TO ELIGIBLE FOREIGN COUN4 TRIES AND ENTITIES. 

5 (a) PROGRAM AUTHORIZED.—The Secretary of De6 fense may carry out a program to repair, overhaul, or re7 furbish in-stock defense articles in anticipation of the sale 

8 or transfer of such defense articles to eligible foreign coun9 tries or international organizations under law. 

10 (b) FUND FOR SUPPORT OF PROGRAM AUTHOR11 IZED.—The Secretary of Defense may establish and ad12 minister a fund to be known as the ‘‘Special Defense Re13 pair Fund’’ (in this section referred to as the ‘‘Fund’’) 

14 to support the program authorized by subsection (a). 

15 (c) CREDITS TO FUND.— 

16 (1) IN GENERAL.—Subject to paragraphs (2) 

17 and (3), the following shall be credited to the Fund: 

18 (A) Subject to applicable provisions of ap19 propriations Acts, such amounts, not to exceed 

20 $48,400,000 per fiscal year, from amounts au21 thorized to be appropriated for the Department 

22 of Defense for operation and maintenance for 

23 the Army as the Secretary of Defense considers 

24 appropriate. 

25 (B) Notwithstanding section 114(c) of title 

26 10, United States Code, any collection from the 
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1 sale or transfer of defense articles from Depart2 ment of Defense stocks repaired, overhauled, or 

3 refurbished with amounts from the Fund that 

4 are not intended to be replaced which sale or 

5 transfer is made pursuant to section 

6 21(a)(1)(A) of the Arms Export Control Act 

7 (22 U.S.C. 2761(a)(1)(A)), the Foreign Assist8 ance Act of 1961 (22 U.S.C. 2151 et seq.), or 

9 another provision of law. 

10 (C) Notwithstanding section 37(a) of the 

11 Arms Export Control Act (22 U.S.C. 2777(a)), 

12 any cash payment from the sale or transfer of 

13 defense articles from Department of Defense 

14 stocks repaired, overhauled, or refurbished with 

15 amounts from the Fund that are intended to be 

16 replaced. 

17 (2) LIMITATION ON AMOUNTS CREDITABLE

18 FROM SALE OR TRANSFER OF ARTICLES.— 

19 (A) CREDITS IN CONNECTION WITH ARTI20 CLES NOT TO BE REPLACED.—The amount 

21 credited to the Fund under paragraph (1)(B) in 

22 connection with a collection from the sale or 

23 transfer of defense articles may not exceed the 

24 cost incurred by the Department of Defense in 

25 repairing, overhauling, or refurbishing such de-
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1 fense articles under the program authorized by 

2 subsection (a). 

3 (B) CREDITS IN CONNECTION WITH ARTI4 CLES TO BE REPLACED.—The amount credited 

5 to the Fund under paragraph (1)(C) in connec6 tion with a sale or transfer of defense articles 

7 may not exceed the amounts from the Fund 

8 used to repair, overhaul, or refurbish such de9 fense articles. 

10 (3) LIMITATION ON SIZE OF FUND.—The total 

11 amount in the Fund at any time may not exceed 

12 $50,000,000. 

13 (4) TREATMENT OF AMOUNTS CREDITED.— 

14 Amounts credited to the Fund under this subsection 

15 shall be merged with amounts in the Fund, and shall 

16 remain available until expended. 

17 (d) NONAVAILABILITY OF AMOUNTS IN FUND FOR

18 STORAGE, MAINTENANCE, AND RELATED COSTS.—Fol19 lowing the repair, overhaul, or refurbishment of defense 

20 articles under the program authorized by subsection (a), 

21 amounts in the Fund may not be used to pay costs of 

22 storage and maintenance of such defense articles or any 

23 other costs associated with the preservation or preparation 

24 for sale or transfer of such defense articles. 

25 (e) SALES OR TRANSFERS OF DEFENSE ARTICLES.— 
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1 (1) IN GENERAL.—Any sale or transfer of de2 fense articles repaired, overhauled, or refurbished 

3 under the program authorized by subsection (a) 

4 shall be in accordance with— 

5 (A) the Arms Export Control Act (22 

6 U.S.C. 2751 et seq.); 

7 (B) the Foreign Assistance Act of 1961; or 

8 (C) another provision of law authorizing 

9 such sale or transfer. 

10 (2) SECRETARY OF STATE CONCURRENCE RE11 QUIRED FOR CERTAIN SALES OR TRANSFERS TO

12 FOREIGN COUNTRIES.—If the sale or transfer of de13 fense articles occurs in accordance with a provision 

14 of law referred to in paragraph (1)(C) that does not 

15 otherwise require the concurrence of the Secretary of 

16 State for the sale or transfer, the sale or transfer 

17 may be made only with the concurrence of the Sec18 retary of State. 

19 (f) TRANSFERS OF AMOUNTS.— 

20 (1) TRANSFER TO OTHER DEPARTMENT OF DE21 FENSE ACCOUNTS.—Amounts in the Fund may be 

22 transferred to any Department of Defense account 

23 used to carry out the program authorized by sub24 section (a). Any amount so transferred shall be 

25 merged with amounts in the account to which trans-
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1 ferred, and shall be available for the same purposes 

2 and the same time period as amounts in the account 

3 to which transferred. 

4 (2) TRANSFER FROM OTHER DEPARTMENT OF

5 DEFENSE ACCOUNTS.—Upon a determination by the 

6 Secretary of Defense with respect to an amount 

7 transferred under paragraph (1) that all or part of 

8 such transfer is not necessary for the purposes 

9 transferred, such amount may be transferred back 

10 to the Fund. Any amount so transferred shall be 

11 merged with amounts in the Fund, and shall remain 

12 available until expended. 

13 (g) CERTAIN EXCESS PROCEEDS TO BE CREDITED

14 TO SPECIAL DEFENSE ACQUISITION FUND.—Any collec15 tion from the sale or transfer of defense articles that are 

16 not intended to be replaced in excess of the amount cred17 itable to the Fund under subsection (c)(2)(A) shall be 

18 credited to the Special Defense Acquisition Fund estab19 lished pursuant to chapter 5 of the Arms Export Control 

20 Act (22 U.S.C. 2795 et seq.). 

21 (h) REPORTS.— 

22 (1) ANNUAL REPORT.—Not later than 45 days 

23 after the end of each fiscal year through the date of 

24 expiration specified in subsection (j), the Secretary 

25 of Defense shall submit to the congressional defense 
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1 committees a report on the authorities under this 

2 section during such fiscal year. Each report shall in3 clude, for the fiscal year covered by such report, the 

4 following: 

5 (A) The types and quantities of defense ar6 ticles repaired, overhauled, or refurbished under 

7 the program authorized by subsection (a). 

8 (B) The value of the repair, overhaul, or 

9 refurbishment performed under the program. 

10 (C) The amount of operation and mainte11 nance funds credited to the Fund under sub12 section (c)(1)(A). 

13 (D) The amount of any collections from 

14 the sale or transfer of defense articles repaired, 

15 overhauled, or refurbished under the program 

16 that was credited to the Fund under subsection 

17 (c)(1)(B). 

18 (E) The amount of any cash payments 

19 from the sale or transfer of defense articles re20 paired, overhauled, or refurbished under the 

21 program that was credited to the Fund under 

22 subsection (c)(1)(C). 

23 (2) ASSESSMENT REPORT.—Not later than 

24 February 1, 2015, the Secretary of Defense shall 

25 submit to the congressional defense committees a re-
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1 port on the operation of the authorities in this sec2 tion. The report shall include an assessment of the 

3 effectiveness of the authorities in meeting the objec4 tives of the program authorized by subsection (a). 

5 (i) DEFENSE ARTICLE DEFINED.—In this section, 

6 the term ‘‘defense article’’ has the meaning given that 

7 term in section 47(3) of the Arms Export Control Act (22 

8 U.S.C. 2794(3)). 

9 (j) EXPIRATION OF AUTHORITY.—The authority to 

10 carry out the program authorized by subsection (a), and 

11 to use amounts in the Fund in support of the program, 

12 shall expire on September 30, 2015. 

13 (k) FUNDING FOR FISCAL YEAR 2013.—Of the 

14 amounts authorized to be appropriated for fiscal year 

15 2013 by section 1504 for Overseas Contingency Oper16 ations and available for operation and maintenance for the 

17 Army as specified in funding table in section 4302, 

18 $48,400,000 shall be available for deposit in the Fund 

19 pursuant to subsection (c)(1)(A), with the amount of the 

20 deposit to be attributable to amounts otherwise so avail21 able for the YMQ–18A unmanned aerial vehicle, which has 

22 been cancelled. 
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1 SEC. 1249. PLAN FOR PROMOTING THE SECURITY OF AF2 GHAN WOMEN AND GIRLS DURING THE SECU3 RITY TRANSITION PROCESS. 

4 (a) FINDINGS.—Congress makes the following find5 ings: 

6 (1) According to the Department of Defense’s 

7 April 2012 Report on Progress Toward Security and 

8 Stability in Afghanistan: 

9 (A) ‘‘U.S. and coalition forces will continue 

10 to degrade the Taliban-led insurgency in order 

11 to provide time and space to increase the capac12 ity of the Afghan National Security Forces and 

13 the Afghan Government so they can assume full 

14 responsibility for Afghanistan’s security by the 

15 end of 2014.’’ 

16 (B) ‘‘Transition to Afghan security lead 

17 began in July 2011 and transition to full Af18 ghan security responsibility will be complete 

19 country-wide by the end of 2014.’’ 

20 (C) ‘‘The security of the Afghan people 

21 and the stability of the government are used to 

22 judge provincial readiness to move to each suc23 cessive stage of transition implementation.’’ 

24 (D) For each area designated for transi25 tion, a transition implementation plan is devel26 oped by the Government of Afghanistan, 
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1 NATO, and ISAF and approved by the Joint 

2 Afghan-NATO Inteqal Board (JANIB). JANIB 

3 is also responsible for recommending areas to 

4 enter and exit the transition process. 

5 (2) According to a 2002 study on Women, 

6 Peace and Security submitted by the Secretary-Gen7 eral of the United Nations pursuant to Security 

8 Council resolution 1325 (2000), ‘‘the suspension of 

9 or restriction on women’s enjoyment of their human 

10 rights’’ can act as an early-warning indicator of im11 pending or renewed conflict. In Afghanistan, restric12 tions on women’s mobility and rights can signal the 

13 presence of extremist or insurgent elements in a 

14 community. 

15 (3) The security of Afghan women and girls in 

16 areas undergoing security transitions will be an im17 portant gauge of the transition strategy’s success. 

18 Indicators by which to measure women’s security in19 clude the mobility of women and girls, the participa20 tion of women in local government bodies, the rate 

21 of school attendance for girls, women’s access to 

22 government services, and the prevalence of violence 

23 against women. 

24 (4) Maintaining and improving physical security 

25 for Afghan women and girls throughout the country 
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1 is critical in order for women and girls to take ad2 vantage of opportunities in education, commerce, 

3 politics, and other areas of public life, which in turn 

4 is essential for the future stability and prosperity of 

5 Afghanistan. 

6 (5) Women who serve as public officials at all 

7 levels of the Government of Afghanistan face serious 

8 threats to their personal security and that of their 

9 families. Many female officials have been the victims 

10 of violent crimes, but they are generally not afforded 

11 official protection by the Government of Afghanistan 

12 or security forces. 

13 (6) Protecting the security and human rights of 

14 Afghan women and girls requires the involvement of 

15 Afghan men and boys through education about the 

16 important benefits of women’s full participation in 

17 social, economic, and political life. Male officials and 

18 security personnel can play a particularly important 

19 role in supporting and protecting women and girls. 

20 (7) The Chicago Summit Declaration issued by 

21 NATO in May 2012 states: ‘‘As the Afghan Na22 tional Police further develop and professionalize, 

23 they will evolve towards a sustainable, credible, and 

24 accountable civilian law enforcement force that will 

25 shoulder the main responsibility for domestic secu-
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1 rity. This force should be capable of providing polic2 ing services to the Afghan population as part of the 

3 broader Afghan rule of law system.’’ 

4 (8) Women face significant barriers to full par5 ticipation in the ANA and ANP, including a dis6 criminatory or hostile work environment and the 

7 lack of separate facilities designed for female per8 sonnel. 

9 (9) As of September 2012, female recruitment 

10 and retention rates for the Afghan National Security 

11 Forces are far below published targets, as follows: 

12 (A) Approximately 1,700 women serve in 

13 the Afghan National Security Forces, or less 

14 than half of one percent of the total force. 

15 (B) In 2010, President Hamid Karzai an16 nounced plans to recruit and train 5,000 

17 women in the Afghan National Police, or ap18 proximately 3 percent of the force, by 2014. 

19 Currently, there are approximately 1,370 

20 women in the ANP, or 0.87 percent of the po21 lice force. 

22 (C) Approximately 350 women currently 

23 serve in the Afghan National Army, rep24 resenting only 0.17 percent of the force. The 

25 Government of Afghanistan has said that its 
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1 goal is to achieve a force that is 10 percent fe2 male. As of May 2012, approximately 3 percent 

3 of new ANA recruits were women. 

4 (10) Male security personnel often do not re5 spond to threats or incidences of violence against 

6 women, particularly at the local level. They largely 

7 lack the training and understanding needed to re8 spond appropriately and effectively to situations in9 volving women. According to the Department of De10 fense’s April 2012 Report on Progress Toward Secu11 rity and Stability in Afghanistan: 

12 (A) The Afghan Ministry of Defense 

13 ‘‘lacks the combination of policies, procedures, 

14 and execution to promote opportunity and fair 

15 and respectful treatment of women in the 

16 force’’. 

17 (B) The Afghan Ministry of Interior ‘‘faces 

18 significant challenges in fully integrating and 

19 protecting women in the ANP workforce, espe20 cially among operational units at the provincial 

21 and district levels’’. 

22 (C) In the Afghan National Police, ‘‘Many 

23 Provincial Headquarters Commanders do not 

24 accept policewomen, as they prefer male can-
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1 didates and lack adequate facilities to support 

2 females.’’ 

3 (D) ‘‘While women are greatly needed to 

4 support police operations, a combination of cul5 tural impediments, weak recruitment, and un6 even application of policies hinder significant 

7 progress.’’ 

8 (E) ‘‘Although stronger documentation, 

9 implementation, and enforcement of policies, 

10 procedures, and guidance to better integrate 

11 women will help, time will be needed to change 

12 the cultural mores that form the basis of many 

13 of the current impediments.’’ 

14 (11) The United States, the North American 

15 Treaty Organization, and United States coalition 

16 partners have made firm commitments to support 

17 the human rights of the women and girls of Afghani18 stan, as evidenced by the following actions: 

19 (A) According to the United States Na20 tional Action Plan on Women, Peace and Secu21 rity, ‘‘integrating women and gender consider22 ations into peace-building processes helps pro23 mote democratic governance and long-term sta24 bility,’’ which are key United States strategic 

25 goals in Afghanistan. 
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1 (B) The National Action Plan also states 

2 that ‘‘the engagement and protection of women 

3 as agents of peace and stability will be central 

4 to United States efforts to promote security, 

5 prevent, respond to, and resolve conflict, and 

6 rebuild societies.’’ This policy applies to United 

7 States Government efforts in Afghanistan, 

8 where addressing the security vulnerabilities of 

9 Afghan women and girls during the period of 

10 security transition is an essential step toward 

11 long-term stability. 

12 (C) The Chicago Summit Declaration 

13 issued by NATO in May 2012 states: ‘‘We em14 phasize the importance of full participation of 

15 all Afghan women in the reconstruction, polit16 ical, peace and reconciliation processes in Af17 ghanistan and the need to respect the institu18 tional arrangements protecting their rights. We 

19 remain committed to the implementation of 

20 United Nations Security Council Resolution 

21 (UNSCR) 1325 on women, peace and security. 

22 We recognize also the need for the protection of 

23 children from the damaging effects of armed 

24 conflict as required in relevant UNSCRs.’’ 
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1 (12) The Strategic Partnership Agreement 

2 signed between the United States and Afghanistan 

3 by President Obama and President Karzai in June 

4 2012 states, ‘‘Consistent with its Constitution and 

5 international obligations, Afghanistan shall ensure 

6 and advance the essential role of women in society, 

7 so that they may fully enjoy their economic, social, 

8 political, civil and cultural rights.’’ 

9 (b) PLAN TO PROMOTE SECURITY OF AFGHAN

10 WOMEN.— 

11 (1) IN GENERAL.—Not later than 120 days 

12 after the date of the enactment of this Act, the Sec13 retary of Defense, in concurrence with the Secretary 

14 of State, shall submit to the appropriate congres15 sional committees a plan to promote the security of 

16 Afghan women during the security transition proc17 ess. 

18 (2) ELEMENTS.—The plan required under 

19 paragraph (1) shall include the following elements: 

20 (A) A plan to monitor and respond to 

21 changes in women’s security conditions in areas 

22 undergoing transition, including the following 

23 actions: 

24 (i) Seeking to designate a Civilian Im25 pact Advisor on the Joint Afghan-NATO 
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1 Inteqal Board (JANIB) to assess the im2 pact of transition on male and female civil3 ians and ensure that efforts to protect 

4 women’s rights and security are included 

5 in each area’s transition implementation 

6 plan. 

7 (ii) Reviewing existing indicators 

8 against which sex-disaggregated data is 

9 collected and, if necessary, developing addi10 tional indicators, to ensure the availability 

11 of data that can be used to measure wom12 en’s security, such as— 

13 (I) the mobility of women and 

14 girls; 

15 (II) the participation of women 

16 in local government bodies; 

17 (III) the rate of school attend18 ance for girls; 

19 (IV) women’s access to govern20 ment services; and 

21 (V) the prevalence of violence 

22 against women; and incorporating 

23 those indicators into ongoing efforts 

24 to assess overall security conditions 

25 during the transition period. 
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1 (iii) Integrating assessments of wom2 en’s security into current procedures used 

3 to determine an area’s readiness to proceed 

4 through the transition process. 

5 (iv) Working with Afghan partners, 

6 coalition partners, and relevant United 

7 States Government departments and agen8 cies to take concrete action to support 

9 women’s rights and security in cases of de10 terioration in women’s security conditions 

11 during the transition period. 

12 (B) A plan to increase gender awareness 

13 and responsiveness among Afghan National 

14 Army and Afghan National Police personnel, in15 cluding the following actions: 

16 (i) Working with Afghan and coalition 

17 partners to utilize training curricula and 

18 programming that addresses the human 

19 rights of women and girls, appropriate re20 sponses to threats against women and 

21 girls, and appropriate behavior toward fe22 male colleagues and members of the com23 munity; assessing the quality and consist24 ency of this training across regional com-
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1 mands; and assessing the impact of this 

2 training on trainee behavior. 

3 (ii) Working with national and local 

4 ANA and ANP leaders to develop and uti5 lize enforcement and accountability mecha6 nisms for ANA and ANP personnel who 

7 violate codes of conduct related to the 

8 human rights of women and girls. 

9 (iii) Working with Afghan and coali10 tion partners to implement the above tools 

11 and develop uniform methods and stand12 ards for training and enforcement among 

13 coalition partners and across regions. 

14 (C) A plan to increase the number of fe15 male members of the ANA and ANP, including 

16 the following actions: 

17 (i) Providing, through consultation 

18 with Afghan partners, realistic and achiev19 able objectives for the recruitment and re20 tention of women to the ANA and ANP by 

21 the end of the security transition period in 

22 2014. 

23 (ii) Working with national and local 

24 ANA and ANP leaders and coalition part25 ners to address physical and cultural chal-
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1 lenges to the recruitment and retention of 

2 female ANA and ANP personnel, including 

3 through targeted recruitment campaigns, 

4 expanded training and mentorship oppor5 tunities, parity in pay and promotion rates 

6 with male counterparts, and availability of 

7 facilities for female personnel. 

8 (iii) Working with national and local 

9 ANA and ANP leaders to increase under10 standing about the unique ways in which 

11 women members of the security forces im12 prove the force’s overall effectiveness. 

13 (iv) Working with national and local 

14 ANA and ANP leaders to develop a plan 

15 for maintaining and increasing the recruit16 ment and retention of women in the ANA 

17 and ANP following the completion of the 

18 security transition. 

19 (3) REPORT.—The Secretary of Defense shall 

20 include in each report on progress toward security 

21 and stability in Afghanistan that is submitted to 

22 Congress under sections 1230 and 1231 of the Na23 tional Defense Authorization Act for Fiscal Year 

24 2008 (Public Law 110–181; 122 Stat. 385, 390) a 
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1 section describing actions taken to implement the 

2 plan required under this subsection. 

3 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—In this section, the term ‘‘appropriate congres5 sional 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. 1250. SENSE OF CONGRESS ON THE ISRAELI IRON 

12 DOME DEFENSIVE WEAPON SYSTEM. 

13 (a) FINDINGS.—Congress makes the following find14 ings: 

15 (1) The citizens of Israel have suffered under a 

16 continual barrage of missiles, rockets, and mortar 

17 shells from the Hamas-controlled Gaza Strip. 

18 (2) Hamas has been designated by the Sec19 retary of State as a Foreign Terrorist Organization. 

20 (3) Hamas and other terrorist groups in Gaza 

21 have routinely used human shields and launched 

22 rockets from civilian areas. 

23 (4) Israel has gone to extraordinary lengths to 

24 avoid Palestinian civilian casualties, including 

25 aborting attacks on military targets because of the 
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1 presence of civilians, alerting civilians to leave areas 

2 of potential conflict, and allowing the importation of 

3 medical and other supplies into Gaza. 

4 (5) Israel faces additional rocket and missile 

5 threats from Lebanon and Syria. 

6 (6) The Government of Iran has supplied 

7 Hamas with advanced longer range missiles such as 

8 the Fajar-5. 

9 (7) Hamas has deployed these weapons to be 

10 fired from within their own civilian population. 

11 (8) The Government of Israel, taking seriously 

12 the threat of short range rockets and mortars, de13 signed, developed, and produced the Iron Dome sys14 tem to address those threats. 

15 (9) The Iron Dome system has successfully 

16 intercepted hundreds of rockets targeting population 

17 centers in Israel. 

18 (10) The Iron Dome system has maintained a 

19 success rate of close to 90 percent. 

20 (11) The Government of Israel currently main21 tains 5 Iron Dome batteries, a number insufficient 

22 to protect all of Israel. 

23 (12) It appears that approximately 10 addi24 tional Iron Dome batteries are needed to protect all 

25 of Israel. 
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1 (13) The United States Government, recog2 nizing the threat to Israeli citizens and desirous of 

3 promoting peace, approved funding to assist the 

4 Government of Israel in procuring Iron Dome bat5 teries. 

6 (14) Israel maintains a significant inventory of 

7 Iron Dome interceptors which has been reduced due 

8 to attacks from Gaza. 

9 (15) Israel used a significant number of preci10 sion-guided munitions in order to destroy military 

11 targets while minimizing civilian casualties in its re12 cent defensive effort in Gaza. 

13 (16) President Barack Obama has expressed 

14 his intention to seek additional funding for Iron 

15 Dome and other United States-Israel missile defense 

16 systems. 

17 (b) SENSE OF CONGRESS.—Congress— 

18 (1) reaffirms its commitment to the security of 

19 our ally and strategic partner, Israel; 

20 (2) fully supports Israel’s right to defend itself 

21 against acts of terrorism; 

22 (3) sympathizes with the families of Israelis 

23 who have come under the indiscriminate rocket fire 

24 from Hamas-controlled Gaza; 
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1 (4) recognizes the exceptional success of the 

2 Iron Dome Missile Defense system in defending the 

3 population of Israel; 

4 (5) desires to help ensure that Israel has the 

5 means to defend itself against terrorist attacks, in6 cluding through the acquisition of additional Iron 

7 Dome batteries and interceptors; and 

8 (6) urges the Departments of Defense and 

9 State to explore with their Israeli counterparts and 

10 alert Congress of any needs the Israeli Defense 

11 Force may have for additional Iron Dome batteries, 

12 interceptors, or other equipment depleted during the 

13 current conflict. 

14 SEC. 1251. SENSE OF THE SENATE ON THE SITUATION IN 

15 THE SENKAKU ISLANDS. 

16 It is the sense of the Senate that— 

17 (1) the East China Sea is a vital part of the 

18 maritime commons of Asia, including critical sea 

19 lanes of communication and commerce that benefit 

20 all nations of the Asia-Pacific region; 

21 (2) the peaceful settlement of territorial and ju22 risdictional disputes in the East China Sea requires 

23 the exercise of self-restraint by all parties in the con24 duct of activities that would complicate or escalate 

25 disputes and destabilize the region, and differences 
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1 should be handled in a constructive manner con2 sistent with universally recognized principles of cus3 tomary international law; 

4 (3) while the United States takes no position on 

5 the ultimate sovereignty of the Senkaku islands, the 

6 United States acknowledges the administration of 

7 Japan over the Senkaku Islands; 

8 (4) The unilateral action of a third party will 

9 not affect the United States’ acknowledgment of the 

10 administration of Japan over the Senkaku Islands; 

11 (5) the United States has national interests in 

12 freedom of navigation, the maintenance of peace and 

13 stability, respect for international law, and 

14 unimpeded lawful commerce; 

15 (6) the United States supports a collaborative 

16 diplomatic process by claimants to resolve territorial 

17 disputes without coercion, and opposes efforts at co18 ercion, the threat of use of force, or use of force by 

19 any claimant in seeking to resolve sovereignty and 

20 territorial issues in the East China Sea; and 

21 (7) the United States reaffirms its commitment 

22 to the Government of Japan under Article V of the 

23 Treaty of Mutual Cooperation and Security that 

24 ‘‘[e]ach Party recognizes that an armed attack 

25 against either Party in the territories under the ad-
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1 ministration of Japan would be dangerous to its own 

2 peace and safety and declares that it would act to 

3 meet the common danger in accordance with its con4 stitutional provisions and processes’’. 

5 SEC. 1252. BILATERAL DEFENSE TRADE RELATIONSHIP 

6 WITH INDIA. 

7 (a) REPORT.— 

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

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 that articulates the vi12 sion of the Department of Defense for defense trade 

13 relations between the United States and India within 

14 the context of the overall bilateral defense relation15 ship. 

16 (2) CONTENT.—The report required under 

17 paragraph (1) shall include the following elements: 

18 (A) A description of the Department’s ap19 proach for normalizing defense trade. 

20 (B) An assessment of the defense capabili21 ties that could enhance cooperation and coordi22 nation between the Governments of the United 

23 States and India on matters of shared security 

24 interests. 

25 (b) COMPREHENSIVE POLICY REVIEW.— 
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1 (1) IN GENERAL.—The Secretary of Defense 

2 shall lead a comprehensive policy review to examine 

3 the feasibility of engaging in co-production and co4 development defense projects with India. 

5 (2) SCOPE.—The policy review should— 

6 (A) examine the parameters and require7 ments for United States-India cooperation as 

8 well as the terms and conditions India must ful9 fill to broach such cooperation; and 

10 (B) consider potential areas of cooperation, 

11 including the possibility of co-producing a train12 ing aircraft and co-developing counter-IED 

13 technology or individual soldier capabilities. 

14 (c) SENSE OF CONGRESS ON INTERNATIONAL INITIA15 TIVES.—It is the sense of Congress that the Department 

16 of Defense, in coordination with the Department State, 

17 should— 

18 (1) conduct a review of all United States–India 

19 bilateral working groups dealing with high tech20 nology transfers, including technology security and 

21 licensing for dual-use and munitions licenses, and 

22 determine the feasibility of establishing a single 

23 United States Government working group dedicated 

24 to strategic technology trade; 
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1 (2) engage counterparts in the Government of 

2 India in an intensified dialogue on the current chal3 lenges related to the compatibility of the Foreign 

4 Military Sales and direct commercial sales programs 

5 with the Indian Defense Procurement Procedure 

6 (DPP), and steps to improve compatibility; 

7 (3) engage counterparts in the Government of 

8 India in a dialogue about the elements of an effec9 tive defense industrial base, including personnel 

10 training, quality assurance, and manufacturing pro11 cedures; 

12 (4) consider the establishment of orientation 

13 programs for new defense officials in the Govern14 ment of India about the procedures for United 

15 States defense sales, including licensing processes; 

16 and 

17 (5) continue and deepen ongoing efforts to as18 sist the Government of India in developing its de19 fense acquisition expertise by assisting with the de20 velopment of training institutions and human cap21 ital. 

22 Subtitle E—Iran Sanctions 

23 SEC. 1261. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Iran Freedom and 

25 Counter-Proliferation Act of 2012’’. 
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1 SEC. 1262. DEFINITIONS. 

2 (a) IN GENERAL.—In this subtitle: 

3 (1) AGRICULTURAL COMMODITY.—The term 

4 ‘‘agricultural commodity’’ has the meaning given 

5 that term in section 102 of the Agricultural Trade 

6 Act of 1978 (7 U.S.C. 5602). 

7 (2) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ has the meaning given that term in section 

10 14 of the Iran Sanctions Act of 1996 (Public Law 

11 104–172; 50 U.S.C. 1701 note). 

12 (3) COAL.—The term ‘‘coal’’ means metallur13 gical coal, coking coal, or fuel coke. 

14 (4) CORRESPONDENT ACCOUNT; PAYABLE15 THROUGH ACCOUNT.—The terms ‘‘correspondent ac16 count’’ and ‘‘payable-through account’’ have the 

17 meanings given those terms in section 5318A of title 

18 31, United States Code. 

19 (5) FOREIGN FINANCIAL INSTITUTION.—The 

20 term ‘‘foreign financial institution’’ has the meaning 

21 of that term as determined by the Secretary of the 

22 Treasury pursuant to section 104(i) of the Com23 prehensive Iran Sanctions, Accountability, and Di24 vestment Act of 2010 (22 U.S.C. 8513(i)). 

25 (6) IRANIAN FINANCIAL INSTITUTION.—The 

26 term ‘‘Iranian financial institution’’ has the meaning 
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1 given that term in section 104A(d) of the Com2 prehensive Iran Sanctions, Accountability, and Di3 vestment Act of 2010 (22 U.S.C. 8513b(d)). 

4 (7) IRANIAN PERSON.—The term ‘‘Iranian per5 son’’ means— 

6 (A) an individual who is a citizen or na7 tional of Iran; and 

8 (B) an entity organized under the laws of 

9 Iran or otherwise subject to the jurisdiction of 

10 the Government of Iran. 

11 (8) KNOWINGLY.—The term ‘‘knowingly’’, with 

12 respect to conduct, a circumstance, or a result, 

13 means that a person has actual knowledge, or should 

14 have known, of the conduct, the circumstance, or the 

15 result. 

16 (9) MEDICAL DEVICE.—The term ‘‘medical de17 vice’’ has the meaning given the term ‘‘device’’ in 

18 section 201 of the Federal Food, Drug, and Cos19 metic Act (21 U.S.C. 321). 

20 (10) MEDICINE.—The term ‘‘medicine’’ has the 

21 meaning given the term ‘‘drug’’ in section 201 of the 

22 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

23 321). 
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1 (11) SHIPPING.—The term ‘‘shipping’’ refers to 

2 the transportation of goods by a vessel and related 

3 activities. 

4 (12) UNITED STATES PERSON.—The term 

5 ‘‘United States person’’ has the meaning given that 

6 term in section 101 of the Comprehensive Iran 

7 Sanctions, Accountability, and Divestment Act of 

8 2010 (22 U.S.C. 8511). 

9 (13) VESSEL.—The term ‘‘vessel’’ has the 

10 meaning given that term in section 3 of title 1, 

11 United States Code. 

12 (b) DETERMINATIONS OF SIGNIFICANCE.—For pur13 poses of this subtitle, in determining if financial trans14 actions or financial services are significant, the President 

15 may consider the totality of the facts and circumstances, 

16 including factors similar to the factors set forth in section 

17 561.404 of title 31, Code of Federal Regulations (or any 

18 corresponding similar regulation or ruling). 

19 SEC. 1263. DECLARATION OF POLICY ON HUMAN RIGHTS. 

20 (a) FINDING.—Congress finds that the interests of 

21 the United States and international peace are threatened 

22 by the ongoing and destabilizing actions of the Govern23 ment of Iran, including its massive, systematic, and ex24 traordinary violations of the human rights of its own citi25 zens. 
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1 (b) DECLARATION OF POLICY.—It shall be the policy 

2 of the United States— 

3 (1) to deny the Government of Iran the ability 

4 to continue to oppress the people of Iran and to use 

5 violence and executions against pro-democracy 

6 protestors and regime opponents; 

7 (2) to fully and publicly support efforts made 

8 by the people of Iran to promote the establishment 

9 of basic freedoms that build the foundation for the 

10 emergence of a freely elected, open, and democratic 

11 political system; 

12 (3) to help the people of Iran produce, access, 

13 and share information freely and safely via the 

14 Internet and through other media; and 

15 (4) to defeat all attempts by the Government of 

16 Iran to jam or otherwise obstruct international sat17 ellite broadcast signals. 

18 SEC. 1264. IMPOSITION OF SANCTIONS WITH RESPECT TO 

19 THE ENERGY, SHIPPING, AND SHIPBUILDING 

20 SECTORS OF IRAN. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) Iran’s energy, shipping, and shipbuilding 

24 sectors and Iran’s ports are facilitating the Govern-
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1 ment of Iran’s nuclear proliferation activities by pro2 viding revenue to support proliferation activities. 

3 (2) The United Nations Security Council and 

4 the United States Government have expressed con5 cern about the proliferation risks presented by the 

6 Iranian nuclear program. 

7 (3) The Director General of the International 

8 Atomic Energy Agency (in this section referred to as 

9 the ‘‘IAEA’’) has in successive reports (GOV/2012/ 

10 37 and GOV/2011/65) identified possible military di11 mensions of Iran’s nuclear program. 

12 (4) The Government of Iran continues to defy 

13 the requirements and obligations contained in rel14 evant IAEA Board of Governors and United Nations 

15 Security Council resolutions, including by continuing 

16 and expanding uranium enrichment activities in 

17 Iran, as reported in IAEA Report GOV/2012/37. 

18 (5) United Nations Security Council Resolution 

19 1929 (2010) recognizes the ‘‘potential connection be20 tween Iran’s revenues derived from its energy sector 

21 and the funding of Iran’s proliferation sensitive nu22 clear activities’’. 

23 (6) The National Iranian Tanker Company is 

24 the main carrier for the Iranian Revolutionary 

25 Guard Corps-designated National Iranian Oil Com-
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1 pany and a key element in the petroleum supply 

2 chain responsible for generating energy revenues 

3 that support the illicit nuclear proliferation activities 

4 of the Government of Iran. 

5 (b) DESIGNATION OF PORTS AND ENTITIES IN THE

6 ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF

7 IRAN AS ENTITIES OF PROLIFERATION CONCERN.—Enti8 ties that operate ports in Iran and entities in the energy, 

9 shipping, and shipbuilding sectors of Iran, including the 

10 National Iranian Oil Company, the National Iranian 

11 Tanker Company, the Islamic Republic of Iran Shipping 

12 Lines, and their affiliates, play an important role in Iran’s 

13 nuclear proliferation efforts and all such entities are here14 by designated as entities of proliferation concern. 

15 (c) BLOCKING OF PROPERTY OF ENTITIES IN EN16 ERGY, SHIPPING, AND SHIPBUILDING SECTORS.— 

17 (1) IN GENERAL.—On and after the date that 

18 is 90 days after the date of the enactment of this 

19 Act, the President shall block and prohibit all trans20 actions in all property and interests in property of 

21 any person described in paragraph (2) if such prop22 erty and interests in property are in the United 

23 States, come within the United States, or are or 

24 come within the possession or control of a United 

25 States person. 
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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 90 days 

4 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.—Except as provided in this 

17 section, the President shall impose 5 or more of the 

18 sanctions described in section 6(a) of the Iran Sanc19 tions Act of 1996 (Public Law 104–172; 50 U.S.C. 

20 1701 note) with respect to a person if the President 

21 determines that the person knowingly, on or after 

22 the date that is 90 days after the date of the enact23 ment of this Act, sells, supplies, or transfers to or 

24 from Iran significant goods or services described in 

25 paragraph (3). 
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1 (2) FACILITATION OF CERTAIN TRANS2 ACTIONS.—Except as provided in this section, the 

3 President shall prohibit the opening, and prohibit or 

4 impose strict conditions on the maintaining, in the 

5 United States of a correspondent account or a pay6 able-through account by a foreign financial institu7 tion that the President determines knowingly, on or 

8 after the date that is 90 days after the date of the 

9 enactment of this Act, conducts or facilitates a sig10 nificant financial transaction for the sale, supply, or 

11 transfer to or from Iran of goods or services de12 scribed in paragraph (3). 

13 (3) GOODS AND SERVICES DESCRIBED.—Goods 

14 or services described in this paragraph are goods or 

15 services used in connection with the energy, ship16 ping, or shipbuilding sectors of Iran, including the 

17 National Iranian Oil Company, the National Iranian 

18 Tanker Company, and the Islamic Republic of Iran 

19 Shipping Lines. 

20 (4) APPLICATION OF CERTAIN PROVISIONS OF

21 IRAN SANCTIONS ACT OF 1996.—The following provi22 sions of the Iran Sanctions Act of 1996 (Public Law 

23 104–172; 50 U.S.C. 1701 note) shall apply with re24 spect to the imposition of sanctions under paragraph 

25 (1) to the same extent that such provisions apply 
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1 with respect to the imposition of sanctions under 

2 section 5(a) of that Act: 

3 (A) Subsections (c), (d), and (f) of section 

4 5 (except for paragraphs (3) and (4)(C) of such 

5 subsection (f)). 

6 (B) Sections 8, 11, and 12. 

7 (e) HUMANITARIAN EXCEPTION.—The President 

8 may not impose sanctions under this section with respect 

9 to any person for conducting or facilitating a transaction 

10 for the sale of agricultural commodities, food, medicine, 

11 or medical devices to Iran or for the provision of humani12 tarian assistance to the people of Iran. 

13 (f) APPLICABILITY OF SANCTIONS TO PETROLEUM

14 AND PETROLEUM PRODUCTS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), this section shall apply with respect to 

17 the purchase of petroleum or petroleum products 

18 from Iran only if, at the time of the purchase, a de19 termination of the President under section 

20 1245(d)(4)(B) of the National Defense Authoriza21 tion Act for Fiscal Year 2012 (22 U.S.C. 

22 8513a(d)(4)(B)) that the price and supply of petro23 leum and petroleum products produced in countries 

24 other than Iran is sufficient to permit purchasers of 

25 petroleum and petroleum products from Iran to re-
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1 duce significantly their purchases from Iran is in ef2 fect. 

3 (2) EXCEPTION FOR CERTAIN COUNTRIES.— 

4 (A) EXPORTATION.—This section shall not 

5 apply with respect to the exportation of petro6 leum or petroleum products from Iran to a 

7 country to which the exception under section 

8 1245(d)(4)(D)(i) of the National Defense Au9 thorization Act for Fiscal Year 2012 (22 U.S.C. 

10 8513a(d)(4)(D)(i)) applies at the time of the 

11 exportation of the petroleum or petroleum prod12 ucts. 

13 (B) FINANCIAL TRANSACTIONS.— 

14 (i) IN GENERAL.—This section shall 

15 not apply with respect to a financial trans16 action described in clause (ii) conducted or 

17 facilitated by a foreign financial institution 

18 if, at the time of the transaction, the ex19 ception under section 1245(d)(4)(D)(i) of 

20 the National Defense Authorization Act for 

21 Fiscal Year 2012 (22 U.S.C. 

22 8513a(d)(4)(D)(i)) applies to the country 

23 with primary jurisdiction over the foreign 

24 financial institution. 
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1 (ii) FINANCIAL TRANSACTIONS DE2 SCRIBED.—A financial transaction con3 ducted or facilitated by a foreign financial 

4 institution is described in this clause if— 

5 (I) the financial transaction is for 

6 the purchase of purchase of petroleum 

7 or petroleum products from Iran; 

8 (II) the financial transaction is 

9 only for trade in goods or services— 

10 (aa) not otherwise subject to 

11 sanctions under the law of the 

12 United States; and 

13 (bb) between the country 

14 with primary jurisdiction over the 

15 foreign financial institution and 

16 Iran; and 

17 (III) any funds owed to Iran as 

18 a result of such trade are credited to 

19 an account located in the country with 

20 primary jurisdiction over the foreign 

21 financial institution. 

22 (g) APPLICABILITY OF SANCTIONS TO NATURAL

23 GAS.— 

24 (1) SALE, SUPPLY, OR TRANSFER.—Except as 

25 provided in paragraph (2), this section shall not 
787 

†S 3254 ES

1 apply to the sale, supply, or transfer to or from Iran 

2 of natural gas. 

3 (2) FINANCIAL TRANSACTIONS.—This section 

4 shall apply to a foreign financial institution that 

5 conducts or facilitates a financial transaction for the 

6 sale, supply, or transfer to or from Iran of natural 

7 gas unless— 

8 (A) the financial transaction is only for 

9 trade in goods or services— 

10 (i) not otherwise subject to sanctions 

11 under the law of the United States; and 

12 (ii) between the country with primary 

13 jurisdiction over the foreign financial insti14 tution and Iran; and 

15 (B) any funds owed to Iran as a result of 

16 such trade are credited to an account located in 

17 the country with primary jurisdiction over the 

18 foreign financial institution. 

19 (h) WAIVER.— 

20 (1) IN GENERAL.—The President may waive 

21 the imposition of sanctions under this section for a 

22 period of not more than 120 days, and may renew 

23 that waiver for additional periods of not more than 

24 120 days, if the President— 
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1 (A) determines that such a waiver is vital 

2 to the national security of the United States; 

3 and 

4 (B) submits to the appropriate congres5 sional committees a report providing a justifica6 tion for the waiver. 

7 (2) FORM OF REPORT.—Each report submitted 

8 under paragraph (1)(B) shall be submitted in un9 classified form, but may include a classified annex. 

10 SEC. 1265. IMPOSITION OF SANCTIONS WITH RESPECT TO 

11 THE SALE, SUPPLY, OR TRANSFER OF CER12 TAIN MATERIALS TO OR FROM IRAN. 

13 (a) SALE, SUPPLY, OR TRANSFER OF CERTAIN MA14 TERIALS.—The President shall impose 5 or more of the 

15 sanctions described in section 6(a) of the Iran Sanctions 

16 Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) 

17 with respect to a person if the President determines that 

18 the person knowingly, on or after the date that is 90 days 

19 after the date of the enactment of this Act, sells, supplies, 

20 or transfers, directly or indirectly, to or from Iran— 

21 (1) a precious metal; 

22 (2) a material described in subsection (c) deter23 mined pursuant to subsection (d)(1) to be used by 

24 Iran as described in that subsection; 
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1 (3) any other material described in subsection 

2 (c) if— 

3 (A) the material is— 

4 (i) to be used in connection with the 

5 energy, shipping, or shipbuilding sectors of 

6 Iran or any sector of the economy of Iran 

7 controlled directly or indirectly by Iran’s 

8 Revolutionary Guard Corps; 

9 (ii) sold, supplied, or transferred to or 

10 from an Iranian person included on the list 

11 of specially designated nationals and 

12 blocked persons maintained by the Office 

13 of Foreign Assets Control of the Depart14 ment of the Treasury; or 

15 (iii) relevant to the nuclear, military, 

16 or ballistic missile programs of Iran; or 

17 (B) the material is resold, retransferred, or 

18 otherwise supplied— 

19 (i) to an end-user in a sector de20 scribed in clause (i) of subparagraph (A); 

21 (ii) to a person described in clause (ii) 

22 of that subparagraph; or 

23 (iii) for a program described in clause 

24 (iii) of that subparagraph. 
790 

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1 (b) FACILITATION OF CERTAIN TRANSACTIONS.— 

2 The President shall prohibit the opening, and prohibit or 

3 impose strict conditions on the maintaining, in the United 

4 States of a correspondent account or a payable-through 

5 account by a foreign financial institution that the Presi6 dent determines knowingly, on or after the date that is 

7 90 days after the date of the enactment of this Act, con8 ducts or facilitates a significant financial transaction for 

9 the sale, supply, or transfer to or from Iran of materials 

10 the sale, supply, or transfer of which would subject a per11 son to sanctions under subsection (a). 

12 (c) MATERIALS DESCRIBED.—Materials described in 

13 this subsection are graphite, raw or semi-finished metals 

14 such as aluminum and steel, coal, and software for inte15 grating industrial processes. 

16 (d) DETERMINATION WITH RESPECT TO USE OF MA17 TERIALS.—Not later than 90 days after the date of the 

18 enactment of this Act, and every 90 days thereafter, the 

19 President shall submit to the appropriate congressional 

20 committees and publish in the Federal Register a report 

21 that contains the determination of the President with re22 spect to— 

23 (1) whether Iran is— 
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1 (A) using any of the materials described in 

2 subsection (c) as a medium for barter, swap, or 

3 any other exchange or transaction; or 

4 (B) listing any of such materials as assets 

5 of the Government of Iran for purposes of the 

6 national balance sheet of Iran; 

7 (2) which sectors of the economy of Iran are 

8 controlled directly or indirectly by Iran’s Revolu9 tionary Guard Corps; and 

10 (3) which of the materials described in sub11 section (c) are relevant to the nuclear, military, or 

12 ballistic missile programs of Iran. 

13 (e) EXCEPTION FOR PERSONS EXERCISING DUE

14 DILIGENCE.—The President may not impose sanctions 

15 under subsection (a) or (b) with respect to a person if 

16 the President determines that the person has exercised 

17 due diligence in establishing and enforcing official policies, 

18 procedures, and controls to ensure that the person does 

19 not sell, supply, or transfer to or from Iran materials the 

20 sale, supply, or transfer of which would subject a person 

21 to sanctions under subsection (a) or conduct or facilitate 

22 a financial transaction for such a sale, supply, or transfer. 

23 (f) WAIVER.— 

24 (1) IN GENERAL.—The President may waive 

25 the imposition of sanctions under this section for a 
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†S 3254 ES

1 period of not more than 120 days, and may renew 

2 that waiver for additional periods of not more than 

3 120 days, if the President— 

4 (A) determines that such a waiver is vital 

5 to the national security of the United States; 

6 and 

7 (B) submits to the appropriate congres8 sional committees a report providing a justifica9 tion for the waiver. 

10 (2) FORM OF REPORT.—Each report submitted 

11 under paragraph (1)(B) shall be submitted in un12 classified form, but may include a classified annex. 

13 (g) NATIONAL BALANCE SHEET OF IRAN DE14 FINED.—For purposes of this section, the term ‘‘national 

15 balance sheet of Iran’’ refers to the ratio of the assets 

16 of the Government of Iran to the liabilities of that Govern17 ment. 

18 SEC. 1266. IMPOSITION OF SANCTIONS WITH RESPECT TO 

19 THE PROVISION OF UNDERWRITING SERV20 ICES OR INSURANCE OR REINSURANCE FOR 

21 ACTIVITIES OR PERSONS WITH RESPECT TO 

22 WHICH SANCTIONS HAVE BEEN IMPOSED. 

23 (a) IN GENERAL.—Except as provided in subsection 

24 (b), the President shall impose 5 or more of the sanctions 

25 described in section 6(a) of the Iran Sanctions Act of 1996 
793 

†S 3254 ES

1 (Public Law 104–172; 50 U.S.C. 1701 note) with respect 

2 to a person if the President determines that the person 

3 knowingly, on or after the date that is 90 days after the 

4 date of the enactment of this Act, provides underwriting 

5 services or insurance or reinsurance— 

6 (1) for any activity with respect to Iran for 

7 which sanctions have been imposed under this sub8 title, the International Emergency Economic Powers 

9 Act (50 U.S.C. 1701 et seq.), the Iran Sanctions Act 

10 of 1996, the Comprehensive Iran Sanctions, Ac11 countability, and Divestment Act of 2010 (22 U.S.C. 

12 8501 et seq.), the Iran Threat Reduction and Syria 

13 Human Rights Act of 2012 (22 U.S.C. 8701 et 

14 seq.), the Iran, North Korea, and Syria Non15 proliferation Act (Public Law 106–178; 50 U.S.C. 

16 1701 note), or any other provision of law relating to 

17 the imposition of sanctions with respect to Iran; 

18 (2) to or for any person— 

19 (A) with respect to, or for the benefit of 

20 any activity in the energy, shipping, or ship21 building sectors of Iran for which sanctions are 

22 imposed under this subtitle; 

23 (B) for the sale, supply, or transfer to or 

24 from Iran of materials described in section 

25 1255(c); or 
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1 (C) designated for the imposition of sanc2 tions pursuant to the International Emergency 

3 Economic Powers Act (50 U.S.C. 1701 et seq.) 

4 in connection with— 

5 (i) Iran’s proliferation of weapons of 

6 mass destruction or delivery systems for 

7 weapons of mass destruction; or 

8 (ii) Iran’s support for international 

9 terrorism; or 

10 (3) to or for any Iranian person included on the 

11 list of specially designated nationals and blocked 

12 persons maintained by the Office of Foreign Assets 

13 Control of the Department of the Treasury (other 

14 than an Iranian financial institution described in 

15 subsection (b)). 

16 (b) IRANIAN FINANCIAL INSTITUTIONS DE17 SCRIBED.—An Iranian financial institution described in 

18 this subsection is an Iranian financial institution that has 

19 not been designated for the imposition of sanctions in con20 nection with— 

21 (1) Iran’s proliferation of weapons of mass de22 struction or delivery systems for weapons of mass 

23 destruction; 

24 (2) Iran’s support for international terrorism; 

25 or 
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1 (3) Iran’s abuses of human rights. 

2 (c) HUMANITARIAN EXCEPTION.—The President 

3 may not impose sanctions under subsection (a) for the 

4 provision of underwriting services or insurance or reinsur5 ance for a transaction for the sale of agricultural commod6 ities, food, medicine, or medical devices to Iran or for the 

7 provision of humanitarian assistance to the people of Iran. 

8 (d) EXCEPTION FOR UNDERWRITERS AND INSUR9 ANCE PROVIDERS EXERCISING DUE DILIGENCE.—The 

10 President may not impose sanctions under paragraph (1) 

11 or (3) or subparagraph (A) or (B) of paragraph (2) of 

12 subsection (a) with respect to a person that provides un13 derwriting services or insurance or reinsurance if the 

14 President determines that the person has exercised due 

15 diligence in establishing and enforcing official policies, 

16 procedures, and controls to ensure that the person does 

17 not underwrite or enter into a contract to provide insur18 ance or reinsurance for an activity described in paragraph 

19 (1) of that subsection or to or for any person described 

20 in paragraph (3) or subparagraph (A) or (B) of paragraph 

21 (2) of that subsection. 

22 (e) WAIVER.— 

23 (1) IN GENERAL.—The President may waive 

24 the imposition of sanctions under subsection (a) for 

25 a period of not more than 120 days, and may renew 
796 

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1 that waiver for additional periods of not more than 

2 120 days, if the President— 

3 (A) determines that such a waiver is vital 

4 to the national security of the United States; 

5 and 

6 (B) submits to the appropriate congres7 sional committees a report providing a justifica8 tion for the waiver. 

9 (2) FORM OF REPORT.—Each report submitted 

10 under paragraph (1)(B) shall be submitted in un11 classified form, but may include a classified annex. 

12 (f) APPLICATION OF CERTAIN PROVISIONS OF IRAN

13 SANCTIONS ACT OF 1996.—The following provisions of 

14 the Iran Sanctions Act of 1996 (Public Law 104–172; 50 

15 U.S.C. 1701 note) shall apply with respect to the imposi16 tion of sanctions under subsection (a) to the same extent 

17 that such provisions apply with respect to the imposition 

18 of sanctions under section 5(a) of that Act: 

19 (1) Subsections (c), (d), and (f) of section 5 

20 (except for paragraphs (3) and (4)(C) of such sub21 section (f)). 

22 (2) Sections 8, 11, and 12. 
797 

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1 SEC. 1267. IMPOSITION OF SANCTIONS WITH RESPECT TO 

2 FOREIGN FINANCIAL INSTITUTIONS THAT FA3 CILITATE FINANCIAL TRANSACTIONS ON BE4 HALF OF SPECIALLY DESIGNATED NATION5 ALS. 

6 (a) IN GENERAL.—Except as provided in this section, 

7 the President shall prohibit the opening, and prohibit or 

8 impose strict conditions on the maintaining, in the United 

9 States of a correspondent account or a payable-through 

10 account by a foreign financial institution that the Presi11 dent determines has, on or after the date that is 90 days 

12 after the date of the enactment of this Act, knowingly fa13 cilitated a significant financial transaction on behalf of 

14 any Iranian person included on the list of specially des15 ignated nationals and blocked persons maintained by the 

16 Office of Foreign Assets Control of the Department of the 

17 Treasury (other than an Iranian financial institution de18 scribed in subsection (b)). 

19 (b) IRANIAN FINANCIAL INSTITUTIONS DE20 SCRIBED.—An Iranian financial institution described in 

21 this subsection is an Iranian financial institution that has 

22 not been designated for the imposition of sanctions in con23 nection with— 

24 (1) Iran’s proliferation of weapons of mass de25 struction or delivery systems for weapons of mass 

26 destruction; 
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1 (2) Iran’s support for international terrorism; 

2 or 

3 (3) Iran’s abuses of human rights. 

4 (c) HUMANITARIAN EXCEPTION.—The President 

5 may not impose sanctions under subsection (a) with re6 spect to any person for conducting or facilitating a trans7 action for the sale of agricultural commodities, food, medi8 cine, or medical devices to Iran or for the provision of hu9 manitarian assistance to the people of Iran. 

10 (d) APPLICABILITY OF SANCTIONS TO PETROLEUM

11 AND PETROLEUM PRODUCTS.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), subsection (a) shall apply with respect to 

14 a financial transaction for the purchase of petroleum 

15 or petroleum products from Iran only if, at the time 

16 of the transaction, a determination of the President 

17 under section 1245(d)(4)(B) of the National Defense 

18 Authorization Act for Fiscal Year 2012 (22 U.S.C. 

19 8513a(d)(4)(B)) that the price and supply of petro20 leum and petroleum products produced in countries 

21 other than Iran is sufficient to permit purchasers of 

22 petroleum and petroleum products from Iran to re23 duce significantly their purchases from Iran is in ef24 fect. 

25 (2) EXCEPTION FOR CERTAIN COUNTRIES.— 
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1 (A) IN GENERAL.—Subsection (a) shall not 

2 apply with respect to a financial transaction de3 scribed in subparagraph (B) conducted or facili4 tated by a foreign financial institution for if, at 

5 the time of the transaction, the exception under 

6 section 1245(d)(4)(D)(i) of the National De7 fense Authorization Act for Fiscal Year 2012 

8 (22 U.S.C. 8513a(d)(4)(D)(i)) applies to the 

9 country with primary jurisdiction over the for10 eign financial institution. 

11 (B) FINANCIAL TRANSACTIONS DE12 SCRIBED.—A financial transaction conducted or 

13 facilitated by a foreign financial institution is 

14 described in this subparagraph if— 

15 (i) the financial transaction is for the 

16 purchase of purchase of petroleum or pe17 troleum products from Iran; 

18 (ii) the financial transaction is only 

19 for trade in goods or services— 

20 (I) not otherwise subject to sanc21 tions under the law of the United 

22 States; and 

23 (II) between the country with 

24 primary jurisdiction over the foreign 

25 financial institution and Iran; and 
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1 (iii) any funds owed to Iran as a re2 sult of such trade are credited to an ac3 count located in the country with primary 

4 jurisdiction over the foreign financial insti5 tution. 

6 (e) APPLICABILITY OF SANCTIONS TO NATURAL

7 GAS.—Subsection (a) shall apply to a foreign financial in8 stitution that conducts or facilitates a financial trans9 action for the sale, supply, or transfer to or from Iran 

10 of natural gas unless— 

11 (1) the financial transaction is only for trade in 

12 goods or services— 

13 (A) not otherwise subject to sanctions 

14 under the law of the United States; and 

15 (B) between the country with primary ju16 risdiction over the foreign financial institution 

17 and Iran; and 

18 (2) any funds owed to Iran as a result of such 

19 trade are credited to an account located in the coun20 try with primary jurisdiction over the foreign finan21 cial institution. 

22 (f) WAIVER.— 

23 (1) IN GENERAL.—The President may waive 

24 the imposition of sanctions under subsection (a) for 

25 a period of not more than 120 days, and may renew 
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1 that waiver for additional periods of not more than 

2 120 days, if the President— 

3 (A) determines that such a waiver is vital 

4 to the national security of the United States; 

5 and 

6 (B) submits to the appropriate congres7 sional committees a report providing a justifica8 tion for the waiver. 

9 (2) FORM OF REPORT.—Each report submitted 

10 under paragraph (1)(B) shall be submitted in un11 classified form, but may include a classified annex. 

12 SEC. 1268. INCLUSION OF THE ISLAMIC REPUBLIC OF IRAN 

13 BROADCASTING ON THE LIST OF HUMAN 

14 RIGHTS ABUSERS. 

15 (a) FINDINGS.—Congress makes the following find16 ings: 

17 (1) The Islamic Republic of Iran Broadcasting 

18 has contributed to the infringement of individuals’ 

19 human rights by broadcasting forced televised con20 fession and show trials. 

21 (2) In March 2012, the European Council im22 posed sanctions on the President of the Islamic Re23 public of Iran Broadcasting, Ezzatollah Zargami, for 

24 broadcasting forced confessions of detainees and a 

25 series of ‘‘show trials’’ in August 2009 and Decem-
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1 ber 2011 that constituted a clear violation of inter2 national law with respect to the right to a fair trial 

3 and due process. 

4 (b) INCLUSION OF THE ISLAMIC REPUBLIC OF IRAN

5 BROADCASTING ON THE LIST OF HUMAN RIGHTS ABUS6 ERS.—The President shall include the Islamic Republic of 

7 Iran Broadcasting and the President of the Islamic Re8 public of Iran Broadcasting, Ezzatollah Zargami, in the 

9 first update to the list of persons complicit in, or respon10 sible for ordering, controlling, or otherwise directing, the 

11 commission of serious human rights abuses against citi12 zens of Iran or their family members submitted under sec13 tion 105 of the Comprehensive Iran Sanctions, Account14 ability, and Divestment Act of 2010 (22 U.S.C. 8514) 

15 after the date of the enactment of this Act. 

16 SEC. 1269. 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: 
803 

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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) IN GENERAL.—The President shall impose sanc5 tions described in section 105(c) with respect to each per6 son on the list required by subsection (b). 

7 ‘‘(b) LIST OF PERSONS WHO ENGAGE IN DIVER8 SION.— 

9 ‘‘(1) IN GENERAL.—As relevant information be10 comes available, the President shall submit to the 

11 appropriate congressional committees a list of per12 sons that the President determines have, on or after 

13 such date of enactment, engaged in corruption or 

14 other activities relating to— 

15 ‘‘(A) the diversion of goods, including agri16 cultural commodities, food, medicine, and med17 ical devices, intended for the people of Iran; or 

18 ‘‘(B) the misappropriation of proceeds 

19 from the sale or resale of such goods. 

20 ‘‘(2) FORM OF REPORT; PUBLIC AVAIL21 ABILITY.— 

22 ‘‘(A) FORM.—The list required by para23 graph (1) shall be submitted in unclassified 

24 form but may contain a classified annex. 

25 ‘‘(B) PUBLIC AVAILABILITY.—The unclas26 sified portion of the list required by paragraph 
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†S 3254 ES

1 (1) shall be made available to the public and 

2 posted on the websites of the Department of the 

3 Treasury and the Department of State.’’. 

4 (b) WAIVER.—Section 401(b)(1) of the Comprehen5 sive Iran Sanctions, Accountability, and Divestment Act 

6 of 2010 (22 U.S.C. 8551(b)(1)) is amended— 

7 (1) by striking ‘‘or 105B(a)’’ and inserting 

8 ‘‘105B(a), or 105C(a)’’; and 

9 (2) by striking ‘‘or 105B(b)’’ and inserting 

10 ‘‘105B(b), or 105C(b)’’. 

11 (c) CLERICAL AMENDMENT.—The table of contents 

12 for the Comprehensive Iran Sanctions, Accountability, and 

13 Divestment Act of 2010 is amended by inserting after the 

14 item relating to section 105B the following: 

‘‘Sec. 105C. Imposition of sanctions with respect to persons engaged in the diversion of goods intended for the people of Iran.’’. 

15 SEC. 1270. WAIVER REQUIREMENT RELATED TO EXCEP16 TIONAL CIRCUMSTANCES PREVENTING SIG17 NIFICANT REDUCTIONS IN CRUDE OIL PUR18 CHASES. 

19 Section 1245(d)(5)(B) of the National Defense Au20 thorization Act for Fiscal Year 2012 (22 U.S.C. 

21 8513a(d)(5)(B)) is amended— 

22 (1) in clause (i), by striking ‘‘; and’’ and insert23 ing a semicolon; 
805 

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1 (2) by redesignating clause (ii) as clause (iii); 

2 and 

3 (3) by inserting after clause (i) the following 

4 new clause: 

5 ‘‘(ii) certifying that the country with 

6 primary jurisdiction over the foreign finan7 cial institution otherwise subject to the 

8 sanctions faced exceptional circumstances 

9 that prevented the country from being able 

10 to significantly reduce its volume of crude 

11 oil purchases; and’’. 

12 SEC. 1271. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS 

13 REGARDING TERRORIST ACTS. 

14 (a) IN GENERAL.—Section 2335 of title 18, United 

15 States Code, is amended— 

16 (1) in subsection (a), by striking ‘‘4 years’’ and 

17 inserting ‘‘10 years’’; and 

18 (2) in subsection (b), by striking ‘‘4-year pe19 riod’’ and inserting ‘‘10-year period’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to— 

22 (1) proceedings under section 2333 of title 18, 

23 United States Code, pending in any form on the 

24 date of the enactment of this Act; 
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1 (2) proceedings under such section commenced 

2 on or after the date of the enactment of this Act; 

3 and 

4 (3) any civil action brought for recovery of 

5 damages under such section resulting from acts of 

6 international terrorism that occurred more than 10 

7 years before the date of the enactment of this Act, 

8 provided that the action is filed not later than 6 

9 years after the date of the enactment of this Act. 

10 SEC. 1272. REPORT ON USE OF CERTAIN IRANIAN SEA11 PORTS BY FOREIGN VESSELS AND USE OF 

12 FOREIGN AIRPORTS BY SANCTIONED IRA13 NIAN AIR CARRIERS. 

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

15 date of the enactment of this Act, and annually thereafter, 

16 the President shall submit to the appropriate congres17 sional committees a report that contains— 

18 (1) a list of vessels that have entered seaports 

19 in Iran controlled by the Tidewater Middle East 

20 Company during the period specified in subsection 

21 (b) and the owners and operators of those vessels; 

22 and 

23 (2) a list of all airports at which aircraft owned 

24 or controlled by an Iranian air carrier on which 

25 sanctions have been imposed by the United States 
807 

†S 3254 ES

1 have landed during the period specified in subsection 

2 (b). 

3 (b) PERIOD SPECIFIED.—The period specified in this 

4 subsection is— 

5 (1) in the case of the first report submitted 

6 under subsection (a), the 180-day period preceding 

7 the submission of the report; and 

8 (2) in the case of any subsequent report sub9 mitted under that subsection, the year preceding the 

10 submission of the report. 

11 (c) FORM OF REPORT.—Each report required by sub12 section (a) shall be submitted in unclassified form, but 

13 may include a classified annex. 

14 SEC. 1273. IMPLEMENTATION; PENALTIES. 

15 (a) IMPLEMENTATION.—The President may exercise 

16 all authorities provided under sections 203 and 205 of the 

17 International Emergency Economic Powers Act (50 

18 U.S.C. 1702 and 1704) to carry out this subtitle. 

19 (b) PENALTIES.—The penalties provided for in sub20 sections (b) and (c) of section 206 of the International 

21 Emergency Economic Powers Act (50 U.S. C. 1705) shall 

22 apply to a person that violates, attempts to violate, con23 spires to violate, or causes a violation of this subtitle or 

24 regulations prescribed under this subtitle to the same ex-
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1 tent that such penalties apply to a person that commits 

2 an unlawful act described in section 206(a) of that Act. 

3 SEC. 1274. APPLICABILITY TO CERTAIN NATURAL GAS 

4 PROJECTS. 

5 Nothing in this subtitle or the amendments made by 

6 this subtitle shall apply with respect to any activity relat7 ing to a project described in subsection (a) of section 603 

8 of the Iran Threat Reduction and Syria Human Rights 

9 Act of 2012 (22 U.S.C. 8783) to which the exception 

10 under that section applies at the time of the activity. 

11 SEC. 1275. RULE OF CONSTRUCTION. 

12 Nothing in this subtitle or the amendments made by 

13 this subtitle shall be construed to limit sanctions imposed 

14 with respect to Iran under any other provision of law or 

15 to limit the authority of the President to impose additional 

16 sanctions with respect to Iran. 

17 TITLE XIII—COOPERATIVE 

18 THREAT REDUCTION 

19 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE20 DUCTION PROGRAMS AND FUNDS. 

21 (a) SPECIFICATION OF COOPERATIVE THREAT RE22 DUCTION PROGRAMS.—For purposes of section 301 and 

23 other provisions of this Act, Cooperative Threat Reduction 

24 programs are the programs specified in section 1501 of 
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1 the National Defense Authorization Act for Fiscal Year 

2 1997 (50 U.S.C. 2632 note). 

3 (b) FISCAL YEAR 2013 COOPERATIVE THREAT RE4 DUCTION FUNDS DEFINED.—As used in this title, the 

5 term ‘‘fiscal year 2013 Cooperative Threat Reduction 

6 funds’’ means the funds appropriated pursuant to the au7 thorization of appropriations in section 301 and made 

8 available by the funding table in section 4301 for Coopera9 tive Threat Reduction programs. 

10 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

11 pursuant to the authorization of appropriations in section 

12 301 and made available by the funding table in section 

13 4301 for Cooperative Threat Reduction programs shall be 

14 available for obligation for fiscal years 2013, 2014, and 

15 2015. 

16 SEC. 1302. FUNDING ALLOCATIONS. 

17 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

18 $519,100,000 authorized to be appropriated to the De19 partment of Defense for fiscal year 2013 in section 301 

20 and made available by the funding table in section 4301 

21 for Cooperative Threat Reduction programs, the following 

22 amounts may be obligated for the purposes specified: 

23 (1) For strategic offensive arms elimination, 

24 $68,300,000. 
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1 (2) For chemical weapons destruction, 

2 $14,600,000. 

3 (3) For global nuclear security, $99,800,000. 

