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sia, first and foremost because it could strengthen ca-
pabilities across Europe to intercept Iranian mis-
siles’’. He also wrote that ‘‘[t]he United States has 
pursued missile defense cooperation with Russia with 
the clear understanding that we would not accept con-
straints on missile defense, and that we would under-
take necessary qualitative and quantitative improve-
ments to meet U.S. Security needs’’. 
(12) In February 2012, an international group 
of independent experts known as the Euro-Atlantic 
Security Initiative issued a report proposing missile 
defense cooperation between the United States (with 
its North Atlantic Treaty Organization allies) and 
Russia. The group, whose leaders included Stephen 
Hadley, the National Security Advisor to President 
George W. Bush, proposed that the nations share sat-
ellite and radar early warning data at joint coopera-
tion centers in order to improve their ability to de-
tect, track, and defeat medium-range and inter-
mediate-range ballistic missiles from the Middle East. 
(13) In a letter dated April 13, 2012, Robert 
Nabors, Assistant to the President and Director of the 
Office of Legislative Affairs, wrote that ‘‘it is Admin-
istration policy that we will only provide information 
to Russia that will enhance the effectiveness of our 
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missile defenses. The Administration will not provide 
Russia with sensitive information that would in any 
way compromise our national security, including hit- 
to-kill technology and interceptor telemetry’’. 
(14) The United States and Russia already en-
gage in substantial cooperation on a number of inter-
national security efforts, including nuclear non-
proliferation, anti-piracy, counter-narcotics, nuclear 
security, counter-terrorism, and logistics resupply 
through Russia of coalition forces in Afghanistan. 
These areas of cooperation require each side to share 
and protect sensitive information, which they have 
both done successfully. 
(15) The United States currently has shared 
early warning agreements and programs of coopera-
tion with eight nations in addition to the North At-
lantic Treaty Organization. The United States has 
developed procedures and mechanisms for sharing 
early warning information with partner nations 
while ensuring the protection of sensitive United 
States information. 
(16) Russia and the United States each have 
missile launch early warning and detection and 
tracking sensors that could contribute to and enhance 
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each others’ ability to detect, track, an defend against 
ballistic missile threats from Iran. 
(17) The Obama Administration has provided 
regular briefings to Congress on its discussions with 
Russia on possible missile defense cooperation. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) it is in the national security interest of the 
United States to pursue efforts at missile defense co-
operation with Russia that would enhance the secu-
rity of the United States, its North Atlantic Treaty 
Organization allies, and Russia, particularly against 
missile threats from Iran; 
(2) the United States should pursue ballistic 
missile defense cooperation with Russia on both a bi-
lateral basis and a multilateral basis with its North 
Atlantic Treaty Organization allies, particularly 
through the NATO-Russia Council; 
(3) missile defense cooperation with Russia 
should not ‘‘in any way limit United States’ or 
NATO’s missile defense capabilities’’, as acknowledged 
in the December 18, 2010, letter from President 
Obama to the leadership of the Senate, and should be 
mutually beneficial and reciprocal in nature; 
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(4) the United States should not provide Russia 
with sensitive missile defense information that would 
in any way compromise United States national secu-
rity, including ‘‘hit-to-kill’’ technology and inter-
ceptor telemetry; and 
(5) the United States should pursue missile de-
fense cooperation with Russia in a manner that en-
sures that— 
(A) United States classified information is 
appropriately safeguarded and protected from 
unauthorized disclosure; 
(B) prior to sharing classified information 
with Russia, the United States conducts a Na-
tional Disclosure Policy review and determines 
the types and levels of information that may be 
shared and whether any additional procedures 
are necessary to protect such information; 
(C) prior to entering into missile defense 
technology cooperation projects, the United 
States enters into a Defense Technology Coopera-
tion Agreement with Russia that establishes the 
legal framework for a broad spectrum of poten-
tial cooperative defense projects; and 
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(D) such cooperation does not limit the mis-
sile defense capabilities of the United States or 
its North Atlantic Treaty Organization allies. 
