National Defense Authorization Act for Fiscal Year 2013
PL 112-239 (H.R.4310), enacted 01/02/2013

126 STAT. 1632 
PUBLIC LAW 112–239—JAN. 2, 2013 
Public Law 112–239 
112th Congress 
An Act 
To authorize appropriations for fiscal year 2013 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart-
ment of Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Defense Authorization 
Act for Fiscal Year 2013’’. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into four divisions as 
follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(4) Division D—Funding Tables. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Authorization of appropriations. 
Subtitle B—Army Programs 
Sec. 111. Multiyear procurement authority for Army CH–47 helicopters. 
Sec. 112. Reports on airlift requirements of the Army. 
Subtitle C—Navy Programs 
Sec. 121. Extension of Ford class aircraft carrier construction authority. 
Sec. 122. Multiyear procurement authority for Virginia class submarine program. 
Sec. 123. Multiyear procurement authority for Arleigh Burke class destroyers and 
associated systems. 
Sec. 124. Limitation on availability of amounts for second Ford class aircraft car-
rier. 
Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln. 
Sec. 126. Designation of mission modules of the Littoral Combat Ship as a major 
defense acquisition program. 
Sec. 127. Report on Littoral Combat Ship designs. 
Sec. 128. Comptroller General review of Littoral Combat Ship program. 
Sec. 129. Sense of Congress on importance of engineering in early stages of ship-
building. 
National Defense 
Authorization 
Act for Fiscal 
Year 2013. 
Jan. 2, 2013 
[H.R. 4310] 
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126 STAT. 1633 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 130. Sense of Congress on nuclear-powered ballistic submarines. 
Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence require-
ments. 
Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014 budget 
request for tactical aviation aircraft. 
Subtitle D—Air Force Programs 
Sec. 141. Reduction in number of aircraft required to be maintained in strategic 
airlift aircraft inventory. 
Sec. 142. Retirement of B–1 bomber aircraft. 
Sec. 143. Avionics systems for C–130 aircraft. 
Sec. 144. Treatment of certain programs for the F–22A Raptor aircraft as major de-
fense acquisition programs. 
Subtitle E—Joint and Multiservice Matters 
Sec. 151. Multiyear procurement authority for V–22 joint aircraft program. 
Sec. 152. Procurement of space-based infrared systems satellites. 
Sec. 153. Limitation on availability of funds for evolved expendable launch vehicle 
program. 
Sec. 154. Limitation on availability of funds for retirement of RQ–4 Global Hawk 
unmanned aircraft systems. 
Sec. 155. Requirement to set F–35 aircraft initial operational capability dates. 
Sec. 156. Shallow Water Combat Submersible program. 
Sec. 157. Requirement that tactical manned intelligence, surveillance, and recon-
naissance aircraft and unmanned aerial vehicles use specified standard 
data link. 
Sec. 158. Study on small arms and small-caliber ammunition capabilities. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Next-generation long-range strike bomber aircraft nuclear certification re-
quirement. 
Sec. 212. Extension of limitation on availability of funds for Unmanned Carrier- 
launched Surveillance and Strike system program. 
Sec. 213. Limitation on availability of funds for milestone A activities for an Army 
medium range multi-purpose vertical takeoff and landing unmanned 
aircraft system. 
Sec. 214. Use of funds for conventional prompt global strike program. 
Sec. 215. Next Generation Foundry for the Defense Microelectronics Activity. 
Sec. 216. Advanced rotorcraft initiative. 
Subtitle C—Missile Defense Programs 
Sec. 221. Prohibition on the use of funds for the MEADS program. 
Sec. 222. Availability of funds for Iron Dome short-range rocket defense program. 
Sec. 223. Authority for relocation of certain Aegis weapon system assets between 
and within the DDG–51 class destroyer and Aegis Ashore programs in 
order to meet mission requirements. 
Sec. 224. Evaluation of alternatives for the precision tracking space system. 
Sec. 225. Next generation Exo-atmospheric Kill Vehicle. 
Sec. 226. Modernization of the Patriot air and missile defense system. 
Sec. 227. Evaluation and environmental impact assessment of potential future mis-
sile defense sites in the United States. 
Sec. 228. Homeland ballistic missile defense. 
Sec. 229. Regional ballistic missile defense. 
Sec. 230. NATO contributions to missile defense in Europe. 
Sec. 231. Report on test plan for the ground-based midcourse defense system. 
Sec. 232. Sense of Congress on missile defense. 
Sec. 233. Sense of Congress on the submittal to Congress of the homeland defense 
hedging policy and strategy report of the Secretary of Defense. 
Subtitle D—Reports 
Sec. 241. Mission packages for the Littoral Combat Ship. 
Sec. 242. Study on electronic warfare capabilities of the Marine Corps. 
Sec. 243. Conditional requirement for report on amphibious assault vehicles for the 
Marine Corps. 
Sec. 244. Report on cyber and information technology research investments of the 
Air Force. 
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126 STAT. 1634 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 245. National Research Council review of defense science and technical grad-
uate education needs. 
Subtitle E—Other Matters 
Sec. 251. Eligibility for Department of Defense laboratories to enter into edu-
cational partnerships with educational institutions in territories and 
possessions of the United States. 
Sec. 252. Regional advanced technology clusters. 
Sec. 253. Sense of Congress on increasing the cost-effectiveness of training exer-
cises for members of the Armed Forces. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Energy and Environment 
Sec. 311. Training range sustainment plan and training range inventory. 
Sec. 312. Authority of Secretary of a military department to enter into cooperative 
agreements with Indian tribes for land management associated with 
military installations and State-owned National Guard installations. 
Sec. 313. Department of Defense guidance on environmental exposures at military 
installations and briefing regarding environmental exposures to mem-
bers of the Armed Forces. 
Sec. 314. Report on status of targets in implementation plan for operational energy 
strategy. 
Sec. 315. Limitation on obligation of Department of Defense funds from Defense 
Production Act of 1950 for biofuel refinery construction. 
Sec. 316. Sense of Congress on protection of Department of Defense airfields, train-
ing airspace, and air training routes. 
Subtitle C—Logistics and Sustainment 
Sec. 321. Expansion and reauthorization of multi-trades demonstration project. 
Sec. 322. Restoration and amendment of certain provisions relating to depot-level 
maintenance and core logistics capabilities. 
Sec. 323. Rating chains for system program managers. 
Subtitle D—Readiness 
Sec. 331. Intergovernmental support agreements with State and local governments. 
Sec. 332. Expansion and reauthorization of pilot program for availability of work-
ing-capital funds for product improvements. 
Sec. 333. Department of Defense national strategic ports study and Comptroller 
General studies and reports on strategic ports. 
Subtitle E—Reports 
Sec. 341. Annual report on Department of Defense long-term corrosion strategy. 
Sec. 342. Report on joint strategy for readiness and training in a C4ISR-denied en-
vironment. 
Sec. 343. Comptroller General review of annual Department of Defense report on 
prepositioned materiel and equipment. 
Sec. 344. Modification of report on maintenance and repair of vessels in foreign 
shipyards. 
Sec. 345. Extension of deadline for Comptroller General report on Department of 
Defense service contract inventory. 
Subtitle F—Limitations and Extension of Authority 
Sec. 351. Repeal of redundant authority to ensure interoperability of law enforce-
ment and emergency responder training. 
Sec. 352. Aerospace control alert mission. 
Sec. 353. Limitation on authorization of appropriations for the National Museum of 
the United States Army. 
Sec. 354. Limitation on availability of funds for retirement or inactivation of Ticon-
deroga class cruisers or dock landing ships. 
Sec. 355. Renewal of expired prohibition on return of veterans memorial objects 
without specific authorization in law. 
Subtitle G—National Commission on the Structure of the Air Force 
Sec. 361. Short title. 
Sec. 362. Establishment of Commission. 
Sec. 363. Duties of the Commission. 
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126 STAT. 1635 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 364. Powers of the Commission. 
Sec. 365. Commission personnel matters. 
Sec. 366. Termination of the Commission. 
Sec. 367. Funding. 
Subtitle H—Other Matters 
Sec. 371. Military working dog matters. 
Sec. 372. Comptroller General review of handling, labeling, and packaging proce-
dures for hazardous material shipments. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Sec. 403. Annual limitation on end strength reductions for regular component of 
the Army and Marine Corps. 
Sec. 404. Additional Marine Corps personnel for the Marine Corps Security Guard 
Program. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2013 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy Generally 
Sec. 501. Limitation on number of Navy flag officers on active duty. 
Sec. 502. Reinstatement of authority for enhanced selective early retirement boards 
and early discharges. 
Sec. 503. Modification of definition of joint duty assignment to include all instructor 
assignments for joint training and education. 
Sec. 504. Exception to required retirement after 30 years of service for Regular 
Navy warrant officers in the grade of Chief Warrant Officer, W–5. 
Sec. 505. Extension of temporary authority to reduce minimum length of active 
service as a commissioned officer required for voluntary retirement as 
an officer. 
Sec. 506. Temporary increase in the time-in-grade retirement waiver limitation for 
lieutenant colonels and colonels in the Army, Air Force, and Marine 
Corps and commanders and captains in the Navy. 
Sec. 507. Modification to limitations on number of officers for whom service-in- 
grade requirements may be reduced for retirement in grade upon vol-
untary retirement. 
Sec. 508. Air Force Chief of Chaplains. 
Subtitle B—Reserve Component Management 
Sec. 511. Codification of staff assistant positions for Joint Staff related to National 
Guard and Reserve matters. 
Sec. 512. Automatic Federal recognition of promotion of certain National Guard 
warrant officers. 
Sec. 513. Availability of Transition Assistance Advisors to assist members of re-
serve components who serve on active duty for more than 180 consecu-
tive days. 
Subtitle C—General Service Authorities 
Sec. 518. Authority for additional behavioral health professionals to conduct pre- 
separation medical exams for post-traumatic stress disorder. 
Sec. 519. Diversity in the Armed Forces and related reporting requirements. 
Sec. 520. Limitation on reduction in number of military and civilian personnel as-
signed to duty with service review agencies. 
Sec. 521. Extension of temporary increase in accumulated leave carryover for mem-
bers of the Armed Forces. 
Sec. 522. Modification of authority to conduct programs on career flexibility to en-
hance retention of members of the Armed Forces. 
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126 STAT. 1636 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 523. Prohibition on waiver for commissioning or enlistment in the Armed 
Forces for any individual convicted of a felony sexual offense. 
Sec. 524. Quality review of Medical Evaluation Boards, Physical Evaluation 
Boards, and Physical Evaluation Board Liaison Officers. 
Sec. 525. Reports on involuntary separation of members of the Armed Forces. 
Sec. 526. Report on feasibility of developing gender-neutral occupational standards 
for military occupational specialties currently closed to women. 
Sec. 527. Report on education and training and promotion rates for pilots of re-
motely piloted aircraft. 
Sec. 528. Impact of numbers of members within the Integrated Disability Evalua-
tion System on readiness of Armed Forces to meet mission require-
ments. 
Subtitle D—Military Justice and Legal Matters 
Sec. 531. Clarification and enhancement of the role of Staff Judge Advocate to the 
Commandant of the Marine Corps. 
Sec. 532. Additional information in reports on annual surveys of the Committee on 
the Uniform Code of Military Justice. 
Sec. 533. Protection of rights of conscience of members of the Armed Forces and 
chaplains of such members. 