4 (4) For cooperative biological engagement, 

5 $276,400,000. 

6 (5) For proliferation prevention, $32,400,000. 

7 (6) For threat reduction engagement, 

8 $2,400,000. 

9 (7) For other assessments/administrative sup10 port, $25,200,000. 

11 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

12 FUNDS FOR OTHER PURPOSES.—No fiscal year 2013 Co13 operative Threat Reduction funds may be obligated or ex14 pended for a purpose other than a purpose listed in para15 graphs (1) through (7) of subsection (a) until 15 days 

16 after the date that the Secretary of Defense submits to 

17 Congress a report on the purpose for which the funds will 

18 be obligated or expended and the amount of funds to be 

19 obligated or expended. Nothing in the preceding sentence 

20 shall be construed as authorizing the obligation or expend21 iture of fiscal year 2013 Cooperative Threat Reduction 

22 funds for a purpose for which the obligation or expendi23 ture of such funds is specifically prohibited under this title 

24 or any other provision of law. 
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1 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

2 AMOUNTS.— 

3 (1) IN GENERAL.—Subject to paragraph (2), in 

4 any case in which the Secretary of Defense deter5 mines that it is necessary to do so in the national 

6 interest, the Secretary may obligate amounts appro7 priated for fiscal year 2013 for a purpose listed in 

8 paragraphs (1) through (7) of subsection (a) in ex9 cess of the specific amount authorized for that pur10 pose. 

11 (2) NOTICE-AND-WAIT REQUIRED.—An obliga12 tion of funds for a purpose stated in paragraphs (1) 

13 through (7) of subsection (a) in excess of the specific 

14 amount authorized for such purpose may be made 

15 using the authority provided in paragraph (1) only 

16 after— 

17 (A) the Secretary submits to Congress no18 tification of the intent to do so together with a 

19 complete discussion of the justification for 

20 doing so; and 

21 (B) 15 days have elapsed following the 

22 date of the notification. 
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1 TITLE XIV—OTHER 

2 AUTHORIZATIONS 

3 Subtitle A—Military Programs 

4 SEC. 1401. WORKING CAPITAL FUNDS. 

5 Funds are hereby authorized to be appropriated for 

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

7 activities and agencies of the Department of Defense for 

8 providing capital for working capital and revolving funds, 

9 as specified in the funding table in section 4501. 

10 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2013 for the National Defense Sealift Fund, 

13 as specified in the funding table in section 4501. 

14 SEC. 1403. DEFENSE HEALTH PROGRAM. 

15 Funds are hereby authorized to be appropriated for 

16 the Department of Defense for fiscal year 2013 for ex17 penses, not otherwise provided for, for the Defense Health 

18 Program, as specified in the funding table in section 4501. 

19 SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC20 TION, DEFENSE. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

22 are hereby authorized to be appropriated for the Depart23 ment of Defense for fiscal year 2013 for expenses, not oth24 erwise provided for, for Chemical Agents and Munitions 
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1 Destruction, Defense, as specified in the funding table in 

2 section 4501. 

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

4 under subsection (a) are authorized for— 

5 (1) the destruction of lethal chemical agents 

6 and munitions in accordance with section 1412 of 

7 the Department of Defense Authorization Act, 1986 

8 (50 U.S.C. 1521); and 

9 (2) the destruction of chemical warfare materiel 

10 of the United States that is not covered by section 

11 1412 of such Act. 

12 SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG AC13 TIVITIES, DEFENSE-WIDE. 

14 Funds are hereby authorized to be appropriated for 

15 the Department of Defense for fiscal year 2013 for ex16 penses, not otherwise provided for, for Drug Interdiction 

17 and Counter-Drug Activities, Defense-wide, as specified in 

18 the funding table in section 4501. 

19 SEC. 1406. DEFENSE INSPECTOR GENERAL. 

20 Funds are hereby authorized to be appropriated for 

21 the Department of Defense for fiscal year 2013 for ex22 penses, not otherwise provided for, for the Office of the 

23 Inspector General of the Department of Defense, as speci24 fied in the funding table in section 4501. 
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1 Subtitle B—National Defense 

2 Stockpile 

3 SEC. 1411. RELEASE OF MATERIALS NEEDED FOR NA4 TIONAL DEFENSE PURPOSES FROM THE 

5 STRATEGIC AND CRITICAL MATERIALS 

6 STOCKPILE. 

7 (a) AUTHORITY FOR PRESIDENT TO DELEGATE SPE8 CIAL DISPOSAL AUTHORITY OF PRESIDENT FOR RELEASE

9 FOR NATIONAL DEFENSE PURPOSES.—Section 7(a) of 

10 the Strategic and Critical Materials Stock Piling Act (50 

11 U.S.C. 98f(a)) is amended— 

12 (1) in paragraph (1), by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph (2), by striking the period at 

15 the end and inserting ‘‘; and’’; and 

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

17 paragraph: 

18 ‘‘(3) on the order of the Under Secretary of De19 fense for Acquisition, Technology, and Logistics, if 

20 the President has designated the Under Secretary to 

21 have authority to issue release orders under this 

22 subsection and, in the case of any such order, if the 

23 Under Secretary determines that the release of such 

24 materials is required for use, manufacture, or pro25 duction for purposes of national defense.’’. 
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1 (b) EXCLUSION FROM DELEGATION LIMITATION.— 

2 Section 16 of such Act (50 U.S.C. 98h–7) is amended by 

3 striking ‘‘sections 7 and 13’’ each place it appears and 

4 inserting ‘‘sections 7(a)(1) and 13’’. 

5 Subtitle C—Chemical 

6 Demilitarization Matters 

7 SEC. 1421. SUPPLEMENTAL CHEMICAL AGENT AND MUNI8 TIONS DESTRUCTION TECHNOLOGIES AT 

9 PUEBLO CHEMICAL DEPOT, COLORADO, AND 

10 BLUE GRASS ARMY DEPOT, KENTUCKY. 

11 (a) SUPPLEMENTAL DESTRUCTION TECH12 NOLOGIES.—Section 1412 of the Department of Defense 

13 Authorization Act, 1986 (50 U.S.C. 1521) is amended— 

14 (1) by redesignating subsection (o) as sub15 section (p); and 

16 (2) by inserting after subsection (n) the fol17 lowing new subsection (o): 

18 ‘‘(o) SUPPLEMENTAL DESTRUCTION TECH19 NOLOGIES.—In determining the technologies to supple20 ment the neutralization destruction of the stockpile of le21 thal chemical agents and munitions at Pueblo Chemical 

22 Depot, Colorado, and Blue Grass Army Depot, Kentucky, 

23 the Secretary of Defense may consider the following: 

24 ‘‘(1) Explosive Destruction Technologies. 
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1 ‘‘(2) Any technologies developed for treatment 

2 and disposal of agent or energetic hydrolysates, if 

3 problems with the current on-site treatment of hy4 drolysates are encountered.’’. 

5 (b) REPEAL OF SUPERSEDED PROVISION.—Section 

6 151 of the Floyd D. Spence National Defense Authoriza7 tion Act for Fiscal Year 2001 (as enacted into law by Pub8 lic Law 106–398; 114 Stat. 1645A–30) is repealed. 

9 Subtitle D—Other Matters 

10 SEC. 1431. AUTHORIZATION OF APPROPRIATIONS FOR 

11 ARMED FORCES RETIREMENT HOME. 

12 There is hereby authorized to be appropriated for fis13 cal year 2013 from the Armed Forces Retirement Home 

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

15 the Armed Forces Retirement Home. 

16 SEC. 1432. ADDITIONAL WEAPONS OF MASS DESTRUCTION 

17 CIVIL SUPPORT TEAMS. 

18 (a) IN GENERAL.—Section 1403 of the Bob Stump 

19 National Defense Authorization Act for Fiscal Year 2003 

20 (Public Law 107–314; 116 Stat. 2676; 10 U.S.C. 12310 

21 note) is amended— 

22 (1) by striking subsection (b); 

23 (2) by redesignating subsection (c) as sub24 section (d); and 
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1 (3) by inserting after subsection (a) the fol2 lowing new subsections (b) and (c): 

3 ‘‘(b) ESTABLISHMENT OF FURTHER ADDITIONAL

4 TEAMS.—The Secretary of Defense is authorized to have 

5 established two additional teams designated as Weapons 

6 of Mass Destruction Civil Support teams, beyond the 55 

7 teams required in subsection (a), if— 

8 ‘‘(1) the Secretary of Defense has made the cer9 tification provided for in section 12310(c)(5) of title 

10 10, United States Code, with respect to each of such 

11 additional teams before December 31, 2011; and 

12 ‘‘(2) the establishment of such additional teams 

13 does not require an increase in authorized personnel 

14 levels above the numbers authorized as of the date 

15 of the enactment of the National Defense Authoriza16 tion Act for Fiscal Year 2013. 

17 ‘‘(c) LIMITATION OF ESTABLISHMENT OF FURTHER

18 TEAMS.—No Weapons of Mass Destruction Civil Support 

19 Team may be established beyond the number authorized 

20 by subsections (a) and (b) unless— 

21 ‘‘(1) the Secretary submits to Congress a re22 quest for authority to establish such team, including 

23 a detailed justification for their establishment; and 

24 ‘‘(2) the establishment of such team is specifi25 cally authorized by a law enacted after the date of 
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1 the enactment of the National Defense Authoriza2 tion Act for Fiscal Year 2013.’’. 

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

4 of the enactment of this Act, the Secretary of Defense 

5 shall submit to the congressional defense committees a re6 port on the Weapons of Mass Destruction Civil Support 

7 Teams. The report shall include the following: 

8 (1) A detailed description of risk management 

9 criteria and considerations to be used in determining 

10 the optimal number and location of Weapons of 

11 Mass Destruction Civil Support Teams. 

12 (2) A description of the operational and train13 ing activities conducted by the Weapons of Mass De14 struction Civil Support Teams during each of fiscal 

15 years 2010, 2011, and 2012. 

16 (3) An assessment of the optimal number and 

17 location of Weapons of Mass Destruction Civil Sup18 port Teams in light of the information under para19 graphs (1) and (2). 

20 (4) A comparative analysis of the cost of estab21 lishing Weapons of Mass Destruction Civil Support 

22 Teams in the reserve components of the Armed 

23 Forces (other than the National Guard) with the 

24 cost of establishing Weapons of Mass Destruction 

25 Civil Support Teams in the National Guard. 
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1 (5) A description of the portion of the costs of 

2 Weapons of Mass Destruction Civil Support Teams 

3 that is currently borne by the States. 

4 SEC. 1433. POLICY OF THE UNITED STATES WITH RESPECT 

5 TO A DOMESTIC SUPPLY OF CRITICAL AND 

6 ESSENTIAL MINERALS. 

7 (a) POLICY OF THE UNITED STATES.—It is the pol8 icy of the United States to promote the development of 

9 an adequate, reliable, and stable supply of critical and es10 sential minerals in the United States in order to strength11 en and sustain the military readiness, national security, 

12 and critical infrastructure of the United States. 

13 (b) COORDINATION OF DEVELOPMENT OF SUPPLY

14 OF CRITICAL AND ESSENTIAL MINERALS.—To implement 

15 the policy described in subsection (a), the President shall, 

16 acting through the Executive Office of the President, co17 ordinate the actions of the appropriate federal agencies 

18 to identify opportunities for and to facilitate the develop19 ment of resources in the United States to meet the critical 

20 and essential mineral needs of the United States. 
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1 TITLE XV—AUTHORIZATION OF 

2 APPROPRIATIONS FOR OVER3 SEAS CONTINGENCY OPER4 ATIONS 

5 Subtitle A—Authorization of 

6 Appropriations 

7 SEC. 1501. PURPOSE. 

8 The purpose of this subtitle is to authorize appropria9 tions for the Department of Defense for fiscal year 2013 

10 to provide additional funds for overseas contingency oper11 ations being carried out by the Armed Forces. 

12 SEC. 1502. PROCUREMENT. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2013 for procurement accounts for the Army, 

15 the Navy and the Marine Corps, the Air Force, and De16 fense-wide activities, as specified in the funding table in 

17 section 4102. 

18 SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUA19 TION. 

20 Funds are hereby authorized to be appropriated for 

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

22 for research, development, test, and evaluation, as speci23 fied in the funding table in section 4202. 
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1 SEC. 1504. OPERATION AND MAINTENANCE. 

2 Funds are hereby authorized to be appropriated for 

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

4 activities and agencies of the Department of Defense for 

5 expenses, not otherwise provided for, for operation and 

6 maintenance, as specified in the funding table in section 

7 4302. 

8 SEC. 1505. MILITARY PERSONNEL. 

9 Funds are hereby authorized to be appropriated for 

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

11 activities and agencies of the Department of Defense for 

12 expenses, not otherwise provided for, for military per13 sonnel, as specified in the funding table in section 4402. 

14 SEC. 1506. WORKING CAPITAL FUNDS. 

15 Funds are hereby authorized to be appropriated for 

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

17 activities and agencies of the Department of Defense for 

18 providing capital for working capital and revolving funds, 

19 as specified in the funding table in section 4502. 

20 SEC. 1507. DEFENSE HEALTH PROGRAM. 

21 Funds are hereby authorized to be appropriated for 

22 the Department of Defense for fiscal year 2013 for ex23 penses, not otherwise provided for, for the Defense Health 

24 Program, as specified in the funding table in section 4502. 
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1 SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG AC2 TIVITIES, DEFENSE-WIDE. 

3 Funds are hereby authorized to be appropriated for 

4 the Department of Defense for fiscal year 2013 for ex5 penses, not otherwise provided for, for Drug Interdiction 

6 and Counter-Drug Activities, Defense-wide, as specified in 

7 the funding table in section 4502. 

8 SEC. 1509. DEFENSE INSPECTOR GENERAL. 

9 Funds are hereby authorized to be appropriated for 

10 the Department of Defense for fiscal year 2013 for ex11 penses, not otherwise provided for, for the Office of the 

12 Inspector General of the Department of Defense, as speci13 fied in the funding table in section 4502. 

14 Subtitle B—Financial Matters 

15 SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

16 The amounts authorized to be appropriated by this 

17 title are in addition to amounts otherwise authorized to 

18 be appropriated by this Act. 

19 SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

20 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

21 (1) AUTHORITY.—Upon determination by the 

22 Secretary of Defense that such action is necessary in 

23 the national interest, the Secretary may transfer 

24 amounts of authorizations made available to the De25 partment of Defense in this title for fiscal year 2013 

26 between any such authorizations for that fiscal year 
823 

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1 (or any subdivisions thereof). Amounts of authoriza2 tions so transferred shall be merged with and be 

3 available for the same purposes as the authorization 

4 to which transferred. 

5 (2) LIMITATION.—The total amount of author6 izations that the Secretary may transfer under the 

7 authority of this subsection may not exceed 

8 $4,000,000,000. 

9 (b) TERMS AND CONDITIONS.—Transfers under this 

10 section shall be subject to the same terms and conditions 

11 as transfers under section 1001. 

12 (c) ADDITIONAL AUTHORITY.—The transfer author13 ity provided by this section is in addition to the transfer 

14 authority provided under section 1001. 

15 Subtitle C—Limitations and Other 

16 Matters 

17 SEC. 1531. AFGHANISTAN SECURITY FORCES FUND. 

18 (a) CONTINUATION OF EXISTING LIMITATIONS.— 

19 Funds available to the Department of Defense for the Af20 ghanistan Security Forces Fund for fiscal year 2013 shall 

21 be subject to the conditions contained in subsections (b) 

22 through (g) of section 1513 of the National Defense Au23 thorization Act for Fiscal Year 2008 (Public Law 110– 

24 181; 122 Stat. 428), as amended by section 1531(b) of 
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1 the Ike Skelton National Defense Authorization Act for 

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

3 (b) AVAILABILITY FOR SUPPORT OF TRAINING OF

4 AFGHAN PUBLIC PROTECTION FORCE.—Assistance pro5 vided during fiscal year 2013 utilizing funds in the Af6 ghanistan Security Forces Fund may be used to increase 

7 the capacity of the Government of Afghanistan to recruit, 

8 vet, train, and manage the Afghan Public Protection 

9 Force within the Afghanistan Ministry of Interior, includ10 ing activities in connection with the following: 

11 (1) Expanding the capacity of the Force to 

12 train and qualify recruits for static security, convoy 

13 security, and personal detail security. 

14 (2) Improving the infrastructure of the Afghan 

15 Public Protection Force Training Center or other fa16 cilities for training Force personnel. 

17 (3) Increasing the capacity of the Afghanistan 

18 Ministry of Interior to manage the Force. 

19 (4) Improving procedures for recruiting and 

20 vetting Force personnel. 

21 (5) Establishing or implementing requirements 

22 for qualifications, training, and accountability con23 sistent with the purposes of section 862 of the Na24 tional Defense Authorization Act for Fiscal Year 

25 2008 (10 U.S.C. 2302 note), to the extent feasible. 
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1 (c) PLAN FOR USE OF AFGHANISTAN SECURITY

2 FORCES FUND THROUGH 2017.—No later than 90 days 

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

4 of Defense shall submit to the congressional defense com5 mittees a plan for using funds available to the Department 

6 of Defense to provide assistance to the security forces of 

7 Afghanistan through the Afghanistan Security Forces 

8 Fund through September 30, 2017. 

9 SEC. 1532. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

10 FUND. 

11 (a) USE AND TRANSFER OF FUNDS.—Subsections 

12 (b) and (c) of section 1514 of the John Warner National 

13 Defense Authorization Act for Fiscal Year 2007 (Public 

14 Law 109–364; 120 Stat. 2439), as in effect before the 

15 amendments made by section 1503 of the Duncan Hunter 

16 National Defense Authorization Act for Fiscal Year 2009 

17 (Public Law 110–417; 122 Stat. 4649), shall apply to the 

18 funds made available to the Department of Defense for 

19 the Joint Improvised Explosive Device Defeat Fund for 

20 fiscal year 2013. 

21 (b) AVAILABILITY OF CERTAIN FISCAL YEAR 2013 

22 FUNDS.— 

23 (1) IN GENERAL.—Of the funds made available 

24 to the Department of Defense for the Joint Impro25 vised Explosive Device Defeat Fund for fiscal year 
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†S 3254 ES

1 2013, $15,000,000 may be available to the Secretary 

2 of Defense to provide training, equipment, supplies, 

3 and services to ministries and other entities of the 

4 Government of Pakistan that the Secretary has iden5 tified as critical for countering the flow of impro6 vised explosive device precursor chemicals from 

7 Pakistan to locations in Afghanistan. 

8 (2) PROVISION THROUGH OTHER US AGEN9 CIES.—If jointly agreed upon by the Secretary of 

10 Defense and the head of another department or 

11 agency of the United States Government, the Sec12 retary of Defense may transfer funds available 

13 under paragraph (1) to such department or agency 

14 for the provision of training, equipment, supplies, 

15 and services to ministries and other entities of the 

16 Government of Pakistan as described in that para17 graph by such department or agency. 

18 (3) NOTICE TO CONGRESS.—Funds may not be 

19 used under the authority in paragraph (1) until 15 

20 days after the date on which the Secretary of De21 fense submits to the congressional defense commit22 tees a notice on the training, equipment, supplies, 

23 and services to be provided using such funds. 

24 (c) EXPIRATION.—This section shall cease to be ef25 fective on December 31, 2013. 
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1 SEC. 1533. PLAN FOR TRANSITION IN FUNDING OF UNITED 

2 STATES SPECIAL OPERATIONS COMMAND 

3 FROM SUPPLEMENTAL FUNDING FOR OVER4 SEAS CONTINGENCY OPERATIONS TO RECUR5 RING FUNDING UNDER THE FUTURE-YEARS 

6 DEFENSE PROGRAM. 

7 The Secretary of Defense shall submit to the congres8 sional defense committees, at the same time as the budget 

9 of the President for fiscal year 2014 is submitted to Con10 gress pursuant to section 1105(a) of title 31, United 

11 States Code, a plan for the transition of funding of the 

12 United States Special Operations Command from funds 

13 authorized to be appropriated for overseas contingency op14 erations (commonly referred to as the ‘‘overseas contin15 gency operations budget’’) to funds authorized to be ap16 propriated for recurring operations of the Department of 

17 Defense in accordance with applicable future-years defense 

18 programs under section 221 of title 10, United States 

19 Code (commonly referred to as the ‘‘base budget’’). 

20 SEC. 1534. EXTENSION OF AUTHORITY ON TASK FORCE FOR 

21 BUSINESS AND STABILITY OPERATIONS IN 

22 AFGHANISTAN. 

23 Section 1535(a) of the Ike Skelton National Defense 

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

25 383; 124 Stat. 4426), as amended by section 1534 of the 

26 National Defense Authorization Act for Fiscal Year 2012 
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1 (Public Law 112–81; 125 Stat. 1658), is further amend2 ed— 

3 (1) in the second sentence of paragraph (4)— 

4 (A) by striking ‘‘The amount of funds 

5 used’’ and inserting ‘‘The amount of fund obli6 gated’’; 

7 (B) by inserting ‘‘and $93,000,000 for fis8 cal year 2013’’ after ‘‘fiscal year 2012’’; and 

9 (C) by inserting ‘‘for fiscal year 2012’’ 

10 after ‘‘except that’’; 

11 (2) in paragraph (6), by striking ‘‘October 31, 

12 2011, and October 31, 2012’’ and inserting ‘‘Octo13 ber 31 of each of 2011, 2012, and 2013’’; and 

14 (3) in paragraph (7)— 

15 (A) by striking ‘‘provided in’’ and inserting 

16 ‘‘to obligate funds for projects under’’; and 

17 (B) by striking ‘‘September 30, 2012’’ and 

18 inserting ‘‘September 30, 2013’’. 

19 SEC. 1535. ASSESSMENTS OF TRAINING ACTIVITIES AND IN20 TELLIGENCE ACTIVITIES OF THE JOINT IM21 PROVISED EXPLOSIVE DEVICE DEFEAT OR22 GANIZATION. 

23 (a) TRAINING ACTIVITIES.— 

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

25 after the date of the enactment of this Act, the Sec-
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1 retary of Defense shall, in consultation with the 

2 Chairman of Joint Chiefs of Staff and the other 

3 chiefs of staff of the Armed Forces, submit to the 

4 congressional defense committees a report setting 

5 forth an assessment of the training-related activities 

6 of the Joint Improvised Explosive Device Defeat Or7 ganization (JIEDDO). 

8 (2) ELEMENTS.—The assessment required by 

9 paragraph (1) shall— 

10 (A) include all training programs and func11 tions executed by the Joint Improvised Explo12 sive Device Defeat Organization in support of 

13 the United States Armed Forces or coalition 

14 partners; 

15 (B) identify any program or function 

16 which is duplicated elsewhere within the De17 partment of Defense; and 

18 (C) assess the value of maintaining such 

19 duplication. 

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

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

22 include a classified annex. 

23 (4) LIMITATION.—No training-related program 

24 may be initiated by the Joint Improvised Explosive 

25 Device Defeat Organization between the date of the 
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1 enactment of this Act and the date of the submittal 

2 of the report required by paragraph (1). 

3 (b) INTELLIGENCE ACTIVITIES.— 

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

5 after the date of the enactment of this Act, the Sec6 retary of Defense shall, in consultation with the Di7 rector of National Intelligence, submit to the con8 gressional defense committees a report setting forth 

9 an assessment of the activities of the Counter-Im10 provised-Explosive-Device Operations Integration 

11 Center of the Joint Improvised Explosive Device De12 feat Organization. 

13 (2) ELEMENTS.—The assessment required by 

14 paragraph (1) shall— 

15 (A) include all intelligence analysis pro16 grams and functions executed by the Counter17 Improvised-Explosive-Device Operations Inte18 gration Center in support of the United States 

19 Government or coalition partners; 

20 (B) identify any program or function 

21 which is duplicated elsewhere within the De22 partment of Defense, including the intelligence 

23 components of the Department, or the intel24 ligence community of the United States; and 
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1 (C) assess the value of maintaining such 

2 duplication. 

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

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

5 include a classified annex. 

6 SEC. 1536. SUBMITTAL TO CONGRESS OF RISK ASSESS7 MENTS ON CHANGES IN UNITED STATES 

8 TROOP LEVELS IN AFGHANISTAN. 

9 (a) SUBMITTAL REQUIRED.—Not later than 30 days 

10 after a decision by the President to change the levels of 

11 United States Armed Forces deployed in Afghanistan, the 

12 Chairman of the Joint Chiefs of Staff shall, through the 

13 Secretary of Defense, submit to the congressional defense 

14 committees a detailed assessment of the risk to the United 

15 States mission and interests in Afghanistan as the change 

16 in levels is implemented. 

17 (b) ELEMENTS.—The risk assessment under sub18 section (a) on a change in levels of United States Armed 

19 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 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 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 levels. 

10 (5) An identification and assessment of any ca11 pability gaps within the Afghanistan security forces 

12 that will impact their ability to conduct operations 

13 following such change in levels. 

14 (6) An identification and assessment of the risk 

15 associated with the transition of combat responsibil16 ities to the Afghanistan security forces following 

17 such change in levels. 

18 (7) An assessment of the impact of such change 

19 in levels on coalition military contributions to the 

20 mission in Afghanistan. 

21 (8) A description of the assumptions to be in 

22 force regarding the security situation in Afghanistan 

23 following such change in levels. 

24 (9) Such other matters regarding such change 

25 in levels as the Chairman considers appropriate. 
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1 SEC. 1537. REPORT ON INSIDER ATTACKS IN AFGHANISTAN 

2 AND THEIR EFFECT ON THE UNITED STATES 

3 TRANSITION STRATEGY FOR AFGHANISTAN. 

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

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

6 shall, in consultation with the Secretary of State and the 

7 Commander of North Atlantic Treaty Organization/Inter8 national Security Assistance Force forces in Afghanistan, 

9 submit to Congress a report on the attacks and associated 

10 threats by Afghanistan National Security Forces per11 sonnel, Afghanistan National Security Forces imperson12 ators, and private security contractors against United 

13 States, Afghanistan, and coalition military and civilian 

14 personnel (‘‘insider attacks’’) in Afghanistan, and the ef15 fect of these attacks on the overall transition strategy in 

16 Afghanistan. 

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

18 (a) shall include the following: 

19 (1) A description of the nature and proximate 

20 causes of the attacks described in subsection (a), 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. 

10 (E) A description of trends in the preva11 lence of such attacks, including where such at12 tacks occur, the political and ethnic affiliation 

13 of attackers, and the targets of attackers. 

14 (2) A description of the restrictions and other 

15 actions taken by the United States and North Atlan16 tic Treaty Organization/International Security As17 sistance Force forces to protect military and civilian 

18 personnel from future insider attacks, including 

19 measures in predeployment training. 

20 (3) A description of the actions taken by the 

21 Government of Afghanistan to prevent and respond 

22 to insider attacks, including improved vetting prac23 tices. 

24 (4) A description of the insider threat-related 

25 factors that will influence the size and scope of the 
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1 post-2014 training mission for the Afghanistan Na2 tional Security Forces. 

3 (5) An assessment of the impact of the insider 

4 attacks in Afghanistan in 2012 on the overall transi5 tion strategy in Afghanistan and its prospects for 

6 success, including an assessment how such insider 

7 attacks impact— 

8 (A) partner operations between North At9 lantic Treaty Organization/International Secu10 rity Assistance Force forces and Afghanistan 

11 National Security Forces; 

12 (B) training programs for the Afghanistan 

13 National Security Forces, including proposed 

14 training plans to be executed during the post15 2014 training mission for the Afghanistan Na16 tional Security Forces; 

17 (C) United States Special Forces training 

18 of the Afghan Local Police and its integration 

19 into the Afghanistan National Security Forces; 

20 and 

21 (D) the willingness of North Atlantic Trea22 ty Organization/International Security Assist23 ance Force allies to maintain forces in Afghani24 stan or commit to the post-2014 training mis-
836 

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1 sion for the Afghanistan National Security 

2 Forces. 

3 (6) An assessment of the impact that a reduc4 tion in training and partnering would have on the 

5 independent capabilities of the Afghanistan National 

6 Security Forces, and whether the training of the Af7 ghanistan National Security Forces should remain a 

8 key component of the United States and North At9 lantic Treaty Organization strategy in Afghanistan. 

10 (c) UNCLASSIFIED EXECUTIVE SUMMARY.—The re11 port submitted under subsection (b) shall include an exec12 utive summary of the contents of the report in unclassified 

13 form. 

14 TITLE XVI—MILITARY COM15 PENSATION AND RETIRE16 MENT MODERNIZATION COM17 MISSION 

18 SEC. 1601. SHORT TITLE. 

19 This title may be cited as the ‘‘Military Compensation 

20 and Retirement Modernization Commission Act of 2012’’. 

21 SEC. 1602. PURPOSE. 

22 The purpose of this title is to establish a Commission 

23 to review and make recommendations to modernize the 

24 military compensation and retirement systems in order 

25 to— 
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1 (1) ensure the long-term viability of the All-Vol2 unteer Force; 

3 (2) enable the quality of life for members of the 

4 Armed Forces and the other uniformed services and 

5 their families in a manner that fosters successful re6 cruitment, retention, and careers for members of the 

7 Armed Forces and the other uniformed services; and 

8 (3) modernize and achieve fiscal sustainability 

9 for the compensation and retirements systems for 

10 the Armed Forces and the other uniformed services 

11 for the 21st century. 

12 SEC. 1603. DEFINITIONS. 

13 In this title: 

14 (1) The term ‘‘military compensation and re15 tirement systems’’ means the military compensation 

16 system and the military retirement system. 

17 (2) The term ‘‘military compensation system’’ 

18 means provisions of law providing eligibility for and 

19 the computation of military compensation, including 

20 regular military compensation, special and incentive 

21 pays and allowances, medical and dental care, edu22 cational assistance and related benefits, and com23 missary and exchange benefits and related benefits 

24 and activities. 
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1 (3) The term ‘‘military retirement system’’ 

2 means retirement benefits, including retired pay 

3 based upon service in the uniformed services and 

4 survivor annuities based upon such service. 

5 (4) The term ‘‘Armed Forces’’ has the meaning 

6 given the term ‘‘armed forces’’ in section 101(a)(4) 

7 of title 10, United States Code. 

8 (5) The term ‘‘uniformed services’’ has the 

9 meaning given that term in section 101(a)(5) of title 

10 10, United States Code. 

11 (6) The term ‘‘Secretary’’ means the Secretary 

12 of Defense. 

13 (7) The term ‘‘Commission’’ means the commis14 sion established under section 1604. 

15 (8) The term ‘‘Commission establishment date’’ 

16 means the first day of the first month beginning on 

17 or after the date of the enactment of this Act. 

18 (9) The terms ‘‘veterans service organization’’ 

19 and ‘‘military-related advocacy group or association’’ 

20 mean an organization the primary purpose of which 

21 is to advocate for veterans, military personnel, mili22 tary retirees, or military families. 
839 

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1 SEC. 1604. MILITARY COMPENSATION AND RETIREMENT 

2 MODERNIZATION COMMISSION. 

3 (a) ESTABLISHMENT.—There is established in the ex4 ecutive branch an independent commission to be known 

5 as the Military Compensation and Retirement Moderniza6 tion Commission. The Commission shall be considered an 

7 independent establishment of the Federal Government as 

8 defined by section 104 of title 5, United States Code, and 

9 a temporary organization under section 3161 of such title. 

10 (b) APPOINTMENT.— 

11 (1) IN GENERAL.— 

12 (A) MEMBERS.—The Commission shall be 

13 composed of nine members appointed by the 

14 President, in consultation with— 

15 (i) the Chairman and Ranking Mem16 ber of the Committee on Armed Services of 

17 the Senate; and 

18 (ii) the Chairman and Ranking Mem19 ber of the Committee on Armed Services of 

20 the House of Representatives. 

21 (B) DEADLINE FOR APPOINTMENT.—The 

22 President shall make appointments to the Com23 mission not later than six months after the 

24 Commission establishment date. 

25 (C) TERMINATION FOR LACK OF APPOINT26 MENT.—If the President does not make all ap-
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1 pointments to the Commission on or before the 

2 date specified in subparagraph (B), the Com3 mission shall be terminated. 

4 (2) QUALIFICATIONS OF INDIVIDUALS AP5 POINTED.—In appointing individuals to the Commis6 sion, the President shall— 

7 (A) ensure that— 

8 (i) there are members with significant 

9 expertise in Federal compensation and re10 tirement systems, including the military 

11 compensation and retirement systems, pri12 vate sector compensation, retirement, or 

13 human resource systems, and actuarial 

14 science; 

15 (ii) at least five members have active16 duty military experience, including— 

17 (I) at least one of whom has ac18 tive-duty experience as an enlisted 

19 member; and 

20 (II) at least one of whom has ex21 perience as a member of a reserve 

22 component; and 

23 (iii) at least one member was the 

24 spouse of a member of the Armed Forces, 

25 or, in the sole determination of the Presi-
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1 dent, has significant experience in military 

2 family matters; and 

3 (B) select individuals who are knowledge4 able and experienced with the uniformed serv5 ices and military compensation and retirement 

6 issues. 

7 (3) LIMITATION.—The President may not ap8 point to the Commission 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. 

12 (4) CHAIR.—At the time the President appoints 

13 the members of the Commission, the President shall 

14 designate one of the members to be Chair of the 

15 Commission. The individual designated as Chair of 

16 the Commission shall be a person who has expertise 

17 in the military compensation and retirement sys18 tems. The Chair, or the designee of the Chair, shall 

19 preside over meetings of the Commission and be re20 sponsible for establishing the agenda of Commission 

21 meetings and hearings. 

22 (c) TERMS.—Members shall be appointed for the life 

23 of the Commission (subject to subsection (b)(3)). A va24 cancy in the Commission shall not affect its powers, and 
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1 shall be filled in the same manner as the original appoint2 ment was made. 

3 (d) STATUS AS FEDERAL EMPLOYEES.—Notwith4 standing the requirements of section 2105 of title 5, 

5 United States Code, including the required supervision 

6 under subsection (a)(3) of such section, the members of 

7 the Commission shall be deemed Federal employees. 

8 SEC. 1605. COMMISSION HEARINGS AND MEETINGS. 

9 (a) IN GENERAL.—The Commission shall conduct 

10 hearings on the recommendations it is taking under con11 sideration. Any such hearing, except a hearing in which 

12 classified information is to be considered, shall be open 

13 to the public. Any hearing open to the public shall be an14 nounced on a Federal website at least 14 days in advance. 

15 For all hearings open to the public, the Commission shall 

16 release an agenda and a listing of materials relevant to 

17 the topics to be discussed. 

18 (b) MEETINGS.— 

19 (1) INITIAL MEETING.—The Commission shall 

20 hold its initial meeting not later than 30 days after 

21 the date as of which all members have been ap22 pointed. 

23 (2) SUBSEQUENT MEETINGS.—After its initial 

24 meeting, the Commission shall meet upon the call of 

25 the Chair or a majority of its members. 
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1 (3) PUBLIC MEETINGS.—Each meeting of the 

2 Commission shall be held in public unless any mem3 ber objects. 

4 (c) QUORUM.—Five members of the Commission 

5 shall constitute a quorum, but a lesser number may hold 

6 hearings. 

7 (d) PUBLIC COMMENTS.— 

8 (1) IN GENERAL.—The Commission shall seek 

9 written comments from the general public and inter10 ested parties on measures to modernize the military 

11 compensation and retirement systems. Comments 

12 shall be requested through a solicitation in the Fed13 eral Register and announcement on the Internet 

14 website of the Commission. 

15 (2) PERIOD FOR SUBMITTAL.—The period for 

16 the submittal of comments pursuant to the solicita17 tion under paragraph (1) shall end not earlier than 

18 30 days after the date of the solicitation and shall 

19 end on or before the date on which the Secretary 

20 transmits the recommendations of the Secretary to 

21 the Commission under section 1606(b). 

22 (3) USE BY COMMISSION.—The Commission 

23 shall consider the comments submitted under this 

24 subsection when developing its recommendations. 
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1 SEC. 1606. PRINCIPLES AND PROCEDURE FOR COMMISSION 

2 RECOMMENDATIONS. 

3 (a) PRINCIPLES.— 

4 (1) CONTEXT OF COMMISSION REVIEW.—The 

5 Commission shall conduct a review of the military 

6 compensation and retirement systems in the context 

7 of all elements of the current military compensation 

8 and retirement systems, force management objec9 tives, and changes in life expectancy and the labor 

10 force. 

11 (2) DEVELOPMENT OF COMMISSION REC12 OMMENDATIONS.— 

13 (A) CONSISTENCY WITH PRESIDENTIAL

14 PRINCIPLES.—The Commission shall develop 

15 recommendations for modernizing the military 

16 compensation and retirement systems that are 

17 consistent with principles established by the 

18 President under paragraph (3). 

19 (B) GRANDFATHERING.—The rec20 ommendations of the Commission may not 

21 apply to any person who first becomes a mem22 ber of a uniformed service before the date of 

23 the enactment of a military compensation and 

24 retirement modernization Act pursuant to this 

25 title (except that such recommendations may in26 clude provisions allowing for such a member to 
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1 make a voluntary election to be covered by some 

2 or all of the provisions of such recommenda3 tions). 

4 (3) PRESIDENTIAL PRINCIPLES.—Not later 

5 than five months after the Commission establish6 ment date, the President shall establish and trans7 mit to the Commission and Congress principles for 

8 modernizing the military compensation and retire9 ment systems. The principles established by the 

10 President shall address the following: 

11 (A) Maintaining recruitment and retention 

12 of the best military personnel. 

13 (B) Modernizing the active and reserve 

14 military compensation and retirement systems. 

15 (C) Differentiating between active and re16 serve military service. 

17 (D) Differentiating between service in the 

18 Armed Forces and service in the other uni19 formed services. 

20 (E) Assisting with force management. 

21 (F) Ensuring the fiscal sustainability of 

22 the military compensation and retirement sys23 tems. 

24 (b) SECRETARY OF DEFENSE RECOMMENDATIONS.— 
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1 (1) IN GENERAL.—Not later than nine months 

2 after the Commission establishment date, the Sec3 retary shall transmit to the Commission the rec4 ommendations of the Secretary for military com5 pensation and retirement modernization. The Sec6 retary shall concurrently transmit the recommenda7 tions to Congress. 

8 (2) DEVELOPMENT OF RECOMMENDATIONS.— 

9 The Secretary shall develop the recommendations of 

10 the Secretary under paragraph (1)— 

11 (A) on the basis of the principles estab12 lished by the President pursuant to subsection 

13 (a)(3); 

14 (B) in consultation with the Secretary of 

15 Homeland Security, with respect to rec16 ommendations concerning members of the 

17 Coast Guard; 

18 (C) in consultation with the Secretary of 

19 Health and Human Services, with respect to 

20 recommendations concerning members of the 

21 Public Health Service; 

22 (D) in consultation with the Secretary of 

23 Commerce, with respect to recommendations 

24 concerning members of the National Oceanic 

25 and Atmospheric Administration; and 
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1 (E) in consultation with the Director of 

2 the Office of Management and Budget. 

3 (3) JUSTIFICATION.—The Secretary shall in4 clude with the recommendations under paragraph 

5 (1) the justification of the Secretary for each rec6 ommendation. 

7 (4) AVAILABILITY OF INFORMATION.—The Sec8 retary shall make available to the Commission and 

9 to Congress the information used by the Secretary 

10 to prepare the recommendations of the Secretary 

11 under paragraph (1). 

12 (c) COMMISSION HEARINGS ON RECOMMENDATIONS

13 OF SECRETARY.—After receiving from the Secretary the 

14 recommendations of the Secretary for military compensa15 tion and retirement modernization pursuant to subsection 

16 (b), the Commission shall conduct public hearings on the 

17 recommendations. 

18 (d) COMMISSION REPORT AND RECOMMENDA19 TIONS.— 

20 (1) REPORT.—Not later than 15 months after 

21 the Commission establishment date, the Commission 

22 shall transmit to the President a report containing 

23 the findings and conclusions of the Commission, to24 gether with the recommendations of the Commission 

25 for the modernization of the military compensation 
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†S 3254 ES

1 and retirement systems. The Commission shall in2 clude in the report legislative language to implement 

3 the recommendations of the Commission. The find4 ings and conclusions in the report shall be based on 

5 the review and analysis by the Commission of the 

6 recommendations of the Secretary. 

7 (2) REQUIREMENT FOR APPROVAL.—The rec8 ommendations of the Commission must be approved 

9 by at least five members of the Commission before 

10 the recommendations may be transmitted to the 

11 President under paragraph (1). 

12 (3) PROCEDURES FOR CHANGING REC13 OMMENDATIONS OF SECRETARY.—The Commission 

14 may make a change described in paragraph (4) in 

15 the recommendations made by the Secretary only if 

16 the Commission— 

17 (A) determines that the change is con18 sistent with the principles established by the 

19 President under subsection (a)(3); 

20 (B) publishes a notice of the proposed 

21 change not less than 45 days before transmit22 ting its recommendations to the President pur23 suant to paragraph (1); and 

24 (C) conducts a public hearing on the pro25 posed change. 
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1 (4) COVERED CHANGES.—Paragraph (3) ap2 plies to a change by the Commission in the rec3 ommendations of the Secretary that would— 

4 (A) add a new recommendation; 

5 (B) delete a recommendation; or 

6 (C) substantially change a recommenda7 tion. 

8 (5) EXPLANATION AND JUSTIFICATION FOR

9 CHANGES.—The Commission shall explain and jus10 tify in its report submitted to the President under 

11 paragraph (1) any recommendation made by the 

12 Commission that is different from the recommenda13 tions made by the Secretary pursuant to subsection 

14 (b). 

15 (6) TRANSMITTAL TO CONGRESS.—The Com16 mission shall transmit a copy of its report to Con17 gress on the same date on which it transmits its re18 port to the President under paragraph (1). 

19 SEC. 1607. CONSIDERATION OF COMMISSION REC20 OMMENDATIONS BY THE PRESIDENT AND 

21 CONGRESS. 

22 (a) REVIEW BY THE PRESIDENT.— 

23 (1) REPORT OF PRESIDENTIAL APPROVAL OR

24 DISAPPROVAL.—Not later than 60 days after the 

25 date on which the Commission transmits its report 
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†S 3254 ES

1 to the President under section 1606(d), the Presi2 dent shall transmit to the Commission and to Con3 gress a report containing the approval or disapproval 

4 by the President of the recommendations of the 

5 Commission in the report. 

6 (2) PRESIDENTIAL APPROVAL.—If in the report 

7 under paragraph (1) the President approves all the 

8 recommendations of the Commission, the President 

9 shall include with the report the following: 

10 (A) A copy of the recommendations of the 

11 Commission. 

12 (B) The certification by the President of 

13 the approval of the President of each rec14 ommendation. 

15 (C) The legislative language transmitted 

16 by the Commission to the President as part of 

17 the report of the Commission under section 

18 1606(d)(1). 

19 (3) PRESIDENTIAL DISAPPROVAL.— 

20 (A) REASONS FOR DISAPPROVAL.—If in 

21 the report under paragraph (1) the President 

22 disapproves the recommendations of the Com23 mission, in whole or in part, the President shall 

24 include in the report the reasons for that dis25 approval. 
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1 (B) REVISED RECOMMENDATIONS FROM

2 COMMISSION.—The Commission shall then 

3 transmit to the President, not later one month 

4 after the date of the report of the President 

5 under paragraph (1), revised recommendations 

6 for the modernization of the military compensa7 tion and retirement systems, together with re8 vised legislative language to implement the re9 vised recommendations of the Commission. 

10 (4) ACTION ON REVISED RECOMMENDATIONS.— 

11 If the President approves all of the revised rec12 ommendations of the Commission transmitted pur13 suant to paragraph (3)(B), the President shall 

14 transmit to Congress, not later than one month after 

15 receiving the revised recommendations, the following: 

16 (A) A copy of the revised recommenda17 tions. 

18 (B) The certification by the President of 

19 the approval of the President of each rec20 ommendation as so revised. 

21 (C) The revised legislative language trans22 mitted to the President under paragraph 

23 (3)(B). 

24 (5) TERMINATION OF COMMISSION.—If the 

25 President does not transmit to Congress an approval 
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1 and certification described in paragraph (2) or (4) 

2 in accordance with the applicable deadline under 

3 such paragraph, the Commission shall be terminated 

4 not later than one month after the expiration of the 

5 period for transmittal of a report under paragraph 

6 (4). 

7 (b) CONSIDERATION BY CONGRESS.— 

8 (1) RULEMAKING.—The provisions of this sub9 section are enacted by Congress— 

10 (A) as an exercise of the rulemaking power 

11 of the Senate and the House of Representa12 tives, respectively, and as such they shall be 

13 considered as part of the rules of each House, 

14 respectively, or of that House to which they 

15 specifically apply, and such rules supersede 

16 other rules only to the extent that they are in17 consistent therewith; and 

18 (B) with full recognition of the constitu19 tional right of either House to change such 

20 rules (so far as relating to the procedure of that 

21 House) at any time, in the same manner and 

22 to the same extent as in the case of any other 

23 rule of that House. 

24 (2) MILITARY COMPENSATION AND RETIRE25 MENT MODERNIZATION BILL.—For the purpose of 
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†S 3254 ES

1 this subsection, the term ‘‘military compensation and 

2 retirement modernization bill’’ means only a bill con3 sisting of the proposed legislative language rec4 ommended by the Commission and submitted to 

5 Congress by the President pursuant to subsection 

6 (a). 

7 (3) INTRODUCTION OF LEGISLATIVE PROPOSAL

8 IN HOUSE AND SENATE.—If the President transmits 

9 to Congress under subsection (a) a copy of the rec10 ommendations of the Commission (including the leg11 islative language recommended by the Commission), 

12 together with a certification of the approval of the 

13 President of the recommendations, the proposed leg14 islative language recommended by the Commission 

15 and submitted to Congress by the President pursu16 ant to that subsection— 

17 (A) shall be introduced in the Senate (by 

18 request) on the next day on which the Senate 

19 is in session by the chairman of the Committee 

20 on Armed Services of the Senate; and 

21 (B) shall be introduced in the House of 

22 Representatives (by request) on the next legisla23 tive day by the chair of the Committee on 

24 Armed Services of the House of Representa25 tives. 
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1 (4) CONSIDERATION IN THE HOUSE OF REP2 RESENTATIVES.— 

3 (A) REFERRAL AND REPORTING.—Any 

4 committee of the House of Representatives to 

5 which the military compensation and retirement 

6 modernization bill is referred shall report it to 

7 the House without amendment not later than 

8 the end of the 60-day period beginning on the 

9 date on which the bill is introduced. If a com10 mittee fails to report the bill to the House with11 in that period, it shall be in order to move that 

12 the House discharge the committee from fur13 ther consideration of the bill. Such a motion 

14 shall not be in order after the last committee 

15 authorized to consider the bill reports it to the 

16 House or after the House has disposed of a mo17 tion to discharge the bill. The previous question 

18 shall be considered as ordered on the motion to 

19 its adoption without intervening motion except 

20 20 minutes of debate equally divided and con21 trolled by the proponent and an opponent. If 

22 such a motion is adopted, the House shall pro23 ceed immediately to consider the Commission 

24 bill in accordance with subparagraphs (B) and 
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1 (C). A motion to reconsider the vote by which 

2 the motion is disposed of shall not be in order. 

3 (B) PROCEEDING TO CONSIDERATION.— 

4 After the last committee authorized to consider 

5 a military compensation and retirement mod6 ernization bill reports it to the House or has 

7 been discharged (other than by motion) from its 

8 consideration, it shall be in order to move to 

9 proceed to consider the military compensation 

10 and retirement modernization bill in the House. 

11 Such a motion shall not be in order after the 

12 House has disposed of a motion to proceed with 

13 respect to the military compensation and retire14 ment modernization bill. The previous question 

15 shall be considered as ordered on the motion to 

16 its adoption without intervening motion. A mo17 tion to reconsider the vote by which the motion 

18 is disposed of shall not be in order. 

19 (C) CONSIDERATION.—The military com20 pensation and retirement modernization bill 

21 shall be considered as read. All points of order 

22 against the bill and against its consideration 

23 are waived. The previous question shall be con24 sidered as ordered on the bill to its passage 

25 without intervening motion except 2 hours of 
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1 debate equally divided and controlled by the 

2 proponent and an opponent and one motion to 

3 limit debate on the bill. A motion to reconsider 

4 the vote on passage of the bill shall not be in 

5 order. 

6 (D) VOTE ON PASSAGE.—The vote on pas7 sage of the military compensation and retire8 ment modernization bill shall occur not later 

9 than the end of the 90-day period beginning on 

10 the date on which the bill is introduced. 

11 (5) EXPEDITED PROCEDURE IN THE SENATE.— 

12 (A) COMMITTEE CONSIDERATION.—A mili13 tary compensation and retirement moderniza14 tion bill introduced in the Senate under sub15 section (a) shall be jointly referred to the com16 mittee or committees of jurisdiction, which com17 mittees shall report the bill without any revision 

18 and with a favorable recommendation, an unfa19 vorable recommendation, or without rec20 ommendation, not later than the end of the 60- 

21 day period beginning on the date on which the 

22 bill is introduced. If any committee fails to re23 port the bill within that period, that committee 

24 shall be automatically discharged from consider-
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†S 3254 ES

1 ation of the bill, and the bill shall be placed on 

2 the appropriate calendar. 

3 (B) MOTION TO PROCEED.—Notwith4 standing Rule XXII of the Standing Rules of 

5 the Senate, it is in order, not later than 2 days 

6 of session after the date on which a military 

7 compensation and retirement modernization bill 

8 is reported or discharged from all committees to 

9 which it was referred, for the majority leader of 

10 the Senate or the majority leader’s designee to 

11 move to proceed to the consideration of the 

12 military compensation and retirement mod13 ernization bill. It shall also be in order for any 

14 Member of the Senate to move to proceed to the 

15 consideration of the military compensation and 

16 retirement modernization bill at any time after 

17 the conclusion of such 2-day period. A motion 

18 to proceed is in order even though a previous 

19 motion to the same effect has been disagreed 

20 to. All points of order against the motion to 

21 proceed to the military compensation and retire22 ment modernization bill are waived. The motion 

23 to proceed is not debatable. The motion is not 

24 subject to a motion to postpone. A motion to 

25 reconsider the vote by which the motion is 
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1 agreed to or disagreed to shall not be in order. 

2 If a motion to proceed to the consideration of 

3 the military compensation and retirement mod4 ernization bill is agreed to, the military com5 pensation and retirement modernization bill 

6 shall remain the unfinished business until dis7 posed of. 

8 (C) CONSIDERATION.—All points of order, 

9 other than budget points of order, against the 

10 military compensation and retirement mod11 ernization bill and against consideration of the 

12 bill are waived. Consideration of the bill and of 

13 all debatable motions and appeals in connection 

14 therewith shall not exceed a total of 10 hours 

15 which shall be divided equally between the ma16 jority and minority leaders or their designees. A 

17 motion further to limit debate on the bill is in 

18 order, shall require an affirmative vote of three19 fifths of the Members duly chosen and sworn, 

20 and is not debatable. Any debatable motion or 

21 appeal is debatable for not to exceed 1 hour, to 

22 be divided equally between those favoring and 

23 those opposing the motion or appeal. All time 

24 used for consideration of the bill, including time 

25 used for quorum calls and voting, shall be 
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†S 3254 ES

1 counted against the total 10 hours of consider2 ation. 

3 (D) NO AMENDMENTS.—An amendment to 

4 the Commission bill, or a motion to postpone, 

5 or a motion to proceed to the consideration of 

6 other business, or a motion to recommit the 

7 Commission bill, is not in order. 

8 (E) VOTE ON PASSAGE.—If the Senate has 

9 voted to proceed to the military compensation 

10 and retirement modernization bill, the vote on 

11 passage of the bill shall occur immediately fol12 lowing the conclusion of the debate on a mili13 tary compensation and retirement moderniza14 tion bill, and a single quorum call at the conclu15 sion of the debate if requested. The vote on 

16 passage of the bill shall occur not later the end 

17 of the 90-day period beginning on the date on 

18 which the bill is introduced. 

19 (F) RULINGS OF THE CHAIR ON PROCE20 DURE.—Appeals from the decisions of the Chair 

21 relating to the application of the rules of the 

22 Senate, as the case may be, to the procedure re23 lating to a military compensation and retire24 ment modernization bill shall be decided with25 out debate. 
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1 (6) AMENDMENT.—The military compensation 

2 and retirement modernization bill shall not be sub3 ject to amendment in either the House of Represent4 atives or the Senate. 

5 (7) CONSIDERATION BY THE OTHER HOUSE.— 

6 If, before passing the military compensation and re7 tirement modernization bill, one House receives from 

8 the other a military compensation and retirement 

9 modernization bill— 

10 (A) the military compensation and retire11 ment modernization bill of the other House 

12 shall not be referred to a committee; and 

13 (B) the procedure in the receiving House 

14 shall be the same as if no military compensa15 tion and retirement modernization bill had been 

16 received from the other House until the vote on 

17 passage, when the military compensation and 

18 retirement modernization bill received from the 

19 other House shall supplant the military com20 pensation and retirement modernization bill of 

21 the receiving House. 

22 SEC. 1608. PAY FOR MEMBERS OF THE COMMISSION. 

23 (a) IN GENERAL.—Each member, other than the 

24 Chair, of the Commission shall be paid at a rate equal 

25 to the daily equivalent of the annual rate of basic pay pay-
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1 able for level IV of the Executive Schedule under section 

2 5315 of title 5, United States Code, for each day (includ3 ing travel time) during which the member is engaged in 

4 the actual performance of duties vested in the Commis5 sion. 

6 (b) CHAIR.—The Chair of the Commission shall be 

7 paid at a rate equal to the daily equivalent of the annual 

8 rate of basic pay payable for level III of the Executive 

9 Schedule under section 5314, of title 5, United States 

10 Code, for each day (including travel time) during which 

11 the member is engaged in the actual performance of duties 

12 vested in the Commission. 

13 SEC. 1609. EXECUTIVE DIRECTOR. 

14 (a) APPOINTMENT.—The Commission shall appoint 

15 and fix the rate of basic pay for an Executive Director 

16 in accordance with section 3161 of title 5, United States 

17 Code. 

18 (b) LIMITATIONS.—The Executive Director may not 

19 have served on active duty in the Armed Forces or as a 

20 civilian employee of the Department of Defense during the 

21 one-year period preceding the date of such appointment 

22 and may not have been employed by a veterans service 

23 organization or a military-related advocacy group or asso24 ciation during that one-year period. 
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1 SEC. 1610. STAFF. 

2 (a) IN GENERAL.—Subject to subsections (b) and (c), 

3 the Executive Director, with the approval of the Commis4 sion, may appoint and fix the rate of basic pay for addi5 tional personnel as staff of the Commission in accordance 

6 with section 3161 of title 5, United States Code. 

7 (b) LIMITATIONS ON STAFF.— 

8 (1) NUMBER OF DETAILEES FROM DEPART9 MENT OF DEFENSE.—Not more than one-third of 

10 the personnel employed by or detailed to the Com11 mission may be on detail from the Department of 

12 Defense. 

13 (2) PRIOR DUTIES WITHIN DEPARTMENT OF

14 DEFENSE.—A person may not be detailed from the 

15 Department of Defense to the Commission if, in the 

16 year before the detail is to begin, that person par17 ticipated personally and substantially in any matter 

18 within the Department concerning the preparation of 

19 recommendations for military compensation and re20 tirement modernization. 

21 (3) NUMBER OF DETAILEES ELIGIBLE FOR

22 MILITARY RETIRED PAY.—Not more than one-fourth 

23 of the personnel employed by or detailed to the Com24 mission may be persons eligible for or receiving mili25 tary retired pay. 
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1 (4) PRIOR EMPLOYMENT WITH CERTAIN ORGA2 NIZATIONS.—A person may not be employed by or 

3 detailed to the Commission if, in the year before the 

4 employment or detail is to begin, that person was 

5 employed by a veterans service organization or a 

6 military-related advocacy group or association. 

7 (c) LIMITATIONS ON PERFORMANCE REVIEWS.—No 

8 member of the Armed Forces, and no officer or employee 

9 of the Department of Defense, may— 

10 (1) prepare any report concerning the effective11 ness, fitness, or efficiency of the performance of the 

12 staff of the Commission or any person detailed from 

13 the Department to that staff; 

14 (2) review the preparation of such a report; or 

15 (3) approve or disapprove such a report. 

16 SEC. 1611. CONTRACTING AUTHORITY. 

17 The Commission may lease space and acquire per18 sonal property to the extent funds are available. 

19 SEC. 1612. JUDICIAL REVIEW PRECLUDED. 

20 The following shall not be subject to judicial review: 

21 (1) Actions of the President, the Secretary, and 

22 the Commission under section 1606. 

23 (2) Actions of the President under section 

24 1607(a). 
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1 SEC. 1613. TERMINATION. 

2 Except as otherwise provided in this title, the Com3 mission shall terminate not later than 26 months after the 

4 Commission establishment date. 

5 SEC. 1614. FUNDING. 

6 Of the amounts authorized to be appropriated by this 

7 division for the Department of Defense for fiscal year 

8 2013, up to $10,000,000 shall be available to the Commis9 sion to carry out its duties under this title. Funds avail10 able to the Commission under the preceding sentence shall 

11 remain available until expended. 

12 TITLE XVII—NATIONAL COMMIS13 SION ON THE STRUCTURE OF 

14 THE AIR FORCE 

15 SEC. 1701. SHORT TITLE. 

16 This title may be cited as the ‘‘National Commission 

17 on the Structure of the Air Force Act of 2012’’. 

18 SEC. 1702. ESTABLISHMENT OF COMMISSION. 

19 (a) ESTABLISHMENT.—There is established the Na20 tional Commission on the Structure of the Air Force (in 

21 this title referred to as the ‘‘Commission’’). 

22 (b) MEMBERSHIP.— 

23 (1) COMPOSITION.—The Commission shall be 

24 composed of eight members, of whom— 
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1 (A) four shall be appointed by the Presi2 dent, of whom one shall be the Chairman of the 

3 Reserve Forces Policy Board; 

4 (B) one shall be appointed by the Chair5 man of the Committee on Armed Services of 

6 the Senate; 

7 (C) one shall be appointed by the Ranking 

8 Member of the Committee on Armed Services of 

9 the Senate; 

10 (D) one shall be appointed by the Chair11 man of the Committee on Armed Services of 

12 the House of Representatives; and 

13 (E) one shall be appointed by the Ranking 

14 Member of the Committee on Armed Services of 

15 the House of Representatives. 

16 (2) APPOINTMENT DATE.—The appointments of 

17 the members of the Commission shall be made not 

18 later than 90 days after the date of the enactment 

19 of this Act. 

20 (3) EFFECT OF LACK OF APPOINTMENT BY AP21 POINTMENT DATE.—If one or more appointments 

22 under subparagraph (A) of paragraph (1) is not 

23 made by the appointment date specified in para24 graph (2), the authority to make such appointment 

25 or appointments shall expire, and the number of 
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1 members of the Commission shall be reduced by the 

2 number equal to the number of appointments so not 

3 made. If an appointment under subparagraph (B), 

4 (C), (D), or (E) of paragraph (1) is not made by the 

5 appointment date specified in paragraph (2), the au6 thority to make an appointment under such subpara7 graph shall expire, and the number of members of 

8 the Commission shall be reduced by the number 

9 equal to the number otherwise appointable under 

10 such subparagraph. 

11 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem12 bers shall be appointed for the life of the Commission. Any 

13 vacancy in the Commission shall not affect its powers, but 

14 shall be filled in the same manner as the original appoint15 ment. 

16 (d) INITIAL MEETING.—Not later than 30 days after 

17 the date on which all members of the Commission have 

18 been appointed, the Commission shall hold its first meet19 ing. 

20 (e) MEETINGS.—The Commission shall meet at the 

21 call of the Chair. 

22 (f) QUORUM.—A majority of the members of the 

23 Commission shall constitute a quorum, but a lesser num24 ber of members may hold hearings. 
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1 (g) CHAIR AND VICE CHAIRMAN.—The Commission 

2 shall select a Chair and Vice Chair from among its mem3 bers. 

4 SEC. 1703. DUTIES OF THE COMMISSION. 

5 (a) STUDY.— 

6 (1) IN GENERAL.—The Commission shall un7 dertake a comprehensive study of the current struc8 ture of the Air Force to determine whether, and 

9 how, the structure should be modified to best fulfill 

10 current and anticipated mission requirements for the 

11 Air Force in a manner consistent with available re12 sources. 

13 (2) CONSIDERATIONS.—In considering an alter14 native structure for the Air Force, the Commission 

15 shall give particular consideration to identifying a 

16 structure that— 

17 (A) meets current and anticipated require18 ments of the combatant commands; 

19 (B) achieves an appropriate balance be20 tween the regular and reserve components of 

21 the Air Force, taking advantage of the unique 

22 strengths and capabilities of each; 

23 (C) ensures that the reserve components of 

24 the Air Force have the capacity needed to sup25 port current and anticipated homeland defense 
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1 and disaster assistance missions in the United 

2 States; 

3 (D) provides for sufficient numbers of reg4 ular members of the Air Force to provide a 

5 base of trained personnel from which the per6 sonnel of the reserve components of the Air 

7 Force could be recruited; 

8 (E) maintains a peacetime rotation force 

9 to avoid exceeding operational tempo goals of 

10 1:2 for regular members of the Air Forces and 

11 1:5 for members of the reserve components of 

12 the Air Force; and 

13 (F) maximizes achievable costs savings. 

14 (b) REPORT.—Not later than March 31, 2014, the 

15 Commission shall submit to the President and the con16 gressional defense committees a report which shall contain 

17 a detailed statement of the findings and conclusions of the 

18 Commission as a result of the study required by subsection 

19 (a), together with its recommendations for such legislation 

20 and administrative actions as it considers appropriate in 

21 light of the results of the study. 

22 SEC. 1704. POWERS OF THE COMMISSION. 

23 (a) HEARINGS.—The Commission may hold such 

24 hearings, sit and act at such times and places, take such 
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1 testimony, and receive such evidence as the Commission 

2 considers advisable to carry out this title. 

3 (b) INFORMATION FROM FEDERAL AGENCIES.—The 

4 Commission may secure directly from any Federal depart5 ment or agency such information as the Commission con6 siders necessary to carry out this title. Upon request of 

7 the Chair of the Commission, the head of such department 

8 or agency shall furnish such information to the Commis9 sion. 

10 (c) POSTAL SERVICES.—The Commission may use 

11 the United States mails in the same manner and under 

12 the same conditions as other departments and agencies of 

13 the Federal Government. 

14 (d) GIFTS.—The Commission may accept, use, and 

15 dispose of gifts or donations of services or property. 

16 SEC. 1705. COMMISSION PERSONNEL MATTERS. 

17 (a) COMPENSATION OF MEMBERS.—Each member of 

18 the Commission who is not an officer or employee of the 

19 Federal Government shall be compensated at a rate equal 

20 to the daily equivalent of the annual rate of basic pay pre21 scribed for level IV of the Executive Schedule under sec22 tion 5315 of title 5, United States Code, for each day (in23 cluding travel time) during which such member is engaged 

24 in the performance of the duties of the Commission. All 

25 members of the Commission who are officers or employees 
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1 of the United States shall serve without compensation in 

2 addition to that received for their services as officers or 

3 employees of the United States. 

4 (b) TRAVEL EXPENSES.—The members of the Com5 mission shall be allowed travel expenses, including per 

6 diem in lieu of subsistence, at rates authorized for employ7 ees of agencies under subchapter I of chapter 57 of title 

8 5, United States Code, while away from their homes or 

9 regular places of business in the performance of services 

10 for the Commission. 

11 (c) STAFF.— 

12 (1) IN GENERAL.—The Chair of the Commis13 sion may, without regard to the civil service laws 

14 and regulations, appoint and terminate an executive 

15 director and such other additional personnel as may 

16 be necessary to enable the Commission to perform 

17 its duties. The employment of an executive director 

18 shall be subject to confirmation by the Commission. 

19 (2) COMPENSATION.—The Chair of the Com20 mission may fix the compensation of the executive 

21 director and other personnel without regard to chap22 ter 51 and subchapter III of chapter 53 of title 5, 

23 United States Code, relating to classification of posi24 tions and General Schedule pay rates, except that 

25 the rate of pay for the executive director and other 
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1 personnel may not exceed the rate payable for level 

2 V of the Executive Schedule under section 5316 of 

3 such title. 

4 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

5 Federal Government employee may be detailed to the 

6 Commission without reimbursement, and such detail shall 

7 be without interruption or loss of civil service status or 

8 privilege. 

9 (e) PROCUREMENT OF TEMPORARY AND INTERMIT10 TENT SERVICES.—The Chair of the Commission may pro11 cure temporary and intermittent services under section 

12 3109(b) of title 5, United States Code, at rates for individ13 uals which do not exceed the daily equivalent of the annual 

14 rate of basic pay prescribed for level V of the Executive 

15 Schedule under section 5316 of such title. 

16 SEC. 1706. TERMINATION OF THE COMMISSION. 

17 The Commission shall terminate 90 days after the 

18 date on which the Commission submits its report under 

19 section 1703. 

20 SEC. 1707. FUNDING. 

21 Amounts authorized to be appropriated for fiscal year 

22 2013 and available for operation and maintenance for the 

23 Air Force as specified in the funding table in section 4301 

24 may be available for the activities of the Commission 

25 under this title. 
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1 SEC. 1708. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 REDUCTIONS TO THE AIR NATIONAL GUARD 

3 AND THE AIR FORCE RESERVE. 

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

5 be appropriated by this Act or otherwise made available 

6 for fiscal year 2013 for the Air Force may be used to di7 vest, retire, or transfer, or prepare to divest, retire, or 

8 transfer, any aircraft of the Air Force assigned to units 

9 of the Air National Guard or Air Force Reserve as of May 

10 31, 2012. 

11 (b) EXCEPTION.—The Secretary of the Air Force 

12 may divest or retire, or prepare to divest or retire, C–5A 

13 aircraft if the Secretary replaces such aircraft through a 

14 transfer of C–5B, C–5M, or C–17 mobility aircraft so as 

15 to maintain all Air National Guard and Air Force Reserve 

16 units impacted by such divestment or retirement at cur17 rent or higher assigned manpower levels to operate the 

18 aircraft so transferred. 

19 SEC. 1709. FUNDING FOR MAINTENANCE OF FORCE STRUC20 TURE OF THE AIR FORCE PENDING COMMIS21 SION RECOMMENDATIONS. 

22 There is hereby authorized to be appropriated to the 

23 Department of Defense for fiscal year 2013, 

24 $1,400,000,000 for the force structure of the Air Force. 