SEC. 234. NEXT GENERATION EXO-ATMOSPHERIC KILL VE-
HICLE. 
(a) PLAN FOR NEXT GENERATION KILL VEHICLE.— 
The Director of the Missile Defense Agency shall develop a 
long-term plan for the Exo-atmospheric Kill Vehicle (EKV) 
that addresses both modifications and enhancements to the 
current Exo-atmospheric Kill Vehicle and options for the 
competitive development of a next generation Exo-atmos-
pheric Kill Vehicle for the Ground-Based Interceptor (GBI) 
of the Ground-based Midcourse Defense (GMD) system and 
any other interceptor that might be developed for the defense 
of the United States against long-range ballistic missiles. 
(b) DEFINITION
OF PARAMETERS
AND CAPABILI-
TIES.— 
(1) ASSESSMENT REQUIRED.—The Director shall 
define the desired technical parameters and perform-
ance capabilities for a next generation Exo-atmos-
pheric Kill Vehicle using an assessment conducted by 
the Director for that purpose that is designed to en-
sure that a next generation Exo-atmospheric Kill Ve-
hicle design— 
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(A) enables ease of manufacturing, high tol-
erances to production processes and supply chain 
variability, and inherent reliability; 
(B) will be optimized to take advantage of 
the Ballistic Missile Defense System architecture 
and sensor system capabilities; 
(C) leverages all relevant kill vehicle devel-
opment activities and technologies, including 
from the current Standard Missile-3 Block IIB 
(SM–3 IIB) program and the previous Multiple 
Kill Vehicle technology development program; 
(D) seeks to maximize, to the greatest extent 
practicable, commonality between subsystems of 
a next generation Exo-atmospheric Kill Vehicle 
and other exo-atmospheric kill vehicle programs; 
and 
(E) meets Department of Defense criteria, 
as established in the February 2010 Ballistic 
Missile Defense Review, for affordability, reli-
ability, suitability, and operational effectiveness 
to defend against limited attacks from evolving 
and future threats from long-range missiles. 
(2) EVALUATION OF PAYLOADS.—The assessment 
required by paragraph (1) shall include an evaluation 
of the potential benefits and drawbacks of options for 
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both unitary and multiple Exo-atmospheric Kill Vehi-
cle payloads. 
(3) STANDARD
MISSILE-3
BLOCK
IIB
INTER-
CEPTOR.—As part of the assessment required by para-
graph (1), the Director shall evaluate whether there 
are potential options and opportunities arising from 
the Standard Missile-3 Block IIB interceptor develop-
ment program for development of an exo-atmospheric 
kill vehicle, or kill vehicle technologies or components, 
that could be used for potential upgrades to the 
Ground-Based Interceptor or for a next generation 
Exo-atmospheric Kill Vehicle. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Director 
shall submit to the congressional defense committees a 
report setting forth the plan developed under sub-
section (a), including the results of the assessment 
under subsection (b), and an estimate of the cost and 
schedule of implementing the plan. 
(2) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
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SEC. 235. MODERNIZATION OF THE PATRIOT AIR AND MIS-
SILE DEFENSE SYSTEM. 
(a) PLAN FOR MODERNIZATION.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of the Army shall submit to the congressional defense 
committees a prioritized plan for support of the long-term 
requirements in connection with the modernization of the 
Patriot air and missile defense system. 
(b) ADDITIONAL ELEMENTS.—The report required by 
subsection (a) shall also set forth the following: 
(1) An assessment of the integrated air and mis-
sile defense capabilities required to meet the demands 
of evolving and emerging threats. 
(2) A plan for the introduction of changes to the 
Patriot air and missile defense system program to 
achieve reductions in the life-cycle cost of the Patriot 
air and missile defense system. 
SEC. 236. MEDIUM EXTENDED AIR DEFENSE SYSTEM. 
