Subtitle C—Energy Security 
Sec. 2821. Congressional notification for contracts for the provision and oper-
ation of energy production facilities authorized to be located on 
real property under the jurisdiction of a military department. 
Sec. 2822. Continuation of limitation on use of funds for Leadership in Energy 
and Environmental Design (LEED) gold or platinum certifi-
cation and expansion to include implementation of ASHRAE 
building standard 189.1. 
Sec. 2823. Availability and use of Department of Defense energy cost savings to 
promote energy security. 
Subtitle D—Provisions Related to Guam Realignment 
Sec. 2831. Use of operation and maintenance funding to support community ad-
justments related to realignment of military installations and 
relocation of military personnel on Guam. 
Sec. 2832. Certification of military readiness need for firing range on Guam as 
condition on establishment of range. 
Sec. 2833. Repeal of conditions on use of funds for Guam realignment. 
Subtitle E—Land Conveyances 
Sec. 2841. Modification to authorized land conveyance and exchange, Joint Base 
Elmendorf Richardson, Alaska. 
Sec. 2842. Modification of financing authority, Broadway Complex of the Depart-
ment of the Navy, San Diego, California. 
Sec. 2843. Land conveyance, John Kunkel Army Reserve Center, Warren, Ohio. 
Sec. 2844. Land conveyance, Castner Range, Fort Bliss, Texas. 
Sec. 2845. Modification of land conveyance, Fort Hood, Texas. 
Sec. 2846. Transfer of administrative jurisdiction, Fort Lee Military Reservation 
and Petersburg National Battlefield, Virginia. 
Subtitle F—Other Matters 
Sec. 2861. Inclusion of religious symbols as part of military memorials. 
Sec. 2862. Redesignation of the Center for Hemispheric Defense Studies as the 
William J. Perry Center for Hemispheric Defense Studies. 
Sec. 2863. Sense of Congress regarding establishment of military divers memorial 
at Washington Navy Yard. 
Sec. 2864. Gold Star Mothers National Monument, Arlington National Cemetery. 
Sec. 2865. Naming of training and support complex, Fort Bragg, North Carolina. 
Sec. 2866. Naming of electrochemistry engineering facility, Naval Support Activ-
ity Crane, Crane, Indiana. 
Sec. 2867. Retention of core functions of the Electronic Systems Center at 
Hanscom Air Force Base, Massachusetts. 
Sec. 2868. Retention of core functions of the Air Force Materiel Command, 
Wright-Patterson Air Force Base, Ohio. 
TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 
CONSTRUCTION 
Sec. 2901. Authorized Navy construction and land acquisition projects. 
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DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Energy security and assurance. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Authorized personnel levels of the Office of the Administrator. 
Sec. 3112. Budget justification materials. 
Sec. 3113. Contractor governance, oversight, and accountability. 
Sec. 3114. National Nuclear Security Administration Council. 
Sec. 3115. Safety, health, and security of the National Nuclear Security Adminis-
tration. 
Sec. 3116. Design and use of prototypes of nuclear weapons. 
Sec. 3117. Improvement and streamlining of the missions and operations of the 
Department of Energy and National Nuclear Security Adminis-
tration. 
Sec. 3118. Cost-benefit analyses for competition of management and operating 
contracts. 
Sec. 3119. Limitation on availability of funds for Inertial Confinement Fusion 
Ignition and High Yield Campaign. 
Sec. 3120. Limitation on availability of funds for Global Security through 
Science Partnerships Program. 
Sec. 3121. Limitation on availability of funds for Center of Excellence on Nuclear 
Security. 
Sec. 3122. Two-year extension of schedule for disposition of weapons-usable pluto-
nium at Savannah River Site, Aiken, South Carolina. 
Subtitle C—Improvements to National Security Energy Laws 
Sec. 3131. Improvements to the Atomic Energy Defense Act. 
Sec. 3132. Improvements to the National Nuclear Security Administration Act. 
Sec. 3133. Clarification of the role of the Administrator for Nuclear Security. 
Sec. 3134. Consolidated reporting requirements relating to nuclear stockpile stew-
ardship, management, and infrastructure. 
Sec. 3135. Repeal of certain reporting requirements. 
Subtitle D—Reports 
Sec. 3141. Notification of nuclear criticality and non-nuclear incidents. 
Sec. 3142. Reports on lifetime extension programs. 
Sec. 3143. National Academy of Sciences study on peer review and design com-
petition related to nuclear weapons. 
Sec. 3144. Report on defense nuclear nonproliferation programs. 
Sec. 3145. Study on reuse of plutonium pits. 
Subtitle E—Other Matters 
Sec. 3151. Use of probabilistic risk assessment to ensure nuclear safety. 
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Sec. 3152. Advice to President and Congress regarding safety, security, and reli-
ability of United States nuclear weapons stockpile and nuclear 
forces. 
Sec. 3153. Classification of certain restricted data. 
Sec. 3154. Independent cost assessments for life extension programs, new nuclear 
facilities, and other matters. 
Sec. 3155. Assessment of nuclear weapon pit production requirement. 
Sec. 3156. Intellectual property related to uranium enrichment. 
Sec. 3157. Sense of Congress on competition and fees related to the management 
and operating contracts of the nuclear security enterprise. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
Sec. 3202. Improvements to the Defense Nuclear Facilities Safety Board. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—MARITIME ADMINISTRATION 
Sec. 3501. Authorization of appropriations for national security aspects of the 
merchant marine for fiscal year 2013. 
Sec. 3502. Application of the Federal acquisition regulation. 
Sec. 3503. Procurement of ship disposal. 
Sec. 3504. Limitation of National Defense Reserve Fleet vessels to those over 1,500 
gross tons. 
Sec. 3505. Donation of excess fuel to maritime academies. 
Sec. 3506. Clarification of heading. 
Sec. 3507. Transfer of vessels to the National Defense Reserve Fleet. 
Sec. 3508. Amendments relating to the National Defense Reserve Fleet. 
Sec. 3509. Extension of Maritime Security Fleet program. 
DIVISION D—FUNDING TABLES 
Sec. 4001. Authorization of amounts in funding tables. 
TITLE XLI—PROCUREMENT 
Sec. 4101. Procurement. 
Sec. 4102. Procurement for overseas contingency operations. 
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Sec. 4201. Research, development, test, and evaluation. 
Sec. 4202. Research, development, test, and evaluation for overseas contingency 
operations. 
TITLE XLIII—OPERATION AND MAINTENANCE 
Sec. 4301. Operation and maintenance. 
Sec. 4302. Operation and maintenance for overseas contingency operations. 
TITLE XLIV—MILITARY PERSONNEL 
Sec. 4401. Military personnel. 
Sec. 4402. Military personnel for overseas contingency operations. 
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TITLE XLV—OTHER AUTHORIZATIONS 
Sec. 4501. Other authorizations. 
Sec. 4502. Other authorizations for overseas contingency operations. 
TITLE XLVI—MILITARY CONSTRUCTION 
Sec. 4601. Military construction. 
Sec. 4602. Military construction for overseas contingency operations. 
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY 
PROGRAMS 
Sec. 4701. Department of Energy national security programs. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
In this Act, the term ‘‘congressional defense commit-
tees’’ has the meaning given that term in section 101(a)(16) 
of title 10, United States Code. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2013 for procurement for the Army, the Navy and 
the Marine Corps, the Air Force, and Defense-wide activi-
ties, as specified in the funding table in section 4101. 
Subtitle B—Army Programs 
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 
ARMY CH–47 HELICOPTERS. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—In 
accordance with section 2306b of title 10, United States 
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Code, the Secretary of the Army may enter into a multiyear 
contract, beginning with the fiscal year 2013 program year, 
for the procurement of airframes for CH–47F helicopters. 
(b) CONDITION
FOR
OUT-YEAR
CONTRACT
PAY-
MENTS.—A contract entered into under subsection (a) shall 
provide that any obligation of the United States to make 
a payment under the contract for a fiscal year after fiscal 
year 2013 is subject to the availability of appropriations 
for that purpose for such later fiscal year. 
SEC. 112. REPORTS ON AIRLIFT REQUIREMENTS OF THE 
ARMY. 
(a) REPORTS.—Not later than October 31, 2012, and 
each year thereafter through 2017, the Secretary of the 
Army shall submit to the congressional defense committees 
a report on the time-sensitive or mission-critical airlift re-
quirements of the Army. 
(b) MATTERS INCLUDED.—The reports under sub-
section (a) shall include, with respect to the fiscal year be-
fore the fiscal year in which the report is submitted, the 
following information: 
(1) The total number of time-sensitive or mis-
sion-critical airlift movements required for training, 
steady-state, and contingency operations. 
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verted to carry exclusively non-nuclear payloads as of Octo-
ber 1, 2012.’’. 
SEC. 122. EXTENSION OF FORD-CLASS AIRCRAFT CARRIER 
CONSTRUCTION AUTHORITY. 
Section 121(a) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2104), as amended by section 124 of the Na-
tional Defense Authorization Act for Fiscal Year 2012 (Pub-
lic Law 112–81; 125 Stat. 1320), is amended by striking 
‘‘four fiscal years’’ and inserting ‘‘five fiscal years’’. 
SEC. 123. EXTENSION OF MULTIYEAR PROCUREMENT AU-
THORITY FOR F/A–18E, F/A–18F, AND EA–18G 
AIRCRAFT. 
Section 128 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2217), 
as amended by Public Law 111–238 (124 Stat. 2500), is 
amended by adding at the end the following new subsection: 
‘‘(f) EXTENSION OF MULTIYEAR AUTHORITY.—Not-
withstanding section 2306b of title 10, United States Code, 
the Secretary of the Navy may modify a multiyear contract 
entered into under subsection (a) to add a fifth production 
year to such contract.’’. 
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SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR V–22 
JOINT AIRCRAFT PROGRAM. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—In 
accordance with section 2306b of title 10, United States 
Code, the Secretary of the Navy may enter into a multiyear 
contract, beginning with the fiscal year 2013 program year, 
for the procurement of V–22 aircraft for the Department 
of the Navy, the Department of the Air Force, and the 
United States Special Operations Command. 
(b) CONDITION
FOR
OUT-YEAR
CONTRACT
PAY-
MENTS.—A contract entered into under subsection (a) shall 
provide that any obligation of the United States to make 
a payment under the contract for a fiscal year after fiscal 
year 2013 is subject to the availability of appropriations 
for that purpose for such later fiscal year. 
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR 
ARLEIGH BURKE-CLASS DESTROYERS AND AS-
SOCIATED SYSTEMS. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—In 
accordance with section 2306b of title 10, United States 
Code, the Secretary of the Navy may enter into a multiyear 
contract, beginning with the fiscal year 2013 program year, 
for the procurement of not more than 10 Arleigh Burke- 
class guided missile destroyers, including the Aegis weapon 
systems, MK 41 vertical launching systems, and commercial 
broadband satellite systems associated with such vessels. 
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(b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 
Secretary of the Navy may enter into a contract, beginning 
in fiscal year 2013, for advance procurement associated 
with the vessels and systems for which authorization to 
enter into a multiyear procurement contract is provided 
under subsection (a). 
(c) CONDITION
FOR
OUT-YEAR
CONTRACT
PAY-
MENTS.—A contract entered into under subsection (a) shall 
provide that any obligation of the United States to make 
a payment under the contract for a fiscal year after fiscal 
year 2013 is subject to the availability of appropriations 
or funds for that purpose for such later fiscal year. 
SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR-
GINIA-CLASS SUBMARINE PROGRAM. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 
(1) IN
GENERAL.—In accordance with section 
2306b of title 10, United States Code, the Secretary 
of the Navy may enter into a multiyear contract, be-
ginning with the fiscal year 2014 program year, for 
the procurement of not more than 10 Virginia-class 
submarines and Government-furnished equipment as-
sociated with the Virginia-class submarine program. 
(2) USE OF INCREMENTAL FUNDING.—The Sec-
retary may use incremental funding with respect to 
a contract entered into under paragraph (1). 
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(b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 
Secretary of the Navy may enter into a contract, beginning 
in fiscal year 2013, for advance procurement associated 
with the vessels and systems for which authorization to 
enter into a multiyear procurement contract is provided 
under subsection (a)(1). 
(c) CONDITION
FOR
OUT-YEAR
CONTRACT
PAY-
MENTS.—A contract entered into under subsection (a)(1) 
shall provide that any obligation of the United States to 
make a payment under the contract for a fiscal year after 
fiscal year 2014 is subject to the availability of appropria-
tions or funds for that purpose for such later fiscal year. 
SEC. 127. REFUELING AND COMPLEX OVERHAUL OF THE 
U.S.S. ABRAHAM LINCOLN. 
(a) REFUELING AND COMPLEX OVERHAUL.—Of the 
funds authorized to be appropriated or otherwise made 
available for fiscal year 2013 for shipbuilding and conver-
sion, Navy, not more than $1,613,392,000 may be obligated 
or expended for the commencement of the nuclear refueling 
and complex overhaul of the U.S.S. Abraham Lincoln 
(CVN–72) during such fiscal year. Such amount shall be 
the first increment in the two-year sequence of incremental 
funding planned for such nuclear refueling and complex 
overhaul. 
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(b) CONTRACT AUTHORITY.—The Secretary of the 
Navy may enter into a contract during fiscal year 2013 
for the nuclear refueling and complex overhaul of the U.S.S. 
Abraham Lincoln. 
(c) CONDITION
FOR
OUT-YEAR
CONTRACT
PAY-
MENTS.—A contract entered into under subsection (b) shall 
provide that any obligation of the United States to make 
a payment under the contract for a fiscal year after fiscal 
year 2013 is subject to the availability of appropriations 
for that purpose for that later fiscal year. 
SEC. 128. REPORT ON LITTORAL COMBAT SHIP DESIGNS. 
Not later than December 31, 2013, the Secretary of the 
Navy shall submit to the congressional defense committees 
a report on the designs of the Littoral Combat Ship, includ-
ing comparative cost and performance information for both 
designs of such ship. 
SEC. 129. COMPTROLLER GENERAL REVIEWS OF LITTORAL 
COMBAT SHIP PROGRAM. 
(a) ACCEPTANCE OF LCS.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a review of the com-
pliance of the Secretary of the Navy with part 246 of 
title 48 of the Code of Federal Regulations and sub-
part 46.5 of the Federal Acquisition Regulation in ac-
cepting the LCS. 
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(2) MATTERS
INCLUDED.—The review under 
paragraph (1) shall include a discussion of the knowl-
edge of, and determinations by, the LCS program of-
fice and contractors with respect to the following: 
(A) Potential for cracks in the LCS hull 
and deckhouse and any corresponding potential 
design risks. 
(B) Chargeable equipment failures. 
(C) Potential for engine failures or break-
downs. 
(D) Meeting key performance parameters, 
including speed. 
(E) Review of the quality of seals and 
welds. 
(F) Review of water jet corrosion. 
(G) Completeness of records to support ac-
ceptance of the LCS. 
(H) How the LCS risk and problems com-
pare to lead ships in comparable programs. 
(I) Security of the ship and systems, includ-
ing any known lapses. 
(J) Manning analysis, including how it 
would affect key performance parameters. 
(K) Strategies for balancing cost, schedule, 
and performance trade-offs as required by section 
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201 of the Weapon Systems Acquisition Reform 
Act of 2009 (Public Law 111–23; 123 Stat. 
1719). 
(b) OPERATIONAL SUPPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Comptroller 
General shall submit to the congressional defense committees 
a report on the operational support and sustainment strat-
egy for the Littoral Combat Ship program, including mod-
ernization and logistics support. 
(c) COOPERATION.—For purposes of conducting the re-
view under subsection (a)(1) and (b), the Secretary of De-
fense shall ensure that the Comptroller General has access 
to— 
(1) all relevant records of the Department; and 
(2) all relevant communications between Depart-
ment officials, whether such communications occurred 
inside or outside the Federal Government. 
SEC. 130. SENSE OF CONGRESS ON IMPORTANCE OF ENGI-
NEERING 
IN 
EARLY 
STAGES 
OF 
SHIP-
BUILDING. 
It is the sense of Congress that— 
(1) placing a priority on engineering dollars in 
the early stages of shipbuilding programs is a vital 
component of keeping cost down; and 
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(2) therefore, the Secretary of the Navy should 
take appropriate steps to prioritize early engineering 
in large ship construction including amphibious class 
ships beginning with the LHA–8. 
SEC. 131. SENSE OF CONGRESS ON MARINE CORPS AMPHIB-
IOUS LIFT AND PRESENCE REQUIREMENTS. 
(a) IN GENERAL.—It is the sense of Congress that— 
(1) the United States Marine Corps is a combat 
force which leverages maneuver from the sea as a force 
multiplier allowing for a variety of operational tasks 
ranging from major combat operations to humani-
tarian assistance; 
(2) the United States Marine Corps is unique in 
that, while embarked upon Naval vessels, they bring 
all the logistic support necessary for the full range of 
military operations, operating ‘‘from the sea’’ they re-
quire no third party host nation permission to con-
duct military operations; 
(3) the Department of the Navy has a require-
ment for 38 amphibious assault ships to meet this full 
range of military operations; 
(4) for budgetary reasons only that requirement 
of 38 vessels was reduced to 33 vessels, which adds 
military risk to future operations; 
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(5) the Department of the Navy has been unable 
to meet even the minimal requirement of 33 oper-
ationally available vessels and has submitted a ship-
building and ship retirement plan to the Congress 
which will reduce the force to 28 vessels; and 
(6) experience has shown that early engineering 
and design of naval vessels has significantly reduced 
the acquisition costs and life-cycle costs of those ves-
sels. 
(b) NEXT GENERATION OF AMPHIBIOUS SHIPS.—In 
light of subsection (a), it is the sense of Congress that— 
(1) the Navy should consider prioritization of in-
vestment in and procurement of the next generation 
of amphibious assault ships; 
(2) the next generation amphibious assault ships 
should maintain survivability protection level II in 
accordance with current Navy ship requirements; 
(3) commonality in hull form design could be a 
desirable element to reduce acquisition and life cycle 
cost; and 
(4) maintaining a robust amphibious ship-
building industrial base is vital for future national 
security. 
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Subtitle D—Air Force Programs 
SEC. 141. RETIREMENT OF B–1 BOMBER AIRCRAFT. 
(a) IN GENERAL.—Section 8062 of title 10, United 
States Code, is amended by adding at the end the following 
new subsection: 
‘‘(h)(1) Beginning October 1, 2011, the Secretary of 
the Air Force may not retire more than six B–1 aircraft. 
‘‘(2) The Secretary shall maintain in a common capa-
bility configuration not less than 36 B–1 aircraft as com-
bat-coded aircraft. 
‘‘(3) In this subsection, the term ‘combat-coded air-
craft’ means aircraft assigned to meet the primary aircraft 
authorization to a unit for the performance of its wartime 
mission.’’. 
(b) CONFORMING AMENDMENT.—Section 132 of the 
National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1320) is amended by strik-
ing subsection (c). 
SEC. 142. MAINTENANCE OF STRATEGIC AIRLIFT AIRCRAFT. 
(a) MODIFICATION TO LIMITATION ON RETIREMENT OF 
C–5 AIRCRAFT.—Section 137(d)(3)(B) of the National De-
fense Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2222) is amended by striking ‘‘316’’ and 
inserting ‘‘301’’. 
(b) REPORT.— 
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(1) IN GENERAL.—Not later than February 1, 
2013, the Commander of the United States Transpor-
tation Command shall submit to the congressional de-
fense committees a report assessing the operational 
risk of meeting the steady-state and warfighting re-
quirements of the commanders of the geographical 
combatant commands with respect to the Secretary of 
the Air Force maintaining an inventory of strategic 
airlift aircraft of less than 301 aircraft. 
(2) MATTERS
INCLUDED.—The report under 
paragraph (1) shall include a description and anal-
ysis of the assumptions made by the Commander with 
respect to— 
(A) aircraft usage rates; 
(B) aircraft mission availability rates; 
(C) aircraft mission capability rates; 
(D) aircrew ratios; 
(E) aircrew production; 
(F) aircrew readiness rates; and 
(G) any other assumption the Commander 
uses to develop such report. 