25 The amount authorized to be appropriated by this section 
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1 is in addition to any other amounts authorized to be ap2 propriated by this Act. 

3 SEC. 1710. RETENTION OF CORE FUNCTIONS OF THE ELEC4 TRONIC SYSTEMS CENTER AT HANSCOM AIR 

5 FORCE BASE PENDING FUTURE STRUCTURE 

6 STUDY. 

7 The Secretary of the Air Force shall retain the cur8 rent leadership rank and core functions of the Electronic 

9 Systems Center at Hanscom Air Force Base with the 

10 same integrated mission elements, responsibilities, and ca11 pabilities as existed as of November 1, 2011, until 180 

12 days after the National Commission on the Structure of 

13 the Air Force submits to the congressional defense com14 mittees the report required under section 1703. 

15 SEC. 1711. AIR FORCE ASSESSMENTS OF THE EFFECTS OF 

16 PROPOSED MOVEMENTS OF AIRFRAMES ON 

17 JOINT READINESS TRAINING. 

18 The Secretary of the Air Force shall— 

19 (1) undertake an assessment of the effects of 

20 currently-proposed movements of Air Force air21 frames on Green Flag East and Green Flag West 

22 joint readiness training; and 

23 (2) if the Secretary determines it appropriate, 

24 submit to the congressional defense committees a re25 port setting forth a proposal to make future replace-
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1 ments of capabilities for purposes of augmenting 

2 training at the joint readiness training center 

3 (JRTC) or for such other purposes as the Secretary 

4 considers appropriate. 

5 TITLE XVIII—FEDERAL ASSIST6 ANCE TO FIRE DEPARTMENTS 

7 Subtitle A—Fire Grants 

8 Reauthorization 

9 SEC. 1801. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Fire Grants Reau11 thorization Act of 2012’’. 

12 SEC. 1802. AMENDMENTS TO DEFINITIONS. 

13 (a) IN GENERAL.—Section 4 of the Federal Fire Pre14 vention and Control Act of 1974 (15 U.S.C. 2203) is 

15 amended— 

16 (1) in paragraph (3), by inserting ‘‘, except as 

17 otherwise provided,’’ after ‘‘means’’; 

18 (2) in paragraph (4), by striking ‘‘ ‘Director’ 

19 means’’ and all that follows through ‘‘Agency;’’ and 

20 inserting ‘‘ ‘Administrator of FEMA’ means the Ad21 ministrator of the Federal Emergency Management 

22 Agency;’’; 

23 (3) in paragraph (5)— 

24 (A) by inserting ‘‘Indian tribe,’’ after 

25 ‘‘county,’’; and 
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1 (B) by striking ‘‘and ‘firecontrol’ ’’ and in2 serting ‘‘and ‘fire control’ ’’; 

3 (4) by redesignating paragraphs (6) through 

4 (9) as paragraphs (7) through (10), respectively; 

5 (5) by inserting after paragraph (5), the fol6 lowing: 

7 ‘‘(6) ‘Indian tribe’ has the meaning given that 

8 term in section 4 of the Indian Self-Determination 

9 and Education Assistance Act (25 U.S.C. 450b) and 

10 ‘tribal’ means of or pertaining to an Indian tribe;’’; 

11 (6) by redesignating paragraphs (9) and (10), 

12 as redesignated by paragraph (4), as paragraphs 

13 (10) and (11); 

14 (7) by inserting after paragraph (8), as redesig15 nated by paragraph (4), the following: 

16 ‘‘(9) ‘Secretary’ means, except as otherwise pro17 vided, the Secretary of Homeland Security;’’; and 

18 (8) by amending paragraph (10), as redesig19 nated by paragraph (6), to read as follows: 

20 ‘‘(10) ‘State’ has the meaning given the term in 

21 section 2 of the Homeland Security Act of 2002 (6 

22 U.S.C. 101).’’. 

23 (b) CONFORMING AMENDMENTS.— 

24 (1) ADMINISTRATOR OF FEMA.—The Federal 

25 Fire Prevention and Control Act of 1974 (15 U.S.C. 
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1 2201 et seq.) is amended by striking ‘‘Director’’ 

2 each place it appears and inserting ‘‘Administrator 

3 of FEMA’’. 

4 (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec5 tion 15 of such Act (15 U.S.C. 2214) is amended by 

6 striking ‘‘Director’s Award’’ each place it appears 

7 and inserting ‘‘Administrator’s Award’’. 

8 SEC. 1803. ASSISTANCE TO FIREFIGHTERS GRANTS. 

9 Section 33 of the Federal Fire Prevention and Con10 trol Act of 1974 (15 U.S.C. 2229) is amended to read 

11 as follows: 

12 ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) ADMINISTRATOR OF FEMA.—The term 

15 ‘Administrator of FEMA’ means the Administrator 

16 of FEMA, acting through the Administrator. 

17 ‘‘(2) AVAILABLE GRANT FUNDS.—The term 

18 ‘available grant funds’, with respect to a fiscal year, 

19 means those funds appropriated pursuant to the au20 thorization of appropriations in subsection (q)(1) for 

21 such fiscal year less any funds used for administra22 tive costs pursuant to subsection (q)(2) in such fis23 cal year. 

24 ‘‘(3) CAREER FIRE DEPARTMENT.—The term 

25 ‘career fire department’ means a fire department 
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1 that has an all-paid force of firefighting personnel 

2 other than paid-on-call firefighters. 

3 ‘‘(4) COMBINATION FIRE DEPARTMENT.—The 

4 term ‘combination fire department’ means a fire de5 partment that has— 

6 ‘‘(A) paid firefighting personnel; and 

7 ‘‘(B) volunteer firefighting personnel. 

8 ‘‘(5) FIREFIGHTING PERSONNEL.—The term 

9 ‘firefighting personnel’ means individuals, including 

10 volunteers, who are firefighters, officers of fire de11 partments, or emergency medical service personnel 

12 of fire departments. 

13 ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— 

14 The term ‘institution of higher education’ has the 

15 meaning given such term in section 101 of the High16 er Education Act of 1965 (20 U.S.C. 1001). 

17 ‘‘(7) NONAFFILIATED EMS ORGANIZATION.— 

18 The term ‘nonaffiliated EMS organization’ means a 

19 public or private nonprofit emergency medical serv20 ices organization that is not affiliated with a hospital 

21 and does not serve a geographic area in which the 

22 Administrator of FEMA finds that emergency med23 ical services are adequately provided by a fire de24 partment. 
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1 ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ 

2 with respect to firefighting personnel means fire3 fighting personnel who are paid a stipend for each 

4 event to which they respond. 

5 ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The 

6 term ‘volunteer fire department’ means a fire de7 partment that has an all-volunteer force of fire8 fighting personnel. 

9 ‘‘(b) ASSISTANCE PROGRAM.— 

10 ‘‘(1) AUTHORITY.—In accordance with this sec11 tion, the Administrator of FEMA may award— 

12 ‘‘(A) assistance to firefighters grants under 

13 subsection (c); and 

14 ‘‘(B) fire prevention and safety grants and 

15 other assistance under subsection (d). 

16 ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad17 ministrator of FEMA shall— 

18 ‘‘(A) establish specific criteria for the se19 lection of grant recipients under this section; 

20 and 

21 ‘‘(B) provide assistance with application 

22 preparation to applicants for such grants. 

23 ‘‘(c) ASSISTANCE TO FIREFIGHTERS GRANTS.— 

24 ‘‘(1) IN GENERAL.—The Administrator of 

25 FEMA may, in consultation with the chief executives 
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1 of the States in which the recipients are located, 

2 award grants on a competitive basis directly to— 

3 ‘‘(A) fire departments, for the purpose of 

4 protecting the health and safety of the public 

5 and firefighting personnel throughout the 

6 United States against fire, fire-related, and 

7 other hazards; 

8 ‘‘(B) nonaffiliated EMS organizations to 

9 support the provision of emergency medical 

10 services; and 

11 ‘‘(C) State fire training academies for the 

12 purposes described in subparagraphs (G), (H), 

13 and (I) of paragraph (3). 

14 ‘‘(2) MAXIMUM GRANT AMOUNTS.— 

15 ‘‘(A) POPULATION.—The Administrator of 

16 FEMA may not award a grant under this sub17 section in excess of amounts as follows: 

18 ‘‘(i) In the case of a recipient that 

19 serves a jurisdiction with 100,000 people 

20 or fewer, the amount of the grant awarded 

21 to such recipient shall not exceed 

22 $1,000,000 in any fiscal year. 

23 ‘‘(ii) In the case of a recipient that 

24 serves a jurisdiction with more than 

25 100,000 people but not more than 500,000 
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1 people, the amount of the grant awarded 

2 to such recipient shall not exceed 

3 $2,000,000 in any fiscal year. 

4 ‘‘(iii) In the case of a recipient that 

5 serves a jurisdiction with more than 

6 500,000 but not more than 1,000,000 peo7 ple, the amount of the grant awarded to 

8 such recipient shall not exceed $3,000,000 

9 in any fiscal year. 

10 ‘‘(iv) In the case of a recipient that 

11 serves a jurisdiction with more than 

12 1,000,000 people but not more than 

13 2,500,000 people, the amount of the grant 

14 awarded to such recipient shall not exceed 

15 $6,000,000 for any fiscal year. 

16 ‘‘(v) In the case of a recipient that 

17 serves a jurisdiction with more than 

18 2,500,000 people, the amount of the grant 

19 awarded to such recipient shall not exceed 

20 $9,000,000 in any fiscal year. 

21 ‘‘(B) AGGREGATE.— 

22 ‘‘(i) IN GENERAL.—Notwithstanding 

23 subparagraphs (A) and (B) and except as 

24 provided under clause (ii), the Adminis25 trator of FEMA may not award a grant 
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1 under this subsection in a fiscal year in an 

2 amount that exceeds the amount that is 

3 one percent of the available grant funds in 

4 such fiscal year. 

5 ‘‘(ii) EXCEPTION.—The Administrator 

6 of FEMA may waive the limitation in 

7 clause (i) with respect to a grant recipient 

8 if the Administrator of FEMA determines 

9 that such recipient has an extraordinary 

10 need for a grant in an amount that exceeds 

11 the limit under clause (i). 

12 ‘‘(3) USE OF GRANT FUNDS.—Each entity re13 ceiving a grant under this subsection shall use the 

14 grant for one or more of the following purposes: 

15 ‘‘(A) To train firefighting personnel in— 

16 ‘‘(i) firefighting; 

17 ‘‘(ii) emergency medical services and 

18 other emergency response (including re19 sponse to natural disasters, acts of ter20 rorism, and other man-made disasters); 

21 ‘‘(iii) arson prevention and detection; 

22 ‘‘(iv) maritime firefighting; or 

23 ‘‘(v) the handling of hazardous mate24 rials. 
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1 ‘‘(B) To train firefighting personnel to 

2 provide any of the training described under sub3 paragraph (A). 

4 ‘‘(C) To fund the creation of rapid inter5 vention teams to protect firefighting personnel 

6 at the scenes of fires and other emergencies. 

7 ‘‘(D) To certify— 

8 ‘‘(i) fire inspectors; and 

9 ‘‘(ii) building inspectors— 

10 ‘‘(I) whose responsibilities include 

11 fire safety inspections; and 

12 ‘‘(II) who are employed by or 

13 serving as volunteers with a fire de14 partment. 

15 ‘‘(E) To establish wellness and fitness pro16 grams for firefighting personnel to ensure that 

17 the firefighting personnel are able to carry out 

18 their duties as firefighters, including programs 

19 dedicated to raising awareness of, and preven20 tion of, job-related mental health issues. 

21 ‘‘(F) To fund emergency medical services 

22 provided by fire departments and nonaffiliated 

23 EMS organizations. 
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1 ‘‘(G) To acquire additional firefighting ve2 hicles, including fire trucks and other appa3 ratus. 

4 ‘‘(H) To acquire additional firefighting 

5 equipment, including equipment for— 

6 ‘‘(i) fighting fires with foam in remote 

7 areas without access to water; and 

8 ‘‘(ii) communications, monitoring, and 

9 response to a natural disaster, act of ter10 rorism, or other man-made disaster, in11 cluding the use of a weapon of mass de12 struction. 

13 ‘‘(I) To acquire personal protective equip14 ment, including personal protective equip15 ment— 

16 ‘‘(i) prescribed for firefighting per17 sonnel by the Occupational Safety and 

18 Health Administration of the Department 

19 of Labor; or 

20 ‘‘(ii) for responding to a natural dis21 aster or act of terrorism or other man22 made disaster, including the use of a weap23 on of mass destruction. 
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1 ‘‘(J) To modify fire stations, fire training 

2 facilities, and other facilities to protect the 

3 health and safety of firefighting personnel. 

4 ‘‘(K) To educate the public about arson 

5 prevention and detection. 

6 ‘‘(L) To provide incentives for the recruit7 ment and retention of volunteer firefighting 

8 personnel for volunteer firefighting departments 

9 and other firefighting departments that utilize 

10 volunteers. 

11 ‘‘(M) To support such other activities, con12 sistent with the purposes of this subsection, as 

13 the Administrator of FEMA determines appro14 priate. 

15 ‘‘(d) FIRE PREVENTION AND SAFETY GRANTS.— 

16 ‘‘(1) IN GENERAL.—For the purpose of assist17 ing fire prevention programs and supporting fire18 fighter health and safety research and development, 

19 the Administrator of FEMA may, on a competitive 

20 basis— 

21 ‘‘(A) award grants to fire departments; 

22 ‘‘(B) award grants to, or enter into con23 tracts or cooperative agreements with, national, 

24 State, local, tribal, or nonprofit organizations 

25 that are not fire departments and that are rec-
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1 ognized for their experience and expertise with 

2 respect to fire prevention or fire safety pro3 grams and activities and firefighter research 

4 and development programs, for the purpose of 

5 carrying out— 

6 ‘‘(i) fire prevention programs; and 

7 ‘‘(ii) research to improve firefighter 

8 health and life safety; and 

9 ‘‘(C) award grants to institutions of higher 

10 education, national fire service organizations, or 

11 national fire safety organizations to establish 

12 and operate fire safety research centers. 

13 ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant 

14 awarded under this subsection may not exceed 

15 $1,500,000 for a fiscal year. 

16 ‘‘(3) USE OF GRANT FUNDS.—Each entity re17 ceiving a grant under this subsection shall use the 

18 grant for one or more of the following purposes: 

19 ‘‘(A) To enforce fire codes and promote 

20 compliance with fire safety standards. 

21 ‘‘(B) To fund fire prevention programs, in22 cluding programs that educate the public about 

23 arson prevention and detection. 

24 ‘‘(C) To fund wildland fire prevention pro25 grams, including education, awareness, and 
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1 mitigation programs that protect lives, prop2 erty, and natural resources from fire in the 

3 wildland-urban interface. 

4 ‘‘(D) In the case of a grant awarded under 

5 paragraph (1)(C), to fund the establishment or 

6 operation of a fire safety research center for the 

7 purpose of significantly reducing the number of 

8 fire-related deaths and injuries among fire9 fighters and the general public through re10 search, development, and technology transfer 

11 activities. 

12 ‘‘(E) To support such other activities, con13 sistent with the purposes of this subsection, as 

14 the Administrator of FEMA determines appro15 priate. 

16 ‘‘(4) LIMITATION.—None of the funds made 

17 available under this subsection may be provided to 

18 the Association of Community Organizations for Re19 form Now (ACORN) or any of its affiliates, subsidi20 aries, or allied organizations. 

21 ‘‘(e) APPLICATIONS FOR GRANTS.— 

22 ‘‘(1) IN GENERAL.—An entity seeking a grant 

23 under this section shall submit to the Administrator 

24 of FEMA an application therefor in such form and 
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1 in such manner as the Administrator of FEMA de2 termines appropriate. 

3 ‘‘(2) ELEMENTS.—Each application submitted 

4 under paragraph (1) shall include the following: 

5 ‘‘(A) A description of the financial need of 

6 the applicant for the grant. 

7 ‘‘(B) An analysis of the costs and benefits, 

8 with respect to public safety, of the use for 

9 which a grant is requested. 

10 ‘‘(C) An agreement to provide information 

11 to the national fire incident reporting system 

12 for the period covered by the grant. 

13 ‘‘(D) A list of other sources of funding re14 ceived by the applicant— 

15 ‘‘(i) for the same purpose for which 

16 the application for a grant under this sec17 tion was submitted; or 

18 ‘‘(ii) from the Federal Government for 

19 other fire-related purposes. 

20 ‘‘(E) Such other information as the Ad21 ministrator of FEMA determines appropriate. 

22 ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— 

23 ‘‘(A) IN GENERAL.—Two or more entities 

24 may submit an application under paragraph (1) 

25 for a grant under this section to fund a joint 
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1 program or initiative, including acquisition of 

2 shared equipment or vehicles. 

3 ‘‘(B) NONEXCLUSIVITY.—Applications 

4 under this paragraph may be submitted instead 

5 of or in addition to any other application sub6 mitted under paragraph (1). 

7 ‘‘(C) GUIDANCE.—The Administrator of 

8 FEMA shall— 

9 ‘‘(i) publish guidance on applying for 

10 and administering grants awarded for joint 

11 programs and initiatives described in sub12 paragraph (A); and 

13 ‘‘(ii) encourage applicants to apply for 

14 grants for joint programs and initiatives 

15 described in subparagraph (A) as the Ad16 ministrator of FEMA determines appro17 priate to achieve greater cost effectiveness 

18 and regional efficiency. 

19 ‘‘(f) PEER REVIEW OF GRANT APPLICATIONS.— 

20 ‘‘(1) IN GENERAL.—The Administrator of 

21 FEMA shall, after consultation with national fire 

22 service and emergency medical services organiza23 tions, appoint fire service personnel to conduct peer 

24 reviews of applications received under subsection 

25 (e)(1). 
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1 ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY

2 COMMITTEE ACT.—The Federal Advisory Committee 

3 Act (5 U.S.C. App.) shall not apply to activities car4 ried out pursuant to this subsection. 

5 ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In 

6 awarding grants under this section, the Administrator of 

7 FEMA shall consider the following: 

8 ‘‘(1) The findings and recommendations of the 

9 peer reviews carried out under subsection (f). 

10 ‘‘(2) The degree to which an award will reduce 

11 deaths, injuries, and property damage by reducing 

12 the risks associated with fire-related and other haz13 ards. 

14 ‘‘(3) The extent of the need of an applicant for 

15 a grant under this section and the need to protect 

16 the United States as a whole. 

17 ‘‘(4) The number of calls requesting or requir18 ing a fire fighting or emergency medical response re19 ceived by an applicant. 

20 ‘‘(h) ALLOCATION OF GRANT AWARDS.—In awarding 

21 grants under this section, the Administrator of FEMA 

22 shall ensure that of the available grant funds in each fiscal 

23 year— 

24 ‘‘(1) not less than 25 percent are awarded 

25 under subsection (c) to career fire departments; 
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1 ‘‘(2) not less than 25 percent are awarded 

2 under subsection (c) to volunteer fire departments; 

3 ‘‘(3) not less than 25 percent are awarded 

4 under subsection (c) to combination fire departments 

5 and fire departments using paid-on-call firefighting 

6 personnel; 

7 ‘‘(4) not less than 10 percent are available for 

8 open competition among career fire departments, 

9 volunteer fire departments, combination fire depart10 ments, and fire departments using paid-on-call fire11 fighting personnel for grants awarded under sub12 section (c); 

13 ‘‘(5) not less than 10 percent are awarded 

14 under subsection (d); and 

15 ‘‘(6) not more than 2 percent are awarded 

16 under this section to nonaffiliated EMS organiza17 tions described in subsection (c)(1)(B). 

18 ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA19 TIONS.— 

20 ‘‘(1) FUNDING FOR EMERGENCY MEDICAL

21 SERVICES.—Not less than 3.5 percent of the avail22 able grant funds for a fiscal year shall be awarded 

23 under this section for purposes described in sub24 section (c)(3)(F). 

25 ‘‘(2) STATE FIRE TRAINING ACADEMIES.— 
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1 ‘‘(A) MAXIMUM SHARE.—Not more than 3 

2 percent of the available grant funds for a fiscal 

3 year may be awarded under subsection 

4 (c)(1)(C). 

5 ‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad6 ministrator of FEMA may not award a grant 

7 under subsection (c)(1)(C) to a State fire train8 ing academy in an amount that exceeds 

9 $1,000,000 in any fiscal year. 

10 ‘‘(3) AMOUNTS FOR PURCHASING FIRE11 FIGHTING VEHICLES.—Not more than 25 percent of 

12 the available grant funds for a fiscal year may be 

13 used to assist grant recipients to purchase vehicles 

14 pursuant to subsection (c)(3)(G). 

15 ‘‘(j) FURTHER CONSIDERATIONS.— 

16 ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS TO

17 FIRE DEPARTMENTS.—In considering applications 

18 for grants under subsection (c)(1)(A), the Adminis19 trator of FEMA shall consider— 

20 ‘‘(A) the extent to which the grant would 

21 enhance the daily operations of the applicant 

22 and the impact of such a grant on the protec23 tion of lives and property; and 
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1 ‘‘(B) a broad range of factors important to 

2 the applicant’s ability to respond to fires and 

3 related hazards, such as the following: 

4 ‘‘(i) Population served. 

5 ‘‘(ii) Geographic response area. 

6 ‘‘(iii) Hazards vulnerability. 

7 ‘‘(iv) Call volume. 

8 ‘‘(v) Financial situation, including un9 employment rate of the area being served. 

10 ‘‘(vi) Need for training or equipment. 

11 ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS

12 ORGANIZATIONS.—In the case of an application sub13 mitted under subsection (e)(1) by a nonaffiliated 

14 EMS organization, the Administrator of FEMA 

15 shall consider the extent to which other sources of 

16 Federal funding are available to the applicant to 

17 provide the assistance requested in such application. 

18 ‘‘(3) AWARDING FIRE PREVENTION AND SAFE19 TY GRANTS TO CERTAIN ORGANIZATIONS THAT ARE

20 NOT FIRE DEPARTMENTS.—In the case of applicants 

21 for grants under this section who are described in 

22 subsection (d)(1)(B), the Administrator of FEMA 

23 shall give priority to applicants who focus on— 

24 ‘‘(A) prevention of injuries to high risk 

25 groups from fire; and 
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1 ‘‘(B) research programs that demonstrate 

2 a potential to improve firefighter safety. 

3 ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE4 SEARCH CENTERS.— 

5 ‘‘(A) CONSIDERATIONS.—In awarding 

6 grants under subsection (d)(1)(C), the Adminis7 trator of FEMA shall— 

8 ‘‘(i) select each grant recipient on— 

9 ‘‘(I) the demonstrated research 

10 and extension resources available to 

11 the recipient to carry out the re12 search, development, and technology 

13 transfer activities; 

14 ‘‘(II) the capability of the recipi15 ent to provide leadership in making 

16 national contributions to fire safety; 

17 ‘‘(III) the recipient’s ability to 

18 disseminate the results of fire safety 

19 research; and 

20 ‘‘(IV) the strategic plan the re21 cipient proposes to carry out under 

22 the grant; 

23 ‘‘(ii) give special consideration in se24 lecting recipients under subparagraph (A) 
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1 to an applicant for a grant that consists of 

2 a partnership between— 

3 ‘‘(I) a national fire service orga4 nization or a national fire safety orga5 nization; and 

6 ‘‘(II) an institution of higher 

7 education, including a minority-serv8 ing institution (as described in section 

9 371(a) of the Higher Education Act 

10 of 1965 (20 U.S.C. 1067q(a))); and 

11 ‘‘(iii) consider the research needs 

12 identified and prioritized through the 

13 workshop required by subparagraph (B)(i). 

14 ‘‘(B) RESEARCH NEEDS.— 

15 ‘‘(i) IN GENERAL.—Not later than 90 

16 days after the date of the enactment of the 

17 Fire Grants Reauthorization Act of 2012, 

18 the Administrator of FEMA shall convene 

19 a workshop of the fire safety research com20 munity, fire service organizations, and 

21 other appropriate stakeholders to identify 

22 and prioritize fire safety research needs. 

23 ‘‘(ii) PUBLICATION.—The Adminis24 trator of FEMA shall ensure that the re-
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1 sults of the workshop are made available to 

2 the public. 

3 ‘‘(C) LIMITATIONS ON GRANTS FOR FIRE

4 SAFETY RESEARCH CENTERS.— 

5 ‘‘(i) IN GENERAL.—The Administrator 

6 of FEMA may award grants under sub7 section (d) to establish not more than 3 

8 fire safety research centers. 

9 ‘‘(ii) RECIPIENTS.—An institution of 

10 higher education, a national fire service or11 ganization, and a national fire safety orga12 nization may not directly receive a grant 

13 under subsection (d) for a fiscal year for 

14 more than 1 fire safety research center. 

15 ‘‘(5) AVOIDING DUPLICATION.—The Adminis16 trator of FEMA shall review lists submitted by ap17 plicants pursuant to subsection (e)(2)(D) and take 

18 such actions as the Administrator of FEMA con19 siders necessary to prevent unnecessary duplication 

20 of grant awards. 

21 ‘‘(k) MATCHING AND MAINTENANCE OF EXPENDI22 TURE REQUIREMENTS.— 

23 ‘‘(1) MATCHING REQUIREMENT FOR ASSIST24 ANCE TO FIREFIGHTERS GRANTS.— 
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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), an applicant seeking a grant 

3 to carry out an activity under subsection (c) 

4 shall agree to make available non-Federal funds 

5 to carry out such activity in an amount equal 

6 to not less than 15 percent of the grant award7 ed to such applicant under such subsection. 

8 ‘‘(B) EXCEPTION FOR ENTITIES SERVING

9 SMALL COMMUNITIES.—In the case that an ap10 plicant seeking a grant to carry out an activity 

11 under subsection (c) serves a jurisdiction of— 

12 ‘‘(i) more than 20,000 residents but 

13 not more than 1,000,000 residents, the ap14 plication shall agree to make available non15 Federal funds in an amount equal to not 

16 less than 10 percent of the grant awarded 

17 to such applicant under such subsection; 

18 and 

19 ‘‘(ii) 20,000 residents or fewer, the 

20 applicant shall agree to make available 

21 non-Federal funds in an amount equal to 

22 not less than 5 percent of the grant award23 ed to such applicant under such sub24 section. 
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1 ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE2 VENTION AND SAFETY GRANTS.— 

3 ‘‘(A) IN GENERAL.—An applicant seeking 

4 a grant to carry out an activity under sub5 section (d) shall agree to make available non6 Federal funds to carry out such activity in an 

7 amount equal to not less than 5 percent of the 

8 grant awarded to such applicant under such 

9 subsection. 

10 ‘‘(B) MEANS OF MATCHING.—An applicant 

11 for a grant under subsection (d) may meet the 

12 matching requirement under subparagraph (A) 

13 through direct funding, funding of complemen14 tary activities, or the provision of staff, facili15 ties, services, material, or equipment. 

16 ‘‘(3) MAINTENANCE OF EXPENDITURES.—An 

17 applicant seeking a grant under subsection (c) or (d) 

18 shall agree to maintain during the term of the grant 

19 the applicant’s aggregate expenditures relating to 

20 the uses described in subsections (c)(3) and (d)(3) 

21 at not less than 80 percent of the average amount 

22 of such expenditures in the 2 fiscal years preceding 

23 the fiscal year in which the grant amounts are re24 ceived. 

25 ‘‘(4) WAIVER.— 
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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (C)(ii), the Administrator of 

3 FEMA may waive or reduce the requirements 

4 of paragraphs (1), (2), and (3) in cases of dem5 onstrated economic hardship. 

6 ‘‘(B) GUIDELINES.— 

7 ‘‘(i) IN GENERAL.—The Administrator 

8 of FEMA shall establish and publish 

9 guidelines for determining what constitutes 

10 economic hardship for purposes of this 

11 paragraph. 

12 ‘‘(ii) CONSULTATION.—In developing 

13 guidelines under clause (i), the Adminis14 trator of FEMA shall consult with individ15 uals who are— 

16 ‘‘(I) recognized for expertise in 

17 firefighting, emergency medical serv18 ices provided by fire services, or the 

19 economic affairs of State and local 

20 governments; and 

21 ‘‘(II) members of national fire 

22 service organizations or national orga23 nizations representing the interests of 

24 State and local governments. 
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1 ‘‘(iii) CONSIDERATIONS.—In devel2 oping guidelines under clause (i), the Ad3 ministrator of FEMA shall consider, with 

4 respect to relevant communities, the fol5 lowing: 

6 ‘‘(I) Changes in rates of unem7 ployment from previous years. 

8 ‘‘(II) Whether the rates of unem9 ployment of the relevant communities 

10 are currently and have consistently ex11 ceeded the annual national average 

12 rates of unemployment. 

13 ‘‘(III) Changes in percentages of 

14 individuals eligible to receive food 

15 stamps from previous years. 

16 ‘‘(IV) Such other factors as the 

17 Administrator of FEMA considers ap18 propriate. 

19 ‘‘(C) CERTAIN APPLICANTS FOR FIRE PRE20 VENTION AND SAFETY GRANTS.—The authority 

21 under subparagraph (A) shall not apply with 

22 respect to a nonprofit organization that— 

23 ‘‘(i) is described in subsection 

24 (d)(1)(B); and 
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1 ‘‘(ii) is not a fire department or emer2 gency medical services organization. 

3 ‘‘(l) GRANT GUIDELINES.— 

4 ‘‘(1) GUIDELINES.—For each fiscal year, prior 

5 to awarding any grants under this section, the Ad6 ministrator of FEMA shall publish in the Federal 

7 Register— 

8 ‘‘(A) guidelines that describe— 

9 ‘‘(i) the process for applying for 

10 grants under this section; and 

11 ‘‘(ii) the criteria that will be used for 

12 selecting grant recipients; and 

13 ‘‘(B) an explanation of any differences be14 tween such guidelines and the recommendations 

15 obtained under paragraph (2). 

16 ‘‘(2) ANNUAL MEETING TO OBTAIN REC17 OMMENDATIONS.— 

18 ‘‘(A) IN GENERAL.—For each fiscal year, 

19 the Administrator of FEMA shall convene a 

20 meeting of qualified members of national fire 

21 service organizations and, at the discretion of 

22 the Administrator of FEMA, qualified members 

23 of emergency medical service organizations to 

24 obtain recommendations regarding the fol25 lowing: 
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1 ‘‘(i) Criteria for the awarding of 

2 grants under this section. 

3 ‘‘(ii) Administrative changes to the as4 sistance program established under sub5 section (b). 

6 ‘‘(B) QUALIFIED MEMBERS.—For purposes 

7 of this paragraph, a qualified member of an or8 ganization is a member who— 

9 ‘‘(i) is recognized for expertise in fire10 fighting or emergency medical services; 

11 ‘‘(ii) is not an employee of the Federal 

12 Government; and 

13 ‘‘(iii) in the case of a member of an 

14 emergency medical service organization, is 

15 a member of an organization that rep16 resents— 

17 ‘‘(I) providers of emergency med18 ical services that are affiliated with 

19 fire departments; or 

20 ‘‘(II) nonaffiliated EMS pro21 viders. 

22 ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY

23 COMMITTEE ACT.—The Federal Advisory Committee 

24 Act (5 U.S.C. App.) shall not apply to activities car25 ried out under this subsection. 
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1 ‘‘(m) ACCOUNTING DETERMINATION.—Notwith2 standing any other provision of law, for purposes of this 

3 section, equipment costs shall include all costs attributable 

4 to any design, purchase of components, assembly, manu5 facture, and transportation of equipment not otherwise 

6 commercially available. 

7 ‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF ALASKA

8 NATIVE VILLAGES.—The Alaska Village Initiatives, a 

9 non-profit organization incorporated in the State of Alas10 ka, shall be eligible to apply for and receive a grant or 

11 other assistance under this section on behalf of Alaska Na12 tive villages. 

13 ‘‘(o) TRAINING STANDARDS.—If an applicant for a 

14 grant under this section is applying for such grant to pur15 chase training that does not meet or exceed any applicable 

16 national voluntary consensus standards, including those 

17 developed under section 647 of the Post-Katrina Emer18 gency Management Reform Act of 2006 (6 U.S.C. 747), 

19 the applicant shall submit to the Administrator of FEMA 

20 an explanation of the reasons that the training proposed 

21 to be purchased will serve the needs of the applicant better 

22 than training that meets or exceeds such standards. 

23 ‘‘(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 

25 during the term of a grant awarded under this sec-
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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 of the House of Representatives a report 

12 that provides— 

13 ‘‘(i) information on the performance 

14 assessment system developed under para15 graph (2); and 

16 ‘‘(ii) using the performance metrics 

17 developed under such paragraph, an eval18 uation of the effectiveness of the grants 

19 awarded under this section. 

20 ‘‘(B) ADDITIONAL INFORMATION.—The re21 port due under subparagraph (A) on September 

22 30, 2016, shall also include recommendations 

23 for legislative changes to improve grants under 

24 this section. 

25 ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— 
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1 ‘‘(1) IN GENERAL.—There is authorized to be 

2 appropriated to carry out this section— 

3 ‘‘(A) $750,000,000 for fiscal year 2013; 

4 and 

5 ‘‘(B) for each of fiscal years 2014 through 

6 2017, an amount equal to the amount author7 ized for the previous fiscal year increased by 

8 the percentage by which— 

9 ‘‘(i) the Consumer Price Index (all 

10 items, United States city average) for the 

11 previous fiscal year, exceeds 

12 ‘‘(ii) the Consumer Price Index for 

13 the fiscal year preceding the fiscal year de14 scribed in clause (i). 

15 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 

16 amounts appropriated pursuant to paragraph (1) for 

17 a fiscal year, the Administrator of FEMA may use 

18 not more than 5 percent of such amounts for sala19 ries and expenses and other administrative costs in20 curred by the Administrator of FEMA in the course 

21 of awarding grants and providing assistance under 

22 this section. 

23 ‘‘(3) CONGRESSIONALLY DIRECTED SPEND24 ING.—Consistent with the requirements in sub25 sections (c)(1) and (d)(1) that grants under those 
906 

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1 subsections be awarded on a competitive basis, none 

2 of the funds appropriated pursuant to this sub3 section may be used for any congressionally directed 

4 spending item (as defined under the rules of the 

5 Senate and the House of Representatives). 

6 ‘‘(r) SUNSET OF AUTHORITIES.—The authority to 

7 award assistance and grants under this section shall expire 

8 on the date that is 5 years after the date of the enactment 

9 of the Fire Grants Reauthorization Act of 2012.’’. 

10 SEC. 1804. STAFFING FOR ADEQUATE FIRE AND EMER11 GENCY RESPONSE. 

12 (a) IMPROVEMENTS TO HIRING GRANTS.— 

13 (1) TERM OF GRANTS.—Subparagraph (B) of 

14 section 34(a)(1) of the Federal Fire Prevention and 

15 Control Act of 1974 (15 U.S.C. 2229a(a)(1)) is 

16 amended to read as follows: 

17 ‘‘(B) Grants made under this paragraph shall 

18 be for 3 years and be used for programs to hire new, 

19 additional firefighters.’’. 

20 (2) LIMITATION OF PORTION OF COSTS OF HIR21 ING FIREFIGHTERS.—Subparagraph (E) of such sec22 tion is amended to read as follows: 

23 ‘‘(E) The portion of the costs of hiring fire24 fighters provided by a grant under this paragraph 

25 may not exceed— 
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1 ‘‘(i) 75 percent in the first year of the 

2 grant; 

3 ‘‘(ii) 75 percent in the second year of the 

4 grant; and 

5 ‘‘(iii) 35 percent in the third year of the 

6 grant.’’. 

7 (b) CLARIFICATION REGARDING ELIGIBLE ENTITIES

8 FOR RECRUITMENT AND RETENTION GRANTS.—The sec9 ond sentence of section 34(a)(2) of such Act (15 U.S.C. 

10 2229a(a)(2)) is amended by striking ‘‘organizations on a 

11 local or statewide basis’’ and inserting ‘‘national, State, 

12 local, or tribal organizations’’. 

13 (c) MAXIMUM AMOUNT FOR HIRING A FIRE14 FIGHTER.—Paragraph (4) of section 34(c) of such Act (15 

15 U.S.C. 2229a(c)) is amended to read as follows: 

16 ‘‘(4) The amount of funding provided under this sec17 tion to a recipient fire department for hiring a firefighter 

18 in any fiscal year may not exceed— 

19 ‘‘(A) in the first year of the grant, 75 percent 

20 of the usual annual cost of a first-year firefighter in 

21 that department at the time the grant application 

22 was submitted; 

23 ‘‘(B) in the second year of the grant, 75 per24 cent of the usual annual cost of a first-year fire-
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1 fighter in that department at the time the grant ap2 plication was submitted; and 

3 ‘‘(C) in the third year of the grant, 35 percent 

4 of the usual annual cost of a first-year firefighter in 

5 that department at the time the grant application 

6 was submitted.’’. 

7 (d) WAIVERS.—Section 34 of such Act (15 U.S.C. 

8 2229a) is amended— 

9 (1) by redesignating subsections (d) through (i) 

10 as subsections (e) through (j), respectively; and 

11 (2) by inserting after subsection (c) the fol12 lowing: 

13 ‘‘(d) WAIVERS.— 

14 ‘‘(1) IN GENERAL.—In a case of demonstrated 

15 economic hardship, the Administrator of FEMA 

16 may— 

17 ‘‘(A) waive the requirements of subsection 

18 (c)(1); or 

19 ‘‘(B) waive or reduce the requirements in 

20 subsection (a)(1)(E) or subsection (c)(2). 

21 ‘‘(2) GUIDELINES.— 

22 ‘‘(A) IN GENERAL.—The Administrator of 

23 FEMA shall establish and publish guidelines for 

24 determining what constitutes economic hardship 

25 for purposes of paragraph (1). 
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1 ‘‘(B) CONSULTATION.—In developing 

2 guidelines under subparagraph (A), the Admin3 istrator of FEMA shall consult with individuals 

4 who are— 

5 ‘‘(i) recognized for expertise in fire6 fighting, emergency medical services pro7 vided by fire services, or the economic af8 fairs of State and local governments; and 

9 ‘‘(ii) members of national fire service 

10 organizations or national organizations 

11 representing the interests of State and 

12 local governments. 

13 ‘‘(C) CONSIDERATIONS.—In developing 

14 guidelines under subparagraph (A), the Admin15 istrator of FEMA shall consider, with respect to 

16 relevant communities, the following: 

17 ‘‘(i) Changes in rates of unemploy18 ment from previous years. 

19 ‘‘(ii) Whether the rates of unemploy20 ment of the relevant communities are cur21 rently and have consistently exceeded the 

22 annual national average rates of unemploy23 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 of the House of Representatives a 

5 report on’’. 

6 (2) CONFORMING AMENDMENT.—The heading 

7 for subsection (f) of section 34 of such Act (15 

8 U.S.C. 2229a), as redesignated by subsection (d)(1) 

9 of this section, is amended by striking ‘‘SUNSET AND

10 REPORTS’’ and inserting ‘‘REPORT’’. 

11 (g) ADDITIONAL DEFINITIONS.— 

12 (1) IN GENERAL.—Subsection (i) 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 the matter before paragraph (1), by 

16 striking ‘‘In this section, the term—’’ and in17 serting ‘‘In this section:’’; 

18 (B) in paragraph (1)— 

19 (i) by inserting ‘‘The term’’ before 

20 ‘‘ ‘firefighter’ has’’; and 

21 (ii) by striking ‘‘; and’’ and inserting 

22 a period; 

23 (C) by striking paragraph (2); and 

24 (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. 
916 

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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 title. 

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 
917 

†S 3254 ES

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, 
918 

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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 
920 

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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 
921 

†S 3254 ES

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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†S 3254 ES

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 

24 (b)(3)(A), the Task Force shall submit to Con-
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†S 3254 ES

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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†S 3254 ES

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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†S 3254 ES

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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†S 3254 ES

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 TITLE XIX—MEMORIAL TO 

6 SLAVES AND FREE BLACK 

7 PERSONS WHO SERVED IN 

8 THE AMERICAN REVOLUTION 

9 SEC. 1901. FINDING. 

10 Congress finds that the contributions of free persons 

11 and slaves who fought during the American Revolution 

12 were of preeminent historical and lasting significance to 

13 the United States, as required by section 8908(b)(1) of 

14 title 40, United States Code. 

15 SEC. 1902. DEFINITIONS. 

16 In this title: 

17 (1) FEDERAL LAND.— 

18 (A) IN GENERAL.—The term ‘‘Federal 

19 land’’ means the parcel of land— 

20 (i) identified as ‘‘Area I’’; and 

21 (ii) depicted on the map numbered 

22 869/86501B and dated June 24, 2003. 

23 (B) EXCLUSION.—The term ‘‘Federal 

24 land’’ does not include the Reserve (as defined 
928 

†S 3254 ES

1 in section 8902(a) of title 40, United States 

2 Code). 

3 (2) MEMORIAL.—The term ‘‘memorial’’ means 

4 the memorial authorized to be established under sec5 tion 3(a). 

6 SEC. 1903. MEMORIAL AUTHORIZATION. 

7 (a) AUTHORIZATION.—In accordance with sub8 sections (b) and (c), National Mall Liberty Fund D.C. 

9 may establish a memorial on Federal land in the District 

10 of Columbia to honor the more than 5,000 courageous 

11 slaves and free Black persons who served as soldiers and 

12 sailors or provided civilian assistance during the American 

13 Revolution. 

14 (b) PROHIBITION ON USE OF FEDERAL FUNDS.— 

15 National Mall Liberty Fund D.C. may not use Federal 

16 funds to establish the memorial. 

17 (c) APPLICABLE LAW.—National Mall Liberty Fund 

18 D.C. shall establish the memorial in accordance with chap19 ter 89 of title 40, United States Code. 

20 SEC. 1904. REPEAL OF JOINT RESOLUTIONS. 

21 Public Law 99–558 (110 Stat. 3144) and Public Law 

22 100–265 (102 Stat. 39) are repealed. 
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1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS 

4 SEC. 2001. SHORT TITLE. 

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2013’’. 

7 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

8 AMOUNTS REQUIRED TO BE SPECIFIED BY 

9 LAW. 

10 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

11 YEARS.—Except as provided in subsection (b), all author12 izations contained in titles XXI through XXVII for mili13 tary construction projects, land acquisition, family housing 

14 projects and facilities, and contributions to the North At15 lantic Treaty Organization Security Investment Program 

16 (and authorizations of appropriations therefor) shall ex17 pire on the later of— 

18 (1) October 1, 2015; or 

19 (2) the date of the enactment of an Act author20 izing funds for military construction for fiscal year 

21 2016. 

22 (b) EXCEPTION.—Subsection (a) shall not apply to 

23 authorizations for military construction projects, land ac24 quisition, family housing projects and facilities, and con25 tributions to the North Atlantic Treaty Organization Se-
930 

†S 3254 ES

1 curity Investment Program (and authorizations of appro2 priations therefor), for which appropriated funds have 

3 been obligated before the later of— 

4 (1) October 1, 2015; or 

5 (2) the date of the enactment of an Act author6 izing funds for fiscal year 2016 for military con7 struction projects, land acquisition, family housing 

8 projects and facilities, or contributions to the North 

9 Atlantic Treaty Organization Security Investment 

10 Program. 

11 TITLE XXI—ARMY MILITARY 

12 CONSTRUCTION 

13 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

14 ACQUISITION PROJECTS. 

15 (a) INSIDE THE UNITED STATES.—Using amounts 

16 appropriated pursuant to the authorization of appropria17 tions in section 2103 and available for military construc18 tion projects inside the United States as specified in the 

19 funding table in section 4601, the Secretary of the Army 

20 may acquire real property and carry out military construc21 tion projects for the installations or locations inside the 

22 United States, and in the amounts, set forth in the fol23 lowing table: 

Army: Inside the United States 

State Installation or Location Amount 

Alaska ...................... Fort Wainwright .......................................... $10,400,000 

Joint Base Elmendorf-Richardson ............... $7,900,000 
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Army: Inside the United States—Continued 

State Installation or Location Amount 

California ................. Concord ........................................................ $8,900,000 

Colorado ................... Fort Carson .................................................. $18,000,000 

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 

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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2103 and available for military construc4 tion projects outside the United States as specified in the 

5 funding table in section 4601, the Secretary of the Army 

6 may acquire real property and carry out military construc7 tion projects for the installations or locations outside the 

8 United States, and in the amounts, set forth in the fol9 lowing table: 

Army: Outside the United States 

Country Installation or Location Amount 

Italy ............................ Camp Ederle .............................................. $36,000,000 

Vicenza ...................................................... $32,000,000 

Japan ......................... Okinawa ..................................................... $78,000,000 

Sagami ....................................................... $18,000,000 

Korea .......................... Camp Humphreys ...................................... $45,000,000 
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†S 3254 ES

1 SEC. 2102. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2103 and available for 

4 military family housing functions as specified in the fund5 ing table in section 4601, the Secretary of the Army may 

6 carry out architectural and engineering services and con7 struction design activities with respect to the construction 

8 or improvement of family housing units in an amount not 

9 to exceed $4,641,000. 

10 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal years beginning after September 30, 2012, for mili13 tary construction, land acquisition, and military family 

14 housing functions of the Department of the Army, as spec15 ified in the funding table in section 4601. 

16 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 

17 CERTAIN FISCAL YEAR 2010 PROJECT. 

18 In the case of the authorization contained in the table 

19 in section 2101(a) of the Military Construction Authoriza20 tion Act for Fiscal Year 2010 (division B of Public Law 

21 111–84; 123 Stat. 2628) for Fort Belvoir, Virginia, for 

22 construction of a Road and Access Control Point at the 

23 installation, the Secretary of the Army may construct a 

24 standard design Access Control Point consistent with the 

25 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/Country Installation or 

Location Project Amount 

Louisiana ........... Fort Polk ............. Land Purchases and Condemnation.$17,000,000 

New Jersey ........ Picatinny Arsenal Ballistic Evaluation Facility, 

Ph2.

$10,200,000 

Virginia .............. Fort Belvoir ......... Road and Access Control 

Point.

$9,500,000 

Washington ........ Fort Lewis ........... Fort Lewis-McCord AFB 

Joint Access.

$9,000,000 

Kuwait ............... Kuwait .................. APS Warehouses ................... $82,000,000 

5 SEC. 2107. ADDITIONAL AUTHORITY TO CARRY OUT CER6 TAIN FISCAL YEAR 2013 PROJECT. 

7 (a) PROJECT AUTHORIZATION.—The Secretary of 

8 the Army may carry out a military construction project 

9 to construct a cadet barracks at the U.S. Military Acad10 emy, New York, in the amount of $192,000,000. 

11 (b) USE OF UNOBLIGATED PRIOR-YEAR MILITARY

12 CONSTRUCTION FUNDS.—The Secretary of the Army shall 

13 use available, unobligated military construction funds ap14 propriated for a fiscal year before fiscal year 2013 for the 

15 project described in subsection (a). 

16 (c) CONGRESSIONAL NOTIFICATION.—The Secretary 

17 of the Army shall provide information in accordance with 

18 section 2851(c) of title 10, United States Code, regarding 

19 the project described in subsection (a). If it becomes nec-
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†S 3254 ES

1 essary to exceed the estimated project cost, the Secretary 

2 shall utilize the authority provided by section 2853 of such 

3 title regarding authorized cost and scope of work vari4 ations. 

5 TITLE XXII—NAVY MILITARY 

6 CONSTRUCTION 

7 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

8 ACQUISITION PROJECTS. 

9 (a) INSIDE THE UNITED STATES.—Using amounts 

10 appropriated pursuant to the authorization of appropria11 tions in section 2204 and available for military construc12 tion projects inside the United States as specified in the 

13 funding table in section 4601, the Secretary of the Navy 

14 may acquire real property and carry out military construc15 tion projects for the installations or locations inside the 

16 United States, and in the amounts, set forth in the fol17 lowing table: 

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 

San Diego ...................................................... $71,188,000 

Seal Beach .................................................... $30,594,000 

Twentynine Palms ......................................... $47,270,000 

Ventura County ............................................. $12,790,000 

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 
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Inside the United States—Continued 

State Installation or Location Amount 

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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204 and available for military construc4 tion projects outside the United States as specified in the 

5 funding table in section 4601, the Secretary of the Navy 

6 may acquire real property and carry out military construc7 tion projects for the installation or location outside the 

8 United States, and in the amounts, set forth in the fol9 lowing table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain Island ........... SW Asia ....................................................... $51,348,000 

Diego Garcia .............. Diego Garcia ................................................ $1,691,000 

Djibouti ...................... Camp Lemonier ............................................ $99,420,000 

Greece ........................ Souda Bay .................................................... $25,123,000 

Japan ......................... Iwakuni ........................................................ $13,138,000 

Okinawa ....................................................... $8,206,000 

Romania ..................... Deveselu ....................................................... $45,205,000 

Spain .......................... Rota .............................................................. $17,215,000 

Worldwide Unspecified Unspecified Worldwide Locations ................ $34,048,000 

10 SEC. 2202. FAMILY HOUSING. 

11 Using amounts appropriated pursuant to the author12 ization of appropriations in section 2204 and available for 

13 military family housing functions as specified in the fund14 ing table in section 4601, the Secretary of the Navy may 

15 carry out architectural and engineering services and con16 struction design activities with respect to the construction 
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†S 3254 ES

1 or improvement of family housing units in an amount not 

2 to exceed $4,527,000. 

3 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

4 UNITS. 

5 Subject to section 2825 of title 10, United States 

6 Code, and using amounts appropriated pursuant to the 

7 authorization of appropriations in section 2204 and avail8 able for military family housing functions as specified in 

9 the funding table in section 4601, the Secretary of the 

10 Navy may improve existing military family housing units 

11 in an amount not to exceed $97,655,000. 

12 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2012, for mili15 tary construction, land acquisition, and military family 

16 housing functions of the Department of the Navy, as spec17 ified in the funding table in 4601, including incremental 

18 funding for the construction of increment 2 of explosives 

19 handling wharf 2 at Kitsap, Washington, authorized by 

20 section 2201(a) of the Military Construction Authorization 

21 Act for Fiscal Year 2012 (division B of Public Law 112– 

22 81; 125 Stat. 1666), $254,241,000. 
938 

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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 #2 

8 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 SEC. 2208. REALIGNMENT OF MARINES IN THE ASIA-PA2 CIFIC REGION. 

3 (a) RESTRICTION ON USE OF FUNDS.—Except as 

4 provided in subsection (c), none of the funds authorized 

5 to be appropriated under this Act, and none of the 

6 amounts provided by the Government of Japan for con7 struction activities on land under the jurisdiction of the 

8 Department of Defense, may be obligated or expended to 

9 implement the realignment of Marine Corps forces from 

10 Okinawa to other locations until— 

11 (1) the Commander of the United States Pa12 cific Command provides to the congressional defense 

13 committees an assessment of the strategic and 

14 logistical resources needed to ensure the distributed 

15 lay-down of members of the United States Marine 

16 Corps in the United States Pacific Command Area 

17 of Responsibility meets the contingency operations 

18 plans; 

19 (2) the Secretary of Defense submits to the 

20 congressional defense committees master plans for 

21 the construction of facilities and infrastructure to 

22 execute the Marine Corps distributed lay-down on 

23 Guam, Australia, and Hawaii, including a detailed 

24 description of costs and the schedule for such con25 struction; 
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1 (3) the Secretary of the Navy submits a plan to 

2 the congressional defense committees detailing the 

3 proposed investments and schedules required to re4 store facilities and infrastructure at Marine Corps 

5 Air Station Futenma; and 

6 (4) a plan coordinated by all pertinent Federal 

7 agencies is provided to the congressional defense 

8 committees detailing descriptions of work, costs, and 

9 a schedule for completion of construction, improve10 ments, and repairs to the non-military utilities, fa11 cilities, and infrastructure, if any, on Guam affected 

12 by the realignment of forces. 

13 (b) DEVELOPMENT OF PUBLIC INFRASTRUCTURE.— 

14 (1) AUTHORIZATION REQUIRED.—If the Sec15 retary of Defense determines that any grant, cooper16 ative agreement, transfer of funds to another Fed17 eral agency, or supplement of funds available in fis18 cal year 2012 or fiscal year 2013 under Federal pro19 grams administered by agencies other than the De20 partment of Defense will result in the development 

21 (including repair, replacement, renovation, conver22 sion, improvement, expansion, acquisition, or con23 struction) of public infrastructure on Guam, the Sec24 retary of Defense may not carry out such grant, 
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1 transfer cooperative agreement, or supplemental 

2 funding unless specifically authorized by law. 

3 (2) PUBLIC INFRASTRUCTURE DEFINED.—In 

4 this section, the term ‘‘public infrastructure’’ means 

5 any utility, method of transportation, item of equip6 ment, or facility under the control of a public entity 

7 or State or local government that is used by, or con8 structed for the benefit of, the general public. 

9 (c) EXCEPTION TO RESTRICTION ON USE OF

10 FUNDS.—The Secretary of Defense may use funds de11 scribed in subsection (a) to carry out additional analysis 

12 or studies required the National Environmental Policy Act 

13 of 1969 (42 U.S.C. 4321 et seq.) for proposed actions on 

14 Guam or Hawaii. 

15 (d) DISTRIBUTED LAY-DOWN DEFINED.—For pur16 poses of this section, the term ‘‘distributed lay-down’’ re17 fers to the planned distribution of Marines in Okinawa, 

18 Guam, Hawaii, Australia, and possibly elsewhere that is 

19 contemplated in support of the joint statement of the U.S. 

20 – Japan Security Consultative Committee dated April 27, 

21 2012. 

22 (e) REPEAL.—Section 2207 of the National Defense 

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

24 81; 125 Stat. 1668) is repealed. 
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1 TITLE XXIII—AIR FORCE 

2 MILITARY CONSTRUCTION 

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 and available for military construc8 tion projects inside the United States as specified in the 

9 funding table in section 4601, the Secretary of the Air 

10 Force 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: 

Air Force: Inside the United States 

State Installation or Location Amount 

Arkansas ............................. Little Rock AFB ........................... $30,178,000 

Florida ................................ Tyndall AFB ................................. $14,750,000 

Georgia ............................... Fort Stewart ................................. $7,250,000 

Moody AFB ................................... $8,500,000 

New Mexico ........................ Holloman AFB .............................. $25,000,000 

North Dakota ..................... Minot AFB .................................... $4,600,000 

Texas .................................. Joint Base San Antonio ................ $18,000,000 

Utah .................................... Hill AFB ....................................... $13,530,000 

14 (b) OUTSIDE THE UNITED STATES.—Using amounts 

15 appropriated pursuant to the authorization of appropria16 tions in section 2304 and available for military construc17 tion projects outside the United States as specified in the 

18 funding table in section 4601, the Secretary of the Air 

19 Force may acquire real property and carry out military 

20 construction projects for the installations or locations out-
944 

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1 side the United States, and in the amounts, set forth in 

2 the following table: 

Air Force: Outside the United States 

State Installation or Location Amount 

Greenland ........................... Thule AB ...................................... $24,500,000 

Italy .................................... Aviano AB ..................................... $9,400,000 

Worldwide Unspecified ....... Unspecified Worldwide Locations $34,657,000 

3 SEC. 2302. FAMILY HOUSING. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2304 and available for 

6 military family housing functions as specified in the fund7 ing table in section 4601, the Secretary of the Air Force 

8 may carry out architectural and engineering services and 

9 construction design activities with respect to the construc10 tion or improvement of family housing units in an amount 

11 not to exceed $4,253,000. 

12 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

13 UNITS. 

14 Subject to section 2825 of title 10, United States 

15 Code, and using amounts appropriated pursuant to the 

16 authorization of appropriations in section 2304 and avail17 able for military family housing functions as specified in 

18 the funding table in section 4601, the Secretary of the 

19 Air Force may improve existing military family housing 

20 units in an amount not to exceed $79,571,000. 
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1 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

2 FORCE. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal years beginning after September 30, 2012, for mili5 tary construction, land acquisition, and military family 

6 housing functions of the Department of the Air Force, as 

7 specified in the funding table in section 4601, including 

8 incremental funding for the construction of increment 2 

9 of the U.S. Strategic Command Replacement Facility at 

10 Offutt Air Force Base, Nebraska, authorized by section 

11 2301(a) of the Military Construction Authorization Act 

12 for Fiscal Year 2012 (division B of Public Law 112–81; 

13 125 Stat. 1670), $111,000,000. 

14 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

15 FISCAL YEAR 2010 PROJECTS. 

16 (a) EXTENSION.—Notwithstanding section 2002 of 

17 the Military Construction Authorization Act for Fiscal 

18 Year 2010 (division B of Public Law 111–84; 123 Stat. 

19 2627), authorizations set forth in the table in subsection 

20 (b), as provided in section 2301 of that Act (123 Stat. 

21 2636), shall remain in effect until October 1, 2013, or the 

22 date of an Act authorizing funds for military construction 

23 for fiscal year 2014, whichever is later. 

24 (b) TABLE.—The table referred to in subsection (a) 

25 is as follows: 
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Air Force: Extension of 2010 Project Authorizations 

State Installation or 

Location Project Amount 

Missouri ........... Whiteman AFB ............ Land Acquisition 

North & South 

Boundary .............. $5,500,000 

Montana ........... Malmstrom AFB ........... Weapons Storage 

Area (WSA), 

Phase 2 ................. $10,600,000 

1 TITLE XXIV—DEFENSE AGEN2 CIES MILITARY CONSTRUC3 TION 

4 Subtitle A—Defense Agency 

5 Authorizations 

6 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC7 TION AND LAND ACQUISITION PROJECTS. 

8 (a) INSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2403 and available for military construc11 tion projects inside the United States as specified in the 

12 funding table in section 4601, the Secretary of Defense 

13 may acquire real property and carry out military construc14 tion projects for the installations or locations inside the 

15 United States, and in the amounts, set forth in the fol16 lowing table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Arizona ..................... Yuma ............................................................. $1,300,000 

California .................. Coronado ....................................................... $55,259,000 

DEF Fuel Support Point - San Diego ......... $91,563,000 

Edwards Air Force Base ............................... $27,500,000 

Twentynine Palms ......................................... $27,400,000 

Colorado ................... Buckley Air Force Base ................................ $30,000,000 

Fort Carson ................................................... $56,673,000 
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Defense Agencies: Inside the United States—Continued 

State Installation or Location Amount 

Pikes Peak ..................................................... $3,600,000 

CONUS Classified .... Classified Location ........................................ $6,477,000 

Delaware ................... Dover AFB .................................................... $2,000,000 

Florida ...................... Eglin AFB ..................................................... $41,695,000 

Hurlburt Field ............................................... $16,000,000 

MacDill AFB ................................................. $34,409,000 

Hawaii ...................... Joint Base Pearl Harbor-Hickam ................. $24,289,000 

Illinois ....................... Great Lakes ................................................... $28,700,000 

Scott AFB ..................................................... $86,711,000 

Indiana ..................... Grissom ARB ................................................ $26,800,000 

Kentucky .................. Fort Campbell ............................................... $71,639,000 

Louisiana .................. Barksdale AFB ............................................. $11,700,000 

Maryland .................. Annapolis ....................................................... $66,500,000 

Bethesda Naval Hospital ............................... $62,200,000 

Fort Meade .................................................... $128,600,000 

Missouri .................... Fort Leonard Wood ....................................... $18,100,000 

New Mexico .............. Cannon AFB ................................................. $93,085,000 

New York ................. Fort Drum ..................................................... $43,200,000 

North Carolina ......... Camp Lejeune ............................................... $80,064,000 

Fort Bragg .................................................... $130,422,000 

Seymour Johnson AFB ................................. $55,450,000 

Pennsylvania ............. DEF Distribution Depot New Cumberland .. $17,400,000 

South Carolina ......... Shaw AFB ..................................................... $57,200,000 

Texas ........................ Red River Army Depot .................................. $16,715,000 

Virginia ..................... Joint Expeditionary Base Little Creek - 

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 and available for military construc4 tion projects outside the United States as specified in the 

5 funding table in section 4601, the Secretary of Defense 

6 may acquire real property and carry out military construc7 tion projects for the installations or locations outside the 

8 United States, and in the amounts, set forth in the fol9 lowing 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 
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Defense Agencies: Outside the United States—Continued 

Country Installation or Location Amount 

Guantanamo Bay, 

Cuba ............... Guantanamo Bay .......................................... $40,200,000 

Japan .................. Camp Zama ................................................... $13,273,000 

Kadena AB .................................................... $143,545,000 

Sasebo ............................................................ $35,733,000 

Zukeran ......................................................... $79,036,000 

Korea .................. Kunsan AB .................................................... $13,000,000 

Osan AB ........................................................ $77,292,000 

Romania ............. Deveselu ......................................................... $157,900,000 

United Kingdom Menwith Hill Station ..................................... $50,283,000 

RAF Feltwell ................................................. $30,811,000 

RAF Mildenhall ............................................. $6,490,000 

1 SEC. 2402. AUTHORIZED ENERGY CONSERVATION 

2 PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2403 and available for 

5 energy conservation projects as specified in the funding 

6 table in 4601, the Secretary of Defense may carry out en7 ergy conservation projects under chapter 173 of title 10, 

8 United States Code, in the amount of $150,000,000. 

9 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE10 FENSE AGENCIES. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal years beginning after September 30, 2012, for mili13 tary construction, land acquisition, and military family 

14 housing functions of the Department of Defense (other 

15 than the military departments), as specified in the funding 

16 table in 4601, including incremental funding for the fol17 lowing projects in the following amounts: 
949 

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1 (1) For the construction of increment 7 of the 

2 Army Medical Research Institute of Infectious Dis3 eases Stage I at Fort Detrick, Maryland, authorized 

4 by section 2401(a) of the Military Construction Au5 thorization Act for Fiscal Year 2007 (division B of 

6 Public Law 109–364; 120 Stat. 2457), $19,000,000. 

7 (2) For the construction of increment 4 of a 

8 National Security Agency data center at Camp Wil9 liams, Utah, authorized as a Military Construction, 

10 Defense-Wide project by title X of the Supplemental 

11 Appropriations Act, 2009 (Public Law 111–32; 123 

12 Stat. 1888), $191,414,000. 

13 (3) For the construction of increment 4 of the 

14 hospital at Fort Bliss, Texas, authorized by section 

15 2401(a) of the Military Construction Authorization 

16 Act for Fiscal Year 2010 (division B of Public Law 

17 111–84; 123 Stat. 2642), $107,400,000. 

18 (4) For the construction of increment 2 of the 

19 high performance computing center at Fort Meade, 

20 Maryland, authorized by section 2401(a) of the Mili21 tary Construction Authorization Act for Fiscal Year 

22 2012 (division B of Public Law 112–81; 125 Stat. 

23 1672), as amended by section 2405(a) of this Act, 

24 $225,521,000. 
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1 (5) For the construction of increment 2 of the 

2 ambulatory care center phase 3 at Joint Base San 

3 Antonio, Texas, authorized by section 2401(a) of the 

4 Military Construction Authorization Act for Fiscal 

5 Year 2012 (division B of Public Law 112–81; 125 

6 Stat. 1672), $80,700,000. 

7 (6) For the construction of increment 2 of the 

8 medical center replacement at Rhine Ordnance Bar9 racks, Germany, authorized by section 2401(b) of 

10 the Military Construction Authorization Act for Fis11 cal Year 2012 (division B of Public Law 112–81; 

12 125 Stat. 1673), $127,000,000. 

13 SEC. 2404. EXTENSION OF AUTHORIZATION OF CERTAIN 

14 FISCAL YEAR 2010 PROJECT. 

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 2401(a) of that Act (123 Stat. 

20 2640), shall remain in effect until October 1, 2013, or the 

21 date of the enactment of an Act authorizing funds for mili22 tary construction for fiscal year 2014, whichever is later: 

23 (b) TABLE.—The table referred to in subsection (a) 

24 is as follows: 
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Washington Headquarters Services: Extension of 2010 Project 

Authorization 

State Installation or 

Location Project Amount 

Virginia .............. Pentagon Reservation ........ Pentagon electrical upgrade ...... $19,272,000 

1 SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2012 PROJECT. 

3 The table in section 2401(a) of the Military Construc4 tion Authorization Act for Fiscal Year 2012 (division B 

5 of Public Law 112–81; 125 Stat. 1672), is amended in 

6 the item relating to Fort Meade, Maryland, by striking 

7 ‘‘$29,640,000’’ in the amount column and inserting 

8 ‘‘$792,200,000’’. 

9 SEC. 2406. ADDITIONAL AUTHORITY TO CARRY OUT CER10 TAIN FISCAL YEAR 2013 PROJECT. 

11 (a) PROJECT AUTHORIZATION.—The Secretary of 

12 Defense may carry out a military construction project to 

13 construct an Upgrade Fuel Pipeline at Andersen Air 

14 Force Base, Guam, in the amount of $67,500,000. 

15 (b) LIMITATION.—No funds may be obligated or ex16 pended for the project described in subsection (a) until 

17 the Commander of the United States Pacific Command 

18 provides to the congressional defense committees a report, 

19 with classified annex if necessary, detailing the strategic 

20 and operational requirements satisfied by the construction 

21 of this project and a certification that this project is a 
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1 bona fide need for meeting national security objectives for 

2 fiscal year 2013. 

3 (c) USE OF UNOBLIGATED PRIOR-YEAR MILITARY

4 CONSTRUCTION FUNDS.—The Secretary of Defense shall 

5 use available, unobligated military construction funds ap6 propriated for a fiscal year before fiscal year 2013 for the 

7 project described in subsection (a). 

8 (d) CONGRESSIONAL NOTIFICATION.—The Secretary 

9 of Defense shall provide information in accordance with 

10 section 2851(c) of title 10, United States Code, regarding 

11 the project described in subsection (a). If it becomes nec12 essary to exceed the estimated project cost, the Secretary 

13 shall utilize the authority provided by section 2853 of such 

14 title regarding authorized cost and scope of work vari15 ations. 

16 Subtitle B—Chemical 

17 Demilitarization Authorizations 

18 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM19 ICAL DEMILITARIZATION CONSTRUCTION, 

20 DEFENSE-WIDE. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal years beginning after September 30, 2012, for mili23 tary construction and land acquisition for chemical demili24 tarization, as specified in the funding table in section 
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1 4601, including incremental funding for the following 

2 projects in the following amounts: 

3 (1) For the construction of phase 14 of a chem4 ical munitions demilitarization facility at Pueblo 

5 Chemical Activity, Colorado, authorized by section 

6 2401(a) of the Military Construction Authorization 

7 Act for Fiscal Year 1997 (division B of Public Law 

8 104–201; 110 Stat. 2775), as amended by section 

9 2406 of the Military Construction Authorization Act 

10 for Fiscal Year 2000 (division B of Public Law 106– 

11 65; 113 Stat. 839), section 2407 of the Military 

12 Construction Authorization Act for Fiscal Year 2003 

13 (division B of Public Law 107–314; 116 Stat. 