Sec. 534. Reports on hazing in the Armed Forces. 
Subtitle E—Member Education and Training Opportunities and Administration 
Sec. 541. Transfer of Troops-to-Teachers Program from Department of Education to 
Department of Defense and enhancements to the Program. 
Sec. 542. Support of Naval Academy athletic and physical fitness programs. 
Sec. 543. Expansion of Department of Defense pilot program on receipt of civilian 
credentialing for military occupational specialty skills. 
Sec. 544. State consideration of military training in granting certain State certifi-
cations and licenses as a condition on the receipt of funds for veterans 
employment and training. 
Sec. 545. Department of Defense review of access to military installations by rep-
resentatives of institutions of higher education. 
Sec. 546. Report on Department of Defense efforts to standardize educational tran-
scripts issued to separating members of the Armed Forces. 
Sec. 547. Comptroller General of the United States reports on joint professional 
military education matters. 
Subtitle F—Reserve Officers’ Training Corps and Related Matters 
Sec. 551. Repeal of requirement for eligibility for in-State tuition of at least 50 per-
cent of participants in Senior Reserve Officers’ Training Corps program. 
Sec. 552. Consolidation of military department authority to issue arms, tentage, 
and equipment to educational institutions not maintaining units of Jun-
ior Reserve Officers’ Training Corps. 
Sec. 553. Modification of requirements on plan to increase the number of units of 
the Junior Reserve Officers’ Training Corps. 
Sec. 554. Comptroller General report on Reserve Officers’ Training Corps programs. 
Subtitle G—Defense Dependents’ Education and Military Family Readiness 
Sec. 561. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 562. Impact aid for children with severe disabilities. 
Sec. 563. Amendments to the Impact Aid program. 
Sec. 564. Transitional compensation for dependent children who are carried during 
pregnancy at time of dependent-abuse offense committed by an indi-
vidual while a member of the Armed Forces. 
Sec. 565. Modification of authority to allow Department of Defense domestic de-
pendent elementary and secondary schools to enroll certain students. 
Sec. 566. Noncompetitive 
appointment 
authority 
regarding 
certain 
military 
spouses. 
Sec. 567. Report on future of family support programs of the Department of De-
fense. 
Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day. 
Subtitle H—Improved Sexual Assault Prevention and Response in the Armed Forces 
Sec. 570. Armed Forces Workplace and Gender Relations Surveys. 
Sec. 571. Authority to retain or recall to active duty reserve component members 
who are victims of sexual assault while on active duty. 
Sec. 572. Additional elements in comprehensive Department of Defense policy on 
sexual assault prevention and response. 
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126 STAT. 1637 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 573. Establishment of special victim capabilities within the military depart-
ments to respond to allegations of certain special victim offenses. 
Sec. 574. Enhancement to training and education for sexual assault prevention and 
response. 
Sec. 575. Modification of annual Department of Defense reporting requirements re-
garding sexual assaults. 
Sec. 576. Independent reviews and assessments of Uniform Code of Military Justice 
and judicial proceedings of sexual assault cases. 
Sec. 577. Retention of certain forms in connection with Restricted Reports on sex-
ual assault at request of the member of the Armed Forces making the 
report. 
Sec. 578. General or flag officer review of and concurrence in separation of mem-
bers of the Armed Forces making an Unrestricted Report of sexual as-
sault. 
Sec. 579. Department of Defense policy and plan for prevention and response to 
sexual harassment in the Armed Forces. 
Subtitle I—Suicide Prevention and Resilience 
Sec. 580. Enhancement of oversight and management of Department of Defense 
suicide prevention and resilience programs. 
Sec. 581. Reserve component suicide prevention and resilience program. 
Sec. 582. Comprehensive policy on prevention of suicide among members of the 
Armed Forces. 
Sec. 583. Study of resilience programs for members of the Army. 
Subtitle J—Other Matters 
Sec. 584. Issuance of prisoner-of-war medal. 
Sec. 585. Technical amendments relating to the termination of the Armed Forces 
Institute of Pathology under defense base closure and realignment. 
Sec. 586. Modification of requirement for reports in Federal Register on institutions 
of higher education ineligible for contracts and grants for denial of 
ROTC or military recruiter access to campus. 
Sec. 587. Acceptance of gifts and services related to educational activities and vol-
untary services to account for missing persons. 
Sec. 588. Display of State, District of Columbia, commonwealth, and territorial 
flags by the Armed Forces. 
Sec. 589. Enhancement of authorities on admission of defense industry civilians to 
certain Department of Defense educational institutions and programs. 
Sec. 590. Extension of authorities to carry out a program of referral and counseling 
services to veterans at risk of homelessness who are transitioning from 
certain institutions. 
Sec. 591. Inspection of military cemeteries under the jurisdiction of Department of 
Defense. 
Sec. 592. Report on results of investigations and reviews conducted with respect to 
Port Mortuary Division of the Air Force Mortuary Affairs Operations 
Center at Dover Air Force Base. 
Sec. 593. Preservation of editorial independence of Stars and Stripes. 
Sec. 594. National public awareness and participation campaign for Veterans’ His-
tory Project of American Folklife Center. 
Sec. 595. Report on accuracy of data in the Defense Enrollment Eligibility Report-
ing System. 
Sec. 596. Sense of Congress that the bugle call commonly known as Taps should 
be designated as the National Song of Military Remembrance. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2013 increase in military basic pay. 
Sec. 602. Extension of authority to provide temporary increase in rates of basic al-
lowance for housing under certain circumstances. 
Sec. 603. Basic allowance for housing for two-member couples when one member is 
on sea duty. 
Sec. 604. Rates of basic allowance for housing for members performing active 
Guard and Reserve duty. 
Sec. 605. Payment of benefit for nonparticipation of eligible members in Post-De-
ployment/Mobilization Respite Absence program due to Government 
error. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
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126 STAT. 1638 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 612. One-year extension of certain bonus and special pay authorities for health 
care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
Sec. 614. One-year extension of authorities relating to title 37 consolidated special 
pay, incentive pay, and bonus authorities. 
Sec. 615. One-year extension of authorities relating to payment of other title 37 bo-
nuses and special pays. 
Sec. 616. Increase in maximum amount of officer affiliation bonus for officers in the 
Selected Reserve. 
Sec. 617. Increase in maximum amount of incentive bonus for reserve component 
members who convert military occupational specialty to ease personnel 
shortages. 
Subtitle C—Travel and Transportation Allowances 
Sec. 621. Permanent change of station allowances for members of Selected Reserve 
units filling a vacancy in another unit after being involuntarily sepa-
rated. 
Sec. 622. Authority for comprehensive program for space-available travel on De-
partment of Defense aircraft. 
Subtitle D—Benefits and Services for Members Being Separated or Recently 
Separated 
Sec. 631. Extension of authority to provide two years of commissary and exchange 
benefits after separation. 
Sec. 632. Transitional use of military family housing. 
Subtitle E—Disability, Retired Pay, and Survivor Benefits 
Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan premiums 
when participant waives retired pay to provide a survivor annuity under 
Federal Employees Retirement System and terminating payment of the 
Survivor Benefit Plan annuity. 
Sec. 642. Repeal of automatic enrollment in Family Servicemembers’ Group Life In-
surance for members of the Armed Forces married to other members. 
Sec. 643. Clarification of computation of combat-related special compensation for 
chapter 61 disability retirees. 
Subtitle F—Commissary and Nonappropriated Fund Instrumentality Benefits and 
Operations 
Sec. 651. Repeal of certain recordkeeping and reporting requirements applicable to 
commissary and exchange stores overseas. 
Sec. 652. Treatment of Fisher House for the Families of the Fallen and Meditation 
Pavilion at Dover Air Force Base, Delaware, as a Fisher House. 
Subtitle G—Military Lending 
Sec. 661. Additional enhancements of protections on consumer credit for members 
of the Armed Forces and their dependents. 
Sec. 662. Effect of violations of protections on consumer credit extended to mem-
bers of the Armed Forces and their dependents. 
Sec. 663. Consistent definition of dependent for purposes of applying limitations on 
terms of consumer credit extended to certain members of the Armed 
Forces and their dependents. 
Subtitle H—Military Compensation and Retirement Modernization Commission 
Sec. 671. Purpose, scope, and definitions. 
Sec. 672. Military Compensation and Retirement Modernization Commission. 
Sec. 673. Commission hearings and meetings. 
Sec. 674. Principles and procedure for Commission recommendations. 
Sec. 675. Consideration of Commission recommendations by the President. 
Sec. 676. Executive Director. 
Sec. 677. Staff. 
Sec. 678. Judicial review precluded. 
Sec. 679. Termination. 
Sec. 680. Funding. 
Subtitle I—Other Matters 
Sec. 681. Equal treatment for members of Coast Guard Reserve called to active 
duty under title 14, United States Code. 
Sec. 682. Report regarding Department of Veterans Affairs claims process trans-
formation plan. 
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126 STAT. 1639 
PUBLIC LAW 112–239—JAN. 2, 2013 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—TRICARE and Other Health Care Benefits 
Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental program 
for members of the Selected Reserve who are involuntarily separated. 
Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform for-
mulary. 
Sec. 703. Modification of requirements on mental health assessments for members 
of the Armed Forces deployed in connection with a contingency oper-
ation. 
Sec. 704. Use of Department of Defense funds for abortions in cases of rape and 
incest. 
Sec. 705. Pilot program on certain treatments of autism under the TRICARE pro-
gram. 
Sec. 706. Pilot program on enhancements of Department of Defense efforts on men-
tal health in the National Guard and Reserves through community part-
nerships. 
Sec. 707. Sense of Congress on health care for retired members of the uniformed 
services. 
Subtitle B—Health Care Administration 
Sec. 711. Authority for automatic enrollment in TRICARE Prime of dependents of 
members in pay grades above pay grade E–4. 
Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the TRICARE 
program. 
Sec. 713. Clarification of applicability of certain authority and requirements to sub-
contractors employed to provide health care services to the Department 
of Defense. 
Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE program. 
Sec. 715. Requirement to ensure the effectiveness and efficiency of health engage-
ments. 
Sec. 716. Pilot program for refills of maintenance medications for TRICARE for Life 
beneficiaries through the TRICARE mail-order pharmacy program. 
Subtitle C—Mental Health Care and Veterans Matters 
Sec. 723. Sharing between Department of Defense and Department of Veterans Af-
fairs of records and information retained under the medical tracking 
system for members of the Armed Forces deployed overseas. 
Sec. 724. Participation of members of the Armed Forces in peer support counseling 
programs of the Department of Veterans Affairs. 
Sec. 725. Research and medical practice on mental health conditions. 
Sec. 726. Transparency in mental health care services provided by the Department 
of Veterans Affairs. 
Sec. 727. Expansion of Vet Center Program to include furnishing counseling to cer-
tain members of the Armed Forces and their family members. 
Sec. 728. Organization of the Readjustment Counseling Service in the Department 
of Veterans Affairs. 
Sec. 729. Recruitment of mental health providers for furnishing mental health 
services on behalf of the Department of Veterans Affairs without com-
pensation from the Department. 
Sec. 730. Peer support. 
Subtitle D—Reports and Other Matters 
Sec. 731. Plan for reform of the administration of the military health system. 
Sec. 732. Future availability of TRICARE Prime throughout the United States. 