(3) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
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SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR DI-
VESTMENT OR RETIREMENT OF C–27J AIR-
CRAFT. 
(a) IN GENERAL.—After fiscal year 2013, none of the 
funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2013 for the Air Force may 
be used to divest, retire, or transfer, or prepare to divest, 
retire, or transfer, a C–27J aircraft until a period of 180 
days has elapsed following the date on which— 
(1) the Director of the Congressional Budget Of-
fice submits to the congressional defense committees 
the analysis conducted under subsection (b)(1); and 
(2) the reports under subsections (d)(2) and 
(e)(2) of section 112 of the National Defense Author-
ization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1318) are submitted to the congressional 
defense committees. 
(b) LIFE-CYCLE COST ANALYSIS.— 
(1) CBO.—The Director of the Congressional 
Budget Office shall submit to the congressional defense 
committees a 40-year life-cycle cost analysis of C–27J 
aircraft, C–130H aircraft, and C–130J aircraft. 
(2) MATTERS
INCLUDED.—The life-cycle cost 
analysis conducted under paragraph (1) shall— 
(A) take into account all upgrades and 
modifications required to sustain the aircraft 
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specified in paragraph (1) during a 40-year 
service-life; 
(B) assess the most cost-effective and mis-
sion-effective manner for which C–27J aircraft 
could be affordably fielded by the Air National 
Guard, including by determining— 
(i) the number of basing locations re-
quired; 
(ii) the number of authorized personnel 
associated with a unit’s manning document; 
and 
(iii) the maintenance and sustainment 
strategy required; and 
(C) outline any limiting factors regarding 
the analysis of C–27J aircraft with respect to 
cost assumptions used by the Director in such 
analysis and the actual costs incurred for air-
craft fielded by the Air Force as of the date of 
the analysis. 
(3) COOPERATION.—The Secretary of Defense 
shall provide the Director with any information, in-
cluding original source documentation, the Director 
determines is required to promptly conduct the anal-
ysis under paragraph (1). 
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SEC. 144. LIMITATION ON AVAILABILITY OF FUNDS FOR 
TERMINATION 
OF 
C–130 
AVIONICS 
MOD-
ERNIZATION PROGRAM. 
(a) IN GENERAL.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2013 for the Air Force may be used to terminate 
the C–130 avionics modernization program until a period 
of 180 days has elapsed after the date on which the Sec-
retary of the Air Force submits to the congressional defense 
committees the cost-benefit analysis conducted under sub-
section (b)(1). 
(b) COST-BENEFIT ANALYSIS.— 
(1) FFRDC.—The Secretary shall seek to enter 
into an agreement with the Institute for Defense 
Analyses to conduct an independent cost-benefit anal-
ysis that compares the following alternatives: 
(A) Upgrading and modernizing the legacy 
C–130 airlift fleet using the C–130 avionics 
modernization program. 
(B) Upgrading and modernizing the legacy 
C-130 airlift fleet using a reduced scope program 
for avionics and mission planning systems. 
(2) MATTERS INCLUDED.—The cost-benefit anal-
ysis conducted under paragraph (1) shall take into 
account— 
(A) the effect of life-cycle costs for— 
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(i) each of the alternatives described in 
subparagraphs (A) and (B); and 
(ii) C–130 aircraft that are not up-
graded or modernized; and 
(B) the future costs associated with the po-
tential upgrades to avionics and mission systems 
that may be required in the future for legacy C– 
130 aircraft to remain relevant and mission ef-
fective. 
SEC. 145. REVIEW OF C–130 FORCE STRUCTURE. 
(a) REVIEW.—The Secretary of the Air Force shall 
conduct a review of the C–130 force structure. 
(b) REPORT.—Not later than the date on which the 
budget of the President is submitted to Congress under sec-
tion 1105(a) of title 31, United States Code, for fiscal year 
2014, the Secretary of the Air Force shall submit to the con-
gressional defense committees a report of the review under 
subsection (a), including— 
(1) how the Secretary will determine which C– 
130 aircraft will be retired or relocated during fiscal 
years 2014 through 2018; 
(2) a description of the methodologies underlying 
such determinations, including the factors and as-
sumptions that shaped the specific determinations; 
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(3) the rationale for selecting C–130 aircraft to 
be retired or relocated with respect to such aircraft of 
the regular components and such aircraft of the re-
serve components; and 
(4) details of the costs incurred, avoided, or 
saved with respect to retiring or relocating C–130 air-
craft. 
(c) COMPTROLLER GENERAL REVIEW.—Not later than 
60 days after the date on which the report is submitted 
under subsection (b), the Comptroller General of the United 
States shall submit to the congressional defense committees 
a review of such report, including the costs and benefits of 
the planned retirements and relocations described in such 
report. 
SEC. 146. LIMITATION ON AVAILABILITY OF FUNDS FOR 
EVOLVED 
EXPENDABLE 
LAUNCH 
VEHICLE 
PROGRAM. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) assured access to space remains critical to 
national security; and 
(2) the plan by the Air Force to commit, begin-
ning in fiscal year 2013, to an annual production 
rate of launch vehicle booster cores should maintain 
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mission assurance, stabilize the industrial base, re-
duce costs, and provide opportunities for competition. 
(b) LIMITATION.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2013 for the Air Force for the evolved expendable 
launch vehicle program, 10 percent may not be obligated 
or expended until the date on which the Secretary of the 
Air Force submits to the appropriate congressional commit-
tees— 
(1) a report describing the acquisition strategy 
for such program; and 
(2) written certification that such strategy— 
(A) maintains assured access to space; 
(B) achieves substantial cost savings; and 
(C) provides opportunities for competition. 
(c) MATTERS INCLUDED.—The report under subsection 
(b)(1) shall include the following information: 
(1) The anticipated savings to be realized under 
the acquisition strategy for the evolved expendable 
launch vehicle program. 
(2) The number of launch vehicle booster cores 
covered by the planned contract for such program. 
(3) The number of years covered by such con-
tract. 
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(4) An assessment of when new entrants that 
have submitted a statement of intent will be certified 
to compete for evolved expendable launch vehicle-class 
launches. 
(5) The projected launch manifest, including pos-
sible opportunities for certified new entrants to com-
pete for evolved expendable launch vehicle-class 
launches. 
(6) Any other relevant analysis used to inform 
the acquisition strategy for such program. 
(d) COMPTROLLER GENERAL.— 
(1) REVIEW.—The Comptroller General of the 
United States shall review the report under subsection 
(b)(1). 
(2) SUBMITTAL.—Not later than 30 days after 
the date on which the report under subsection (b)(1) 
is submitted to the appropriate congressional commit-
tees, the Comptroller General shall— 
(A) submit to such committees a report on 
the review under paragraph (1); or 
(B) provide to such committees a briefing 
on such review. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
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(1) The congressional defense committees. 
(2) The Permanent Select Committee on Intel-
ligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate. 
SEC. 147. PROCUREMENT OF SPACE-BASED INFRARED SYS-
TEMS. 
(a) CONTRACT AUTHORITY.— 
(1) IN
GENERAL.—The Secretary of the Air 
Force may procure two space-based infrared systems 
by entering into a fixed-price contract. Such procure-
ment may also include— 
(A) material and equipment in economic 
order quantities when cost savings are achiev-
able; and 
(B) cost reduction initiatives. 
(2) USE OF INCREMENTAL FUNDING.—With re-
spect to a contract entered into under paragraph (1) 
for the procurement of space-based infrared systems, 
the Secretary may use incremental funding for a pe-
riod not to exceed six fiscal years. 
(3) LIABILITY.—A contract entered into under 
paragraph (1) shall provide that any obligation of the 
United States to make a payment under the contract 
is subject to the availability of appropriations for 
that purpose, and that the total liability to the Gov-
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ernment for termination of any contract entered into 
shall be limited to the total amount of funding obli-
gated at the time of termination. 
(b) LIMITATION OF COSTS.— 
(1) LIMITATION.—Except as provided by sub-
section (c), and excluding amounts described in para-
graph (2), the total amount obligated or expended for 
the procurement of two space-based infrared systems 
authorized by subsection (a) may not exceed 
$3,900,000,000. 
(2) EXCLUSION.—The amounts described in this 
paragraph are amounts associated with the following: 
(A) Plans. 
(B) Technical data packages. 
(C) Post-delivery and program support 
costs. 
(D) Technical support for obsolescence stud-
ies. 
(c) WAIVER
AND
ADJUSTMENT
TO
LIMITATION 
AMOUNT.— 
(1) WAIVER.—In accordance with paragraph 
(2), the Secretary may waive the limitation in sub-
section (b)(1) if the Secretary submits to the congres-
sional defense committees written notification of the 
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adjustment made to the amount set forth in such sub-
section. 
(2) ADJUSTMENT.—Upon waiving the limitation 
under paragraph (1), the Secretary may adjust the 
amount set forth in subsection (b)(1) by the following: 
(A) The amounts of increases or decreases 
in costs attributable to economic inflation after 
September 30, 2012. 
(B) The amounts of increases or decreases 
in costs attributable to compliance with changes 
in Federal, State, or local laws enacted after 
September 30, 2012. 
(C) The amounts of increases or decreases 
in costs of the satellites that are attributable to 
insertion of new technology into a space-based 
infrared system, as compared to the technology 
built into such a system procured prior to fiscal 
year 2013, if the Secretary determines, and cer-
tifies to the congressional defense committees, 
that insertion of the new technology is— 
(i) expected to decrease the life-cycle 
cost of the system; or 
(ii) required to meet an emerging 
threat that poses grave harm to national se-
curity. 
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(d) REPORT.—Not later than 30 days after the date 
on which the Secretary awards a contract under subsection 
(a), the Secretary shall submit to the congressional defense 
committees a report on such contract, including the fol-
lowing: 
(1) The total cost savings resulting from the au-
thority provided by subsection (a). 
(2) The type and duration of the contract 
awarded. 
(3) The total contract value. 
(4) The funding profile by year. 
(5) The terms of the contract regarding the treat-
ment of changes by the Federal Government to the re-
quirements of the contract, including how any such 
changes may affect the success of the contract. 
(6) A plan for using cost savings described in 
paragraph (1) to improve the capability of overhead 
persistent infrared, including a description of— 
(A) the available funds, by year, resulting 
from such cost savings; 
(B) the specific activities or subprograms to 
be funded by such cost savings and the funds, by 
year, allocated to each such activity or subpro-
gram; 
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(C) the objectives for each such activity or 
subprogram and the criteria used by the Sec-
retary to determine which such activity or sub-
program to fund; 
(D) the method in which such activities or 
subprograms will be awarded, including whether 
it will be on a competitive basis; and 
(E) the process for determining how and 
when such activities and subprograms would 
transition to an existing program or be estab-
lished as a new program of record. 
Subtitle E—Joint and Multiservice 
Matters 
SEC. 151. REQUIREMENT TO SET F–35 AIRCRAFT INITIAL 
OPERATIONAL CAPABILITY DATES. 
(a) F–35A.—Not later than December 31, 2012, the 
Secretary of the Air Force shall— 
(1) establish the initial operational capability 
date for the F–35A aircraft; and 
(2) submit to the congressional defense commit-
tees a report on the details of such initial operational 
capability. 
(b) F–35B AND F–35C.—Not later than December 31, 
2012, the Secretary of the Navy shall— 
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(1) establish the initial operational capability 
dates for the F–35B and F–35C aircraft; and 
(2) submit to the congressional defense commit-
tees a report on the details of such initial operational 
capabilities for both variants. 
SEC. 152. LIMITATION ON AVAILABILITY OF FUNDS FOR RE-
TIREMENT 
OF 
RQ–4 
GLOBAL 
HAWK 
UN-
MANNED AIRCRAFT SYSTEMS. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2013 for the Department of Defense may be obli-
gated or expended to retire, prepare to retire, or place in 
storage an RQ–4 Block 30 Global Hawk unmanned aircraft 
system. 
(b) MAINTAINED LEVELS.—During the period pre-
ceding December 31, 2014, in supporting the operational 
requirements of the combatant commands, the Secretary of 
the Air Force shall maintain the operational capability of 
each RQ–4 Block 30 Global Hawk unmanned aircraft sys-
tem belonging to the Air Force or delivered to the Air Force 
during such period. 
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SEC. 153. COMMON DATA LINK FOR MANNED AND UN-
MANNED 
INTELLIGENCE, 
SURVEILLANCE, 
AND RECONNAISSANCE SYSTEMS. 
Section 141 of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3164), as amended by section 143 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2223), is amended by adding at the end the 
following new subsection: 
‘‘(e) STANDARDS IN SOLICITATIONS.—The Secretary of 
Defense shall ensure that a solicitation for a common data 
link described in subsection (a)— 
‘‘(1) complies with the most recently issued com-
mon data link specification standard of the Depart-
ment of Defense as of the date of the solicitation; and 
‘‘(2) does not include any proprietary or un-
documented interface or waveform as a requirement 
or criterion for evaluation.’’. 
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2013 for the use of the Department of Defense for 
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research, development, test, and evaluation as specified in 
the funding table in section 4201. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. NEXT-GENERATION LONG-RANGE STRIKE BOMBER 
AIRCRAFT 
NUCLEAR 
CERTIFICATION 
RE-
QUIREMENT. 
The Secretary of the Air Force shall ensure that the 
next-generation long-range strike bomber is— 
(1) capable of carrying strategic nuclear weap-
ons as of the date on which such aircraft achieves ini-
tial operating capability; and 
(2) certified to use such weapons by not later 
than two years after such date. 
SEC. 212. UNMANNED COMBAT AIR SYSTEM. 
The Secretary of the Navy shall— 
(1) conduct additional technology development 
risk reduction activities using the unmanned combat 
air system; and 
(2) preserve a competitive acquisition environ-
ment for the Unmanned Carrier-launched Surveil-
lance and Strike system program. 
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SEC. 213. EXTENSION OF LIMITATION ON AVAILABILITY OF 
FUNDS FOR UNMANNED CARRIER-LAUNCHED 
SURVEILLANCE AND STRIKE SYSTEM PRO-
GRAM. 
(a) EXTENSION OF LIMITATION.—Subsection (a) of 
section 213 of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1330) is 
amended by inserting ‘‘or fiscal year 2013’’ after ‘‘fiscal 
year 2012’’. 
(b) TECHNOLOGY DEVELOPMENT PHASE.—Such sec-
tion is further amended by adding at the end the following 
new subsection: 
‘‘(d) TECHNOLOGY DEVELOPMENT AND CRITICAL DE-
SIGN PHASES.— 
‘‘(1) CONTRACTORS.—The Secretary of the Navy 
may not reduce the number of prime contractors 
working on the Unmanned Carrier-launched Surveil-
lance and Strike system program to one prime con-
tractor for the technology development phase of such 
program prior to the program achieving the critical 
design review milestone. 
‘‘(2) CRITICAL DESIGN REVIEW.—The Unmanned 
Carrier-launched Surveillance and Strike system pro-
gram may not achieve the critical design review mile-
stone until on or after October 1, 2016.’’. 
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(c) TECHNICAL AMENDMENT.—Such section is further 
amended by striking ‘‘Future Unmanned Carrier-based 
Strike System’’ each place it appears and inserting ‘‘Un-
manned Carrier-launched Surveillance and Strike system’’. 
SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR FU-
TURE MANNED GROUND MOVING TARGET IN-
DICATOR CAPABILITY OF THE AIR FORCE. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2013 for research, development, test, and evalua-
tion, Air Force, may be obligated or expended for any activ-
ity, including pre-Milestone A activities, to initiate a new 
start acquisition program to provide the Air Force with a 
manned ground moving target indicator capability or 
manned dismount moving target indicator capability until 
a period of 90 days has elapsed following the date on which 
the Secretary of the Air Force submits the report under sub-
section (b)(1). 
(b) REPORT.— 
(1) IN
GENERAL.—The Secretary of the Air 
Force shall submit to the congressional defense com-
mittees a report on the plan of the future manned 
ground moving target and manned dismount moving 
target indicator capabilities of the Air Force. 
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(2) MATTERS
INCLUDED.—The report under 
paragraph (1) shall include the following: 
(A) The plan to maintain onboard com-
mand and control capability that is equal to or 
better than such capability provided by the E– 
8C joint surveillance target attack radar pro-
gram. 
(B) Each analysis of alternatives completed 
during fiscal year 2012 regarding future manned 
ground moving target indicator capability or 
manned dismount moving target indicator capa-
bility. 
(C) With respect to each new program ana-
lyzed in an analysis of alternatives described in 
subparagraph (B)— 
(i) the development, procurement, and 
sustainment cost estimates for such pro-
gram; and 
(ii) a description of how such program 
will affect the potential growth of future 
manned ground moving target indicator ca-
pability or manned dismount moving target 
indicator capability. 
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(D) A description of potential operational 
and sustainment cost savings realized by the Air 
Force using a platform that is— 
(i) derived from commercial aircraft; 
and 
(ii) in operation by the Department of 
Defense as of the date of the report. 
(E) The plan by the Secretary of Defense to 
retire or replace E–8C joint surveillance target 
attack radar aircraft. 
(F) Any other matter the Secretary con-
siders appropriate. 
(c) WAIVER.—The Secretary may waive the limitation 
in subsection (a) if the Secretary— 
(1) determines that such waiver is required to 
meet an urgent operational need or other emergency 
contingency requirement directly related to ongoing 
combat operations; and 
(2) notifies the congressional defense committees 
of such determination. 
SEC. 215. LIMITATION ON AVAILABILITY OF FUNDS FOR 
MILESTONE A ACTIVITIES FOR THE MQ–18 UN-
MANNED AIRCRAFT SYSTEM. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
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fiscal year 2013 for research, development, test, and evalua-
tion, Army, may be obligated or expended for Milestone A 
activities with respect to the MQ–18 medium-range multi- 
purpose vertical take-off and landing unmanned aircraft 
system until— 
(1) the Chairman of the Joint Requirements 
Oversight Council certifies in writing to the appro-
priate congressional committees that— 
(A) such system is required to meet a capa-
bility in the manned and unmanned medium-al-
titude intelligence, surveillance, and reconnais-
sance force structure of the Department of De-
fense; and 
(B) an existing unmanned aircraft system 
cannot meet such capability or be modified to 
meet such capability; and 
(2) a period of 30 days has elapsed following the 
date on which the Chairman submits the certification 
under paragraph (1). 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Appropriations, and the Perma-
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nent Select Committee on Intelligence of the 
House of Representatives; and 
(B) the Committee on Armed Services, the 
Committee on Appropriations, and the Select 
Committee on Intelligence of the Senate. 
(2) The term ‘‘Milestone A activities’’ means, 
with respect to an acquisition program of the Depart-
ment of Defense— 
(A) the distribution of request for proposals; 
(B) the selection of technology demonstra-
tion contractors; and 
(C) technology development. 
SEC. 216. VERTICAL LIFT PLATFORM TECHNOLOGY DEM-
ONSTRATIONS. 
(a) IN GENERAL.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fiscal 
year 2013 for joint capability technology demonstrations, 
the Under Secretary of Defense for Acquisition, Technology, 
and Logistics may obligate or expend not more than 
$5,000,000 to carry out a program to develop and flight- 
demonstrate vertical lift platform technologies that address 
the capability gaps described in the Future Vertical Lift 
Strategic Plan of the Department of Defense submitted to 
Congress in August 2010. 
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(b) GOALS AND OBJECTIVES.—The Under Secretary 
shall ensure that the program under subsection (a) has the 
following goals and objectives: 
(1) To develop innovative vertical lift platform 
technologies that address capability gaps in speed, 
range, ceiling, survivability, reliability, and afford-
ability applicable to both current and future rotor-
craft of the Department of Defense. 
(2) To flight-demonstrate such vertical lift tech-
nologies no later than 2016. 
(3) To accelerate the development and transition 
of innovative vertical lift technologies by promoting 
the formation of competitive teams of small business 
working in collaboration with large contractors and 
academia. 