14 2698), and section 2413 of the Military Construc15 tion Authorization Act for Fiscal Year 2009 (divi16 sion B of Public Law 110–417; 122 Stat. 4697), 

17 $36,000,000. 

18 (2) For the construction of phase 13 of a muni19 tions demilitarization facility at Blue Grass Army 

20 Depot, Kentucky, authorized by section 2401(a) of 

21 the Military Construction Authorization Act for Fis22 cal Year 2000 (division B of Public Law 106–65; 

23 113 Stat. 835), as amended by section 2405 of the 

24 Military Construction Authorization Act for Fiscal 

25 Year 2002 (division B of Public Law 107–107; 115 
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1 Stat. 1298), section 2405 of the Military Construc2 tion Authorization Act for Fiscal Year 2003 (divi3 sion B of Public Law 107–314; 116 Stat. 2698), 

4 section 2414 of the Military Construction Authoriza5 tion Act for Fiscal Year 2009 (division B of Public 

6 Law 110–417; 122 Stat. 4697), and section 2412 of 

7 the Military Construction Authorization Act for Fis8 cal Year 2011 (division B Public Law 111–383; 124 

9 Stat. 4450), $115,000,000. 

10 SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT 

11 CERTAIN FISCAL YEAR 1997 PROJECT. 

12 (a) MODIFICATIONS.—The table in section 2401(a) 

13 of the Military Construction Authorization Act for Fiscal 

14 Year 1997 (division B of Public Law 104–201; 110 Stat. 

15 2775), as amended by section 2406 of the Military Con16 struction Authorization Act for Fiscal Year 2000 (division 

17 B of Public Law 106–65; 113 Stat. 839), section 2407 

18 of the Military Construction Authorization Act for Fiscal 

19 Year 2003 (division B of Public Law 107–314; 116 Stat. 

20 2699), and section 2413 of the Military Construction Au21 thorization Act for Fiscal Year 2009 (division B of Public 

22 Law 110–417; 122 Stat. 4697), is amended— 

23 (1) under the agency heading relating to Chem24 ical Demilitarization Program, in the item relating 

25 to Pueblo Army Depot, Colorado, by striking 
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1 ‘‘$484,000,000’’ in the amount column and inserting 

2 ‘‘$520,000,000’’; and 

3 (2) by striking the amount identified as the 

4 total in the amount column and inserting 

5 ‘‘$866,454,000’’. 

6 (b) CONFORMING AMENDMENT.—Section 2406(b)(2) 

7 of the Military Construction Authorization Act for Fiscal 

8 Year 1997 (110 Stat. 2779), as so amended, is further 

9 amended by striking ‘‘$484,000,000’’ and inserting 

10 ‘‘$520,000,000’’. 

11 TITLE XXV—NORTH ATLANTIC 

12 TREATY ORGANIZATION SE13 CURITY INVESTMENT PRO14 GRAM 

15 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

16 ACQUISITION PROJECTS. 

17 The Secretary of Defense may make contributions for 

18 the North Atlantic Treaty Organization Security Invest19 ment Program as provided in section 2806 of title 10, 

20 United States Code, in an amount not to exceed the sum 

21 of the amount authorized to be appropriated for this pur22 pose in section 2502 and the amount collected from the 

23 North Atlantic Treaty Organization as a result of con24 struction previously financed by the United States. 
956 

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1 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal years beginning after September 30, 2012, for con4 tributions by the Secretary of Defense under section 2806 

5 of title 10, United States Code, for the share of the United 

6 States of the cost of projects for the North Atlantic Treaty 

7 Organization Security Investment Program authorized by 

8 section 2501, as specified in the funding table in section 

9 4601. 

10 TITLE XXVI—GUARD AND 

11 RESERVE FORCES FACILITIES 

12 Subtitle A—Project Authorizations 

13 and Authorization of Appropria14 tions 

15 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON16 STRUCTION AND LAND ACQUISITION 

17 PROJECTS. 

18 (a) INSIDE THE UNITED STATES.—Using amounts 

19 appropriated pursuant to the authorization of appropria20 tions in section 2606 and available for the National Guard 

21 and Reserve as specified in the funding table in section 

22 4601, the Secretary of the Army may acquire real prop23 erty and carry out military construction projects for the 

24 Army National Guard locations inside the United States, 

25 and in the amounts, set forth in the following table: 
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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 

Terre 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 

St. Paul ........................................................ $17,000,000 

Missouri ................... Fort Leonard Wood ..................................... $18,000,000 

Kansas City .................................................. $1,900,000 

Monett .......................................................... $820,000 

Perryville ...................................................... $700,000 

Montana ................... Miles City ..................................................... $11,000,000 

New Jersey .............. Sea Girt ........................................................ $34,000,000 

New York ................. 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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2606 and available for the National Guard 

4 and Reserve as specified in the funding table in section 

5 4601, the Secretary of the Army may acquire real prop6 erty and carry out military construction projects for the 

7 Army National Guard locations outside the United States, 

8 and in the amounts, set forth in the following table: 

Army National Guard: Outside the United States 

Country Installation Amount 

Guam .......................... Barrigada .................................................. $8,500,000 

Puerto Rico ................ Camp Santiago .......................................... $3,800,000 

Ceiba .......................................................... $2,200,000 

Guaynabo ................................................... $15,000,000 
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Army National Guard: Outside the United States—Continued 

Country Installation Amount 

Gurabo ....................................................... $14,700,000 

1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

2 AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the fund6 ing table in section 4601, the Secretary of the Army may 

7 acquire real property and carry out military construction 

8 projects for the Army Reserve locations inside the United 

9 States, and in the amounts, set forth in the following 

10 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 

11 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

12 CORPS RESERVE CONSTRUCTION AND LAND 

13 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 Navy may 
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1 acquire real property and carry out military construction 

2 projects for the Navy Reserve and Marine Corps Reserve 

3 locations inside the United States, and in the amounts, 

4 set forth in the following table: 

Navy Reserve 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 

5 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC6 TION AND LAND ACQUISITION PROJECTS. 

7 Using amounts appropriated pursuant to the author8 ization of appropriations in section 2606 and available for 

9 the National Guard and Reserve as specified in the fund10 ing table in section 4601, the Secretary of the Air Force 

11 may acquire real property and carry out military construc12 tion projects for the Air National Guard locations inside 

13 the United States, and in the amounts, set forth in the 

14 following table: 

Air National Guard 

State Location Amount 

California .......................... Fresno Yosemite IAP ANG ................. $11,000,000 

Hawaii .............................. Joint Base Pearl Harbor-Hickam ....... $6,500,000 

New Mexico ...................... Kirtland AFB ...................................... $8,500,000 

Wyoming .......................... Cheyenne MAP .................................... $6,486,000 

15 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC16 TION AND LAND ACQUISITION PROJECTS. 

17 Using amounts appropriated pursuant to the author18 ization of appropriations in section 2606 and available for 
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1 the National Guard and Reserve as specified in the fund2 ing table in section 4601, the Secretary of the Air Force 

3 may acquire real property and carry out military construc4 tion projects for the Air Force Reserve locations inside 

5 the United States, and in the amounts, set forth in the 

6 following table: 

Air Force Reserve 

State Location Amount 

New York ......................... Niagara Falls IAP ............................... $6,100,000 

7 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA8 TIONAL GUARD AND RESERVE. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal years beginning after September 30, 2012, for the 

11 costs of acquisition, architectural and engineering services, 

12 and construction of facilities for the Guard and Reserve 

13 Forces, and for contributions therefor, under chapter 

14 1803 of title 10, United States Code (including the cost 

15 of acquisition of land for those facilities), as specified in 

16 the funding table in section 4601. 

17 Subtitle B—Other Matters 

18 SEC. 2611. EXTENSION OF AUTHORIZATION OF CERTAIN 

19 FISCAL YEAR 2009 PROJECT. 

20 (a) EXTENSION.—Notwithstanding section 2002 of 

21 the Military Construction Authorization Act for Fiscal 

22 Year 2009 (division B of Public Law 110–417; 122 Stat. 

23 4658), the authorization set forth in the table in sub-
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1 section (b), as provided in section 2604 of that Act (122 

2 Stat. 4706), shall remain in effect until October 1, 2013, 

3 or the date of the enactment of an Act authorizing funds 

4 for military construction for fiscal year 2014, whichever 

5 is later. 

6 (b) TABLE.—The table referred to in subsection (a) 

7 is as follows: 

Air National Guard: Extension of 2009 Project Authorizations 

State Installation or 

Location Project Amount 

Mississippi ........ Gulfport-Biloxi Airport Relocate Munitions 

Complex ................ $3,400,000 

8 SEC. 2612. EXTENSION OF AUTHORIZATION OF CERTAIN 

9 FISCAL YEAR 2010 PROJECTS. 

10 (a) EXTENSION.—Notwithstanding section 2002 of 

11 the Military Construction Authorization Act for Fiscal 

12 Year 2010 (division B of Public Law 111–84; 123 Stat. 

13 2627), the authorizations set forth in the tables in sub14 section (b), as provided in sections 2602 and 2604 of that 

15 Act (123 Stat. 2649, 2651), shall remain in effect until 

16 October 1, 2013, or the date of the enactment of an Act 

17 authorizing funds for military construction for fiscal year 

18 2014, whichever is later. 

19 (b) TABLE.—The tables referred to in subsection (a) 

20 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 
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Army Reserve: Extension of 2010 Project Authorizations— 

Continued 

State Installation or 

Location Project Amount 

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 

1 SEC. 2613. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2011 PROJECT. 

3 In the case of the authorization contained in the table 

4 in section 2604 of the Military Construction Authorization 

5 Act for Fiscal Year 2011 (division B of Public Law 111– 

6 383; 124 Stat. 4453) for Nashville International Airport, 

7 Tennessee, for renovation of an Intelligence Squadron Fa8 cility, the Secretary of the Air Force may convert up to 

9 4,023 square meters of existing facilities to bed down In10 telligence Group and Remotely Piloted Aircraft Remote 

11 Split Operations Group missions, consistent with the Air 

12 National Guard’s construction guidelines for these mis13 sions. 
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1 TITLE XXVII—BASE REALIGN2 MENT AND CLOSURE ACTIVI3 TIES 

4 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

5 BASE REALIGNMENT AND CLOSURE ACTIVI6 TIES FUNDED THROUGH DEPARTMENT OF 

7 DEFENSE BASE CLOSURE ACCOUNT 1990. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal years beginning after September 30, 2012, for base 

10 realignment and closure activities, including real property 

11 acquisition and military construction projects, as author12 ized by the Defense Base Closure and Realignment Act 

13 of 1990 (part A of title XXIX of Public Law 101–510; 

14 10 U.S.C. 2687 note) and funded through the Department 

15 of Defense Base Closure Account 1990 established by sec16 tion 2906 of such Act, as specified in the funding table 

17 in section 4601. 

18 SEC. 2702. AUTHORIZATION OF APPROPRIATIONS FOR 

19 BASE REALIGNMENT AND CLOSURE ACTIVI20 TIES FUNDED THROUGH DEPARTMENT OF 

21 DEFENSE BASE CLOSURE ACCOUNT 2005. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal years beginning after September 30, 2012, for base 

24 realignment and closure activities, including real property 

25 acquisition and military construction projects, as author-
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1 ized by the Defense Base Closure and Realignment Act 

2 of 1990 (part A of title XXIX of Public Law 101–510; 

3 10 U.S.C. 2687 note) and funded through the Department 

4 of Defense Base Closure Account 2005 established by sec5 tion 2906A of such Act, as specified in the funding table 

6 in section 4601. 

7 SEC. 2703. TECHNICAL AMENDMENTS TO SECTION 2702 OF 

8 FISCAL YEAR 2012 ACT. 

9 (a) CORRECTION.—Section 2702 of the Military Con10 struction Authorization Act for Fiscal Year 2012 (division 

11 B of Public Law 112–81; 125 Stat. 1681) is amended by 

12 striking ‘‘Using amounts’’ and all that follows through 

13 ‘‘may carry out’’ and inserting ‘‘Funds are hereby author14 ized to be appropriated for fiscal years beginning after 

15 September 30, 2011, for’’. 

16 (b) CONFORMING AMENDMENT.—The heading of 

17 such section is amended by striking ‘‘AUTHORIZED’’ and 

18 inserting ‘‘AUTHORIZATION OF APPROPRIATIONS

19 FOR’’. 

20 SEC. 2704. CRITERIA FOR DECISIONS INVOLVING CERTAIN 

21 BASE CLOSURE AND REALIGNMENT ACTIVI22 TIES. 

23 (a) CRITERIA.—Not later than March 31, 2013, the 

24 Comptroller General of the United States shall submit to 

25 the congressional defense committees a report including 
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1 objective criteria to be used by the Department of Defense 

2 to make decisions relating to realignments of units em3 ployed at military installations that are not covered by the 

4 requirements of section 2687 of title 10, United States 

5 Code, and closures of military installations that are not 

6 covered by such requirements. 

7 (b) ONE-YEAR MORATORIUM ON CERTAIN ACTIONS

8 RESULTING IN PERSONNEL REDUCTIONS.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), no action may be taken before October 1, 

11 2013, that would result in a military installation 

12 covered under paragraph (1) of section 2687(a) of 

13 title 10, United States Code, to no longer be covered 

14 by such paragraph. 

15 (2) NATIONAL SECURITY WAIVER.—The Sec16 retary of Defense may waive the prohibition under 

17 paragraph (1) if the Secretary certifies to the con18 gressional defense committees that is in the national 

19 security interests of the United States. 
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1 SEC. 2705. MODIFICATION OF NOTICE REQUIREMENTS IN 

2 ADVANCE OF PERMANENT REDUCTION OF 

3 SIZABLE NUMBERS OF MEMBERS OF THE 

4 ARMED FORCES AT MILITARY INSTALLA5 TIONS. 

6 (a) CALCULATION OF NUMBER OF AFFECTED MEM7 BERS.—Subsection (a) of section 993 of title 10, United 

8 States Code, is amended by adding at the end the fol9 lowing new sentence: ‘‘In calculating the number of mem10 bers to be reduced, the Secretary shall take into consider11 ation both direct reductions and indirect reductions.’’. 

12 (b) NOTICE REQUIREMENTS.—Subsection (b) of such 

13 section is amended by striking paragraphs (1) through (3) 

14 and inserting the following new paragraphs: 

15 ‘‘(1) the Secretary of Defense or the Secretary 

16 of the military department concerned— 

17 ‘‘(A) submits to Congress a notice of the 

18 proposed reduction and the number of military 

19 and civilian personnel assignments affected, in20 cluding reductions in base operations support 

21 services and personnel to occur because of the 

22 proposed reduction; and 

23 ‘‘(B) includes in the notice a justification 

24 for the reduction and an evaluation of the costs 

25 and benefits of the reduction and of the local 
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1 economic, strategic, and operational con2 sequences of the reduction; and 

3 ‘‘(2) a period of 90 days expires following the 

4 day on which the notice is submitted to Congress.’’. 

5 (c) DEFINITIONS.—Such section is further amended 

6 by adding at the end the following new subsection: 

7 ‘‘(d) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘direct reduction’ means a reduc9 tion involving one or more members of a unit. 

10 ‘‘(2) The term ‘indirect reduction’ means subse11 quent planned reductions or relocations in base oper12 ations support services and personnel able to occur 

13 due to the direct reductions. 

14 ‘‘(3) The term ‘military installation’ means a 

15 base, camp, post, station, yard, center, homeport fa16 cility for any ship, or other activity under the juris17 diction of the Department of Defense, including any 

18 leased facility, which is located within any of the 

19 several States, the District of Columbia, the Com20 monwealth of Puerto Rico, American Samoa, the 

21 Virgin Islands, the Commonwealth of the Northern 

22 Mariana Islands, or Guam. Such term does not in23 clude any facility used primarily for civil works, riv24 ers and harbors projects, or flood control projects. 
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1 ‘‘(4) The term ‘unit’ means a unit of the armed 

2 forces at the battalion, squadron, or an equivalent 

3 level (or a higher level).’’. 

4 SEC. 2706. REPORT ON REORGANIZATION OF AIR FORCE 

5 MATERIEL COMMAND ORGANIZATIONS. 

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

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

8 shall submit to the congressional defense committees a re9 port on the reorganization of Air Force Materiel Com10 mand organizations. 

11 (b) CONTENT.—The report required under subsection 

12 (a) shall include the following elements: 

13 (1) An assessment of the efficiencies and effec14 tiveness associated with the reorganization of Air 

15 Force Materiel Command organizations. 

16 (2) An assessment of the organizational con17 struct to determine how institutional synergies that 

18 were previously available in a collocated center can 

19 be replicated in the new Air Force Materiel Com20 mand Center reorganization, including an assess21 ment of the following Air Force Materiel Command 

22 capabilities: 

23 (A) Science and Technology, Acquisition. 

24 (B) Developmental Test and Evaluation. 
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1 (3) An assessment of synergistic efficiencies as2 sociated with capabilities of collocated organizations 

3 of other commands, including an assessment of the 

4 impact of the Air Force Materiel Command’s reorga5 nization on other commands’ responsibilities for— 

6 (A) Operational Test and Evaluation; and 

7 (B) Follow-on Operational Test and Eval8 uation. 

9 (4) An assessment of how the Air Force reorga10 nization of Air Force Materiel Command is in adher11 ence with section 2687 of title 10, United States 

12 Code. 

13 (5) An analysis of the extent to which the pro14 posed changes in the Air Force management struc15 ture were coordinated with the Office of the Sec16 retary of Defense and the Director, Test Resource 

17 Management Center and the degree to which their 

18 concerns, if any, were addressed in the approach se19 lected by the Air Force. 
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1 TITLE XXVIII—MILITARY CON2 STRUCTION GENERAL PROVI3 SIONS 

4 Subtitle A—Military Construction 

5 Program and Military Family 

6 Housing Changes 

7 SEC. 2801. AUTHORIZED COST AND SCOPE VARIATIONS. 

8 Section 2853 of title 10, United States Code, is 

9 amended— 

10 (1) in subsection (a), by striking ‘‘was approved 

11 originally’’ and inserting ‘‘was authorized’’; 

12 (2) in subsection (b)— 

13 (A) in paragraph (1), by adding at the end 

14 the following: ‘‘Any reduction in scope of work 

15 for a military construction project shall not re16 sult in a facility or item of infrastructure that 

17 is not complete and useable or does not fully 

18 meet the mission requirement contained in the 

19 justification data provided to Congress as part 

20 of the request for authorization of the project, 

21 construction, improvement, or acquisition.’’; and 

22 (B) by adding at the end the following new 

23 paragraph: 

24 ‘‘(3) In this subsection, the term ‘scope of work’ re25 fers to the function, size, or quantity of the primary facil-
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1 ity, any associated facility, or item of complete and useable 

2 infrastructure contained in the justification data provided 

3 to Congress as part of the request for authorization of 

4 the project, construction, improvement, or acquisition.’’; 

5 (3) in subsection (c)(1)(A), by striking ‘‘and the 

6 reasons therefor, including a description’’ and insert7 ing ‘‘, the reasons therefor, a certification that the 

8 mission requirement identified in the justification 

9 data provided to Congress can be still be met with 

10 the reduced scope, and a description’’; and 

11 (4) by adding at the end the following new sub12 section: 

13 ‘‘(e) Notwithstanding the authority under subsections 

14 (a) through (d), the Secretary concerned shall ensure com15 pliance of contracts for military construction projects and 

16 for the construction, improvement, and acquisition of mili17 tary family housing projects with section 1341 of title 31, 

18 United States Code (commonly referred to as the ‘Anti19 Deficiency Act’).’’. 

20 SEC. 2802. COMPTROLLER GENERAL REPORT ON IN-KIND 

21 PAYMENTS. 

22 (a) REPORTS REQUIRED.— 

23 (1) INITIAL REPORT.—Not later than 180 days 

24 after the date of the enactment of this Act, the 

25 Comptroller General of the United States shall sub-
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1 mit to the congressional defense committees a report 

2 on the construction or renovation of Department of 

3 Defense facilities with in-kind payments. The report 

4 shall cover construction or renovation projects begun 

5 during the preceding two years. 

6 (2) UPDATES.—Not later than one year after 

7 submitting the report required under paragraph (1), 

8 and annually thereafter for 3 years, the Comptroller 

9 General shall submit to the congressional defense 

10 committees a report covering projects begun since 

11 the most recent report. 

12 (b) CONTENT.—Each report required under sub13 section (a) shall include the following elements: 

14 (1) A listing of each facility constructed or ren15 ovated for the Department of Defense as payment in 

16 kind. 

17 (2) The value in United States dollars of that 

18 construction or renovation. 

19 (3) The source of the in-kind payment. 

20 (4) The agreement pursuant to which the in21 kind payment was made. 

22 (5) A description of the purpose and need for 

23 the construction or renovation. 
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1 SEC. 2803. EXTENSION OF TEMPORARY, LIMITED AUTHOR2 ITY TO USE OPERATION AND MAINTENANCE 

3 FUNDS FOR CONSTRUCTION PROJECTS IN 

4 CERTAIN AREAS OUTSIDE THE UNITED 

5 STATES. 

6 Section 2808 of the Military Construction Authoriza7 tion Act for Fiscal Year 2004 (division B of Public Law 

8 108–136; 117 Stat. 1723), as most recently amended by 

9 section 2804 of the Military Construction Authorization 

10 Act for Fiscal Year 2012 (division B of Public Law 112– 

11 81; 125 Stat. 1685), is further amended— 

12 (1) in subsection (c)— 

13 (A) by striking paragraph (2); 

14 (B) by redesignating paragraph (3) as 

15 paragraph (2); and 

16 (C) in paragraph (2), as so redesignated, 

17 by striking the second sentence; and 

18 (2) in subsection (h)— 

19 (A) in paragraph (1), by striking ‘‘Sep20 tember 30, 2012’’ and inserting ‘‘September 30, 

21 2013’’; and 

22 (B) in paragraph (2), by striking ‘‘fiscal 

23 year 2013’’ and inserting ‘‘fiscal year 2014’’. 
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1 Subtitle B—Real Property and 

2 Facilities Administration 

3 SEC. 2811. AUTHORITY TO ACCEPT AS CONSIDERATION FOR 

4 LEASES OF NON-EXCESS PROPERTY OF MILI5 TARY DEPARTMENTS AND DEFENSE AGEN6 CIES REAL PROPERTY INTERESTS AND NAT7 URAL RESOURCE MANAGEMENT SERVICES 

8 RELATED TO AGREEMENTS TO LIMIT EN9 CROACHMENT. 

10 Section 2667 of title 10, United States Code, is 

11 amended— 

12 (1) in subsection (c)— 

13 (A) in paragraph (1), by adding at the end 

14 the following new subparagraph: 

15 ‘‘(G) Provision of interests in real property for 

16 the purposes specified in section 2684a of this title 

17 and provision of natural resource management serv18 ices on such real property.’’; and 

19 (B) in paragraph (2), by striking ‘‘accept20 ed at any property or facilities’’ and inserting 

21 ‘‘accepted at or for the benefit of any property 

22 or facilities’’; and 

23 (2) in subsection (e)(1)(C), by adding at the 

24 end the following new clause: 
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1 ‘‘(vi) Provision of funds pursuant to an agree2 ment under section 2684a of this title.’’. 

3 SEC. 2812. CLARIFICATION OF PARTIES WITH WHOM DE4 PARTMENT OF DEFENSE MAY CONDUCT EX5 CHANGES OF REAL PROPERTY AT MILITARY 

6 INSTALLATIONS. 

7 Section 2869(a)(1) of title 10, United States Code 

8 is amended— 

9 (1) by striking ‘‘eligible’’; and 

10 (2) by striking ‘‘entity’’ both places it appears 

11 and inserting ‘‘person’’. 

12 Subtitle C—Energy Security 

13 SEC. 2821. GUIDANCE ON FINANCING FOR RENEWABLE EN14 ERGY PROJECTS. 

15 (a) GUIDANCE ON USE OF AVAILABLE FINANCING

16 APPROACHES.—Not later than 180 days after the date of 

17 the enactment of this Act, the Secretary of Defense, in 

18 consultation with the Under Secretary of Defense for Ac19 quisition, Technology, and Logistics and the Deputy 

20 Under Secretary of Defense for Installations and Environ21 ment, shall issue guidance about the use of available fi22 nancing approaches for financing renewable energy 

23 projects and direct the Secretaries of the military depart24 ments to update their guidance accordingly. The guidance 

25 should describe the requirements and restrictions applica-
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1 ble to the underlying authorities and any Department of 

2 Defense-specific guidelines for using appropriated funds 

3 and alternative-financing approaches for renewable energy 

4 projects. 

5 (b) GUIDANCE ON USE OF BUSINESS CASE ANAL6 YSES.—Not later than 180 days after the date of the en7 actment of this Act, the Secretary of Defense, in consulta8 tion with the Under Secretary of Defense for Acquisition, 

9 Technology, and Logistics, the Deputy Under Secretary 

10 of Defense for Installations and Environment, and the 

11 Secretaries of the military departments, shall issue guid12 ance that establishes and clearly describes the processes 

13 used by the military departments to select financing ap14 proaches for renewable energy projects to ensure that 

15 business case analyses are completed to maximize benefits 

16 and mitigate drawbacks and risks associated with different 

17 financing approaches. 

18 (c) INFORMATION SHARING.—Not later than 180 

19 days after the date of the enactment of this Act, the Sec20 retary of Defense, in consultation with the Under Sec21 retary of Defense for Acquisition, Technology, and Logis22 tics and the Deputy Under Secretary of Defense for In23 stallations and Environment, shall develop a formalized 

24 communications process, such as a shared Internet 

25 website, that will enable officials at military installations 
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1 to have timely access on an ongoing basis to information 

2 related to financing renewable energy projects on other in3 stallations, including best practices and lessons that offi4 cials at other installations have learned from their experi5 ences in financing renewable energy projects. 

6 SEC. 2822. CONTINUATION OF LIMITATION ON USE OF 

7 FUNDS FOR LEADERSHIP IN ENERGY AND EN8 VIRONMENTAL DESIGN (LEED) GOLD OR 

9 PLATINUM CERTIFICATION. 

10 Section 2830(b)(1) of the Military Construction Au11 thorization Act for Fiscal Year 2012 (division B of Public 

12 Law 112–81; 125 Stat. 1695) is amended— 

13 (1) by striking ‘‘authorized to be appropriated 

14 by this Act’’ and inserting ‘‘authorized to be appro15 priated’’; and 

16 (2) by inserting before the period at the end the 

17 following: ‘‘until the date that is six months after 

18 the date of the submittal to the congressional de19 fense committees of the report required by sub20 section (a)’’. 

21 Subtitle D—Land Conveyances 

22 SEC. 2831. LAND CONVEYANCE, LOCAL TRAINING AREA FOR 

23 BROWNING ARMY RESERVE CENTER, UTAH. 

24 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

25 the Army may convey, without consideration, to the De-
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1 partment of Veterans Affairs (in this section referred to 

2 as the ‘‘Department’’) all right, title, and interest of the 

3 United States in and to a parcel of unimproved real prop4 erty consisting of approximately 5 acres of the Local 

5 Training Area for the Browning Army Reserve Center, 

6 Utah, for the purpose of constructing and operating a 

7 Community Based Outpatient Clinic adjacent to the 

8 George E. Wahlen Veterans Home in Ogden, Utah. 

9 (b) PAYMENT OF COSTS OF CONVEYANCE.— 

10 (1) PAYMENT REQUIRED.—The Secretary may 

11 require the Department to cover costs to be incurred 

12 by the Secretary, or to reimburse the Secretary for 

13 costs incurred by the Secretary, to carry out the 

14 conveyance under subsection (a), including survey 

15 costs, costs related to environmental documentation, 

16 and other administrative costs related to the convey17 ance. If amounts paid to the Secretary in advance 

18 exceed the costs actually incurred by the Secretary 

19 to carry out the conveyance, the Secretary shall re20 fund the excess amount to the Department. 

21 (2) TREATMENT OF AMOUNTS RECEIVED.— 

22 Amounts received as reimbursement under para23 graph (1) shall be credited to the fund or account 

24 that was used to cover the costs incurred by the De25 partment. Amounts so credited shall be merged with 
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1 amounts in such fund or account, and shall be avail2 able for the same purposes, and subject to the same 

3 conditions and limitations, as amounts in such fund 

4 or account. 

5 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

6 and legal description of the real property to be conveyed 

7 under subsection (a) shall be determined by a survey satis8 factory to the Secretary. 

9 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

10 Secretary may require such additional terms and condi11 tions in connection with the conveyance under subsection 

12 (a) as the Secretary considers appropriate to protect the 

13 interests of the United States. 

14 SEC. 2832. USE OF PROCEEDS, LAND CONVEYANCE, TYN15 DALL AIR FORCE BASE, FLORIDA. 

16 Section 2862(c) of the National Defense Authoriza17 tion Act for Fiscal Year 2000 (Public Law 106–65; 113 

18 Stat. 868) is amended— 

19 (1) by striking ‘‘and to improve’’ and inserting 

20 ‘‘, to improve’’; and 

21 (2) by inserting before the period at the end the 

22 following: ‘‘, or for other purposes, subject to the 

23 limitations described in section 2667(e) of title 10, 

24 United States Code’’. 
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1 Subtitle E—Other Matters 

2 SEC. 2841. CLARIFICATION OF AUTHORITY OF SECRETARY 

3 TO ASSIST WITH DEVELOPMENT OF PUBLIC 

4 INFRASTRUCTURE IN CONNECTION WITH 

5 THE ESTABLISHMENT OR EXPANSION OF A 

6 MILITARY INSTALLATION. 

7 Section 2391 of title 10, United States Code, is 

8 amended— 

9 (1) by redesignating subsections (d) and (e) as 

10 subsections (e) and (f), respectively; 

11 (2) by inserting after subsection (c) the fol12 lowing new subsection: 

13 ‘‘(d) AUTHORIZATION REQUIREMENT.—If the Sec14 retary of Defense determines that any grant, cooperative 

15 agreement, or supplement of funds available under Fed16 eral programs administered by agencies other than the 

17 Department of Defense provided under this section will 

18 result in the development (including repair, replacement, 

19 renovation, conversion, improvement, expansion, or con20 struction) of public infrastructure, such grant, cooperative 

21 agreement, or supplemental funding shall be specifically 

22 authorized by law.’’; and 

23 (3) in subsection (e), as redesignated by para24 graph (1), by adding at the end the following new 

25 paragraph: 
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1 ‘‘(4) The term ‘public infrastructure’ means 

2 any utility, road, method of transportation, or facil3 ity under the control of a State or local government 

4 or a private entity that is used by, or constructed for 

5 the benefit of, the general public.’’. 

6 SEC. 2842. PETERSBURG NATIONAL BATTLEFIELD BOUND7 ARY MODIFICATION. 

8 (a) IN GENERAL.—The boundary of Petersburg Na9 tional Battlefield is modified to include the properties as 

10 generally depicted on the map titled ‘‘Petersburg National 

11 Battlefield Boundary Expansion’’, numbered 325/80,080, 

12 and dated June 2007. The map shall be on file and avail13 able for inspection in the appropriate offices of the Na14 tional Park Service. 

15 (b) ACQUISITION OF PROPERTIES.—The Secretary of 

16 the Interior (referred to in this section as the ‘‘Secretary’’) 

17 is authorized to acquire the lands or interests in land, de18 scribed in subsection (a), from willing sellers only by dona19 tion, purchase with donated or appropriated funds, ex20 change, or transfer. 

21 (c) ADMINISTRATION.—The Secretary shall admin22 ister any land or interests in land acquired under sub23 section (b) as part of the Petersburg National Battlefield 

24 in accordance with applicable laws and regulations. 

25 (d) ADMINISTRATIVE JURISDICTION TRANSFER.— 
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1 (1) IN GENERAL.—There is transferred— 

2 (A) from the Secretary to the Secretary of 

3 the Army administrative jurisdiction over the 

4 approximately 1.170-acre parcel of land de5 picted as ‘‘Area to be transferred to Fort Lee 

6 Military Reservation’’ on the map described in 

7 paragraph (2)(A); and 

8 (B) from the Secretary of the Army to the 

9 Secretary administrative jurisdiction over the 

10 approximately 1.171-acre parcel of land de11 picted as ‘‘Area to be transferred to Petersburg 

12 National Battlefield’’ on the map described in 

13 paragraph (2)(A). 

14 (2) MAP.— 

15 (A) IN GENERAL.—The land to be trans16 ferred under paragraph (1) is depicted on the 

17 map entitled ‘‘Petersburg National Battlefield 

18 Proposed Transfer of Administrative Jurisdic19 tion’’, numbered 325/081A, and dated May 

20 2011. 

21 (B) AVAILABILITY.—The map described in 

22 subparagraph (A) shall be available for public 

23 inspection in the appropriate offices of the Na24 tional Park Service. 
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1 (3) CONDITIONS OF TRANSFER.—The transfer 

2 of administrative jurisdiction authorized in para3 graph (1) shall be subject to the following condi4 tions: 

5 (A) NO REIMBURSEMENT OR CONSIDER6 ATION.—The transfer shall occur without reim7 bursement or consideration. 

8 (B) MANAGEMENT.—The land conveyed to 

9 the Secretary under paragraph (1) shall be in10 cluded within the boundary of the Petersburg 

11 National Battlefield and shall be administered 

12 as part of the park in accordance with applica13 ble laws and regulations. 

14 SEC. 2843. CONGRESSIONAL NOTIFICATION WITH RESPECT 

15 TO OVERSIGHT AND MAINTENANCE OF BASE 

16 CEMETERIES FOLLOWING CLOSURE OF 

17 OVERSEAS MILITARY INSTALLATIONS. 

18 (a) NOTIFICATION REQUIREMENT.—Not later than 

19 30 days after closure of a United States military installa20 tion overseas, the Secretary of Defense shall submit to the 

21 appropriate congressional committees a report that details 

22 a plan to ensure the oversight and continued maintenance 

23 of the cemetery located on the military installation. The 

24 plan shall clearly detail which Federal agency or private 

25 entity will assume responsibility for the operation and 
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1 maintenance of the cemetery following the closure of the 

2 installation and what information with regard to the ceme3 tery has been provided to the responsible agency or private 

4 entity. 

5 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

6 DEFINED.—In this section, the term ‘‘appropriate con7 gressional committees’’ means the Committees on Armed 

8 Services of the Senate and the House of Representatives. 

9 SEC. 2844. ADDITIONAL EXEMPTIONS FROM CERTAIN RE10 QUIREMENTS APPLICABLE TO FUNDING FOR 

11 DATA SERVERS AND CENTERS. 

12 Section 2867(c) of the Military Construction Author13 ization Act for Fiscal Year 2012 (division B of Public Law 

14 112–81; 125 Stat. 1706; 10 U.S.C. 2223a note) is amend15 ed— 

16 (1) by striking ‘‘EXCEPTION.—The Chief’’ and 

17 inserting the following: ‘‘EXCEPTIONS.— 

18 ‘‘(1) EXEMPTION AUTHORITY.—The Chief’’; 

19 and 

20 (2) by inserting at the end the following new 

21 paragraph: 

22 ‘‘(2) The Chief Information Officer of the De23 partment may exempt from the applicability of this 

24 section research, development, test, and evaluation 

25 programs that use authorization or appropriations 
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1 for the High Performance Computing Modernization 

2 Program (Program Element 0603461A), if the Chief 

3 Information Officer determines that the exemption is 

4 in the best interest of national security.’’. 

5 DIVISION C—DEPARTMENT OF 

6 ENERGY NATIONAL SECURITY 

7 AUTHORIZATIONS AND 

8 OTHER AUTHORIZATIONS 

9 TITLE XXXI—DEPARTMENT OF 

10 ENERGY NATIONAL SECURITY 

11 PROGRAMS 

12 Subtitle A—National Security 

13 Programs Authorizations 

14 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA15 TION. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

17 are hereby authorized to be appropriated to the Depart18 ment of Energy for fiscal year 2013 for the activities of 

19 the National Nuclear Security Administration in carrying 

20 out programs as specified in the funding table in section 

21 4601. 

22 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

23 From funds referred to in subsection (a) that are available 

24 for carrying out plant projects, the Secretary of Energy 
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1 may carry out the following new plant projects for the Na2 tional Nuclear Security Administration: 

3 Project 13–D–301, Electrical Infrastructure 

4 Upgrades, Lawrence Livermore National Labora5 tory/Los Alamos National Laboratory, $23,000,000. 

6 Project 13–D–903, Kesselring Site Prototype 

7 Staff Building, Kesselring Site, West Milton, New 

8 York, $14,000,000. 

9 Project 13–D–904, Kesselring Site Radiological 

10 Work and Storage Building, Kesselring Site, West 

11 Milton, New York, $2,000,000. 

12 Project 13–D–905, Remote-Handled Low-Level 

13 Waste Disposal Project, Idaho National Laboratory, 

14 Idaho, $8,900,000. 

15 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

16 Funds are hereby authorized to be appropriated to 

17 the Department of Energy for fiscal year 2013 for defense 

18 environmental cleanup activities in carrying out programs 

19 as specified in the funding table in section 4601. 

20 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

21 Funds are hereby authorized to be appropriated to 

22 the Department of Energy for fiscal year 2013 for other 

23 defense activities in carrying out programs as specified in 

24 the funding table in section 4601. 
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1 Subtitle B—Program Authoriza2 tions, Restrictions, and Limita3 tions 

4 SEC. 3111. REPLACEMENT PROJECT FOR CHEMISTRY AND 

5 METALLURGY RESEARCH BUILDING, LOS AL6 AMOS NATIONAL LABORATORY, NEW MEXICO. 

7 (a) PROJECT REQUIRED.— 

8 (1) IN GENERAL.—Subtitle A of title XLII of 

9 the Atomic Energy Defense Act (50 U.S.C. 2521 et 

10 seq.) is amended by adding at the end the following 

11 new section: 

12 ‘‘SEC. 4215. REPLACEMENT PROJECT FOR CHEMISTRY AND 

13 METALLURGY RESEARCH BUILDING, LOS AL14 AMOS NATIONAL LABORATORY, NEW MEXICO. 

15 ‘‘(a) REPLACEMENT BUILDING REQUIRED.—The 

16 Secretary of Energy shall construct at Los Alamos Na17 tional Laboratory, New Mexico a building to replace the 

18 functions of the existing Chemistry and Metallurgy Re19 search building at Los Alamos National Laboratory asso20 ciated with Department of Energy Hazard Category 2 spe21 cial nuclear material operations. 

22 ‘‘(b) LIMITATION ON COST.—The cost of the building 

23 constructed under subsection (a) may not exceed 

24 $3,700,000,000. 
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1 ‘‘(c) PROJECT BASIS.—The construction authorized 

2 by subsection (a) shall use as it basis the facility project 

3 in the Department of Energy Readiness and Technical 

4 Base designated 04–D–125 (chemistry and metallurgy fa5 cility replacement project at Los Alamos National Labora6 tory). 

7 ‘‘(d) DEADLINE FOR COMMENCEMENT OF OPER8 ATIONS.—The building constructed under subsection (a) 

9 shall commence operations not later than December 31, 

10 2024.’’. 

11 (2) CLERICAL AND TECHNICAL AMENDMENT.— 

12 The table of contents in section 4001(b) of such Act 

13 is amended by inserting after the item relating to 

14 4213 the following new items: 

‘‘Sec. 4214. Plan for transformation of National Nuclear Security Administration nuclear weapons complex. 

‘‘Sec. 4215. Replacement project for Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico.’’. 

15 (b) FUNDING.— 

16 (1) FISCAL YEAR 2013 FUNDS.— 

17 (A) IN GENERAL.—Except as provided in 

18 subparagraph (B), of the amounts authorized to 

19 be appropriated by this division for fiscal year 

20 2013 for the National Nuclear Security Admin21 istration, $150,000,000 shall be available for 

22 the construction of the building authorized by 
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1 section 4215 of the Atomic Energy Defense Act 

2 (as added by subsection (a)). 

3 (B) EXCEPTION.—The following amounts 

4 authorized to be appropriated by this division 

5 for fiscal year 2013 for the National Nuclear 

6 Security Administration shall not be available 

7 for the construction of the building: 

8 (i) Amounts available for Directed 

9 Stockpile Work. 

10 (ii) Amounts available for Naval Reac11 tors. 

12 (iii) Amounts available for the facility 

13 project in the Department of Energy Read14 iness and Technical Base designated 06– 

15 D–141. 

16 (2) PRIOR FISCAL YEAR FUNDS.—Amounts au17 thorized to be appropriated for the Department of 

18 Energy for a fiscal year before fiscal year 2013 and 

19 available for the facility project in the Department 

20 of Energy Readiness and Technical Base designated 

21 04–D–125 (chemistry and metallurgy facility re22 placement project at Los Alamos National Labora23 tory, New Mexico) shall be available for the con24 struction of the building authorized by section 4215 

25 of the Atomic Energy Defense Act (as so added). 
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1 SEC. 3112. SUBMITTAL TO CONGRESS OF SELECTED ACQUI2 SITION REPORTS AND INDEPENDENT COST 

3 ESTIMATES ON NUCLEAR WEAPON SYSTEMS 

4 UNDERGOING LIFE EXTENSION. 

5 (a) SUBMITTAL REQUIRED.—Subtitle A of title XLII 

6 of the Atomic Energy Defense Act (50 U.S.C. 2521 et 

7 seq.), as amended by section 3111 of this Act, is further 

8 amended by adding at the end the following new section: 

9 ‘‘SEC. 4216. SELECTED ACQUISITION REPORTS AND INDE10 PENDENT COST ESTIMATES ON NUCLEAR 

11 WEAPON SYSTEMS UNDERGOING LIFE EX12 TENSION. 

13 ‘‘(a) SELECTED ACQUISITION REPORTS.—(1) The 

14 Secretary of Energy shall, acting through the Adminis15 trator of the National Nuclear Security Administration, 

16 submit to the congressional defense committees at the end 

17 of each fiscal-year quarter a report on each nuclear weap18 on system undergoing life extension. The reports shall be 

19 known as Selected Acquisition Reports for the weapon sys20 tem concerned. 

21 ‘‘(2) The information contained in the Selected Ac22 quisition Report for a fiscal-year quarter for a nuclear 

23 weapon system shall be the information contained in the 

24 Selected Acquisition Report for such fiscal-year quarter 

25 for a major defense acquisition program under section 
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1 2432 of title 10, United States Code, expressed in terms 

2 of the nuclear weapon system. 

3 ‘‘(b) INDEPENDENT COST ESTIMATES.—(1) The Sec4 retary of Energy shall, acting through the Administrator 

5 of the National Nuclear Security Administration, submit 

6 to the congressional defense committees a cost estimate 

7 on each nuclear weapon system undergoing life extension 

8 at the times in production as follows: 

9 ‘‘(A) At the completion of phase 6.2A, relating 

10 to design definition and cost study. 

11 ‘‘(B) Before initiation of phase 6.5, relating to 

12 first production. 

13 ‘‘(2) A cost estimate for purposes of this subsection 

14 may not be prepared by the Department of Energy or the 

15 National Nuclear Security Administration.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 4001(b) of such Act, as so amended, is further 

18 amended by inserting after the item relating to 4215 the 

19 following new item: 

‘‘Sec. 4216. Selected Acquisition Reports and independent cost estimates on 

nuclear weapon systems undergoing life extension.’’. 
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1 SEC. 3113. TWO-YEAR EXTENSION OF SCHEDULE FOR DIS2 POSITION OF WEAPONS-USABLE PLUTONIUM 

3 AT SAVANNAH RIVER SITE, AIKEN, SOUTH 

4 CAROLINA. 

5 Section 4306 of the Atomic Energy Defense Act (50 

6 U.S.C. 2566) is amended— 

7 (1) in subsection (a)(3)— 

8 (A) in subparagraph (C), by striking 

9 ‘‘2012’’ and inserting ‘‘2014’’; and 

10 (B) in subparagraph (D), by striking 

11 ‘‘2017’’ and inserting ‘‘2019’’; 

12 (2) in subsection (b)— 

13 (A) in paragraph (1), by striking ‘‘by Jan14 uary 1, 2012’’; and 

15 (B) in paragraph (5), by striking ‘‘2012’’ 

16 and inserting ‘‘2014’’; 

17 (3) in subsection (c)— 

18 (A) in the matter preceding paragraph (1), 

19 by striking ‘‘2012’’ and inserting ‘‘2014’’; 

20 (B) in paragraph (1), by striking ‘‘2014’’ 

21 and inserting ‘‘2016’’; and 

22 (C) in paragraph (2), by striking ‘‘2020’’ 

23 each place it appears and inserting ‘‘2022’’; 

24 (4) in subsection (d)— 

25 (A) in paragraph (1)— 
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1 (i) by striking ‘‘2014’’ and inserting 

2 ‘‘2016’’; and 

3 (ii) by striking ‘‘2019’’ and inserting 

4 ‘‘2021’’; and 

5 (B) in paragraph (2)(A), by striking 

6 ‘‘2020’’ each place it appears and inserting 

7 ‘‘2022’’; and 

8 (5) in subsection (e), by striking ‘‘2023’’ and 

9 inserting ‘‘2025’’. 

10 SEC. 3114. PROGRAM ON SCIENTIFIC ENGAGEMENT FOR 

11 NONPROLIFERATION. 

12 (a) PROGRAM REQUIRED.— 

13 (1) IN GENERAL.—Title XLIII of the Atomic 

14 Energy Defense Act (50 U.S.C. 2562 et seq.) is 

15 amended by adding at the end the following new sec16 tion: 

17 ‘‘SEC. 4309. PROGRAM ON SCIENTIFIC ENGAGEMENT FOR 

18 NONPROLIFERATION. 

19 ‘‘(a) PROGRAM REQUIRED.—(1) The Secretary of 

20 Energy shall, acting through the Administrator of the Na21 tional Nuclear Security Administration, carry out a pro22 gram on scientific engagement in countries selected by the 

23 Secretary for purposes of the program in order to advance 

24 global nonproliferation and nuclear security efforts. 
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1 ‘‘(2) The program required by this section shall be 

2 a distinct program from the Global Initiatives for Pro3 liferation Prevention program. 

4 ‘‘(b) ELEMENTS.—The program shall include the ele5 ments as follows: 

6 ‘‘(1) Training and capacity-building to 

7 strengthen nonproliferation and security best prac8 tices. 

9 ‘‘(2) Engagement of United States scientists 

10 with foreign counterparts to advance nonprolifera11 tion goals. 

12 ‘‘(c) REPORT ON COMMENCEMENT OF PROGRAM.— 

13 Funds may not be expended under the program required 

14 by this section until the Administrator submits to the ap15 propriate congressional committees a report setting forth 

16 the following: 

17 ‘‘(1) For each country selected for the program 

18 as of the date of such report— 

19 ‘‘(A) a proliferation threat assessment pre20 pared by the Director of National Intelligence; 

21 and 

22 ‘‘(B) metrics for evaluating the success of 

23 the program. 
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1 ‘‘(2) Accounting standards for the conduct of 

2 the program approved by the Comptroller General of 

3 the United States. 

4 ‘‘(d) REPORTS ON MODIFICATION OF PROGRAM.— 

5 Before making any modification in the program (whether 

6 selecting a new country for the program, ceasing the selec7 tion of a country for the program, or modifying an element 

8 of the program), the Administrator shall submit to the ap9 propriate congressional committees a report on the modi10 fication. If the modification consists of the selection for 

11 the program of a country not previously selected for the 

12 program, the report shall include the matters specified in 

13 subsection (c)(1) for the country. 

14 ‘‘(e) APPROPRIATE CONGRESSIONAL COMMITTEES

15 DEFINED.—In this section, the term ‘appropriate congres16 sional committees’ means— 

17 ‘‘(1) the Committee on Appropriations, the 

18 Committee on Armed Services, the Committee on 

19 Foreign Relations, and the Select Committee on In20 telligence of the Senate; and 

21 ‘‘(2) the Committee on Appropriations, the 

22 Committee on Armed Services, the Committee on 

23 Foreign Affairs, and the Permanent Select Com24 mittee on Intelligence of the House of Representa25 tives.’’. 
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1 (2) CLERICAL AMENDMENT.—The table of con2 tents in section 4001(b) of such Act (division D of 

3 Public Law 107–314) is amended by inserting after 

4 the item relating to section 4308 the following new 

5 item: 

‘‘Sec. 4309. Program on scientific engagement for nonproliferation.’’. 

6 (b) REPORT ON COORDINATION WITH OTHER

7 UNITED STATES NONPROLIFERATION PROGRAMS.—Not 

8 later than 180 days after the date of the enactment of 

9 this Act, the Administrator of the National Nuclear Secu10 rity Administration shall submit to the appropriate con11 gressional committees a report describing the manner in 

12 which the program on scientific engagement for non13 proliferation under section 4309 of the Atomic Energy De14 fense Act (as added by subsection (a)) coordinates with 

15 and complements, but does not duplicate, other non16 proliferation programs of the United States Government. 

17 (c) COMPTROLLER GENERAL OF THE UNITED

18 STATES REPORT.—Not later than two years after the date 

19 of the enactment of this Act, the Comptroller General of 

20 the United States shall submit to the appropriate congres21 sional committees a report on the program on scientific 

22 engagement for nonproliferation under section 4309 of the 

23 Atomic Energy Defense Act (as so added). The report 

24 shall include an assessment by the Comptroller General 

25 of the success of the program, as determined in accord-
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1 ance with the metrics for evaluating the success of the 

2 program under subsection (c)(1)(B) of such section 4309, 

3 and such other matters on the program as the Comptroller 

4 General considers appropriate. 

5 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

6 DEFINED.—In this section, the term ‘‘appropriate con7 gressional committees’’ means— 

8 (1) the Committee on Appropriations, the Com9 mittee on Armed Services, the Committee on For10 eign Relations, and the Select Committee on Intel11 ligence of the Senate; and 

12 (2) the Committee on Appropriations, the Com13 mittee on Armed Services, the Committee on For14 eign Affairs, and the Permanent Select Committee 

15 on Intelligence of the House of Representatives. 

16 SEC. 3115. REPEAL OF REQUIREMENT FOR ANNUAL UP17 DATE OF DEPARTMENT OF ENERGY DEFENSE 

18 NUCLEAR FACILITIES WORKFORCE RE19 STRUCTURING PLAN. 

20 Section 4604 of the Atomic Energy Defense Act (50 

21 U.S.C. 2704) is amended— 

22 (1) in subsection (b)(1), by striking ‘‘and any 

23 updates of the plan under subsection (e)’’; 

24 (2) by striking subsection (e); 
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1 (3) by redesignating subsections (f) and (g) as 

2 subsections (e) and (f), respectively; and 

3 (4) in subsection (e), as redesignated by para4 graph (3)— 

5 (A) by striking ‘‘(1)’’ before ‘‘The Sec6 retary’’; and 

7 (B) by striking paragraph (2). 

8 SEC. 3116. QUARTERLY REPORTS TO CONGRESS ON FINAN9 CIAL BALANCES FOR ATOMIC ENERGY DE10 FENSE ACTIVITIES. 

11 (a) REPORTS REQUIRED.—Subtitle C of title XLVII 

12 of the Atomic Energy Defense Act (50 U.S.C. 2771 et 

13 seq.) is amended by adding at the end the following new 

14 section: 

15 ‘‘SEC. 4732. QUARTERLY REPORTS ON FINANCIAL BAL16 ANCES FOR ATOMIC ENERGY DEFENSE AC17 TIVITIES. 

18 ‘‘(a) REPORTS REQUIRED.—Not later than 15 days 

19 after the end of each fiscal year quarter, the Secretary 

20 of Energy shall submit to the congressional defense com21 mittees a report on the financial balances for each atomic 

22 energy defense program at the budget control levels used 

23 in the report accompanying the most current Act appro24 priating funds for energy and water development. 
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1 ‘‘(b) ELEMENTS.—Each report under subsection (a) 

2 shall set forth, for each program covered by such report, 

3 the following as of the end of the fiscal year quarter cov4 ered by such report: 

5 ‘‘(1) The total amount authorized to be appro6 priated, including amounts authorized to be appro7 priated in the current fiscal year and amounts au8 thorized to be appropriated for prior fiscal years. 

9 ‘‘(2) The amount unobligated. 

10 ‘‘(3) The amount unobligated but committed. 

11 ‘‘(4) The amount obligated, but uncosted. 

12 ‘‘(c) PRESENTATION.—Each report under subsection 

13 (a) shall present information as follows: 

14 ‘‘(1) For each program, in summary form and 

15 by fiscal year. 

16 ‘‘(2) With financial balances in connection with 

17 funding under recurring DoE national security au18 thorizations (as that term is defined in section 

19 4701(1)) presented separately from balances in con20 nection with funding under any other provisions of 

21 law.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents 

23 in section 4001(b) of such Act is amended by inserting 

24 after the item relating to section 4731 the following new 

25 item: 
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‘‘Sec. 4732. Quarterly reports on financial balances for atomic energy defense 

activities.’’. 

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 BY THE NATIONAL NUCLEAR 

12 SECURITY ADMINISTRATION LEADING TO 

13 AWARD FEES. 

14 ‘‘(a) IN GENERAL.—The Administrator of the Na15 tional Nuclear Security Administration shall take appro16 priate actions to make available, to the maximum extent 

17 practicable, to the public each contractor performance 

18 evaluation conducted by the Administration of a national 

19 laboratory, production plant, or single user facility under 

20 the management responsibility of the Administration that 

21 results in the award of an award fee to the contractor con22 cerned. 

23 ‘‘(b) FORMAT.—Performance evaluations shall be 

24 made public under this section in a common format that 
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1 facilitates comparisons of performance evaluations be2 tween and among similar management contracts.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents in section 4001(b) of that Act is amended by 

5 inserting after the item relating to section 4804 the 

6 following new item: 

‘‘Sec. 4805. Publication of contractor performance evaluations by the National 

Nuclear Security Administration leading to award fees.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a) shall take effect on the date of the enact9 ment of this Act, and shall apply with respect to con10 tractor performance evaluations conducted by the Na11 tional Nuclear Security Administration on or after that 

12 date. 

13 SEC. 3118. EXPANSION OF AUTHORITY TO ESTABLISH CER14 TAIN SCIENTIFIC, ENGINEERING, AND TECH15 NICAL POSITIONS. 

16 (a) NUMBER OF POSITIONS.—Section 3241 of the 

17 National Nuclear Security Administration Act (50 U.S.C. 

18 2441) is amended by striking ‘‘300’’ and inserting ‘‘700’’. 

19 (b) EXTENSION TO CONTRACTING POSITIONS.—Such 

20 section is further amended by inserting ‘‘contracting,’’ be21 fore ‘‘scientific’’. 

22 (c) CONFORMING AMENDMENT.—The heading of 

23 such section is amended to read as follows: 
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1 ‘‘SEC. 3241. AUTHORITY TO ESTABLISH CERTAIN CON2 TRACTING, SCIENTIFIC, ENGINEERING, AND 

3 TECHNICAL POSITIONS.’’. 

4 (d) CLERICAL AMENDMENT.—The table of contents 

5 for the National Nuclear Security Administration Act is 

6 amended by striking the item relating to section 3241 and 

7 inserting the following new item: 

‘‘Sec. 3241. Authority to establish certain contracting, scientific, engineering, 

and technical positions.’’. 

8 SEC. 3119. MODIFICATION AND EXTENSION OF AUTHORITY 

9 ON ACCEPTANCE OF CONTRIBUTIONS FOR 

10 ACCELERATION OF REMOVAL OR SECURITY 

11 OF FISSILE MATERIALS, RADIOLOGICAL MA12 TERIALS, AND RELATED EQUIPMENT AT VUL13 NERABLE SITES WORLDWIDE. 

14 (a) PROGRAMS FOR WHICH FUNDS MAY BE ACCEPT15 ED.—Paragraph (2) of section 3132(f) of the Ronald W. 

16 Reagan National Defense Authorization Act for Fiscal 

17 Year 2005 (50 U.S.C. 2569(f)) is amended to read as fol18 lows: 

19 ‘‘(2) PROGRAMS COVERED.—The programs de20 scribed in this paragraph are any programs within 

21 the Office of Defense Nuclear Nonproliferation of 

22 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. 3120. COST CONTAINMENT FOR Y–12 URANIUM PROC5 ESSING FACILITY, Y–12 NATIONAL SECURITY 

6 COMPLEX, OAK RIDGE, TENNESSEE. 

7 (a) EXECUTION PHASES FOR PROJECT.—Project 06– 

8 D–141 for the Y–12 Uranium Processing Facility, Y–12 

9 National Security Complex, Oak Ridge, Tennessee, shall 

10 be broken into separate execution phases as follows 

11 (1) Phase I, which shall consist of processes as12 sociated with building 9212, including uranium cast13 ing and uranium chemical processing. 

14 (2) Phase II, which shall consist of processes 

15 associated with buildings 9215 and 9998, including 

16 uranium metal working, machining, and inspection. 

17 (3) Phase III, which shall consist of processes 

18 associated with building 9204–2E. including radiog19 raphy, assembly, disassembly, quality evaluation, 

20 and production certification operations of nuclear 

21 weapon secondaries. 

22 (b) BUDGETING AND AUTHORIZATION FOR EACH

23 PHASE.— 

24 (1) BUDGETING FOR EACH PHASE REQUIRED.— 

25 The Secretary of Energy shall budget separately for 
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1 each phase under subsection (a) of the project re2 ferred to in that subsection. 

3 (2) FUNDING PURSUANT TO SEPARATE AU4 THORIZATIONS OF APPROPRIATIONS.—The Secretary 

5 may not proceed with a phase under subsection (a) 

6 of the project referred to in that subsection except 

7 with funds expressly authorized to be appropriated 

8 for that phase by law. 

9 (c) COMPLIANCE OF PHASES WITH DOE ORDER ON

10 PROGRAM AND PROJECT MANAGEMENT.—Each phase 

11 under subsection (a) of the project referred to in that sub12 section shall comply with Department of Energy Order 

13 413.3, relating to Program Management and Project Man14 agement for the Acquisition of Capital Assets. 

15 (d) LIMITATION ON COST OF PHASE I.—The total 

16 cost of Phase I under subsection (a) of the project referred 

17 to in that subsection may not exceed $4,200,000,000. 

18 SEC. 3121. AUTHORITY TO RESTORE CERTAIN FORMERLY 

19 RESTRICTED DATA TO THE RESTRICTED 

20 DATA CATEGORY. 

21 (a) IN GENERAL.—Section 142 of the Atomic Energy 

22 Act of 1954 (42 U.S.C. 2162) is amended— 

23 (1) in subsection d.— 

24 (A) by inserting ‘‘(1)’’ before ‘‘The Com25 mission’’; and 
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1 (B) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(2) The Commission may restore to the Restricted 

4 Data category any information related to the design of nu5 clear weapons removed under paragraph (1) if the Com6 mission and the Department of Defense jointly determine 

7 that— 

8 ‘‘(A) the programmatic requirements that 

9 caused the information to be removed from the Re10 stricted Data category are no longer applicable or 

11 have diminished; 

12 ‘‘(B) the information would be more appro13 priately protected as Restricted Data; and 

14 ‘‘(C) restoring the information to the Restricted 

15 Data category is in the interest of national security. 

16 ‘‘(3) Information related to the design of nuclear 

17 weapons shall be restored to the Restricted Data category 

18 under paragraph (2) in accordance with regulations pre19 scribed by the Commission for purposes of that para20 graph.’’; and 

21 (2) in subsection e.— 

22 (A) by inserting ‘‘(1)’’ before ‘‘The Com23 mission’’; and 

24 (B) by adding at the end the following new 

25 paragraphs: 
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1 ‘‘(2) The Commission may restore to the Restricted 

2 Data category any information concerning atomic energy 

3 programs of other nations removed under paragraph (1) 

4 if the Commission and the Director of National Intel5 ligence jointly determine that— 

6 ‘‘(A) the programmatic requirements that 

7 caused the information to be removed from the Re8 stricted Data category are no longer applicable or 

9 have diminished; 

10 ‘‘(B) the information would be more appro11 priately protected as Restricted Data; and 

12 ‘‘(C) restoring the information to the Restricted 

13 Data category is in the interest of national security. 

14 ‘‘(3) Information concerning atomic energy programs 

15 of other nations shall be restored to the Restricted Data 

16 category under paragraph (2) in accordance with regula17 tions prescribed by the Commission for purposes of that 

18 paragraph.’’. 

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

20 subsection (e) of such section, as designated by subsection 

21 (a)(2)(A) of this section, is further amended by striking 

22 ‘‘Director of Central Intelligence’’ and inserting ‘‘Director 

23 of National Intelligence’’. 
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1 SEC. 3122. RENEWABLE ENERGY. 

2 Section 203(b)(2) of the Energy Policy Act of 2005 

3 (42 U.S.C. 15852(b)(2)) is amended by striking ‘‘geo4 thermal,’’ and inserting ‘‘geothermal (including geo5 thermal heat pumps),’’. 

6 Subtitle C—Reports 

7 SEC. 3131. REPORT ON ACTIONS REQUIRED FOR TRANSI8 TION OF REGULATION OF NON-NUCLEAR AC9 TIVITIES OF THE NATIONAL NUCLEAR SECU10 RITY ADMINISTRATION TO OTHER FEDERAL 

11 AGENCIES. 

12 Not later than February 28, 2013, the Secretary of 

13 Energy shall, acting through the Administrator of the Na14 tional Nuclear Security Administration, submit to Con15 gress a report on the actions required to transition, to the 

16 maximum extent practicable, the regulation of the non17 nuclear activities of the National Nuclear Security Admin18 istration to other appropriate agencies of the Federal Gov19 ernment by not later than October 1, 2017. 

20 SEC. 3132. REPORT ON CONSOLIDATION OF FACILITIES OF 

21 THE NATIONAL NUCLEAR SECURITY ADMIN22 ISTRATION. 

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

24 after the date of the enactment of this Act, the Nuclear 

25 Weapons Council shall submit to the congressional defense 

26 committees a report setting forth the assessment of the 
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1 Council as to the feasibility of consolidating facilities and 

2 functions of the National Nuclear Security Administration 

3 in order to reduce costs. 

4 (b) PROCESS FOR CONSOLIDATION.—If the assess5 ment of the Council in the report under subsection (a) 

6 is that excess facilities exist and the consolidation of facili7 ties and functions of the Administration is feasible and 

8 would reduce cost, the report shall include recommenda9 tions for a process to determine the manner in which the 

10 consolidation should be accomplished, including an esti11 mate of the time to be required to complete the process. 

12 (c) LIMITATION ON AVAILABILITY OF CERTAIN

13 FUNDS PENDING REPORT.—Amounts authorized to be 

14 appropriated by this title and available for the facility 

15 projects in the Department of Energy Readiness and 

16 Technical Base designated 04–D–125 and 06–D–141 may 

17 not be obligated or expended for CD–3, Start of Construc18 tion (as found in Department of Energy Order 413.3 B 

19 Program and Project Management for the Acquisition of 

20 Capital Assets,) until the submittal under subsection (a) 

21 of the report required by that subsection. 

22 SEC. 3133. REGIONAL RADIOLOGICAL SECURITY ZONES. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 
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1 (1) A terrorist attack using high-activity radio2 logical materials, such as in a dirty bomb, could in3 flict billions of dollars of economic costs and consid4 erable societal and economic dislocation, with effects 

5 and costs possibly lasting for years. 

6 (2) It may be easier for terrorists to obtain the 

7 materials for, and to fabricate, a dirty bomb than an 

8 improvised nuclear device. 

9 (3) Radiological materials are in widespread use 

10 worldwide, with estimates of the number of radio11 logical sources ranging from 100,000 to millions. 

12 (4) Many nations have a security and regu13 latory regime for their radiological sources that is 

14 much less developed than that of the United States. 

15 (5) Radiological materials are used at many ci16 vilian sites including hospitals, industrial sites, and 

17 other locations that have little security, placing these 

18 materials at risk of theft. 

19 (6) Many radiological materials have become 

20 lost, disused, unwanted, or abandoned, with the 

21 Global Threat Reduction Initiative of the National 

22 Nuclear Security Administration having recovered 

23 more than 30,000 radioactive sources in the United 

24 States, repatriated more than 2,400 United States25 origin sources from other countries, and helped re-
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1 cover more than 13,000 radioactive sources and ra2 dioisotope thermoelectric generators in other coun3 tries. 

4 (7) High-activity radiological materials can be 

5 used in a dirty bomb. 

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that United States and global nonproliferation ef8 forts should place a high priority on programs to secure 

9 high-activity radiological sources to reduce the threat of 

10 radiological terrorism. 

11 (c) STUDY.— 

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

13 after the date of the enactment of this Act, the Ad14 ministrator of the National Nuclear Security Admin15 istration shall submit to the appropriate committees 

16 of Congress a study in accordance with paragraph 

17 (3). 

18 (2) CONSULTATION.—The Administrator may, 

19 in conducting the study required under paragraph 

20 (1), consult with the Secretary of Homeland Secu21 rity, the Secretary of State, the Nuclear Regulatory 

22 Commission, and such other departments and agen23 cies of the United States Government as the Admin24 istrator considers appropriate. 
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1 (3) MATTERS INCLUDED.—The study under 

2 paragraph (1) shall include the following: 

3 (A) An assessment of the radioactive iso4 topes and associated activity levels that present 

5 the greatest risk to national and international 

6 security. 

7 (B) A review of current United States 

8 Government efforts to secure radiological mate9 rials abroad, including coordination with foreign 

10 governments, the European Union, the Inter11 national Atomic Energy Agency, other inter12 national programs, and nongovernmental orga13 nizations that identify, register, secure, remove, 

14 and provide for the disposition of high-risk ra15 diological materials worldwide. 

16 (C) A review of current United States Gov17 ernment efforts to secure radiological materials 

18 domestically at civilian sites, including hos19 pitals, industrial sites, and other locations. 

20 (D) A definition of regional radiological se21 curity zones, including the subset of the mate22 rials of concern to be the immediate focus and 

23 the security best practices required to achieve 

24 that goal. 
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1 (E) An assessment of the feasibility, cost, 

2 desirability, and added benefit of establishing 

3 regional radiological security zones in high pri4 ority areas worldwide in order to facilitate re5 gional collaboration in— 

6 (i) identifying and inventorying high7 activity radiological sources at high-risk 

8 sites; 

9 (ii) reviewing national level regula10 tions, inspections, transportation security, 

11 and security upgrade options; and 

12 (iii) assessing opportunities for the 

13 harmonization of regulations and security 

14 practices among the nations of the region. 