Sec. 733. Extension of Comptroller General report on contract health care staffing 
for military medical treatment facilities. 
Sec. 734. Extension of Comptroller General report on women-specific health serv-
ices and treatment for female members of the Armed Forces. 
Sec. 735. Study on health care and related support for children of members of the 
Armed Forces. 
Sec. 736. Report on strategy to transition to use of human-based methods for cer-
tain medical training. 
Sec. 737. Study on incidence of breast cancer among members of the Armed Forces 
serving on active duty. 
Sec. 738. Performance metrics and reports on Warriors in Transition programs of 
the military departments. 
Sec. 739. Plan to eliminate gaps and redundancies in programs of the Department 
of Defense on psychological health and traumatic brain injury. 
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126 STAT. 1640 
PUBLIC LAW 112–239—JAN. 2, 2013 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Treatment of procurements on behalf of the Department of Defense 
through the Work for Others program of the Department of Energy. 
Sec. 802. Review and justification of pass-through contracts. 
Sec. 803. Availability of amounts in Defense Acquisition Workforce Development 
Fund. 
Sec. 804. Department of Defense policy on contractor profits. 
Sec. 805. Modification of authorities on internal controls for procurements on behalf 
of the Department of Defense by certain nondefense agencies. 
Sec. 806. Extension of authority relating to management of supply-chain risk. 
Sec. 807. Sense of Congress on the continuing progress of the Department of De-
fense in implementing its Item Unique Identification Initiative. 
Subtitle B—Provisions Relating to Major Defense Acquisition Programs 
Sec. 811. Limitation on use of cost-type contracts. 
Sec. 812. Estimates of potential termination liability of contracts for the develop-
ment or production of major defense acquisition programs. 
Sec. 813. Technical change regarding programs experiencing critical cost growth 
due to change in quantity purchased. 
Sec. 814. Repeal of requirement to review ongoing programs initiated before enact-
ment of Milestone B certification and approval process. 
Subtitle C—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 821. Modification of time period for congressional notification of the lease of 
certain vessels by the Department of Defense. 
Sec. 822. Extension of authority for use of simplified acquisition procedures for cer-
tain commercial items. 
Sec. 823. Codification and amendment relating to life-cycle management and prod-
uct support requirements. 
Sec. 824. Codification of requirement relating to Government performance of crit-
ical acquisition functions. 
Sec. 825. Competition in acquisition of major subsystems and subassemblies on 
major defense acquisition programs. 
Sec. 826. Compliance with Berry Amendment required for uniform components 
supplied to Afghan military or Afghan National Police. 
Sec. 827. Enhancement of whistleblower protections for contractor employees. 
Sec. 828. Pilot program for enhancement of contractor employee whistleblower pro-
tections. 
Sec. 829. Extension of contractor conflict of interest limitations. 
Sec. 830. Repeal of sunset for certain protests of task and delivery order contracts. 
Sec. 831. Guidance and training related to evaluating reasonableness of price. 
Sec. 832. Department of Defense access to, use of, and safeguards and protections 
for contractor internal audit reports. 
Sec. 833. Contractor responsibilities in regulations relating to detection and avoid-
ance of counterfeit electronic parts. 
Subtitle D—Provisions Relating to Contracts in Support of Contingency Operations 
Sec. 841. Extension and expansion of authority to acquire products and services 
produced in countries along a major route of supply to Afghanistan. 
Sec. 842. Limitation on authority to acquire products and services produced in Af-
ghanistan. 
Sec. 843. Responsibility within Department of Defense for operational contract sup-
port. 
Sec. 844. Data collection on contract support for future overseas contingency oper-
ations involving combat operations. 
Sec. 845. Inclusion of operational contract support in certain requirements for De-
partment of Defense planning, joint professional military education, and 
management structure. 
Sec. 846. Requirements for risk assessments related to contractor performance. 
Sec. 847. Extension and modification of reports on contracting in Iraq and Afghani-
stan. 
Sec. 848. Responsibilities of inspectors general for overseas contingency operations. 
Sec. 849. Oversight of contracts and contracting activities for overseas contingency 
operations in responsibilities of Chief Acquisition Officers of Federal 
agencies. 
Sec. 850. Reports on responsibility within Department of State and the United 
States Agency for International Development for contract support for 
overseas contingency operations. 
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Sec. 851. Database on price trends of items and services under Federal contracts. 
Sec. 852. Information on corporate contractor performance and integrity through 
the Federal Awardee Performance and Integrity Information System. 
Sec. 853. Inclusion of data on contractor performance in past performance data-
bases for executive agency source selection decisions. 
Subtitle E—Other Matters 
Sec. 861. Requirements and limitations for suspension and debarment officials of 
the Department of Defense, the Department of State, and the United 
States Agency for International Development. 
Sec. 862. Uniform contract writing system requirements. 
Sec. 863. Extension of other transaction authority. 
Sec. 864. Report on allowable costs of compensation of contractor employees. 
Sec. 865. Reports on use of indemnification agreements. 
Sec. 866. Plan to increase number of contractors eligible for contracts under Air 
Force NETCENTS-2 contract. 
Sec. 867. Inclusion of information on prevalent grounds for sustaining bid protests 
in annual protest report by Comptroller General to Congress. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Additional duties of Deputy Assistant Secretary of Defense for Manufac-
turing and Industrial Base Policy and amendments to Strategic Mate-
rials Protection Board. 
Sec. 902. Requirement for focus on urgent operational needs and rapid acquisition. 
Sec. 903. Designation of Department of Defense senior official for enterprise re-
source planning system data conversion. 
Sec. 904. Additional responsibilities and resources for Deputy Assistant Secretary 
of Defense for Developmental Test and Evaluation. 
Sec. 905. Definition and report on terms ‘‘preparation of the environment’’ and 
‘‘operational preparation of the environment’’ for joint doctrine purposes. 
Sec. 906. Information for Deputy Chief Management Officer of the Department of 
Defense from the military departments and Defense Agencies for de-
fense business system investment reviews. 
Subtitle B—Space Activities 
Sec. 911. Reports on integration of acquisition and capability delivery schedules for 
segments of major satellite acquisition programs and funding for such 
programs. 
Sec. 912. Commercial space launch cooperation. 
Sec. 913. Limitation on international agreements concerning outer space activities. 
Sec. 914. Operationally Responsive Space Program Office. 
Sec. 915. Report on overhead persistent infrared technology. 
Sec. 916. Assessment of foreign components and the space launch capability of the 
United States. 
Sec. 917. Report on counter space technology. 
Subtitle C—Intelligence-Related Activities 
Sec. 921. Authority to provide geospatial intelligence support to certain security al-
liances and regional organizations. 
Sec. 922. Technical amendments to reflect change in name of National Defense In-
telligence College to National Intelligence University. 
Sec. 923. Review of Army Distributed Common Ground System. 
Sec. 924. Electro-optical imagery. 
Sec. 925. Defense Clandestine Service. 
Subtitle D—Cyberspace-Related Matters 
Sec. 931. Implementation strategy for Joint Information Environment. 
Sec. 932. Next-generation host-based cyber security system for the Department of 
Defense. 
Sec. 933. Improvements in assurance of computer software procured by the Depart-
ment of Defense. 
Sec. 934. Competition in connection with Department of Defense tactical data link 
systems. 
Sec. 935. Collection and analysis of network flow data. 
Sec. 936. Competition for large-scale software database and data analysis tools. 
Sec. 937. Software licenses of the Department of Defense. 
Sec. 938. Sense of Congress on potential security risks to Department of Defense 
networks. 
Sec. 939. Quarterly cyber operations briefings. 
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Sec. 940. Sense of Congress on the United States Cyber Command. 
Sec. 941. Reports to Department of Defense on penetrations of networks and infor-
mation systems of certain contractors. 
Subtitle E—Other Matters 
Sec. 951. Advice on military requirements by Chairman of Joint Chiefs of Staff and 
Joint Requirements Oversight Council. 
Sec. 952. Enhancement of responsibilities of the Chairman of the Joint Chiefs of 
Staff regarding the national military strategy. 
Sec. 953. One-year extension of authority to waive reimbursement of costs of activi-
ties for nongovernmental personnel at Department of Defense regional 
centers for security studies. 
Sec. 954. National Language Service Corps. 
Sec. 955. Savings to be achieved in civilian personnel workforce and service con-
tractor workforce of the Department of Defense. 
Sec. 956. Expansion of persons eligible for expedited Federal hiring following com-
pletion of National Security Education Program scholarship. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Budgetary effects of this Act. 
Sec. 1003. Sense of Congress on notice to Congress on unfunded priorities. 
Sec. 1004. Authority to transfer funds to the National Nuclear Security Adminis-
tration to sustain nuclear weapons modernization. 
Sec. 1005. Audit readiness of Department of Defense statements of budgetary re-
sources. 
Sec. 1006. Report on balances carried forward by the Department of Defense at the 
end of fiscal year 2012. 
Sec. 1007. Report on elimination and streamlining of reporting requirements, 
thresholds, and statutory and regulatory requirements resulting from 
unqualified audit opinion of Department of Defense financial state-
ments. 
Subtitle B—Counter-Drug Activities 
Sec. 1008. Extension of the authority to establish and operate National Guard 
counterdrug schools. 
Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and Counter- 
Drug Activities, Defense-wide account. 
Sec. 1010. Extension of authority to support unified counter-drug and counterter-
rorism campaign in Colombia. 
Sec. 1011. Extension of authority for joint task forces to provide support to law en-
forcement agencies conducting counter-terrorism activities. 
Sec. 1012. Requirement for biennial certification on provision of support for 
counter-drug activities to certain foreign governments. 
Subtitle C—Naval Vessels and Shipyards 
Sec. 1013. Policy relating to major combatant vessels of the strike forces of the 
United States Navy. 
Sec. 1014. Limitation on availability of funds for delayed annual naval vessel con-
struction plan. 
Sec. 1015. Retirement of naval vessels. 
Sec. 1016. Termination of a Maritime Prepositioning Ship squadron. 
Sec. 1017.
Sense of Congress on recapitalization for the Navy and Coast Guard. 
Sec. 1018. Notice to Congress for the review of proposals to name naval vessels. 
Subtitle D—Counterterrorism 
Sec. 1021. Extension of authority to make rewards for combating terrorism. 
Sec. 1022. Prohibition on use of funds to construct or modify facilities in the United 
States to house detainees transferred from United States Naval Station, 
Guantanamo Bay, Cuba. 
Sec. 1023. Report on recidivism of individuals detained at United States Naval Sta-
tion, Guantanamo Bay, Cuba, who have been transferred to foreign 
countries. 
Sec. 1024. Notice and report on use of naval vessels for detention of individuals 
captured outside Afghanistan pursuant to the Authorization for Use of 
Military Force. 
Sec. 1025. Notice required prior to transfer of certain individuals detained at the 
Detention Facility at Parwan, Afghanistan. 
Sec. 1026. Report on recidivism of individuals formerly detained at the Detention 
Facility at Parwan, Afghanistan. 
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Sec. 1027. Prohibition on the use of funds for the transfer or release of individuals 
detained at United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1028. Requirements for certifications relating to the transfer of detainees at 
United States Naval Station, Guantanamo Bay, Cuba, to foreign coun-
tries and other foreign entities. 
Sec. 1029. Rights Unaffected. 
Subtitle E—Nuclear Forces 
Sec. 1031. Nuclear weapons employment strategy of the United States. 