Subtitle C—Missile Defense 
Programs 
SEC. 221. PROCUREMENT OF AN/TPY–2 RADARS. 
(a) PROCUREMENT.—The Secretary of Defense shall 
procure two AN/TPY–2 radars. 
(b) REPORT.—The Secretary of Defense shall submit 
to the congressional defense committees a report on the fea-
sibility of developing an AN/TPY–2 radar on a rotational 
table to allow the radar to quickly change directions. 
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SEC. 222. DEVELOPMENT OF ADVANCED KILL VEHICLE. 
Not later than 180 days after the date of the enactment 
of this Act, the Director of the Missile Defense Agency shall 
submit to the congressional defense committees a report that 
includes— 
(1) a plan to provide that the new advanced kill 
vehicle on the standard missile–3 block IIB inter-
ceptor shall have the capability of being used for the 
ground-based midcourse defense program; and 
(2) a description of the technology of and concept 
behind applying the former multiple kill vehicle con-
cept to the new vehicle described in paragraph (1). 
SEC. 223. MISSILE DEFENSE SITE ON THE EAST COAST. 
(a) OPERATIONAL SITE.—The Secretary of Defense 
shall ensure that a covered missile defense site on the East 
Coast of the United States is operational by not later than 
December 31, 2015. 
(b) CONSIDERATION OF LOCATION.— 
(1) STUDY.—Not later than December 31, 2013, 
the Secretary of Defense shall conduct a study evalu-
ating three possible locations selected by the Director 
of the Missile Defense Agency for a covered missile de-
fense site on the East Coast of the United States. 
(2) EIS.—The Secretary shall prepare an envi-
ronmental impact statement in accordance with the 
National Environmental Policy Act of 1969 (42 
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U.S.C. 4321 et seq.) for each location evaluated under 
paragraph (1). 
(3) LOCATION.—In selecting the three possible lo-
cations for a covered missile defense site under para-
graph (1), the Secretary should— 
(A) take into consideration— 
(i) the strategic location of the pro-
posed site; and 
(ii) the proximity of the proposed site 
to major population centers; and 
(B) give priority to a proposed site that— 
(i) is operated or supported by the De-
partment of Defense; 
(ii) lacks encroachment issues; and 
(iii) has a controlled airspace. 
(c) PLAN.— 
(1) IN GENERAL.—The Director of the Missile 
Defense Agency shall develop a plan to deploy an ap-
propriate missile defense interceptor for a missile de-
fense site on the East Coast. 
(2) MATTERS
INCLUDED.—In developing the 
plan under paragraph (1), the Director shall evaluate 
the use of— 
(A) two- or three-stage ground-based inter-
ceptors; and 
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(B) standard missile–3 interceptors, includ-
ing block IA, block IB, and for a later deploy-
ment, block IIA or block IIB interceptors. 
(3) SUBMISSION.—The Director shall submit to 
the President the plan under paragraph (1) for inclu-
sion with the budget materials submitted to Congress 
under section 1105(a) of title 31, United States Code, 
for fiscal year 2014. 
(4) FUNDING.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for 
fiscal year 2013 for the Missile Defense Agency, 
$100,000,000 may be obligated or expended to carry 
out the plan developed under paragraph (1) after a 
period of 30 days has elapsed following the date on 
which the congressional defense committees receive the 
plan pursuant to paragraph (3). 
(d) COVERED MISSILE DEFENSE SITE.—In this sec-
tion, the term ‘‘covered missile defense site’’ means a missile 
defense site that uses— 
(1) ground-based interceptors; or 
(2) standard missile–3 interceptors. 
SEC. 224. GROUND-BASED MIDCOURSE DEFENSE SYSTEM. 
(a) GMD SYSTEM.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fiscal 
year 2013 for the Department of Defense, not less than 
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$1,261,000,000 shall be made available for the ground-based 
midcourse defense system, as specified in the funding table 
in section 4201. 
(b) CERTAIN PROGRAMS OF THE GMD SYSTEM.— 
(1) EKV.—The Secretary of Defense shall com-
plete the refurbishment of the CE1 exoatmospheric kill 
vehicle-equipped ground-based interceptors. 
(2) MF-1.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for 
fiscal year 2013 for the ground-based midcourse de-
fense system, not less than $205,000,000 shall be obli-
gated or expended to upgrade Missile Field 1 at Fort 
Greely, Alaska. 
SEC. 225. GROUND-BASED MIDCOURSE DEFENSE INTER-
CEPTOR TEST. 
Not later than December 31, 2013, the Secretary of De-
fense shall conduct an intercontinental ballistic missile test 
of the ground-based midcourse defense program using a 
ground-based 
interceptor 
equipped 
with 
a 
CE1 
exoatmospheric kill vehicle. 
SEC. 226. DEPLOYMENT OF SM–3 IIB INTERCEPTORS ON 
LAND AND SEA. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that standard missile–3 block IIB interceptors should be 
deployable in both land-based and sea-based modes by the 
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date on which such interceptors achieve initial operating 
capability. 
(b) LAND AND SEA MODES.—The Secretary of Defense 
shall ensure that standard missile–3 block IIB interceptors 
are deployable using both land-based and sea-based systems 
by the date on which such interceptors achieve initial oper-
ating capability. 
(c) REPORT.— 
(1) FORCE
STRUCTURE.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary shall submit to the congressional defense 
committees a report on how the deployment of stand-
ard missile–3 block IIB interceptors affects the force 
structure of the Navy. 
(2) MATTERS
INCLUDED.—The report under 
paragraph (1) shall include the following: 
(A) The implications for the force structure 
of the Navy if standard missile–3 block IIB 
interceptors cannot fit in the standard vertical 
launching system configuration for the Aegis bal-
listic missile defense system, including the impli-
cations regarding— 
(i) ship deployments; 
(ii) cost; and 
(iii) ability to respond to raids. 
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(B) An explanation for how standard mis-
sile–3 block IIB interceptors would be used, at 
initial operating capability, for the defense of the 
United States from threats originating in the 
Pacific region if such interceptors are not 
deployable in a sea-based mode, including an ex-
planation of cost and force structure require-
ments. 
SEC. 227. IRON DOME SHORT-RANGE ROCKET DEFENSE 
PROGRAM. 
(a) AVAILABILITY OF FUNDS.— 
(1) IN GENERAL.—Of the funds authorized to be 
appropriated by section 201 for research, develop-
ment, test, and evaluation, Defense-wide, as specified 
in the funding table in section 4201, or otherwise 
made available for the Department of Defense for fis-
cal years 2012 through 2015, the Secretary of Defense 
may provide up to $680,000,000 to the Government 
of Israel for the procurement of additional batteries 
and interceptors under the Iron Dome short-range 
rocket defense system and for related operations and 
sustainment expenses. 
(2) AVAILABILITY.—Funds made available for 
fiscal year 2012 or 2013 to carry out paragraph (1) 
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are authorized to remain available until September 
30, 2014. 
(b) OFFICE.—The Secretary of Defense shall establish 
within the Missile Defense Agency of the Department of De-
fense an office to carry out subsection (a) and other matters 
relating to assistance for Israel’s Iron Dome short-range 
rocket defense system. 
SEC. 228. SEA-BASED X-BAND RADAR. 
The Director of the Missile Defense Agency shall ensure 
that the sea-based X-band radar is maintained in a status 
such that the radar may be deployed in less than 14 days 
and for at least 60 days each year. 
SEC. 229. PROHIBITION ON THE USE OF FUNDS FOR THE 
MEADS PROGRAM. 
None of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2013 for the 
Department of Defense may be obligated or expended for 
the medium extended air defense system. 
SEC. 230. LIMITATION ON AVAILABILITY OF FUNDS FOR 
PHASED, ADAPTIVE APPROACH TO MISSILE 
DEFENSE IN EUROPE. 
(a) LIMITATION.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2013 for covered missile defense activities, not more 
than 75 percent may be obligated or expended until— 
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(1) the Secretary of Defense and the Secretary of 
State jointly submit to the appropriate congressional 
committees— 
(A) a report on the cost-sharing arrange-
ments for the phased, adaptive approach to mis-
sile defense in Europe; and 
(B) written certification that a proportional 
share, as determined by the Secretaries, of the 
costs for such approach to missile defense will be 
provided by members of the North Atlantic Trea-
ty Organization other than the United States; 
and 
(2) the Secretary of Defense— 
(A) submits a NATO prefinancing request 
for consideration of expenses regarding such ap-
proach to missile defense (excluding such ex-
penses related to military construction described 
in section 2403(b)); and 
(B) submits to the appropriate congres-
sional committees the response by the NATO Sec-
retary General or the North Atlantic Council to 
such request. 
(b) WAIVER.—The President may waive the limitation 
in subsection (a) with respect to a specific project of a cov-
ered missile defense activity if the President submits to the 
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appropriate congressional committees and the written cer-
tification that the waiver for such project is vital to the 
national security interests of the United States. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Foreign Affairs of 
the House of Representatives and the Committee 
on Foreign Relations of the Senate. 
(2) The term ‘‘covered missile defense activities’’ 
means, with respect to the phased, adaptive approach 
to missile defense in Europe, activities regarding— 
(A) Aegis ashore sites; or 
(B) an AN/TPY–2 radar located in Turkey. 
SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS FOR 
THE PRECISION TRACKING SPACE SYSTEM. 
(a) INITIAL LIMITATION.—None of the funds author-
ized to be appropriated by this Act or otherwise made avail-
able for fiscal year 2013 for the precision tracking space 
system may be obligated or expended until the date on 
which— 
(1) a federally funded research and development 
center begins the analysis under subsection (b)(1); 
and 
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(2) the terms of reference for the analysis are 
submitted to the congressional defense committees. 
(b) ANALYSIS OF ALTERNATIVES.— 
(1) FFRDC.—The Director of the Missile De-
fense Agency shall enter into an agreement with a 
federally funded research and development center that 
has not previously been involved with the precision 
tracking space system to conduct an analysis of alter-
natives of such program. 
(2) BASIS
OF
ANALYSIS.—The analysis under 
paragraph (1) shall be based on a clear articulation 
by the Director of— 
(A) the ground-based sensors that will be re-
quired to be maintained to aid the precision 
tracking space system constellation; 
(B) the number of satellites to be procured 
for a first constellation, including the projected 
lifetime of such satellites in the first constella-
tion, and the number projected to be procured for 
a first and, if applicable, second replenishment; 
(C) the technological and acquisition risks 
of such system; 
(D) an evaluation of the technological capa-
bility differences between the precision tracking 
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space system sensor and the space tracking and 
surveillance system sensor; and 
(E) the cost differences, as confirmed by the 
Director of Cost Assessment and Program Eval-
uation, between such systems, including costs re-
lating to launch services. 
(3) ANALYSIS.—In conducting the analysis 
under paragraph (1), the federally funded research 
and development center shall— 
(A) appoint a panel of independent study 
leaders for such analysis; 
(B) evaluate whether the precision tracking 
space system, as planned by the Director in the 
budget submitted to Congress under section 1105 
of title 31, United States Code, for fiscal year 
2013, is the lowest cost sensor option with respect 
to land-, air-, or space-based sensors, or a com-
bination thereof, to improve the homeland mis-
sile defense of the United States, including by 
adding discrimination capability to the ground- 
based midcourse defense system; 
(C) examine the overhead persistent infra-
red data or other data that is available as of the 
date of the analysis that is not being used; 
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(D) determine how using the data described 
in subparagraph (C) could improve sensor cov-
erage for the homeland missile defense of the 
United States and regional missile defense capa-
bilities; 
(E) study the plans of the Director to inte-
grate the precision tracking space system concept 
into the ballistic missile defense system and 
evaluate the concept or operations of such use; 
and 
(F) consider the agreement entered into 
under subsection (d)(1). 
(4) COST
DETERMINATION.—In determining 
costs under the analysis under paragraph (1), the fed-
erally funded research and development center shall 
take into account acquisition costs and operation and 
sustainment costs during the initial ten-year and 
twenty-year periods. 
(c) FURTHER LIMITATION.— 
(1) SUBMITTAL AND WAIT.—Except as provided 
by paragraph (2), none of the funds authorized to be 
appropriated by this Act or otherwise made available 
for fiscal year 2013 for the precision tracking space 
system may obligated or expended until— 
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(A) the Director submits to the congres-
sional defense committees the analysis under sub-
section (b)(1); and 
(B) a period of 60 days has elapsed fol-
lowing the date of such submittal. 
(2) EXCEPTION.—The limitation in paragraph 
(1) shall not apply to funds described in such para-
graph that are obligated or expended for technology 
development activities. 
(d) MEMORANDUM OF AGREEMENT.— 
(1) IN GENERAL.—The Director shall enter into 
a memorandum of agreement with the Commander of 
the Air Force Space Command with respect to the 
space situational awareness capabilities, require-
ments, design, and cost-sharing of the precision track-
ing space system. 
(2) SUBMITTAL.—The Director shall submit to 
the congressional defense committees the agreement 
entered into under paragraph (1). 
SEC. 232. PLAN TO IMPROVE DISCRIMINATION AND KILL AS-
SESSMENT CAPABILITY OF BALLISTIC MIS-
SILE DEFENSE SYSTEMS. 
(a) PLAN.—The Director of the Missile Defense Agency 
shall develop a plan to improve the discrimination and kill 
assessment capability of ballistic missile defense systems, 
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particularly with respect to the ground-based midcourse de-
fense system. 
(b) SUBMISSION.—Not later than December 31, 2012, 
the Director shall— 
(1) transmit to the Secretary of Defense the plan 
under subsection (a) to be used in the budget mate-
rials submitted to the President by the Secretary in 
connection with the submission to Congress, pursuant 
to section 1105 of title 31, United States Code, of the 
budget for fiscal year 2014; and 
(2) submit to the congressional defense commit-
tees such plan. 
SEC. 233. PLAN TO INCREASE RATE OF FLIGHT TESTS OF 
GROUND-BASED MIDCOURSE DEFENSE SYS-
TEM. 
(a) PLAN.— 
(1) IN GENERAL.—The Director of the Missile 
Defense Agency shall develop a plan to increase the 
rate of flight tests and ground tests of the ground- 
based midcourse defense system. 
(2) RATE
OF
PLANNED
FLIGHT
TESTS.—The 
plan under paragraph (1) shall ensure that there are 
at least three flight tests conducted during every two- 
year period unless the Director submits to the con-
gressional defense committees— 
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(A) written certification that such rate of 
tests is not feasible or cost-effective; and 
(B) an analysis explaining the reasoning of 
such certification. 
(b) SUBMISSION.—Not later than December 31, 2012, 
the Director shall— 
(1) transmit to the Secretary of Defense the plan 
under subsection (a)(1) to be used in the budget mate-
rials submitted to the President by the Secretary in 
connection with the submission to Congress, pursuant 
to section 1105 of title 31, United States Code, of the 
budget for fiscal year 2014; and 
(2) submit to the congressional defense commit-
tees such plan. 
SEC. 234. REPORT ON REGIONAL MISSILE DEFENSE ARCHI-
TECTURES. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense, in coordination with 
the Chairman of the Joint Chiefs of Staff, shall submit to 
the congressional defense committees a report on— 
(1) the regional missile defense architectures, in-
cluding the force structure and inventory require-
ments derived from such architectures; and 
(2) the comprehensive force management process 
to evaluate such requirements, including the capa-
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bility, deployment, and resource outcomes that such 
process has determined. 
SEC. 235. USE OF FUNDS FOR CONVENTIONAL PROMPT 
GLOBAL STRIKE PROGRAM. 
The Secretary of Defense shall ensure that any funds 
authorized to be appropriated by this Act or otherwise made 
available for fiscal year 2013 for ground-testing activities 
of the conventional prompt global strike program are obli-
gated or expended using competitive solicitation procedures 
to involve industry as well as government partners. 
SEC. 236. TRANSFER OF AEGIS WEAPON SYSTEM EQUIP-
MENT TO MISSILE DEFENSE AGENCY. 
(a) TRANSFER BY NAVY.—In accordance with section 
230, the Secretary of the Navy may— 
(1) transfer to the Director of the Missile Defense 
Agency Aegis weapon system equipment with ballistic 
missile defense capability for use by the Director in 
the Aegis ashore site in the country the Director has 
designated as ‘‘Host Nation 1’’; 
(2) in ensuring the shipbuilding schedules of 
ships affected by this section— 
(A) obligate or expend unobligated funds 
made available for fiscal year 2012 for ship-
building and conversion, Navy, for the DDG–51 
Destroyer to deliver complete, mission-ready 
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Aegis weapon system equipment with ballistic 
missile defense capability to a DDG–51 De-
stroyer for which funds were made available for 
fiscal year 2012 under shipbuilding and conver-
sion, Navy; or 
(B) use any Aegis weapon system equip-
ment acquired using such funds to deliver com-
plete, mission-ready Aegis weapon system equip-
ment with ballistic missile defense capability to 
a DDG–51 Destroyer for which funds were made 
available for fiscal year 2012 under shipbuilding 
and conversion, Navy; and 
(3) treat equipment transferred to the Secretary 
under subsection (b) as equipment acquired using 
funds made available under shipbuilding and conver-
sion, Navy, for purposes of completing the construc-
tion and outfitting of such equipment. 
(b) TRANSFER BY MDA.—In accordance with section 
230, upon the receipt of any equipment under subsection 
(a), the Director of the Missile Defense Agency shall transfer 
to the Secretary of the Navy Aegis weapon system equip-
ment with ballistic missile defense capability procured by 
the Director for installation in a shore-based Aegis weapon 
system for use by the Secretary in the DDG–51 Destroyer 
program. 
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Subtitle D—Reports 
SEC. 241. STUDY ON ELECTRONIC WARFARE CAPABILITIES 
OF THE MARINE CORPS. 
(a) STUDY.—The Commandant of the Marine Corps 
shall conduct a study on the future capabilities of the Ma-
rine Corps with respect to electronic warfare. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Com-
mandant shall submit to the congressional defense 
committees a report on the study conducted under 
subsection (a). 
(2) MATTERS
INCLUDED.—The report under 
paragraph (1) shall include the following: 
(A) A detailed plan for EA–6B Prowler air-
craft squadrons. 
(B) A solution for the replacement of such 
aircraft. 
(C) Concepts of operation for future air- 
ground task force electronic warfare capabilities 
of the Marine Corps. 
(D) Any other issues that the Commandant 
determines appropriate. 
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SEC. 242. NATIONAL RESEARCH COUNCIL REVIEW OF DE-
FENSE SCIENCE AND TECHNICAL GRADUATE 
EDUCATION NEEDS. 
(a) REVIEW.—The Secretary of Defense shall enter into 
an agreement with the National Research Council to con-
duct a review of specialized degree-granting graduate pro-
grams of the Department of Defense in engineering, applied 
sciences, and management. 
(b) MATTERS INCLUDED.—At a minimum, the review 
under subsection (a) shall address— 
(1) the need by the Department of Defense and 
the military departments for military and civilian 
personnel with advanced degrees in engineering, ap-
plied sciences, and management, including a list of 
the numbers of such personnel needed by discipline; 
(2) an analysis of the sources by which the De-
partment of Defense and the military departments ob-
tain military and civilian personnel with such ad-
vanced degrees; 
(3) the need for educational institutions under 
the Department of Defense to meet the needs identified 
in paragraph (1); 
(4) the costs and benefits of maintaining such 
educational institutions, including costs relating to 
directed research; 
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(5) the ability of private institutions or distance- 
learning programs to meet the needs identified in 
paragraph (1); 
(6) existing organizational structures, including 
reporting chains, within the military departments to 
manage the graduate education needs of the Depart-
ment of Defense and the military departments; and 
(7) recommendations for improving the ability of 
the Department of Defense to identify, manage, and 
source the graduate education needs of the Depart-
ment. 
(c) REPORT.—Not later than 30 days after the date 
on which the review under subsection (a) is completed, the 
Secretary shall submit to the congressional defense commit-
tees a report on the results of such review. 