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 (MEADS). 
SEC. 237. AVAILABILITY OF FUNDS FOR IRON DOME SHORT- 
RANGE ROCKET DEFENSE PROGRAM. 
Of the amounts authorized to be appropriated for fiscal 
year 2013 by section 201 for research, development, test, 
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and evaluation, Defense-wide, and available for the Missile 
Defense Agency, $210,000,000 may be provided to the Gov-
ernment of Israel for the Iron Dome short-range rocket de-
fense program as specified in the funding table in section 
4201. 
SEC. 238. READINESS AND FLEXIBILITY OF INTERCONTI-
NENTAL BALLISTIC MISSILE FORCE. 
The Secretary of Defense may, in a manner consistent 
with the obligations of the United States under inter-
national agreements— 
(1) retain intercontinental ballistic missile 
launch facilities currently supporting deployed stra-
tegic nuclear delivery vehicles within the limit of 800 
deployed and non-deployed strategic launchers; 
(2) maintain intercontinental ballistic missiles 
on alert or operationally deployed status; and 
(3) preserve intercontinental ballistic missile 
silos in operational or warm status. 
SEC. 239. SENSE OF CONGRESS ON THE SUBMITTAL TO 
CONGRESS OF THE HOMELAND DEFENSE 
HEDGING POLICY AND STRATEGY REPORT OF 
THE SECRETARY OF DEFENSE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Section 233 of the National Defense Author-
ization Act for Fiscal Year 2012 (Public Law 112– 
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81; 125 Stat. 1340) requires a homeland defense hedg-
ing policy and strategy report from the Secretary of 
Defense. 
(2) The report was required to be submitted not 
later than 75 days after the date of the enactment of 
the National Defense Authorization Act for Fiscal 
Year 2012, namely by March 16, 2012. 
(3) The Secretary of Defense has not yet sub-
mitted the report as required. 
(4) In March 2012, General Charles Jacoby, Jr., 
Commander of the United States Northern Command, 
the combatant command responsible for operation of 
the Ground-based Midcourse Defense system to defend 
the homeland against ballistic missile threats, testified 
before Congress that ‘‘I am confident in my ability to 
successfully defend the homeland from the current set 
of limited long-range ballistic missile threats’’, and 
that ‘‘[a]gainst current threats from the Middle East, 
I am confident we are well postured’’. 
(5) Phase 4 of the European Phased Adaptive 
Approach (EPAA) is intended to augment the cur-
rently deployed homeland defense capability of the 
Ground-based Midcourse Defense system against a po-
tential future Iranian long-range missile threat by de-
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ploying an additional layer of forward-deployed 
interceptors in Europe in the 2020 timeframe. 
(6) The Director of National Intelligence, James 
Clapper, has testified to Congress that, although the 
intelligence community does ‘‘not know if Iran will 
eventually decide to build nuclear weapons’’, it judges 
‘‘that Iran would likely choose missile delivery as its 
preferred method of delivering a nuclear weapon’’. He 
also testified that ‘‘Iran already has the largest inven-
tory of ballistic missiles in the Middle East, and it 
is expanding the scale, reach, and sophistication of its 
ballistic missile forces, many of which are inherently 
capable of carrying a nuclear payload’’. 
(7) The 2012 Annual Report to Congress on the 
Military Power of Iran by the Department of Defense 
states that, in addition to increasing its missile in-
ventories, ‘‘Iran has boosted the lethality and effec-
tiveness of its existing missile systems with accuracy 
improvements and new submunitions payloads’’, and 
that it continues to develop missiles that can strike 
Israel and Eastern Europe. It also states that ‘‘Iran 
has launched multistage space launch vehicles that 
could serve as a testbed for developing long-range bal-
listic missiles technologies’’, and that ‘‘[w]ith suffi-
cient foreign assistance, Iran may be technically ca-
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pable of flight-testing an intercontinental ballistic 
missile by 2015’’. 