15 (F) An assessment of the feasibility, cost, 

16 desirability, and added benefit of establishing 

17 remote regional monitoring centers that would 

18 receive real-time data from radiological security 

19 sites, would be staffed by trained personnel 

20 from the countries in the region, and would 

21 alert local law enforcement in the event of a po22 tential or actual terrorist incident or other 

23 emergency. 

24 (G) A list and assessment of the best prac25 tices used in the United States that are most 
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1 critical in enhancing domestic radiological mate2 rial security and could be used to enhance radi3 ological security worldwide. 

4 (H) An assessment of the United States 

5 entity or entities that would be best suited to 

6 lead efforts to establish a radiological security 

7 zone program. 

8 (I) An estimate of the costs associated 

9 with the implementation of a radiological secu10 rity zone program. 

11 (J) An assessment of the known locations 

12 outside the United States housing high-risk ra13 diological materials in excess of 1,000 curies. 

14 (4) FORM.—The study required under para15 graph (1) shall be submitted in unclassified form, 

16 but may include a classified annex. 

17 (d) APPROPRIATE COMMITTEES OF CONGRESS DE18 FINED.—In this section, the term ‘‘appropriate commit19 tees of Congress’’ means— 

20 (1) the Committee on Armed Services, the 

21 Committee on Homeland Security and Governmental 

22 Affairs, and the Committee on Foreign Relations of 

23 the Senate; and 

24 (2) the Committee on Armed Services, the 

25 Committee on Homeland Security, and the Com-
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1 mittee on Foreign Affairs of the House of Rep2 resentatives. 

3 SEC. 3134. REPORT ON LEGACY URANIUM MINES. 

4 (a) REPORT.— 

5 (1) IN GENERAL.—The Secretary of Energy 

6 shall undertake a review of, and prepare a report on, 

7 abandoned uranium mines at which uranium ore was 

8 mined for the weapons program of the United States 

9 (hereinafter referred to as ‘‘legacy uranium mines’’). 

10 (2) MATTERS TO BE ADDRESSED.—The report 

11 shall describe and analyze— 

12 (A) the location of the legacy uranium 

13 mines on Federal, State, tribal, and private 

14 land, taking into account any existing inven15 tories undertaken by Federal agencies, States, 

16 and Indian tribes, and any additional informa17 tion available to the Secretary; 

18 (B) the extent to which the legacy uranium 

19 mines— 

20 (i) may pose a potential and signifi21 cant radiation health hazard to the public; 

22 (ii) may pose some other threat to 

23 public health and safety hazard; 

24 (iii) have caused, or may cause, deg25 radation of water quality; and 
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1 (iv) have caused, or may cause, envi2 ronmental degradation; 

3 (C) a ranking of priority by category for 

4 the remediation and reclamation of the legacy 

5 uranium mines; 

6 (D) the potential cost and feasibility of re7 mediating and reclaiming, in accordance with 

8 applicable Federal law, each category of legacy 

9 uranium mines; and 

10 (E) the status of any efforts to remediate 

11 and reclaim legacy uranium mines. 

12 (b) RECOMMENDATIONS.—The report shall— 

13 (1) make recommendations as to how to ensure 

14 most feasibly and effectively and expeditiously that 

15 the public health and safety, water resources, and 

16 the environment will be protected from the adverse 

17 effects of legacy uranium mines; and 

18 (2) make recommendations on changes, if any, 

19 to Federal law to address the remediation and rec20 lamation of legacy uranium mines. 

21 (c) CONSULTATION.—In preparing the report, the 

22 Secretary of Energy shall consult with any other relevant 

23 Federal agencies, affected States and Indian tribes, and 

24 interested members of the public. 
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1 (d) REPORT TO CONGRESS.—Not later than 18 

2 months after the date of enactment of this Act, the Sec3 retary of Energy shall submit to the Committee on Armed 

4 Services and the Committee on Energy and Natural Re5 sources of the Senate and the appropriate Committees of 

6 the House of Representatives— 

7 (1) the report; and 

8 (2) the plan and timeframe of the Secretary of 

9 Energy for implementing those recommendations of 

10 the report that do not require legislation. 

11 SEC. 3135. COMPTROLLER GENERAL OF THE UNITED 

12 STATES REVIEW OF PROJECTS CARRIED OUT 

13 BY OFFICE OF ENVIRONMENTAL MANAGE14 MENT OF THE DEPARTMENT OF ENERGY 

15 PURSUANT TO THE AMERICAN RECOVERY 

16 AND REINVESTMENT ACT OF 2009. 

17 Section 3134 of the National Defense Authorization 

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

19 2713) is amended— 

20 (1) in subsection (c)— 

21 (A) in paragraph (1), by striking ‘‘The 

22 Comptroller General shall conduct a review dur23 ing the period described in paragraph (2), of 

24 the following:’’ and inserting ‘‘Beginning on the 

25 date of the submittal of the report required 
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1 under subsection (b)(2), the Comptroller Gen2 eral shall conduct a review of the following:’’; 

3 (B) by striking paragraph (2); 

4 (C) by redesignating paragraph (3) as 

5 paragraph (2); and 

6 (D) in paragraph (2), as redesignated by 

7 subparagraph (C), by striking ‘‘the end of the 

8 period described in paragraph (2)’’ and insert9 ing ‘‘August 30, 2012’’; and 

10 (2) in subsection (d)— 

11 (A) in paragraph (1), by striking ‘‘Begin12 ning on the date on which the Comptroller Gen13 eral submits the last report required under sub14 section (c)(3), the Comptroller General shall 

15 conduct a review of the following:’’ and insert16 ing ‘‘Following the submittal of the final report 

17 required under subsection (c)(2), the Comp18 troller General shall conduct a review of the fol19 lowing:’’; and 

20 (B) in paragraph (2), by striking ‘‘Not 

21 later than 90 days after submitting the last re22 port required under subsection (c)(3)’’ and in23 serting ‘‘Within seven months after receiving 

24 notification that all American Recovery and Re-
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1 investment Act funds have been expended, but 

2 not later than April 30, 2016’’. 

3 Subtitle D—Other Matters 

4 SEC. 3141. SENSE OF CONGRESS ON OVERSIGHT OF THE 

5 NUCLEAR SECURITY ENTERPRISE. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) In 2000, the National Nuclear Security Ad9 ministration was established as an independent enti10 ty within the Department of Energy to manage and 

11 secure the nuclear weapons stockpile of the United 

12 States and to manage nuclear nonproliferation and 

13 naval reactor programs. 

14 (2) Serious security and health incidents con15 tinue to occur at sites of the National Nuclear Secu16 rity Administration. 

17 (3) In September 2012, an official of the Gov18 ernment Accountability Office testified to Congress 

19 that lax laboratory attitudes toward safety proce20 dures, laboratory inadequacies in identifying and ad21 dressing safety problems with appropriate corrective 

22 actions, and inadequate oversight by site offices of 

23 the National Nuclear Security Administration were 

24 responsible for nearly 100 safety incidents since 

25 2000. 
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1 (4) On July 28, 2012, three unarmed individ2 uals compromised security at the Y–12 National Se3 curity Complex in Oak Ridge, Tennessee, and ac4 cording to the Government Accountability Office, 

5 ‘‘gained access to the protected security area directly 

6 adjacent to one of the nation’s most critically impor7 tant nuclear weapons-related facilities’’. 

8 (5) In June 2006, hackers attacked an unclassi9 fied computer system at the National Nuclear Secu10 rity Administration’s Service Center in Albuquerque, 

11 New Mexico, and gained access to a file containing 

12 the names and social security numbers of more than 

13 1,500 employees of the National Nuclear Security 

14 Administration. 

15 (6) As early as February 2005, the Inspector 

16 General of the Department of Energy identified 

17 problems with the retrieval of badges from termi18 nated employees at Los Alamos National Laboratory 

19 and other sites of the National Nuclear Security Ad20 ministration. 

21 (7) In 2004, a pattern of safety and security in22 cidents that occurred over the course of a year 

23 prompted the stand-down of Los Alamos National 

24 Laboratory. 
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1 (8) The National Nuclear Security Administra2 tion, independent of the safety and security reform 

3 efforts of the Department of Energy, has launched 

4 an overhaul of its contracting oversight, placing an 

5 emphasis on contractor self-policing through an un6 tested ‘‘contractor assurance’’ approach. 

7 (9) The Government Accountability Office has 

8 given the contractor administration and project 

9 management capabilities of the National Nuclear Se10 curity Administration a ‘‘high risk’’ designation and 

11 found there to be insufficient qualified Federal ac12 quisition professionals to ‘‘plan, direct, and oversee 

13 project execution’’. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that— 

16 (1) there is a need for strong, independent over17 sight of the United States nuclear security enter18 prise; 

19 (2) any attempt to reform oversight of the nu20 clear security enterprise that transfers oversight 

21 from the Department of Energy to the National Nu22 clear Security Administration, reduces protections 

23 for worker health and safety at facilities of the Na24 tional Nuclear Security Administration to levels 

25 below the standards of the Department of Energy, 
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1 or transfers construction appropriations for the nu2 clear security enterprise from the Department of 

3 Energy appropriation account to the military con4 struction appropriation account, should be carefully 

5 evaluated; 

6 (3) the Office of Health, Safety, and Security 

7 of the Department of Energy, which reports to the 

8 Secretary of Energy but is also accountable for rou9 tinely reporting to Congress on the performance with 

10 respect to safety and security of the Department, in11 cluding the National Nuclear Security Administra12 tion, and the role of that Office in overseeing safety 

13 and security at the National Nuclear Security Ad14 ministration, should not be diminished but should be 

15 routinely evaluated; 

16 (4) any future modifications to the management 

17 or structure of the nuclear security enterprise should 

18 be done in a way that maintains or increases over19 sight of critical construction, security, and acquisi20 tion capabilities; 

21 (5) to the extent possible, oversight of programs 

22 of the National Nuclear Security Administration by 

23 the Department of Defense should increase to en24 sure current and future warfighting requirements 

25 are met; and 
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1 (6) the Nuclear Weapons Council should pro2 vide proper oversight in the execution of its respon3 sibilities under section 179 of title 10, United States 

4 Code. 

5 Subtitle E—American Medical 

6 Isotopes Production 

7 SEC. 3151. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘American Medical 

9 Isotopes Production Act of 2012’’. 

10 SEC. 3152. DEFINITIONS. 

11 In this subtitle: 

12 (1) DEPARTMENT.—The term ‘‘Department’’ 

13 means the Department of Energy. 

14 (2) HIGHLY ENRICHED URANIUM.—The term 

15 ‘‘highly enriched uranium’’ means uranium enriched 

16 to 20 percent or greater in the isotope U–235. 

17 (3) LOW ENRICHED URANIUM.—The term ‘‘low 

18 enriched uranium’’ means uranium enriched to less 

19 than 20 percent in the isotope U–235. 

20 (4) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Energy. 

22 SEC. 3153. IMPROVING THE RELIABILITY OF DOMESTIC 

23 MEDICAL ISOTOPE SUPPLY. 

24 (a) MEDICAL ISOTOPE DEVELOPMENT PROJECTS.— 
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1 (1) IN GENERAL.—The Secretary shall carry 

2 out a technology-neutral program— 

3 (A) to evaluate and support projects for 

4 the production in the United States, without 

5 the use of highly enriched uranium, of signifi6 cant quantities of molybdenum-99 for medical 

7 uses; 

8 (B) to be carried out in cooperation with 

9 non-Federal entities; and 

10 (C) the costs of which shall be shared in 

11 accordance with section 988 of the Energy Pol12 icy Act of 2005 (42 U.S.C. 16352). 

13 (2) CRITERIA.—Projects shall be judged against 

14 the following primary criteria: 

15 (A) The length of time necessary for the 

16 proposed project to begin production of molyb17 denum-99 for medical uses within the United 

18 States. 

19 (B) The capability of the proposed project 

20 to produce a significant percentage of United 

21 States demand for molybdenum-99 for medical 

22 uses. 

23 (C) The cost of the proposed project. 

24 (3) EXEMPTION.—An existing reactor in the 

25 United States fueled with highly enriched uranium 
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1 shall not be disqualified from the program if the 

2 Secretary determines that— 

3 (A) there is no alternative nuclear reactor 

4 fuel, enriched in the isotope U–235 to less than 

5 20 percent, that can be used in that reactor; 

6 (B) the reactor operator has provided as7 surances that, whenever an alternative nuclear 

8 reactor fuel, enriched in the isotope U–235 to 

9 less than 20 percent, can be used in that reac10 tor, it will use that alternative in lieu of highly 

11 enriched uranium; and 

12 (C) the reactor operator has provided a 

13 current report on the status of its efforts to 

14 convert the reactor to an alternative nuclear re15 actor fuel enriched in the isotope U–235 to less 

16 than 20 percent, and an anticipated schedule 

17 for completion of conversion. 

18 (4) PUBLIC PARTICIPATION AND REVIEW.—The 

19 Secretary shall— 

20 (A) develop a program plan and annually 

21 update the program plan through public work22 shops; and 

23 (B) use the Nuclear Science Advisory 

24 Committee to conduct annual reviews of the 

25 progress made in achieving the program goals. 
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1 (b) DEVELOPMENT ASSISTANCE.—The Secretary 

2 shall carry out a program to provide assistance for— 

3 (1) the development of fuels, targets, and proc4 esses for domestic molybdenum-99 production that 

5 do not use highly enriched uranium; and 

6 (2) commercial operations using the fuels, tar7 gets, and processes described in paragraph (1). 

8 (c) URANIUM LEASE AND TAKE-BACK.— 

9 (1) IN GENERAL.—The Secretary shall establish 

10 a program to make low-enriched uranium available, 

11 through lease contracts, for irradiation for the pro12 duction of molybdenum-99 for medical uses. 

13 (2) TITLE.—The lease contracts shall provide 

14 for the producers of the molybdenum-99 to take title 

15 to and be responsible for the molybdenum-99 created 

16 by the irradiation, processing, or purification of ura17 nium leased under this section. 

18 (3) DUTIES.— 

19 (A) SECRETARY.—The lease contracts 

20 shall require the Secretary— 

21 (i) to retain responsibility for the final 

22 disposition of spent nuclear fuel created by 

23 the irradiation, processing, or purification 

24 of uranium leased under this section for 

25 the production of medical isotopes; and 
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1 (ii) to take title to and be responsible 

2 for the final disposition of radioactive 

3 waste created by the irradiation, proc4 essing, or purification of uranium leased 

5 under this section for which the Secretary 

6 determines the producer does not have ac7 cess to a disposal path. 

8 (B) PRODUCER.—The producer of the 

9 spent nuclear fuel and radioactive waste shall 

10 accurately characterize, appropriately package, 

11 and transport the spent nuclear fuel and radio12 active waste prior to acceptance by the Depart13 ment. 

14 (4) COMPENSATION.— 

15 (A) IN GENERAL.—Subject to subpara16 graph (B), the lease contracts shall provide for 

17 compensation in cash amounts equivalent to 

18 prevailing market rates for the sale of com19 parable uranium products and for compensation 

20 in cash amounts equivalent to the net present 

21 value of the cost to the Federal Government 

22 for— 

23 (i) the final disposition of spent nu24 clear fuel and radioactive waste for which 
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1 the Department is responsible under para2 graph (3); and 

3 (ii) other costs associated with car4 rying out the uranium lease and take-back 

5 program authorized by this subsection. 

6 (B) DISCOUNT RATE.—The discount rate 

7 used to determine the net present value of costs 

8 described in subparagraph (A)(ii) shall be not 

9 greater than the average interest rate on mar10 ketable Treasury securities. 

11 (5) AUTHORIZED USE OF FUNDS.—The Sec12 retary may obligate and expend funds received under 

13 leases entered into under this subsection, which shall 

14 remain available until expended, for the purpose of 

15 carrying out the activities authorized by this sub16 title, including activities related to the final disposi17 tion of spent nuclear fuel and radioactive waste for 

18 which the Department is responsible under para19 graph (3). 

20 (6) EXCHANGE OF URANIUM FOR SERVICES.— 

21 The Secretary shall not barter or otherwise sell or 

22 transfer uranium in any form in exchange for— 

23 (A) services related to the final disposition 

24 of the spent nuclear fuel and radioactive waste 
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1 for which the Department is responsible under 

2 paragraph (3); or 

3 (B) any other services associated with car4 rying out the uranium lease and take-back pro5 gram authorized by this subsection. 

6 (d) COORDINATION OF ENVIRONMENTAL RE7 VIEWS.—The Department and the Nuclear Regulatory 

8 Commission shall ensure to the maximum extent prac9 ticable that environmental reviews for the production of 

10 the medical isotopes shall complement and not duplicate 

11 each review. 

12 (e) OPERATIONAL DATE.—The Secretary shall estab13 lish a program as described in subsection (c)(3) not later 

14 than 3 years after the date of enactment of this Act. 

15 (f) RADIOACTIVE WASTE.—Notwithstanding section 

16 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

17 10101), radioactive material resulting from the production 

18 of medical isotopes that has been permanently removed 

19 from a reactor or subcritical assembly and for which there 

20 is no further use shall be considered low-level radioactive 

21 waste if the material is acceptable under Federal require22 ments for disposal as low-level radioactive waste. 
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1 SEC. 3154. EXPORTS. 

2 Section 134 of the Atomic Energy Act of 1954 (42 

3 U.S.C. 2160d) is amended by striking subsection c. and 

4 inserting the following: 

5 ‘‘c. Effective 7 years after the date of enactment of 

6 the American Medical Isotopes Production Act of 2012, 

7 the Commission may not issue a license for the export of 

8 highly enriched uranium from the United States for the 

9 purposes of medical isotope production. 

10 ‘‘d. The period referred to in subsection b. may be 

11 extended for no more than 6 years if, no earlier than 6 

12 years after the date of enactment of the American Medical 

13 Isotopes Production Act of 2012, the Secretary of Energy 

14 certifies to the Committee on Energy and Commerce of 

15 the House of Representatives and the Committee on En16 ergy and Natural Resources of the Senate that— 

17 ‘‘(1) there is insufficient global supply of molyb18 denum-99 produced without the use of highly en19 riched uranium available to satisfy the domestic 

20 United States market; and 

21 ‘‘(2) the export of United States-origin highly 

22 enriched uranium for the purposes of medical iso23 tope production is the most effective temporary 

24 means to increase the supply of molybdenum-99 to 

25 the domestic United States market. 
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1 ‘‘e. To ensure public review and comment, the devel2 opment of the certification described in subsection c. shall 

3 be carried out through announcement in the Federal Reg4 ister. 

5 ‘‘f. At any time after the restriction of export licenses 

6 provided for in subsection b. becomes effective, if there 

7 is a critical shortage in the supply of molybdenum-99 

8 available to satisfy the domestic United States medical iso9 tope needs, the restriction of export licenses may be sus10 pended for a period of no more than 12 months, if— 

11 ‘‘(1) the Secretary of Energy certifies to the 

12 Congress that the export of United States-origin 

13 highly enriched uranium for the purposes of medical 

14 isotope production is the only effective temporary 

15 means to increase the supply of molybdenum-99 nec16 essary to meet United States medical isotope needs 

17 during that period; and 

18 ‘‘(2) the Congress enacts a Joint Resolution ap19 proving the temporary suspension of the restriction 

20 of export licenses. 

21 ‘‘g. As used in this section— 

22 ‘‘(1) the term ‘alternative nuclear reactor fuel 

23 or target’ means a nuclear reactor fuel or target 

24 which is enriched to less than 20 percent in the iso25 tope U–235; 
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1 ‘‘(2) the term ‘highly enriched uranium’ means 

2 uranium enriched to 20 percent or more in the iso3 tope U–235; 

4 ‘‘(3) a fuel or target ‘can be used’ in a nuclear 

5 research or test reactor if— 

6 ‘‘(A) the fuel or target has been qualified 

7 by the Reduced Enrichment Research and Test 

8 Reactor Program of the Department of Energy; 

9 and 

10 ‘‘(B) use of the fuel or target will permit 

11 the large majority of ongoing and planned ex12 periments and medical isotope production to be 

13 conducted in the reactor without a large per14 centage increase in the total cost of operating 

15 the reactor; and 

16 ‘‘(4) the term ‘medical isotope’ includes molyb17 denum-99, iodine-131, xenon-133, and other radio18 active materials used to produce a radiopharma19 ceutical for diagnostic or therapeutic procedures or 

20 for research and development.’’. 

21 SEC. 3155. REPORT ON DISPOSITION OF EXPORTS. 

22 Not later than 1 year after the date of the enactment 

23 of this Act, the Chairman of the Nuclear Regulatory Com24 mission, after consulting with other relevant agencies, 

25 shall submit to the Congress a report detailing the current 
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1 disposition of previous United States exports of highly en2 riched uranium used as fuel or targets in a nuclear re3 search or test reactor, including— 

4 (1) their location; 

5 (2) whether they are irradiated; 

6 (3) whether they have been used for the pur7 pose stated in their export license; 

8 (4) whether they have been used for an alter9 native purpose and, if so, whether such alternative 

10 purpose has been explicitly approved by the Commis11 sion; 

12 (5) the year of export, and reimportation, if ap13 plicable; 

14 (6) their current physical and chemical forms; 

15 and 

16 (7) whether they are being stored in a manner 

17 which adequately protects against theft and unau18 thorized access. 

19 SEC. 3156. DOMESTIC MEDICAL ISOTOPE PRODUCTION. 

20 (a) IN GENERAL.—Chapter 10 of the Atomic Energy 

21 Act of 1954 (42 U.S.C. 2131 et seq.) is amended by add22 ing at the end the following: 

23 ‘‘SEC. 112. DOMESTIC MEDICAL ISOTOPE PRODUC24 TION.— 
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1 ‘‘a. The Commission may issue a license, or grant an 

2 amendment to an existing license, for the use in the 

3 United States of highly enriched uranium as a target for 

4 medical isotope production in a nuclear reactor, only if, 

5 in addition to any other requirement of this Act— 

6 ‘‘(1) the Commission determines that— 

7 ‘‘(A) there is no alternative medical isotope 

8 production target, enriched in the isotope U– 

9 235 to less than 20 percent, that can be used 

10 in that reactor; and 

11 ‘‘(B) the proposed recipient of the medical 

12 isotope production target has provided assur13 ances that, whenever an alternative medical iso14 tope production target can be used in that reac15 tor, it will use that alternative in lieu of highly 

16 enriched uranium; and 

17 ‘‘(2) the Secretary of Energy has certified that 

18 the United States Government is actively supporting 

19 the development of an alternative medical isotope 

20 production target that can be used in that reactor. 

21 ‘‘b. As used in this section— 

22 ‘‘(1) the term ‘alternative medical isotope pro23 duction target’ means a nuclear reactor target which 

24 is enriched to less than 20 percent of the isotope U– 

25 235; 
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1 ‘‘(2) a target ‘can be used’ in a nuclear re2 search or test reactor if— 

3 ‘‘(A) the target has been qualified by the 

4 Reduced Enrichment Research and Test Reac5 tor Program of the Department of Energy; and 

6 ‘‘(B) use of the target will permit the large 

7 majority of ongoing and planned experiments 

8 and medical isotope production to be conducted 

9 in the reactor without a large percentage in10 crease in the total cost of operating the reactor; 

11 ‘‘(3) the term ‘highly enriched uranium’ means 

12 uranium enriched to 20 percent or more in the iso13 tope U–235; and 

14 ‘‘(4) the term ‘medical isotope’ includes molyb15 denum-99, iodine-131, xenon-133, and other radio16 active materials used to produce a radiopharma17 ceutical for diagnostic or therapeutic procedures or 

18 for research and development.’’. 

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

20 the Atomic Energy Act of 1954 is amended by inserting 

21 the following new item at the end of the items relating 

22 to chapter 10 of title I: 

‘‘Sec. 112. Domestic medical isotope production.’’. 

23 SEC. 3157. ANNUAL DEPARTMENT REPORTS. 

24 (a) IN GENERAL.—Not later than 1 year after the 

25 date of enactment of this Act, and annually thereafter for 
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1 5 years, the Secretary shall report to Congress on Depart2 ment actions to support the production in the United 

3 States, without the use of highly enriched uranium, of mo4 lybdenum-99 for medical uses. 

5 (b) CONTENTS.—The reports shall include the fol6 lowing: 

7 (1) For medical isotope development projects— 

8 (A) the names of any recipients of Depart9 ment support under section 3143; 

10 (B) the amount of Department funding 

11 committed to each project; 

12 (C) the milestones expected to be reached 

13 for each project during the year for which sup14 port is provided; 

15 (D) how each project is expected to sup16 port the increased production of molybdenum17 99 for medical uses; 

18 (E) the findings of the evaluation of 

19 projects under section 3143(a)(2); and 

20 (F) the ultimate use of any Department 

21 funds used to support projects under section 

22 3143. 

23 (2) A description of actions taken in the pre24 vious year by the Secretary to ensure the safe dis25 position of spent nuclear fuel and radioactive waste 
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1 for which the Department is responsible under sec2 tion 3143(c). 

3 SEC. 3158. NATIONAL ACADEMY OF SCIENCES REPORT. 

4 (a) IN GENERAL.—The Secretary shall enter into an 

5 arrangement with the National Academy of Sciences to 

6 conduct a study of the state of molybdenum-99 production 

7 and utilization, to be provided to Congress not later than 

8 5 years after the date of enactment of this Act. 

9 (b) CONTENTS.—The report shall include the fol10 lowing: 

11 (1) For molybdenum-99 production— 

12 (A) a list of all facilities in the world pro13 ducing molybdenum-99 for medical uses, includ14 ing an indication of whether these facilities use 

15 highly enriched uranium in any way; 

16 (B) a review of international production of 

17 molybdenum-99 over the previous 5 years, in18 cluding— 

19 (i) whether any new production was 

20 brought online; 

21 (ii) whether any facilities halted pro22 duction unexpectedly; and 

23 (iii) whether any facilities used for 

24 production were decommissioned or other-
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1 wise permanently removed from service; 

2 and 

3 (C) an assessment of progress made in the 

4 previous 5 years toward establishing domestic 

5 production of molybdenum-99 for medical uses, 

6 including the extent to which other medical iso7 topes that have been produced with molyb8 denum-99, such as iodine-131 and xenon-133, 

9 are being used for medical purposes. 

10 (2) An assessment of the progress made by the 

11 Department and others to eliminate all worldwide 

12 use of highly enriched uranium in reactor fuel, reac13 tor targets, and medical isotope production facilities. 

14 SEC. 3159. REPEAL. 

15 The Nuclear Safety Research, Development, and 

16 Demonstration Act of 1980 (42 U.S.C. 9701 et seq.) is 

17 repealed. 

18 Subtitle F—Other Matters 

19 SEC. 3161. CONGRESSIONAL ADVISORY PANEL ON THE GOV20 ERNANCE STRUCTURE OF THE NATIONAL NU21 CLEAR SECURITY ADMINISTRATION AND ITS 

22 RELATIONSHIP TO OTHER FEDERAL AGEN23 CIES. 

24 (a) ESTABLISHMENT.—There is established a con25 gressional advisory panel (in this section referred to as 
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1 the ‘‘advisory panel’’) to assess the feasibility and advis2 ability of, and make recommendations with respect to, re3 vising the governance structure of the National Nuclear 

4 Security Administration (in this section referred to as the 

5 ‘‘Administration’’) to permit the Administration to operate 

6 more effectively. 

7 (b) COMPOSITION.— 

8 (1) MEMBERSHIP.—The advisory panel shall be 

9 composed of 12 members appointed as follows: 

10 (A) Three by the Speaker of the House of 

11 Representatives. 

12 (B) Three by the Minority Leader of the 

13 House of Representatives. 

14 (C) Three by the Majority Leader of the 

15 Senate. 

16 (D) Three by the Minority Leader of the 

17 Senate. 

18 (2) CHAIRMAN; VICE CHAIRMAN.— 

19 (A) CHAIRMAN.—The Speaker of the 

20 House of Representatives and the Majority 

21 Leader of the Senate shall jointly designate one 

22 member of the advisory panel to serve as chair23 man of the advisory panel. 

24 (B) VICE CHAIRMAN.—The Minority Lead25 er of the House of Representatives and the Mi-
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1 nority Leader of the Senate shall jointly des2 ignate one member of the advisory panel to 

3 serve as vice chairman of the advisory panel. 

4 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

5 Each member of the advisory panel shall be ap6 pointed for a term of one year and may be re7 appointed for an additional period lasting until the 

8 termination of the advisory panel in accordance with 

9 subsection (f). Any vacancy in the advisory panel 

10 shall be filled in the same manner as the original ap11 pointment. 

12 (c) COOPERATION FROM FEDERAL AGENCIES.— 

13 (1) COOPERATION.—The advisory panel shall 

14 receive the full and timely cooperation of the Sec15 retary of Defense, the Secretary of Energy, and any 

16 other Federal official in providing the advisory panel 

17 with analyses, briefings, and other information nec18 essary for the advisory panel to carry out its duties 

19 under this section. 

20 (2) ACCESS TO INFORMATION.—Members of the 

21 advisory panel shall have access to all information, 

22 including classified information, necessary to carry 

23 out the duties of the advisory panel under this sec24 tion. The security clearance process shall be expe25 dited for members and staff of the advisory panel to 
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1 the extent necessary to permit the advisory panel to 

2 carry out its duties under this section. 

3 (3) LIAISON.—The Secretary of Defense, the 

4 Secretary of State, and the Secretary of Energy 

5 shall each designate at least one officer or employee 

6 of the Department of Defense, Department of State, 

7 and the Department of Energy, respectively, to serve 

8 as a liaison officer between the department and the 

9 advisory panel. 

10 (d) REPORT REQUIRED.—Not later than 120 days 

11 after the date that each of the members of the advisory 

12 panel has been appointed, the advisory panel shall submit 

13 to the President, the Secretary of Defense, the Secretary 

14 of Energy, the Committee on Armed Services of the Sen15 ate, and the Committee on Armed Services of the House 

16 of Representatives an interim report on the feasibility and 

17 advisability of revising the governance structure of the Ad18 ministration to permit the Administration to operate more 

19 effectively, to be followed by a final report prior to the 

20 termination of the advisory panel in accordance with sub21 section (f). The reports shall include the following: 

22 (1) Recommendations with respect to the fol23 lowing: 

24 (A) The organization and structure of the 

25 Administration, including the roles, responsibil-
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1 ities, and authorities of the Administration and 

2 mechanisms for holding the Administration ac3 countable. 

4 (B) The allocation of roles and responsibil5 ities with respect to the safety and security of 

6 the nuclear weapons complex. 

7 (C) The relationship of the Administration 

8 to the National Security Council, the Nuclear 

9 Weapons Council, the Department of Energy, 

10 the Department of Defense, and other Federal 

11 agencies, as well as the national security labora12 tories, as appropriate. 

13 (D) The role of the Administration in the 

14 interagency process for planning, programming, 

15 and budgeting with respect to the nuclear weap16 ons complex. 

17 (E) Legislative changes necessary for re18 vising the governance structure of the Adminis19 tration. 

20 (F) The appropriate structure for over21 sight of the Administration by congressional 

22 committees. 

23 (G) The length of the term of the Adminis24 trator for Nuclear Security. 
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1 (H) The authority of the Administrator to 

2 appoint senior members of the Administrator’s 

3 staff. 

4 (I) Whether the nonproliferation activities 

5 of the Administration on the day before the 

6 date of the enactment of this Act should remain 

7 with the Administration or be transferred to an8 other agency. 

9 (J) Infrastructure, rules, and standards 

10 that will better protect the safety and health of 

11 nuclear workers, while also permitting those 

12 workers the appropriate freedom to efficiently 

13 and safely carry out their mission. 

14 (K) Legislative or regulatory changes re15 quired to improve contracting best practices in 

16 order to reduce the cost of programs without 

17 eroding mission requirements. 

18 (L) Whether the Administration should op19 erate more independently of the Department of 

20 Energy while reporting to the President 

21 through Secretary of Energy. 

22 (2) An assessment of how revisions to the gov23 ernance structure of the Administration will lead to 

24 a more mission-focused management structure capa-
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1 ble of keeping programs on schedule and within cost 

2 estimates. 

3 (3) An assessment of the disadvantages and 

4 benefits of each organizational structure for the Ad5 ministration considered by the advisory panel. 

6 (4) An assessment of how the national security 

7 laboratories can expand basic science in support of 

8 ancillary national security missions in a manner that 

9 mutually reinforces the stockpile stewardship mis10 sion of the Administration and encourages the reten11 tion of top performers. 

12 (5) An assessment of how to better retain and 

13 recruit personnel, including recommendations for 

14 creating an improved professional culture that em15 phasizes the scientific, engineering, and national se16 curity objectives of the United States. 

17 (6) Any other information or recommendations 

18 relating to revising the governance structure of the 

19 Administration that the advisory panel considers ap20 propriate. 

21 (e) FUNDING.—Of the amounts authorized to be ap22 propriated for fiscal year 2013 and made available to the 

23 Department of Defense pursuant to this Act, not more 

24 than $1,000,000 shall be made available to the advisory 

25 panel to carry out this section. 
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1 (f) SUNSET.—The advisory panel established by sub2 section (a) of this section shall be terminated on the date 

3 that is 365 days after the date that each of the twelve 

4 members of the advisory panel has first been appointed. 

5 TITLE XXXII—DEFENSE NU6 CLEAR FACILITIES SAFETY 

7 BOARD 

8 SEC. 3201. AUTHORIZATION. 

9 There are authorized to be appropriated for fiscal 

10 year 2013, $29,415,000 for the operation of the Defense 

11 Nuclear Facilities Safety Board under chapter 21 of the 

12 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

13 TITLE XXXV—MARITIME 

14 ADMINISTRATION 

15 SEC. 3501. SHORT TITLE. 

16 This title may be cited as the ‘‘Maritime Administra17 tion Authorization Act for Fiscal Year 2013’’. 

18 SEC. 3502. CONTAINER-ON-BARGE TRANSPORTATION. 

19 (a) ASSESSMENT.—The Administrator of the Mari20 time Administration shall assess the potential for using 

21 container-on-barge transportation in short sea transpor22 tation (as such term is defined in section 55605 of title 

23 46, United States Code). 

24 (b) FACTORS.—In conducting the assessment under 

25 subsection (a), the Administrator shall consider— 
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1 (1) the environmental benefits of increasing 

2 container-on-barge movements in short sea transpor3 tation; 

4 (2) the regional differences in the use of short 

5 sea transportation; 

6 (3) the existing programs established at coastal 

7 and Great Lakes ports for establishing awareness of 

8 deep sea shipping operations; 

9 (4) the mechanisms necessary to ensure that 

10 implementation of a plan under subsection (c) will 

11 not be inconsistent with antitrust laws; and 

12 (5) the potential frequency of container-on13 barge service at short sea transportation ports. 

14 (c) RECOMMENDATIONS.—The assessment under 

15 subsection (a) may include recommendations for a plan 

16 to increase awareness of the potential for use of container17 on-barge transportation. 

18 (d) DEADLINE.—Not later than 180 days after the 

19 date of enactment of this title, the Administrator shall 

20 submit the assessment required under this section to the 

21 Committee on Commerce, Science, and Transportation of 

22 the Senate and the Committee on Transportation and In23 frastructure of the House of Representatives. 
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1 SEC. 3503. SHORT SEA TRANSPORTATION. 

2 (a) PURPOSE.—Section 55601 of title 46, United 

3 States Code, is amended— 

4 (1) in subsection (a), by striking ‘‘landside con5 gestion.’’ and inserting ‘‘landside congestion or to 

6 promote short sea transportation.’’; 

7 (2) in subsection (c), by striking ‘‘coastal cor8 ridors’’ and inserting ‘‘coastal corridors or to pro9 mote short sea transportation’’; 

10 (3) in subsection (d), by striking ‘‘that the 

11 project may’’ and all that follows through the end of 

12 the subsection and inserting ‘‘that the project uses 

13 documented vessels and— 

14 ‘‘(1) mitigates landside congestion; or 

15 ‘‘(2) promotes short sea transportation.’’; and 

16 (4) in subsection (f), by striking ‘‘shall’’ each 

17 place it appears and inserting ‘‘may’’. 

18 (b) DOCUMENTATION.—Section 55605 of title 46, 

19 United States Code, is amended in the matter preceding 

20 paragraph (1) by striking ‘‘by vessel’’ and inserting ‘‘by 

21 a documented vessel’’. 

22 SEC. 3504. MARITIME ENVIRONMENTAL AND TECHNICAL 

23 ASSISTANCE. 

24 (a) IN GENERAL.—Chapter 503 of title 46, United 

25 States Code, is amended by adding at the end the fol26 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 Untied 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. 3505. 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 of the House of Representatives and the 
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1 Committee on Commerce, Science, and Trans2 portation of the Senate— 

3 ‘‘(i) of any request for a waiver of the 

4 navigation or vessel-inspection laws under 

5 this section not later than 48 hours after 

6 receiving such a request; and 

7 ‘‘(ii) of the issuance of any such waiv8 er not later than 48 hours after such 

9 issuance. 

10 ‘‘(B) CONTENTS.—Such head of an agency 

11 shall include in each notification under subpara12 graph (A)(ii) an explanation of— 

13 ‘‘(i) the reasons the waiver is nec14 essary; and 

15 ‘‘(ii) the reasons actions referred to in 

16 paragraph (2)(A) are not feasible.’’. 

17 SEC. 3506. MARITIME WORKFORCE STUDY. 

18 (a) TRAINING STUDY.—The Comptroller General of 

19 the United States shall conduct a study on the training 

20 needs of the maritime workforce. 

21 (b) STUDY COMPONENTS.—The study shall— 

22 (1) analyze the impact of maritime training re23 quirements imposed by domestic and international 

24 regulations and conventions, companies, and govern25 ment agencies that charter or operate vessels; 
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1 (2) evaluate the ability of the United States 

2 maritime training infrastructure to meet the needs 

3 of the maritime industry; 

4 (3) identify trends in maritime training; 

5 (4) compare the training needs of United States 

6 mariners with the vocational training and edu7 cational assistance programs available from Federal 

8 agencies to evaluate the ability of Federal programs 

9 to meet the training needs of United States mari10 ners; 

11 (5) include recommendations to enhance the ca12 pabilities of the United States maritime training in13 frastructure; and 

14 (6) include recommendations to assist United 

15 States mariners and those entering the maritime 

16 profession to achieve the required training. 

17 (c) FINAL REPORT.—Not later than 1 year after the 

18 date of enactment of this title, the Comptroller General 

19 shall submit a report on the results of the study to the 

20 Committee on Commerce, Science, and Transportation of 

21 the Senate and the Committee on Transportation and In22 frastructure of the House of Representatives. 
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1 SEC. 3507. MARITIME ADMINISTRATION VESSEL RECY2 CLING CONTRACT AWARD PRACTICES. 

3 (a) IN GENERAL.—Not later than 12 months after 

4 the date of enactment of this title, the Comptroller Gen5 eral of the Government Accountability Office shall conduct 

6 an assessment of the source selection procedures and prac7 tices used to award the Maritime Administration’s Na8 tional Defense Reserve Fleet vessel recycling contracts. 

9 The Comptroller General shall assess the process, proce10 dures, and practices used for the Maritime Administra11 tion’s qualification of vessel recycling facilities. The Comp12 troller General shall report the findings to the Committee 

13 on Commerce, Science, and Transportation and the Com14 mittee on Armed Services of the Senate, and the Com15 mittee on Transportation and Infrastructure and the 

16 Committee on Armed Services of the House of Represent17 atives. 

18 (b) ASSESSMENT.—The assessment under subsection 

19 (a) shall include a review of whether the Maritime Admin20 istration’s contract source selection procedures and prac21 tices are consistent with law, the Federal Acquisition Reg22 ulations (FAR), and Federal best practices associated with 

23 making source selection decisions. 

24 (c) CONSIDERATIONS.—In making the assessment 

25 under subsection (a), the Comptroller General may con26 sider any other aspect of the Maritime Administration’s 
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1 vessel recycling process that the Comptroller General 

2 deems appropriate to review. 

3 SEC. 3508. REQUIREMENT FOR BARGE DESIGN. 

4 Not later than 270 days after the date of enactment 

5 of this title, the Administrator of the Maritime Adminis6 tration shall complete the design for a containerized, ar7 ticulated barge, as identified in the dual-use vessel study 

8 carried out by the Administrator and the Secretary of De9 fense, that is able to utilize roll-on/roll-off or load-on/load10 off technology in marine highway maritime commerce. 

11 SEC. 3509. ELIGIBILITY TO RECEIVE SURPLUS TRAINING 

12 EQUIPMENT. 

13 Section 51103(b)(2)(C) of title 46, United States 

14 Code, is amended by inserting ‘‘or a training institution 

15 that is an instrumentality of a State, Territory, or Com16 monwealth of the United States or District of Columbia 

17 or a unit of local government thereof’’ after ‘‘a non-profit 

18 training institution’’. 

19 DIVISION D—FUNDING TABLES 

20 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA21 BLES. 

22 (a) IN GENERAL.—Whenever a funding table in this 

23 division specifies a dollar amount authorized for a project, 

24 program, or activity, the obligation and expenditure of the 

25 specified dollar amount for the project, program, or activ-
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1 ity is hereby authorized, subject to the availability of ap2 propriations. 

3 (b) MERIT-BASED DECISIONS.—Decisions by agency 

4 heads to commit, obligate, or expend funds with or to a 

5 specific entity on the basis of a dollar amount authorized 

6 pursuant to subsection (a) shall be based on authorized, 

7 transparent, statutory criteria, or merit-based selection 

8 procedures in accordance with the requirements of sec9 tions 2304(k) and 2374 of title 10, United States Code, 

10 and other applicable provisions of law. 

11 (c) RELATIONSHIP TO TRANSFER AND PROGRAM12 MING AUTHORITY.—An amount specified in the funding 

13 tables in this division may be transferred or repro14 grammed under a transfer or reprogramming authority 

15 provided by another provision of this Act or by other law. 

16 The transfer or reprogramming of an amount specified in 

17 such funding tables shall not count against a ceiling on 

18 such transfers or reprogrammings under section 1001 of 

19 this Act or any other provision of law, unless such transfer 

20 or reprogramming would move funds between appropria21 tion accounts. 

22 (d) ORAL AND WRITTEN COMMUNICATIONS.—No 

23 oral or written communication concerning any amount 

24 specified in the funding tables in this division shall 

25 supercede the requirements of this section. 
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1 TITLE XLI—PROCUREMENT 

2 SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

001 UTILITY F/W AIRCRAFT .......................................................................................... 18,639 18,639

002 C–12 CARGO AIRPLANE ........................................................................................... 0 0 

003 MQ–1 UAV .................................................................................................................... 518,088 518,088 

004 RQ–11 (RAVEN) .......................................................................................................... 25,798 25,798 

005 BCT UNMANNED AERIAL VEH (UAVS) INCR 1 ................................................. 0 0 

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 

011 AH–64 BLOCK II/WRA ............................................................................................... 0 0 

012 KIOWA WARRIOR (OH–58F) WRA .......................................................................... 0 0 

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 

017 C12 AIRCRAFT MODS ............................................................................................... 0 0 

018 MQ–1 PAYLOAD—UAS .............................................................................................. 231,508 231,508 

019 MQ–1 WEAPONIZATION—UAS ................................................................................ 0 0 

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 

025 AIRCRAFT LONG RANGE MODS ............................................................................ 0 0 

026 UTILITY HELICOPTER MODS ................................................................................ 73,804 73,804 

027 KIOWA WARRIOR MODS .......................................................................................... 192,484 192,484

028 AIRBORNE AVIONICS ............................................................................................... 0 0 

029 NETWORK AND MISSION PLAN ............................................................................ 190,789 190,789 

030 COMMS, NAV SURVEILLANCE ................................................................................ 133,191 89,191 

JTRS integration delayed .......................................................................................... [–44,000] 

031 GATM ROLLUP ........................................................................................................... 87,280 87,280 

032 RQ–7 UAV MODS ........................................................................................................ 104,339 104,339 

SPARES AND REPAIR PARTS 

033 SPARE PARTS (AIR) .................................................................................................. 0 0 

GROUND SUPPORT AVIONICS 

034 AIRCRAFT SURVIVABILITY EQUIPMENT ........................................................... 34,037 34,037 

035 SURVIVABILITY CM .................................................................................................. 0 0 

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 5,809,729 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

001 PATRIOT SYSTEM SUMMARY ................................................................................. 646,590 646,590 

002 MSE MISSILE .............................................................................................................. 12,850 12,850 

003 SURFACE-LAUNCHED AMRAAM SYSTEM SUMMARY ....................................... 0 0 

004 HELLFIRE SYS SUMMARY ...................................................................................... 1,401 1,401 

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 

011 PATRIOT MODS .......................................................................................................... 199,565 199,565 

012 ITAS/TOW MODS ........................................................................................................ 0 0 

013 MLRS MODS ................................................................................................................ 2,466 2,466 

014 HIMARS MODIFICATIONS ....................................................................................... 6,068 6,068 

015 HELLFIRE MODIFICATIONS .................................................................................. 0 0 

016 SPARES AND REPAIR PARTS ................................................................................. 7,864 7,864 

017 AIR DEFENSE TARGETS ......................................................................................... 3,864 3,864 
1056 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 1,302,689 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

001 STRYKER VEHICLE .................................................................................................. 286,818 286,818 

002 FCS SPIN OUTS .......................................................................................................... 0 0 

MODIFICATION OF TRACKED COMBAT VEHICLES 

003 STRYKER (MOD) ........................................................................................................ 60,881 60,881 

004 FIST VEHICLE (MOD) .............................................................................................. 57,257 57,257 

005 BRADLEY PROGRAM (MOD) ................................................................................... 148,193 148,193 

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) ................................... 107,909 230,909 

Increased production .................................................................................................. [123,000]

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 74,433 

012A ADVANCE PROCUREMENT (CY) ........................................................................ 91,000 

Advanced procurement Abrams upgrade program .................................................... [91,000] 

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 

015 M240 MEDIUM MACHINE GUN (7.62MM) ............................................................. 0 0 

016 MACHINE GUN, CAL .50 M2 ROLL ........................................................................ 0 0 

017 LIGHTWEIGHT .50 CALIBER MACHINE GUN ..................................................... 25,183 0 

Program termination ................................................................................................. [–25,183] 

018 MK–19 GRENADE MACHINE GUN (40MM) ........................................................... 0 0 

019 MORTAR SYSTEMS .................................................................................................... 8,104 8,104 

020 M107, CAL. 50, SNIPER RIFLE ................................................................................ 0 0 

021 XM320 GRENADE LAUNCHER MODULE (GLM) ................................................. 14,096 14,096 

022 M110 SEMI-AUTOMATIC SNIPER SYSTEM (SASS) ............................................. 0 0 

023 M4 CARBINE ............................................................................................................... 0 0 

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 

028 MK–19 GRENADE MACHINE GUN MODS ............................................................. 0 0 

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 

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 

SUPPORT EQUIPMENT & FACILITIES 

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 1,690,523 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ........................................................................................ 158,313 158,313 

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 35,154 

Decrease for excess .................................................................................................... [–37,000] 

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 
1057 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 3,108 

Program decrease ....................................................................................................... [–14,300] 

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 1,573,268 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

001 SEMITRAILERS, FLATBED ..................................................................................... 7,097 7,097 

002 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ................................................... 346,115 396,115 

Program increase for USAR ...................................................................................... [50,000] 

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 

006 ARMORED SECURITY VEHICLES (ASV) ............................................................... 0 0 

007 MINE PROTECTION VEHICLE FAMILY ............................................................... 0 0 

008 FAMILY OF MINE RESISTANT AMBUSH PROTEC (MRAP) ............................. 0 0 

009 TRUCK, TRACTOR, LINE HAUL, M915/M916 ....................................................... 3,619 3,619 

010 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ............................... 26,859 26,859 

011 HMMWV RECAPITALIZATION PROGRAM ............................................................ 0 0 

012 TACTICAL WHEELED VEHICLE PROTECTION KITS ....................................... 69,163 69,163 

013 MODIFICATION OF IN SVC EQUIP ........................................................................ 91,754 91,754 

014 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ................................ 0 0 

015 TOWING DEVICE-FIFTH WHEEL .......................................................................... 0 0 

016 AMC CRITICAL ITEMS, OPA1 .................................................................................. 0 0 

NON-TACTICAL VEHICLES 

017 HEAVY ARMORED SEDAN ...................................................................................... 0 0 

018 PASSENGER CARRYING VEHICLES ...................................................................... 2,548 2,548 

019 NONTACTICAL VEHICLES, OTHER ...................................................................... 16,791 16,791 

COMM—JOINT COMMUNICATIONS 

020 JOINT COMBAT IDENTIFICATION MARKING SYSTEM ................................... 10,061 10,061 

021 WIN-T—GROUND FORCES TACTICAL NETWORK ............................................. 892,635 892,635 

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 

027 SAT TERM, EMUT (SPACE) ..................................................................................... 0 0 

028 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ........................................ 27,353 27,353 

029 SMART-T (SPACE) ...................................................................................................... 98,656 98,656 

030 SCAMP (SPACE) .......................................................................................................... 0 0 

031 GLOBAL BRDCST SVC—GBS .................................................................................. 47,131 47,131 

032 MOD OF IN-SVC EQUIP (TAC SAT) ........................................................................ 23,281 23,281 

COMM—COMBAT SUPPORT COMM 

033 MOD-IN-SERVICE PROFILER .................................................................................. 0 0 

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 
1058 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

036 JOINT TACTICAL RADIO SYSTEM ........................................................................ 556,250 526,250 

AMF integration ahead of need ................................................................................. [–30,000] 

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 

042 CMMS-ELEC EQUIP FIELDING .............................................................................. 0 0 

043 SPIDER APLA REMOTE CONTROL UNIT ............................................................ 34,365 13,365 

Funding ahead of need .............................................................................................. [–21,000] 

044 SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS ........................ 1,833 1,833 

045 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM .......................... 12,984 12,984 

046 COMBAT SURVIVOR EVADER LOCATOR (CSEL) ............................................... 0 0 

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 

055 BIOMETRICS ENTERPRISE .................................................................................... 0 0 

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 

060 DEFENSE MESSAGE SYSTEM (DMS) .................................................................... 0 0 

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 

067 DIGITAL TOPOGRAPHIC SPT SYS (DTSS) ........................................................... 0 0 

068 DRUG INTERDICTION PROGRAM (DIP) (TIARA) ............................................... 0 0 

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 

074 ITEMS LESS THAN $5 MILLION (MIP) ................................................................. 0 0 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

075 LIGHTWEIGHT COUNTER MORTAR RADAR ...................................................... 72,594 72,594 

076 CREW ............................................................................................................................ 15,446 15,446 

077 FMLY OF PERSISTENT SURVEILLANCE CAPABILITIES ................................ 0 0 

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 

084 LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM ........................ 0 0 

085 NIGHT VISION, THERMAL WPN SIGHT ............................................................... 82,162 82,162 

086 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ..................................... 20,717 20,717 

087 COUNTER-ROCKET, ARTILLERY & MORTAR (C-RAM) ..................................... 0 0 

088 BASE EXPEDITIARY TARGETING AND SURV SYS ........................................... 0 0 

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 

093 FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2) ................................ 0 0 

094 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ............................................. 141,385 141,385 

095 LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER .................................... 0 0 

096 MOD OF IN-SVC EQUIP (LLDR) ............................................................................. 22,403 22,403 

097 COMPUTER BALLISTICS: LHMBC XM32 .............................................................. 0 0 

098 MORTAR FIRE CONTROL SYSTEM ....................................................................... 29,505 29,505 

099 COUNTERFIRE RADARS .......................................................................................... 244,409 244,409

100 ENHANCED SENSOR & MONITORING SYSTEM (WMD) .................................... 2,426 2,426 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

101 TACTICAL OPERATIONS CENTERS ...................................................................... 30,196 30,196 

102 FIRE SUPPORT C2 FAMILY .................................................................................... 58,903 58,903 

103 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM ................................. 8,111 8,111 

104 FAAD C2 ....................................................................................................................... 5,031 5,031 

105 AIR & MSL DEFENSE PLANNING & CONTROL SYS .......................................... 64,144 64,144 
1059 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 

109 TC AIMS II ................................................................................................................... 0 0 

110 TACTICAL INTERNET MANAGER .......................................................................... 0 0 

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 

123 BCT NETWORK .......................................................................................................... 0 0 

124 DEFENSE RAPID INNOVATION PROGRAM ......................................................... 0 0 

CLASSIFIED PROGRAMS 

124A CLASSIFIED PROGRAMS ......................................................................................... 3,435 3,435 

CHEMICAL DEFENSIVE EQUIPMENT 

125 PROTECTIVE SYSTEMS ........................................................................................... 0 0 

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 

129 SMOKE & OBSCURANT FAMILY: SOF (NON AAO ITEM) .................................. 0 0 

BRIDGING EQUIPMENT 

130 TACTICAL BRIDGING ............................................................................................... 35,499 35,499 

131 TACTICAL BRIDGE, FLOAT-RIBBON .................................................................... 32,893 32,893 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

132 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST ......................... 0 0 

133 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) ................................... 0 0 

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 

142 MOUNTED SOLDIER SYSTEM ................................................................................ 0 0 

143 FORCE PROVIDER ..................................................................................................... 0 0 

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 

153 ITEMS LESS THAN $5 MILLION (MAINT EQ) ..................................................... 0 0 

CONSTRUCTION EQUIPMENT 

154 GRADER, ROAD MTZD, HVY, 6X4 (CCE) .............................................................. 2,028 2,028 

155 SKID STEER LOADER (SSL) FAMILY OF SYSTEM ........................................... 0 0 

156 SCRAPERS, EARTHMOVING .................................................................................... 6,146 6,146 

157 MISSION MODULES—ENGINEERING ................................................................... 31,200 31,200 

158 COMPACTOR ............................................................................................................... 0 0

159 LOADERS ..................................................................................................................... 0 0 

160 HYDRAULIC EXCAVATOR ....................................................................................... 0 0 

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 

168 JOINT HIGH SPEED VESSEL (JHSV) ................................................................... 0 0 

169 HARBORMASTER COMMAND AND CONTROL CENTER ................................... 0 0 
1060 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 

172 ROUGH TERRAIN CONTAINER HANDLER (RTCH) ........................................... 0 0 

173 FAMILY OF FORKLIFTS .......................................................................................... 5,895 5,895 

174 ALL TERRAIN LIFTING ARMY SYSTEM .............................................................. 0 0 

TRAINING EQUIPMENT 

175 COMBAT TRAINING CENTERS SUPPORT ............................................................ 104,649 104,649 

176 TRAINING DEVICES, NONSYSTEM ....................................................................... 125,251 125,251 

177 CLOSE COMBAT TACTICAL TRAINER .................................................................. 19,984 19,984 

178 AVIATION COMBINED ARMS TACTICAL TRAINER ........................................... 10,977 10,977 

179 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ........................... 4,056 4,056 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

180 CALIBRATION SETS EQUIPMENT ......................................................................... 10,494 10,494 

181 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ..................................... 45,508 45,508 

182 TEST EQUIPMENT MODERNIZATION (TEMOD) ................................................ 24,334 24,334 

OTHER SUPPORT EQUIPMENT 

183 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ..................................... 5,078 5,078 

184 PHYSICAL SECURITY SYSTEMS (OPA3) .............................................................. 46,301 46,301 

185 BASE LEVEL COMMON EQUIPMENT ................................................................... 1,373 1,373 

186 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ............................................. 59,141 59,141 

187 PRODUCTION BASE SUPPORT (OTH) .................................................................. 2,446 2,446 

188 SPECIAL EQUIPMENT FOR USER TESTING ...................................................... 12,920 12,920 

189 AMC CRITICAL ITEMS OPA3 ................................................................................... 19,180 19,180 

190 TRACTOR YARD ......................................................................................................... 7,368 7,368 

191 UNMANNED GROUND VEHICLE ........................................................................... 83,937 71,937 

Transfer to PE 0604641A at Army request ............................................................. [–12,000] 

192 TRAINING LOGISTICS MANAGEMENT ................................................................. 0 0 

OPA2 

193 INITIAL SPARES—C&E ............................................................................................ 64,507 64,507

TOTAL, OTHER PROCUREMENT, ARMY .................................................... 6,326,245 6,307,033 

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 

NETWORK ATTACK 

001 ATTACK THE NETWORK ......................................................................................... 0 0 

JIEDDO DEVICE DEFEAT 

002 DEFEAT THE DEVICE ............................................................................................. 0 0 

FORCE TRAINING 

003 TRAIN THE FORCE ................................................................................................... 0 0 

STAFF AND INFRASTRUCTURE 

004 OPERATIONS .............................................................................................................. 227,414 0 

Transfer to OCO ........................................................................................................ [–227,414] 

TOTAL, JOINT IMPR EXPLOSIVE DEV DEFEAT FUND ....................... 227,414 0 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

001 EA–18G ......................................................................................................................... 1,027,443 1,027,443 

002 ADVANCE PROCUREMENT (CY) ........................................................................ 0 0 

003 F/A–18E/F (FIGHTER) HORNET ............................................................................. 2,035,131 2,035,131 

004 ADVANCE PROCUREMENT (CY) ........................................................................ 30,296 90,296 

Retain option for additional FY 14 aircraft .............................................................. [60,000] 

005 JOINT STRIKE FIGHTER CV .................................................................................. 1,007,632 1,007,632 

006 ADVANCE PROCUREMENT (CY) ........................................................................ 65,180 65,180 

007 JSF STOVL .................................................................................................................. 1,404,737 1,404,737 

008 ADVANCE PROCUREMENT (CY) ........................................................................ 106,199 106,199 

009 V–22 (MEDIUM LIFT) ................................................................................................ 1,303,120 1,303,120 

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) ............................................................................................................ 656,866 656,866 

016 ADVANCE PROCUREMENT (CY) ........................................................................ 185,896 185,896 

017 P–8A POSEIDON ......................................................................................................... 2,420,755 2,420,755 

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 

AIRLIFT AIRCRAFT 

021 C–40A ............................................................................................................................ 0 0 

TRAINER AIRCRAFT 

022 JPATS ........................................................................................................................... 278,884 278,884 

OTHER AIRCRAFT 

023 KC–130J ........................................................................................................................ 3,000 3,000 

024 ADVANCE PROCUREMENT (CY) ........................................................................ 22,995 22,995 

025 ADVANCE PROCUREMENT (CY) ........................................................................ 51,124 51,124 

026 MQ–8 UAV .................................................................................................................... 124,573 124,573 

027 STUASL0 UAV ............................................................................................................. 9,593 9,593 
1061 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 ............................................................................................................... 647,306 647,306 

033 H–46 SERIES ............................................................................................................... 2,343 2,343 

034 AH–1W SERIES ........................................................................................................... 8,721 8,721 

035 H–53 SERIES ............................................................................................................... 45,567 45,567 

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 ................................................................................................................. 158,332 158,332 

047 EXECUTIVE HELICOPTERS SERIES .................................................................... 58,163 58,163 

048 SPECIAL PROJECT AIRCRAFT ............................................................................... 12,421 12,421 

049 T–45 SERIES ............................................................................................................... 64,488 64,488 

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 

055 COMMON DEFENSIVE WEAPON SYSTEM ........................................................... 0 0 

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 1,166,430

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 

068 CANCELLED ACCOUNT ADJUSTMENTS ............................................................. 0 0 

TOTAL, AIRCRAFT PROCUREMENT, NAVY .............................................. 17,129,296 17,189,296 

WEAPONS PROCUREMENT, NAVY 

MODIFICATION OF MISSILES 

001 TRIDENT II MODS ..................................................................................................... 1,224,683 1,224,683 

SUPPORT EQUIPMENT & FACILITIES 

002 MISSILE INDUSTRIAL FACILITIES ...................................................................... 5,553 5,553 

STRATEGIC MISSILES 

003 TOMAHAWK ................................................................................................................ 308,970 308,970 

TACTICAL MISSILES 

004 AMRAAM ...................................................................................................................... 102,683 102,683 

005 SIDEWINDER .............................................................................................................. 80,226 80,226 

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 

010 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ................................ 0 0 

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 

015 STANDARD MISSILES MODS .................................................................................. 0 0 

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 
1062 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

023 QUICKSTRIKE MINE ................................................................................................. 6,852 6,852 

SUPPORT EQUIPMENT 

024 TORPEDO SUPPORT EQUIPMENT ........................................................................ 46,402 46,402 

025 ASW RANGE SUPPORT ............................................................................................. 11,927 11,927

DESTINATION TRANSPORTATION 

026 FIRST DESTINATION TRANSPORTATION ........................................................... 3,614 3,614 

GUNS AND GUN MOUNTS 

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 1,591 

032 AIRBORNE MINE NEUTRALIZATION SYSTEMS ................................................ 20,607 20,607 

OTHER 

033 CANCELLED ACCOUNT ADJUSTMENTS ............................................................. 0 0 

SPARES AND REPAIR PARTS 

034 SPARES AND REPAIR PARTS ................................................................................. 60,150 60,150 

TOTAL, WEAPONS PROCUREMENT, NAVY ............................................... 3,117,578 3,125,278 

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 61,693 

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 41,624 

012 SMALL ARMS & LANDING PARTY AMMO ............................................................ 65,893 65,893 

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 40MM, ALL TYPES ..................................................................................................... 16,201 16,201 

018 60MM, ALL TYPES ..................................................................................................... 0 0 

019 81MM, ALL TYPES ..................................................................................................... 13,711 3,711 

Decrease for excess .................................................................................................... [–10,000] 

020 120MM, ALL TYPES ................................................................................................... 12,557 12,557 

021 CTG 25MM, ALL TYPES ............................................................................................ 0 0 

022 GRENADES, ALL TYPES .......................................................................................... 7,634 7,134 

Decrease for excess .................................................................................................... [–500] 

023 ROCKETS, ALL TYPES ............................................................................................. 27,528 27,528 

024 ARTILLERY, ALL TYPES ......................................................................................... 93,065 93,065 

025 DEMOLITION MUNITIONS, ALL TYPES ............................................................... 2,047 47 

Decrease for excess .................................................................................................... [–2,000]

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 

PRIOR YEAR SAVINGS 

029B PRIOR YEAR SAVINGS ............................................................................................. –88,300 

Ammunition change in requirements ......................................................................... [–88,300] 

TOTAL, PROCUREMENT OF AMMO, NAVY & MC ................................... 759,539 658,739 

SHIPBUILDING & CONVERSION, NAVY 

OTHER WARSHIPS 

001 CARRIER REPLACEMENT PROGRAM ................................................................... 608,195 608,195 

002 ADVANCE PROCUREMENT (CY) ........................................................................ 0 0 

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 1,613,392 

006 ADVANCE PROCUREMENT (CY) ........................................................................ 70,010 70,010 

007 SSBN ERO .................................................................................................................... 0 0 

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 

012 ADVANCE PROCUREMENT (CY) ........................................................................ 0 0 
1063 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

AMPHIBIOUS SHIPS 

013 LPD–17 ......................................................................................................................... 0 0 

014 LHA REPLACEMENT ................................................................................................ 0 0 

015 JOINT HIGH SPEED VESSEL ................................................................................. 189,196 189,196 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

016 OCEANOGRAPHIC SHIPS ......................................................................................... 0 0 

017 ADVANCE PROCUREMENT (CY) ........................................................................ 307,300 307,300 

018 OUTFITTING ............................................................................................................... 309,648 309,648 

019 SERVICE CRAFT ........................................................................................................ 0 0 

020 LCAC SLEP .................................................................................................................. 47,930 47,930 

021 COMPLETION OF PY SHIPBUILDING PROGRAMS ............................................ 372,573 372,573 

TOTAL, SHIPBUILDING & CONVERSION, NAVY .................................... 13,579,845 14,357,524 

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 ............................................................................................... 101,000 101,000 

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 RADARS 

033 RADAR SUPPORT ...................................................................................................... 0 0 

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 

039 ELECTRONIC WARFARE MILDEC ......................................................................... 0 0 

ASW ELECTRONIC EQUIPMENT 

040 SUBMARINE ACOUSTIC WARFARE SYSTEM ...................................................... 21,489 21,489 

041 SSTD ............................................................................................................................. 10,716 10,716 

042 FIXED SURVEILLANCE SYSTEM .......................................................................... 98,896 98,896 

043 SURTASS ...................................................................................................................... 2,774 2,774 

044 MARITIME PATROL AND RECONNAISSANCE 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 
1064 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

OTHER SHIP ELECTRONIC EQUIPMENT 

049 COOPERATIVE ENGAGEMENT CAPABILITY ...................................................... 27,881 27,881 

050 TRUSTED INFORMATION SYSTEM (TIS) ............................................................ 448 448 

051 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ............................ 35,732 35,732 

052 ATDLS .......................................................................................................................... 0 0 

053 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ........................................... 9,533 9,533 

054 MINESWEEPING SYSTEM REPLACEMENT ......................................................... 60,111 60,111 

055 SHALLOW WATER MCM ........................................................................................... 6,950 6,950 

056 NAVSTAR GPS RECEIVERS (SPACE) .................................................................... 9,089 9,089 

057 AMERICAN FORCES RADIO AND TV SERVICE .................................................. 7,768 7,768 

058 STRATEGIC PLATFORM SUPPORT EQUIP .......................................................... 3,614 3,614 

TRAINING EQUIPMENT 

059 OTHER TRAINING EQUIPMENT ............................................................................ 42,911 42,911 

AVIATION ELECTRONIC EQUIPMENT 

060 MATCALS ..................................................................................................................... 5,861 5,861 

061 SHIPBOARD AIR TRAFFIC CONTROL .................................................................. 8,362 8,362 

062 AUTOMATIC CARRIER LANDING SYSTEM .......................................................... 15,685 15,685 

063 NATIONAL AIR SPACE SYSTEM ............................................................................ 16,919 16,919 

064 FLEET AIR TRAFFIC CONTROL SYSTEMS ......................................................... 6,828 6,828 

065 LANDING SYSTEMS .................................................................................................. 7,646 7,646 

066 ID SYSTEMS ................................................................................................................ 35,474 35,474 

067 NAVAL MISSION PLANNING SYSTEMS ................................................................ 9,958 9,958 

OTHER SHORE ELECTRONIC EQUIPMENT 

068 DEPLOYABLE JOINT COMMAND AND CONT ..................................................... 9,064 9,064 

069 MARITIME INTEGRATED BROADCAST SYSTEM ............................................... 16,026 16,026 

070 TACTICAL/MOBILE C4I SYSTEMS ......................................................................... 11,886 11,886 

071 DCGS-N ......................................................................................................................... 11,887 11,887 