SEC. 243. REPORT ON THREE-DIMENSIONAL INTEGRATED 
CIRCUIT MANUFACTURING CAPABILITIES. 
(a) ASSESSMENT.—The Secretary of Defense shall con-
duct a comprehensive assessment regarding the manufac-
turing capability of the United States to produce three-di-
mensional integrated circuits to serve the national defense 
interests of the United States. 
(b) ELEMENTS.—The assessment under subsection (a) 
shall include— 
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(1) an assessment of the military requirements 
for using three-dimensional integrated circuits in fu-
ture microelectronic systems; 
(2) an assessment of the current domestic com-
mercial capability to develop and manufacture three- 
dimensional integrated circuits for use in military 
systems, including a plan for alternative sources to 
supply such circuits in case of shortages in the domes-
tic supply; and 
(3) an assessment of the feasibility, as well as 
planning and design requirements, for the develop-
ment of a domestic manufacturing capability for 
three-dimensional integrated circuits. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall submit to 
the congressional defense committees a report on the assess-
ment under subsection (a). 
(d) FORM.—The report under subsection (c) shall be 
submitted in unclassified form, but may include a classified 
annex. 
SEC. 244. REPORT ON EFFORTS TO FIELD NEW DIRECTED 
ENERGY WEAPONS. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report 
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summarizing efforts within the Department of Defense to 
transition mature and maturing directed energy tech-
nologies to new operational weapon systems during the five- 
to- ten-year period beginning on the date of the report. 
(b) MATTERS INCLUDED.—The report under subsection 
(a) shall include the following: 
(1) Thorough assessments of— 
(A) the maturity of high-energy laser, high- 
power microwave, and millimeter wave non-le-
thal technologies, both domestically and foreign; 
(B) missions for which directed energy 
weapons could be used to substantially enhance 
the current and planned military capabilities of 
the United States; 
(C) the potential for new directed energy 
systems to reduce requirements for expendable 
air and missile defense weapons; 
(D) the status of and prognosis for foreign 
directed energy programs; 
(E) the potential vulnerabilities of military 
systems of the United States to foreign directed 
energy weapons and efforts by the Secretary to 
mitigate such vulnerabilities; and 
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(F) a summary of actions the Secretary is 
taking to ensure that the military will be the 
global leader in directed energy capabilities. 
(2) In light of the suitability of surface ships to 
support a solid-state laser weapon based on mature 
and maturing technologies, whether— 
(A) the Department of the Navy should be 
designated as lead service for fielding a 100 to 
200 kilowatt-class laser to defend surface ships 
against unmanned aircraft, cruise missile, and 
fast attack craft threats; and 
(B) the Secretary of the Navy should ini-
tiate a program of record to begin fielding a 
ship-based solid-state laser weapon system. 
(3) In light of the potential effectiveness of high- 
power microwave weapons against sensors, battle 
management, and integrated air defense networks, 
whether— 
(A) the Department of the Navy and the De-
partment of the Air Force should be designated 
as lead services for integrating high-power 
microwave weapons on small air vehicles, in-
cluding cruise missiles and unmanned aircraft; 
and 
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(B) the Secretary of the Air Force should 
initiate a program of record to field a cruise 
missile- or unmanned air vehicle-based high- 
power microwave weapon. 
(4) In light of the potential of mature chemical 
laser technologies to counter air and ballistic missile 
threats from relocatable fixed sites, whether the Sec-
retary of the Army should initiate a program of 
record to develop and field a multi-megawatt class 
chemical laser weapon system to defend forward air-
fields, ports, and other theater bases critical to future 
operations. 
(5) Whether the investments by the Secretary of 
Defense in high-energy laser weapons research, devel-
opment, test, and evaluation are appropriately 
prioritized across each military department and de-
fense-wide accounts to support the weaponization of 
mature and maturing directed energy technologies 
during the five- to- ten-year period beginning on the 
date of the report, including whether sufficient funds 
are allocated within budget area 4 and higher ac-
counts to prepare for near term weaponization oppor-
tunities. 
(c) FORM.—The report under subsection (a) shall be 
unclassified, but may include a classified annex. 
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Subtitle E—Other Matters 
SEC. 251. ELIGIBILITY FOR DEPARTMENT OF DEFENSE LAB-
ORATORIES TO ENTER INTO EDUCATIONAL 
PARTNERSHIPS WITH EDUCATIONAL INSTI-
TUTIONS IN TERRITORIES AND POSSESSIONS 
OF THE UNITED STATES. 
(a) ELIGIBILITY OF INSTITUTIONS IN TERRITORIES 
AND POSSESSIONS.—Section 2194(f) of title 10, United 
States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(3) The term ‘United States’ includes the Com-
monwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, and any other territory or 
possession of the United States.’’. 
(b) TECHNICAL AMENDMENT.—Paragraph (2) of such 
section is amended by inserting ‘‘(20 U.S.C. 7801)’’ before 
the period. 
SEC. 252. REGIONAL ADVANCED TECHNOLOGY CLUSTERS. 
(a) DEVELOPMENT OF INNOVATIVE ADVANCED TECH-
NOLOGIES.—The Secretary of Defense may use the research 
and engineering network of the Department of Defense, in-
cluding the organic industrial base, to support regional ad-
vanced technology clusters established by the Secretary of 
Commerce to encourage the development of innovative ad-
vanced technologies, including advanced robotics, advanced 
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defense systems, power and energy innovations, systems to 
mitigate manmade and naturally occurring electromagnetic 
pulse or high-powered microwaves, cybersecurity and ap-
plied lightweight materials, to address national security 
and homeland defense challenges. 
(b) DESIGNATION OF LEAD OFFICE.—Not later than 
60 days after the date of the enactment of this Act, the 
Under Secretary of Defense for Acquisition, Technology, 
and Logistics shall— 
(1) designate an office within the Department of 
Defense with the lead responsibility for enhancing the 
use of regional advanced technology clusters by the 
Department; and 
(2) notify the appropriate congressional commit-
tees of such designation. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Under Secretary shall sub-
mit to the appropriate congressional committees a report 
describing— 
(1) the participation of the Department of De-
fense in regional advanced technology clusters; 
(2) implementation by the Department of proc-
esses and tools to facilitate collaboration with the 
clusters; and 
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(3) agreements established by the Department 
with the Department of Commerce to jointly support 
the continued growth of the clusters. 
(d) COLLABORATION.—The Secretary of Defense may 
meet, collaborate, and share resources with other Federal 
agencies for purposes of assisting in the expansion of re-
gional advanced technology clusters under this section. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(C) the Committee on Energy and Com-
merce of the House of Representatives. 
(2) The term ‘‘regional advanced technology clus-
ters’’ means geographic centers focused on building 
science and technology-based innovation capacity in 
areas of local and regional strength to foster economic 
growth and improve quality of life. 
SEC. 253. BRIEFING ON POWER AND ENERGY RESEARCH 
CONDUCTED AT UNIVERSITY AFFILIATED RE-
SEARCH CENTER. 
Not later than February 28, 2013, the Secretary of De-
fense shall brief the Committees on Armed Services of the 
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Senate and House of Representatives on power and energy 
research conducted at the University Affiliated Research 
Centers. The briefing shall include— 
(1) a description of research conducted with 
other university based energy centers; and 
(2) a description of collaboration efforts with 
university-based research centers on energy research 
and development activities, particularly with centers 
that have an expertise in energy efficiency and renew-
able energy, including— 
(A) lighting; 
(B) heating; 
(C) ventilation and air-conditioning sys-
tems; and 
(D) renewable energy integration. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fis-
cal year 2013 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, as specified in the funding table in section 4301. 
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SEC. 302. AUTHORIZATION OF APPROPRIATIONS OF FUNDS 
FOR INACTIVATION EXECUTION OF U.S.S. EN-
TERPRISE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated to the Secretary of the 
Navy for fiscal year 2013 for inactivation execution of the 
U.S.S. Enterprise (CVN 65) as specified in the funding 
table in section 4301. 
(b) LIMITATION.—The total amount obligated and ex-
pended by the Secretary of the Navy for the inactivation 
execution of the U.S.S. Enterprise may not exceed 
$708,000,000. 
(c) CONTRACT AUTHORITY.— 
(1) IN GENERAL.—Subject to the availability of 
funds under subsection (a) and the condition in para-
graph (2), the Secretary of the Navy may enter into 
a contract during fiscal year 2013 for the inactiva-
tion execution of the U.S.S. Enterprise. 
(2) CONDITION FOR OUT-YEAR CONTRACT PAY-
MENTS.—A contract entered into under paragraph (1) 
shall provide that any obligation of the United States 
to make a payment under the contract for a fiscal 
year after fiscal year 2013 is subject to the avail-
ability of appropriations for that purpose for that fis-
cal year. 
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Subtitle B—Energy and 
Environmental Provisions 
SEC. 311. TRAINING RANGE SUSTAINMENT PLAN AND 
TRAINING RANGE INVENTORY. 
Section 366 of the Bob Stump National Defense Au-
thorization Act for Fiscal Year 2003 (Public Law 107–314; 
116 Stat. 2522; 10 U.S.C. 113 note), as most recently 
amended by section 348 of the John Warner National De-
fense Authorization Act for Fiscal Year 2007 (Public Law 
109–364; 120 Stat. 2159) is amended in subsections (a)(5) 
and (c)(2), by striking ‘‘fiscal years 2005 through 2013’’ 
and inserting ‘‘fiscal years 2005 through 2018’’. 
SEC. 312. MODIFICATION OF DEFINITION OF CHEMICAL 
SUBSTANCE. 
Section 3(2)(B)(v) of the Toxic Substances Control Act 
(15 U.S.C. 2602(2)(B)(v)) is amended by inserting ‘‘, or 
any component of any such article including, without limi-
tation, shot, bullets and other projectiles, propellants, and 
primers’’ before ‘‘, and’’. 
SEC. 313. EXEMPTION OF DEPARTMENT OF DEFENSE FROM 
ALTERNATIVE 
FUEL 
PROCUREMENT 
RE-
QUIREMENT. 
Section 526 of the Energy Independence and Security 
Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is 
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amended by adding at the end the following: ‘‘This section 
shall not apply to the Department of Defense.’’. 
SEC. 314. LIMITATION ON AVAILABILITY OF FUNDS FOR 
PROCUREMENT OF ALTERNATIVE FUEL. 
(a) LIMITATION.—Except as provided in subsection 
(b), none of the funds authorized to be appropriated by this 
Act or otherwise made available during fiscal year 2013 
for the Department of Defense may be obligated or expended 
for the production or purchase of any alternative fuel if 
the cost of producing or purchasing the alternative fuel ex-
ceeds the cost of producing or purchasing a traditional fossil 
fuel that would be used for the same purpose as the alter-
native fuel. 
(b) EXCEPTION.—Notwithstanding subsection (a), the 
Secretary of Defense may purchase such limited quantities 
of alternative fuels as are necessary to complete fleet certifi-
cation for 50/50 blends. In such instances, the Secretary 
shall purchase such alternative fuel using competitive proce-
dures and ensure the best purchase price for the fuel. 
SEC. 315. PLAN ON ENVIRONMENTAL EXPOSURES TO MEM-
BERS OF THE ARMED FORCES. 
(a) PLAN.—Not later than 150 days after the date of 
the enactment of this Act, the Secretary of Defense shall de-
velop a plan on the time line of the Secretary to develop 
a material solution to measure environmental exposures to 
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members of the Armed Forces in the continental United 
States and outside the continental United States. 
(b) MATTERS INCLUDED.—The plan under subsection 
(a) shall include the following: 
(1) A time line for identifying relevant materiel 
solutions that would facilitate the Secretary identi-
fying members of the Armed Forces who have indi-
vidual exposures to environmental hazards. 
(2) A time line, and estimated cost, of developing 
and deploying the material solution described in 
paragraph (1). 
(3) A system for collecting and maintaining ex-
posure data and a description of the content required. 
(4) An identification of the categories of environ-
mental exposures that will be tracked, including burn 
pits, dust or sand, water contamination, hazardous 
materials, and waste. 
(5) A summary of ongoing research into health 
consequences of military environmental exposures and 
areas where additional research is needed. 
(c) BRIEFING.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall provide to 
the congressional defense committees a briefing on the plan 
developed under subsection (a). 
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Subtitle C—Logistics and 
Sustainment 
SEC. 321. EXPANSION AND REAUTHORIZATION OF MULTI- 
TRADES DEMONSTRATION PROJECT. 
(a) EXPANSION.—Section 338 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108– 
136; 10 U.S.C. 5013 note), as most recently amended by 
section 329 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 67), is 
amended— 
(1) by striking subsection (a) and inserting the 
following new subsection: 
‘‘(a) DEMONSTRATION PROJECT AUTHORIZED.—In 
accordance with subsection 4703 of title 5, United States 
Code, the Secretary of a military department may carry 
out a demonstration project at facilities described in sub-
section (b) under which workers who are certified at the 
journey level as able to perform multiple trades shall be pro-
moted by one grade level.’’; and 
(2) in subsection (b), by striking ‘‘Logistics Cen-
ter, Navy Fleet Readiness Center,’’ and inserting ‘‘Lo-
gistics Complex, Navy Fleet Readiness Center, Navy 
shipyard, Marine Corps Logistics Base,’’. 
(b) REAUTHORIZATION.—Such section is further 
amended— 
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(1) in subsection (d), by striking ‘‘2013’’ and in-
serting ‘‘2018’’; and 
(2) in subsection (e), by striking ‘‘2014’’ and in-
serting ‘‘2019’’. 
SEC. 322. DEPOT-LEVEL MAINTENANCE AND REPAIR. 
(a) AMENDMENTS TO DEFINITION OF DEPOT-LEVEL 
MAINTENANCE
AND REPAIR.—Section 2460 of title 10, 
United States Code, is amended— 
(1) in paragraph (1)— 
(A) by inserting after ‘‘software’’ the fol-
lowing: ‘‘during the course of a customary depot- 
level maintenance action’’; and 
(B) by striking ‘‘or the modification or re-
build of end-items,’’ and inserting ‘‘retrofit, 
modification, upgrade, or rebuild of end items, 
components,’’; 
(2) in paragraph (1)(B), by striking ‘‘and’’ at 
the end; 
(3) in paragraph (2)(B), by striking ‘‘change 
events made to operational software, integration and 
testing’’ and inserting ‘‘and change events (including 
integration and testing) made to operational soft-
ware’’; 
(4) in paragraph (2)(C), by striking the period 
and inserting ‘‘if the modifications or upgrades are 
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being applied during a customary depot-level mainte-
nance action; and’’; and 
(5) by adding at the end the following new para-
graph: 
‘‘(3) excludes— 
‘‘(A) the nuclear refueling or defueling of an 
aircraft carrier and any concurrent complex 
overhaul; and 
‘‘(B) the procurement of major modifica-
tions or upgrades designed to significantly im-
prove the performance or safety of a weapon sys-
tem or major end item.’’. 
(b) AMENDMENTS RELATING TO CORE DEPOT-LEVEL 
MAINTENANCE AND REPAIR CAPABILITIES.— 
(1) 
ASSOCIATED
CAPACITY.—Section 
2464(a)(3)(A) of title 10, United States Code, is 
amended by striking ‘‘and capacity required in para-
graph (1)’’ and inserting ‘‘required in paragraph (1) 
and the associated capacity to maintain those capa-
bilities in accordance with paragraph (2)’’. 
(2) DIRECT SUPPORT OF ASSOCIATED LOGISTICS 
CAPABILITIES.—Section 2464(a)(3)(B) of such title is 
amended by inserting ‘‘in direct support of depot-level 
maintenance and repair’’ after ‘‘associated logistics 
capabilities’’. 
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(3) TIME OF FIELDING.—Section 2464(a)(3) of 
such title is further amended by adding at the end the 
following new sentence: ‘‘If a weapon system or item 
of military equipment does not have an officially 
scheduled initial operational capability, the weapon 
system or item is considered fielded at the time when, 
as part of combined or individual operation, it pro-
vides a warfighting capability, unless the Secretary 
waives this paragraph under subsection (b)(1)(A) 
based on a determination that the system or item is 
not an enduring element of the national defense strat-
egy.’’. 
(3) REQUIREMENT TO NOTIFY CONGRESS BEFORE 
ISSUANCE
OF
WAIVER.—Section 2464(b)(3) of such 
title is amended by striking ‘‘within 30 days of 
issuance’’ and inserting ‘‘at least 30 days before 
issuance of the waiver’’. 
(4) PROHIBITION ON DELEGATION OF CERTAIN 
WAIVER AUTHORITY.—Section 2464(b) of such title is 
amended by adding at the end the following new 
paragraph: 
‘‘(4) The authority of the Secretary of Defense to waive 
the requirement in subsection (a)(3) on the basis of a deter-
mination under paragraph (1)(A) or (1)(B) may not be del-
egated.’’. 
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(5) EXCLUSION
OF
NUCLEAR
AIRCRAFT
CAR-
RIERS
AND
SPECIAL
ACCESS
PROGRAMS.—Section 
2464 of such title is further amended— 
(A) by redesignating subsections (d), (e), (f), 
and (g) as subsections (e), (f), (g), and (h), re-
spectively; and 
(B) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) EXCLUSION OF NUCLEAR AIRCRAFT CARRIERS 
AND SPECIAL ACCESS PROGRAMS.—(1) The requirement in 
subsection (a)(3) shall not apply to nuclear aircraft car-
riers. 
‘‘(2) The requirement in subsection (a)(3) shall not 
apply to special access programs.’’. 
(6) ANNUAL SPECIAL ACCESS PROGRAM CORE CA-
PABILITY REVIEW.—Section 2464 of such title is fur-
ther amended by adding at the end the following new 
subsection: 
‘‘(i) BIENNIAL SPECIAL ACCESS PROGRAM CORE CA-
PABILITY REVIEW.—Notwithstanding the inapplicability of 
subsection (a)(3) to special access programs (as provided 
in subsection (d)), the Secretary of Defense shall, not later 
than April 1 on each even-numbered year, conduct a review 
of each special access program in existence during the two 
fiscal years preceding the fiscal year during which the re-
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view is conducted to determine the core depot maintenance 
and repair capabilities required to provide a ready and 
controlled source of technical competence, and the resources 
that would be required to establish a core capability if it 
becomes necessary. The Secretary of Defense shall include 
the results of such review in the form of a classified annex 
to the biennial core report required under subsection (f).’’. 
(7) AMENDMENTS FOR CONSISTENCY IN USE OF 
TERMS.—Section 2464 of such title is further amend-
ed— 
(A) in subsection (a)(1), by striking ‘‘a core 
depot-level maintenance and repair capability’’ 
and inserting ‘‘core depot-level maintenance and 
repair capabilities’’; 
(B) in subsection (a)(2), by striking ‘‘This 
core depot-level maintenance and repair capa-
bility’’ and inserting ‘‘The core depot-level main-
tenance and repair capabilities required in 
paragraph (1)’’; and 
(C) in subsection (e)(1), as redesignated by 
paragraph (5), by striking ‘‘a core depot-level 
maintenance and repair capability’’ and insert-
ing ‘‘core depot-level maintenance and repair ca-
pabilities’’. 
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(8) 
CONFORMING
AMENDMENTS.—Section 
2464(b) of such title is further amended— 
(A) in paragraph (1)— 
(i) by striking subparagraph (B); 
(ii) by inserting ‘‘or’’ at the end of 
subparagraph (A); and 
(iii) by redesignating subparagraph 
(C) as subparagraph (B); 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as 
paragraph (2) and in that paragraph by strik-
ing ‘‘or (2)’’. 
Subtitle D—Readiness 
SEC. 331. INTERGOVERNMENTAL SUPPORT AGREEMENTS 
WITH STATE AND LOCAL GOVERNMENTS. 