(8) Despite the failure of its April 2012 satellite 
launch attempt, North Korea warned the United 
States in October 2012 that the United States main-
land is within range of its missiles. 
(9) The threat of limited ballistic missile attack 
against the United States homeland from countries 
such as North Korea and Iran is increasing. 
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that— 
(1) the homeland defense hedging policy and 
strategy report required by section 233 of the Na-
tional Defense Authorization Act for Fiscal Year 2012 
is necessary to inform Congress on options to protect 
the United States homeland against the evolving bal-
listic missile threat, including potential options prior 
to the deployment of Phase 4 of the European Phased 
Adaptive Approach to missile defense; and 
(2) the Secretary of Defense should comply with 
the requirements of section 233 of the National De-
fense Authorization Act for Fiscal Year 2012 by sub-
mitting the homeland defense hedging policy and 
strategy report to Congress. 
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Subtitle D—Reports 
SEC. 251. MISSION PACKAGES FOR THE LITTORAL COMBAT 
SHIP. 
(a) REPORT REQUIRED.—Not later than March 1, 
2013, the Secretary of the Navy shall, in consultation with 
the Director of Operational Test and Evaluation, submit 
to the congressional defense committees a report on the mine 
countermeasures warfare (MCM), antisubmarine warfare 
(ASW), and surface warfare (SUW) Mission Packages for 
the Littoral Combat Ship. 
(b) ELEMENTS.—The report required by subsection (a) 
shall set forth the following: 
(1) A plan for the Mission Packages dem-
onstrating that Preliminary Design Review for every 
capability increment precedes Milestone B or equiva-
lent approval for that increment. 
(2) A plan for demonstrating that the capability 
increment for each Mission Package, combined with a 
Littoral Combat Ship, on the basis of a Preliminary 
Design Review and post-Preliminary Design Review 
assessment, will achieve the capability specified for 
that increment. 
(3) A plan for demonstrating the survivability 
and lethality of the Littoral Combat Ship with its 
Mission Packages sufficiently early in the develop-
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ment phase of the system to minimize costs of con-
currency. 
SEC. 252. COMPTROLLER GENERAL OF THE UNITED STATES 
ANNUAL REPORTS ON THE ACQUISITION PRO-
GRAM FOR THE AMPHIBIOUS COMBAT VEHI-
CLE. 
(a) ANNUAL GAO REVIEW.—The Comptroller General 
of the United States shall conduct on an annual basis a 
review of the acquisition program for the Amphibious Com-
bat Vehicle (ACV). 
(b) ANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than March 1 of 
each year beginning in 2013, the Comptroller General 
shall submit to the congressional defense committees a 
report on the review of the acquisition program for 
the Amphibious Combat Vehicle conducted under sub-
section (a). 
(2) MATTERS TO BE INCLUDED.—Each report on 
the review of the acquisition program for the Amphib-
ious Combat Vehicle shall include, to the extent ap-
propriate and feasible, the following: 
(A) An assessment of the extent to which the 
program is meeting development and procure-
ment cost, schedule, performance, and risk miti-
gation goals. 
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(B) With respect to meeting the desired ini-
tial operational capability and full operational 
capability dates for the Amphibious Combat Ve-
hicle, an assessment of the progress and results 
of— 
(i) developmental and operational test-
ing of the vehicle; and 
(ii) plans for correcting deficiencies in 
vehicle performance, operational effective-
ness, reliability, suitability, and safety. 
(C) An assessment of procurement plans, 
production results, and efforts to improve manu-
facturing efficiency and supplier performance in 
connection with the Amphibious Combat Vehicle. 
(D) An assessment of the acquisition strat-
egy for the Amphibious Combat Vehicle, includ-
ing whether the strategy complies with acquisi-
tion management best-practices and the acquisi-
tion policy and regulations of the Department of 
Defense. 