072 CANES .......................................................................................................................... 341,398 341,398 

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 

079 SHIPBOARD TACTICAL COMMUNICATIONS ....................................................... 0 0 

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 

083 SUBMARINE BROADCAST SUPPORT .................................................................... 4,183 4,183 

084 SUBMARINE COMMUNICATION EQUIPMENT .................................................... 69,025 69,025 

SATELLITE COMMUNICATIONS 

085 SATELLITE COMMUNICATIONS SYSTEMS ......................................................... 49,294 49,294 

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 

089 NAVAL SHORE COMMUNICATIONS ...................................................................... 0 0 

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 

093 DEFENSE RAPID INNOVATION PROGRAM ......................................................... 0 0 

DRUG INTERDICTION SUPPORT 

094 OTHER DRUG INTERDICTION SUPPORT ............................................................ 0 0 

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 82,618 

100 METEOROLOGICAL EQUIPMENT .......................................................................... 18,339 18,339 

101 DCRS/DPL .................................................................................................................... 1,414 1,414 

102 AVIATION LIFE SUPPORT ...................................................................................... 40,475 40,475 

103 AIRBORNE MINE COUNTERMEASURES .............................................................. 61,552 61,552 

104 LAMPS MK III SHIPBOARD EQUIPMENT ............................................................ 18,771 18,771 

105 PORTABLE ELECTRONIC MAINTENANCE AIDS ............................................... 7,954 7,954 

106 OTHER AVIATION SUPPORT EQUIPMENT ......................................................... 10,023 10,023 

107 AUTONOMIC LOGISTICS INFORMATION SYSTEM (ALIS) ............................... 3,826 3,826 

SHIP GUN SYSTEM EQUIPMENT 

108 NAVAL FIRES CONTROL SYSTEM ........................................................................ 3,472 3,472 

109 GUN FIRE CONTROL EQUIPMENT ....................................................................... 4,528 4,528 

SHIP MISSILE SYSTEMS EQUIPMENT 

110 NATO SEASPARROW ................................................................................................. 8,960 8,960

111 RAM GMLS ................................................................................................................... 1,185 1,185 
1065 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

112 SHIP SELF DEFENSE SYSTEM .............................................................................. 55,371 55,371 

113 AEGIS SUPPORT EQUIPMENT ............................................................................... 81,614 81,614 

114 TOMAHAWK SUPPORT EQUIPMENT .................................................................... 77,767 77,767 

115 VERTICAL LAUNCH SYSTEMS ............................................................................... 754 754 

116 MARITIME INTEGRATED PLANNING SYSTEM—MIPS .................................... 4,965 4,965 

FBM SUPPORT EQUIPMENT 

117 STRATEGIC MISSILE SYSTEMS EQUIP ............................................................... 181,049 181,049 

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 31,743 

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 6,169,378 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

001 AAV7A1 PIP ................................................................................................................. 16,089 16,089 

002 LAV PIP ........................................................................................................................ 186,216 46,216 

LAV procurement acquisition objective change ......................................................... [–140,000] 

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 

010 JAVELIN ...................................................................................................................... 0 0 

011 FOLLOW ON TO SMAW ............................................................................................ 19,650 19,650 

012 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ........................................ 20,708 20,708 

OTHER SUPPORT 

013 MODIFICATION KITS ................................................................................................ 0 0 

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 
1066 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

018 ITEMS UNDER $5 MILLION (COMM & ELEC) ..................................................... 5,498 5,498 

019 AIR OPERATIONS C2 SYSTEMS ............................................................................. 11,290 11,290 

RADAR + EQUIPMENT (NON-TEL) 

020 RADAR SYSTEMS ....................................................................................................... 128,079 128,079 

021 RQ–21 UAS ................................................................................................................... 27,619 27,619 

INTELL/COMM EQUIPMENT (NON-TEL) 

022 FIRE SUPPORT SYSTEM ......................................................................................... 7,319 7,319 

023 INTELLIGENCE SUPPORT EQUIPMENT ............................................................. 7,466 7,466 

025 RQ–11 UAV .................................................................................................................. 2,318 2,318 

026 DCGS-MC ...................................................................................................................... 18,291 18,291 

OTHER COMM/ELEC EQUIPMENT (NON-TEL) 

029 NIGHT VISION EQUIPMENT ................................................................................... 48,084 48,084 

OTHER SUPPORT (NON-TEL) 

030 COMMON COMPUTER RESOURCES ...................................................................... 206,708 206,708 

031 COMMAND POST SYSTEMS ..................................................................................... 35,190 35,190 

032 RADIO SYSTEMS ........................................................................................................ 89,059 89,059 

033 COMM SWITCHING & CONTROL SYSTEMS ......................................................... 22,500 22,500 

034 COMM & ELEC INFRASTRUCTURE SUPPORT .................................................... 42,625 42,625 

CLASSIFIED PROGRAMS 

035A CLASSIFIED PROGRAMS ......................................................................................... 2,290 2,290 

ADMINISTRATIVE VEHICLES 

035 COMMERCIAL PASSENGER VEHICLES ................................................................ 2,877 2,877 

036 COMMERCIAL CARGO VEHICLES .......................................................................... 13,960 13,960 

TACTICAL VEHICLES 

037 5/4T TRUCK HMMWV (MYP) .................................................................................... 8,052 8,052 

038 MOTOR TRANSPORT MODIFICATIONS ................................................................ 50,269 50,269 

039 MEDIUM TACTICAL VEHICLE REPLACEMENT ................................................. 0 0 

040 LOGISTICS VEHICLE SYSTEM REP ...................................................................... 37,262 37,262 

041 FAMILY OF TACTICAL TRAILERS ........................................................................ 48,160 48,160 

042 TRAILERS .................................................................................................................... 0 0 

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 

058 FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) ................................ 0 0 

059 BRIDGE BOATS .......................................................................................................... 0 0 

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 

PRIOR YEAR SAVINGS 

062A PRIOR YEAR SAVINGS ............................................................................................. –135,200 

LAV procurement acquisition objective change PY .................................................. [–135,200] 

TOTAL, PROCUREMENT, MARINE CORPS ............................................... 1,622,955 1,347,755 

AIRCRAFT PROCUREMENT, AIR FORCE 

TACTICAL FORCES 

001 F–35 .............................................................................................................................. 3,124,302 3,124,302 

002 ADVANCE PROCUREMENT (CY) ........................................................................ 293,400 293,400 

003 F–22A ............................................................................................................................ 0 0 

004 C–17A (MYP) ................................................................................................................ 0 0 

OTHER AIRLIFT 

005 C–130J .......................................................................................................................... 68,373 68,373 

006 ADVANCE PROCUREMENT (CY) ........................................................................ 0 0 

007 HC–130J ....................................................................................................................... 152,212 152,212 

008 ADVANCE PROCUREMENT (CY) ........................................................................ 0 0 

009 MC–130J ....................................................................................................................... 374,866 374,866 

010 ADVANCE PROCUREMENT (CY) ........................................................................ 0 0 

011 HC/MC–130 RECAP ..................................................................................................... 0 0 
1067 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

012 C–27J ............................................................................................................................ 0 0 

UPT TRAINERS 

013 LIGHT MOBILITY AIRCRAFT ................................................................................. 0 0 

014 USAFA POWERED FLIGHT PROGRAM ................................................................. 0 0 

HELICOPTERS 

015 HH–60 LOSS REPLACEMENT/RECAP ................................................................... 60,596 60,596 

016 COMMON VERTICAL LIFT SUPPORT PLATFORM (CVLSP) ............................ 0 0 

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

020 LIGHT ATTACK ARMED RECON ACFT ................................................................ 0 0 

021 RQ–11 ............................................................................................................................ 0 0 

022 STUASL0 ...................................................................................................................... 0 0 

OTHER AIRCRAFT 

023 INTERIM GATEWAY .................................................................................................. 0 0 

024 TARGET DRONES ...................................................................................................... 129,866 129,866 

025 C–37A ............................................................................................................................ 0 0 

026 RQ–4 .............................................................................................................................. 75,000 75,000 

027 ADVANCE PROCUREMENT (CY) ........................................................................ 0 0 

028 AC–130J ........................................................................................................................ 163,970 163,970 

029 ADVANCE PROCUREMENT (CY) ........................................................................ 0 0 

030 MQ–9 ............................................................................................................................. 553,530 553,530 

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 89,919 

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 

042 ADVANCE PROCUREMENT (CY) ........................................................................ 0 0 

043 C–5M ............................................................................................................................. 944,819 944,819 

044 ADVANCE PROCUREMENT (CY) ........................................................................ 175,800 175,800 

045 C–9C .............................................................................................................................. 0 0 

046 C–17A ............................................................................................................................ 205,079 205,079 

047 C–21 ............................................................................................................................... 199 199 

048 C–32A ............................................................................................................................ 1,750 1,750 

049 C–37A ............................................................................................................................ 445 445 

050 C–130 AMP ................................................................................................................... 0 0 

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 

055 U–2 MODS .................................................................................................................... 0 0 

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 

064 C–130 INTEL ............................................................................................................... 0 0 

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 71,320 

Restart production line for the JSTARS re-engining program ................................ [12,000] 

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 
1068 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 

085 B–2A .............................................................................................................................. 0 0 

086 B–2A .............................................................................................................................. 47,580 47,580 

087 C–5 ................................................................................................................................. 0 0 

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 8,506 

094 HH–60 PPS .................................................................................................................. 0 0 

095 T–6 ................................................................................................................................ 0 0 

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 

DARP 

103 U–2 ................................................................................................................................ 0 0 

CLASSIFIED PROGRAMS 

103A CLASSIFIED PROGRAMS ......................................................................................... 20,164 20,164 

PRIOR YEAR SAVINGS 

103B PRIOR YEAR SAVINGS ............................................................................................. –920,748 

Light attack armed reconnaissance (LAAR) cancellation ......................................... [–115,049] 

Light mobiilty aircraft cancellation ........................................................................... [–65,296] 

Common vertical lift support platform (CVLSP) cancellation .................................. [–52,800] 

C–130 AMP cancellation ........................................................................................... [–207,163] 

RQ–4 Global Hawk Block 30 cancellation ................................................................ [–480,440] 

TOTAL, AIRCRAFT PROCUREMENT, AIR FORCE ................................. 11,002,999 10,094,251 

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 ...................................................................................................................... 229,637 229,637 

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 

008 ADVANCED CRUISE MISSILE ................................................................................. 0 0 

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 ........................................................................................................ 557,205 557,205 

016 ADVANCE PROCUREMENT (CY) ........................................................................ 0 0 

017 WIDEBAND GAPFILLER SATELLITES(SPACE) ................................................. 36,835 36,835 

018 ADVANCE PROCUREMENT (CY) ........................................................................ 0 0 

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 

026 ADVANCE PROCUREMENT (CY) ........................................................................ 0 0 

SPECIAL PROGRAMS 

028 DEFENSE SPACE RECONN PROGRAM ................................................................. 0 0 

030 SPECIAL UPDATE PROGRAMS ............................................................................... 138,904 138,904 

CLASSIFIED PROGRAMS 
1069 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

030A CLASSIFIED PROGRAMS ......................................................................................... 1,097,483 1,097,483 

TOTAL, MISSILE PROCUREMENT, AIR FORCE ...................................... 5,491,846 5,491,846 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

001 ROCKETS ..................................................................................................................... 8,927 8,927 

CARTRIDGES 

002 CARTRIDGES .............................................................................................................. 118,075 118,075 

BOMBS 

003 PRACTICE BOMBS ..................................................................................................... 32,393 32,393 

004 GENERAL PURPOSE BOMBS .................................................................................. 163,467 163,467 

005 JOINT DIRECT ATTACK MUNITION ..................................................................... 101,921 101,921 

FLARE, IR MJU–7B 

006 CAD/PAD ...................................................................................................................... 43,829 43,829 

007 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ......................................................... 7,515 7,515 

008 SPARES AND REPAIR PARTS ................................................................................. 1,003 1,003 

009 MODIFICATIONS ........................................................................................................ 5,321 5,321 

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 

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 

CANCELLED ACCOUNT ADJUSTMENTS 

011 CANCELLED ACCOUNT ADJUSTMENTS ............................................................. 0 0 

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 

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 53,995 

024 CHEYENNE MOUNTAIN COMPLEX ....................................................................... 14,578 14,578 

025 TAC SIGINT SPT ........................................................................................................ 208 208 

026 DRUG INTERDICTION SPT ..................................................................................... 0 0 

SPCL COMM-ELECTRONICS PROJECTS 

027 GENERAL INFORMATION TECHNOLOGY ........................................................... 69,743 69,743 

028 AF GLOBAL COMMAND & CONTROL SYS ............................................................ 15,829 15,829 

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 

037 BASE INFO INFRASTRUCTURE ............................................................................. 0 0 

038 AFNET .......................................................................................................................... 125,788 125,788 

039 VOICE SYSTEMS ........................................................................................................ 16,811 16,811 

040 USCENTCOM ............................................................................................................... 32,138 32,138 
1070 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 

061 RAPID IMPROVEMENT PROCUREMENT INOVAT ............................................. 0 0 

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 16,720,848 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, BTA 

001 MAJOR EQUIPMENT, BTA ....................................................................................... 0 0 

MAJOR EQUIPMENT, DCAA 

002 ITEMS LESS THAN $5 MILLION ............................................................................ 1,486 1,486 

MAJOR EQUIPMENT, DCMA 

003 MAJOR EQUIPMENT ................................................................................................. 2,129 2,129

EQUIPMENT 

004 EQUIPMENT ............................................................................................................... 0 0

MAJOR EQUIPMENT, DHRA 

005 PERSONNEL ADMINISTRATION ............................................................................ 6,147 6,147 

MAJOR EQUIPMENT, DISA 

012 INFORMATION SYSTEMS SECURITY .................................................................... 12,708 12,708 

013 GLOBAL COMMAND AND CONTROL SYSTEM .................................................... 0 0 

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 

020 DRUG INTERDICTION SUPPORT ........................................................................... 0 0 

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, DEFENSE SECURITY COOPERATION 

AGENCY 

025 EQUIPMENT ............................................................................................................... 0 0

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, DTSA 

029 MAJOR EQUIPMENT ................................................................................................. 0 0 
1071 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

030 THAAD ......................................................................................................................... 460,728 560,728 

THAAD Interceptors ................................................................................................. [100,000] 

031 AEGIS BMD ................................................................................................................. 389,626 389,626 

032 BMDS AN/TPY–2 RADARS ........................................................................................ 217,244 217,244

033 RADAR SPARES .......................................................................................................... 10,177 10,177 

034 IRON DOME ................................................................................................................ 0 0 

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 

047 MH–47 SERVICE LIFE EXTENSION PROGRAM .................................................. 0 0 

048 MH–60 MODERNIZATION PROGRAM .................................................................... 126,780 126,780 

049 NON-STANDARD AVIATION .................................................................................... 99,776 37,000 

Transfer to Line 51 at USSOCOM request .............................................................. [–62,776] 

050 TANKER RECAPITALIZATION ................................................................................ 0 0 

051 U–28 .............................................................................................................................. 7,530 116,906 

Transfer from Line 49 at USSOCOM request .......................................................... [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] 

057 RQ–7 UNMANNED AERIAL VEHICLE ................................................................... 0 0 

058 STUASL0 ...................................................................................................................... 12,945 12,945 

059 PRECISION STRIKE PACKAGE ............................................................................... 73,013 73,013 

060 AC/MC–130J ................................................................................................................. 51,484 51,484 

061 MQ–8 UAV .................................................................................................................... 0 0 

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] 

065 SEAL DELIVERY VEHICLE ..................................................................................... 0 0 

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] 

073 MARITIME EQUIPMENT MODIFICATIONS .......................................................... 0 0 

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 20,255 

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 

088 MARITIME EQUIPMENT .......................................................................................... 0 0 

089 DRUG INTERDICTION .............................................................................................. 0 0 

090 MISCELLANEOUS EQUIPMENT ............................................................................. 6,667 6,667 

091 OPERATIONAL ENHANCEMENTS ......................................................................... 217,972 243,272 

USSOCOM UFR ....................................................................................................... [25,300] 

092 MILITARY INFORMATION SUPPORT OPERATIONS .......................................... 27,417 27,417 

CLASSIFIED PROGRAMS 

092A CLASSIFIED PROGRAMS ......................................................................................... 0 0 
1072 

†S 3254 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 4,422,335 

NATIONAL GUARD & RESERVE EQUIPMENT 

ARMY RESERVE 

001 MISCELLANEOUS EQUIPMENT ............................................................................. 0 0 

NAVY RESERVE 

002 MISCELLANEOUS EQUIPMENT ............................................................................. 0 0 

MARINE CORPS RESERVE 

003 MISCELLANEOUS EQUIPMENT ............................................................................. 0 0 

AIR FORCE RESERVE 

004 MISCELLANEOUS EQUIPMENT ............................................................................. 0 0 

ARMY NATIONAL GUARD 

005 MISCELLANEOUS EQUIPMENT ............................................................................. 0 0 

AIR NATIONAL GUARD 

006 MISCELLANEOUS EQUIPMENT ............................................................................. 0 0 

NATIONAL GUARD AIRCRAFT 

007 MISCELLANEOUS EQUIPMENT ............................................................................. 0 0 

TOTAL, NATIONAL GUARD & RESERVE EQUIPMENT ........................ 0 0 

JOINT URGENT OPERATIONAL NEEDS FUND 

JOINT URGENT OPERATIONAL NEEDS FUND 

001 JOINT URGENT OPERATIONAL NEEDS FUND ................................................. 99,477 99,477 

TOTAL, JOINT URGENT OPERATIONAL NEEDS FUND ...................... 99,477 99,477 

TOTAL, PROCUREMENT .................................................................................... 97,432,379 96,959,163 
1073 

†S 3254 ES

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 

Senate 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

ROTARY 

009 AH–64 APACHE BLOCK IIIB NEW BUILD ........................................................... 71,000 0 

Funding ahead of need .............................................................................................. [–71,000] 

012 KIOWA WARRIOR (OH–58F) WRA .......................................................................... 183,900 183,900 

015 CH–47 HELICOPTER ................................................................................................. 231,300 231,300 

TOTAL, AIRCRAFT PROCUREMENT, ARMY ............................................. 486,200 415,200 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY ...................................................................................... 29,100 29,100 

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 80,000 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES ................................................................................... 14,000 14,000 

010 81MM MORTAR, ALL TYPES ................................................................................... 6,000 6,000 

011 120MM MORTAR, ALL TYPES ................................................................................. 56,000 56,000 

ARTILLERY AMMUNITION 

013 ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP ................................ 29,956 29,956 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ................................................. 37,044 37,044 

015 PROJ 155MM EXTENDED RANGE XM982 ............................................................ 12,300 12,300 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL .............................. 17,000 17,000 

MINES 

017 MINES & CLEARING CHARGES, ALL TYPES ...................................................... 12,000 12,000 

ROCKETS 

020 ROCKET, HYDRA 70, ALL TYPES .......................................................................... 63,635 63,635 

OTHER AMMUNITION 

023 SIGNALS, ALL TYPES ............................................................................................... 16,858 16,858 

MISCELLANEOUS 

028 ITEMS LESS THAN $5 MILLION ............................................................................ 1,200 1,200 

PRODUCTION BASE SUPPORT 

TOTAL, PROCUREMENT OF AMMUNITION, ARMY ............................... 357,493 357,493 

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 
1074 

†S 3254 ES

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 91,167 

Slow execution of prior years appropriations ............................................................ [–37,000] 

Solar power units ....................................................................................................... [30,000] 

TOTAL, OTHER PROCUREMENT, ARMY .................................................... 2,015,907 2,048,907 

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 

NETWORK ATTACK 

001 ATTACK THE NETWORK ......................................................................................... 950,500 850,500 

Program decrease—under execution ......................................................................... [–100,000] 

JIEDDO DEVICE DEFEAT 

002 DEFEAT THE DEVICE ............................................................................................. 400,000 350,000 

Program decrease—under execution & program delays ............................................ [–50,000] 

FORCE TRAINING 

003 TRAIN THE FORCE ................................................................................................... 149,500 128,500 

Program decrease—under execution & program delays ............................................ [–21,000] 

STAFF AND INFRASTRUCTURE 

004 OPERATIONS .............................................................................................................. 175,400 373,814 

Transfer from Base ................................................................................................... [227,414] 

Program decrease—excessive contractor service support .......................................... [–29,000] 

TOTAL, JOINT IMPR EXPLOSIVE DEV DEFEAT FUND ....................... 1,675,400 1,702,814 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

011 H–1 UPGRADES (UH–1Y/AH–1Z) ............................................................................ 29,800 29,800 

MODIFICATION OF AIRCRAFT 

030 AV–8 SERIES ............................................................................................................... 42,238 42,238 

032 F–18 SERIES ............................................................................................................... 41,243 41,243 

035 H–53 SERIES ............................................................................................................... 15,870 15,870 

038 EP–3 SERIES ............................................................................................................... 13,030 13,030 

043 C–130 SERIES ............................................................................................................. 16,737 16,737 

048 SPECIAL PROJECT AIRCRAFT ............................................................................... 2,714 2,714 

054 COMMON AVIONICS CHANGES .............................................................................. 570 570 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

062 COMMON GROUND EQUIPMENT ........................................................................... 2,380 2,380 

TOTAL, AIRCRAFT PROCUREMENT, NAVY .............................................. 164,582 164,582 

WEAPONS PROCUREMENT, NAVY 

TACTICAL MISSILES 

009 HELLFIRE ................................................................................................................... 17,000 17,000 

010 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ................................ 6,500 6,500 

TOTAL, WEAPONS PROCUREMENT, NAVY ............................................... 23,500 23,500 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

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 40MM, 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 
1075 

†S 3254 ES

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

025 DEMOLITION MUNITIONS, ALL TYPES ............................................................... 1,391 1,391 

026 FUZE, ALL TYPES ..................................................................................................... 30,945 30,945 

027 NON LETHALS ........................................................................................................... 8 8 

029 ITEMS LESS THAN $5 MILLION ............................................................................ 12 12 

TOTAL, PROCUREMENT OF AMMO, NAVY & MC ................................... 285,747 285,747 

OTHER PROCUREMENT, NAVY 

OTHER SHORE ELECTRONIC EQUIPMENT 

070 TACTICAL/MOBILE C4I SYSTEMS ......................................................................... 3,603 3,603 

AIRCRAFT SUPPORT EQUIPMENT 

097 EXPEDITIONARY AIRFIELDS ................................................................................ 58,200 58,200 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

127 PASSENGER CARRYING VEHICLES ...................................................................... 3,901 3,901 

128 GENERAL PURPOSE TRUCKS ................................................................................ 852 852 

129 CONSTRUCTION & MAINTENANCE EQUIP ......................................................... 2,436 2,436 

130 FIRE FIGHTING EQUIPMENT ................................................................................ 3,798 3,798 

131 TACTICAL VEHICLES ............................................................................................... 13,394 13,394 

134 ITEMS UNDER $5 MILLION .................................................................................... 375 375 

COMMAND SUPPORT EQUIPMENT 

149 C4ISR EQUIPMENT ................................................................................................... 3,000 3,000 

151 PHYSICAL SECURITY EQUIPMENT ...................................................................... 9,323 9,323 

TOTAL, OTHER PROCUREMENT, NAVY ..................................................... 98,882 98,882 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

002 LAV PIP ........................................................................................................................ 10,000 10,000 

ARTILLERY AND OTHER WEAPONS 

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ............................................... 108,860 108,860 

GUIDED MISSILES 

010 JAVELIN ...................................................................................................................... 29,158 29,158 

OTHER SUPPORT 

013 MODIFICATION KITS ................................................................................................ 41,602 41,602 

REPAIR AND TEST EQUIPMENT 

015 REPAIR AND TEST EQUIPMENT ........................................................................... 13,632 13,632 

OTHER SUPPORT (TEL) 

017 MODIFICATION KITS ................................................................................................ 2,831 2,831 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

019 AIR OPERATIONS C2 SYSTEMS ............................................................................. 15,575 15,575 

RADAR + EQUIPMENT (NON-TEL) 

020 RADAR SYSTEMS ....................................................................................................... 8,015 8,015 

INTELL/COMM EQUIPMENT (NON-TEL) 

023 INTELLIGENCE SUPPORT EQUIPMENT ............................................................. 35,310 35,310 

OTHER COMM/ELEC EQUIPMENT (NON-TEL) 

029 NIGHT VISION EQUIPMENT ................................................................................... 652 652 

OTHER SUPPORT (NON-TEL) 

030 COMMON COMPUTER RESOURCES ...................................................................... 19,807 19,807 

032 RADIO SYSTEMS ........................................................................................................ 36,482 36,482 

033 COMM SWITCHING & CONTROL SYSTEMS ......................................................... 41,295 41,295 

TACTICAL VEHICLES 

039 MEDIUM TACTICAL VEHICLE REPLACEMENT ................................................. 10,466 10,466 

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 
1076 

†S 3254 ES

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

TOTAL, AIRCRAFT PROCUREMENT, AIR FORCE ................................. 305,600 305,600 

MISSILE PROCUREMENT, AIR FORCE 

TACTICAL 

005 PREDATOR HELLFIRE MISSILE ........................................................................... 34,350 34,350 

TOTAL, MISSILE PROCUREMENT, AIR FORCE ...................................... 34,350 34,350 

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 

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 

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 

001 JOINT URGENT OPERATIONAL NEEDS FUND ................................................. 100,000 100,000 

TOTAL, JOINT URGENT OPERATIONAL NEEDS FUND ...................... 100,000 100,000 

TOTAL, PROCUREMENT .................................................................................... 9,687,241 9,676,655 
1077 

†S 3254 ES

1 TITLE XLII—RESEARCH, DEVEL2 OPMENT, TEST, AND EVALUA3 TION 

4 SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUA5 TION. 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

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 29,041 

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY .................................. 45,260 45,260 

007 0602122A TRACTOR HIP ............................................................................................ 22,439 22,439 

008 0602211A AVIATION TECHNOLOGY ........................................................................ 51,607 51,607 

009 0602270A ELECTRONIC WARFARE TECHNOLOGY ............................................. 15,068 15,068 

010 0602303A MISSILE TECHNOLOGY ........................................................................... 49,383 49,383 

011 0602307A ADVANCED WEAPONS TECHNOLOGY ................................................. 25,999 25,999 

012 0602308A ADVANCED CONCEPTS AND SIMULATION ........................................ 23,507 23,507 

013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY ................... 69,062 69,062 

014 0602618A BALLISTICS TECHNOLOGY .................................................................... 60,823 60,823 

015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY ................................................................................................... 4,465 4,465 

016 0602623A JOINT SERVICE SMALL ARMS PROGRAM ........................................... 7,169 7,169 

017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ....................................... 35,218 35,218 

018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ..................................... 60,300 60,300 

019 0602709A NIGHT VISION TECHNOLOGY ............................................................... 53,244 53,244 

020 0602712A COUNTERMINE SYSTEMS ....................................................................... 18,850 18,850 

021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY ............................ 19,872 19,872 

022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ...................................... 20,095 20,095 

023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY ............ 28,852 28,852 

024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ..................................... 9,830 9,830 

025 0602784A MILITARY ENGINEERING TECHNOLOGY ........................................... 70,693 70,693 

026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY ....................... 17,781 17,781 

027 0602786A WARFIGHTER TECHNOLOGY ................................................................ 28,281 28,281 

028 0602787A MEDICAL TECHNOLOGY ......................................................................... 107,891 107,891 

SUBTOTAL, APPLIED RESEARCH ................................................ 874,730 874,730 

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 
1078 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

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 

074 0604284A JOINT COOPERATIVE TARGET IDENTIFICATION—GROUND 

(JCTI-G)/TECHNOLOGY DEV .............................................................. 0 0 

075 0604319A INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2– 

INTERCEPT (IFPC2) ............................................................................. 76,039 76,039 

076 0604775A DEFENSE RAPID INNOVATION PROGRAM ......................................... 0 0 

077 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) ................... 4,043 4,043 

078 0305205A ENDURANCE UAVS ................................................................................... 26,196 26,196 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES ...................................................................................... 610,121 610,121 

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 .......................................... 181,347 181,347 

082 0604280A JOINT TACTICAL RADIO ......................................................................... 0 0 

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 96,478 

087 0604604A MEDIUM TACTICAL VEHICLES ............................................................. 3,006 3,006 

088 0604609A SMOKE, OBSCURANT AND TARGET DEFEATING SYS—ENG DEV 0 0 

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 25,141 

Transfer from OPA line 191 at Army request .......................................... [12,000] 

093 0604642A LIGHT TACTICAL WHEELED VEHICLES ............................................ 0 0 

094 0604661A FCS SYSTEMS OF SYSTEMS ENGR & PROGRAM MGMT .................. 0 0 

095 0604662A FCS RECONNAISSANCE (UAV) PLATFORMS ...................................... 0 0 

096 0604663A FCS UNMANNED GROUND VEHICLES ................................................ 0 0 

097 0604664A FCS UNATTENDED GROUND SENSORS .............................................. 0 0 

098 0604665A FCS SUSTAINMENT & TRAINING R&D ................................................. 0 0 

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 
1079 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

113 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ..................................... 104,983 104,983 

114 0604814A ARTILLERY MUNITIONS—EMD ............................................................ 4,346 4,346 

115 0604817A COMBAT IDENTIFICATION ..................................................................... 0 0 

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 

No funds authorized .................................................................................. [–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 

127 0605455A SLAMRAAM ................................................................................................. 0 0 

128 0605456A PAC–3/MSE MISSILE ................................................................................. 69,029 69,029 

129 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) .......... 277,374 277,374 

130 0605625A MANNED GROUND VEHICLE ................................................................. 639,874 639,874 

131 0605626A AERIAL COMMON SENSOR ..................................................................... 47,426 47,426 

132 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND 

MANUFACTURING DEVELOPMENT PH ........................................... 72,295 72,295 

133 0303032A TROJAN—RH12 .......................................................................................... 4,232 4,232 

134 0304270A ELECTRONIC WARFARE DEVELOPMENT .......................................... 13,942 13,942 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION ........................................................................................................ 3,286,629 2,914,968 

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 

141 0605502A SMALL BUSINESS INNOVATIVE RESEARCH ..................................... 0 0 

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 

145 0605605A DOD HIGH ENERGY LASER TEST FACILITY ..................................... 0 0 

146 0605606A AIRCRAFT CERTIFICATION .................................................................... 5,762 5,762 

147 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES ................... 7,402 7,402 

148 0605706A MATERIEL SYSTEMS ANALYSIS ........................................................... 19,954 19,954 

149 0605709A EXPLOITATION OF FOREIGN ITEMS .................................................. 5,535 5,535 

150 0605712A SUPPORT OF OPERATIONAL TESTING ............................................... 67,789 67,789 

151 0605716A ARMY EVALUATION CENTER ................................................................ 62,765 62,765 

152 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG ........ 1,545 1,545 

153 0605801A PROGRAMWIDE ACTIVITIES .................................................................. 83,422 83,422 

154 0605803A TECHNICAL INFORMATION ACTIVITIES ............................................ 50,820 50,820 

155 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY .............................................................................................................. 46,763 46,763 

156 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT ...... 4,601 4,601 

157 0605898A MANAGEMENT HQ—R&D ........................................................................ 18,524 18,524 

158 0909999A FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ............. 0 0 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT ....................... 1,153,980 1,153,980 

OPERATIONAL SYSTEMS DEVELOPMENT 

159 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ...................................... 143,005 143,005 

160 0607665A FAMILY OF BIOMETRICS ........................................................................ 0 0 

161 0607865A PATRIOT PRODUCT IMPROVEMENT .................................................... 109,978 109,978 

162 0102419A AEROSTAT JOINT PROJECT OFFICE ................................................... 190,422 190,422 

163 0203347A INTELLIGENCE SUPPORT TO CYBER (ISC) MIP .............................. 0 0 

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 ...................................................................................................... 280,247 226,247 

Improved turbine engine program delay .................................................... [–54,000] 

168 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...... 898 898 

169 0203758A DIGITIZATION ............................................................................................ 35,180 35,180 

170 0203759A FORCE XXI BATTLE COMMAND, BRIGADE AND BELOW 

(FBCB2) .................................................................................................... 0 0 

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 
1080 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

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 1,615,162 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY ...................................................................................................... 8,929,415 8,503,754 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

BASIC RESEARCH 

001 0601103N UNIVERSITY RESEARCH INITIATIVES ............................................... 113,690 113,690 

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH .................... 18,261 18,261 

003 0601153N DEFENSE RESEARCH SCIENCES ......................................................... 473,070 473,070 

SUBTOTAL, BASIC RESEARCH ....................................................... 605,021 605,021 

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 

017 0603235N COMMON PICTURE ADVANCED TECHNOLOGY ................................ 0 0 

018 0603236N WARFIGHTER SUSTAINMENT ADVANCED TECHNOLOGY ............ 0 0 

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 

024 0603747N UNDERSEA WARFARE ADVANCED TECHNOLOGY .......................... 0 0 

025 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS .. 51,819 51,819 

026 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY ................................................................................................... 0 0 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT .. 584,402 584,402 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

027 0603128N UNMANNED AERIAL SYSTEM ................................................................ 0 0 

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 ... 190,622 190,622 

036 0603506N SURFACE SHIP TORPEDO DEFENSE .................................................. 93,346 93,346 

037 0603512N CARRIER SYSTEMS DEVELOPMENT .................................................... 108,871 108,871 

038 0603513N SHIPBOARD SYSTEM COMPONENT DEVELOPMENT ...................... 0 0 

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 
1081 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

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 

067 0603755N SHIP SELF DEFENSE—DEM/VAL ......................................................... 0 0 

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 

074 0603889N COUNTERDRUG RDT&E PROJECTS ..................................................... 0 0 

075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS .............. 0 0 

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 

081 0604775N DEFENSE RAPID INNOVATION PROGRAM ......................................... 0 0 

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 

085 0303562N SUBMARINE TACTICAL WARFARE SYSTEMS—MIP ......................... 0 0 

086 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ............................... 643 643 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES ...................................................................................... 4,335,297 4,335,297 

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 84,988 

090 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ........... 6,866 6,866 

091 0604218N AIR/OCEAN EQUIPMENT ENGINEERING ............................................ 4,060 4,060 

092 0604221N P–3 MODERNIZATION PROGRAM .......................................................... 3,451 3,451 

093 0604230N WARFARE SUPPORT SYSTEM ................................................................ 13,071 13,071 

094 0604231N TACTICAL COMMAND SYSTEM .............................................................. 71,645 71,645 

095 0604234N ADVANCED HAWKEYE ............................................................................ 119,065 119,065 

096 0604245N H–1 UPGRADES .......................................................................................... 31,105 31,105 

097 0604261N ACOUSTIC SEARCH SENSORS ................................................................ 34,299 34,299 

098 0604262N V–22A ............................................................................................................ 54,412 54,412 

099 0604264N AIR CREW SYSTEMS DEVELOPMENT .................................................. 2,717 2,717 

100 0604269N EA–18 ............................................................................................................ 13,009 13,009 

101 0604270N ELECTRONIC WARFARE DEVELOPMENT .......................................... 51,304 51,304 

102 0604273N VH–71A EXECUTIVE HELO DEVELOPMENT ..................................... 61,163 61,163 

103 0604274N NEXT GENERATION JAMMER (NGJ) ................................................... 187,024 187,024 

104 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ................. 337,480 337,480 

105 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING ............ 260,616 260,616 

106 0604311N LPD–17 CLASS SYSTEMS INTEGRATION ............................................ 824 824 

107 0604329N SMALL DIAMETER BOMB (SDB) ........................................................... 31,064 31,064 

108 0604366N STANDARD MISSILE IMPROVEMENTS ................................................ 63,891 63,891 

109 0604373N AIRBORNE MCM ........................................................................................ 73,246 73,246 

110 0604376M MARINE AIR GROUND TASK FORCE (MAGTF) ELECTRONIC 

WARFARE (EW) FOR AVIATION ......................................................... 10,568 10,568 

111 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS 

ENGINEERING ....................................................................................... 39,974 39,974 

112 0604404N UNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE 

AND STRIKE (UCLASS) SYSTEM ....................................................... 122,481 122,481 
1082 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

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 

130 0604761N INTELLIGENCE ENGINEERING ............................................................ 0 0 

131 0604771N MEDICAL DEVELOPMENT ...................................................................... 12,707 12,707 

132 0604777N NAVIGATION/ID SYSTEM ........................................................................ 47,764 47,764 

133 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ................................................. 737,149 737,149 

134 0604800N JOINT STRIKE FIGHTER (JSF)—EMD ................................................. 743,926 743,926 

135 0605013M INFORMATION TECHNOLOGY DEVELOPMENT ................................ 12,143 12,143 

136 0605013N INFORMATION TECHNOLOGY DEVELOPMENT ................................ 72,209 72,209 

137 0605018N NAVY INTEGRATED MILITARY HUMAN RESOURCES SYSTEM 

(N-IMHRS) ............................................................................................... 0 0 

138 0605212N CH–53K RDTE ............................................................................................ 606,204 606,204 

139 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) ........................................... 0 0 

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 

143 0304503N SSN–688 AND TRIDENT MODERNIZATION—MIP .............................. 0 0 

144 0304785N TACTICAL CRYPTOLOGIC SYSTEMS .................................................... 23,255 23,255 

145 0305124N SPECIAL APPLICATIONS PROGRAM ..................................................... 0 0 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION ........................................................................................................ 5,747,232 5,747,232 

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 

152 0605502N SMALL BUSINESS INNOVATIVE RESEARCH ..................................... 0 0 

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 

164 0804758N SERVICE SUPPORT TO JFCOM, JNTC .................................................. 0 0 

165 0909999N FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ............. 0 0 

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 

168 0604717M MARINE CORPS COMBAT SERVICES SUPPORT ................................. 0 0 

169 0604766M MARINE CORPS DATA SYSTEMS ........................................................... 0 0 

170 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ............................ 105,892 105,892 

171 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ........................................ 34,729 34,729 

172 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ....................... 1,434 1,434 

173 0101402N NAVY STRATEGIC COMMUNICATIONS ................................................ 19,208 19,208 

174 0203761N RAPID TECHNOLOGY TRANSITION (RTT) .......................................... 25,566 25,566 

175 0204136N F/A–18 SQUADRONS .................................................................................. 188,299 188,299 

176 0204152N E–2 SQUADRONS ....................................................................................... 8,610 8,610 

177 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ................................... 15,695 15,695 

178 0204228N SURFACE SUPPORT .................................................................................. 4,171 4,171 

179 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER 

(TMPC) ...................................................................................................... 11,265 11,265 

180 0204311N INTEGRATED SURVEILLANCE SYSTEM ............................................. 45,922 45,922 

181 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT 

CRAFT) ..................................................................................................... 8,435 8,435 
1083 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

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 

208 0303238N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES 

(CANES)—MIP ........................................................................................ 0 0 

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 

214 0305206N AIRBORNE RECONNAISSANCE SYSTEMS ........................................... 0 0 

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 

222 0305234M SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ................................... 0 0 

223 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ................................... 9,734 9,734 

224 0305237N MEDIUM RANGE MARITIME UAS .......................................................... 0 0 

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 

228 0702239N AVIONICS COMPONENT IMPROVEMENT PROGRAM ........................ 0 0 

229 0708011N INDUSTRIAL PREPAREDNESS .............................................................. 54,879 54,879 

230 0708730N MARITIME TECHNOLOGY (MARITECH) .............................................. 5,000 5,000 

230A 9999999999 CLASSIFIED PROGRAMS ......................................................................... 1,151,159 1,151,159

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ..... 3,975,546 3,975,546 

230B PRIOR YEAR SAVINGS ............................................................................. –8,832 

Medium range maritime UAS cancellation ................................................ [–8,832] 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, 

NAVY ....................................................................................................... 16,882,877 16,874,045 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

BASIC RESEARCH 

001 0601102F DEFENSE RESEARCH SCIENCES ......................................................... 361,787 361,787 

002 0601103F UNIVERSITY RESEARCH INITIATIVES ............................................... 141,153 141,153 

003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES .............................. 13,094 13,094 

SUBTOTAL, BASIC RESEARCH ....................................................... 516,034 516,034 

APPLIED RESEARCH 

004 0602102F MATERIALS ................................................................................................ 114,166 114,166 

005 0602201F AEROSPACE VEHICLE TECHNOLOGIES ............................................. 120,719 120,719 

006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH .............................. 89,319 89,319 

007 0602203F AEROSPACE PROPULSION ...................................................................... 232,547 232,547 

008 0602204F AEROSPACE SENSORS ............................................................................. 127,637 127,637 

009 0602601F SPACE TECHNOLOGY .............................................................................. 98,375 98,375 

010 0602602F CONVENTIONAL MUNITIONS ................................................................ 77,175 77,175 

011 0602605F DIRECTED ENERGY TECHNOLOGY ..................................................... 106,196 106,196 

012 0602788F DOMINANT INFORMATION SCIENCES AND METHODS .................. 104,362 104,362 

013 0602890F HIGH ENERGY LASER RESEARCH ....................................................... 38,557 38,557 

SUBTOTAL, APPLIED RESEARCH ................................................ 1,109,053 1,109,053 

ADVANCED TECHNOLOGY DEVELOPMENT 
1084 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

014 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ............................ 47,890 47,890 

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 

027 0603924F HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM ...... 0 0 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT .. 596,737 596,737 

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 

Excess funding ........................................................................................... [–1,500] 

031 0603432F POLAR MILSATCOM (SPACE) ................................................................. 120,676 120,676 

032 0603438F SPACE CONTROL TECHNOLOGY ........................................................... 25,144 23,144 

Excess funding ........................................................................................... [–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 

046 0604330F JOINT DUAL ROLE AIR DOMINANCE MISSILE ................................. 0 0 

047 0604337F REQUIREMENTS ANALYSIS AND MATURATION .............................. 16,343 16,343 

048 0604422F WEATHER SATELLITE FOLLOW-ON .................................................... 2,000 2,000 

049 0604436F NEXT-GENERATION MILSATCOM TECHNOLOGY DEVELOPMENT ........................................................................................................ 0 0 

050 0604635F GROUND ATTACK WEAPONS FUZE DEVELOPMENT ...................... 9,423 9,423 

051 0604775F DEFENSE RAPID INNOVATION PROGRAM ......................................... 0 0 

052 0604796F ALTERNATIVE FUELS ............................................................................. 0 0 

053 0604830F AUTOMATED AIR-TO-AIR REFUELING ................................................ 0 0 

054 0604857F OPERATIONALLY RESPONSIVE SPACE .............................................. 0 45,000 

Restore Operationally Responsive Space ................................................... [45,000] 

055 0604858F TECH TRANSITION PROGRAM ............................................................... 37,558 34,558 

Excess funding ........................................................................................... [–3,000] 

056 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) 

(SPACE) .................................................................................................... 96,840 96,840 

057 0305178F NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL 

SATELLITE SYSTEM (NPOESS) ......................................................... 0 0 

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 6,583 

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 

Excess funding ........................................................................................... [–20,000] 

068 0604429F AIRBORNE ELECTRONIC ATTACK ....................................................... 4,118 4,118 

069 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD ................. 448,594 446,594 

Excess funding ........................................................................................... [–2,000] 

070 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ........................................... 9,951 9,951 
1085 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

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 

075 0604740F INTEGRATED COMMAND & CONTROL APPLICATIONS (IC2A) ...... 0 0 

076 0604750F INTELLIGENCE EQUIPMENT ................................................................ 803 803 

077 0604800F F–35—EMD .................................................................................................. 1,210,306 1,210,306 

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 1,728,458 

Excess prior year funds ............................................................................. [–87,130] 

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 

088 0207100F LIGHT ATTACK ARMED RECONNAISSANCE (LAAR) SQUADRONS 0 0 

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 

092 0401138F C–27J AIRLIFT SQUADRONS .................................................................. 0 0 

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 4,857,594 

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 

098 0605502F SMALL BUSINESS INNOVATION RESEARCH ..................................... 0 0 

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 

109 0909980F JUDGMENT FUND REIMBURSEMENT ................................................. 0 0 

110 0909999F FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ............. 0 0 

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 

Excess funding ........................................................................................... [–1,500] 

113 0604263F COMMON VERTICAL LIFT SUPPORT PLATFORM ............................. 0 0 

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 20,970 

Efficiencies ................................................................................................. [–15,000] 

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 

125 0102823F STRATEGIC AEROSPACE INTELLIGENCE SYSTEM ACTIVITIES .. 0 0 

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 
1086 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

133 0207138F F–22A SQUADRONS ................................................................................... 371,667 371,667 

134 0207142F F–35 SQUADRONS ..................................................................................... 8,117 8,117 

135 0207161F TACTICAL AIM MISSILES ........................................................................ 8,234 8,234 

136 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ..... 87,041 87,041 

137 0207170F JOINT HELMET MOUNTED CUEING SYSTEM (JHMCS) .................. 1,472 1,472 

138 0207224F COMBAT RESCUE AND RECOVERY ...................................................... 2,095 2,095 

139 0207227F COMBAT RESCUE—PARARESCUE ........................................................ 1,119 1,119 

140 0207247F AF TENCAP ................................................................................................. 63,853 63,853 

141 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ............................... 1,063 1,063 

142 0207253F COMPASS CALL .......................................................................................... 12,094 12,094 

143 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...... 187,984 187,984 

144 0207277F ISR INNOVATIONS .................................................................................... 0 0 

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 

150 0207423F ADVANCED COMMUNICATIONS SYSTEMS .......................................... 0 0 

152 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ........................ 5,756 5,756 

153 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I .................................. 0 0 

154 0207444F TACTICAL AIR CONTROL PARTY-MOD ................................................ 16,226 16,226 

155 0207445F FIGHTER TACTICAL DATA LINK .......................................................... 0 0 

156 0207448F C2ISR TACTICAL DATA LINK ................................................................. 1,633 1,633 

157 0207449F COMMAND AND CONTROL (C2) CONSTELLATION ........................... 18,086 18,086 

158 0207452F DCAPES ........................................................................................................ 15,690 15,690 

159 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM 

(JSTARS) .................................................................................................. 24,241 24,241 

160 0207590F SEEK EAGLE .............................................................................................. 22,654 22,654 

161 0207601F USAF MODELING AND SIMULATION ................................................... 15,501 15,501 

162 0207605F WARGAMING AND SIMULATION CENTERS ........................................ 5,699 5,699 

163 0207697F DISTRIBUTED TRAINING AND EXERCISES ....................................... 4,425 4,425 

164 0208006F MISSION PLANNING SYSTEMS .............................................................. 69,377 69,377 

165 0208021F INFORMATION WARFARE SUPPORT .................................................... 7,159 7,159 

166 0208059F CYBER COMMAND ACTIVITIES ............................................................. 66,888 66,888 

174 0301400F SPACE SUPERIORITY INTELLIGENCE ................................................ 12,056 12,056 

175 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) ........ 4,159 4,159 

176 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) ..................................................................................... 20,124 20,124 

177 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ............................... 69,133 69,133 

178 0303141F GLOBAL COMBAT SUPPORT SYSTEM .................................................. 6,512 6,512 

179 0303150F GLOBAL COMMAND AND CONTROL SYSTEM .................................... 4,316 4,316 

180 0303601F MILSATCOM TERMINALS ........................................................................ 107,237 107,237 

182 0304260F AIRBORNE SIGINT ENTERPRISE .......................................................... 129,106 129,106 

185 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ................................. 4,461 4,461 

186 0305103F CYBER SECURITY INITIATIVE .............................................................. 2,055 2,055 

187 0305105F DOD CYBER CRIME CENTER ................................................................. 285 285 

188 0305110F SATELLITE CONTROL NETWORK (SPACE) ........................................ 33,773 33,773 

189 0305111F WEATHER SERVICE ................................................................................. 29,048 29,048 

190 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM 

(ATCALS) ................................................................................................. 43,187 43,187 

191 0305116F AERIAL TARGETS ..................................................................................... 50,496 50,496 

194 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ................................... 354 354 

195 0305145F ARMS CONTROL IMPLEMENTATION ................................................... 4,000 4,000 

196 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES .............. 342 342 

198 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) 

(SPACE) .................................................................................................... 29,621 29,621 

199 0305165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS) ................................................................................. 14,335 14,335 

201 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER ............... 3,680 3,680 

202 0305174F SPACE INNOVATION AND DEVELOPMENT CENTER ....................... 2,430 2,430 

203 0305182F SPACELIFT RANGE SYSTEM (SPACE) ................................................. 8,760 8,760 

204 0305193F INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) 0 0 

205 0305202F DRAGON U–2 .............................................................................................. 23,644 23,644 

206 0305205F ENDURANCE UNMANNED AERIAL VEHICLES ................................. 21,000 21,000 

207 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ........................................... 96,735 96,735 

208 0305207F MANNED RECONNAISSANCE SYSTEMS .............................................. 13,316 13,316 

209 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................. 63,501 63,501 

210 0305219F MQ–1 PREDATOR A UAV .......................................................................... 9,122 9,122 

211 0305220F RQ–4 UAV .................................................................................................... 236,265 236,265 

212 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING ....................... 7,367 7,367 

213 0305236F COMMON DATA LINK (CDL) ................................................................... 38,094 38,094 

214 0305238F NATO AGS ................................................................................................... 210,109 210,109 

215 0305240F SUPPORT TO DCGS ENTERPRISE ........................................................ 24,500 24,500 

216 0305265F GPS III SPACE SEGMENT ........................................................................ 318,992 318,992 

217 0305614F JSPOC MISSION SYSTEM ......................................................................... 54,645 54,645 

218 0305881F RAPID CYBER ACQUISITION .................................................................. 4,007 4,007 

219 0305887F INTELLIGENCE SUPPORT TO INFORMATION WARFARE .............. 13,357 13,357 

220 0305913F NUDET DETECTION SYSTEM (SPACE) ................................................ 64,965 64,965 
1087 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

221 0305940F SPACE SITUATION AWARENESS OPERATIONS ................................ 19,586 19,586 

222 0307141F INFORMATION OPERATIONS TECHNOLOGY INTEGRATION & 

TOOL DEVELOPMENT ......................................................................... 0 0 

223 0308699F SHARED EARLY WARNING (SEW) ........................................................ 1,175 1,175 

224 0401115F C–130 AIRLIFT SQUADRON ..................................................................... 5,000 5,000 

225 0401119F C–5 AIRLIFT SQUADRONS (IF) .............................................................. 35,115 35,115 

226 0401130F C–17 AIRCRAFT (IF) .................................................................................. 99,225 99,225 

227 0401132F C–130J PROGRAM ...................................................................................... 30,652 30,652 

228 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) ................... 7,758 7,758 

229 0401139F LIGHT MOBILITY AIRCRAFT (LIMA) ................................................... 100 100 

230 0401218F KC–135S ....................................................................................................... 0 0 

231 0401219F KC–10S ......................................................................................................... 24,022 24,022 

232 0401314F OPERATIONAL SUPPORT AIRLIFT ....................................................... 7,471 7,471 

233 0401315F C-STOL AIRCRAFT .................................................................................... 0 0 

234 0408011F SPECIAL TACTICS / COMBAT CONTROL ............................................. 4,984 4,984 

235 0702207F DEPOT MAINTENANCE (NON-IF) .......................................................... 1,588 1,588 

236 0708012F LOGISTICS SUPPORT ACTIVITIES ........................................................ 577 577 

237 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) ......................... 119,327 119,327 

238 0708611F SUPPORT SYSTEMS DEVELOPMENT ................................................... 15,873 15,873 

239 0801711F RECRUITING ACTIVITIES ....................................................................... 0 0 

240 0804743F OTHER FLIGHT TRAINING .................................................................... 349 349 

241 0804757F JOINT NATIONAL TRAINING CENTER ................................................ 0 0 

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 

249 0902998F MANAGEMENT HQ—ADP SUPPORT (AF) ............................................ 0 0 

249A 9999999999 CLASSIFIED PROGRAMS ......................................................................... 11,172,183 11,149,583 

Classified reduction .................................................................................... [–4,600] 

Classified reduction .................................................................................... [–18,000] 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ..... 15,867,972 15,828,872 

249B PRIOR YEAR SAVINGS ............................................................................. –78,426 

C–130 AMP cancellation ........................................................................... [–6,509] 

MALD II Cancellation ............................................................................... [–7,917] 

Global Hawk Block 30 cancellation ........................................................... [–64,000] 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, AF ... 25,428,046 25,274,890 

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 .................................................................................................. 0 0 

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 

014 0602305E MACHINE INTELLIGENCE ...................................................................... 0 0 

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 13,753 

018 0602668D8Z CYBER SECURITY RESEARCH ............................................................... 18,985 18,985 

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 25,612 
1088 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

026 0603121D8Z SO/LIC ADVANCED DEVELOPMENT ..................................................... 26,324 26,324 

027 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ........................ 77,144 65,844 

Reduction due to duplication of effort ....................................................... [–11,300] 

028 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION 

PREVENTION AND DEFEAT ............................................................... 275,022 275,022 

029 0603175C BALLISTIC MISSILE DEFENSE TECHNOLOGY ................................. 79,975 79,975 

030 0603200D8Z JOINT ADVANCED CONCEPTS ............................................................... 0 0 

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 ...................................................... 174,316 174,316 

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 13,754 

041 0603665D8Z BIOMETRICS SCIENCE AND TECHNOLOGY ....................................... 0 0 

042 0603668D8Z CYBER SECURITY ADVANCED RESEARCH ........................................ 19,935 19,935 

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 

046 0603711D8Z JOINT ROBOTICS PROGRAM/AUTONOMOUS SYSTEMS ................... 0 0 

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 69,234 

DMEA upgrade reduction ......................................................................... [–3,000] 

051 0603727D8Z JOINT WARFIGHTING PROGRAM .......................................................... 8,403 8,403 

052 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ..................................... 111,008 111,008 

053 0603755D8Z HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM 0 0 

054 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ............. 237,859 237,859 

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 .............................................. 107,002 107,002 

061 0603828D8Z JOINT EXPERIMENTATION .................................................................... 0 0 

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 46,944 

065 0603902C NEXT GENERATION AEGIS MISSILE ................................................... 224,077 224,077 

066 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ............................. 92,602 92,602 

067 0603942D8Z TECHNOLOGY TRANSFER ...................................................................... 0 0 

068 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ................... 26,244 26,244 

069 0303310D8Z CWMD SYSTEMS ........................................................................................ 53,946 53,946 

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 3,210,113 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ..................................................................................................... 3,194,413 3,210,113 

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 

076 0603709D8Z JOINT ROBOTICS PROGRAM .................................................................. 0 0 

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 ........................................................................................................ 903,172 903,172 
1089 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

081 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL .. 179,023 179,023 

082 0603884C BALLISTIC MISSILE DEFENSE SENSORS .......................................... 347,012 347,012 

083 0603888C BALLISTIC MISSILE DEFENSE TEST & TARGETS ........................... 0 0 

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 .................................................... 99,836 409,836 

Arrow Weapon System improvements ....................................................... [20,000] 

Arrow–3 interceptor ................................................................................... [20,000] 

David’s Sling short-range BMD ................................................................ [60,000] 

Iron Dome short-range rocket defense ...................................................... [210,000] 

095 0603914C BALLISTIC MISSILE DEFENSE TEST .................................................. 454,400 454,400 

096 0603915C BALLISTIC MISSILE DEFENSE TARGETS .......................................... 435,747 435,747 

097 0603920D8Z HUMANITARIAN DEMINING ................................................................... 13,231 13,231 

098 0603923D8Z COALITION WARFARE ............................................................................. 11,398 11,398 

099 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ..................... 3,283 24,083 

Increase for requirements shortfall ........................................................... [20,800] 

100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED AIRCRAFT SYSTEM (UAS) COMMON DEVELOPMENT ............................................. 12,368 12,368 

101 0604670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) 

RESEARCH AND ENGINEERING ....................................................... 5,131 5,131 

102 0604775D8Z DEFENSE RAPID INNOVATION PROGRAM ......................................... 0 200,000 

Rapid Innovation Program ........................................................................ [200,000] 

103 0604787D8Z JOINT SYSTEMS INTEGRATION COMMAND (JSIC) .......................... 0 0 

104 0604787J JOINT SYSTEMS INTEGRATION ............................................................ 3,273 3,273 

105 0604828D8Z JOINT FIRES INTEGRATION AND INTEROPERABILITY TEAM .... 0 0 

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 ................................ 297,375 297,375 

110 0604884C AIRBORNE INFRARED (ABIR) ............................................................... 0 0 

111 0604886C ADVANCED REMOTE SENSOR TECHNOLOGY (ARST) ..................... 58,742 58,742 

112 0605017D8Z REDUCTION OF TOTAL OWNERSHIP COST ....................................... 0 0 

113 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM ....... 3,158 3,158 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES ...................................................................................... 6,282,166 6,814,966 

SYSTEM DEVELOPMENT AND DEMONSTRATION (SDD) 

114 0604051D8Z DEFENSE ACQUISITION CHALLENGE PROGRAM (DACP) ............. 0 0 

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 

118 0604709D8Z JOINT ROBOTICS PROGRAM—EMD ..................................................... 0 0 

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 

123 0605018BTA DEFENSE INTEGRATED MILITARY HUMAN RESOURCES SYSTEM (DIMHRS) ....................................................................................... 0 0 

124 0605020BTA BUSINESS TRANSFORMATION AGENCY R&D ACTIVITIES ............ 0 0 

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 

130 0605140D8Z TRUSTED FOUNDRY ................................................................................ 0 0 

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 

134 0807708D8Z WOUNDED ILL AND INJURED SENIOR OVERSIGHT COMMITTEE (WII-SOC) STAFF OFFICE ................................................... 0 0 

SUBTOTAL, SYSTEM DEVELOPMENT AND DEMONSTRATION (SDD) ........................................................................................... 694,287 694,287 

RDT&E MANAGEMENT SUPPORT 
1090 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

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 

145 0605128D8Z CLASSIFIED PROGRAM USD(P) ............................................................. 0 0 

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 

153 0605502BR SMALL BUSINESS INNOVATION RESEARCH ..................................... 0 0 

154 0605502C SMALL BUSINESS INNOVATIVE RESEARCH—MDA ......................... 0 0 

155 0605502D8W SMALL BUSINESS INNOVATIVE RESEARCH ..................................... 0 0 

156 0605502D8Z SMALL BUSINESS INNOVATIVE RESEARCH ..................................... 0 0 

157 0605502E SMALL BUSINESS INNOVATIVE RESEARCH ..................................... 0 0 

158 0605502S SMALL BUSINESS INNOVATIVE RESEARCH ..................................... 0 0 

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 

161 0605799D8Z EMERGING CAPABILITIES ..................................................................... 0 0 

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] 

165 0605897E DARPA AGENCY RELOCATION .............................................................. 0 0 

166 0605898E MANAGEMENT HQ—R&D ........................................................................ 69,767 69,767 

167 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ............................................ 4,454 4,454 

168 0606301D8Z AVIATION SAFETY TECHNOLOGIES .................................................... 0 0 

169 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) ................. 2,637 2,637 

170 0204571J JOINT STAFF ANALYTICAL SUPPORT ................................................ 0 0 

173 0303166D8Z SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES .. 0 0 

174 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES .. 8,238 8,238 

175 0303169D8Z INFORMATION TECHNOLOGY RAPID ACQUISITION ....................... 0 0 

176 0305103E CYBER SECURITY INITIATIVE .............................................................. 1,801 1,801 

177 0305193D8Z INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) 16,041 16,041 

179 0305400D8Z WARFIGHTING AND INTELLIGENCE-RELATED SUPPORT ........... 0 0 

180 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2) ............................................................................ 77,475 77,475 

181 0901585C PENTAGON RESERVATION ..................................................................... 0 0 

182 0901598C MANAGEMENT HQ—MDA ....................................................................... 34,855 34,855 

183 0901598D8W MANAGEMENT HEADQUARTERS WHS ................................................ 104 104 

184 0909999D8Z FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ............. 0 0 

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 

189 0607828D8Z JOINT INTEGRATION AND INTEROPERABILITY ............................. 0 0 

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 
1091 

†S 3254 ES

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

208 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ............................... 191,452 191,452 

209 0303140K INFORMATION SYSTEMS SECURITY PROGRAM ............................... 0 0 

210 0303149J C4I FOR THE WARRIOR ........................................................................... 0 0 

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 

220 0305103D8Z CYBER SECURITY INITIATIVE .............................................................. 0 0 

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 

239 0305231BB MQ–8 UAV .................................................................................................... 0 0 

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 

252 1001018D8Z NATO AGS ................................................................................................... 0 0 

253 1105219BB MQ–9 UAV .................................................................................................... 3,002 3,002 

254 1105232BB RQ–11 UAV .................................................................................................. 0 0 

255 1105233BB RQ–7 UAV .................................................................................................... 0 0 

256 1160279BB SMALL BUSINESS INNOVATIVE RESEARCH/SMALL BUS TECH 

TRANSFER PILOT PROG ..................................................................... 0 0 

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 34,405 

Transfer from PDW Line 64 at USSOCOM request ............................... [8,000] 

273 1160484BB SOF SURFACE CRAFT .............................................................................. 8,573 8,573 

274 1160488BB SOF MILITARY INFORMATION SUPPORT OPERATIONS ................. 0 0 

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 4,676,338 

UNDISTRIBUTED 

UNDISTRIBUTED .................................................................................. –100,000 

DARPA undistributed reduction ............................................................... [–75,000] 

DARPA classified programs reduction ...................................................... [–25,000] 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, DW .. 17,982,161 18,444,261 

OPERATIONAL TEST & EVAL, DEFENSE 

RDT&E MANAGEMENT SUPPORT 

001 0605118OTE OPERATIONAL TEST AND EVALUATION ............................................ 72,501 76,501 

NCR transition .......................................................................................... [4,000] 

002 0605131OTE LIVE FIRE TEST AND EVALUATION ................................................... 49,201 49,201 

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES ......................... 63,566 63,566 

TOTAL, OPERATIONAL TEST & EVAL, DEFENSE ................. 185,268 189,268 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL ........... 69,407,767 69,286,218 
1092 

†S 3254 ES

1 SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION FOR OVERSEAS CONTINGENCY OPER3 ATIONS. 

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

FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

060 0603747A SOLDIER SUPPORT AND SURVIVABILITY ......................................... 19,860 19,860 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES ...................................................................................... 19,860 19,860 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY ...................................................................................................... 19,860 19,860 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

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 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

OPERATIONAL SYSTEMS DEVELOPMENT 

249A 9999999999 CLASSIFIED PROGRAMS ......................................................................... 53,150 53,150 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ..... 53,150 53,150 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, AF ... 53,150 53,150 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

OPERATIONAL SYSTEMS DEVELOPMENT 

239 0305231BB MQ–8 UAV .................................................................................................... 5,000 5,000 

276A 9999999999 CLASSIFIED PROGRAMS ......................................................................... 107,387 107,387 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ..... 112,387 112,387 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, DW .. 112,387 112,387 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL ........... 245,516 245,516 
1093 

†S 3254 ES

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 

Senate 

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 7,401,613 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ............................................................................ 3,041,074 3,041,074 

120 MANAGEMENT AND OPERATIONAL HQ’S ............................ 410,171 410,171 

130 COMBATANT COMMANDERS CORE OPERATIONS .............. 177,819 177,819 

140 ADDITIONAL ACTIVITIES ......................................................... 0 0 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM ......... 0 0 

160 RESET ............................................................................................ 0 0 

170 COMBATANT COMMANDERS ANCILLARY MISSIONS ........ 461,333 461,333 

SUBTOTAL, OPERATING FORCES .................................. 22,436,871 22,436,871 

MOBILIZATION 

180 STRATEGIC MOBILITY .............................................................. 405,496 405,496 

190 ARMY PREPOSITIONING STOCKS ........................................... 195,349 195,349 

200 INDUSTRIAL PREPAREDNESS ................................................ 6,379 6,379 

SUBTOTAL, MOBILIZATION .............................................. 607,224 607,224 

TRAINING AND RECRUITING 

210 OFFICER ACQUISITION ............................................................. 112,866 112,866 

220 RECRUIT TRAINING ................................................................... 73,265 73,265 

230 ONE STATION UNIT TRAINING .............................................. 51,227 51,227 

240 SENIOR RESERVE OFFICERS TRAINING CORPS ............... 443,306 443,306 

250 SPECIALIZED SKILL TRAINING ............................................. 1,099,556 1,099,556 

260 FLIGHT TRAINING ..................................................................... 1,130,627 1,130,627 

270 PROFESSIONAL DEVELOPMENT EDUCATION ................... 191,683 191,683 

280 TRAINING SUPPORT .................................................................. 652,095 652,095 

290 RECRUITING AND ADVERTISING .......................................... 507,510 507,510 

300 EXAMINING .................................................................................. 156,964 156,964 

310 OFF-DUTY AND VOLUNTARY EDUCATION ......................... 244,343 244,343 

320 CIVILIAN EDUCATION AND TRAINING ................................. 212,477 212,477 

330 JUNIOR ROTC .............................................................................. 182,691 182,691 

SUBTOTAL, TRAINING AND RECRUITING ................. 5,058,610 5,058,610 

ADMIN & SRVWIDE ACTIVITIES 

350 SERVICEWIDE TRANSPORTATION ........................................ 601,331 601,331 

360 CENTRAL SUPPLY ACTIVITIES .............................................. 741,324 741,324 

370 LOGISTIC SUPPORT ACTIVITIES ............................................ 610,136 610,136 

380 AMMUNITION MANAGEMENT ................................................. 478,707 478,707 

390 ADMINISTRATION ...................................................................... 556,307 539,107 

GFEBS realignment per Army request ...................................... [–17,200] 

400 SERVICEWIDE COMMUNICATIONS ........................................ 1,547,925 1,547,925 

410 MANPOWER MANAGEMENT ..................................................... 362,205 362,205 

420 OTHER PERSONNEL SUPPORT .............................................. 220,754 220,754 

430 OTHER SERVICE SUPPORT ..................................................... 1,153,556 1,145,456 

Decrease for ahead of need request ............................................ [–8,100] 

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 
1094 

†S 3254 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 8,480,587 

UNDISTRIBUTED 

UNDISTRIBUTED .................................................................... –120,000 

Unobligated balances ................................................................... [–120,000] 

TOTAL, OPERATION & MAINTENANCE, ARMY ........ 36,608,592 36,463,292 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ..................... 4,918,144 4,918,144 