(a) AGREEMENTS AUTHORIZED.—Section 2391 of title 
10, United States Code, is amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(2) by inserting after subsection (c) the following 
new subsection: 
‘‘(c) INTERGOVERNMENTAL SUPPORT AGREEMENTS 
WITH STATE AND LOCAL GOVERNMENTS.—(1) The Sec-
retary of the military department concerned may enter into 
an intergovernmental support agreement with a State or 
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100 
local government to provide, receive, or share installation- 
support services when such an agreement— 
‘‘(A) serves the best interests of the military de-
partment by enhancing mission effectiveness or cre-
ating efficiencies or economies of scale, including by 
reducing costs; 
‘‘(B) serves the best interest of State or local gov-
ernment party to the agreement, as determined by the 
community’s particular circumstances; and 
‘‘(C) otherwise provides a mutual benefit to the 
military department and the State or local govern-
ment. 
‘‘(2) The authority provided by this subsection and 
limitations on its use are not intended to revoke, preclude, 
or otherwise interfere with existing or proposed mutual-aid 
agreements relating to police or fire protection services or 
other similar first responder agreements or arrangements. 
‘‘(3) Funds available to the Secretary of the military 
department concerned for installation support may be used 
to reimburse a State or local government for providing in-
stallation-support services pursuant to an agreement under 
this subsection. Funds received by the Secretary as reim-
bursement for providing installation-support services pur-
suant to the agreement shall be credited to the appropria-
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101 
tion or account charged with providing installation sup-
port.’’. 
(b) INSTALLATION-SUPPORT SERVICES DEFINED.— 
Subsection (e) of section 2391 of title 10, United States 
Code, as redesignated by subsection (a)(1) of this section, 
is amended by adding at the end the following new para-
graph: 
‘‘(4) The term ‘installation-support services’ 
means those services, supplies, resources, and support 
provided typically by a local government, except that 
the term does not include or authorize police or fire 
protection services.’’. 
SEC. 332. EXTENSION AND EXPANSION OF AUTHORITY TO 
PROVIDE ASSURED BUSINESS GUARANTEES 
TO CARRIERS PARTICIPATING IN CIVIL RE-
SERVE AIR FLEET. 
(a) EXTENSION.—Subsection (k) of section 9515 of title 
10, United States Code, is amended by striking ‘‘December 
31, 2015’’ and inserting ‘‘December 31, 2020’’. 
(b) APPLICATION TO ALL SEGMENTS OF CRAF.—Such 
section is further amended— 
(1) in subsection (a)(3), by striking ‘‘passenger’’; 
and 
(2) in subsection (j), by striking ‘‘, except that 
it only means such transportation for which the Sec-
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102 
retary of Defense has entered into a contract for the 
purpose of passenger travel’’. 
SEC. 333. EXPANSION AND REAUTHORIZATION OF PILOT 
PROGRAM FOR AVAILABILITY OF WORKING- 
CAPITAL FUNDS FOR PRODUCT IMPROVE-
MENTS. 
(a) EXPANSION.—Section 330 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 68) is amended— 
(1) in subsection (a), by inserting ‘‘, the Sec-
retary of the Navy, and the Secretary of the Air Force 
(in this section referred to as the ‘Secretary con-
cerned’)’’ after ‘‘the Secretary of the Army’’; 
(2) in subsection (d)— 
(A) by inserting ‘‘by the Secretary con-
cerned’’ after ‘‘submitted’’; and 
(B) by inserting ‘‘by the Secretary con-
cerned’’ after ‘‘used’’; and 
(3) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘the As-
sistant Secretary of the Army for Acquisition, 
Logistics, and Technology, in consultation with 
the Assistant Secretary of the Army for Finan-
cial Management and Comptroller,’’ and insert-
ing ‘‘the Secretary concerned’’; and 
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103 
(B) in paragraph (2), by striking ‘‘the As-
sistant Secretary of the Army for Acquisition, 
Logistics, and Technology’’ and inserting ‘‘the 
Secretary concerned’’. 
(b) COVERED PRODUCT IMPROVEMENTS.—Subsection 
(b) of such section is amended— 
(1) by inserting ‘‘retrofit, modernization, up-
grade, or rebuild of a’’ before ‘‘component’’; and 
(2) by striking ‘‘reliability and maintainability’’ 
and inserting ‘‘reliability, availability, and main-
tainability’’. 
(c) LIMITATION ON CERTAIN PROJECTS.—Subsection 
(c)(1) of such section is amended by striking ‘‘performance 
envelope’’ and inserting ‘‘capability’’. 
(d) REPORTING REQUIREMENT.—Subsection (e) of 
such section is amended— 
(1) in paragraph (2), by striking ‘‘2012’’ and in-
serting ‘‘2017’’; and 
(2) in paragraph (3), by striking ‘‘60 days’’ and 
inserting ‘‘45 days’’. 
(e) EXTENSION.—Subsection (f) of such section, as 
amended by section 354 of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1377), is further amended by striking ‘‘2014’’ and in-
serting ‘‘2018’’. 
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104 
(f) CLERICAL AMENDMENT.—The heading of such sec-
tion is amended by striking ‘‘TO ARMY’’. 
SEC. 334. CENTER OF EXCELLENCE FOR THE NATIONAL 
GUARD STATE PARTNERSHIP PROGRAM. 
(a) IN GENERAL.—Chapter 5 of title 32, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 510. Center of Excellence for the National Guard 
State Partnership Program 
‘‘(a) CENTER AUTHORIZED.—The National Guard 
Bureau may maintain a Center of Excellence for the Na-
tional Guard State Partnership Program (in this section 
referred to as the ‘Center’). 
‘‘(b) CENTER AUTHORITY AND PURPOSE.—If the Cen-
ter is established, the Chief of the National Guard Bureau 
shall administer the Center to provide training opportuni-
ties for units and members of the regular and reserve com-
ponents for the purpose of improving the skills for such 
units and members when deployed to complete the mission 
of the State Partnership Program. The Center will provide 
accredited instruction in partnership with a university pro-
gram and other internationally recognized institutions. 
‘‘(c) CONDUCT OF CENTER.—The Chief of the National 
Guard Bureau may provide for the conduct of the Center 
in such State as the Chief considers appropriate. 
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‘‘(d) PERSONS ELIGIBLE TO PARTICIPATE IN CENTER 
TRAINING.—(1) The Chief of the National Guard Bureau 
may recommend units and members of the National Guard 
to attend training at the Center under section 502(f) of this 
title for not longer than the duration of the training. 
‘‘(2) The Secretaries of the Army, Navy, Air Force, and 
Marine Corps may detail units or members of their respec-
tive regular or reserve components to attend training at the 
Center. The Secretary of Homeland Security may detail 
members of the Coast Guard to attend training and provide 
subject matter expertise as requested. 
‘‘(e) AUTHORIZED TRAINING.—The training author-
ized to be provided by the Center involves such matters 
within the core competencies of the National Guard and 
suitable for contacts under the State Partnership Program 
as the Chief of the National Guard Bureau specifies con-
sistent with regulations issued by the Secretary of Defense. 
‘‘(f) CENTER PERSONNEL.—(1) The Chief of the Na-
tional Guard Bureau shall appoint an active member of 
the National Guard to be the Commandant of the Center 
to administer and lead the center. 
‘‘(2) The Center shall contain personnel authorizations 
under a table of distribution and allowance that ensures 
sufficient cadre and support to the Center and will be as-
signed to the host State. 
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‘‘(3) Personnel of the National Guard of any State 
may serve on full-time National Guard duty for the purpose 
of providing command, administrative, training, or sup-
porting services for the Center. For the performance of those 
services, any personnel may be ordered to duty under sec-
tion 502(f) of this title. 
‘‘(4) Employees of the Departments of Defense may be 
detailed to the Center for the purpose of providing addi-
tional training. 
‘‘(5) The National Guard Bureau may procure, by 
contract, the temporary full time services of such civilian 
personnel as may be necessary in carrying out the training 
provided by the Center.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘510. Center for Excellence for the National Guard State Partnership Program.’’. 
Subtitle E—Reports 
SEC. 341. REPORT ON JOINT STRATEGY FOR READINESS 
AND TRAINING IN A C4ISR-DENIED ENVIRON-
MENT. 
(a) REPORT REQUIRED.—The Secretary of Defense, in 
consultation with the Chairman of the Joint Chiefs of Staff, 
shall submit to Congress a report on the readiness of the 
joint force to conduct operations in environments where 
there is no access to Command, Control, Communications, 
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Computers, Intelligence, Surveillance, and Reconnaissance 
(in this section referred to as ‘‘C4ISR’’) systems, including 
satellite communications, classified Internet protocol-based 
networks, and the Global Positioning System (in this sec-
tion referred to as ‘‘GPS’’). 
(b) CONTENTS OF REPORT.—The report required by 
subsection (a) shall include a description of the steps taken 
and planned to be taken— 
(1) to identify likely threats to the C4ISR sys-
tems of the United States, including both weapons 
and those states with such capabilities; as well as the 
most likely areas in which C4ISR systems could be at 
risk; 
(2) to identify vulnerabilities to the C4ISR sys-
tems of the United States that could result in a 
C4ISR-denied environment; 
(3) to determine how the Armed Forces should 
respond in order to reconstitute C4ISR systems, pre-
vent further denial of C4ISR systems; and develop 
counter-attack capabilities; 
(4) to determine which types of joint operations 
could be feasible in an environment in which access 
to C4ISR systems is restricted or denied; 
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(5) to conduct training and exercises for sus-
taining combat and logistics operations in C4ISR-de-
nied environments; and 
(6) to propose changes to current tactics, tech-
niques, and procedures to prepare to operate in an 
environment in which C4ISR systems are degraded or 
denied for 48-hour, 7 day, 30-day, or 60-day periods. 
(c) JOINT EXERCISE PLAN REQUIRED.—Based on the 
findings of the report required by subsection (a), the Chair-
man of the Joint Chiefs of Staff shall develop a roadmap 
and joint exercise plan for the joint force to operate in an 
environment where access to C4ISR systems, including sat-
ellite communications, classified Internet protocol-based 
networks, and the GPS network, is denied. The plan and 
joint exercise program shall include— 
(1) the development of alternatives to satellite 
communications, classified Internet protocol-based 
networks, and GPS for logistics, intelligence, surveil-
lance, and reconnaissance, and combat operations; 
and 
(2) methods to mitigate dependency on satellite 
communications, classified Internet protocol-based 
networks, and GPS; 
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(3) methods to protect vulnerable satellite com-
munications, classified Internet protocol-based net-
works, and GPS; and 
(4) a joint exercise and training plan to include 
fleet battle experiments, to enable the force to operate 
in a satellite communications, Internet protocol-based 
network, and GPS-denied environment. 
(d) FORM OF REPORT.—The report required to be sub-
mitted by subsection (a) shall be submitted in unclassified 
form, but may include a classified annex. 
SEC. 342. COMPTROLLER GENERAL REVIEW OF ANNUAL DE-
PARTMENT 
OF 
DEFENSE 
REPORT 
ON 
PREPOSITIONED MATERIEL AND EQUIPMENT. 
Section 2229a(b)(1) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘By not later than 120 days after 
the date on which a report is submitted under sub-
section (a), the’’ and inserting ‘‘The’’; and 
(2) by striking ‘‘the report’’and inserting ‘‘each 
report submitted under subsection (a)’’. 
SEC. 343. MODIFICATION OF REPORT ON MAINTENANCE 
AND REPAIR OF VESSELS IN FOREIGN SHIP-
YARDS. 
Section 7310(c) of title 10, United States Code, is 
amended— 
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(1) in paragraph (3)(A), by inserting after ‘‘jus-
tification under law’’ the following: ‘‘and operational 
justification’’; and 
(2) in paragraph (4), by adding at the end the 
following new subparagraph: 
‘‘(C) A vessel not described in subparagraph (A) 
or (B) that is operated pursuant to a contract entered 
into by the Military Sealift Command, the Maritime 
Administration, or the United States Transportation 
Command.’’. 
SEC. 344. EXTENSION OF DEADLINE FOR COMPTROLLER 
GENERAL REPORT ON DEPARTMENT OF DE-
FENSE SERVICE CONTRACT INVENTORY. 
Section 803(c) of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2402) is amended by striking ‘‘180 days’’ and inserting 
‘‘270 days’’. 
SEC. 345. GAO REPORT REVIEWING METHODOLOGY OF DE-
PARTMENT OF DEFENSE RELATING TO COSTS 
OF PERFORMANCE BY CIVILIAN EMPLOYEES, 
MILITARY PERSONNEL, AND CONTRACTORS. 
(a) REVIEW REQUIREMENT.—The Comptroller Gen-
eral of the United States shall conduct a review of Depart-
ment of Defense Directive-Type Memorandum 09-007 enti-
tled ‘‘Estimating and Comparing the Full Costs of Civilian 
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and Military Manpower and Contractor Support’’ to deter-
mine whether the methodology used in the memorandum re-
flects the actual, relevant, and quantifiable costs to tax-
payers of performance by Federal civilian employees, mili-
tary personnel, and contractors. 
(b) CONSULTATION.—In conducting the review re-
quired by subsection (a), the Comptroller General shall con-
sult with the Under Secretary of Defense for Personnel and 
Readiness, the Director of Cost Assessment and Program 
Evaluation, the Director of the Office of Management and 
Budget, and private sector stakeholders. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit a report on the review required by subsection (a) 
to the Committees on Armed Services of the Senate and the 
House of Representatives. The report shall contain the re-
sults of the review and make recommendations for any stat-
utory changes that the Comptroller General determines are 
necessary to ensure that the memorandum reviewed includes 
the actual, relevant, and quantifiable costs to taxpayers for 
Federal civilian employees, military personnel, and con-
tractors. 
SEC. 346. REPORT ON MEDICAL EVACUATION POLICIES. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense 
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shall submit to the congressional defense committees and the 
Comptroller General of the United States a report on the 
policies, procedures, and guidelines of the Department of 
Defense for helicopter evacuation of injured members of the 
Armed Forces performed by— 
(1) unarmed Army helicopters (in this section 
referred to as ‘‘MEDEVAC’’); and 
(2) armed Air Force helicopters (in this section 
referred to as ‘‘CASEVAC’’). 
(b) CONTENTS.—The report submitted under sub-
section (a) shall contain the following: 
(1) The differences between armed escort heli-
copters that accompany MEDEVAC helicopters and 
CASEVAC helicopters. 
(2) The differences between Army and Air Force 
training of MEDEVAC and CASEVAC air crews. 
(3) The differences between the capacity of the 
Army and the Air Force to care for wounded members 
of the Armed Forces. 
(4) The potential costs associated with— 
(A) arming MEDEVAC helicopters; 
(B) increasing the training of MEDEVAC 
air crews to be comparable to the training of 
CASEVAC air crews; and 
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(C) increasing the quality of the avionics 
used in MEDEVAC helicopters to be comparable 
to the quality of the avionics used in CASEVAC 
helicopters. 
(5) An analysis of the Army rescue goal, com-
monly known as the ‘‘golden hour’’, which specifies a 
goal of transporting an injured member of the Armed 
Forces to a military medical treatment facility not 
later than 60 minutes after the MEDEVAC unit re-
ceives notification of the injury, including an anal-
ysis on— 
(A) whether the 60-minute time period 
should begin at the time of injury instead of at 
the time of notification; 
(B) the usefulness of gathering information 
about survival rates using additional different 
time periods; and 
(C) the validity of the survival rate associ-
ated with the ‘‘golden hour’’. 
(6) A comparison of the helicopter evacuation ca-
pabilities in combat zones of— 
(A) the Army; 
(B) the Air Force; 
(C) Special Operations Command; and 
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(D) armed forces of other countries that per-
form helicopter evacuations in combat zones. 
(7) An analysis of— 
(A) the requirements under the Convention 
for the Amelioration of the Condition of the 
Wounded and Sick in the Armed Forces in the 
Field, done at Geneva, August 12, 1949 (6 UST 
3114) and the related protocols with regard to 
the weapons an aircraft may carry and still be 
considered a medical aircraft (which, for pur-
poses of such Convention and protocols, means 
an aircraft exclusively employed for the removal 
of wounded and sick and for the transport of 
medical personnel and equipment) protected 
under such Convention, and of the interpreta-
tions of and policies under such requirements by 
the Department of Defense; 
(B) 
the 
threats 
to 
MEDEVAC 
and 
CASEVAC air crews and assets posed by uncon-
ventional forces that do not abide by inter-
national law, military tradition, or custom, such 
as insurgent or criminal organizations; and 
(C) any strategies to respond to the threats 
identified in subparagraph (B), as well as any 
legal or policy restrictions to such responses 
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based on the requirements, policies, and interpre-
tations identified in subparagraph (A). 
(8) An explanation of how the survival rate of 
injured members of the Armed Forces rescued by heli-
copter evacuation is calculated. 
(9) Information on the average number of in-
jured members of the Armed Forces that are evacuated 
during each MEDEVAC and CASEVAC mission. 
(c) REVIEW BY COMPTROLLER GENERAL.—Not later 
than 120 days after the date on which the Comptroller Gen-
eral receives the report submitted by the Secretary of De-
fense under subsection (a), the Comptroller General shall 
submit to the congressional defense committees an analysis 
of such report. 
Subtitle F—Limitations and 
Extensions of Authority 
SEC. 351. REPEAL OF AUTHORITY TO PROVIDE CERTAIN 
MILITARY EQUIPMENT AND FACILITIES TO 
SUPPORT CIVILIAN LAW ENFORCEMENT AND 
EMERGENCY RESPONSE. 
Section 372 of title 10, United States Code, is amend-
ed— 
(1) in subsection (a), by striking ‘‘(a) IN GEN-
ERAL.—The Secretary’’ and inserting ‘‘The Sec-
retary’’; and 
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(2) by striking subsection (b). 
SEC. 352. LIMITATION ON AVAILABILITY OF FUNDS FOR 
THE 
DISESTABLISHMENT 
OF 
AEROSPACE 
CONTROL ALERT LOCATIONS. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2013 for the Department of Defense may be obli-
gated or expended to disestablish or downgrade any of the 
18 level 5 aerospace control alert defense locations in exist-
ence as of the date of the enactment of this Act. 
(b) MAINTAINED LEVELS.—The Secretary of the Air 
Force shall maintain the operational capabilities provided 
by the 18 level 5 aerospace control alert defense capabilities 
until the later of the following dates: 
(1) The date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2014. 
(2) September 30, 2013. 
(c) CONSOLIDATED BUDGET EXHIBIT.—The Secretary 
of Defense shall establish a consolidated budget justification 
display that fully identifies the baseline aerospace control 
alert budget for each of the military services and encom-
passes all programs and activities of the aerospace control 
alert mission for each of the following functions: 
(1) Procurement. 
(2) Operation and maintenance. 
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(3) Research, development, testing, and evalua-
tion. 
(4) Military construction. 
(d) REPORT.— 
(1) REPORT
TO
CONGRESS.—Not later than 
March 1, 2013, the Secretary of Defense shall submit 
to the congressional defense committees a report that 
provides a cost-benefit analysis and risk-based assess-
ment of the aerospace control alert mission as it re-
lates to expected future changes to the budget and 
force structure of such mission. 
(2) COMPTROLLER GENERAL REVIEW.—Not later 
than 120 days after the date on which the Secretary 
submits the report required by paragraph (1), the 
Comptroller General of the United States shall— 
(A) conduct a review of the force structure 
plan of the Department of Defense and the cost- 
benefit analysis and risk-based assessment con-
tained in the report; and 
(B) submit to the congressional defense com-
mittees a report on the findings of such review. 
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SEC. 353. LIMITATION ON AUTHORIZATION OF APPROPRIA-
TIONS FOR THE NATIONAL MUSEUM OF THE 
UNITED STATES ARMY. 
Of the amounts authorized to be appropriated for Op-
eration and Maintenance for fiscal year 2013, not more 
than $5,000,000 shall be made available for the National 
Museum of the United States Army until the Secretary of 
the Army submits to the congressional defense committees 
certification in writing that sufficient private funding has 
been raised to fund the construction of the portion of the 
museum known as the ‘‘Baseline Museum’’ and that at least 
50 percent of the Baseline Museum has been completed. 
SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR RE-
TIREMENT 
OR 
INACTIVATION 
OF 
TICON-
DEROGA CLASS CRUISERS OR DOCK LANDING 
SHIPS. 