Sec. 1032. Progress of modernization. 
Sec. 1033. Report in the event of insufficient funding for modernization of nuclear 
weapons stockpile. 
Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile reductions. 
Sec. 1035. Strategic delivery systems. 
Sec. 1036. Consideration of expansion of nuclear forces of other countries. 
Sec. 1037. Nonstrategic nuclear weapon reductions and extended deterrence policy. 
Sec. 1038. Unilateral change in nuclear weapons stockpile of the United States. 
Sec. 1039. Expansion of duties and responsibilities of the Nuclear Weapons Coun-
cil. 
Sec. 1040. Interagency Council on the Strategic Capability of the National Labora-
tories. 
Sec. 1041. Cost estimates for nuclear weapons. 
Sec. 1042. Prior notification with regard to retirement of strategic delivery systems. 
Sec. 1043. Report on nuclear warheads on intercontinental ballistic missiles of the 
United States. 
Sec. 1044. Requirements for combined or interoperable warhead for certain missile 
systems. 
Sec. 1045. Reports on capability of conventional and nuclear forces against certain 
tunnel sites and on nuclear weapons program of the People’s Republic 
of China. 
Sec. 1046. Report on conventional and nuclear forces in the Western Pacific region. 
Subtitle F—Miscellaneous Authorities and Limitations 
Sec. 1051. Expansion of authority of the Secretary of the Army to loan or donate 
excess non-automatic service rifles for funeral and other ceremonial pur-
poses. 
Sec. 1052. Interagency collaboration on unmanned aircraft systems. 
Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected vehicles 
and spare parts. 
Sec. 1054. Notice to Congress of certain Department of Defense nondisclosure 
agreements. 
Sec. 1055. Extension of authority to provide assured business guarantees to car-
riers participating in Civil Reserve Air Fleet. 
Sec. 1056. Authority for short-term extension of lease for aircraft supporting the 
Blue Devil intelligence, surveillance, and reconnaissance program. 
Sec. 1057. Rule of construction relating to prohibition on infringing on the indi-
vidual right to lawfully acquire, possess, own, carry, and otherwise use 
privately owned firearms, ammunition, and other weapons. 
Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center. 
Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift aircraft for 
general support and time sensitive/mission critical direct support airlift 
missions of the Department of Defense. 
Subtitle G—Studies and Reports 
Sec. 1061. Electronic warfare strategy of the Department of Defense. 
Sec. 1062. Report on counterproliferation capabilities and limitations. 
Sec. 1063. Report on strategic airlift aircraft. 
Sec. 1064. Repeal of biennial report on the Global Positioning System. 
Sec. 1065. Improvements to reports required on acquisition of technology relating 
to weapons of mass destruction and the threat posed by weapons of 
mass destruction, ballistic missiles, and cruise missiles. 
Sec. 1066. Report on force structure of the United States Army. 
Sec. 1067. Report on planned efficiency initiatives at Space and Naval Warfare Sys-
tems Command. 
Sec. 1068. Report on military resources necessary to execute United States Force 
Posture Strategy in the Asia Pacific Region. 
Sec. 1069. Rialto-Colton Basin, California, water resources study. 
Sec. 1070. Reports on the potential security threat posed by Boko Haram. 
Sec. 1071. Study on the ability of national test and evaluation capabilities to sup-
port the maturation of hypersonic technologies for future defense sys-
tems development. 
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PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle H—Other Matters 
Sec. 1076. Technical and clerical amendments. 
Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its 20th an-
niversary. 
Sec. 1078. Dissemination abroad of information about the United States. 
Sec. 1079. Coordination for computer network operations. 
Sec. 1080. Sense of Congress regarding unauthorized disclosures of classified infor-
mation. 
Sec. 1081. Technical amendments to repeal statutory references to United States 
Joint Forces Command. 
Sec. 1082. Sense of Congress on non-United States citizens who are graduates of 
United States educational institutions with advanced degrees in science, 
technology, engineering, and mathematics. 
Sec. 1083. Scientific framework for recalcitrant cancers. 
Sec. 1084. Protection of veterans’ memorials. 
Sec. 1085. Sense of Congress regarding spectrum. 
Sec. 1086. Public Safety Officers’ Benefits Program. 
Sec. 1087. Removal of action. 
Sec. 1088. Transport for female genital mutilation. 
Sec. 1089. Amendments to law enforcement officer safety provisions of title 18. 
Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire suppression pur-
poses. 
Sec. 1091. Transfer of excess aircraft to other departments of the Federal Govern-
ment. 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Sec. 1101. One-year extension of authority to waive annual limitation on premium 
pay and aggregate limitation on pay for Federal civilian employees 
working overseas. 
Sec. 1102. Expansion of experimental personnel program for scientific and technical 
personnel at the Defense Advanced Research Projects Agency. 
Sec. 1103. Extension of authority to fill shortage category positions for certain Fed-
eral acquisition positions for civilian agencies. 
Sec. 1104. One-year extension of discretionary authority to grant allowances, bene-
fits, and gratuities to personnel on official duty in a combat zone. 
Sec. 1105. Policy on senior mentors. 
Sec. 1106. Authority to pay for the transport of family household pets for Federal 
employees during certain evacuation operations. 
Sec. 1107. Interagency personnel rotations. 
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Modification and extension of authorities relating to program to build 
the capacity of foreign military forces. 
Sec. 1202. Extension of authority for non-reciprocal exchanges of defense personnel 
between the United States and foreign countries. 
Sec. 1203. Authority to build the capacity of certain counterterrorism forces in 
Yemen and East Africa. 
Sec. 1204. Limitation on activities under State Partnership Program pending com-
pliance with certain program-related requirements. 
Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan 
Sec. 1211. Authority to support operations and activities of the Office of Security 
Cooperation in Iraq. 
Sec. 1212. Report on insider attacks in Afghanistan and their effect on the United 
States transition strategy for Afghanistan. 
Sec. 1213. United States military support in Afghanistan. 
Sec. 1214. Modification of report on progress toward security and stability in Af-
ghanistan. 
Sec. 1215. Independent assessment of the Afghan National Security Forces. 
Sec. 1216. Extension and modification of logistical support for coalition forces sup-
porting certain United States military operations. 
Sec. 1217. Report on Afghanistan Peace and Reintegration Program. 
Sec. 1218. One-year extension of authority to use funds for reintegration activities 
in Afghanistan. 
Sec. 1219. One-year extension and modification of authority for program to develop 
and carry out infrastructure projects in Afghanistan. 
Sec. 1220. Report on updates and modifications to campaign plan for Afghanistan. 
Sec. 1221. Commanders’ Emergency Response Program in Afghanistan. 
Sec. 1222. Authority to transfer defense articles and provide defense services to the 
military and security forces of Afghanistan. 
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PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 1223. Report on efforts to promote the security of Afghan women and girls 
during the security transition process. 
Sec. 1224. Sense of Congress commending the Enduring Strategic Partnership 
Agreement between the United States and Afghanistan. 
Sec. 1225. Consultations with Congress on a bilateral security agreement with Af-
ghanistan. 
Sec. 1226. Completion of transition of United States combat and military and secu-
rity operations to the Government of Afghanistan. 
Sec. 1227. Extension and modification of authority for reimbursement of certain co-
alition nations for support provided to United States military oper-
ations. 
Sec. 1228. Extension and modification of Pakistan Counterinsurgency Fund. 
Subtitle C—Matters Relating to Iran 
Sec. 1231. Report on United States capabilities in relation to China, North Korea, 
and Iran. 
Sec. 1232. Report on military capabilities of Gulf Cooperation Council members. 
Sec. 1233. Sense of Congress with respect to Iran. 
Sec. 1234. Rule of construction. 
Subtitle D—Iran Sanctions 
Sec. 1241. Short title. 
Sec. 1242. Definitions. 
Sec. 1243. Sense of Congress relating to violations of human rights by Iran. 
Sec. 1244. Imposition of sanctions with respect to the energy, shipping, and ship-
building sectors of Iran. 
Sec. 1245. Imposition of sanctions with respect to the sale, supply, or transfer of 
certain materials to or from Iran. 
Sec. 1246. Imposition of sanctions with respect to the provision of underwriting 
services or insurance or reinsurance for activities or persons with re-
spect to which sanctions have been imposed. 
Sec. 1247. Imposition of sanctions with respect to foreign financial institutions that 
facilitate financial transactions on behalf of specially designated nation-
als. 
Sec. 1248. Impositions of sanctions with respect to the Islamic Republic of Iran 
Broadcasting. 
Sec. 1249. Imposition of sanctions with respect to persons engaged in the diversion 
of goods intended for the people of Iran. 
Sec. 1250. Waiver requirement related to exceptional circumstances preventing sig-
nificant reductions in crude oil purchases. 
Sec. 1251. Statute of limitations for civil actions regarding terrorist acts. 
Sec. 1252. Report on use of certain Iranian seaports by foreign vessels and use of 
foreign airports by sanctioned Iranian air carriers. 
Sec. 1253. Implementation; penalties. 
Sec. 1254. Applicability to certain natural gas projects. 
Sec. 1255. Rule of construction. 
Subtitle E—Satellites and Related Items 
Sec. 1261. Removal of satellites and related items from the United States Muni-
tions List. 
Sec. 1262. Report on licenses and other authorizations to export certain satellites 
and related items. 
Sec. 1263. Report on country exemptions for licensing of exports of certain satellites 
and related items. 
Sec. 1264. End-use monitoring of certain satellites and related items. 
Sec. 1265. Interagency review of modifications to Category XV of the United States 
Munitions List. 
Sec. 1266. Rules of construction. 
Sec. 1267. Definitions. 
Subtitle F—Other Matters 
Sec. 1271. Additional elements in annual report on military and security develop-
ments involving the People’s Republic of China. 
Sec. 1272. NATO Special Operations Headquarters. 
Sec. 1273. Sustainability requirements for certain capital projects in connection 
with overseas contingency operations. 
Sec. 1274. Administration of the American, British, Canadian, and Australian Ar-
mies’ Program. 
Sec. 1275. United States participation in Headquarters Eurocorps. 
Sec. 1276. Department of Defense participation in European program on multilat-
eral exchange of air transportation and air refueling services. 
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PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 1277. Prohibition on use of funds to enter into contracts or agreements with 
Rosoboronexport. 
Sec. 1278. Sense of Congress on Iron Dome short-range rocket defense system. 
Sec. 1279. Bilateral defense trade relationship with India. 
Sec. 1280. United States Advisory Commission on Public Diplomacy. 
Sec. 1281. Sense of Congress on sale of aircraft to Taiwan. 
Sec. 1282. Briefings on dialogue between the United States and the Russian Fed-
eration on nuclear arms, missile defense systems, and long-range con-
ventional strike systems. 
Sec. 1283. Sense of Congress on efforts to remove or apprehend Joseph Kony from 
the battlefield and end the atrocities of the Lord’s Resistance Army. 
Sec. 1284. Imposition of sanctions with respect to support for the rebel group 
known as M23. 
Sec. 1285. Pilot program on repair, overhaul, and refurbishment of defense articles 
for sale or transfer to eligible foreign countries and entities. 
Sec. 1286. Sense of Congress on the situation in the Senkaku Islands. 
Subtitle G—Reports 
Sec. 1291. Review and reports on Department of Defense efforts to build the capac-
ity of and partner with foreign security forces. 