(E) A risk assessment of the integrated mas-
ter schedule and the test and evaluation master 
plan of the Amphibious Combat Vehicle as it re-
lates to— 
(i) the probability of success; 
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(ii) the funding required for the vehicle 
in comparison with the funding pro-
grammed for the vehicle; and 
(iii) development and production con-
currency. 
(3) ADDITIONAL
INFORMATION
IN
FIRST
RE-
PORT.—In submitting to the congressional defense 
committees the first report under paragraph (1), the 
Comptroller General shall include, with respect to the 
Amphibious Combat Vehicle program, an assessment 
of the sufficiency and objectivity of the following doc-
uments: 
(A) The analysis of alternatives. 
(B) The initial capabilities document. 
(C) The capability development document. 
(4) INFORMATION IN SUBSEQUENT REPORTS.— 
(A) CERTAIN INFORMATION REQUIRED ONLY 
FOLLOWING
SIGNIFICANT
CHANGES.—A report 
under this subsection after the first report under 
paragraph (1) shall address the matters identi-
fied in subparagraphs (C), (D), and (E) of para-
graph (2) only to the extent that the Comptroller 
General determines that there have been signifi-
cant changes to the applicable plans, strategies, 
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or schedules since the last report under this sub-
section addressing such matters. 
(B) ADDITIONAL INFORMATION AFTER AP-
PROVAL
OR
CHANGE
OF
DOCUMENTS.—If any 
document specified in paragraph (3) is approved 
or changed after the first report under para-
graph (1), the Comptroller General shall provide 
an assessment of the sufficiency and objectivity 
of that document in the report to the congres-
sional defense committees under paragraph (1) 
submitted immediately following such approval 
or change. 
(5) TERMINATION.—No report is required under 
this subsection after the first report following the 
award of a contract for full rate production of the 
Amphibious Combat Vehicle. 
SEC. 253. CONDITIONAL REQUIREMENT FOR REPORT ON 
AMPHIBIOUS ASSAULT VEHICLES FOR THE 
MARINE CORPS. 
(a) IN GENERAL.—If the ongoing Marine Corps 
ground combat vehicle fleet mix study recommends the ac-
quisition of a separate Marine Personnel Carrier, the Sec-
retary of the Navy and the Commandant of the Marine 
Corps shall jointly submit to the congressional defense com-
mittees a report that includes the following: 
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(1) A detailed description of the capability gaps 
that Marine Personnel Carriers are intended to miti-
gate and the capabilities that the Marine Personnel 
Carrier will be required to have to mitigate such 
gaps, and an assessment whether, and to what extent, 
Amphibious Combat Vehicles could mitigate such 
gaps. 
(2) A detailed explanation of the role of the Ma-
rine Personnel Carriers in fulfilling the forcible entry 
requirement for the two Marine Expeditionary Bri-
gades (MEBs) that make up the assault echelons of 
the three Marine Expeditionary Brigade force re-
quired to meet applicable war plans of the combatant 
commands. 
(3) A description of the fraction of the assault 
echelon of the brigades referred to in paragraph (2) 
that would be comprised of Marine Personnel Car-
riers. 
(4) An assessment of the direct operational risk 
associated with using ship-to-shore connectors to de-
liver Marine Personnel Carriers to shore in an am-
phibious assault. 
(5) An assessment of the indirect operational 
risk associated with using ship-to-shore connectors to 
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deliver Marine Personnel Carriers rather than tanks 
and artillery and other tactical vehicles. 
(6) A comparative estimate of the acquisition 
and life-cycle costs of a split fleet of Amphibious Com-
bat Vehicles and Marine Personnel Carriers with the 
acquisition and life-cycle costs of a pure fleet of Am-
phibious Combat Vehicles. 
(b) SUBMITTAL DATE.—If required, the report under 
subsection (a) shall be submitted not later than the later 
of— 
(1) the date that is 60 days after the date of the 
completion of the study referred to in subsection (a); 
or 
(2) February 1, 2013. 