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 4,686,535 

100 SHIP OPERATIONS SUPPORT & TRAINING .......................... 769,204 769,204 

110 SHIP DEPOT MAINTENANCE .................................................. 5,089,981 5,089,981 

120 SHIP DEPOT OPERATIONS SUPPORT ................................... 1,315,366 1,315,366 

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 2,101,279 

300 BASE OPERATING SUPPORT ................................................... 4,822,093 4,822,093 

SUBTOTAL, OPERATING FORCES .................................. 33,758,297 33,758,297 

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 1,066,329 

340 EXPEDITIONARY HEALTH SERVICES SYSTEMS ............... 83,901 83,901 

350 INDUSTRIAL READINESS ......................................................... 2,695 2,695 

360 COAST GUARD SUPPORT .......................................................... 23,502 23,502 

SUBTOTAL, MOBILIZATION .............................................. 1,517,648 1,517,648 

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 .......................................... 241,329 241,329 

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 1,716,430 

ADMIN & SRVWD ACTIVITIES 

480 ADMINISTRATION ...................................................................... 797,177 797,177 
1095 

†S 3254 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 

540 MEDICAL ACTIVITIES ............................................................... 0 0 

550 SERVICEWIDE TRANSPORTATION ........................................ 182,343 182,343 

560 ENVIRONMENTAL PROGRAMS ................................................ 0 0 

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 

690 CANCELLED ACCOUNT ADJUSTMENTS ............................... 0 0 

700 JUDGEMENT FUND ................................................................... 0 0 

710 CLASSIFIED PROGRAMS ........................................................... 537,079 537,079 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ................ 4,614,568 4,614,568 

UNDISTRIBUTED 

UNDISTRIBUTED .................................................................... –23,000 

Unobligated balances ................................................................... [–23,000] 

TOTAL, OPERATION & MAINTENANCE, NAVY ......... 41,606,943 41,583,943 

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 ........ 825,039 825,039 

060 BASE OPERATING SUPPORT ................................................... 2,188,883 2,188,883 

SUBTOTAL, OPERATING FORCES .................................. 4,833,412 4,833,412 

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 

180 CANCELLED ACCOUNT ADJUSTMENT ................................. 0 0 

190 CLASSIFIED PROGRAMS ........................................................... 346,071 346,071 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ................ 469,437 469,437 

TOTAL, OPERATION & MAINTENANCE, MARINE 

CORPS ...................................................................................... 5,983,163 5,983,163 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ..................................................... 2,973,141 2,973,141 

020 COMBAT ENHANCEMENT FORCES ........................................ 1,611,032 1,611,032 

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 1,353,987 

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 

090 JCS EXERCISES .......................................................................... 0 0 
1096 

†S 3254 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

100 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ...... 733,716 733,716 

110 LAUNCH FACILITIES ................................................................. 314,490 314,490 

120 SPACE CONTROL SYSTEMS ..................................................... 488,762 488,762 

130 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 862,979 862,979 

140 COMBATANT COMMANDERS CORE OPERATIONS .............. 222,429 222,429 

SUBTOTAL, OPERATING FORCES .................................. 20,047,084 20,047,084 

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 

300 JUDGEMENT FUND ................................................................... 0 0 

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 

450 JUDGEMENT FUND REIMBURSEMENT ............................... 0 0 

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 

UNDISTRIBUTED .................................................................... –32,000 

Unobligated balances ................................................................... [–32,000] 

TOTAL, OPERATION & MAINTENANCE, AIR 

FORCE ..................................................................................... 35,435,360 35,403,360 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF ........................................................ 485,708 485,708 

020 SPECIAL OPERATIONS COMMAND ......................................... 0 5,107,501 

Transfer from Line 025 .............................................................. [5,091,001] 

USSOCOM UFR ......................................................................... [16,500] 

025 CLASSIFIED PROGRAMS ........................................................... 5,091,001 0 

Transfer to Line 020 .................................................................. [–5,091,001] 

SUBTOTAL, OPERATING FORCES .................................. 5,576,709 5,593,209 

TRAINING AND RECRUITING 

030 DEFENSE ACQUISITION UNIVERSITY .................................. 147,210 147,210 
1097 

†S 3254 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 

070 DEFENSE BUSINESS TRANSFORMATION AGENCY .......... 0 0 

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 ................... 557,917 540,317 

Program decrease—Defense Security Assessment ...................... [–2,600] 

Program decrease—Global Train and Equip .............................. [–15,000] 

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 .................................. 253,437 114,037 

Decrease for ahead of need request ............................................ [–139,400] 

260 OFFICE OF THE SECRETARY OF DEFENSE ....................... 2,095,362 2,095,362 

270 WASHINGTON HEADQUARTERS SERVICE ........................... 521,297 521,297 

280 CLASSIFIED PROGRAMS ........................................................... 14,933,801 14,158,757 

Transfer to Line 190 .................................................................. [–506,662] 

Transfer to Line 210 .................................................................. [–443,382] 

Commercial imagery service level agreement .............................. [125,000] 

Additional ISR Support to Operation Observant Compass ........ [50,000] 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ................ 26,184,095 26,202,095 

UNDISTRIBUTED 

UNDISTRIBUTED .................................................................... 5,000 

Unobligated balances ................................................................... [–25,000] 

Impact aid for schools with military dependent students ........... [25,000] 

Impact aid for children with severe disabilities .......................... [5,000] 

TOTAL, OPERATION & MAINTENANCE, DEFENSEWIDE ......................................................................................... 31,993,013 32,032,513 

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 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ............................................................................ 287,399 287,399 

120 MANAGEMENT AND OPERATIONAL HQ’S ............................ 52,431 52,431 

130 ADDITIONAL ACTIVITIES ......................................................... 0 0 

SUBTOTAL, OPERATING FORCES .................................. 3,034,929 3,034,929 

ADMIN & SRVWD ACTIVITIES 

140 SERVICEWIDE TRANSPORTATION ........................................ 12,995 12,995 

150 ADMINISTRATION ...................................................................... 32,432 32,432 

160 SERVICEWIDE COMMUNICATIONS ........................................ 4,895 4,895 

170 MANPOWER MANAGEMENT ..................................................... 16,074 16,074 

180 RECRUITING AND ADVERTISING .......................................... 60,683 60,683 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ................ 127,079 127,079 
1098 

†S 3254 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

TOTAL, OPERATION & MAINTENANCE, ARMY 

RES ............................................................................................ 3,162,008 3,162,008 

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 

080 CANCELLED ACCOUNT ADJUSTMENT ................................. 0 0 

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 71,564 

050 BASE SUPPORT ........................................................................... 364,862 364,862 

SUBTOTAL, OPERATING FORCES .................................. 3,044,845 3,044,845 

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 

TOTAL, OPERATION & MAINTENANCE, AF RESERVE ...................................................................................... 3,166,482 3,166,482 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS ..................................................................... 680,206 680,206 
1099 

†S 3254 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 ............................................................................ 688,189 688,189 

120 MANAGEMENT AND OPERATIONAL HQ’S ............................ 953,716 953,716 

SUBTOTAL, OPERATING FORCES .................................. 6,648,912 6,648,912 

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 7,108,612 

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 ............................................................................ 270,709 270,709 

050 BASE SUPPORT ........................................................................... 624,443 624,443 

SUBTOTAL, OPERATING FORCES .................................. 5,951,076 5,951,076 

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 

TOTAL, OPERATION & MAINTENANCE, ANG ........... 6,015,455 6,015,455 

MISCELLANEOUS APPROPRIATIONS 

010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE ....................................................................................... 13,516 13,516 

040 ACQ WORKFORCE DEV FD ....................................................... 274,198 274,198 

020 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 108,759 108,759 

030 COOPERATIVE THREAT REDUCTION ................................... 519,111 519,111 

050 ENVIRONMENTAL RESTORATION, ARMY ............................ 335,921 335,921 

060 ENVIRONMENTAL RESTORATION, NAVY ............................. 310,594 310,594 

070 ENVIRONMENTAL RESTORATION, AIR FORCE .................. 529,263 529,263 

080 ENVIRONMENTAL RESTORATION, DEFENSE .................... 11,133 11,133 

090 ENVIRONMENTAL RESTORATION FORMERLY USED 

SITES ......................................................................................... 237,543 237,543 

TOTAL, MISCELLANEOUS APPROPRIATIONS ......... 2,340,038 2,340,038 

TOTAL, OPERATION & MAINTENANCE ....................... 174,938,933 174,778,133 
1100 

†S 3254 ES

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 

Senate 

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 12,524,137 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM ......... 400,000 200,000 

Program decrease ........................................................................ [–200,000] 

160 RESET ............................................................................................ 3,687,973 3,687,973 

SUBTOTAL, OPERATING FORCES .................................. 23,107,822 22,907,822 

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 28,351,441 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ..................... 937,098 937,098 

030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ............................................................................................ 1,000 1,000 

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 
1101 

†S 3254 ES

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 

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 
1102 

†S 3254 ES

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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 2,200,000 

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 5,319,519 

TOTAL, OPERATION & MAINTENANCE, DEFENSEWIDE ......................................................................................... 7,824,579 7,824,579 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

030 ECHELONS ABOVE BRIGADE .................................................. 78,600 78,600 

050 LAND FORCES OPERATIONS SUPPORT ............................... 20,811 20,811 

070 FORCE READINESS OPERATIONS SUPPORT ...................... 20,726 20,726 

100 BASE OPERATIONS SUPPORT ................................................. 34,400 34,400 

SUBTOTAL, OPERATING FORCES .................................. 154,537 154,537 

TOTAL, OPERATION & MAINTENANCE, ARMY 

RES ............................................................................................ 154,537 154,537 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ..................... 24,834 24,834 

020 INTERMEDIATE MAINTENANCE ............................................ 300 300 

040 AIRCRAFT DEPOT MAINTENANCE ........................................ 13,364 13,364 

060 MISSION AND OTHER SHIP OPERATIONS ........................... 8,213 8,213 

080 SHIP DEPOT MAINTENANCE .................................................. 929 929 

100 COMBAT SUPPORT FORCES .................................................... 8,244 8,244 

140 BASE OPERATING SUPPORT ................................................... 40 40 

SUBTOTAL, OPERATING FORCES .................................. 55,924 55,924 

TOTAL, OPERATION & MAINTENANCE, NAVY RES 55,924 55,924 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ................................................................. 22,657 22,657 

040 BASE OPERATING SUPPORT ................................................... 2,820 2,820 

SUBTOTAL, OPERATING FORCES .................................. 25,477 25,477 

TOTAL, OPERATION & MAINTENANCE, MC RESERVE ...................................................................................... 25,477 25,477 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ..................................................... 7,600 7,600 

030 DEPOT MAINTENANCE ............................................................. 106,768 106,768 

050 BASE SUPPORT ........................................................................... 6,250 6,250 

SUBTOTAL, OPERATING FORCES .................................. 120,618 120,618 

TOTAL, OPERATION & MAINTENANCE, AF RESERVE ...................................................................................... 120,618 120,618 

OPERATION & MAINTENANCE, ARNG 
1103 

†S 3254 ES

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

OPERATING FORCES 

010 MANEUVER UNITS ..................................................................... 38,485 38,485 

020 MODULAR SUPPORT BRIGADES ............................................. 1,959 1,959 

030 ECHELONS ABOVE BRIGADE .................................................. 20,076 20,076 

040 THEATER LEVEL ASSETS ........................................................ 2,028 2,028 

060 AVIATION ASSETS ...................................................................... 183,811 183,811 

070 FORCE READINESS OPERATIONS SUPPORT ...................... 43,780 43,780 

100 BASE OPERATIONS SUPPORT ................................................. 70,237 70,237 

120 MANAGEMENT AND OPERATIONAL HQ’S ............................ 20,072 20,072 

SUBTOTAL, OPERATING FORCES .................................. 380,448 380,448 

ADMIN & SRVWD ACTIVITIES 

160 SERVICEWIDE COMMUNICATIONS ........................................ 2,000 2,000 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ................ 2,000 2,000 

TOTAL, OPERATION & MAINTENANCE, ARNG ........ 382,448 382,448 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

020 MISSION SUPPORT OPERATIONS ........................................... 19,975 19,975 

SUBTOTAL, OPERATING FORCES .................................. 19,975 19,975 

TOTAL, OPERATION & MAINTENANCE, ANG ........... 19,975 19,975 

AFGHANISTAN SECURITY FORCES FUND 

MINISTRY OF DEFENSE 

010 SUSTAINMENT ............................................................................ 2,523,825 2,523,825 

020 INFRASTRUCTURE ..................................................................... 190,000 190,000 

030 EQUIPMENT AND TRANSPORTATION ................................... 241,521 241,521 

040 TRAINING AND OPERATIONS ................................................. 758,380 758,380 

SUBTOTAL, MINISTRY OF DEFENSE ............................ 3,713,726 3,713,726 

MINISTRY OF INTERIOR 

050 SUSTAINMENT ............................................................................ 1,305,950 1,305,950 

060 INFRASTRUCTURE ..................................................................... 50,000 50,000 

070 EQUIPMENT AND TRANSPORTATION ................................... 84,859 84,859 

080 TRAINING AND OPERATIONS ................................................. 569,868 569,868 

SUBTOTAL, MINISTRY OF INTERIOR ........................... 2,010,677 2,010,677 

RELATED ACTIVITIES 

090 SUSTAINMENT ............................................................................ 18,325 18,325 

100 INFRASTRUCTUE ....................................................................... 1,200 1,200 

110 EQUIPMENT & TRANSPORTATION ......................................... 1,239 1,239 

120 TRAINING AND OPERATIONS ................................................. 4,000 4,000 

SUBTOTAL, RELATED ACTIVITIES ................................ 24,764 24,764 

TOTAL, AFGHANISTAN SECURITY FORCES FUND 5,749,167 5,749,167 

AFGHANISTAN INFRASTRUCTURE FUND 

010 POWER .......................................................................................... 400,000 350,000 

Program decrease ........................................................................ [–50,000] 

TOTAL, AFGHANISTAN INFRASTRUCTURE FUND 400,000 350,000 

TOTAL, OPERATION & MAINTENANCE ....................... 62,512,514 62,222,514 
1104 

†S 3254 ES

1 TITLE XLIV—MILITARY 

2 PERSONNEL 

3 SEC. 4401. MILITARY PERSONNEL. 

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2013 

Request 

Senate 

Authorized 

MILITARY PERSONNEL ............................................................ 135,111,799 135,117,799 

BAH for Full-time Guard Transition to Active Duty ........... [6,000 ] 

TOTAL, MILITARY PERSONNEL .............................. 135,111,799 135,117,799 
1105 

†S 3254 ES

1 SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTIN2 GENCY OPERATIONS. 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2013 

Request 

Senate 

Authorized 

MILITARY PERSONNEL ............................................................ 14,060,094 14,060,094 

TOTAL, MILITARY PERSONNEL .............................. 14,060,094 14,060,094 
1106 

†S 3254 ES

1 TITLE XLV—OTHER 

2 AUTHORIZATIONS 

3 SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

WORKING CAPITAL FUND, ARMY 

010 PREPOSITIONED WAR RESERVE STOCKS .......................................... 60,037 60,037 

TOTAL, WORKING CAPITAL FUND, ARMY ................................ 60,037 60,037 

WORKING CAPITAL FUND, AIR FORCE 

010 C–17 CLS ENGINE REPAIR ...................................................................... 0 0 

020 TRANSPORTATION FALLEN HEROES .................................................. 0 0 

040 SUPPLIES AND MATERIALS (MEDICAL/DENTAL) ............................ 45,452 45,452 

TOTAL, WORKING CAPITAL FUND, AIR FORCE ..................... 45,452 45,452 

WORKING CAPITAL FUND, DEFENSE-WIDE 

010 DEFENSE LOGISTICS AGENCY (DLA) .................................................. 39,135 39,135 

TOTAL, WORKING CAPITAL FUND, DEFENSE-WIDE ............ 39,135 39,135 

WORKING CAPITAL FUND, DECA 

010 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 

010 T–AKE ........................................................................................................... 0 0 

020 MPF MLP ...................................................................................................... 38,000 38,000 

030 POST DELIVERY AND OUTFITTING ..................................................... 39,386 39,386 

040 NATIONAL DEF SEALIFT VESSEL ........................................................ 0 0 

050 LG MED SPD RO/RO MAINTENANCE .................................................... 128,819 128,819 

060 DOD MOBILIZATION ALTERATIONS ..................................................... 26,598 26,598 

070 TAH MAINTENANCE .................................................................................. 29,199 29,199 

080 RESEARCH AND DEVELOPMENT .......................................................... 42,811 42,811 

090 READY RESERVE FORCE ......................................................................... 303,323 303,323 

100 MARAD SHIP FINANCING GUARANTEE PROGRAM ........................... 0 0 

TOTAL, NATIONAL DEFENSE SEALIFT FUND ......................... 608,136 608,136 

DEFENSE HEALTH PROGRAM 

DHP, OPERATION & MAINTENANCE 

010 IN-HOUSE CARE ......................................................................................... 8,625,507 8,625,507 

020 PRIVATE SECTOR CARE ........................................................................... 16,148,263 16,148,263 

030 CONSOLIDATED HEALTH SUPPORT .................................................... 2,309,185 2,309,185 

040 INFORMATION MANAGEMENT ............................................................... 1,465,328 1,465,328 

050 MANAGEMENT ACTIVITIES ..................................................................... 332,121 332,121 

060 EDUCATION AND TRAINING ................................................................... 722,081 722,081 

070 BASE OPERATIONS/COMMUNICATIONS ............................................... 1,746,794 1,746,794 

070A UNDISTRIBUTED ....................................................................................... 452,000 

Restore DOD assumed Savings for TRICARE Proposals ......................... [452,000] 

SUBTOTAL, DHP, OPERATION & MAINTENANCE .................. 31,349,279 31,801,279 

DHP, RDT&E 

080 DEFENSE HEALTH PROGRAM ............................................................... 672,977 672,977 

SUBTOTAL, DHP, RDT&E ................................................................... 672,977 672,977 

DHP, PROCUREMENT 

090 DEFENSE HEALTH PROGRAM ............................................................... 506,462 506,462 

SUBTOTAL, DHP, PROCUREMENT 

TOTAL, DEFENSE HEALTH PROGRAM ....................................... 32,528,718 32,980,718 

CHEM AGENTS & MUNITIONS DESTRUCTION 

001 OPERATION & MAINTENANCE ............................................................... 635,843 635,843 

002 RDT&E ........................................................................................................... 647,351 647,351 

003 PROCUREMENT .......................................................................................... 18,592 18,592 

TOTAL, CHEM AGENTS & MUNITIONS DESTRUCTION ....... 1,301,786 1,301,786 
1107 

†S 3254 ES

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

010 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF .................... 889,545 863,645 

Transfer to Demand Reduction Program ................................................... [–25,900] 

020 DRUG DEMAND REDUCTION PROGRAM .............................................. 109,818 135,718 

Expanded drug testing ............................................................................... [25,900] 

TOTAL, DRUG INTERDICTION & CTR-DRUG ACTIVITIES, 

DEF ........................................................................................................... 999,363 999,363 

OFFICE OF THE INSPECTOR GENERAL 

010 OPERATION & MAINTENANCE ............................................................... 272,821 331,921 

DoD IG growth plan ................................................................................... [59,100] 

020 RDT&E ........................................................................................................... 0 0 

030 PROCUREMENT .......................................................................................... 1,000 1,000 

TOTAL, OFFICE OF THE INSPECTOR GENERAL .................... 273,821 332,921 

TOTAL, OTHER AUTHORIZATIONS ............................................... 37,228,008 37,739,108 
1108 

†S 3254 ES

1 SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CON2 TINGENCY OPERATIONS. 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

WORKING CAPITAL FUND, ARMY 

010 PREPOSITIONED WAR RESERVE STOCKS ...................................... 42,600 42,600 

TOTAL, WORKING CAPITAL FUND, ARMY ............................. 42,600 42,600 

WORKING CAPITAL FUND, AIR FORCE 

010 C–17 CLS ENGINE REPAIR ................................................................... 230,400 230,400 

020 TRANSPORTATION FALLEN HEROES .............................................. 10,000 10,000 

TOTAL, WORKING CAPITAL FUND, AIR FORCE ................. 240,400 240,400 

WORKING CAPITAL FUND, DEFENSE-WIDE 

010 DEFENSE LOGISTICS AGENCY (DLA) ............................................... 220,364 220,364 

TOTAL, WORKING CAPITAL FUND, DEFENSE-WIDE ........ 220,364 220,364 

DEFENSE HEALTH PROGRAM 

DHP, OPERATION & MAINTENANCE 

010 IN-HOUSE CARE ..................................................................................... 483,326 483,326 

020 PRIVATE SECTOR CARE ....................................................................... 376,982 376,982 

030 CONSOLIDATED HEALTH SUPPORT ................................................ 111,675 111,675 

040 INFORMATION MANAGEMENT ........................................................... 4,773 4,773 

050 MANAGEMENT ACTIVITIES ................................................................. 660 660 

060 EDUCATION AND TRAINING ............................................................... 15,370 15,370 

070 BASE OPERATIONS/COMMUNICATIONS ........................................... 1,112 1,112 

SUBTOTAL, DHP, OPERATION & MAINTENANCE 

TOTAL, DEFENSE HEALTH PROGRAM ................................... 993,898 993,898 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

010 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ................ 469,025 469,025 

TOTAL, DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ........................................................................................... 469,025 469,025 

OFFICE OF THE INSPECTOR GENERAL 

010 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 
1109 

†S 3254 ES

1 TITLE XLVI—MILITARY 

2 CONSTRUCTION 

3 SEC. 4601. MILITARY CONSTRUCTION. 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country 

and Installation Project Title Budget Request 

Senate 

Agreement 

ARMY Milcon 

Alaska 

ARMY Fort Wainwright Modified Record Fire Range ..................................... 10,400 10,400 

ARMY Joint Base ElmendorfRichardson Modified Record Fire Range ..................................... 7,900 7,900 

California 

ARMY Concord Lightning Protection System ..................................... 5,800 5,800 

ARMY Concord Engineering/Housing Maintenance Shop ................... 3,100 3,100 

Colorado 

ARMY Fort Carson, Colorado Digital Multipurpose Training Range ....................... 18,000 18,000 

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 Modified Record Fire Range ..................................... 4,000 4,000 

ARMY Fort Gordon Multipurpose Machine Gun Range ............................ 7,100 7,100 

ARMY Fort Gordon Ground Source Heat Transfer System ...................... 12,200 12,200 

ARMY Fort Stewart, Georgia Digital Multipurpose Training Range ....................... 22,000 22,000 

ARMY Fort Stewart, Georgia Automated Combat Pistol Qual Crse ........................ 3,650 3,650 

ARMY Fort Stewart, Georgia Unmanned Aerial Vehicle Complex ........................... 24,000 24,000 

Hawaii 

ARMY Pohakuloa Training 

Area 

Automated Infantry Platoon Battle Course .............. 29,000 29,000 

ARMY Schofield Barracks Barracks .................................................................... 41,000 41,000 

ARMY Schofield Barracks Barracks .................................................................... 55,000 55,000 

ARMY Wheeler Army Air Field Combat Aviation Brigade Barracks ........................... 85,000 85,000 

Kansas 

ARMY Fort Riley, Kansas Unmanned Aerial Vehicle Complex ........................... 12,200 12,200 

Kentucky 

ARMY Fort Campbell, Kentucky Battalion Headquarters Complex .............................. 55,000 55,000 

ARMY Fort Campbell, Kentucky Live Fire Exercise Shoothouse .................................. 3,800 3,800 

ARMY Fort Campbell, Kentucky Unmanned Aerial Vehicle Complex ........................... 23,000 23,000 

ARMY Fort Knox Automated Infantry Squad Battle Course ................ 6,000 6,000 

Missouri 

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 

ARMY Fort Leonard Wood Battalion Complex Facilities ..................................... 26,000 26,000 

New Jersey 

ARMY Picatinny Arsenal Ballistic Evaluation Center ........................................ 10,200 10,200 

ARMY Joint Base McGuireDix-Lakehurst Flight Equipment Complex ....................................... 47,000 47,000 

New York 

ARMY Fort Drum, New York Aircraft Maintenance Hangar ................................... 95,000 95,000 

ARMY U.S. Military Academy Cadet Barracks .......................................................... 192,000 0 

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, Texas Modified Record Fire Range ..................................... 4,200 4,200 

ARMY Fort Hood, Texas Training Aids Center ................................................. 25,000 25,000 

ARMY Fort Hood, Texas Unmanned Aerial Vehicle Complex ........................... 22,000 22,000 

ARMY Joint Base San Antonio Barracks .................................................................... 21,000 21,000 

Virginia 

ARMY Arlington Cemetery Expansion Millennium Site ....................... 84,000 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 Yakima Convoy Live Fire Range ............................................ 5,100 5,100 
1110 

†S 3254 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country 

and Installation Project Title Budget Request 

Senate 

Agreement 

ARMY Joint Base LewisMcChord Battalion Complex ..................................................... 73,000 73,000 

ARMY Joint Base LewisMcChord Waste Water Treatment Plant .................................. 91,000 91,000 

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 

Korea 

ARMY Camp Humphreys Battalion Headquarters Complex .............................. 45,000 45,000 

Worldwide Unspec 

ARMY Unspecified Worldwide 

Locations 

Minor Construction FY 13 ........................................ 25,000 25,000 

ARMY Unspecified Worldwide 

Locations 

Host Nation Support FY 13 ..................................... 34,000 34,000 

ARMY Unspecified Worldwide 

Locations 

Planning and Design FY13 ....................................... 65,173 46,173 

Milcon, A—SUBTOTAL .......................................................................................................... 1,923,323 1,598,323 

NAVY Milcon 

Arizona 

NAVY Yuma Security Operations Complex .................................... 13,300 13,300 

NAVY Yuma Combat Aircraft Loading Apron ............................... 15,985 15,985 

California 

NAVY Camp Pendleton, California Comm. Information Systems Ops Complex ............... 78,897 78,897 

NAVY Camp Pendleton, California San Jacinto Road Extension ..................................... 5,074 5,074 

NAVY Camp Pendleton, California MV22 Aviation Simulator Building ........................... 4,139 4,139 

NAVY Ventura County BAMS Maintenance Training Facility ...................... 14,843 12,790 

NAVY Miramar Hangar 5 Renovations & Addition ............................ 27,897 27,897 

NAVY San Diego Entry Control Point (Gate Five) ............................... 11,752 11,752 

NAVY San Diego LCS Training Facility ............................................... 59,436 59,436 

NAVY Seal Beach Strategic Systems Weapons Eval. Test Lab ............. 30,594 30,594 

NAVY Twentynine Palms, 

California 

Land Expansion Phase 2 ........................................... 47,270 47,270 

NAVY Coronado Bachelor Quarters ...................................................... 76,063 76,063 

NAVY Coronado H–60S Simulator Training Facility .......................... 2,478 2,478 

Florida 

NAVY Jacksonville BAMS Mission Control Complex ............................... 21,980 21,980 

Hawaii 

NAVY Kaneohe Bay MV–22 Hangar and Infrastructure ........................... 82,630 82,630 

NAVY Kaneohe Bay Aircraft Staging Area ................................................ 14,680 14,680 

Mississippi 

NAVY Meridian Dining Facility ........................................................... 10,926 10,926 

New Jersey 

NAVY Earle Combat System Engineering Building Addition ....... 33,498 33,498 

North Carolina 

NAVY Camp Lejeune, North 

Carolina 

Staff NCO Academy Facilities .................................. 28,986 28,986 

NAVY Camp Lejeune, North 

Carolina 

Base Access and Road—Phase 3 .............................. 40,904 40,904 

NAVY Cherry Point Marine 

Corps Air Station 

Marine Air Support Squadron Compound ................. 34,310 34,310 

NAVY Cherry Point Marine 

Corps Air Station 

Armory ....................................................................... 11,581 11,581 

NAVY New River Personnel Administration Center .............................. 8,525 8,525 

South Carolina 

NAVY Beaufort Ground Support Equipment Shop ............................. 9,465 9,465 

NAVY Beaufort Simulated LHD Flight Deck ..................................... 12,887 12,887 

NAVY Beaufort Recycling/Hazardous Waste Facility ......................... 3,743 3,743 

NAVY Beaufort Aircraft Maintenance Hangar ................................... 42,010 42,010 

NAVY Beaufort Airfield Security Upgrades ........................................ 13,675 13,675 

NAVY Parris Island Front Gate ATFP Improvements .............................. 10,135 10,135 

Virginia 

NAVY Dahlgren Cruiser/Destroyer Upgrade Training Facility ........... 16,494 16,494 

NAVY Dahlgren Physical Fitness Center ............................................. 11,734 11,734 

NAVY Oceana Naval Air Station A School Barracks ..................................................... 39,086 39,086 

NAVY Portsmouth Drydock 8 Electrical Distribution Upgrade .............. 32,706 32,706 

NAVY Quantico The Basic School Student Quarters—Phase 7 ......... 31,012 31,012 

NAVY Quantico Infrastructure—Widen Russell Road ........................ 14,826 14,826 

NAVY Quantico Weapons Training Battalion Mess Hall .................... 12,876 12,876 

NAVY Yorktown Regimental Headquarters .......................................... 11,015 11,015 
1111 

†S 3254 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country 

and Installation Project Title Budget Request 

Senate 

Agreement 

NAVY Yorktown Bachelor Enlisted Quarters ....................................... 18,422 18,422 

NAVY Yorktown Motor Transportation Facility ................................... 6,188 6,188 

NAVY Yorktown Supply Warehouse Facility ........................................ 8,939 8,939 

NAVY Yorktown Armory ....................................................................... 4,259 4,259 

Washington 

NAVY Whidbey Island EA–18G Flight Simulator Facility ............................ 6,272 6,272 

NAVY Kitsap Explosives Handling Wharf #2 (INC) ...................... 280,041 254,241 

Bahrain Island 

NAVY SW Asia Transient Quarters .................................................... 41,529 41,529 

NAVY SW Asia Combined Dining Facility .......................................... 9,819 9,819 

Diego Garcia 

NAVY Diego Garcia Communications Infrastructure ................................. 1,691 1,691 

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 0 

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 

Romania 

NAVY Deveselu, Romania AEGIS Ashore Missile Defense Complex .................. 45,205 45,205 

Spain 

NAVY Rota General Purpose Warehouse ...................................... 3,378 3,378 

NAVY Rota High Explosive Magazine .......................................... 13,837 13,837 

Worldwide Unspec 

NAVY Various Worldwide Locations BAMS Operational Facilities ..................................... 34,048 34,048 

Djibouti 

NAVY Camp Lemonier, 

Djibouti 

Containerized Living and Work Units ....................... 7,510 7,510 

NAVY Camp Lemonier, 

Djibouti 

Galley Addition and Warehouse ................................ 22,220 22,220 

NAVY Camp Lemonier, 

Djibouti 

Joint HQ/Joint Operations Center Facility .............. 42,730 42,730 

NAVY Camp Lemonier, 

Djibouti 

Fitness Center ........................................................... 26,960 26,960 

Worldwide Unspec 

NAVY Unspecified Worldwide 

Locations 

Unspecified Minor Construction ................................ 16,535 16,535 

NAVY Unspecified Worldwide 

Locations 

MCON Design Funds ................................................ 102,619 102,619 

Milcon, N—SUBTOTAL .......................................................................................................... 1,701,985 1,648,228 

AF Milcon 

Arkansas 

AF Little Rock AFB C–130J Fuel Systems Maintenance Hangar ............. 26,000 26,000 

AF Little Rock AFB C–130J Flight Simulator Addition ........................... 4,178 4,178 

Florida 

AF Tyndall AFB F–22 ADAL Hangar for Low Observable/Composite 14,750 14,750 

Georgia 

AF Fort Stewart, Georgia Air Support Operations Center (ASOC) ................... 7,250 7,250 

AF Moody AFB HC–130J Simulator Facility ..................................... 8,500 8,500 

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 Hangar 45W/AMU ............................... 7,250 7,250 

AF Hill AFB F–35 Modular Storage Magazines ............................ 2,280 2,280 

AF Hill AFB F–35 ADAL Building 118 for Flight Simulator ....... 4,000 4,000 

Greenland 

AF Thule Ab Dormitory (48 PN) .................................................... 24,500 24,500 

Italy 

AF Aviano Ab F–16 Mission Training Center .................................. 9,400 9,400 

Worldwide Unspec 

AF Unspecified Worldwide 

Locations 

Transient Contingency Dormitory—100 Rm ............ 17,625 0 

AF Unspecified Worldwide 

Locations 

Transient Aircraft Hangars ....................................... 15,032 0 

AF Unspecified Worldwide 

Locations 

Sanitary Sewer Lift/Pump Station ............................ 2,000 2,000 
1112 

†S 3254 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country 

and Installation Project Title Budget Request 

Senate 

Agreement 

AF Various Worldwide Locations Unspecified Minor Construction ................................ 18,200 18,200 

AF Unspecified Worldwide 

Locations 

Planning and Design ................................................. 18,635 18,635 

Milcon, AF—SUBTOTAL ....................................................................................................... 388,200 322,543 

DEF-WIDE 

Milcon 

Belgium 

DEFW Brussels NATO Headquarters Facility .................................... 26,969 26,969 

Worldwide Unspec 

DEFW Unspecified Worldwide 

Locations 

Energy Conservation Investment Program ............... 150,000 150,000 

DEFW Unspecified Worldwide 

Locations 

Contingency Construction .......................................... 10,000 10,000 

Texas 

DFAS Red River Army Depot DFAS Facility ........................................................... 16,715 16,715 

Illinois 

DISA Scott AFB DISA Facility Upgrades ............................................ 84,111 84,111 

Germany 

DISA Stuttgart-Patch Barracks DISA Europe Facility Upgrades ............................... 2,413 2,413 

Arizona 

DLA Yuma Truck Unload Facility ............................................... 1,300 1,300 

California 

DLA Def Fuel Support 

Point—San Diego 

Replace Fuel Pier ...................................................... 91,563 91,563 

DLA Edwards Air Force 

Base 

Replace Fuel Storage ................................................. 27,500 27,500 

Delaware 

DLA Dover AFB Replace Truck Off-Load Facility ............................... 2,000 2,000 

Florida 

DLA Hurlburt Field Construct Fuel Storage Facility ................................ 16,000 16,000 

Indiana 

DLA Grissom ARB Replace Hydrant Fuel System ................................... 26,800 26,800 

Louisiana 

DLA Barksdale AFB Upgrade Pumphouse .................................................. 11,700 11,700 

North Carolina 

DLA Seymour Johnson AFB Replace Pipeline ......................................................... 1,850 1,850 

Pennsylvania 

DLA Def Dist Depot New 

Cumberland 

Replace Sewage Treatment Plant .............................. 6,300 6,300 

DLA Def Dist Depot New 

Cumberland 

Replace Communications Building ............................ 6,800 6,800 

DLA Def Dist Depot New 

Cumberland 

Replace Reservoir ...................................................... 4,300 4,300 

Guam 

DLA Andersen AFB Upgrade Fuel Pipeline ............................................... 67,500 0 

Guantanamo Bay, Cuba 

DLA Guantanamo Bay Replace Truck Load Facility ..................................... 2,600 2,600 

DLA Guantanamo Bay Replace Fuel Pier ...................................................... 37,600 37,600 

Kentucky 

DODEA Fort Campbell, Kentucky Replace Barkley Elementary School .......................... 41,767 41,767 

Germany 

DODEA Vogelweh Replace Vogelweh Elementary School ....................... 61,415 61,415 

DODEA Weisbaden Weisbaden High School Addition .............................. 52,178 52,178 

Japan 

DODEA Camp Zama Renovate Zama High School ..................................... 13,273 13,273 

DODEA Kadena AB Replace Elementary School ....................................... 71,772 71,772 

DODEA Kadena AB Replace Stearley Heights Elementary School ........... 71,773 71,773 

DODEA Zukeran Replace Zukeran Elementary School ......................... 79,036 79,036 

DODEA Sasebo Replace Sasebo Elementary School ........................... 35,733 35,733 

Korea 

DODEA Osan AFB Replace Osan Elementary School .............................. 42,692 42,692 

United Kingdom 

DODEA RAF Feltwell Feltwell Elementary School Addition ........................ 30,811 30,811 

DODEA Menwith Hill Station Replace Menwith Hill Elementary/High School ........ 46,488 46,488 

New York 

MDA Fort Drum, New York IDT Complex ............................................................. 25,900 25,900 

Romania 

MDA Deveselu, Romania Aegis Ashore Missile Defense System Complex ........ 157,900 157,900 

Colorado 

NSA Buckley Air Force Base Denver Power House ................................................. 30,000 30,000 

Maryland 

NSA Fort Meade NSAW Recapitalize Building #1/Site M Inc 1 ......... 25,000 25,000 

NSA Fort Meade High Performance Computing Center Inc 2 ............. 300,521 225,521 
1113 

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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country 

and Installation Project Title Budget Request 

Senate 

Agreement 

Utah 

NSA Camp Williams IC CNCI Data Center 1 Inc 4 .................................. 191,414 191,414 

United Kingdom 

NSA Menwith Hill Station MHS Utilities and Roads .......................................... 3,795 3,795 

California 

SOCOM Coronado SOF Indoor Dynamic Shooting Facility ................... 31,170 31,170 

SOCOM Coronado SOF Close Quarters Combat/Dynamic Shoot Fac .... 13,969 13,969 

SOCOM Coronado SOF Mobile Comm Detachment Support Facility .... 10,120 10,120 

Colorado 

SOCOM Fort Carson, Colorado SOF Battalion Operations Complex .......................... 56,673 56,673 

Florida 

SOCOM Eglin AFB SOF AVFID Ops and Maintenance Facilities .......... 41,695 41,695 

SOCOM Macdill AFB SOF Joint Special Ops University Fac (JSOU) ....... 34,409 34,409 

Hawaii 

SOCOM Joint Base Pearl Harbor-Hickam SOF SDVT–1 Waterfront Operations Facility ......... 24,289 24,289 

Kentucky 

SOCOM Fort Campbell, Kentucky SOF Landgraf Hangar Extension ............................. 3,559 3,559 

SOCOM Fort Campbell, Kentucky SOF Ground Support Battalion ................................ 26,313 26,313 

New Mexico 

SOCOM Cannon AFB SOF AC–130J Combat Parking Apron .................... 22,062 22,062 

North Carolina 

SOCOM Camp Lejeune, North 

Carolina 

SOF Marine Battalion Company/Team Facilities ..... 53,399 53,399 

SOCOM Camp Lejeune, North 

Carolina 

SOF Survival Evasion Resist. Escape Tng Fac ........ 5,465 5,465 

SOCOM Fort Bragg SOF Support Addition .............................................. 3,875 3,875 

SOCOM Fort Bragg SOF Battalion Operations Facility ........................... 40,481 50,481 

SOCOM Fort Bragg SOF Civil Affairs Battalion Complex ........................ 31,373 41,373 

SOCOM Fort Bragg SOF Sustainment Brigade Complex ......................... 24,693 34,693 

Virginia 

SOCOM Joint Exp Base Little 

Creek—Story 

SOF Combat Services Support Facility—East ......... 11,132 11,132 

Washington 

SOCOM Fort Lewis SOF Military Working Dog Kennel .......................... 3,967 3,967 

SOCOM Fort Lewis SOF Battalion Operations Facility ........................... 46,553 46,553 

Conus Classified 

SOCOM Classified Location SOF Parachute Training Facility ............................. 6,477 6,477 

United Kingdom 

SOCOM RAF Mildenhall SOF CV–22 Simulator Facility ................................. 6,490 6,490 

California 

TMA Twentynine Palms, 

California 

Medical Clinic Replacement ....................................... 27,400 27,400 

Colorado 

TMA Pikes Peak High Altitude Medical Research Lab ........................ 3,600 3,600 

Illinois 

TMA Great Lakes Drug Laboratory Replacement .................................. 28,700 28,700 

TMA Scott AFB Medical Logistics Warehouse ..................................... 2,600 2,600 

Maryland 

TMA Annapolis Health Clinic Replacement ........................................ 66,500 66,500 

TMA Bethesda Naval Hospital Temporary Medical Facilities .................................... 26,600 26,600 

TMA Bethesda Naval Hospital Base Installation Access/Appearance Plan ................ 7,000 0 

TMA Bethesda Naval Hospital Electrical Capacity and Cooling Towers .................... 35,600 35,600 

TMA Fort Detrick USAMRIID Stage I, Incr 7 ...................................... 19,000 19,000 

Missouri 

TMA Fort Leonard Wood Dental Clinic .............................................................. 18,100 18,100 

New Mexico 

TMA Cannon AFB Medical/Dental Clinic Replacement ........................... 71,023 71,023 

New York 

TMA Fort Drum, New York Soldier Specialty Care Clinic ..................................... 17,300 17,300 

North Carolina 

TMA Camp Lejeune, North 

Carolina 

Medical Clinic Replacement ....................................... 21,200 21,200 

TMA Seymour Johnson AFB Medical Clinic Replacement ....................................... 53,600 53,600 

South Carolina 

TMA Shaw AFB Medical Clinic Replacement ....................................... 57,200 57,200 

Texas 

TMA Fort Bliss Hospital Replacement Incr 4 ..................................... 207,400 107,400 

TMA Joint Base San Antonio Ambulatory Care Center Phase 3 Incr ...................... 80,700 80,700 

Virginia 

TMA Norfolk Veterinary Facility Replacement ............................... 8,500 8,500 

Germany 

TMA Rhine Ordnance Barracks Medical Center Replacement Incr 2 .......................... 127,000 127,000 
1114 

†S 3254 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country 

and Installation Project Title Budget Request 

Senate 

Agreement 

Korea 

TMA Kunsan Air Base Medical/Dental Clinic Addition .................................. 13,000 13,000 

TMA Osan AFB Hospital Addition/Alteration ...................................... 34,600 34,600 

Worldwide Unspec 

DEFW Unspecified Worldwide 

Locations 

Unspecified Minor Construction ................................ 3,000 3,000 

DLA Unspecified Worldwide 

Locations 

Unspecified Minor Construction ................................ 7,254 7,254 

DODEA Unspecified Worldwide 

Locations 

Unspecified Minor Construction ................................ 4,091 4,091 

NSA Unspecified Worldwide 

Locations 

Unspecified Minor Milcon .......................................... 3,000 3,000 

SOCOM Unspecified Worldwide 

Locations 

Unspecified Minor Const ........................................... 10,000 10,000 

TJS Unspecified Worldwide 

Locations 

Exercise Related Minor Construction ........................ 6,440 6,440 

TMA Unspecified Worldwide 

Locations 

Minor Construction .................................................... 5,000 5,000 

DEFW Unspecified Worldwide 

Locations 

Planning and Design ................................................. 47,978 47,978 

DIA Unspecified Worldwide 

Locations 

Planning and Design ................................................. 2,919 2,919 

DLA Unspecified Worldwide 

Locations 

Planning & Design ..................................................... 5,000 5,000 

DODEA Unspecified Worldwide 

Locations 

Planning and Design ................................................. 105,569 105,569 

MDA Unspecified Worldwide 

Locations 

Planning and Design ................................................. 4,548 4,548 

NSA Unspecified Worldwide 

Locations 

Planning and Design ................................................. 8,300 8,300 

SOCOM Unspecified Worldwide 

Locations 

Planning and Design ................................................. 27,620 27,620 

TMA Unspecified Worldwide 

Locations 

Planning and Design ................................................. 105,700 105,700 

WHS Unspecified Worldwide 

Locations 

Planning and Design ................................................. 7,928 7,928 

Milcon,Def-Wide—SUBTOTAL ............................................................................................ 3,654,623 3,435,123 

Services MILCON—TOTAL .................................................................................................. 7,668,131 7,004,217 

MCon,Army 

NG 

Alabama 

ARMY, NG Fort McClellan Live Fire Shoot House .............................................. 5,400 5,400 

Arkansas 

ARMY, NG Searcy Field Maintenance Shop ............................................ 6,800 6,800 

California 

ARMY, NG Fort Irwin Maneuver Area Training & Equipment Site Ph3 ...... 25,000 25,000 

Connecticut 

ARMY, NG Camp Hartell Combined Support Maintenance Shop ...................... 32,000 32,000 

Delaware 

ARMY, NG Bethany Beach Regional Training Institute Ph1 ............................... 5,500 5,500 

Florida 

ARMY, NG Camp Blanding Combined Arms Collective Training Fac ................... 9,000 9,000 

ARMY, NG Miramar Readiness Center ....................................................... 20,000 20,000 

Hawaii 

ARMY, NG Kapolei Army Aviation Support Facility Ph1 ........................ 28,000 28,000 

Idaho 

ARMY, NG Orchard Training 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 Unit Training Equipment Site .................................. 22,000 22,000 

Minnesota 

ARMY, NG Camp Ripley Scout Reconnaissance Range ..................................... 17,000 17,000 

ARMY, NG St Paul Readiness Center ....................................................... 17,000 17,000 

Missouri 

ARMY, NG Fort Leonard Wood Regional Training Institute ....................................... 18,000 18,000 

ARMY, NG Kansas City Readiness Center Add/Alt .......................................... 1,900 1,900 

ARMY, NG Monett Readiness Center Add/Alt .......................................... 820 820 

ARMY, NG Perryville Readiness Center Add/Alt .......................................... 700 700 
1115 

†S 3254 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country 

and Installation Project Title Budget Request 

Senate 

Agreement 

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 

Utah 

ARMY, NG Camp Williams BEQ Facility (Regional Training Institute) ............. 15,000 15,000 

ARMY, NG Camp Williams Regional Training Institute Ph2 ............................... 21,000 21,000 

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 

Guam 

ARMY, NG Barrigada JFHQ Ph4 ................................................................. 8,500 8,500 

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 

Worldwide Unspec 

ARMY, NG Unspecified Worldwide 

Locations 

Unspecified Minor Construction ................................ 15,057 15,057 

ARMY, NG Unspecified Worldwide 

Locations 

Planning and Design ................................................. 26,622 26,622 

MCon,Army NG—Subtotal .................................................................................................... 613,799 613,799 

MCon,Air NG 

California 

AF, NG Fresno Yosemite IAP 

ANG 

F–15 Conversion ........................................................ 11,000 11,000 

Hawaii 

AF, NG Joint Base Pearl Harbor-Hickam TFI—F–22 Combat Apron Addition ........................ 6,500 6,500 

New Mexico 

AF, NG Kirtland AFB Alter Target Intelligence Facility .............................. 8,500 8,500 

Wyoming 

AF, NG Cheyenne Map C–130 Flight Simulator Training Facility ................ 6,486 6,486 

Worldwide Unspec 

AF, NG Various Worldwide Locations Unspecified Minor Construction ................................ 5,900 5,900 

AF, NG Various Worldwide Locations Planning and Design ................................................. 4,000 4,000 

MCon,Air NG—Subtotal ........................................................................................................ 42,386 42,386 

NG MILCON—TOTAL ............................................................................................................ 656,185 656,185 

MCon,A Res 

California 

ARMY, RESERVE Fort Hunter Liggett ORTC ......................................................................... 64,000 64,000 

ARMY, RESERVE Fort Hunter Liggett UPH Barracks ........................................................... 4,300 4,300 

ARMY, RESERVE Tustin Army Reserve Center ................................................. 27,000 27,000 

Illinois 

ARMY, RESERVE Fort Sheridan Army Reserve Center ................................................. 28,000 28,000 

Maryland 

ARMY, RESERVE Aberdeen Proving 

Ground 

Army Reserve Center ................................................. 21,000 21,000 

ARMY, RESERVE Baltimore Add/Alt Army Reserve Center ................................... 10,000 10,000 

Massachusetts 

ARMY, RESERVE Devens Reserve Forces 

Training Area 

Automatic Record Fire Range ................................... 4,800 4,800 

ARMY, RESERVE Devens Reserve Forces 

Training Area 

Combat Pistol/MP Firearms Qualification ................ 3,700 3,700 

Nevada 

ARMY, RESERVE Las Vegas Army Reserve Center/AMSA ..................................... 21,000 21,000 
1116 

†S 3254 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country 

and Installation Project Title Budget Request 

Senate 

Agreement 

New Jersey 

ARMY, RESERVE Joint Base McGuireDix-Lakehurst Automated Infantry Squad Battle Course ................ 7,400 7,400 

Washington 

ARMY, RESERVE Joint Base LewisMcChord Army Reserve Center ................................................. 40,000 40,000 

Wisconsin 

ARMY, RESERVE Fort McCoy Central Issue Facility ................................................ 12,200 12,200 

ARMY, RESERVE Fort McCoy Dining Facility ........................................................... 8,600 8,600 

ARMY, RESERVE Fort McCoy ECS Tactical Equip. Maint. Facility (TEMF) ......... 27,000 27,000 

Worldwide Unspec 

ARMY, RESERVE Unspecified Worldwide 

Locations 

Unspecified Minor Construction ................................ 10,895 10,895 

ARMY, RESERVE Unspecified Worldwide 

Locations 

Planning and Design ................................................. 15,951 15,951 

MCon,A Res—Subtotal ........................................................................................................... 305,846 305,846 

Milcon, Naval 

Res 

Arizona 

NAVY, RESERVE Yuma Reserve Training Facility—Yuma AZ ....................... 5,379 5,379 

Iowa 

NAVY, RESERVE Fort Des Moines Joint Reserve Center—Des Moines IA ...................... 19,162 19,162 

Louisiana 

NAVY, RESERVE New Orleans Transient Quarters .................................................... 7,187 7,187 

New York 

NAVY, RESERVE Brooklyn Vehicle Maint. Fac.—Brooklyn NY ........................... 4,430 4,430 

Texas 

NAVY, RESERVE Fort Worth Commercial Vehicle Inspection Site .......................... 11,256 11,256 

Worldwide Unspec 

NAVY, RESERVE Unspecified Worldwide 

Locations 

Planning and Design ................................................. 2,118 2,118 

Milcon, Naval Res—Subtotal ............................................................................................... 49,532 49,532 

MCon,AF Res 

New York 

AF, RESERVE Niagara Falls IAP Flight Simulator Facility ........................................... 6,100 6,100 

Worldwide Unspec 

AF, RESERVE Various Worldwide Locations Unspecified Minor Construction ................................ 2,000 2,000 

AF, RESERVE Various Worldwide Locations Planning and Design ................................................. 2,879 2,879 

MCon,AF Res—Subtotal ........................................................................................................ 10,979 10,979 

Reserve Milcon—TOTAL ....................................................................................................... 366,357 366,357 

MILCON Major Accounts—TOTAL ................................................................................... 8,690,673 8,026,759 

Chem-Demil 

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 

ChemDemil / NSIP—Total .................................................................................................... 151,000 151,000 

NSIP 

Worldwide Unspec 

NSIP NATO Security Investment Program NATO Security Investment Program ........................ 254,163 254,163 

NATO Security Investment Program ............................................................................... 254,163 254,163 

Army Fam 

Housing 

Worldwide Unspec 

FH Const,A Unspecified Worldwide 

Locations 

Family Housing P&D ................................................ 4,641 4,641 
1117 

†S 3254 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country 

and Installation Project Title Budget Request 

Senate 

Agreement 

Army Fam Hsg Construction—Subtotal ......................................................................... 4,641 4,641 

Worldwide Unspec 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Utilities Account ........................................................ 88,112 88,112 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Services Account ........................................................ 13,487 13,487 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Management Account ................................................ 56,970 56,970 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Miscellaneous Account ............................................... 620 620 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Furnishings Account .................................................. 31,785 31,785 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Leasing ...................................................................... 203,533 203,533 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Maintenance of Real Property ................................... 109,534 109,534 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Privatization Support Costs ...................................... 26,010 26,010 

Army Fam Hsg O&M—Subtotal .......................................................................................... 530,051 530,051 

Army Fam Hsg—TOTAL ........................................................................................................ 534,692 534,692 

Navy Fam 

Housing 

Worldwide Unspec 

FH Const,N Unspecified Worldwide 

Locations 

Improvements ............................................................ 97,655 97,655 

FH Const,N Unspecified Worldwide 

Locations 

Design ........................................................................ 4,527 4,527 

Navy Fam Hsg Construction—Subtotal .......................................................................... 102,182 102,182 

Worldwide Unspec 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Utilities Account ........................................................ 80,860 80,860 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Furnishings Account .................................................. 17,697 17,697 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Management Account ................................................ 62,741 62,741 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Miscellaneous Account ............................................... 491 491 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Services Account ........................................................ 19,615 19,615 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Leasing ...................................................................... 83,774 83,774 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Maintenance of Real Property ................................... 85,254 85,254 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Privatization Support Costs ...................................... 27,798 27,798 

Navy Fam Hsg O&M—Subtotal .......................................................................................... 378,230 378,230 

Navy Fam Hsg—TOTAL ......................................................................................................... 480,412 480,412 

AF Fam Housing 

Worldwide Unspec 

FH Con,AF Unspecified Worldwide 

Locations 

Improvements ............................................................ 79,571 79,571 

FH Con,AF Unspecified Worldwide 

Locations 

Planning and Design ................................................. 4,253 4,253 

AF Fam Hsg Construction—Subtotal ............................................................................... 83,824 83,824 

Worldwide Unspec 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Utilities Account ........................................................ 75,662 75,662 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Management Account ................................................ 55,002 55,002 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Services Account ........................................................ 16,550 16,550 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Furnishings Account .................................................. 37,878 37,878 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Miscellaneous Account ............................................... 1,943 1,943 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Leasing ...................................................................... 62,730 62,730 
1118 

†S 3254 ES

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country 

and Installation Project Title Budget Request 

Senate 

Agreement 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Maintenance (RPMA RPMC) .................................... 201,937 201,937 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Housing Privatization ................................................ 46,127 46,127 

AF Fam Hsg O&M—Subtotal ............................................................................................... 497,829 497,829 

AF Fam Hsg—TOTAL ............................................................................................................. 581,653 581,653 

Def-Wide Fam 

Housing 

Worldwide Unspec 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Utilities Account ........................................................ 283 283 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Utilities Account ........................................................ 12 12 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Furnishings Account .................................................. 4,660 4,660 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Furnishings Account .................................................. 20 20 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Services Account ........................................................ 31 31 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Management Account ................................................ 371 371 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Furnishings Account .................................................. 66 66 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Leasing ...................................................................... 35,333 35,333 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Leasing ...................................................................... 10,822 10,822 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Maintenance of Real Property ................................... 567 567 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Maintenance of Real Property ................................... 73 73 

DefWide Fam Hsg O&M—Subtotal .................................................................................... 52,238 52,238 

DoD FH Imprv 

Fd 

Worldwide Unspec 

DoD FH Imprv 

Fd 

Unspecified Worldwide 

Locations 

Family Housing Improvement Fund ......................... 1,786 1,786 

DoD Fam Hsg Imprv Fd—Subtotal ................................................................................... 1,786 1,786 

FAM HSG—TOTAL .................................................................................................................. 1,650,781 1,650,781 

BRAC IV 

Worldwide Unspec 

BRAC, A Base Realignment & 

Closure, Army 

Base Realignment & Closure ..................................... 79,893 79,893 

BRAC, N Base Realignment & 

Closure, Navy 

Base Realignment & Closure ..................................... 146,951 146,951 

BRAC, AF Base Realignment & 

Closure, AF 

Base Realignment & Closure ..................................... 122,552 122,552 

BRAC IV—TOTAL .................................................................................................................... 349,396 349,396 

2005 BRAC 

ARMY BRAC 

Worldwide Unspec 

BRAC—Army Unspecified Worldwide 

Locations 

USA–121: Fort Gillem, GA ....................................... 4,976 4,976 

BRAC—Army Unspecified Worldwide 

Locations 

USA–222: Fort McPherson, GA ............................... 6,772 6,772 

BRAC—Army Unspecified Worldwide 

Locations 

Program Management Various Locations ................. 20,453 20,453 

BRAC—Army Unspecified Worldwide 

Locations 

USA–223: Fort Monmouth, NJ ................................ 9,989 9,989 

BRAC—Army Unspecified Worldwide 

Locations 

USA–36: Red River Army Depot .............................. 1,385 1,385 

BRAC—Army Unspecified Worldwide 

Locations 

USA–113: Fort Monroe, VA ..................................... 12,184 12,184 

BRAC—Army Unspecified Worldwide 

Locations 

USA–236: RC Transformation in CT ....................... 557 557 

BRAC—Army Unspecified Worldwide 

Locations 

USA–242: RC Transformation in NY ....................... 172 172 

BRAC—Army Unspecified Worldwide 

Locations 

USA–253: RC Transformation in PA ....................... 100 100 

BRAC—Army Unspecified Worldwide 

Locations 

USA–212: USAR Cmd & Cntrl—New England ....... 222 222 
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SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country 

and Installation Project Title Budget Request 

Senate 

Agreement 

BRAC—Army Unspecified Worldwide 

Locations 

USA–167: USAR Command and Control—NE ........ 175 175 

BRAC—Army Unspecified Worldwide 

Locations 

IND–112: River Bank Army Ammo Plant, CA ........ 22,431 22,431 

BRAC—Army Unspecified Worldwide 

Locations 

IND–119: Newport Chemical Depot, IN ................... 197 197 

BRAC—Army Unspecified Worldwide 

Locations 

IND–106: Kansas Army Ammunition Plant, KS ..... 7,280 7,280 

BRAC—Army Unspecified Worldwide 

Locations 

IND–110: Mississippi Army Ammo Plant, MS ......... 160 160 

BRAC—Army Unspecified Worldwide 

Locations 

IND–122: Lone Star Army Ammo Plant, TX .......... 11,379 11,379 

BRAC—Army Unspecified Worldwide 

Locations 

MED–2: Walter Reed NMMC, Bethesda, MD .......... 7,787 7,787 

BRAC—Army—Subtotal ........................................................................................................ 106,219 106,219 

NAVY BRAC 

Worldwide Unspec 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–172: NWS Seal Beach, Concord, CA .............. 2,129 2,129 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–138: NAS Brunswick, ME .............................. 4,897 4,897 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–157: MCSA Kansas City, MO ......................... 39 39 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–84: JRB Willow Grove & Cambria Reg AP .... 189 189 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–168: NS Newport, RI ...................................... 1,742 1,742 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–100: Planning, Design and Management ........ 5,038 5,038 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–101: Various Locations ................................... 4,176 4,176 

BRAC—Navy—Subtotal ......................................................................................................... 18,210 18,210 

AF BRAC 

Worldwide Unspec 

BRAC—Air Force Unspecified Worldwide 

Locations 

Program Management Various Locations ................. 605 605 

BRAC—Air Force Unspecified Worldwide 

Locations 

MED–57: Brooks City Base, TX .............................. 326 326 

BRAC—Air Force Unspecified Worldwide 

Locations 

Comm Add 3: Galena Fol, AK .................................. 1,337 1,337 

BRAC—Air Force—Subtotal ................................................................................................ 2,268 2,268 

BRAC 2005—TOTAL ................................................................................................................ 126,697 126,697 

BRAC IV + BRAC 2005—TOTAL ......................................................................................... 476,093 476,093 

MILCON GRAND TOTAL ...................................................................................................... 11,222,710 10,558,796 
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1 TITLE XLVII—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 PROGRAMS 

4 SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY 

5 PROGRAMS. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Senate 

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 7,602,341 

Defense nuclear nonproliferation .............................................. 2,458,631 2,458,631 

Naval reactors ........................................................................... 1,088,635 1,126,621 

Office of the administrator ....................................................... 411,279 386,279 

Total, National nuclear security administration ......................... 11,535,886 11,573,872 

Environmental and other defense activities: 

Defense environmental cleanup ................................................. 5,472,001 5,009,001 

Other defense activities ............................................................. 735,702 735,702 

Total, Environmental & other defense activities ......................... 6,207,703 5,744,703 

Total, Atomic Energy Defense Activities ......................................... 17,743,589 17,318,575 

Total, Discretionary Funding .............................................................. 17,749,589 17,318,575 

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 ............................................................ 174,931 174,931 

Total, Life extension programs ........................................................... 543,931 543,931 

Stockpile systems 

B61 Stockpile systems ...................................................................... 72,364 72,364 

W76 Stockpile systems ..................................................................... 65,445 90,445 

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 ......................................................................... 590,409 615,409 

Weapons dismantlement and disposition 

Operations and maintenance ............................................................ 51,265 51,265 

Stockpile services 

Production support ........................................................................... 365,405 365,405 

Research and development support .................................................. 28,103 28,103 

R&D certification and safety ............................................................ 191,632 191,632 

Management, technology, and production ........................................ 175,844 175,844 

Plutonium sustainment ..................................................................... 141,685 141,685 

Total, Stockpile services ........................................................................ 902,669 902,669 

Total, Directed stockpile work ............................................................ 2,088,274 2,113,274 
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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Senate 

Authorized 

Campaigns: 

Science campaign 

Advanced certification ....................................................................... 44,104 44,104 

Primary assessment technologies ...................................................... 94,000 94,000 

Dynamic materials properties ........................................................... 97,000 97,000 

Advanced radiography ...................................................................... 30,000 30,000 

Secondary assessment technologies .................................................. 85,000 85,000 

Total, Science campaign ........................................................................ 350,104 350,104 

Engineering campaign 

Enhanced surety ............................................................................... 46,421 46,421 

Weapon systems engineering assessment technology ....................... 18,983 18,983 

Nuclear survivability ......................................................................... 21,788 21,788 

Enhanced surveillance ....................................................................... 63,379 63,379 

Total, Engineering campaign ............................................................... 150,571 150,571 

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 

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 

Nonnuclear readiness ........................................................................ 64,681 64,681 

Tritium readiness .............................................................................. 65,414 65,414 

Total, Readiness campaign ................................................................... 130,095 130,095 

Total, Campaigns ...................................................................................... 1,690,770 1,690,770 

Readiness in technical base and facilities (RTBF) 

Operations of facilities 

Kansas City Plant ..................................................................... 163,602 163,602 

Lawrence Livermore National Laboratory ............................... 89,048 89,048 

Los Alamos National Laboratory ............................................. 335,978 335,978 

Nevada National Security Site .................................................. 115,697 115,697 

Pantex ....................................................................................... 172,020 172,020 

Sandia National Laboratory ..................................................... 167,384 167,384 

Savannah River Site .................................................................. 120,577 120,577 

Y–12 National security complex ............................................... 255,097 255,097 

Total, Operations of facilities .............................................................. 1,419,403 1,419,403 

Science, technology and engineering capability support ........................... 166,945 166,945 

Nuclear operations capability support ...................................................... 203,346 203,346 

Subtotal, Readiness in technical base and facilities .................. 1,789,694 1,789,694 

Construction: 

13–D–301 Electrical infrastructure upgrades, LANL/LLNL ......... 23,000 23,000 

12–D–301 TRU waste facilities, LANL ........................................... 24,204 24,204 

11–D–801 TA–55 Reinvestment project, LANL ............................. 8,889 8,889 

10-D–501 Nuclear facilities risk reduction Y–12 National security 

complex, Oakridge, TN ................................................................. 17,909 17,909 

09–D–404 Test capabilities revitalization II, Sandia National Laboratories, Albuquerque, NM .......................................................... 11,332 11,332 

08–D–802 High explosive pressing facility Pantex Plant, Amarillo, 

TX ................................................................................................. 24,800 24,800 

06–D–141 PED/Construction, UPFY–12, Oak Ridge, TN ............. 340,000 0 

06–D–141 PED/Construction, UPFY–12, Phase I, Oak Ridge, TN 0 340,000 

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 
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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Senate 

Authorized 

Nuclear counterterrorism incident response .................................................... 247,552 247,552 

Site stewardship 

Operations and maintenance .................................................................... 90,001 90,001 

Total, Site stewardship ........................................................................... 90,001 90,001 

Defense nuclear security 

Operations and maintenance .................................................................... 643,285 643,285 

NNSA CIO activities ........................................................................................ 155,022 155,022 

Legacy contractor pensions .............................................................................. 185,000 185,000 

National security applications .......................................................................... 18,248 18,248 

Subtotal, Weapons activities ................................................................ 7,577,341 7,602,341 

Total, Weapons Activities ...................................................................... 7,577,341 7,602,341 

Defense Nuclear Nonproliferation 

Nonproliferation and verification R&D 

Operations and maintenance .................................................................... 398,186 398,186 

Domestic Enrichment R&D .................................................................... 150,000 150,000 

Subtotal, Nonproliferation and verification R&D ...................... 548,186 548,186 

Nonproliferation and international security ................................. 150,119 150,119 

International nuclear materials protection and cooperation 311,000 311,000 

Fissile materials disposition 

U.S. surplus fissile materials disposition 

Operations and maintenance 

U.S. plutonium disposition ........................................................ 498,979 498,979 

U.S. uranium disposition .......................................................... 29,736 29,736 

Total, Operations and maintenance .................................................. 528,715 528,715 

Construction: 

99–D–143 Mixed oxide fuel fabrication facility, Savannah 

River, SC ............................................................................... 388,802 388,802 

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 ..................................................................... 466,021 466,021 

Legacy contractor pensions .............................................................................. 62,000 62,000 

Subtotal, Defense Nuclear Nonproliferation ................................. 2,458,631 2,458,631 

Total, Defense Nuclear Nonproliferation ........................................ 2,458,631 2,458,631 

Naval Reactors 

Naval reactors development ............................................................................. 418,072 418,072 

Ohio replacement reactor systems development ............................................... 89,700 127,686 

S8G Prototype refueling .................................................................................. 121,100 121,100 

Naval reactors operations and infrastructure .................................................. 366,961 366,961 

Construction: 

13–D–905 Remote-handled low-level waste facility, INL ........................ 8,890 8,890 

13–D–904 KS Radiological work and storage building, KSO ................. 2,000 2,000 

13–D–903, KS Prototype Staff Building, KSO ....................................... 14,000 14,000 

10-D–903, Security upgrades, KAPL ...................................................... 19,000 19,000 

08–D–190 Expended Core Facility M–290 recovering discharge station,Naval Reactor Facility, ID ............................................................ 5,700 5,700 

Total, Construction .................................................................................. 49,590 49,590 

Program direction ............................................................................................ 43,212 43,212 

Subtotal, Naval Reactors ....................................................................... 1,088,635 1,126,621 

Total, Naval Reactors .............................................................................. 1,088,635 1,126,621 
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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Senate 

Authorized 

Office Of The Administrator 

Office of the administrator ............................................................................... 411,279 386,279 

Total, Office Of The Administrator .................................................... 411,279 386,279 

Defense Environmental Cleanup 

Closure sites: 

Closure sites administration ..................................................................... 1,990 1,990 

Hanford site: 

River corridor and other cleanup operations ............................................ 389,347 389,347 

Central plateau remediation ..................................................................... 558,820 558,820 

Richland community and regulatory support ........................................... 15,156 15,156 

Total, Hanford site ................................................................................... 963,323 963,323 

Idaho National Laboratory: 

Idaho cleanup and waste disposition ........................................................ 396,607 396,607 

Idaho community and regulatory support ................................................ 3,000 3,000 

Total, Idaho National Laboratory ...................................................... 399,607 399,607 

NNSA sites 

Lawrence Livermore National Laboratory ............................................... 1,484 1,484 

Nuclear facility D&D Separations Process Research Unit ...................... 24,000 24,000 

Nevada ...................................................................................................... 64,641 64,641 

Sandia National Laboratories .................................................................. 5,000 5,000 

Los Alamos National Laboratory ............................................................. 239,143 239,143 

Total, NNSA sites and Nevada off-sites ............................................ 334,268 334,268 

Oak Ridge Reservation: 

Building 3019 ........................................................................................... 67,525 67,525 

OR cleanup and disposition ...................................................................... 109,470 109,470 

OR reservation community and regulatory support ................................. 4,500 4,500 

Total, Oak Ridge Reservation .............................................................. 181,495 181,495 

Office of River Protection: 

Waste treatment and immobilization plant 

01–D–416 A–E/ORP–0060/Major construction ............................... 690,000 690,000 

Tank farm activities 

Rad liquid tank waste stabilization and disposition ......................... 482,113 482,113 

Total, Office of River protection ......................................................... 1,172,113 1,172,113 

Savannah River sites: 

Savannah River risk management operations .......................................... 444,089 444,089 

SR community and regulatory support .................................................... 16,584 16,584 

Radioactive liquid tank waste: 

Radioactive liquid tank waste stabilization and disposition ............. 698,294 698,294 

Construction: 

05–D–405 Salt waste processing facility, Savannah River ...... 22,549 22,549 

Total, Radioactive liquid tank waste ................................................ 720,843 720,843 

Total, Savannah River site .................................................................... 1,181,516 1,181,516 

Waste Isolation Pilot Plant 

Waste isolation pilot plant ........................................................................ 198,010 198,010 

Total, Waste Isolation Pilot Plant ...................................................... 198,010 198,010 

Program direction ............................................................................................ 323,504 323,504 

Program support .............................................................................................. 18,279 18,279 

Safeguards and Security: 

Oak Ridge Reservation ............................................................................. 18,817 18,817 

Paducah .................................................................................................... 8,909 8,909 

Portsmouth ............................................................................................... 8,578 8,578 

Richland/Hanford Site .............................................................................. 71,746 71,746 

Savannah River Site ................................................................................. 121,977 121,977 

Waste Isolation Pilot Project ................................................................... 4,977 4,977 

West Valley ............................................................................................... 2,015 2,015 

Total, Safeguards and Security ........................................................... 237,019 237,019 
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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Senate 

Authorized 

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 

Total, Adjustments ................................................................................... –22,123 –22,123 

Total, Defense Environmental Cleanup ........................................... 5,472,001 5,009,001 

Other Defense Activities 

Health, safety and security 

Health, safety and security ...................................................................... 139,325 139,325 

Program direction ..................................................................................... 106,175 106,175 

Total, Health, safety and security ...................................................... 245,500 245,500 

Specialized security activities ........................................................................... 188,619 188,619 

Office of Legacy Management 

Legacy management ................................................................................. 164,477 164,477 

Program direction ..................................................................................... 13,469 13,469 

Total, Office of Legacy Management ................................................. 177,946 177,946 

Defense-related activities 

Defense related administrative support ........................................................... 118,836 118,836 

Office of hearings and appeals ......................................................................... 4,801 4,801 

Subtotal, Other defense activities ...................................................... 735,702 735,702 

Total, Other Defense Activities ........................................................... 735,702 735,702 
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1 DIVISION E—HOUSING 

2 ASSISTANCE FOR VETERANS 

3 TITLE L—HOUSING ASSISTANCE 

4 FOR VETERANS 

5 SEC. 5001. SHORT TITLE. 

6 This division may be cited as the ‘‘Housing Assist7 ance for Veterans Act of 2012’’ or the ‘‘HAVEN Act’’. 

8 SEC. 5002. DEFINITIONS. 

9 In this division: 

10 (1) DISABLED.—The term ‘‘disabled’’ means an 

11 individual with a disability, as defined by section 

12 12102 of title 42, United States Code. 