Sec. 1292. Additional report on military and security developments involving the 
Democratic People’s Republic of Korea. 
Sec. 1293. Report on host nation support for overseas United States military instal-
lations and United States Armed Forces deployed in country. 
Sec. 1294. Report on military activities to deny or significantly degrade the use of 
air power against civilian and opposition groups in Syria. 
Sec. 1295. Report on military assistance provided by Russia to Syria. 
TITLE XIII—COOPERATIVE THREAT REDUCTION 
Sec. 1301. Specification of cooperative threat reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Report on Cooperative Threat Reduction Programs in Russia. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Chemical Agents and Munitions Destruction, Defense. 
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1405. Defense Inspector General. 
Sec. 1406. Defense Health Program. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Additional security of strategic materials supply chains. 
Sec. 1413. Release of materials needed for national defense purposes from the Stra-
tegic and Critical Materials Stockpile. 
Subtitle C—Chemical Demilitarization Matters 
Sec. 1421. Supplemental chemical agent and munitions destruction technologies at 
Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Ken-
tucky. 
Subtitle D—Other Matters 
Sec. 1431. Reduction of unobligated balances within the Pentagon Reservation 
Maintenance Revolving Fund. 
Sec. 1432. Authority for transfer of funds to Joint Department of Defense-Depart-
ment of Veterans Affairs Medical Facility Demonstration Fund for Cap-
tain James A. Lovell Health Care Center, Illinois. 
Sec. 1433. Authorization of appropriations for Armed Forces Retirement Home. 
Sec. 1434. Cemeterial expenses. 
Sec. 1435. Additional Weapons of Mass Destruction Civil Support Teams. 
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 
OVERSEAS CONTINGENCY OPERATIONS 
Subtitle A—Authorization of Additional Appropriations 
Sec. 1501. Purpose. 
Sec. 1502. Procurement. 
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Sec. 1503. Research, development, test, and evaluation. 
Sec. 1504. Operation and maintenance. 
Sec. 1505. Military personnel. 
Sec. 1506. Working capital funds. 
Sec. 1507. Defense Health Program. 
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1509. Defense Inspector General. 
Subtitle B—Financial Matters 
Sec. 1521. Treatment as additional authorizations. 
Sec. 1522. Special transfer authority. 
Subtitle C—Limitations and Other Matters 
Sec. 1531. Afghanistan Security Forces Fund. 
Sec. 1532. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1533. One-year extension of project authority and related requirements of 
Task Force for Business and Stability Operations in Afghanistan. 
Sec. 1534. Plan for transition in funding of United States Special Operations Com-
mand from supplemental funding for overseas contingency operations to 
recurring funding under the future-years defense program. 
Sec. 1535. Assessment of counter-improvised explosive device training and intel-
ligence activities of the Joint Improvised Explosive Device Defeat Orga-
nization and national and military intelligence Organizations. 
TITLE XVI—INDUSTRIAL BASE MATTERS 
Subtitle A—Defense Industrial Base Matters 
Sec. 1601. Disestablishment of Defense Materiel Readiness Board. 
Sec. 1602. Assessment of effects of foreign boycotts. 
Sec. 1603. National security strategy for national technology and industrial base. 
Subtitle B—Department of Defense Activities Related to Small Business Matters 
Sec. 1611. Role of the directors of small business programs in acquisition processes 
of the Department of Defense. 
Sec. 1612. Small Business Ombudsman for defense audit agencies. 
Sec. 1613. Independent assessment of Federal procurement contracting perform-
ance of the Department of Defense. 
Sec. 1614. Additional responsibilities of Inspector General of the Department of De-
fense. 
Sec. 1615. Restoration of 1 percent funding for administrative expenses of Commer-
cialization Readiness Program of Department of Defense. 
Subtitle C—Matters Relating to Small Business Concerns 
PART I—PROCUREMENT CENTER REPRESENTATIVES 
Sec. 1621. Procurement center representatives. 
Sec. 1622. Small Business Act contracting requirements training. 
Sec. 1623. Acquisition planning. 
PART II—GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS 
CONCERNS 
Sec. 1631. Goals for procurement contracts awarded to small business concerns. 
Sec. 1632. Reporting on goals for procurement contracts awarded to small business 
concerns. 
Sec. 1633. Senior executives. 
PART III—MENTOR-PROTEGE PROGRAMS 
Sec. 1641. Mentor-Protege programs. 
PART IV—TRANSPARENCY IN SUBCONTRACTING 
Sec. 1651. Limitations on subcontracting. 
Sec. 1652. Penalties. 
Sec. 1653. Subcontracting plans. 
Sec. 1654. Notices of subcontracting opportunities. 
Sec. 1655. Publication of certain documents. 
PART V—SMALL BUSINESS CONCERN SIZE STANDARDS 
Sec. 1661. Small business concern size standards. 
PART VI—CONTRACT BUNDLING 
Sec. 1671. Contract bundling. 
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PUBLIC LAW 112–239—JAN. 2, 2013 
PART VII—INCREASED PENALTIES FOR FRAUD 
Sec. 1681. Safe harbor for good faith compliance efforts. 
Sec. 1682. Requirement that fraudulent businesses be suspended or debarred. 
Sec. 1683. Annual report on suspensions and debarments proposed by Small Busi-
ness Administration. 
PART VIII—OFFICES OF SMALL AND DISADVANTAGED BUSINESS UNITS 
Sec. 1691. Offices of Small and Disadvantaged Business Utilization. 
Sec. 1692. Small Business Procurement Advisory Council. 
PART IX—OTHER MATTERS 
Sec. 1695. Surety bonds. 
Sec. 1696. Conforming Amendments; Repeal of redundant provisions; Regulations. 
Sec. 1697. Contracting with small business concerns owned and controlled by 
women. 
Sec. 1698. Small business HUBZones. 
Sec. 1699. National Veterans Business Development Corporation. 
Sec. 1699a. State Trade and Export Promotion Grant Program. 
TITLE XVII—ENDING TRAFFICKING IN GOVERNMENT CONTRACTING 
Sec. 1701. Definitions. 
Sec. 1702. Contracting requirements. 
Sec. 1703. Compliance plan and certification requirement. 
Sec. 1704. Monitoring and investigation of trafficking in persons. 
Sec. 1705. Notification to inspectors general and cooperation with Government. 
Sec. 1706. Expansion of penalties for fraud in foreign labor contracting to include 
attempted fraud and work outside the United States. 
Sec. 1707. Improving Department of Defense accountability for reporting trafficking 
in persons claims and violations. 
Sec. 1708. Rules of construction; effective date. 
TITLE XVIII—FEDERAL ASSISTANCE TO FIRE DEPARTMENTS 
Subtitle A—Fire Grants Reauthorization 
Sec. 1801. Short title. 
Sec. 1802. Amendments to definitions. 
Sec. 1803. Assistance to firefighters grants. 
Sec. 1804. Staffing for adequate fire and emergency response. 
Sec. 1805. Sense of Congress on value and funding of Assistance to Firefighters and 
Staffing for Adequate Fire and Emergency Response programs. 
Sec. 1806. Report on amendments to Assistance to Firefighters and Staffing for 
Adequate Fire and Emergency Response programs. 
Sec. 1807. Studies and reports on the state of fire services. 
Subtitle B—Reauthorization of United States Fire Administration 
Sec. 1811. Short title. 
Sec. 1812. Clarification of relationship between United States Fire Administration 
and Federal Emergency Management Agency. 
Sec. 1813. Modification of authority of Administrator to educate public about fire 
and fire prevention. 
Sec. 1814. Authorization of appropriations. 
Sec. 1815. Removal of limitation. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
Sec. 2002. Expiration of authorizations and amounts required to be specified by 
law. 
TITLE XXI—ARMY MILITARY CONSTRUCTION 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Authorization of appropriations, Army. 
Sec. 2104. Modification of authority to carry out certain fiscal year 2010 project. 
Sec. 2105. Extension of authorizations of certain fiscal year 2009 projects. 
Sec. 2106. Extension of authorizations of certain fiscal year 2010 projects. 
Sec. 2107. Extension of limitation on obligation or expenditure of funds for tour 
normalization. 
Sec. 2108. Limitation on project authorization to carry out certain fiscal year 2013 
project. 
TITLE XXII—NAVY MILITARY CONSTRUCTION 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
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126 STAT. 1649 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification of authority to carry out certain fiscal year 2012 project. 
Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects. 
Sec. 2207. Extension of authorizations of certain fiscal year 2010 projects. 
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Extension of authorizations of certain fiscal year 2010 projects. 
TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 
Subtitle A—Defense Agency Authorizations 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Authorized energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Sec. 2404. Modification of authority to carry out certain fiscal year 2012 projects. 
Sec. 2405. Extension of authorization of certain fiscal year 2010 project. 
Subtitle B—Chemical Demilitarization Authorizations 
Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 
defense-wide. 
Sec. 2412. Modification of authority to carry out certain fiscal year 1997 project. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Subtitle A—Project Authorizations and Authorization of Appropriations 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition project. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Subtitle B—Other Matters 
Sec. 2611. Modification of authority to carry out certain fiscal year 2010 projects. 
Sec. 2612. Modification of authority to carry out certain fiscal year 2011 projects. 
Sec. 2613. Extension of authorization of certain fiscal year 2009 project. 
Sec. 2614. Extension of authorization of certain fiscal year 2010 projects. 
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 
Subtitle A—Authorization of Appropriations 
Sec. 2701. Authorization of appropriations for base realignment and closure activi-
ties funded through Department of Defense Base Closure Account 1990. 
Sec. 2702. Authorization of appropriations for base realignment and closure activi-
ties funded through Department of Defense Base Closure Account 2005. 
Subtitle B—Other Matters 
Sec. 2711. Consolidation of Department of Defense base closure accounts and au-
thorized uses of base closure account funds. 
Sec. 2712. Revised base closure and realignment restrictions and Comptroller Gen-
eral assessment of Department of Defense compliance with codified base 
closure and realignment restrictions. 
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing Changes 
Sec. 2801. Authorized cost and scope variations. 
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126 STAT. 1650 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 2802. Preparation of master plans for major military installations. 
Sec. 2803. Oversight and accountability for military housing privatization projects 
and related annual reporting requirements. 
Sec. 2804. Extension of temporary, limited authority to use operation and mainte-
nance funds for construction projects in certain areas outside the United 
States. 
Sec. 2805. Comptroller General report on in-kind payments. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Clarification of parties with whom Department of Defense may conduct 
exchanges of real property at certain military installations. 
Sec. 2812. Identification requirements for access to military installations. 
Sec. 2813. Report on property disposals at certain closed military installations and 
additional authorities to assist local communities in the vicinity of such 
installations. 
Sec. 2814. Report on reorganization of Air Force Materiel Command organizations. 
Subtitle C—Energy Security 
Sec. 2821. Congressional notification for contracts for the provision and operation 
of energy production facilities authorized to be located on real property 
under the jurisdiction of a military department. 
Sec. 2822. Availability and use of Department of Defense energy cost savings to 
promote energy security. 
Sec. 2823. Continuation of limitation on use of funds for Leadership in Energy and 
Environmental Design (LEED) gold or platinum certification. 
Sec. 2824. Guidance on financing for renewable energy projects. 
Sec. 2825. Energy savings performance contract report. 