Subtitle E—Other Matters 
SEC. 271. TRANSFER OF ADMINISTRATION OF OCEAN RE-
SEARCH AND RESOURCES ADVISORY PANEL 
FROM DEPARTMENT OF THE NAVY TO NA-
TIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION. 
(a) IN GENERAL.—Subsection (a) of section 7903 of 
title 10, United States Code, is amended— 
(1) in the matter preceding paragraph (1)— 
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(A) by inserting ‘‘, through the Adminis-
trator of the National Oceanic and Atmospheric 
Administration,’’ after ‘‘The Council’’; 
(B) by inserting ‘‘and Resources’’ after 
‘‘Ocean Research’’; 
(C) by striking ‘‘Panel consisting’’ and in-
serting ‘‘Panel. The Panel shall consist’’; and 
(D) by striking ‘‘chairman’’ and inserting 
‘‘Administrator, on behalf of the Council’’; 
(2) in paragraph (1), by striking ‘‘National 
Academy of Science’’ and inserting ‘‘National Acad-
emies of Science’’; 
(3) by striking paragraphs (2) and (3); and 
(4) by redesignating paragraphs (4) and (5) as 
paragraphs (2) and (3), respectively. 
(b) RESPONSIBILITIES OF PANEL.—Subsection (b) of 
such section is amended— 
(1) by inserting ‘‘, through the Administrator of 
the National Oceanic and Atmospheric Administra-
tion,’’ after ‘‘The Council’’; 
(2) by striking paragraph (2); 
(3) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; and 
(4) by inserting after paragraph (1) the fol-
lowing new paragraphs (2) and (3): 
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‘‘(2) To advise the Council on the determination 
of scientific priorities and needs. 
‘‘(3) To provide the Council strategic advice re-
garding national ocean program execution and col-
laboration.’’. 
(c) FUNDING TO SUPPORT ACTIVITIES OF PANEL.— 
Subsection (c) of such section is amended by striking ‘‘Sec-
retary of the Navy’’ and inserting ‘‘Secretary of Com-
merce’’. 
(d) CONFORMING AMENDMENT.—Section 7902(e)(1) of 
such title is amended by striking ‘‘Ocean Research Advisory 
Panel’’ and inserting ‘‘Ocean Research and Resources Advi-
sory Panel’’. 
(e) CLERICAL AMENDMENTS.— 
(1) HEADING AMENDMENT.—The heading of sec-
tion 7903 of such title is amended to read as follows: 
‘‘§ 7903. Ocean Research and Resources Advisory 
Panel’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 665 of such title is 
amended by striking the item relating to section 7903 
and inserting the following new item: 
‘‘7903. Ocean Research and Resources Advisory Panel.’’. 
(f) REFERENCES.—Any reference to the Ocean Re-
search Advisory Panel in any law, regulation, map, docu-
ment, record, or other paper of the United States shall be 
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rfrederick on DSK6VPTVN1PROD with
110 
† HR 4310 PP
deemed to be a reference to the Ocean Research and Re-
sources Advisory Panel. 
SEC. 272. SENSE OF SENATE ON INCREASING THE COST-EF-
FECTIVENESS OF TRAINING EXERCISES FOR 
MEMBERS OF THE ARMED FORCES. 
It is the sense of the Senate that— 
(1) modeling and simulation will continue to 
play a critical role in the training of the members of 
the Armed Forces; 
(2) while increased modeling and simulation has 
reduced overall costs of training of members of the 
Armed Forces, there are still significant costs associ-
ated with the human resources required to execute cer-
tain training exercises where role-playing actors for 
certain characters such as opposing forces, the civil-
ian populace, other government agencies, and non- 
governmental organizations are required; 
(3) technological advances in areas such as vary-
ing levels of autonomy for systems, multi-player gam-
ing techniques, and artificial intelligence could reduce 
the number of personnel required to support certain 
training exercises for members of the Armed Forces, 
and thereby reduce the overall cost of the exercises; 
and 
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