13 (2) ELIGIBLE VETERAN.—The term ‘‘eligible 

14 veteran’’ means a disabled or low-income veteran. 

15 (3) ENERGY EFFICIENT FEATURES OR EQUIP16 MENT.—The term ‘‘energy efficient features or 

17 equipment’’ means features of, or equipment in, a 

18 primary residence that help reduce the amount of 

19 electricity used to heat, cool, or ventilate such resi20 dence, including insulation, weatherstripping, air 

21 sealing, heating system repairs, duct sealing, or 

22 other measures. 

23 (4) LOW-INCOME VETERAN.—The term ‘‘low-in24 come veteran’’ means a veteran whose income does 
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†S 3254 ES

1 not exceed 80 percent of the median income for an 

2 area, as determined by the Secretary. 

3 (5) NONPROFIT ORGANIZATION.—The term 

4 ‘‘nonprofit organization’’ means an organization that 

5 is— 

6 (A) described in section 501(c)(3) or 

7 501(c)(19) of the Internal Revenue Code of 

8 1986; and 

9 (B) exempt from tax under section 501(a) 

10 of such Code. 

11 (6) PRIMARY RESIDENCE.— 

12 (A) IN GENERAL.—The term ‘‘primary res13 idence’’ means a single family house, a duplex, 

14 or a unit within a multiple-dwelling structure 

15 that is an eligible veteran’s principal dwelling 

16 and is owned by such veteran or a family mem17 ber of such veteran. 

18 (B) FAMILY MEMBER DEFINED.—For pur19 poses of this paragraph, the term ‘‘family mem20 ber’’ includes— 

21 (i) a spouse, child, grandchild, parent, 

22 or sibling; 

23 (ii) a spouse of such a child, grand24 child, parent, or sibling; or 
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1 (iii) any individual related by blood or 

2 affinity whose close association with a vet3 eran is the equivalent of a family relation4 ship. 

5 (7) QUALIFIED ORGANIZATION.—The term 

6 ‘‘qualified organization’’ means a nonprofit organiza7 tion that provides nationwide or State-wide pro8 grams that primarily serve veterans or low-income 

9 individuals. 

10 (8) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Housing and Urban Development. 

12 (9) VETERAN.—The term ‘‘veteran’’ has the 

13 same meaning as given such term in section 101 of 

14 title 38, United States Code. 

15 (10) VETERANS SERVICE ORGANIZATION.—The 

16 term ‘‘veterans service organization’’ means any or17 ganization recognized by the Secretary of Veterans 

18 Affairs for the representation of veterans under sec19 tion 5902 of title 38, United States Code. 

20 SEC. 5003. ESTABLISHMENT OF A PILOT PROGRAM. 

21 (a) GRANT.— 

22 (1) IN GENERAL.—The Secretary shall establish 

23 a pilot program to award grants to qualified organi24 zations to rehabilitate and modify the primary resi25 dence of eligible veterans. 
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†S 3254 ES

1 (2) COORDINATION.—The Secretary shall work 

2 in conjunction with the Secretary of Veterans Af3 fairs to establish and oversee the pilot program and 

4 to ensure that such program meets the needs of eli5 gible veterans. 

6 (3) MAXIMUM GRANT.—A grant award under 

7 the pilot program to any one qualified organization 

8 shall not exceed $1,000,000 in any one fiscal year, 

9 and such an award shall remain available until ex10 pended by such organization. 

11 (b) APPLICATION.— 

12 (1) IN GENERAL.—Each qualified organization 

13 that desires a grant under the pilot program shall 

14 submit an application to the Secretary at such time, 

15 in such manner, and, in addition to the information 

16 required under paragraph (2), accompanied by such 

17 information as the Secretary may reasonably re18 quire. 

19 (2) CONTENTS.—Each application submitted 

20 under paragraph (1) shall include— 

21 (A) a plan of action detailing outreach ini22 tiatives; 

23 (B) the approximate number of veterans 

24 the qualified organization intends to serve using 

25 grant funds; 
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†S 3254 ES

1 (C) a description of the type of work that 

2 will be conducted, such as interior home modi3 fications, energy efficiency improvements, and 

4 other similar categories of work; and 

5 (D) a plan for working with the Depart6 ment of Veterans Affairs and veterans service 

7 organizations to identify veterans and serve 

8 their needs. 

9 (3) PREFERENCES.—In awarding grants under 

10 the pilot program, the Secretary shall give pref11 erence to a qualified organization— 

12 (A) with experience in providing housing 

13 rehabilitation and modification services for dis14 abled veterans; or 

15 (B) that proposes to provide housing reha16 bilitation and modification services for eligible 

17 veterans who live in rural areas (the Secretary, 

18 through regulations, shall define the term 

19 ‘‘rural areas’’). 

20 (c) CRITERIA.—In order to receive a grant award 

21 under the pilot program, a qualified organization shall 

22 meet the following criteria: 

23 (1) Demonstrate expertise in providing housing 

24 rehabilitation and modification services for disabled 

25 or low-income individuals for the purpose of making 
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1 the homes of such individuals accessible, functional, 

2 and safe for such individuals. 

3 (2) Have established outreach initiatives that— 

4 (A) would engage eligible veterans and vet5 erans service organizations in projects utilizing 

6 grant funds under the pilot program; and 

7 (B) identify eligible veterans and their 

8 families and enlist veterans involved in skilled 

9 trades, such as carpentry, roofing, plumbing, or 

10 HVAC work. 

11 (3) Have an established nationwide or State12 wide network of affiliates that are— 

13 (A) nonprofit organizations; and 

14 (B) able to provide housing rehabilitation 

15 and modification services for eligible veterans. 

16 (4) Have experience in successfully carrying out 

17 the accountability and reporting requirements in18 volved in the proper administration of grant funds, 

19 including funds provided by private entities or Fed20 eral, State, or local government entities. 

21 (d) USE OF FUNDS.—A grant award under the pilot 

22 program shall be used— 

23 (1) to modify and rehabilitate the primary resi24 dence of an eligible veteran, and may include— 
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1 (A) installing wheelchair ramps, widening 

2 exterior and interior doors, reconfigurating and 

3 re-equipping bathrooms (which includes install4 ing new fixtures and grab bars), removing door5 way thresholds, installing special lighting, add6 ing additional electrical outlets and electrical 

7 service, and installing appropriate floor cov8 erings to— 

9 (i) accommodate the functional limita10 tions that result from having a disability; 

11 or 

12 (ii) if such residence does not have 

13 modifications necessary to reduce the 

14 chances that an elderly, but not disabled 

15 person, will fall in their home, reduce the 

16 risks of such an elderly person from fall17 ing; 

18 (B) rehabilitating such residence that is in 

19 a state of interior or exterior disrepair; and 

20 (C) installing energy efficient features or 

21 equipment if— 

22 (i) an eligible veteran’s monthly utility 

23 costs for such residence is more than 5 

24 percent of such veteran’s monthly income; 

25 and 
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1 (ii) an energy audit of such residence 

2 indicates that the installation of energy ef3 ficient features or equipment will reduce 

4 such costs by 10 percent or more; 

5 (2) in connection with modification and reha6 bilitation services provided under the pilot program, 

7 to provide technical, administrative, and training 

8 support to an affiliate of a qualified organization re9 ceiving a grant under such pilot program; and 

10 (3) for other purposes as the Secretary may 

11 prescribe through regulations. 

12 (e) OVERSIGHT.—The Secretary shall direct the over13 sight of the grant funds for the pilot program so that such 

14 funds are used efficiently until expended to fulfill the pur15 pose of addressing the adaptive housing needs of eligible 

16 veterans. 

17 (f) MATCHING FUNDS.— 

18 (1) IN GENERAL.—A qualified organization re19 ceiving a grant under the pilot program shall con20 tribute towards the housing modification and reha21 bilitation services provided to eligible veterans an 

22 amount equal to not less than 50 percent of the 

23 grant award received by such organization. 
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1 (2) IN-KIND CONTRIBUTIONS.—In order to 

2 meet the requirement under paragraph (1), such or3 ganization may arrange for in-kind contributions. 

4 (g) LIMITATION COST TO THE VETERANS.—A quali5 fied organization receiving a grant under the pilot pro6 gram shall modify or rehabilitate the primary residence 

7 of an eligible veteran at no cost to such veteran (including 

8 application fees) or at a cost such that such veteran pays 

9 no more than 30 percent of his or her income in housing 

10 costs during any month. 

11 (h) REPORTS.— 

12 (1) ANNUAL REPORT.—The Secretary shall 

13 submit to Congress, on an annual basis, a report 

14 that provides, with respect to the year for which 

15 such report is written— 

16 (A) the number of eligible veterans pro17 vided assistance under the pilot program; 

18 (B) the socioeconomic characteristics of 

19 such veterans, including their gender, age, race, 

20 and ethnicity; 

21 (C) the total number, types, and locations 

22 of entities contracted under such program to 

23 administer the grant funding; 

24 (D) the amount of matching funds and in25 kind contributions raised with each grant; 
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1 (E) a description of the housing rehabilita2 tion and modification services provided, costs 

3 saved, and actions taken under such program; 

4 (F) a description of the outreach initiatives 

5 implemented by the Secretary to educate the 

6 general public and eligible entities about such 

7 program; 

8 (G) a description of the outreach initiatives 

9 instituted by grant recipients to engage eligible 

10 veterans and veteran service organizations in 

11 projects utilizing grant funds under such pro12 gram; 

13 (H) a description of the outreach initia14 tives instituted by grant recipients to identify 

15 eligible veterans and their families; and 

16 (I) any other information that the Sec17 retary considers relevant in assessing such pro18 gram. 

19 (2) FINAL REPORT.—Not later than 6 months 

20 after the completion of the pilot program, the Sec21 retary shall submit to Congress a report that pro22 vides such information that the Secretary considers 

23 relevant in assessing the pilot program. 

24 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated for carrying out this di-
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1 vision $4,000,000 for each of fiscal years 2013 through 

2 2017. 

3 DIVISION F—STOLEN VALOR ACT 

4 TITLE LI—STOLEN VALOR ACT 

5 SEC. 5011. SHORT TITLE. 

6 This division may be cited as the ‘‘Stolen Valor Act 

7 of 2012’’. 

8 SEC. 5012. FINDINGS. 

9 Congress find the following: 

10 (1) Because of the great respect in which mili11 tary service and military awards are rightfully held 

12 by the public, false claims of receiving such medals 

13 or serving in the military are especially likely to be 

14 harmful and material to employers, voters in decid15 ing to whom paid elective positions should be en16 trusted, and in the award of contracts. 

17 (2) Military service and military awards are 

18 held in such great respect that public and private 

19 decisions are correctly influenced by claims of her20 oism. 

21 (3) False claims of military service or military 

22 heroism are an especially noxious means of obtaining 

23 something of value because they are particularly 

24 likely to cause tangible harm to victims of fraud. 
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1 (4) False claims of military service or the re2 ceipt of military awards, if believed, are especially 

3 likely to dispose people favorably toward the speak4 er. 

5 (5) False claims of military service or the re6 ceipt of military awards are particularly likely to be 

7 material and cause people to part with money or 

8 property. Even if such claims are unsuccessful in 

9 bringing about this result, they still constitute at10 tempted fraud. 

11 (6) False claims of military service or the re12 ceipt of military awards that are made to secure ap13 pointment to the board of an organization are likely 

14 to cause harm to such organization through their ob15 taining the services of an individual who does not 

16 bring to that organization what he or she claims, 

17 and whose falsehood, if discovered, would cause the 

18 organization’s donors concern that the organization’s 

19 board might not manage money honestly. 

20 (7) The easily verifiable nature of false claims 

21 regarding military service or the receipt of military 

22 awards, the relative infrequency of such claims, and 

23 the fact that false claims of having served in the 

24 military or received such awards are rightfully con25 demned across the political spectrum, it is especially 
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1 likely that any law prohibiting such false claims 

2 would not be enforced selectively. 

3 (8) Congress may make criminal the false claim 

4 of military service or the receipt of military awards 

5 based on its powers under article I, section 8, clause 

6 2 of the Constitution of the United States, to raise 

7 and support armies, and article I, section 8, clause 

8 18 of the Constitution of the United States, to enact 

9 necessary and proper measures to carry into execu10 tion that power. 

11 SEC. 5013. MILITARY MEDALS OR DECORATIONS. 

12 Section 704 of title 18, United States Code, is 

13 amended to read as follows: 

14 ‘‘§ 704. Military medals or decorations 

15 ‘‘(a) IN GENERAL.—Whoever knowingly purchases, 

16 attempts to purchase, solicits for purchase, mails, ships, 

17 imports, exports, produces blank certificates of receipt for, 

18 manufactures, sells, attempts to sell, advertises for sale, 

19 trades, barters, or exchanges for anything of value any 

20 decoration or medal authorized by Congress for the Armed 

21 Forces of the United States, or any of the service medals 

22 or badges awarded to the members of such forces, or the 

23 ribbon, button, or rosette of any such badge, decoration, 

24 or medal, or any colorable imitation thereof, except when 

25 authorized under regulations made pursuant to law, shall 
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1 be fined under this title, imprisoned for not more than 

2 6 months, or both. 

3 ‘‘(b) FALSE CLAIMS TO THE RECEIPT OF MILITARY

4 DECORATIONS, MEDALS, OR RIBBONS AND FALSE

5 CLAIMS RELATING TO MILITARY SERVICE IN ORDER TO

6 SECURE A TANGIBLE BENEFIT OR PERSONAL GAIN.— 

7 ‘‘(1) IN GENERAL.—Whoever, with the intent of 

8 securing a tangible benefit or personal gain, know9 ingly, falsely, and materially represents himself or 

10 herself through any written or oral communication 

11 (including a resume) to have served in the Armed 

12 Forces of the United States or to have been awarded 

13 any decoration, medal, ribbon, or other device au14 thorized by Congress or pursuant to Federal law for 

15 the Armed Forces of the United States, shall be 

16 fined under this title, imprisoned for not more than 

17 6 months, or both. 

18 ‘‘(2) TANGIBLE BENEFIT OR PERSONAL GAIN.— 

19 For purposes of this subsection, the term ‘tangible 

20 benefit or personal gain’ includes— 

21 ‘‘(A) a benefit relating to military service 

22 provided by the Federal Government or a State 

23 or local government; 

24 ‘‘(B) public or private employment; 

25 ‘‘(C) financial remuneration; 
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1 ‘‘(D) an effect on the outcome of a crimi2 nal or civil court proceeding; 

3 ‘‘(E) election of the speaker to paying of4 fice; and 

5 ‘‘(F) appointment to a board or leadership 

6 position of a non-profit organization. 

7 ‘‘(c) DEFINITION.—In this section, the term ‘Armed 

8 Forces of the United States’ means the Army, Navy, Air 

9 Force, Marine Corps, and Coast Guard, including the re10 serve components named in section 10101 of title 10.’’. 

11 SEC. 5014. SEVERABILITY. 

12 If any provision of this division, any amendment 

13 made by this division, or the application of such provision 

14 or amendment to any person or circumstance is held to 

15 be unconstitutional, the remainder of the provisions of this 

16 division, the amendments made by this division, and the 

17 application of such provisions or amendments to any per18 son or circumstance shall not be affected. 

19 DIVISION G—MISCELLANEOUS 

20 TITLE LII—MISCELLANEOUS 

21 SEC. 5021. PUBLIC SAFETY OFFICERS’ BENEFITS PROGRAM. 

22 (a) SHORT TITLE.—This section may be cited as the 

23 ‘‘Dale Long Public Safety Officers’ Benefits Improve24 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 (aa) by striking ‘‘, to such 

6 officer’’; 

7 (V) by striking ‘‘the total’’ and 

8 all that follows through ‘‘For’’ and in9 serting ‘‘for’’; and 

10 (VI) 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 

24 line of duty’’ and inserting ‘‘who have sus-
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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) TECHNICAL AND CONFORMING AMEND4 MENT.—Section 402(l)(4)(C) of the Internal Rev5 enue Code of 1986 is amended— 

6 (A) by striking ‘‘section 1204(9)(A)’’ and 

7 inserting ‘‘section 1204(10)(A)’’; and 

8 (B) by striking ‘‘42 U.S.C. 3796b(9)(A)’’ 

9 and inserting ‘‘42 U.S.C. 3796b(10)(A)’’. 

10 (c) AUTHORIZATION OF APPROPRIATIONS; DETER11 MINATIONS; APPEALS.—The matter under the heading 

12 ‘‘PUBLIC SAFETY OFFICERS BENEFITS’’ under the heading 

13 ‘‘OFFICE OF JUSTICE PROGRAMS’’ under title II of divi14 sion B of the Consolidated Appropriations Act, 2008 

15 (Public Law 110–161; 121 Stat. 1912; 42 U.S.C. 3796c– 

16 2) is amended— 

17 (1) by striking ‘‘decisions’’ and inserting ‘‘de18 terminations’’; 

19 (2) by striking ‘‘(including those, and any re20 lated matters, pending)’’; and 

21 (3) by striking the period at the end and insert22 ing the following: ‘‘: Provided further, That, on and 

23 after the date of enactment of the Public Safety Of24 ficers’ Benefits Improvements Act of 2012, as to 

25 each such statute— 
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1 ‘‘(1) the provisions of section 1001(a)(4) of 

2 such title I (42 U.S.C. 3793(a)(4)) shall apply; 

3 ‘‘(2) payment (other than payment made pursu4 ant to section 611 of the Uniting and Strengthening 

5 America by Providing Appropriate Tools Required to 

6 Intercept and Obstruct Terrorism Act of 2001 (42 

7 U.S.C. 3796c–1)) shall be made only upon a deter8 mination by the Bureau that the facts legally war9 rant the payment; 

10 ‘‘(3) any reference to section 1202 of such title 

11 I shall be deemed to be a reference to paragraphs 

12 (2) and (3) of such section 1202; and 

13 ‘‘(4) a certification submitted under any such 

14 statute (other than a certification submitted pursu15 ant to section 611 of the Uniting and Strengthening 

16 America by Providing Appropriate Tools Required to 

17 Intercept and Obstruct Terrorism Act of 2001 (42 

18 U.S.C. 3796c–1)) may be accepted by the Bureau as 

19 prima facie evidence of the facts asserted in the cer20 tification: 

21 Provided further, That, on and after the date of enactment 

22 of the Public Safety Officers’ Benefits Improvements Act 

23 of 2012, no appeal shall bring any final determination of 

24 the Bureau before any court for review unless notice of 

25 appeal is filed (within the time specified herein and in the 
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1 manner prescribed for appeal to United States courts of 

2 appeals from United States district courts) not later than 

3 90 days after the date on which the Bureau serves notice 

4 of the final determination: Provided further, That any reg5 ulations promulgated by the Bureau under such part (or 

6 any such statute) before, on, or after the date of enact7 ment of the Public Safety Officers’ Benefits Improvements 

8 Act of 2012 shall apply to any matter pending on, or filed 

9 or accruing after, the effective date specified in the regula10 tions.’’. 

11 (d) EFFECTIVE DATE.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (1), the amendments made by this section 

14 shall— 

15 (A) take effect on the date of enactment of 

16 this Act; and 

17 (B) apply to any matter pending, before 

18 the Bureau of Justice Assistance or otherwise, 

19 on the date of enactment of this Act, or filed 

20 or accruing after that date. 

21 (2) EXCEPTIONS.— 

22 (A) RESCUE SQUADS AND AMBULANCE

23 CREWS.—For a member of a rescue squad or 

24 ambulance crew (as defined in section 1204(7) 

25 of title I of the Omnibus Crime Control and 
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1 Safe Streets Act of 1968, as amended by this 

2 section), the amendments made by this Act 

3 shall apply to injuries sustained on or after 

4 June 1, 2009. 

5 (B) HEART ATTACKS, STROKES, AND VAS6 CULAR RUPTURES.—Section 1201(k) of title I 

7 of the Omnibus Crime Control and Safe Streets 

8 Act of 1968, as amended by this section, shall 

9 apply to heart attacks, strokes, and vascular 

10 ruptures sustained on or after December 15, 

11 2003. 

12 SEC. 5022. SCIENTIFIC FRAMEWORK FOR RECALCITRANT 

13 CANCERS. 

14 Subpart 1 of part C of title IV of the Public Health 

15 Service Act (42 U.S.C. 285 et seq.) is amended by adding 

16 at the end the following: 

17 ‘‘SEC. 417G. SCIENTIFIC FRAMEWORK FOR RECALCITRANT 

18 CANCERS. 

19 ‘‘(a) DEVELOPMENT OF SCIENTIFIC FRAMEWORK.— 

20 ‘‘(1) IN GENERAL.—For each recalcitrant can21 cer identified under subsection (b), the Director of 

22 the Institute shall develop (in accordance with sub23 section (c)) a scientific framework for the conduct or 

24 support of research on such cancer. 
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1 ‘‘(2) CONTENTS.—The scientific framework 

2 with respect to a recalcitrant cancer shall include the 

3 following: 

4 ‘‘(A) CURRENT STATUS.— 

5 ‘‘(i) REVIEW OF LITERATURE.—A 

6 summary of findings from the current lit7 erature in the areas of— 

8 ‘‘(I) the prevention, diagnosis, 

9 and treatment of such cancer; 

10 ‘‘(II) the fundamental biologic 

11 processes that regulate such cancer 

12 (including similarities and differences 

13 of such processes from the biological 

14 processes that regulate other cancers); 

15 and 

16 ‘‘(III) the epidemiology of such 

17 cancer. 

18 ‘‘(ii) SCIENTIFIC ADVANCES.—The 

19 identification of relevant emerging sci20 entific areas and promising scientific ad21 vances in basic, translational, and clinical 

22 science relating to the areas described in 

23 subclauses (I) and (II) of clause (i). 

24 ‘‘(iii) RESEARCHERS.—A description 

25 of the availability of qualified individuals 
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1 to conduct scientific research in the areas 

2 described in clause (i). 

3 ‘‘(iv) COORDINATED RESEARCH INI4 TIATIVES.—The identification of the types 

5 of initiatives and partnerships for the co6 ordination of intramural and extramural 

7 research of the Institute in the areas de8 scribed in clause (i) with research of the 

9 relevant national research institutes, Fed10 eral agencies, and non-Federal public and 

11 private entities in such areas. 

12 ‘‘(v) RESEARCH RESOURCES.—The 

13 identification of public and private re14 sources, such as patient registries and tis15 sue banks, that are available to facilitate 

16 research relating to each of the areas de17 scribed in clause (i). 

18 ‘‘(B) IDENTIFICATION OF RESEARCH

19 QUESTIONS.—The identification of research 

20 questions relating to basic, translational, and 

21 clinical science in the areas described in sub22 clauses (I) and (II) of subparagraph (A)(i) that 

23 have not been adequately addressed with re24 spect to such recalcitrant cancer. 
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1 ‘‘(C) RECOMMENDATIONS.—Recommenda2 tions for appropriate actions that should be 

3 taken to advance research in the areas de4 scribed in subparagraph (A)(i) and to address 

5 the research questions identified in subpara6 graph (B), as well as for appropriate bench7 marks to measure progress on achieving such 

8 actions, including the following: 

9 ‘‘(i) RESEARCHERS.—Ensuring ade10 quate availability of qualified individuals 

11 described in subparagraph (A)(iii). 

12 ‘‘(ii) COORDINATED RESEARCH INI13 TIATIVES.—Promoting and developing ini14 tiatives and partnerships described in sub15 paragraph (A)(iv). 

16 ‘‘(iii) RESEARCH RESOURCES.—Devel17 oping additional public and private re18 sources described in subparagraph (A)(v) 

19 and strengthening existing resources. 

20 ‘‘(3) TIMING.— 

21 ‘‘(A) INITIAL DEVELOPMENT AND SUBSE22 QUENT UPDATE.—For each recalcitrant cancer 

23 identified under subsection (b)(1), the Director 

24 of the Institute shall— 
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1 ‘‘(i) develop a scientific framework 

2 under this subsection not later than 18 

3 months after the date of the enactment of 

4 this section; and 

5 ‘‘(ii) review and update the scientific 

6 framework not later than 5 years after its 

7 initial development. 

8 ‘‘(B) OTHER UPDATES.—The Director of 

9 the Institute may review and update each sci10 entific framework developed under this sub11 section as necessary. 

12 ‘‘(4) PUBLIC NOTICE.—With respect to each 

13 scientific framework developed under subsection (a), 

14 not later than 30 days after the date of completion 

15 of the framework, the Director of the Institute 

16 shall— 

17 ‘‘(A) submit such framework to the Com18 mittee on Energy and Commerce and Com19 mittee on Appropriations of the House of Rep20 resentatives, and the Committee on Health, 

21 Education, Labor, and Pensions and Committee 

22 on Appropriations of the Senate; and 

23 ‘‘(B) make such framework publically 

24 available on the Internet website of the Depart25 ment of Health and Human Services. 
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1 ‘‘(b) IDENTIFICATION OF RECALCITRANT CANCER.— 

2 ‘‘(1) IN GENERAL.—Not later than 6 months 

3 after the date of the enactment of this section, the 

4 Director of the Institute shall identify two or more 

5 recalcitrant cancers that each— 

6 ‘‘(A) have a 5-year relative survival rate of 

7 less than 20 percent; and 

8 ‘‘(B) are estimated to cause the death of at 

9 least 30,000 individuals in the United States 

10 per year. 

11 ‘‘(2) ADDITIONAL CANCERS.—The Director of 

12 the Institute may, at any time, identify other recal13 citrant cancers for purposes of this section. In iden14 tifying a recalcitrant cancer pursuant to the previous 

15 sentence, the Director may consider additional 

16 metrics of progress (such as incidence and mortality 

17 rates) against such type of cancer. 

18 ‘‘(c) WORKING GROUPS.—For each recalcitrant can19 cer identified under subsection (b), the Director of the In20 stitute shall convene a working group comprised of rep21 resentatives of appropriate Federal agencies and other 

22 non-Federal entities to provide expertise on, and assist in 

23 developing, a scientific framework under subsection (a). 

24 The Director of the Institute (or the Director’s designee) 
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1 shall participate in the meetings of each such working 

2 group. 

3 ‘‘(d) REPORTING.— 

4 ‘‘(1) BIENNIAL REPORTS.—The Director of 

5 NIH shall ensure that each biennial report under 

6 section 403 includes information on actions under7 taken to carry out each scientific framework devel8 oped under subsection (a) with respect to a recal9 citrant cancer, including the following: 

10 ‘‘(A) Information on research grants 

11 awarded by the National Institutes of Health 

12 for research relating to such cancer. 

13 ‘‘(B) An assessment of the progress made 

14 in improving outcomes (including relative sur15 vival rates) for individuals diagnosed with such 

16 cancer. 

17 ‘‘(C) An update on activities pertaining to 

18 such cancer under the authority of section 

19 413(b)(7). 

20 ‘‘(2) ADDITIONAL ONE-TIME REPORT FOR CER21 TAIN FRAMEWORKS.—For each recalcitrant cancer 

22 identified under subsection (b)(1), the Director of 

23 the Institute shall, not later than 6 years after the 

24 initial development of a scientific framework under 

25 subsection (a), submit a report to the Congress on 
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1 the effectiveness of the framework (including the up2 date required by subsection (a)(3)(A)(ii)) in improv3 ing the prevention, detection, diagnosis, and treat4 ment of such cancer. 

5 ‘‘(e) RECOMMENDATIONS FOR EXCEPTION FUND6 ING.—The Director of the Institute shall consider each 

7 relevant scientific framework developed under subsection 

8 (a) when making recommendations for exception funding 

9 for grant applications. 

10 ‘‘(f) DEFINITION.—In this section, the term ‘recal11 citrant cancer’ means a cancer for which the five-year rel12 ative survival rate is below 50 percent.’’. 

13 SEC. 5023. UNITED STATES ADVISORY COMMISSION ON 

14 PUBLIC DIPLOMACY. 

15 (a) TECHNICAL AMENDMENT.—Section 604(a) of the 

16 United States Information and Educational Exchange Act 

17 of 1948 (22 U.S.C. 1469(a)) is amended by inserting ‘‘(re18 ferred to in this section as the ‘Commission’)’’ before the 

19 period at the end. 

20 (b) DUTIES AND RESPONSIBILITIES.—Section 604(c) 

21 of such Act is amended to read as follows: 

22 ‘‘(c) DUTIES AND RESPONSIBILITIES.—The Commis23 sion shall appraise United States Government activities in24 tended to understand, inform, and influence foreign 

25 publics. The activities described in this subsection shall 
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1 be referred to in this section as ‘public diplomacy activi2 ties’.’’. 

3 (c) REPORTS.—Section 604(d) of such Act is amend4 ed to read as follows: 

5 ‘‘(d) REPORTS.— 

6 ‘‘(1) COMPREHENSIVE ANNUAL REPORT.— 

7 ‘‘(A) IN GENERAL.—Not less frequently 

8 than annually, the Commission shall submit a 

9 comprehensive report on public diplomacy and 

10 international broadcasting activities to Con11 gress, the President, and the Secretary of 

12 State. This report shall include— 

13 ‘‘(i) a detailed list of all public diplo14 macy activities funded by the United 

15 States Government; 

16 ‘‘(ii) a description of— 

17 ‘‘(I) the purpose, means, and ge18 ographic scope of each activity; 

19 ‘‘(II) when each activity was 

20 started; 

21 ‘‘(III) the amount of Federal 

22 funding expended on each activity; 

23 ‘‘(IV) any significant outside 

24 sources of funding; and 
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1 ‘‘(V) the Federal department or 

2 agency to which the activity belongs; 

3 ‘‘(iii) the international broadcasting 

4 activities under the direction of the Broad5 casting Board of Governors; 

6 ‘‘(iv) an assessment of potentially du7 plicative public diplomacy and inter8 national broadcasting activities; and 

9 ‘‘(v) for any activities determined to 

10 be ineffective or results not demonstrated 

11 under subparagraph (B), recommendations 

12 on existing effective or moderately effective 

13 public diplomacy activities that could be 

14 augmented to carry out the objectives of 

15 the ineffective activities. 

16 ‘‘(B) EFFECTIVENESS ASSESSMENT.—In 

17 evaluating the public diplomacy and inter18 national broadcasting activities described in 

19 subparagraph (A), the Commission shall con20 duct an assessment that considers the public di21 plomacy target impact, the achieved impact, 

22 and the cost of public diplomacy activities and 

23 international broadcasting. The assessment 

24 shall include, if practicable, an appropriate met25 ric such as ‘cost-per-audience’ or ‘cost-per-stu-
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1 dent’ for each activity. Upon the completion of 

2 the assessment, the Commission shall the as3 sign a rating of— 

4 ‘‘(i) ‘effective’ for activities that— 

5 ‘‘(I) set appropriate goals; 

6 ‘‘(II) achieve results; and 

7 ‘‘(III) are well-managed and cost 

8 efficient; 

9 ‘‘(ii) ‘moderately effective’ for activi10 ties that— 

11 ‘‘(I) achieve some results; 

12 ‘‘(II) are generally well-managed; 

13 and 

14 ‘‘(III) need to improve their per15 formance results or cost efficiency, in16 cluding reducing overhead; 

17 ‘‘(iii) ‘ineffective’ for activities that— 

18 ‘‘(I) are not making sufficient 

19 use of available resources to achieve 

20 stated goals; 

21 ‘‘(II) are not well-managed; or 

22 ‘‘(III) have excessive overhead; 

23 and 

24 ‘‘(iv) ‘results not demonstrated’ for 

25 activities that— 
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1 ‘‘(I) do not have acceptable per2 formance public diplomacy metrics for 

3 measuring results; or 

4 ‘‘(II) are unable or failed to col5 lect data to determine if they are ef6 fective. 

7 ‘‘(2) OTHER REPORTS.— 

8 ‘‘(A) IN GENERAL.—The Commission shall 

9 submit other reports, including working papers, 

10 to Congress, the President, and the Secretary 

11 of State at least semi-annually on other activi12 ties and policies related to United States public 

13 diplomacy. 

14 ‘‘(B) AVAILABILITY.—The Commission 

15 shall make the reports submitted pursuant to 

16 subparagraph (A) publicly available on the 

17 website of the Commission to develop a better 

18 understanding of, and support for, public diplo19 macy activities. 

20 ‘‘(3) ACCESS TO INFORMATION.—The Secretary 

21 of State shall ensure that the Commission has access 

22 to all appropriate information to carry out its duties 

23 and responsibilities under this subsection.’’. 

24 (d) REAUTHORIZATION.— 
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1 (1) IN GENERAL.—Section 1334 of the Foreign 

2 Affairs Reform and Restructuring Act of 1998 (22 

3 U.S.C. 6553) is amended by striking ‘‘October 1, 

4 2010’’ and inserting ‘‘October 1, 2014’’. 

5 (2) RETROACTIVITY OF EFFECTIVE DATE.—The 

6 amendment made by paragraph (1) shall take effect 

7 on October 1, 2010. 

8 (e) FUNDING.—From amounts appropriated by Con9 gress under the heading ‘‘DIPLOMATIC AND CONSULAR

10 PROGRAMS’’, the Secretary of State shall allocate sufficient 

11 funding to the United States Advisory Commission on 

12 Public Diplomacy to carry out section 604 of the United 

13 States Information and Educational Exchange Act of 

14 1948 (22 U.S.C. 1469), as amended by this section. 

15 SEC. 5024. REMOVAL OF ACTION. 

16 Section 1442 of title 28, United States Code, is 

17 amended by striking subsection (c) and inserting the fol18 lowing: 

19 ‘‘(c) Solely for purposes of determining the propriety 

20 of removal under subsection (a), a law enforcement officer, 

21 who is the defendant in a criminal prosecution, shall be 

22 deemed to have been acting under the color of his office 

23 if the officer— 

24 ‘‘(1) protected an individual in the presence of 

25 the officer from a crime of violence; 
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1 ‘‘(2) provided immediate assistance to an indi2 vidual who suffered, or who was threatened with, 

3 bodily harm; or 

4 ‘‘(3) prevented the escape of any individual who 

5 the officer reasonably believed to have committed, or 

6 was about to commit, in the presence of the officer, 

7 a crime of violence that resulted in, or was likely to 

8 result in, death or serious bodily injury. 

9 ‘‘(d) In this section, the following definitions apply: 

10 ‘‘(1) The terms ‘civil action’ and ‘criminal pros11 ecution’ include any proceeding (whether or not an12 cillary to another proceeding) to the extent that in 

13 such proceeding a judicial order, including a sub14 poena for testimony or documents, is sought or 

15 issued. If removal is sought for a proceeding de16 scribed in the previous sentence, and there is no 

17 other basis for removal, only that proceeding may be 

18 removed to the district court. 

19 ‘‘(2) The term ‘crime of violence’ has the mean20 ing given that term in section 16 of title 18. 

21 ‘‘(3) The term ‘law enforcement officer’ means 

22 any employee described in subparagraph (A), (B), or 

23 (C) of section 8401(17) of title 5 and any special 

24 agent in the Diplomatic Security Service of the De25 partment of State. 
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1 ‘‘(4) The term ‘serious bodily injury’ has the 

2 meaning given that term in section 1365 of title 18. 

3 ‘‘(5) The term ‘State’ includes the District of 

4 Columbia, United States territories and insular pos5 sessions, and Indian country (as defined in section 

6 1151 of title 18). 

7 ‘‘(6) The term ‘State court’ includes the Supe8 rior Court of the District of Columbia, a court of a 

9 United States territory or insular possession, and a 

10 tribal court.’’. 

11 TITLE LIII—GAO MANDATES 

12 REVISION ACT 

13 Subtitle A—GAO Mandates 

14 Revision Act 

15 SEC. 5301. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘GAO Mandates 

17 Revision Act of 2012’’. 

18 SEC. 5302. REPEALS AND MODIFICATIONS. 

19 (a) CAPITOL PRESERVATION FUND FINANCIAL

20 STATEMENTS.—Section 804 of the Arizona-Idaho Con21 servation Act of 1988 (2 U.S.C. 2084) is amended by 

22 striking ‘‘annual audits of the transactions of the Commis23 sion’’ and inserting ‘‘periodic audits of the transactions 

24 of the Commission, which shall be conducted at least once 

25 every 3 years, unless the Chairman or the Ranking Mem-
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1 ber of the Committee on Rules and Administration of the 

2 Senate or the Committee on House Administration of the 

3 House of Representatives, the Secretary of the Senate, or 

4 the Clerk of the House of Representatives requests that 

5 an audit be conducted at an earlier date,’’. 

6 (b) JUDICIAL SURVIVORS’ ANNUITIES FUND AUDIT

7 BY GAO.— 

8 (1) IN GENERAL.—Section 376 of title 28, 

9 United States Code, is amended— 

10 (A) by striking subsection (w); and 

11 (B) by redesignating subsections (x) and 

12 (y) as subsections (w) and (x), respectively. 

13 (2) TECHNICAL AND CONFORMING AMEND14 MENT.—Section 376(h)(2) of title 28, United States 

15 Code, is amended by striking ‘‘subsection (x)’’ and 

16 inserting ‘‘subsection (w)’’. 

17 (c) ONDCP ANNUAL REPORT REQUIREMENT.—Sec18 tion 203 of the Office of National Drug Control Policy 

19 Reauthorization Act of 2006 (21 U.S.C. 1708a) is amend20 ed— 

21 (1) in subsection (a), by striking ‘‘of each year’’ 

22 and inserting ‘‘, 2013, and every 3 years there23 after,’’; and 

24 (2) in subsection (b), in the matter preceding 

25 paragraph (1), by striking ‘‘at a frequency of not 
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1 less than once per year—’’ and inserting ‘‘not later 

2 than December 31, 2013, and every 3 years there3 after—’’. 

4 (d) USERRA GAO REPORT.—Section 105(g)(1) of 

5 the Veterans’ Benefits Act of 2010 (Public Law 111–275; 

6 38 U.S.C. 4301 note) is amended by striking ‘‘, and annu7 ally thereafter during the period when the demonstration 

8 project is conducted,’’. 

9 (e) SEMIPOSTAL PROGRAM REPORTS BY THE GEN10 ERAL ACCOUNTING OFFICE.—Section 2 of the Semipostal 

11 Authorization Act (Public Law 106–253; 114 Stat. 636; 

12 39 U.S.C. 416 note) is amended— 

13 (1) by striking subsection (c); and 

14 (2) by redesignating subsections (d) and (e) as 

15 subsections (c) and (d), respectively. 

16 (f) EARNED IMPORT ALLOWANCE PROGRAM REVIEW

17 BY GAO.—Section 231A(b)(4) of the Caribbean Basin 

18 Economic Recovery Act (19 U.S.C. 2703a(b)(4)) is 

19 amended— 

20 (1) by striking subparagraph (C); and 

21 (2) by redesignating subparagraph (D) as sub22 paragraph (C). 

23 (g) AMERICAN BATTLE MONUMENTS COMMISSION’S

24 FINANCIAL STATEMENTS AND AUDITS.—Section 2103(h) 

25 of title 36, United States Code, is amended— 
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1 (1) in paragraph (1), by striking ‘‘of paragraph 

2 (2) of this subsection’’ and inserting ‘‘of section 

3 3515 of title 31’’; 

4 (2) in paragraph (1), by striking ‘‘(1)’’; and 

5 (3) by striking paragraph (2). 

6 (h) SENATE PRESERVATION FUND AUDITS.—Section 

7 3(c)(6) of the Legislative Branch Appropriations Act, 

8 2004 (2 U.S.C. 2108(c)(6)) is amended by striking ‘‘an9 nual audits of the Senate Preservation Fund’’ and insert10 ing ‘‘periodic audits of the Senate Preservation Fund, 

11 which shall be conducted at least once every 3 years, un12 less the Chairman or the Ranking Member of the Com13 mittee on Rules and Administration of the Senate or the 

14 Secretary of the Senate requests that an audit be con15 ducted at an earlier date,’’. 

16 Subtitle B—Improper Payments 

17 Elimination and Recovery Im18 provement Act 

19 SEC. 5311. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Improper Pay21 ments Elimination and Recovery Improvement Act of 

22 2012’’. 

23 SEC. 5312. DEFINITIONS. 

24 In this subtitle— 
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1 (1) the term ‘‘agency’’ means an executive 

2 agency as that term is defined under section 102 of 

3 title 31, United States Code; and 

4 (2) the term ‘‘improper payment’’ has the 

5 meaning given that term in section 2(g) of the Im6 proper Payments Information Act of 2002 (31 

7 U.S.C. 3321 note), as redesignated by section 

8 l03(a)(1) of this subtitle. 

9 SEC. 5313. IMPROVING THE DETERMINATION OF IMPROPER 

10 PAYMENTS BY FEDERAL AGENCIES. 

11 (a) IN GENERAL.—Section 2 of the Improper Pay12 ments Information Act of 2002 (31 U.S.C. 3321 note) is 

13 amended— 

14 (1) by redesignating subsections (b) through (g) 

15 as subsections (c) through (h), respectively; 

16 (2) by inserting after subsection (a) the fol17 lowing: 

18 ‘‘(b) IMPROVING THE DETERMINATION OF IMPROPER

19 PAYMENTS.— 

20 ‘‘(1) IN GENERAL.—The Director of the Office 

21 of Management and Budget shall on an annual 

22 basis— 

23 ‘‘(A) identify a list of high-priority Federal 

24 programs for greater levels of oversight and re25 view— 
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1 ‘‘(i) in which the highest dollar value 

2 or highest rate of improper payments 

3 occur; or 

4 ‘‘(ii) for which there is a higher risk 

5 of improper payments; and 

6 ‘‘(B) in coordination with the agency re7 sponsible for administering the high-priority 

8 program, establish annual targets and semi-an9 nual or quarterly actions for reducing improper 

10 payments associated with each high-priority 

11 program. 

12 ‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER

13 PAYMENTS.— 

14 ‘‘(A) IN GENERAL.—Subject to Federal 

15 privacy policies and to the extent permitted by 

16 law, each agency with a program identified 

17 under paragraph (1)(A) on an annual basis 

18 shall submit to the Inspector General of that 

19 agency, and make available to the public (in20 cluding availability through the Internet), a re21 port on that program. 

22 ‘‘(B) CONTENTS.—Each report under this 

23 paragraph— 

24 ‘‘(i) shall describe— 

25 ‘‘(I) any action the agency— 
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1 ‘‘(aa) has taken or plans to 

2 take to recover improper pay3 ments; and 

4 ‘‘(bb) intends to take to pre5 vent future improper payments; 

6 and 

7 ‘‘(ii) shall not include any referrals 

8 the agency made or anticipates making to 

9 the Department of Justice, or any informa10 tion provided in connection with such re11 ferrals. 

12 ‘‘(C) PUBLIC AVAILABILITY ON CENTRAL

13 WEBSITE.—The Office of Management and 

14 Budget shall make each report submitted under 

15 this paragraph available on a central website. 

16 ‘‘(D) AVAILABILITY OF INFORMATION TO

17 INSPECTOR GENERAL.—Subparagraph (B)(ii) 

18 shall not prohibit any referral or information 

19 being made available to an Inspector General as 

20 otherwise provided by law. 

21 ‘‘(E) ASSESSMENT AND RECOMMENDA22 TIONS.—The Inspector General of each agency 

23 that submits a report under this paragraph 

24 shall, for each program of the agency that is 

25 identified under paragraph (1)(A)— 
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1 ‘‘(i) review— 

2 ‘‘(I) the assessment of the level 

3 of risk associated with the program, 

4 and the quality of the improper pay5 ment estimates and methodology of 

6 the agency relating to the program; 

7 and 

8 ‘‘(II) the oversight or financial 

9 controls to identify and prevent im10 proper payments under the program; 

11 and 

12 ‘‘(ii) submit to Congress recommenda13 tions, which may be included in another re14 port submitted by the Inspector General to 

15 Congress, for modifying any plans of the 

16 agency relating to the program, including 

17 improvements for improper payments de18 termination and estimation methodology.’’; 

19 (3) in subsection (d) (as redesignated by para20 graph (1) of this subsection), by striking ‘‘subsection 

21 (b)’’ each place that term appears and inserting 

22 ‘‘subsection (c)’’; 

23 (4) in subsection (e) (as redesignated by para24 graph (1) of this subsection), by striking ‘‘subsection 

25 (b)’’ and inserting ‘‘subsection (c)’’; and 
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1 (5) in subsection (g)(3) (as redesignated by 

2 paragraph (1) of this subsection), by inserting ‘‘or 

3 a Federal employee’’ after ‘‘non-Federal person or 

4 entity’’. 

5 (b) IMPROVED ESTIMATES.— 

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

7 after the date of enactment of this subtitle, the Di8 rector of the Office of Management and Budget 

9 shall provide guidance to agencies for improving the 

10 estimates of improper payments under the Improper 

11 Payments Information Act of 2002 (31 U.S.C. 3321 

12 note). 

13 (2) GUIDANCE.—Guidance under this sub14 section shall— 

15 (A) strengthen the estimation process of 

16 agencies by setting standards for agencies to 

17 follow in determining the underlying validity of 

18 sampled payments to ensure amounts being 

19 billed are proper; and 

20 (B) instruct agencies to give the persons or 

21 entities performing improper payments esti22 mates access to all necessary payment data, in23 cluding access to relevant documentation; 

24 (C) explicitly bar agencies from relying on 

25 self-reporting by the recipients of agency pay-
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1 ments as the sole source basis for improper 

2 payments estimates; 

3 (D) require agencies to include all identi4 fied improper payments in the reported esti5 mate, regardless of whether the improper pay6 ment in question has been or is being recovered; 

7 (E) include payments to employees, includ8 ing salary, locality pay, travel pay, purchase 

9 card use, and other employee payments, as sub10 ject to risk assessment and, where appropriate, 

11 improper payment estimation; and 

12 (F) require agencies to tailor their correc13 tive actions for the high-priority programs iden14 tified under section 2(b)(1)(A) of the Improper 

15 Payments Information Act of 2002 (31 U.S.C. 

16 3321 note) to better reflect the unique proc17 esses, procedures, and risks involved in each 

18 specific program. 

19 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 The Improper Payments Elimination and Recovery Act of 

21 2010 (Public Law 111–204; 124 Stat. 2224) is amend22 ed— 

23 (1) in section 2(h)(1) (31 U.S.C. 3321 note), by 

24 striking ‘‘section 2(f)’’ and all that follows and in-
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1 serting ‘‘section 2(g) of the Improper Payments In2 formation Act of 2002 (31 U.S.C. 3321 note).’’; and 

3 (2) in section 3(a) (31 U.S.C. 3321 note)— 

4 (A) in paragraph (1), by striking ‘‘section 

5 2(f)’’ and all that follows and inserting ‘‘section 

6 2(g) of the Improper Payments Information Act 

7 of 2002 (31 U.S.C. 3321 note).’’; and 

8 (B) in paragraph (3)— 

9 (i) by striking ‘‘section 2(b)’’ each 

10 place it appears and inserting ‘‘section 

11 2(c)’’; and 

12 (ii) by striking ‘‘section 2(c)’’ each 

13 place it appears and inserting ‘‘section 

14 2(d)’’. 

15 SEC. 5314. IMPROPER PAYMENTS INFORMATION. 

16 Section 2(a)(3)(A)(ii) of the Improper Payments In17 formation Act of 2002 (31 U.S.C. 3321 note) is amended 

18 by striking ‘‘with respect to fiscal years following Sep19 tember 30th of a fiscal year beginning before fiscal year 

20 2013 as determined by the Office of Management and 

21 Budget’’ and inserting ‘‘with respect to fiscal year 2014 

22 and each fiscal year thereafter’’. 

23 SEC. 5315. DO NOT PAY INITIATIVE. 

24 (a) PREPAYMENT AND PREAWARD PROCEDURES.— 
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1 (1) IN GENERAL.—Each agency shall review 

2 prepayment and preaward procedures and ensure 

3 that a thorough review of available databases with 

4 relevant information on eligibility occurs to deter5 mine program or award eligibility and prevent im6 proper payments before the release of any Federal 

7 funds. 

8 (2) DATABASES.—At a minimum and before 

9 issuing any payment and award, each agency shall 

10 review as appropriate the following databases to 

11 verify eligibility of the payment and award: 

12 (A) The Death Master File of the Social 

13 Security Administration. 

14 (B) The General Services Administration’s 

15 Excluded Parties List System. 

16 (C) The Debt Check Database of the De17 partment of the Treasury. 

18 (D) The Credit Alert System or Credit 

19 Alert Interactive Voice Response System of the 

20 Department of Housing and Urban Develop21 ment. 

22 (E) The List of Excluded Individuals/Enti23 ties of the Office of Inspector General of the 

24 Department of Health and Human Services. 

25 (b) DO NOT PAY INITIATIVE.— 
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1 (1) ESTABLISHMENT.—There is established the 

2 Do Not Pay Initiative which shall include— 

3 (A) use of the databases described under 

4 subsection (a)(2); and 

5 (B) use of other databases designated by 

6 the Director of the Office of Management and 

7 Budget in consultation with agencies and in ac8 cordance with paragraph (2). 

9 (2) OTHER DATABASES.—In making designa10 tions of other databases under paragraph (1)(B), the 

11 Director of the Office of Management and Budget 

12 shall— 

13 (A) consider any database that substan14 tially assists in preventing improper payments; 

15 and 

16 (B) provide public notice and an oppor17 tunity for comment before designating a data18 base under paragraph (1)(B). 

19 (3) ACCESS AND REVIEW BY AGENCIES.—For 

20 purposes of identifying and preventing improper 

21 payments, each agency shall have access to, and use 

22 of, the Do Not Pay Initiative to verify payment or 

23 award eligibility in accordance with subsection (a) 

24 when the Director of the Office of Management and 
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1 Budget determines the Do Not Pay Initiative is ap2 propriately established for the agency. 

3 (4) PAYMENT OTHERWISE REQUIRED.—When 

4 using the Do Not Pay Initiative, an agency shall rec5 ognize that there may be circumstances under which 

6 the law requires a payment or award to be made to 

7 a recipient, regardless of whether that recipient is 

8 identified as potentially ineligible under the Do Not 

9 Pay Initiative. 

10 (5) ANNUAL REPORT.—The Director of the Of11 fice of Management and Budget shall submit to 

12 Congress an annual report, which may be included 

13 as part of another report submitted to Congress by 

14 the Director, regarding the operation of the Do Not 

15 Pay Initiative, which shall— 

16 (A) include an evaluation of whether the 

17 Do Not Pay Initiative has reduced improper 

18 payments or improper awards; and 

19 (B) provide the frequency of corrections or 

20 identification of incorrect information. 

21 (c) DATABASE INTEGRATION PLAN.—Not later than 

22 60 days after the date of enactment of this subtitle, the 

23 Director of the Office of Management and Budget shall 

24 provide to the Congress a plan for— 
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1 (1) inclusion of other databases on the Do Not 

2 Pay Initiative; 

3 (2) to the extent permitted by law, agency ac4 cess to the Do Not Pay Initiative; and 

5 (3) the multilateral data use agreements de6 scribed under subsection (e). 

7 (d) INITIAL WORKING SYSTEM.— 

8 (1) ESTABLISHMENT.—Not later than 90 days 

9 after the date of enactment of this subtitle, the Di10 rector of the Office of Management and Budget 

11 shall establish a working system for prepayment and 

12 preaward review that includes the Do Not Pay Ini13 tiative as described under this section. 

14 (2) WORKING SYSTEM.—The working system 

15 established under paragraph (1)— 

16 (A) may be located within an appropriate 

17 agency; 

18 (B) shall include not less than 3 agencies 

19 as users of the system; and 

20 (C) shall include investigation activities for 

21 fraud and systemic improper payments detec22 tion through analytic technologies and other 

23 techniques, which may include commercial data24 base use or access. 
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1 (3) APPLICATION TO ALL AGENCIES.—Not later 

2 than June 1, 2013, each agency shall review all pay3 ments and awards for all programs of that agency 

4 through the system established under this sub5 section. 

6 (e) FACILITATING DATA ACCESS BY FEDERAL AGEN7 CIES AND OFFICES OF INSPECTORS GENERAL FOR PUR8 POSES OF PROGRAM INTEGRITY.— 

9 (1) DEFINITION.—In this subsection, the term 

10 ‘‘Inspector General’’ means an Inspector General de11 scribed in subparagraph (A), (B), or (I) of section 

12 11(b)(1) of the Inspector General Act of 1978 (5 

13 U.S.C. App.). 

14 (2) COMPUTER MATCHING BY FEDERAL AGEN15 CIES FOR PURPOSES OF INVESTIGATION AND PRE16 VENTION OF IMPROPER PAYMENTS AND FRAUD.— 

17 (A) IN GENERAL.—Except as provided in 

18 this paragraph, in accordance with section 552a 

19 of title 5, United States Code (commonly known 

20 as the Privacy Act of 1974), each Inspector 

21 General and the head of each agency may enter 

22 into computer matching agreements that allow 

23 ongoing data matching (which shall include 

24 automated data matching) in order to assist in 
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1 the detection and prevention of improper pay2 ments. 

3 (B) REVIEW.—Not later than 60 days 

4 after a proposal for an agreement under sub5 paragraph (A) has been presented to a Data In6 tegrity Board established under section 552a(u) 

7 of title 5, United States Code, for consider8 ation, the Data Integrity Board shall respond 

9 to the proposal. 

10 (C) TERMINATION DATE.—An agreement 

11 under subparagraph (A)— 

12 (i) shall have a termination date of 

13 less than 3 years; and 

14 (ii) during the 3-month period ending 

15 on the date on which the agreement is 

16 scheduled to terminate, may be renewed by 

17 the agencies entering the agreement for 

18 not more than 3 years. 

19 (D) MULTIPLE AGENCIES.—For purposes 

20 of this paragraph, section 552a(o)(1) of title 5, 

21 United States Code, shall be applied by sub22 stituting ‘‘between the source agency and the 

23 recipient agency or non-Federal agency or an 

24 agreement governing multiple agencies’’ for 

25 ‘‘between the source agency and the recipient 
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1 agency or non-Federal agency’’ in the matter 

2 preceding subparagraph (A). 

3 (E) COST-BENEFIT ANALYSIS.—A jus4 tification under section 552a(o)(1)(B) of title 5, 

5 United States Code, relating to an agreement 

6 under subparagraph (A) is not required to con7 tain a specific estimate of any savings under 

8 the computer matching agreement. 

9 (F) GUIDANCE BY THE OFFICE OF MAN10 AGEMENT AND BUDGET.—Not later than 6 

11 months after the date of enactment of this sub12 title, and in consultation with the Council of In13 spectors General on Integrity and Efficiency, 

14 the Secretary of Health and Human Services, 

15 the Commissioner of Social Security, and the 

16 head of any other relevant agency, the Director 

17 of the Office of Management and Budget 

18 shall— 

19 (i) issue guidance for agencies regard20 ing implementing this paragraph, which 

21 shall include standards for— 

22 (I) reimbursement of costs, when 

23 necessary, between agencies; 

24 (II) retention and timely destruc25 tion of records in accordance with sec-
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1 tion 552a(o)(1)(F) of title 5, United 

2 States Code; 

3 (III) prohibiting duplication and 

4 redisclosure of records in accordance 

5 with section 552a(o)(1)(H) of title 5, 

6 United States Code; 

7 (ii) review the procedures of the Data 

8 Integrity Boards established under section 

9 552a(u) of title 5, United States Code, and 

10 develop new guidance for the Data Integ11 rity Boards to— 

12 (I) improve the effectiveness and 

13 responsiveness of the Data Integrity 

14 Boards; and 

15 (II) ensure privacy protections in 

16 accordance with section 552a of title 

17 5, United States Code (commonly 

18 known as the Privacy Act of 1974); 

19 and 

20 (III) establish standard matching 

21 agreements for use when appropriate; 

22 and 

23 (iii) establish and clarify rules regard24 ing what constitutes making an agreement 

25 entered under subparagraph (A) available 
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1 upon request to the public for purposes of 

2 section 552a(o)(2)(A)(ii) of title 5, United 

3 States Code, which shall include requiring 

4 publication of the agreement on a public 

5 website. 

6 (G) CORRECTIONS.—The Director of the 

7 Office of Management and Budget shall estab8 lish procedures providing for the correction of 

9 data in order to ensure— 

10 (i) compliance with section 552a(p) of 

11 title 5, United States Code; and 

12 (ii) that corrections are made in any 

13 Do Not Pay Initiative database and in any 

14 relevant source databases designated by 

15 the Director of the Office of Management 

16 and Budget under subsection (b)(1). 

17 (H) COMPLIANCE.—The head of each 

18 agency, in consultation with the Inspector Gen19 eral of the agency, shall ensure that any infor20 mation provided to an individual or entity 

21 under this subsection is provided in accordance 

22 with protocols established under this subsection. 

23 (I) RULE OF CONSTRUCTION.—Nothing in 

24 this subsection shall be construed to affect the 
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1 rights of an individual under section 552a(p) of 

2 title 5, United States Code. 

3 (f) DEVELOPMENT AND ACCESS TO A DATABASE OF

4 INCARCERATED INDIVIDUALS.—Not later than 1 year 

5 after the date of enactment of this subtitle, the Attorney 

6 General shall submit to Congress recommendations for in7 creasing the use of, access to, and the technical feasibility 

8 of using data on the Federal, State, and local conviction 

9 and incarceration status of individuals for purposes of 

10 identifying and preventing improper payments by Federal 

11 agencies and programs and fraud. 

12 (g) PLAN TO CURB FEDERAL IMPROPER PAYMENTS

13 TO DECEASED INDIVIDUALS BY IMPROVING THE QUALITY

14 AND USE BY FEDERAL AGENCIES OF THE SOCIAL SECU15 RITY ADMINISTRATION DEATH MASTER FILE.— 

16 (1) ESTABLISHMENT.—In conjunction with the 

17 Commissioner of Social Security and in consultation 

18 with relevant stakeholders that have an interest in 

19 or responsibility for providing the data, and the 

20 States, the Director of the Office of Management 

21 and Budget shall establish a plan for improving the 

22 quality, accuracy, and timeliness of death data main23 tained by the Social Security Administration, includ24 ing death information reported to the Commissioner 
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1 under section 205(r) of the Social Security Act (42 

2 U.S.C. 405(r)). 

3 (2) ADDITIONAL ACTIONS UNDER PLAN.—The 

4 plan established under this subsection shall include 

5 recommended actions by agencies to— 

6 (A) increase the quality and frequency of 

7 access to the Death Master File and other 

8 death data; 

9 (B) achieve a goal of at least daily access 

10 as appropriate; 

11 (C) provide for all States and other data 

12 providers to use improved and electronic means 

13 for providing data; 

14 (D) identify improved methods by agencies 

15 for determining ineligible payments due to the 

16 death of a recipient through proactive 

17 verification means; and 

18 (E) address improper payments made by 

19 agencies to deceased individuals as part of Fed20 eral retirement programs. 

21 (3) REPORT.—Not later than 120 days after 

22 the date of enactment of this subtitle, the Director 

23 of the Office of Management and Budget shall sub24 mit a report to Congress on the plan established 
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1 under this subsection, including recommended legis2 lation. 

3 SEC. 5316. IMPROVING RECOVERY OF IMPROPER PAY4 MENTS. 

5 (a) DEFINITION.—In this section, the term ‘‘recovery 

6 audit’’ means a recovery audit described under section 

7 2(h) of the Improper Payments Elimination and Recovery 

8 Act of 2010. 

9 (b) REVIEW.—The Director of the Office of Manage10 ment and Budget shall determine— 

11 (1) current and historical rates and amounts of 

12 recovery of improper payments (or, in cases in which 

13 improper payments are identified solely on the basis 

14 of a sample, recovery rates and amounts estimated 

15 on the basis of the applicable sample), including a 

16 list of agency recovery audit contract programs and 

17 specific information of amounts and payments recov18 ered by recovery audit contractors; and 

19 (2) targets for recovering improper payments, 

20 including specific information on amounts and pay21 ments recovered by recovery audit contractors. 

22 Subtitle C—Sense of Congress 

23 Regarding Spectrum 

24 SEC. 5317. SENSE OF CONGRESS REGARDING SPECTRUM. 

25 It is the sense of Congress that— 
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1 (1) the Nation’s mobile communications indus2 try is a significant economic engine, by one estimate 

3 directly or indirectly supporting 3,800,000 jobs, or 

4 2.6 percent of all United States employment, con5 tributing $195,500,000,000 to the United States 

6 gross domestic product and driving $33,000,000,000 

7 in productivity improvements in 2011; 

8 (2) while wireless carriers are continually imple9 menting new and more efficient technologies and 

10 techniques to maximize their existing spectrum ca11 pacity, there is a pressing need for additional spec12 trum for mobile broadband services, with one report 

13 predicting that global mobile data traffic will in14 crease 18-fold between 2011 and 2016 at a com15 pound annual growth rate of 78 percent, reaching 

16 10.8 exabytes per month by 2016; 

17 (3) as the Nation faces the growing demand for 

18 spectrum, consideration should be given to both the 

19 supply of spectrum for licensed networks and for un20 licensed devices; 

21 (4) while this additional demand can be met in 

22 part by reallocating spectrum from existing non-gov23 ernmental uses, the long-term solution must include 

24 reallocation and sharing of Federal Government 

25 spectrum for private sector use; 
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1 (5) recognizing the important uses of spectrum 

2 by the Federal Government, including for national 

3 and homeland security, law enforcement and other 

4 critical federal uses, existing law ensures that Fed5 eral operations are not harmed as a result of a re6 allocation of spectrum for commercial use, including 

7 through the establishment of the Spectrum Reloca8 tion Fund to reimburse Federal users for the costs 

9 of planning and implementing relocation and sharing 

10 arrangements and, with respect to spectrum vacated 

11 by the Department of Defense, certification under 

12 section 1062 of P.L. 106–65 by the Secretaries of 

13 Defense and Commerce and the Chairman of the 

14 Joint Chiefs of Staff that replacement spectrum pro15 vides comparable technical characteristics to restore 

16 essential military capability; and 

17 (6) given the need to determine equitable out18 comes for the Nation in relation to spectrum use 

19 that balance the private sector’s demand for spec20 trum with national security and other critical federal 

21 missions, all interested parties should be encouraged 

22 to continue the collaborative efforts between industry 

23 and government stakeholders that have been 

24 launched by the National Telecommunications and 

25 Information Administration to assess and rec-
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1 ommend practical frameworks for the development 

2 of relocation, transition, and sharing arrangement 

3 and plans for 110 megahertz of federal spectrum in 

4 the 1695–1710 MHz and the 1755–1850 MHz 

5 bands. 

Passed the Senate December 4, 2012. 

Attest: 

Secretary. 

112TH CONGRESS 

2D SESSION S. 3254 

AN ACT 

To authorize appropriations for fiscal year 2013 for 

and for other purposes. military personnel strengths for such fiscal year, ties of the Department of Energy, to prescribe for military construction, and for defense activimilitary activities of the Department of Defense,