(a) LIMITATION.—Except as provided by subsection 
(b), none of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2013 for the 
Department of Defense may be obligated or expended to re-
tire, prepare to retire, inactivate, or place in storage a 
cruiser or dock landing ship. 
(b) EXCEPTION.—Notwithstanding subsection (a), the 
U.S.S. Port Royal, CG 73, is authorized for retirement. 
(c) MAINTAINED LEVELS.—The Secretary of the Navy, 
in supporting the operational requirements of the combat-
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ant commands, shall maintain the operational capability 
and perform the necessary maintenance of each cruiser and 
dock landing ship belonging to the Navy until the later of 
the following dates: 
(1) The date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2014. 
(2) September 30, 2013. 
SEC. 355. RENEWAL OF EXPIRED PROHIBITION ON RETURN 
OF VETERANS MEMORIAL OBJECTS WITHOUT 
SPECIFIC AUTHORIZATION IN LAW. 
(a) CODIFICATION OF PROHIBITION.—Section 2572 of 
title 10, United States Code, is amended by adding at the 
end the following new subsection: 
‘‘(e)(1) Except as provided in paragraph (3), and not-
withstanding this section or any other provision of law, the 
President may not transfer a veterans memorial object to 
a foreign country or an entity controlled by a foreign gov-
ernment, or otherwise transfer or convey such an object to 
any person or entity for purposes of the ultimate transfer 
or conveyance of the object to a foreign country or entity 
controlled by a foreign government. 
‘‘(2) In this subsection: 
‘‘(A) The term ‘entity controlled by a foreign 
government’ has the meaning given that term in sec-
tion 2536(c)(1) of this title. 
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‘‘(B) The term ‘veterans memorial object’ means 
any object, including a physical structure or portion 
thereof, that— 
‘‘(i) is located at a cemetery of the National 
Cemetery System, war memorial, or military in-
stallation in the United States; 
‘‘(ii) is dedicated to, or otherwise memorial-
izes, the death in combat or combat-related du-
ties of members of the armed forces; and 
‘‘(iii) was brought to the United States from 
abroad as a memorial of combat abroad. 
‘‘(3) The prohibition imposed by paragraph (1) does 
not apply to a transfer of a veterans memorial object if— 
‘‘(A) the transfer of that veterans memorial ob-
ject is specifically authorized by law; or 
‘‘(B) the transfer is made after September 30, 
2017.’’. 
(b) REPEAL OF OBSOLETE SOURCE LAW.—Section 
1051 of the National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106–65; 10 U.S.C. 2572 note) is 
repealed. 
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Subtitle G—Other Matters 
SEC. 361. RETIREMENT, ADOPTION, CARE, AND RECOGNI-
TION OF MILITARY WORKING DOGS. 
(a) RETIREMENT AND ADOPTION OF MILITARY WORK-
ING DOGS.— 
(1) RETIREMENT
AND
RECLASSIFICATION
OF 
MILITARY WORKING DOGS.—Section 2583 of title 10, 
United States Code, is amended— 
(A) by redesignating subsections (f) and (g) 
as subsections (h) and (i), respectively; and 
(B) by inserting after subsection (e) the fol-
lowing new subsections: 
‘‘(f) CLASSIFICATION OF MILITARY WORKING DOGS.— 
The Secretary of Defense shall classify military working 
dogs as canine members of the armed forces. Such dogs shall 
not be classified as equipment. 
‘‘(g) TRANSFER
OF RETIRED MILITARY WORKING 
DOGS.—If the Secretary of the military department con-
cerned determines that a military working dog should be 
retired, and no suitable adoption is available at the mili-
tary facility where the dog is located, the Secretary may 
transfer the dog— 
‘‘(1) to the 341st Training Squadron; or 
‘‘(2) to another location for adoption under this 
section.’’. 
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(2) ACCEPTANCE OF FREQUENT TRAVELER MILES 
TO FACILITATE ADOPTION.—Section 2613(d) of such 
title is amended— 
(A) in paragraph (1)(B), by striking ‘‘; or’’ 
and inserting a semicolon; 
(B) in paragraph (2), by striking the period 
at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) facilitating the adoption of a military 
working dog under section 2583 of this title.’’. 
(b) VETERINARY
CARE
FOR
RETIRED
MILITARY 
WORKING DOGS.— 
(1) VETERINARY CARE.— 
(A) IN GENERAL.—Chapter 50 of such title 
is amended by adding at the end the following 
new section: 
‘‘§ 993. Military working dogs: veterinary care for re-
tired military working dogs 
‘‘(a) IN GENERAL.—The Secretary of Defense shall es-
tablish and maintain a system to provide for the veterinary 
care of retired military working dogs. 
‘‘(b) ELIGIBLE DOGS.—(1) A retired military working 
dog eligible for veterinary care under this section is any 
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military working dog adopted under section 2583 of this 
title. 
‘‘(2) The veterinary care provided a military working 
dog under this section shall be provided during the life of 
the dog beginning on the date on which the dog is adopted 
under such section 2583. 
‘‘(c) ADMINISTRATION.—(1) The Secretary shall ad-
minister the system required by this section under a con-
tract awarded by the Secretary for that purpose. 
‘‘(2)(A) The contract under this subsection shall be 
awarded to a private non-profit entity selected by the Sec-
retary from among such entities submitting an application 
therefor that have such experience and expertise as the Sec-
retary considers appropriate for purposes of this subsection. 
‘‘(B) An entity seeking the award of a contract under 
this subsection shall submit to the Secretary an application 
therefor in such form, and containing such information, as 
the Secretary shall require. 
‘‘(3) The term of any contract under this subsection 
shall be such duration as the Secretary shall specify. 
‘‘(d) STANDARDS OF CARE.—(1) The veterinary care 
provided under the system required by this section shall 
meet such standards as the Secretary shall establish and 
from time to time update. 
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‘‘(2) The standards required by this subsection shall 
include the following: 
‘‘(A) Provisions regarding the types of care to be 
provided to retired military working dogs. 
‘‘(B) Provisions regarding the entities (including 
private veterinarians and entities) qualified to pro-
vide the care. 
‘‘(C) Provisions regarding the facilities, includ-
ing military installations, government facilities, and 
private facilities, in which the care may be provided. 
‘‘(D) A requirement that complete histories be 
maintained on the health and use in research of re-
tired military working dogs. 
‘‘(E) Such other matters as the Secretary con-
siders appropriate. 
‘‘(3) The Secretary shall consult with the board of di-
rectors of the non-profit private entity awarded the contract 
under subsection (c) in establishing and updating stand-
ards of care under this subsection. 
‘‘(e) COVERAGE OF COSTS.—(1) Except as provided in 
paragraph (2), any costs of operation and administration 
of the system required by this section, and of any veterinary 
care provided under the system, shall be covered by such 
combination of the following as the Secretary and the non- 
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125 
profit entity awarded the contract under subsection (c) 
jointly consider appropriate: 
‘‘(A) Contributions from the non-profit entity. 
‘‘(B) Payments for such care by owners or 
guardians of the retired military working dogs receiv-
ing such care. 
‘‘(C) Other appropriate non-Federal sources of 
funds. 
‘‘(2) Funds provided by the Federal Government— 
‘‘(A) may not be used— 
‘‘(i) to provide veterinary care under the 
system required by this section; or 
‘‘(ii) to pay for the normal operation of the 
non-profit entity awarded the contract under 
subsection (c); and 
‘‘(B) may be used to carry out the duties of the 
Secretary under subsections (a), (c), (d), and (f). 
‘‘(f) REGULATIONS.—The Secretary shall prescribe reg-
ulations for the discharge of the requirements and authori-
ties in this section, including regulations on the standards 
of care required by subsection (d).’’. 
(B) CLERICAL AMENDMENT.—The table of 
sections at the beginning of such chapter is 
amended by adding at the end the following new 
item: 
‘‘993. Military working dogs: veterinary care for retired military working dogs.’’. 
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(2) REGULATIONS.—The Secretary of Defense 
shall prescribe the regulations required by subsection 
(f) of section 993 of title 10, United States Code (as 
added by paragraph (1)), not later than 180 days 
after the date of the enactment of this Act. 
(c) RECOGNITION OF SERVICE OF MILITARY WORKING 
DOGS.—Section 1125 of such title is amended— 
(1) by inserting ‘‘(a) GENERAL AUTHORITY.—’’ 
before ‘‘The Secretary of Defense’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) RECOGNITION OF SERVICE OF MILITARY WORK-
ING DOGS.—The Secretary of Defense shall create a decora-
tion or other appropriate recognition to recognize military 
working dogs under the jurisdiction of the Secretary that 
are killed in action or perform an exceptionally meritorious 
or courageous act in service to the United States.’’. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2013, as follows: 
(1) The Army, 552,100. 
(2) The Navy, 322,700. 
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127 
(3) The Marine Corps, 197,300. 
(4) The Air Force, 330,383. 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is 
amended by striking paragraphs (1) through (4) and insert-
ing the following new paragraphs: 
‘‘(1) For the Army, 552,100. 
‘‘(2) For the Navy, 322,700. 
‘‘(3) For the Marine Corps, 197,300. 
‘‘(4) For the Air Force, 330,383.’’. 
SEC. 403. LIMITATIONS ON END STRENGTH REDUCTIONS 
FOR REGULAR COMPONENT OF THE ARMY 
AND MARINE CORPS. 
(a) ANNUAL CERTIFICATION.—Subject to subsections 
(b) and (c), if the President determines that a reduction 
in end strength of the regular component of the Army or 
Marine Corps (or both) is necessary for any of fiscal years 
2014 through 2017, the President shall submit to Congress, 
with the budget request for that fiscal year, a certification 
that the reduction in end strength, should the assumptions 
of the National Security Strategy prescribed by the Presi-
dent in the most recent annual national security strategy 
report under section 108 of the National Security Act of 
1947 (50 U.S.C. 404a) prove to be incorrect, will not— 
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128 
(1) undermine the ability of the Armed Forces to 
meet the requirements of the National Security Strat-
egy; 
(2) increase security risks for the United States; 
or 
(3) compel members of the Armed Forces to en-
dure diminished dwell time and repeated deploy-
ments. 
(b) ANNUAL LIMITATION ON REDUCTIONS.— 
(1) ARMY.—The end strength of the regular com-
ponent of the Army shall not be reduced by more than 
15,000 members during each of fiscal years 2014 
through 2017 from the end strength of the regular 
component of the Army at the end of the preceding 
fiscal year. 
(2) MARINE CORPS.—The end strength of the reg-
ular component of the Marine Corps shall not be re-
duced by more than 5,000 members during each of fis-
cal years 2014 through 2017 from the end strength of 
the regular component of the Marine Corps at the end 
of the preceding fiscal year. 
(c) BUDGETING REQUIREMENT.—The budget for the 
Department of Defense for each of fiscal years 2014 through 
2017 as submitted to Congress— 
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(1) shall include amounts for maintaining an 
end strength of the regular component of the Army 
and the Marine Corps sufficient to comply with the 
active duty end strengths prescribed in section 691(b) 
of title 10, United States Code; and 
(2) shall not rely on any emergency, supple-
mental, or overseas contingency operations funding. 
SEC. 404. EXCLUSION OF MEMBERS WITHIN THE INTE-
GRATED DISABILITY EVALUATION SYSTEM 
FROM END STRENGTH LEVELS FOR ACTIVE 
FORCES. 
(a) EXCLUSION.—A member of the Armed Forces who 
is within the Integrated Disability Evaluation System as 
of the last day of any of fiscal years 2013 through 2018 
shall not be counted toward the end strength levels for active 
duty members of the Armed Forces prescribed for that fiscal 
year. 
(b) FUNDING SOURCE.—The Secretary of Defense shall 
use funds authorized to be appropriated for overseas contin-
gency operations being carried out by the Armed Forces to 
cover any military personnel expenses incurred as a result 
of the exclusion under subsection (a) of members of the 
Armed Forces from the end strengths levels for active forces. 
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130 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve com-
ponents as of September 30, 2013, as follows: 
(1) The Army National Guard of the United 
States, 358,200. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 62,500. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United 
States, 106,005. 
(6) The Air Force Reserve, 72,428. 
(7) The Coast Guard Reserve, 9,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths 
prescribed by subsection (a) for the Selected Reserve of any 
reserve component shall be proportionately reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such 
component which are on active duty (other than for 
training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
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131 
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be in-
creased proportionately by the total authorized strengths of 
such units and by the total number of such individual mem-
bers. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), 
the reserve components of the Armed Forces are authorized, 
as of September 30, 2013, the following number of Reserves 
to be serving on full-time active duty or full-time duty, in 
the case of members of the National Guard, for the purpose 
of organizing, administering, recruiting, instructing, or 
training the reserve components: 
(1) The Army National Guard of the United 
States, 32,060. 
(2) The Army Reserve, 16,277. 
(3) The Navy Reserve, 10,114. 
(4) The Marine Corps Reserve, 2,261. 
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132 
(5) The Air National Guard of the United 
States, 14,952. 
(6) The Air Force Reserve, 2,888. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2013 for the reserve 
components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army National Guard of the United 
States, 27,210. 
(2) For the Army Reserve, 8,395. 
(3) For the Air National Guard of the United 
States, 22,272. 
(4) For the Air Force Reserve, 10,946. 
SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL
GUARD.—Within the limitation 
provided in section 10217(c)(2) of title 10, United 
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2013, may not exceed the following: 
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133 
(A) For the Army National Guard of the 
United States, 1,600. 
(B) For the Air National Guard of the 
United States, 350. 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2013, may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2013, may not exceed 90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
meaning given that term in section 10217(a) of title 10, 
United States Code. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2013, the maximum number of 
members of the reserve components of the Armed Forces who 
may be serving at any time on full-time operational sup-
port duty under section 115(b) of title 10, United States 
Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
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134 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal year 2013 
for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not oth-
erwise provided for, for military personnel, as specified in 
the funding table in section 4401. 
(b) CONSTRUCTION OF AUTHORIZATION.—The author-
ization of appropriations in subsection (a) supersedes any 
other authorization of appropriations (definite or indefi-
nite) for such purpose for fiscal year 2013. 
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135 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
Generally 
SEC. 501. LIMITATION ON NUMBER OF NAVY FLAG OFFI-
CERS ON ACTIVE DUTY. 
(a) ADDITIONAL FLAG OFFICER AUTHORIZED.—Sec-
tion 526(a)(2) of title 10, United States Code, is amended 
by striking ‘‘160’’ and inserting ‘‘161’’. 
(b) CORRESPONDING CHANGE IN COMPUTING NUMBER 
OF FLAG OFFICERS IN STAFF CORPS OF THE NAVY.—Sec-
tion 5150(c) of such title is amended by striking the last 
sentence. 
SEC. 502. EXCEPTION TO REQUIRED RETIREMENT AFTER 30 
YEARS OF SERVICE FOR REGULAR NAVY WAR-
RANT OFFICERS IN THE GRADE OF CHIEF 
WARRANT OFFICER, W–5. 
Section 1305(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘A regular warrant officer 
(other than a regular Army warrant officer)’’ 
and inserting ‘‘Subject to paragraphs (2) and 
(3), a regular warrant officer’’; and 
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(B) by striking ‘‘he’’ and inserting ‘‘the offi-
cer’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(3) In the case of a regular Navy warrant officer in 
the grade of chief warrant officer, W–5, the officer shall be 
retired 60 days after the date on which the officer completes 
33 years of total active service.’’. 
SEC. 503. AIR FORCE CHIEF AND DEPUTY CHIEF OF CHAP-
LAINS. 
(a) ESTABLISHMENT OF POSITIONS; APPOINTMENT.— 
Chapter 805 of title 10, United States Code, is amended 
by adding at the end the following new section: 
‘‘§ 8039. Chief and Deputy Chief of Chaplains: ap-
pointment; duties 
‘‘(a) CHIEF OF CHAPLAINS.—(1) There is a Chief of 
Chaplains in the Air Force, appointed by the President, by 
and with the advice and consent of the Senate, from officers 
of the Air Force designated under section 8067(h) of this 
title as chaplains who— 
‘‘(A) are serving in the grade of colonel or above; 
‘‘(B) are serving on active duty; and 
‘‘(C) have served on active duty as a chaplain 
for at least eight years. 
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‘‘(2) An officer appointed as the Chief of Chaplains 
shall be appointed for a term of three years. However, the 
President may terminate or extend the appointment at any 
time. 
‘‘(3) The Chief of Chaplains shall perform such duties 
as may be prescribed by the Secretary of the Air Force and 
by law. 
‘‘(b) DEPUTY CHIEF OF CHAPLAINS.—(1) There is a 
Deputy Chief of Chaplains in the Air Force, appointed by 
the President, by and with the advice and consent of the 
Senate, from officers of the Air Force designated under sec-
tion 8067(h) of this title as chaplains who— 
‘‘(A) are serving in the grade of colonel; 
‘‘(B) are serving on active duty; and 
‘‘(C) have served on active duty as a chaplain 
for at least eight years. 
‘‘(2) An officer appointed as the Deputy Chief of Chap-
lains shall be appointed for a term of three years. However, 
the President may terminate or extend the appointment at 
any time. 
‘‘(3) The Deputy Chief of Chaplains shall perform such 
duties as may be prescribed by the Secretary of the Air 
Force and the Chief of Chaplains and by law. 
‘‘(c) SELECTION BOARD.—Under regulations approved 
by the Secretary of Defense, the Secretary of the Air Force, 
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138 
in selecting an officer for recommendation to the President 
for appointment as the Chief of Chaplains or the Deputy 
Chief of Chaplains, shall ensure that the officer selected is 
recommended by a board of officers that, insofar as prac-
ticable, is subject to the procedures applicable to the selec-
tion boards convened under chapter 36 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘8039. Chief and Deputy Chief of Chaplains: appointment; duties.’’. 
SEC. 504. EXTENSION OF TEMPORARY AUTHORITY TO RE-
DUCE MINIMUM LENGTH OF ACTIVE SERVICE 
AS A COMMISSIONED OFFICER REQUIRED 
FOR VOLUNTARY RETIREMENT AS AN OFFI-
CER. 
(a) ARMY.—Section 3911(b)(2) of title 10, United 
States Code, is amended by striking ‘‘September 30, 2013’’ 
and inserting ‘‘September 30, 2018’’. 
(b) NAVY AND MARINE CORPS.—Section 6323(a)(2)(B) 
of such title is amended by striking ‘‘September 30, 2013’’ 
and inserting ‘‘September 30, 2018’’. 
(c) AIR FORCE.—Section 8911(b)(2) of such title is 
amended by striking ‘‘September 30, 2013’’ and inserting 
‘‘September 30, 2018’’. 
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139 
SEC. 505. TEMPORARY INCREASE IN THE TIME-IN-GRADE 
RETIREMENT WAIVER LIMITATION FOR LIEU-
TENANT COLONELS AND COLONELS IN THE 
ARMY, AIR FORCE, AND MARINE CORPS AND 
COMMANDERS AND CAPTAINS IN THE NAVY. 
Section 1370(a)(2)(F) of title 10, United States Code, 
is amended— 
(1) by striking ‘‘the period ending on December 
31, 2007’’ and inserting ‘‘fiscal years 2013 through 
2018’’; 
(2) by striking ‘‘Air Force’’ and inserting 
‘‘Army, Air Force, and Marine Corps’’; and 
(3) by striking ‘‘in the period’’. 
SEC. 506. MODIFICATION TO LIMITATIONS ON NUMBER OF 
OFFICERS FOR WHOM SERVICE-IN-GRADE RE-
QUIREMENTS MAY BE REDUCED FOR RETIRE-
MENT IN GRADE UPON VOLUNTARY RETIRE-
MENT. 