Subtitle D—Provisions Related to Asia-Pacific Military Realignment 
Sec. 2831. Certification of military readiness need for a Live Fire Training Range 
Complex on Guam as condition on establishment of range complex. 
Sec. 2832. Realignment of Marine Corps forces in Asia-Pacific region. 
Subtitle E—Land Conveyances 
Sec. 2841. Modification of authorized consideration, Broadway Complex of the De-
partment of the Navy, San Diego, California. 
Sec. 2842. Use of proceeds, land conveyance, Tyndall Air Force Base, Florida. 
Sec. 2843. Land conveyance, John Kunkel Army Reserve Center, Warren, Ohio. 
Sec. 2844. Land conveyance, Castner Range, Fort Bliss, Texas. 
Sec. 2845. Modification of land conveyance, Fort Hood, Texas. 
Sec. 2846. Land conveyance, Local Training Area for Browning Army Reserve Cen-
ter, Utah. 
Subtitle F—Other Matters 
Sec. 2851. Modification of notice requirements in advance of permanent reduction 
of sizable numbers of members of the Armed Forces at military installa-
tions. 
Sec. 2852. Acceptance of gifts and services to support military museum programs 
and use of cooperative agreements with nonprofit entities for military 
museum and military educational institution programs. 
Sec. 2853. Additional exemptions from certain requirements applicable to funding 
for data servers and centers. 
Sec. 2854. Redesignation of the Center for Hemispheric Defense Studies as the Wil-
liam J. Perry Center for Hemispheric Defense Studies. 
Sec. 2855. Sense of Congress regarding establishment of military divers memorial 
at Washington Navy Yard. 
Sec. 2856. Limitation on availability of funds pending report regarding acquisition 
of land and development of a training range facility adjacent to the Ma-
rine Corps Air Ground Combat Center Twentynine Palms, California. 
Sec. 2857. Oversight and maintenance of closed base cemeteries overseas con-
taining the remains of members of the Armed Forces or citizens of the 
United States. 
Sec. 2858. Report on establishment of joint Armed Forces historical storage and 
preservation facility. 
Sec. 2859. Establishment of commemorative work to Gold Star Mothers. 
Sec. 2860. Establishment of commemorative work to slaves and free Black persons 
who served in American Revolution. 
TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 
CONSTRUCTION 
Sec. 2901. Authorized Navy construction and land acquisition project. 
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126 STAT. 1651 
PUBLIC LAW 112–239—JAN. 2, 2013 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Authorized personnel levels of the Office of the Administrator. 
Sec. 3112. Budget justification materials. 
Sec. 3113. National Nuclear Security Administration Council. 
Sec. 3114. Replacement project for Chemistry and Metallurgy Research Building, 
Los Alamos National Laboratory, New Mexico. 
Sec. 3115. Design and use of prototypes of nuclear weapons. 
Sec. 3116. Two-year extension of schedule for disposition of weapons-usable pluto-
nium at Savannah River Site, Aiken, South Carolina. 
Sec. 3117. Transparency in contractor performance evaluations by the National Nu-
clear Security Administration leading to award fees. 
Sec. 3118. Modification and extension of authority on acceptance of contributions 
for acceleration of removal or security of fissile materials, radiological 
materials, and related equipment at vulnerable sites worldwide. 
Sec. 3119. Limitation on availability of funds for Center of Excellence on Nuclear 
Security. 
Sec. 3120. Improvement and streamlining of the missions and operations of the De-
partment of Energy and National Nuclear Security Administration. 
Sec. 3121. Cost-benefit analyses for competition of management and operating con-
tracts. 
Sec. 3122. Program on scientific engagement for nonproliferation. 
Sec. 3123. Cost containment for Uranium Capabilities Replacement Project. 
Subtitle C—Improvements to National Security Energy Laws 
Sec. 3131. Improvements to the Atomic Energy Defense Act. 
Sec. 3132. Improvements to the National Nuclear Security Administration Act. 
Sec. 3133. Consolidated reporting requirements relating to nuclear stockpile stew-
ardship, management, and infrastructure. 
Sec. 3134. Repeal of certain reporting requirements. 
Subtitle D—Reports 
Sec. 3141. Reports on lifetime extension programs. 
Sec. 3142. Notification of nuclear criticality and non-nuclear incidents. 
Sec. 3143. Quarterly reports to Congress on financial balances for atomic energy 
defense activities. 
Sec. 3144. National Academy of Sciences study on peer review and design competi-
tion related to nuclear weapons. 
Sec. 3145. Report on defense nuclear nonproliferation programs. 
Sec. 3146. Study on reuse of plutonium pits. 
Sec. 3147. Assessment of nuclear weapon pit production requirement. 
Sec. 3148. Study on a multiagency governance model for national security labora-
tories. 
Sec. 3149. Report on efficiencies in facilities and functions of the National Nuclear 
Security Administration. 
Sec. 3150. Study on regional radiological security zones. 
Sec. 3151. Report on abandoned uranium mines. 
Subtitle E—Other Matters 
Sec. 3161. Use of probabilistic risk assessment to ensure nuclear safety. 
Sec. 3162. Submittal to Congress of selected acquisition reports and independent 
cost estimates on life extension programs and new nuclear facilities. 
Sec. 3163. Classification of certain restricted data. 
Sec. 3164. Advice to President and Congress regarding safety, security, and reli-
ability of United States nuclear weapons stockpile and nuclear forces. 
Sec. 3165. Pilot program on technology commercialization. 
Sec. 3166. Congressional advisory panel on the governance of the nuclear security 
enterprise. 
Subtitle F—American Medical Isotopes Production 
Sec. 3171. Short title. 
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126 STAT. 1652 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 3172. Definitions. 
Sec. 3173. Improving the reliability of domestic medical isotope supply. 
Sec. 3174. Exports. 
Sec. 3175. Report on disposition of exports. 
Sec. 3176. Domestic medical isotope production. 
Sec. 3177. Annual Department reports. 
Sec. 3178. National Academy of Sciences report. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
Sec. 3202. Improvements to the Defense Nuclear Facilities Safety Board. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—MARITIME ADMINISTRATION 
Sec. 3501. Authorization of appropriations for national security aspects of the mer-
chant marine for fiscal year 2013. 
Sec. 3502. Application of the Federal Acquisition Regulation. 
Sec. 3503. Limitation of National Defense Reserve Fleet vessels to those over 1,500 
gross tons. 
Sec. 3504. Donation of excess fuel to maritime academies. 
Sec. 3505. Clarification of heading. 
Sec. 3506. Transfer of vessels to the National Defense Reserve Fleet. 
Sec. 3507. Amendments relating to the National Defense Reserve Fleet. 
Sec. 3508. Extension of Maritime Security Fleet program. 
Sec. 3509. Container-on-barge transportation. 
Sec. 3510. Short sea transportation. 
Sec. 3511. Maritime environmental and technical assistance. 
Sec. 3512. Identification of actions to enable qualified United States flag capacity 
to meet national defense requirements. 
Sec. 3513. Maritime workforce study. 
Sec. 3514. Maritime administration vessel recycling contract award practices. 
Sec. 3515. Requirement for barge design. 
Sec. 3516. Eligibility to receive surplus training equipment. 
Sec. 3517. Coordination with other laws. 
DIVISION D—FUNDING TABLES 
Sec. 4001. Authorization of amounts in funding tables. 
TITLE XLI—PROCUREMENT 
Sec. 4101. Procurement. 
Sec. 4102. Procurement for overseas contingency operations. 
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Sec. 4201. Research, development, test, and evaluation. 
Sec. 4202. Research, development, test, and evaluation for overseas contingency op-
erations. 
TITLE XLIII—OPERATION AND MAINTENANCE 
Sec. 4301. Operation and maintenance. 
Sec. 4302. Operation and maintenance for overseas contingency operations. 
TITLE XLIV—MILITARY PERSONNEL 
Sec. 4401. Military personnel. 
Sec. 4402. Military personnel for overseas contingency operations. 
TITLE XLV—OTHER AUTHORIZATIONS 
Sec. 4501. Other authorizations. 
Sec. 4502. Other authorizations for overseas contingency operations. 
TITLE XLVI—MILITARY CONSTRUCTION 
Sec. 4601. Military construction. 
Sec. 4602. Military construction for overseas contingency operations. 
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Sec. 4701. Department of Energy National Security programs. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
For purposes of this Act, the term ‘‘congressional defense 
committees’’ has the meaning given that term in section 101(a)(16) 
of title 10, United States Code. 
10 USC 101 note. 
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126 STAT. 1653 
PUBLIC LAW 112–239—JAN. 2, 2013 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Authorization of appropriations. 
Subtitle B—Army Programs 
Sec. 111. Multiyear procurement authority for Army CH–47 helicopters. 
Sec. 112. Reports on airlift requirements of the Army. 
Subtitle C—Navy Programs 
Sec. 121. Extension of Ford class aircraft carrier construction authority. 
Sec. 122. Multiyear procurement authority for Virginia class submarine program. 
Sec. 123. Multiyear procurement authority for Arleigh Burke class destroyers and 
associated systems. 
Sec. 124. Limitation on availability of amounts for second Ford class aircraft car-
rier. 
Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln. 
Sec. 126. Designation of mission modules of the Littoral Combat Ship as a major 
defense acquisition program. 
Sec. 127. Report on Littoral Combat Ship designs. 
Sec. 128. Comptroller General review of Littoral Combat Ship program. 
Sec. 129. Sense of Congress on importance of engineering in early stages of ship-
building. 
Sec. 130. Sense of Congress on nuclear-powered ballistic submarines. 
Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence require-
ments. 
Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014 budget 
request for tactical aviation aircraft. 
Subtitle D—Air Force Programs 
Sec. 141. Reduction in number of aircraft required to be maintained in strategic 
airlift aircraft inventory. 
Sec. 142. Retirement of B–1 bomber aircraft. 
Sec. 143. Avionics systems for C–130 aircraft. 
Sec. 144. Treatment of certain programs for the F–22A Raptor aircraft as major de-
fense acquisition programs. 
Subtitle E—Joint and Multiservice Matters 
Sec. 151. Multiyear procurement authority for V–22 joint aircraft program. 
Sec. 152. Procurement of space-based infrared systems satellites. 
Sec. 153. Limitation on availability of funds for evolved expendable launch vehicle 
program. 
Sec. 154. Limitation on availability of funds for retirement of RQ–4 Global Hawk 
unmanned aircraft systems. 
Sec. 155. Requirement to set F–35 aircraft initial operational capability dates. 
Sec. 156. Shallow Water Combat Submersible program. 
Sec. 157. Requirement that tactical manned intelligence, surveillance, and recon-
naissance aircraft and unmanned aerial vehicles use specified standard 
data link. 
Sec. 158. Study on small arms and small-caliber ammunition capabilities. 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2013 for procurement for the Army, the Navy and the Marine 
Corps, the Air Force, and Defense-wide activities, as specified in 
the funding table in section 4101. 
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126 STAT. 1654 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle B—Army Programs 
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY CH–47 
HELICOPTERS. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the 
Army may enter into one or more multiyear contracts, beginning 
with the fiscal year 2013 program year, for the procurement of 
airframes for CH–47F helicopters. 
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A con-
tract entered into under subsection (a) shall provide that any obliga-
tion of the United States to make a payment under the contract 
for a fiscal year after fiscal year 2013 is subject to the availability 
of appropriations for that purpose for such later fiscal year. 