Section 1370(a)(2) of title 10, United States Code, is 
amended— 
(1) in subparagraph (E)— 
(A) by inserting ‘‘(i)’’ after ‘‘exceed’’; and 
(B) by inserting before the period at the end 
the following: ‘‘or (ii) in the case of officers of 
that armed forces in a grade specified in sub-
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140 
paragraph (G), two officers, whichever number is 
greater’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(G) Notwithstanding subparagraph (E), during fiscal 
years 2013 through 2017, the total number of brigadier gen-
erals and major generals of the Army, Air Force, and Ma-
rine Corps, and the total number of rear admirals (lower 
half) and rear admirals of the Navy, for whom a reduction 
is made under this section during any fiscal year of service- 
in-grade otherwise required under this paragraph— 
‘‘(i) for officers of the Army, Navy, and Air 
Force, may not exceed five percent of the authorized 
active-duty strength for that fiscal year for officers of 
that armed force in those grades; and 
‘‘(ii) for officers of the Marine Corps, may not 
exceed 10 percent of the authorized active-duty 
strength for that fiscal year for officers in those 
grades.’’. 
SEC. 507. DIVERSITY IN MILITARY LEADERSHIP AND RE-
LATED REPORTING REQUIREMENTS. 
(a) PLAN TO ACHIEVE MILITARY LEADERSHIP RE-
FLECTING DIVERSITY OF UNITED STATES POPULATION.— 
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141 
(1) IN GENERAL.—Chapter 37 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 656. Diversity in military leadership: plan 
‘‘(a) PLAN.—The Secretary of Defense shall develop 
and implement a plan to accurately measure the efforts of 
the Department of Defense to achieve a dynamic, sustain-
able level of members of the armed forces (including reserve 
components) that, among both commissioned officers and 
senior enlisted personnel of each armed force, will reflect 
the diverse population of the United States eligible to serve 
in the armed forces, including gender specific, racial, and 
ethnic populations. Any metric established pursuant to this 
subsection may not be used in a manner that undermines 
the merit-based processes of the Department of Defense, in-
cluding such processes for accession, retention, and pro-
motion. Such metrics may not be combined with the identi-
fication of specific quotas based upon diversity characteris-
tics. The Secretary shall continue to account for diversified 
language and cultural skills among the total force of the 
military. 
‘‘(b) METRICS TO MEASURE PROGRESS IN DEVEL-
OPING AND IMPLEMENTING PLAN.—In developing and im-
plementing the plan under subsection (a), the Secretary of 
Defense shall develop a standard set of metrics and collec-
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142 
tion procedures that are uniform across the armed forces. 
The metrics required by this subsection shall be designed— 
‘‘(1) to accurately capture the inclusion and ca-
pability aspects of the armed forces broader diversity 
plans, including race, ethnic, and gender specific 
groups, functional expertise, and diversified cultural 
and language skills as to leverage and improve readi-
ness; and 
‘‘(2) to be verifiable and systematically linked to 
strategic plans that will drive improvements. 
‘‘(c) DEFINITION OF DIVERSITY.—In developing and 
implementing the plan under subsection (a), the Secretary 
of Defense shall develop a uniform definition of diversity. 
‘‘(d) CONSULTATION.—Not less than annually, the Sec-
retary of Defense shall meet with the Secretaries of the mili-
tary departments, the Joint Chiefs of Staff, and senior en-
listed members of the armed forces to discuss the progress 
being made toward developing and implementing the plan 
established under subsection (a). 
‘‘(e) COOPERATION WITH STATES.—The Secretary of 
Defense shall coordinate with the National Guard Bureau 
and States in tracking the progress of the National Guard 
toward developing and implementing the plan established 
under subsection (a).’’. 
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘656. Diversity in military leadership: plan.’’. 
(b) INCLUSION IN DOD MANPOWER REQUIREMENTS 
REPORT.—Section 115a(c) of such title is amended by add-
ing at the end the following new paragraphs: 
‘‘(4) The progress made in implementing the 
plan required by section 656 of this title to accurately 
measure the efforts of the Department to reflect the di-
verse population of the United States eligible to serve 
in the armed forces. 
‘‘(5) The number of members of the armed forces, 
including reserve components, listed by sex and race 
or ethnicity for each rank under each military de-
partment. 
‘‘(6) The number of members of the armed forces, 
including reserve components, who were promoted 
during the year covered by the report, listed by sex 
and race or ethnicity for each rank under each mili-
tary department. 
‘‘(7) The number of members of the armed forces, 
including reserve components, who reenlisted or other-
wise extended the commitment to military service 
during the year covered by the report, listed by sex 
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144 
and race or ethnicity for each rank under each mili-
tary department. 
‘‘(8) The available pool of qualified candidates 
for the general officer grades of general and lieutenant 
general and the flag officer grades of admiral and vice 
admiral.’’. 
Subtitle B—Reserve Component 
Management 
SEC. 511. CODIFICATION OF STAFF ASSISTANT POSITIONS 
FOR JOINT STAFF RELATED TO NATIONAL 
GUARD AND RESERVE MATTERS. 
(a) CODIFICATION OF EXISTING POSITIONS.—Chapter 
5 of title 10, United States Code, is amended by inserting 
after section 155 the following new section: 
‘‘§ 155a. Assistants to the Chairman of the Joint 
Chiefs of Staff for National Guard mat-
ters and for Reserve matters 
‘‘(a) ESTABLISHMENT OF POSITIONS.—The Secretary 
of Defense shall establish the following positions within the 
Joint Staff: 
‘‘(1) Assistant to the Chairman of the Joint 
Chiefs of Staff for National Guard Matters. 
‘‘(2) Assistant to the Chairman of the Joint 
Chiefs of Staff for Reserve Matters. 
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‘‘(b) SELECTION.—(1) The Assistant to the Chairman 
of the Joint Chiefs of Staff for National Guard Matters shall 
be selected by the Chairman from officers of the Army Na-
tional Guard of the United States or the Air Guard of the 
United States who— 
‘‘(A) are recommended for such selection by their 
respective Governors or, in the case of the District of 
Columbia, the commanding general of the District of 
Columbia National Guard; 
‘‘(B) have had at least 10 years of federally rec-
ognized commissioned service in the National Guard 
and significant joint duty experience, as determined 
by the Chairman of the Joint Chiefs of Staff; and 
‘‘(C) are in a grade above the grade of colonel. 
‘‘(2) The Assistant to the Chairman of the Joint Chiefs 
of Staff for Reserve Matters shall be selected by the Chair-
man from officers of the Army Reserve, the Navy Reserve, 
the Marine Corps Reserve, or the Air Force Reserve who— 
‘‘(A) are recommended for such selection by the 
Secretary of the military department concerned; 
‘‘(B) have had at least 10 years of commissioned 
service in their reserve component and significant 
joint duty experience, as determined by the Chairman 
of the Joint Chiefs of Staff; and 
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146 
‘‘(C) are in a grade above the grade of colonel or, 
in the case of the Navy Reserve, captain. 
‘‘(c) TERM OF OFFICE.—Each Assistant to the Chair-
man of the Joint Chiefs of Staff under subsection (a) serves 
at the pleasure of the Chairman for a term of two years 
and may be continued in that assignment in the same man-
ner for one additional term. However, in time of war there 
is no limit on the number of terms. 
‘‘(d) GRADE.—Each Assistant to the Chairman of the 
Joint Chiefs of Staff under subsection (a), while so serving, 
holds the grade of major general or, in the case of the Navy 
Reserve, rear admiral. Each such officer shall be considered 
to be serving in a position covered by the limited exclusion 
from the authorized strength of general officers and flag offi-
cers on active duty provided by section 526(b) of this title. 
‘‘(e) DUTIES.—(1) The Assistant to the Chairman of 
the Joint Chiefs of Staff for National Guard Matters is an 
adviser to the Chairman on matters relating to the National 
Guard and performs the duties prescribed for that position 
by the Chairman. 
‘‘(2) The Assistant to the Chairman of the Joint Chiefs 
of Staff for Reserve Matters is an adviser to the Chairman 
on matters relating to the reserves and performs the duties 
prescribed for that position by the Chairman. 
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147 
‘‘(f) OTHER RESERVE COMPONENT REPRESENTATION 
ON JOINT STAFF.—The Secretary of Defense, in consulta-
tion with the Chairman of the Joint Chiefs, shall develop 
appropriate policy guidance to ensure that, to the max-
imum extent practicable, the level of representation of re-
serve component officers on the Joint Staff is commensurate 
with the significant role of the reserve components within 
the armed forces.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item related to section 155 the following new item: 
‘‘155a. Assistants to the Chairman of the Joint Chiefs of Staff for National Guard 
matters and for Reserve matters.’’. 
(c) REPEAL OF SUPERSEDED LAW.—Section 901 of 
the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85; 10 U.S.C. 155 note) is repealed. 
SEC. 512. AUTOMATIC FEDERAL RECOGNITION OF PRO-
MOTION OF CERTAIN NATIONAL GUARD WAR-
RANT OFFICERS. 
Section 310(a) of title 32, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Notwithstanding’’; 
and 
(2) by adding at the end the following new para-
graph: 
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‘‘(2) Notwithstanding sections 307 and 309 of this 
title, if a warrant officer, W–1, of the National Guard is 
promoted to the grade of chief warrant officer, W–2, to fill 
a vacancy in a federally recognized unit in the National 
Guard, Federal recognition is automatically extended to 
that officer in the grade of chief warrant officer, W–2, effec-
tive as of the date on which that officer has completed the 
service in the grade prescribe by the Secretary concerned 
under section 12242 of title 10, if the warrant officer has 
remained in an active status since the warrant officer was 
so recommended.’’. 
Subtitle C—General Service 
Authorities 
SEC. 521. MODIFICATIONS TO CAREER INTERMISSION 
PILOT PROGRAM. 
(a) EXTENSION OF PROGRAMS TO INCLUDE ACTIVE 
GUARD AND RESERVE PERSONNEL.—Subsection (a)(1) of 
section 533 of Duncan Hunter National Defense Authoriza-
tion Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4449; 10 U.S.C. 701 prec.) is amended by inserting 
after ‘‘officers and enlisted members of the regular compo-
nents’’ the following: ‘‘, and members of the Active Guard 
and Reserve (as defined in section 101(b)(16) of title 10, 
United States Code),’’. 
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(b) AUTHORITY TO CARRY FORWARD UNUSED AC-
CRUED LEAVE.—Subsection (h) of such section is amended 
by adding at the end the following new paragraph: 
‘‘(5) LEAVE.—A member who participates in a 
pilot program is entitled to carry forward the leave 
balance, existing as of the day on which the member 
begins participation and accumulated in accordance 
with section 701 of title 10, United States Code, but 
not to exceed 60 days.’’. 
(c) AUTHORITY FOR DISABILITY PROCESSING.—Sub-
section (j) of such section is amended— 
(1) by striking ‘‘for purposes of the entitlement’’ 
and inserting ‘‘for purposes of— 
‘‘(1) the entitlement’’; 
(2) by striking the period at the end and insert-
ing ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(2) retirement or separation for physical dis-
ability under the provisions of chapters 55 and 61 of 
title 10, United States Code.’’. 
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150 
SEC. 
522. 
AUTHORITY 
FOR 
ADDITIONAL 
BEHAVIORAL 
HEALTH PROFESSIONALS TO CONDUCT PRE- 
SEPARATION MEDICAL EXAMS FOR POST- 
TRAUMATIC STRESS DISORDER. 
Section 1177(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘or psychia-
trist’’ and inserting ‘‘psychiatrist, licensed clinical so-
cial worker, or psychiatric nurse practitioner’’; and 
(2) in paragraph (3), by striking ‘‘or psychia-
trist’’ and inserting ‘‘, psychiatrist, licensed clinical 
social worker, or psychiatric nurse practitioner’’. 
SEC. 523. AUTHORITY TO ACCEPT VOLUNTARY SERVICES TO 
ASSIST DEPARTMENT OF DEFENSE EFFORTS 
TO ACCOUNT FOR MISSING PERSONS. 
Section 1501(a)(6) of title 10, United States Code, is 
amended by adding at the end the following new subpara-
graph: 
‘‘(D) Notwithstanding section 1342 of title 31, the Sec-
retary of Defense may accept voluntary services provided 
by individuals or non–Federal entities to further the pur-
poses of this chapter.’’. 
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151 
SEC. 524. AUTHORIZED LEAVE AVAILABLE FOR MEMBERS 
OF THE ARMED FORCES UPON BIRTH OR 
ADOPTION OF A CHILD. 
Section 701 of title 10, United States Code, is amend-
ed— 
(1) by striking subsections (i) and (j) and insert-
ing the following new subsection: 
‘‘(i)(1) A member of the armed forces who gives birth 
to a child or who adopts a child in a qualifying child adop-
tion and will be primary caregiver for the adopted child 
shall receive 42 days of leave after the birth or adoption 
to be used in connection with the birth or adoption of the 
child. 
‘‘(2) A married member of the armed forces on active 
duty whose wife gives birth to a child or who adopts a child 
in a qualifying child adoption, but will not be primary 
caregiver for the adopted child, shall receive 10 days of leave 
to be used in connection with the birth or adoption of the 
child. 
‘‘(3) If two members of the armed forces who are mar-
ried to each other adopt a child in a qualifying child adop-
tion, only one of the members may be designated as primary 
caregiver for purposes of paragraph (1). In the case of a 
dual-military couple, the member authorized leave under 
paragraph (1) and the member authorized leave under 
paragraph (2) may utilize the leave at the same time. 
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‘‘(4) For the purpose of this subsection, an adoption 
of a child by a member is a qualifying child adoption if 
the member is eligible for reimbursement of qualified adop-
tion expenses for such adoption under section 1052 of this 
title. 
‘‘(5) Leave authorized under this subsection is in addi-
tion to other leave provided under other provisions of this 
section. 
‘‘(6) The Secretary of Defense may prescribe such regu-
lations as may be necessary to carry out this subsection.’’; 
and 
(2) by redesignating subsection (k) as subsection 
(j). 
SEC. 525. COMMAND RESPONSIBILITY AND ACCOUNT-
ABILITY FOR REMAINS OF MEMBERS OF THE 
ARMY, NAVY, AIR FORCE, AND MARINE CORPS 
WHO DIE OUTSIDE THE UNITED STATES. 
Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Defense shall take such steps 
as may be necessary to ensure that there is continuous, des-
ignated military command responsibility and account-
ability for the care, handling, and transportation of the re-
mains of each deceased member of the Army, Navy, Air 
Force, or Marine Corps who died outside the United States, 
beginning with the initial recovery of the remains, through 
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153 
the defense mortuary system, until the interment of the re-
mains or the remains are otherwise accepted by the person 
designated as provided by section 1482(c) of title 10, United 
States Code, to direct disposition of the remains. 
SEC. 526. REPORT ON FEASIBILITY OF DEVELOPING GEN-
DER-NEUTRAL OCCUPATIONAL STANDARDS 
FOR MILITARY OCCUPATIONAL SPECIALTIES 
CURRENTLY CLOSED TO WOMEN. 
Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees a report evaluating the feasi-
bility of incorporating gender-neutral occupational stand-
ards for military occupational specialties closed, as of the 
date of the enactment of this Act, to female members of the 
Armed Forces. 
SEC. 527. COMPLIANCE WITH MEDICAL PROFILES ISSUED 
FOR MEMBERS OF THE ARMED FORCES. 
(a) COMPLIANCE REQUIREMENT.—The Secretary of a 
military department shall ensure that commanding offi-
cers— 
(1) do not prohibit or otherwise restrict the abil-
ity of physicians and other licensed health-care pro-
viders to issue a medical profile for a member of the 
Armed Forces; and 
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154 
(2) comply with the terms of a medical profile 
issued to a member of the Armed Forces is assigning 
duties to the member. 
(b) LIMITED WAIVER AUTHORITY.—The first general 
officer or flag officer in the chain of command of a member 
of the Armed Forces covered by a medical profile may au-
thorize, on a case-by-case basis, a temporary waiver of the 
compliance requirement imposed by subsection (a)(2) if the 
officer determines that the assignment of duties to the mem-
ber in violation of the terms of the medical profile is vital 
to ensuring the readiness of the member and the unit. 
(c) MEDICAL PROFILE DEFINED.—In this section, the 
term ‘‘medical profile’’, with respect to a member of the 
Armed Forces, means a limitation imposed by a physician 
or other licensed health-care provider on the physical activ-
ity of the member on account of an illness or injury to fa-
cilitate the member’s recovery or reduce the seriousness of 
the illness or injury. 
Subtitle D—Military Justice and 
Legal Matters 
SEC. 531. CLARIFICATION AND ENHANCEMENT OF THE 
ROLE OF STAFF JUDGE ADVOCATE TO THE 
COMMANDANT OF THE MARINE CORPS. 
(a) APPOINTMENT BY THE PRESIDENT AND PERMA-
NENT APPOINTMENT TO GRADE OF MAJOR GENERAL.— 
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155 
Subsection (a) of section 5046 of title 10, United States 
Code, is amended— 
(1) in the first sentence, by striking ‘‘detailed’’ 
and inserting ‘‘appointed by the President, by and 
with the advice and consent of the Senate,’’; and 
(2) by striking the second sentence and inserting 
the following: ‘‘If the officer to be appointed as the 
Staff Judge Advocate to the Commandant of the Ma-
rine Corps holds a grade lower than the grade of 
major general immediately before the appointment, 
the officer shall be appointed in the grade of major 
general.’’. 
(b) DUTIES, AUTHORITY, AND ACCOUNTABILITY.— 
Such section is further amended— 
(1) by redesignating subsection (c) as subsection 
(d); and 
(2) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) The Staff Judge Advocate to the Commandant of 
the Marine Corps, under the direction of the Commandant 
of the Marine Corps and the Secretary of the Navy, shall— 
‘‘(1) perform such duties relating to legal matters 
arising in the Marine Corps as may be assigned to 
the Staff Judge Advocate; 
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‘‘(2) perform the functions and duties, and exer-
cise the powers, prescribed for the Staff Judge Advo-
cate to the Commandant of the Marine Corps in 
chapters 47 (the Uniform Code of Military Justice) 
and 53 of this title; and 
‘‘(3) perform such other duties as may be as-
signed to the Staff Judge Advocate.’’. 
(c) 
COMPOSITION
OF
HEADQUARTERS, 
MARINE 
CORPS.—Section 5041(b) of such title is amended— 
(1) by redesignating paragraphs (4) and (5) as 
paragraphs (5) and (6), respectively; and 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph (4): 
‘‘(4) The Staff Judge Advocate to the Com-
mandant of the Marine Corps.’’. 
(d) SUPERVISION OF CERTAIN LEGAL SERVICES.— 
(1) ADMINISTRATION
OF
MILITARY
JUSTICE.— 
Section 806(a) of such title (article 6(a) of the Uni-
form Code of Military Justice) is amended in the 
third sentence by striking ‘‘or senior members of his 
staff’’ and inserting ‘‘, the Staff Judge Advocate to the 
Commandant of the Marine Corps, or senior members 
of their staffs’’. 
(2) DELIVERY OF LEGAL ASSISTANCE.—Section 
1044(b) of such title is amended by inserting ‘‘and, 
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within the Marine Corps, the Staff Judge Advocate to 
the Commandant of the Marine Corps’’ after ‘‘juris-
diction of the Secretary’’. 
SEC. 532. PERSONS WHO MAY EXERCISE DISPOSITION AU-
THORITY REGARDING CHARGES INVOLVING 
CERTAIN SEXUAL MISCONDUCT OFFENSES 
UNDER THE UNIFORM CODE OF MILITARY 
JUSTICE. 
(a) PERSONS WHO MAY EXERCISE DISPOSITION AU-
THORITY.— 
(1) DISPOSITION AUTHORITY.—With respect to 
any charge under chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice) 
that alleges an offense specified in paragraph (2), the 
Secretary of Defense shall require the Secretaries of 
the military departments to restrict disposition au-
thority under section 830 of such chapter (article 30 
of the Uniform Code of Military Justice) to officers of 
the Armed Forces who have the authority to convene 
special courts-martial under section 823 of such chap-
ter (article 23 of the Uniform Code of Military Jus-
tice), but no lower than the first colonel, or in the case 
of the Navy, the first captain, with a legal advisor (or 
access to a legal advisor) in the chain of command of 
the person accused of committing the offense. 