SEC. 112. REPORTS ON AIRLIFT REQUIREMENTS OF THE ARMY. 
(a) REPORTS.— 
(1) INITIAL REPORT.—Not later than March 31, 2013, the 
Secretary of the Army shall submit to the congressional defense 
committees a report described in paragraph (3). 
(2) ANNUAL REPORTS.—Not later than October 31, 2013, 
and each year thereafter through 2017, the Secretary shall 
submit to the congressional defense committees a report 
described in paragraph (3). 
(3) REPORT DESCRIBED.—A report described in this para-
graph is a report on the time-sensitive or mission-critical airlift 
requirements of the Army. 
(b) MATTERS INCLUDED.—The reports submitted under sub-
section (a) shall include, with respect to the fiscal year before 
the fiscal year in which the report is submitted, the following 
information: 
(1) The total number of time-sensitive or mission-critical 
airlift movements required for training, steady-state, and 
contingency operations. 
(2) The total number of time-sensitive or mission-critical 
airlift sorties executed for training, steady-state, and contin-
gency operations. 
(3) Of the total number of sorties listed under paragraph 
(2), the number of such sorties that were operated using each 
of— 
(A) aircraft of the Army; 
(B) aircraft of the Air Force; 
(C) aircraft of contractors; and 
(D) aircraft of other organizations not described in 
subparagraph (A), (B), or (C). 
(4) For each sortie described under subparagraph (A), (C), 
or (D) of paragraph (3), an explanation for why the Secretary 
did not use aircraft of the Air Force to support the mission. 
Subtitle C—Navy Programs 
SEC. 121. EXTENSION OF FORD CLASS AIRCRAFT CARRIER CONSTRUC-
TION AUTHORITY. 
Section 121(a) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104), 
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126 STAT. 1655 
PUBLIC LAW 112–239—JAN. 2, 2013 
as amended by section 124 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1320), 
is amended by striking ‘‘four fiscal years’’ and inserting ‘‘five fiscal 
years’’. 
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA 
CLASS SUBMARINE PROGRAM. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the 
Navy may enter into one or more multiyear contracts, beginning 
with the fiscal year 2014 program year, for the procurement of 
Virginia class submarines and Government-furnished equipment 
associated with the Virginia class submarine program. 
(b) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary 
may enter into one or more contracts, beginning in fiscal year 
2013, for advance procurement associated with the vessels and 
equipment for which authorization to enter into a multiyear 
procurement contract is provided under subsection (a). 
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 
entered into under subsection (a) shall provide that any obligation 
of the United States to make a payment under the contract for 
a fiscal year after fiscal year 2013 is subject to the availability 
of appropriations or funds for that purpose for such later fiscal 
year. 
(d) LIMITATION ON TERMINATION LIABILITY.—A contract for the 
construction of vessels or equipment entered into in accordance 
with subsection (a) shall include a clause that limits the liability 
of the United States to the contractor for any termination of the 
contract. The maximum liability of the United States under the 
clause shall be the amount appropriated for the vessels or equip-
ment covered by the contract. Additionally, in the event of cancella-
tion, the maximum liability of the United States shall include 
the amount of the unfunded cancellation ceiling in the contract. 
(e) AUTHORITY
TO EXPAND MULTIYEAR PROCUREMENT.—The 
Secretary may employ incremental funding for the procurement 
of Virginia class submarines and Government-furnished equipment 
associated with the Virginia class submarines to be procured during 
fiscal years 2013 through 2018 if the Secretary— 
(1) determines that such an approach will permit the Navy 
to procure an additional Virginia class submarine in fiscal 
year 2014; and 
(2) intends to use the funding for that purpose. 
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH 
BURKE CLASS DESTROYERS AND ASSOCIATED SYSTEMS. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the 
Navy may enter into one or more multiyear contracts, beginning 
with the fiscal year 2013 program year, for the procurement of 
up to 10 Arleigh Burke class Flight IIA guided missile destroyers, 
as well as the Aegis weapon systems, MK 41 vertical launching 
systems, and commercial broadband satellite systems associated 
with such vessels. 
(b) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary 
may enter into one or more contracts, beginning in fiscal year 
2013, for advance procurement associated with the vessels and 
systems for which authorization to enter into a multiyear procure-
ment contract is provided under subsection (a). 
Determination. 
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126 STAT. 1656 
PUBLIC LAW 112–239—JAN. 2, 2013 
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 
entered into under subsection (a) shall provide that any obligation 
of the United States to make a payment under the contract for 
a fiscal year after fiscal year 2013 is subject to the availability 
of appropriations or funds for that purpose for such later fiscal 
year. 
SEC. 124. LIMITATION ON AVAILABILITY OF AMOUNTS FOR SECOND 
FORD CLASS AIRCRAFT CARRIER. 
(a) LIMITATION.—Of the funds authorized to be appropriated 
or otherwise made available for fiscal year 2013 for shipbuilding 
and conversion for the second Ford class aircraft carrier, not more 
than 50 percent may be obligated or expended until the Secretary 
of the Navy submits to the congressional defense committees a 
report setting forth a description of the program management and 
cost control measures that will be employed in constructing the 
second Ford class aircraft carrier. 
(b) ELEMENTS.—The report described in subsection (a) shall 
include a plan with respect to the Ford class aircraft carriers 
to— 
(1) maximize planned work in shops and early stages of 
construction; 
(2) sequence construction of structural units to maximize 
the effects of lessons learned; 
(3) incorporate design changes to improve producibility for 
the Ford class aircraft carriers; 
(4) increase the size of erection units to eliminate disruptive 
unit breaks and improve unit alignment and fairness; 
(5) increase outfitting levels for assembled units before 
erection in the dry dock; 
(6) increase overall ship completion levels at each key 
construction event; 
(7) improve facilities in a manner that will lead to improved 
productivity; and 
(8) ensure the shipbuilder initiates plans that will improve 
productivity through capital improvements that would provide 
targeted return on investment, including— 
(A) increasing the amount of temporary and permanent 
covered work areas; 
(B) adding ramps and service towers for improved 
access to work sites and the dry dock; and 
(C) increasing lift capacity to enable construction of 
larger, more fully outfitted super-lifts. 
SEC. 125. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. 
ABRAHAM LINCOLN. 
(a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—Of the funds 
authorized to be appropriated for fiscal year 2013 by section 101 
and available for shipbuilding and conversion as specified in the 
funding table in section 4101, $1,517,292,000 is authorized to be 
available for the commencement of the nuclear refueling and com-
plex overhaul of the U.S.S. Abraham Lincoln (CVN–72) during 
fiscal year 2013. The amount authorized to be made available 
in the preceding sentence is the first increment in the two-year 
sequence of incremental funding planned for the nuclear refueling 
and complex overhaul of that vessel. 
Plans. 
Reports. 
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126 STAT. 1657 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) CONTRACT AUTHORITY.—The Secretary of the Navy may 
enter into a contract during fiscal year 2013 for the nuclear 
refueling and complex overhaul of the U.S.S. Abraham Lincoln. 
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 
entered into under subsection (b) shall provide that any obligation 
of the United States to make a payment under the contract for 
a fiscal year after fiscal year 2013 is subject to the availability 
of appropriations for that purpose for that later fiscal year. 
SEC. 126. DESIGNATION OF MISSION MODULES OF THE LITTORAL COM-
BAT SHIP AS A MAJOR DEFENSE ACQUISITION PROGRAM. 
(a) DESIGNATION REQUIRED.—The Secretary of Defense shall— 
(1) designate the effort to develop and produce all variants 
of the mission modules in support of the Littoral Combat Ship 
program as a major defense acquisition program under section 
2430 of title 10, United States Code; and 
(2) with respect to the development and production of each 
such variant, submit to the congressional defense committees 
a report setting forth such cost, schedule, and performance 
information as would be provided if such effort were a major 
defense acquisition program, including Selected Acquisition 
Reports, unit cost reports, and program baselines. 
(b) ADDITIONAL QUARTERLY REPORTS.—The Secretary shall 
submit to the congressional defense committees on a quarterly 
basis a report on the development and production of each variant 
of the mission modules in support of the Littoral Combat Ship, 
including cost, schedule, and performance, and identifying actual 
and potential problems with such development or production and 
potential mitigation plans to address such problems. 
SEC. 127. REPORT ON LITTORAL COMBAT SHIP DESIGNS. 
Not later than December 31, 2013, the Secretary of the Navy 
shall submit to the congressional defense committees a report on 
the designs of the Littoral Combat Ship, including comparative 
cost and performance information for both designs of such ship. 
SEC. 128. COMPTROLLER GENERAL REVIEW OF LITTORAL COMBAT 
SHIP PROGRAM. 
(a) ACCEPTANCE OF LCS–1 AND LCS–2.—The Comptroller Gen-
eral of the United States shall conduct a review of the compliance 
of the Secretary of the Navy with subpart 246.5 of title 48 of 
the Code of Federal Regulations and subpart 46.5 of the Federal 
Acquisition Regulation in accepting the LCS–1 and LCS–2 Littoral 
Combat Ships. 
(b) OPERATIONAL SUPPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General shall 
submit to the congressional defense committees a report on the 
operational support and sustainment strategy for the Littoral Com-
bat Ship program, including manning, training, maintenance, and 
logistics support. 
(c) COOPERATION.—For purposes of conducting the review under 
subsection (a) and the report under subsection (b), the Secretary 
of Defense shall ensure that the Comptroller General has access 
to— 
(1) all relevant records of the Department; and 
(2) all relevant communications between Department offi-
cials, whether such communications occurred inside or outside 
the Federal Government. 
Deadline. 
Reports. 
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126 STAT. 1658 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 129. SENSE OF CONGRESS ON IMPORTANCE OF ENGINEERING 
IN EARLY STAGES OF SHIPBUILDING. 
It is the sense of Congress that— 
(1) placing a priority on engineering dollars in the early 
stages of shipbuilding programs is a vital component of keeping 
cost down; and 
(2) therefore, the Secretary of the Navy should take appro-
priate steps to prioritize early engineering in large ship 
construction including amphibious class ships beginning with 
the LHA–8. 
SEC. 130. SENSE OF CONGRESS ON NUCLEAR-POWERED BALLISTIC 
SUBMARINES. 
It is the sense of Congress that— 
(1) the continuous at-sea deterrence provided by a robust 
and modern fleet of nuclear-powered ballistic missile sub-
marines is critical to maintaining nuclear deterrence and assur-
ance and therefore is a central pillar of the national security 
of the United States; 
(2) the Navy should— 
(A) carry out a program to replace the Ohio class 
ballistic missile submarines; 
(B) ensure that the first such replacement submarine 
is delivered and fully operational by not later than 2031 
in order to maintain continuous at-sea deterrence; and 
(C) develop a risk mitigation plan to ensure that robust 
continuous at-sea deterrence is provided during the transi-
tion from Ohio class ballistic missile submarines to the 
replacement submarines; and 
(3) a minimum of 12 replacement ballistic missile sub-
marines are necessary to provide continuous at-sea deterrence 
over the lifetime of such submarines and, therefore, the Navy 
should carry out a program to produce 12 such submarines. 
SEC. 131. SENSE OF CONGRESS ON MARINE CORPS AMPHIBIOUS LIFT 
AND PRESENCE REQUIREMENTS. 