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158 
(2) COVERED
OFFENSES.—Paragraph (1) ap-
plies with respect to a charge that alleges any of the 
following offenses under chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice): 
(A) Rape or sexual assault under subsection 
(a) or (b) of section 920 of such chapter (article 
120). 
(B) Forcible sodomy under section 925 of 
such chapter (article 125). 
(C) An attempt to commit an offense speci-
fied in paragraph (1) or (2), as punishable 
under section 880 of such chapter (article 80). 
(b) IMPLEMENTATION.— 
(1) SERVICE SECRETARIES.—The Secretaries of 
the military departments shall revise policies and 
procedures as necessary to comply with subsection (a). 
(2) SECRETARY OF DEFENSE.—Not later than 
180 days after the date of the enactment of this Act, 
the Secretary of Defense shall recommend such 
changes to the Manual for Courts-Martial as are nec-
essary to ensure compliance with subsection (a). 
(c) RECOMMENDATION OF ADDITIONAL CHANGES TO 
MANUAL FOR COURTS-MARTIAL OR UCMJ POLICY.—Not 
later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall make recommendations 
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for additional changes to the Manual for Courts-Martial or 
to Department of Defense policies that would— 
(1) ensure the consideration of the material facts 
regarding an alleged offense specified in subsection 
(a)(2) or other sexual offense under sections 920 
through 920c of title 10, United States Code (articles 
120 through 120c of the Uniform Code of Military 
Justice) is given precedence over the consideration of 
the character of the military service of the person ac-
cused of the sexual offense; and 
(2) require all commanders who receive a report 
or complaint alleging an offense specified in sub-
section (a)(2) to refer the report or complaint to the 
Defense Criminal Investigative Service, Army Crimi-
nal Investigative Command, Naval Criminal Inves-
tigative Service, or Air Force Office of Special Inves-
tigations, as the case may be. 
SEC. 533. INDEPENDENT REVIEW AND ASSESSMENT OF UNI-
FORM CODE OF MILITARY JUSTICE AND JUDI-
CIAL PROCEEDINGS OF SEXUAL ASSAULT 
CASES. 
(a) INDEPENDENT REVIEW AND ASSESSMENT.—The 
Secretary of Defense shall establish an independent panel 
to conduct an independent review and assessment of judi-
cial proceedings under the Uniform Code of Military Jus-
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tice involving sexual assault and related offenses for the 
purpose of developing potential improvements to such pro-
ceedings. 
(b) INDEPENDENT PANEL FOR REVIEW.— 
(1) COMPOSITION.—The panel shall be composed 
of five members, appointed by the Secretary of De-
fense from among private United States citizens who 
have expertise in military law, civilian law, prosecu-
tion of sexual assaults in Federal criminal court, 
military justice policies, the missions of the Armed 
Forces, or offenses relating to rape, sexual assault, 
and other sexual misconduct under the Uniform Code 
of Military Justice.. 
(2) CHAIR.—The chair of the panel shall be ap-
pointed by the Secretary from among the members of 
the panel appointed under paragraph (1). 
(3) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the panel. 
Any vacancy in the panel shall be filled in the same 
manner as the original appointment. 
(4) DEADLINE FOR APPOINTMENTS.—All original 
appointments to the panel shall be made not later 
than 120 days after the date of the enactment of this 
Act. 
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(5) MEETINGS.—The panel shall meet at the call 
of the chair. 
(6) FIRST MEETING.—The chair shall call the 
first meeting of the panel not later than 60 days after 
the date of the appointment of all the members of the 
panel. 
(7) DURATION.—The panel shall expire on Sep-
tember 30, 2017. 
(c) DUTIES.— 
(1) ANNUAL
REPORT
ON
IMPLEMENTATION
OF 
UCMJ AMENDMENTS.—The panel shall prepare annual 
reports regarding the implementation of the reforms 
to the offenses relating to rape, sexual assault, and 
other sexual misconduct under the Uniform Code of 
Military Justice enacted by section 541 of the Na-
tional Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1404). 
(2) REVIEW AND CONSULTATION.—In preparing 
the reports, the panel shall review, evaluate, and as-
sess the following: 
(A) The advisory sentencing guidelines 
given by judges in Federal courts and how those 
guidelines compare to advisory sentencing guid-
ance provided to panels rendering punishments 
in court-martial proceedings, including whether 
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it would be more beneficial for advisory sen-
tencing guidelines to be provided to panels or for 
discretion to be given to judges regarding wheth-
er to issue advisory sentencing guidelines. 
(B) The punishments or administrative ac-
tions taken in response to sexual assault court- 
martial proceedings, including the number of 
punishments or administrative actions taken as 
rendered by a panel and the number of punish-
ments or administrative actions rendered by a 
judge and the consistency and proportionality of 
the decisions, punishments, and administrative 
actions to the facts of each case compared with 
Federal and State criminal courts. 
(C) The court-martial convictions of sexual 
assaults in the year covered by the report and 
the number and description of instances when 
punishments were reduced upon appeal and the 
instances in which the defendant appealed fol-
lowing a plea agreement, if such information is 
available. 
(D) The number of instances in which the 
previous sexual conduct of the alleged victim was 
considered in Article 32 proceedings and any in-
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163 
stances where previous sexual conduct was 
deemed to be inadmissible. 
(E) The number of instances in which evi-
dence of the previous sexual conduct of the al-
leged victim was introduced by the defense in a 
court-martial what impact that evidence had on 
the case. 
(F) The training level of defense and pros-
ecution trial counsel, including an inventory of 
the experience of JAG lead trial counsel in each 
instance and any existing standards or require-
ments for lead counsel, including their experience 
in defending or prosecuting sexual assault and 
related offenses. 
(G) Such other matters and materials as the 
panel considers appropriate for purposes of the 
reports. 
(3) UTILIZATION OF OTHER STUDIES.—In pre-
paring the reports, the panel may review, and incor-
porate as appropriate, the findings of applicable on-
going and completed studies 
(4) FIRST REPORT.—Not later than 180 days 
after its first meeting, the panel shall submit to the 
Secretary of Defense and the Committees on Armed 
Services of the Senate and the House of Representa-
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tives its first report under this subsection. The panel 
shall include proposals for such legislative or admin-
istrative action as the panel considers appropriate in 
light of its review. 
(d) POWERS OF PANEL.— 
(1) HEARINGS.—The panel may hold such hear-
ings, sit and act at such times and places, take such 
testimony, and receive such evidence as the panel con-
siders appropriate to carry out its duties under this 
section. 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
Upon request by the chair of the panel, any depart-
ment or agency of the Federal Government may pro-
vide information that the panel considers necessary to 
carry out its duties under this section. 
(e) PERSONNEL MATTERS.— 
(1) PAY OF MEMBERS.—Members of the panel 
shall serve without pay by reason of their work on the 
panel. 
(2) TRAVEL
EXPENSES.—The members of the 
panel shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from 
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their homes or regular places of business in the per-
formance or services for the panel. 
SEC. 534. COLLECTION AND RETENTION OF RECORDS ON 
DISPOSITION OF REPORTS OF SEXUAL AS-
SAULT. 
(a) COLLECTION.—The Secretary of Defense shall re-
quire that the Secretary of each military department estab-
lish a record on the disposition of any report of sexual as-
sault, whether such disposition is court martial, nonjudicial 
punishment, or other administrative action. The record of 
any such disposition shall include the following, as appro-
priate: 
(1) Documentary information collected about the 
incident reported, other than investigator case notes. 
(2) Punishment imposed, including the sen-
tencing by judicial or non-judicial means including 
incarceration, fines, restriction, and extra duty as a 
result of military court-martial, Federal and local 
court and other sentencing, or any other punishment 
imposed. 
(3) Administrative actions taken, if any. 
(4) Any pertinent referrals offered as a result of 
the incident (such as drug and alcohol counseling and 
other types of counseling or intervention). 
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166 
(b) RETENTION.—The Secretary of Defense shall re-
quire that— 
(1) the records established pursuant to subsection 
(a) be retained by the Department of Defense for a pe-
riod of not less than 20 years; and 
(2) a copy of such records be maintained at a 
centralized location for the same period as applies to 
retention of the records under paragraph (1). 
SEC. 535. BRIEFING, PLAN, AND RECOMMENDATIONS RE-
GARDING EFFORTS TO PREVENT AND RE-
SPOND TO HAZING INCIDENTS INVOLVING 
MEMBERS OF THE ARMED FORCES. 
(a) BRIEFING AND PLAN REQUIRED.—Not later than 
May 1, 2013, the Secretary of Defense shall provide to the 
Committees on Armed Services of the Senate and House of 
Representatives a briefing and plan that outlines efforts by 
the Department of Defense— 
(1) to prevent the hazing of members of the 
Armed Forces by other members of the Armed Forces; 
and 
(2) to respond to and resolve alleged hazing inci-
dents involving members of the Armed Forces, includ-
ing the prosecution of offenders through the use of pu-
nitive articles under subchapter X of chapter 47 of 
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167 
title 10, United States Code (the Uniform Code of 
Military Justice). 
(b) DATABASE.—The plan required by subsection (a) 
shall include the establishment of a database for the purpose 
of improving the ability of the Department of Defense— 
(1) to determine the extent to which hazing inci-
dents involving members of the Armed Forces are oc-
curring and the nature of such hazing incidents; and 
(2) to track, respond to, and resolve hazing inci-
dents involving members of the Armed Forces. 
(c) RECOMMENDATIONS.—As part of the briefing re-
quired by subsection (a), the Secretary of Defense shall sub-
mit such recommendations for changes to the Uniform Code 
of Military Justice and the Manual for Courts-Martial as 
the Secretary of Defense considers necessary to improve the 
prosecution of hazing incidents. 
(d) CONSULTATION.—The Secretary of Defense shall 
prepare the plan, database, and recommendations required 
by this section in consultation with the Secretaries of the 
military departments. 
(e) HAZING DESCRIBED.—For purposes of carrying 
out this section, the Secretary of Defense shall use the defini-
tion of hazing contained in the August 28, 1997, Secretary 
of Defense Policy Memorandum, which defined hazing as 
any conduct whereby a member of the Armed Forces, re-
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168 
gardless of branch or rank, without proper authority causes 
another member to suffer, or be exposed to, any activity 
which is cruel, abusive, humiliating, oppressive, demeaning, 
or harmful. Soliciting or coercing another person to per-
petrate any such activity is also considered hazing. Hazing 
need not involve physical contact among or between mem-
bers of the Armed Forces. Hazing can be verbal or psycho-
logical in nature. Actual or implied consent to acts of haz-
ing does not eliminate the culpability of the perpetrator. 
SEC. 536. PROTECTION OF RIGHTS OF CONSCIENCE OF 
MEMBERS OF THE ARMED FORCES AND CHAP-
LAINS OF SUCH MEMBERS. 
(a) PROTECTION.—Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1034 the 
following new section: 
‘‘§ 1034a. Protection of rights of conscience of mem-
bers of the Armed Forces and chaplains of 
such members 
‘‘(a) PROTECTION OF RIGHTS OF CONSCIENCE.—The 
Armed Forces shall accommodate the conscience and sin-
cerely held moral principles and religious beliefs of the 
members of the Armed Forces concerning the appropriate 
and inappropriate expression of human sexuality and may 
not use such conscience, principles, or beliefs as the basis 
of any adverse personnel action, discrimination, or denial 
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169 
of promotion, schooling, training, or assignment. Nothing 
in this subsection precludes disciplinary action for conduct 
that is proscribed by chapter 47 of this title (the Uniform 
Code of Military Justice). 
‘‘(b) PROTECTION OF CHAPLAINS.—(1) For purposes 
of this title, a military chaplain is— 
‘‘(A) a certified religious leader or clergy of a 
faith community who, after satisfying the professional 
and educational requirements of the commissioning 
service, is commissioned as an officer in the Chap-
lains Corps of one of the branches of the Armed 
Forces; and 
‘‘(B) a representative of the faith group of the 
chaplain, who remains accountable to the endorsing 
faith group for the religious ministry involved to 
members of the Armed Forces, to— 
‘‘(i) provide for the religious and spiritual needs 
of members of the Armed Forces of that faith group; 
and 
‘‘(ii) facilitate the religious needs of members of 
the Armed Forces of other faith groups. 
‘‘(2) No member of the Armed Forces may— 
‘‘(A) direct, order, or require a chaplain to per-
form any duty, rite, ritual, ceremony, service, or 
function that is contrary to the conscience, moral 
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170 
principles, or religious beliefs of the chaplain, or con-
trary to the moral principles and religious beliefs of 
the endorsing faith group of the chaplain; or 
‘‘(B) discriminate or take any adverse personnel 
action against a chaplain, including denial of pro-
motion, schooling, training, or assignment, on the 
basis of the refusal by the chaplain to comply with a 
direction, order, or requirement prohibited by sub-
paragraph (A). 
‘‘(c) REGULATIONS.—The Secretary of Defense shall 
issue regulations implementing the protections afforded by 
this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 53 of title 10, United States Code, 
is amended by inserting after the item relating to section 
1034 the following new item: 
1034a. Protection of rights of conscience of members of the Armed Forces and 
chaplains of such members. 
SEC. 537. USE OF MILITARY INSTALLATIONS AS SITES FOR 
MARRIAGE CEREMONIES OR MARRIAGE-LIKE 
CEREMONIES. 
A military installation or other property owned or 
rented by, or otherwise under the jurisdiction or control of, 
the Department of Defense may not be used to officiate, sol-
emnize, or perform a marriage or marriage-like ceremony 
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183 
‘‘(B)(i) Subject to subparagraph (C), the Sec-
retary may pay a bonus to a participant who agrees 
in the participation agreement under paragraph (1) 
to accept full-time employment as an elementary 
school teacher, secondary school teacher, or career or 
technical teacher for not less than three school years 
in an eligible school. 
‘‘(ii) The amount of the bonus may not exceed 
$5,000, unless the eligible school is a high-need school, 
in which case the amount of the bonus may not exceed 
$10,000. Within such limits, the bonus may vary by 
participant and may take into account the priority 
placements as determined by the Secretary. 
‘‘(C)(i) The total number of stipends that may be 
paid under subparagraph (A) in any fiscal year may 
not exceed 5,000. 
‘‘(ii) The total number of bonuses that may be 
paid under subparagraph (B) in any fiscal year may 
not exceed 3,000. 
‘‘(iii) A participant may not receive a stipend 
under subparagraph (A) if the participant is eligible 
for benefits under chapter 33 of title 38. 
‘‘(iv) The combination of a stipend under sub-
paragraph (A) and a bonus under subparagraph (B) 
for any one participant may not exceed $10,000. 
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257 
with the advice and consent of the Senate, for service in 
that position. The commander of such a subordinate com-
mand shall also be required to be a surgeon general of one 
of the military departments. 
‘‘(e) AUTHORITY OF COMBATANT COMMANDER.—(1) In 
addition to the authority prescribed in section 164(c) of this 
title, the commander of the unified medical command shall 
be responsible for, and shall have the authority to conduct, 
all affairs of such command relating to medical operations 
activities. 
‘‘(2) The commander of such command shall be respon-
sible for, and shall have the authority to conduct, the fol-
lowing functions relating to medical operations activities 
(whether or not relating to the unified medical command): 
‘‘(A) Developing programs and doctrine. 
‘‘(B) Preparing and submitting to the Secretary 
of Defense program recommendations and budget pro-
posals for the forces described in subsection (b) and 
for other forces assigned to the unified medical com-
mand. 
‘‘(C) Exercising authority, direction, and control 
over the expenditure of funds— 
‘‘(i) for forces assigned to the unified med-
ical command; 
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311 
‘‘(3) Providing recommendations to the Under 
Secretary on budget matters pertaining to the indus-
trial base, the supply chain, and the development and 
retention of skills necessary to support the industrial 
base. 
‘‘(4) Providing recommendations and acquisition 
policy guidance to the Under Secretary on supply 
chain management and supply chain vulnerability 
throughout the entire supply chain, from suppliers of 
raw materials to producers of major end items.’’. 
(2) by striking paragraph (5) and redesignating 
paragraphs (6), (7), (8), (9), and (10) as paragraphs 
(5), (6), (7), (8), and (9), respectively; 
(3) by inserting after paragraph (9), as so redes-
ignated, the following new paragraph (10): 
‘‘(10) Providing policy and oversight of matters 
related to materials critical to national security to 
ensure a secure supply of such materials to the De-
partment of Defense.’’. 
(4) by redesignating paragraph (15) as para-
graph (18); and 
(5) by inserting after paragraph (14) the fol-
lowing new paragraphs: 
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482 
(3) Section 2649(c) is amended by striking 
‘‘During the 5-year period beginning on the date of 
the enactment of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011’’ and inserting 
‘‘Until January 6, 2016’’. 
(4) Section 2790(g)(1) is amended by striking 
‘‘on or after the date of the enactment of the Ike Skel-
ton National Defense Authorization Act for Fiscal 
Year 2011’’ and inserting ‘‘after January 6, 2011,’’. 
(5) Sections 3911(b)(2), 6323(a)(2)(B), and 
8911(b)(2) are amended by striking ‘‘the date of the 
enactment of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011’’ and inserting 
‘‘January 7, 2011,’’. 
(6) Section 10217(d)(3) is amended by striking 
‘‘after the end of the 2-year period beginning on the 
date of the enactment of this subsection’’ and insert-
ing ‘‘after January 6, 2013’’. 
(g) OTHER MISCELLANEOUS AMENDMENTS TO TITLE 
10.—Title 10, United States Code, is amended as follows: 
(1) Section 113(c)(2) is amended by striking 
‘‘on’’ after ‘‘Board on’’. 
(2) The table of sections at the beginning of 
chapter 4 is amended by striking the item relating to 
section 133b. 
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483 
(3) Paragraph (3) of section 138(c), as added by 
section 314(a) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1357), is transferred to appear at the end of sec-
tion 138c(c). 
(4) Section 139a(d)(4) is amended by adding a 
period at the end. 
(5) Section 139b(a)(6) is amended by striking 
‘‘propriety’’ and inserting ‘‘proprietary’’. 
(6) The item relating to section 225 at the end 
of the table of sections at the beginning of chapter 9 
is transferred to appear after the item relating to sec-
tion 224. 
(7) Section 843(b)(2)(B)(v) (article 43 of the 
Uniform Code of Military Justice) is amended by 
striking ‘‘Kidnaping,,’’ and inserting ‘‘Kidnaping,’’ 
(8) Section 920(g)(7) (article 120 of the Uniform 
Code of Military Justice) is amended by striking the 
second period at the end. 
(9) Section 1086(b)(1) is amended by striking 
‘‘clause (2)’’ and inserting ‘‘paragraph (2)’’. 
(10) Section 1142(b)(10) is amended by striking 
‘‘training,,’’ and inserting ‘‘training,’’. 
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484 
(11) Section 1401(a) is amended by striking 
‘‘columns 1, 2, 3, and 4,’’ in the matter preceding the 
table and inserting ‘‘columns 1, 2, and 3,’’. 
(12) Section 1781(a) is amended— 
(A) in the first sentence, by striking ‘‘Direc-
tor’’ and inserting ‘‘Office’’; 
(B) in the first sentence, by striking ‘‘here-
inafter’’; and 
(C) in the second sentence, by striking ‘‘of-
fice’’ both places it appears and inserting ‘‘Of-
fice’’. 
(13) Section 1790 is amended— 
(A) by striking the section heading and in-
serting the following: 
‘‘§ 1790. Military personnel citizenship processing’’; 
(B) by striking ‘‘AUTHORIZATION OF PAY-
MENTS.—’’; 
(C) by striking ‘‘title 10, United States 
Code’’ and inserting ‘‘this title’’; 
(D) by striking ‘‘Secs.’’; and 
(E) by striking ‘‘sections 286(m) and (n) of 
such Act (8 U.S.C. Sec. 1356(m))’’ and inserting 
‘‘subsections m and (n) of section 286 of such Act 
(8 U.S.C. 1356).’’. 
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