(a) FINDINGS.—Congress finds the following: 
(1) The Marine Corps is a combat force that leverages 
maneuver from the sea as a force multiplier allowing for a 
variety of operational tasks ranging from major combat oper-
ations to humanitarian assistance. 
(2) The Marine Corps is unique in that, while embarked 
upon naval vessels, they bring all the logistic support necessary 
for the full range of military operations and, operating ‘‘from 
the sea’’, they require no third-party host nation permission 
to conduct military operations. 
(3) The Navy has a requirement for 38 amphibious assault 
ships to meet this full range of military operations. 
(4) Due only to fiscal constraints, that requirement of 38 
vessels was reduced to 33 vessels, which adds military risk 
to future operations. 
(5) The Navy has been unable to meet even the minimal 
requirement of 30 operationally available vessels and has sub-
mitted a shipbuilding and ship retirement plan to Congress 
that will reduce the force to 28 vessels. 
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126 STAT. 1659 
PUBLIC LAW 112–239—JAN. 2, 2013 
(6) Experience has shown that early engineering and design 
of naval vessels has significantly reduced the acquisition costs 
and life-cycle costs of those vessels. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the Department of Defense should carefully evaluate 
the maritime force structure necessary to execute demand for 
forces by the commanders of the combatant commands; 
(2) the Navy should carefully evaluate amphibious lift 
capabilities to meet current and projected requirements; 
(3) the Navy should consider prioritization of investment 
in and procurement of the next generation of amphibious 
assault ships as a component of the balanced battle force; 
(4) the next generation amphibious assault ships should 
maintain survivability protection; 
(5) operation and maintenance requirements analysis, as 
well as the potential to leverage a common hull form design, 
should be considered to reduce total ownership cost and acquisi-
tion cost; and 
(6) maintaining a robust amphibious ship building indus-
trial base is vital for the future of the national security of 
the United States. 
SEC. 132. SENSE OF THE SENATE ON DEPARTMENT OF THE NAVY 
FISCAL YEAR 2014 BUDGET REQUEST FOR TACTICAL AVIA-
TION AIRCRAFT. 
It is the sense of the Senate that, if the budget request of 
the Department of the Navy for fiscal year 2014 for F–18 aircraft 
includes a request for funds for more than 13 new F–18 aircraft, 
the budget request of the Department of the Navy for fiscal year 
2014 for F–35 aircraft should include a request for funds for not 
fewer than six F–35B aircraft and four F–35C aircraft, presuming 
that development, testing, and production of the F–35 aircraft are 
proceeding according to current plans. 
Subtitle D—Air Force Programs 
SEC. 141. REDUCTION IN NUMBER OF AIRCRAFT REQUIRED TO BE 
MAINTAINED IN STRATEGIC AIRLIFT AIRCRAFT INVEN-
TORY. 
(a) 
REDUCTION
IN
INVENTORY
REQUIREMENT.—Section 
8062(g)(1) of title 10, United States Code, is amended by adding 
at the end the following new sentence: ‘‘Effective on the date that 
is 45 days after the date on which the report under section 141(c)(3) 
of the National Defense Authorization Act for Fiscal Year 2013 
is submitted to the congressional defense committees, the Secretary 
shall maintain a total aircraft inventory of strategic airlift aircraft 
of not less than 275 aircraft.’’. 
(b) MODIFICATION
OF CERTIFICATION REQUIREMENT.—Section 
137(d)(3)(B) of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 2221) is amended by 
striking ‘‘316 strategic airlift aircraft’’ and inserting ‘‘275 strategic 
airlift aircraft’’. 
(c) MOBILITY REQUIREMENTS AND CAPABILITIES STUDY 2018.— 
(1) IN
GENERAL.—The Director of Cost Assessment and 
Program Evaluation and the Chairman of the Joint Chiefs 
of Staff, in coordination with the Commander of the United 
Effective date. 
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126 STAT. 1660 
PUBLIC LAW 112–239—JAN. 2, 2013 
States Transportation Command and the Secretaries of the 
military departments, shall jointly conduct a study that 
assesses the end-to-end, full-spectrum mobility requirements 
for all aspects of the National Military Strategy derived from 
the National Defense Strategy that is a result of the 2012 
Defense Strategic Guidance published by the President in Feb-
ruary 2012 and other planning documents of the Department 
of Defense. 
(2) MATTERS INCLUDED.—The study under paragraph (1) 
shall include the following: 
(A) A definition of what combinations of air mobility, 
sealift, surface movements, prepositioning, forward sta-
tioning, seabasing, engineering, and infrastructure require-
ments and capabilities provide low, moderate, significant 
and high levels of operational risk to meet the National 
Military Strategy. 
(B) A description and analysis of the assumptions made 
by the Commander of the United States Transportation 
Command with respect to aircraft usage rates, aircraft 
mission availability rates, aircraft mission capability rates, 
aircrew ratios, aircrew production, and aircrew readiness 
rates. 
(C) An analysis of different combinations of air 
mobility, sealift, surface movements, prepositioning, for-
ward stationing, seabasing, engineering, and infrastructure 
requirements and capabilities required to support theater 
and tactical deployment and distribution, including— 
(i) the identification, quantification, and descrip-
tion of the associated operational risk (as defined by 
the Military Risk Matrix in the Chairman of the Joint 
Chiefs of Staff Instruction 3401.01E) for each excursion 
as it relates to the combatant commander achieving 
strategic and operational objectives; and 
(ii) any assumptions made with respect to the 
availability of commercial airlift and sealift capabilities 
and resources when applicable. 
(D) A consideration of metrics developed during the 
most recent operational availability assessment and joint 
forcible entry operations assessment. 
(E) An assessment of requirements and capabilities 
for major combat operations, lesser contingency operations 
as specified in the Baseline Security Posture of the Depart-
ment of Defense, homeland defense, defense support to 
civilian authorities, other strategic missions related to 
national missions, global strike, the strategic nuclear mis-
sion, and direct support and time-sensitive airlift missions 
of the military departments. 
(F) An examination, including a discussion of the sensi-
tivity of any related conclusions and assumptions, of the 
variations regarding alternative modes (land, air, and sea) 
and sources (military, civilian, and foreign) of strategic 
and theater lift, and variations in forward basing, 
seabasing, prepositioning (afloat and ashore), air-refueling 
capability, advanced logistics concepts, and destination the-
ater austerity, based on the new global footprint and global 
presence initiatives. 
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126 STAT. 1661 
PUBLIC LAW 112–239—JAN. 2, 2013 
(G) An identification of mobility capability gaps, short-
falls, overlaps, or excesses, including— 
(i) an assessment of associated risks with respect 
to the ability to conduct operations; and 
(ii) recommended mitigation strategies where pos-
sible. 
(H) An identification of mobility capability alternatives 
that mitigate the potential impacts on the logistic system, 
including— 
(i) a consideration of traditional, non-traditional, 
irregular, catastrophic, and disruptive challenges; and 
(ii) a description of how derived mobility require-
ments and capabilities support the accepted balance 
of risk in addressing all five categories of such chal-
lenges. 
(I) The articulation of all key assumptions made in 
conducting the study with respect to— 
(i) risk; 
(ii) programmed forces and infrastructure; 
(iii) readiness, manning, and spares; 
(iv) scenario guidance from defense planning sce-
narios and multi-service force deployments; 
(v) concurrency of major operations; 
(vi) integrated global presence and basing strategy; 
(vii) host nation or third-country support; 
(viii) use of weapons of mass destruction by an 
enemy; and 
(ix) aircraft being used for training or undergoing 
depot maintenance or modernization. 
(J) A description of the logistics concept of operations 
and assumptions, including any support concepts, methods, 
combat support forces, and combat service support forces 
that are required to enable the projection and enduring 
support to forces both deployed and in combat for each 
analytic scenario. 
(K) An assessment, and incorporation as necessary, 
of the findings, conclusions, capability gaps, and shortfalls 
derived from the study under section 112(d) of the National 
Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81; 125 Stat. 1318). 
(3) SUBMISSION.—The Director of Cost Assessment and Pro-
gram Evaluation and the Chairman of the Joint Chiefs of 
Staff shall jointly submit to the congressional defense commit-
tees a report containing the study under paragraph (1). 
(4) FORM.—The report required by paragraph (3) shall be 
submitted in unclassified form, but may include a classified 
annex. 
(d) PRESERVATION OF CERTAIN RETIRED C–5 AIRCRAFT.—The 
Secretary of the Air Force shall preserve each C–5 aircraft that 
is retired by the Secretary during a period in which the total 
inventory of strategic airlift aircraft of the Secretary is less than 
301, such that the retired aircraft— 
(1) is stored in flyable condition; 
(2) can be returned to service; and 
(3) is not used to supply parts to other aircraft unless 
specifically authorized by the Secretary of Defense upon a 
request by the Secretary of the Air Force. 
Reports. 
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126 STAT. 1662 
PUBLIC LAW 112–239—JAN. 2, 2013 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘mobility’’ means the— 
(A) deployment, sustainment, and redeployment of the 
personnel and equipment needed to execute the National 
Defense Strategy to air and seaports of embarkation, inter-
theater deployment to air and seaports of debarkation, 
and intratheater deployment to tactical assembly areas; 
and 
(B) the employment of aerial refueling assets and 
intratheater movement and infrastructure in support of 
deployment and sustainment of combat forces. 
(2) The term ‘‘National Military Strategy’’ means the 
National Military Strategy prescribed by the Chairman of the 
Joint Chiefs of Staff under section 153 of title 10, United 
States Code. 
SEC. 142. RETIREMENT OF B–1 BOMBER AIRCRAFT. 
(a) IN GENERAL.—Section 8062 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
‘‘(h)(1) Beginning October 1, 2011, the Secretary of the Air 
Force may not retire more than six B–1 aircraft. 
‘‘(2) The Secretary shall maintain in a common capability 
configuration not less than 36 B–1 aircraft as combat-coded aircraft. 
‘‘(3) In this subsection, the term ‘combat-coded aircraft’ means 
aircraft assigned to meet the primary aircraft authorization to 
a unit for the performance of its wartime mission.’’. 
(b) CONFORMING AMENDMENT.—Section 132 of the National 
Defense Authorization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1320) is amended by striking subsection (c). 
SEC. 143. AVIONICS SYSTEMS FOR C–130 AIRCRAFT. 
(a) LIMITATIONS.— 
(1) AVIONICS MODERNIZATION PROGRAM.—The Secretary of 
the Air Force may not take any action to cancel or modify 
the avionics modernization program for C–130 aircraft until 
a period of 90 days has elapsed after the date on which the 
Secretary submits to the congressional defense committees the 
cost-benefit analysis conducted under subsection (b)(1). 
(2) CNS/ATM PROGRAM.— 
(A) IN
GENERAL.—The Secretary may not take any 
action described in subparagraph (B) until a period of 90 
days has elapsed after the date on which the Secretary 
submits to the congressional defense committees the cost- 
benefit analysis conducted under subsection (b)(1). 
(B) COVERED
ACTIONS.—An action described in this 
subparagraph is an action to begin an alternative commu-
nication, navigation, surveillance, and air traffic manage-
ment program for C–130 aircraft that is designed or 
intended— 
(i) to meet international communication, naviga-
tion, surveillance, and air traffic management stand-
ards for the fleet of C–130 aircraft; or 
(ii) to replace the current avionics modernization 
program for the C–130 aircraft. 
(b) COST-BENEFIT ANALYSIS.— 
(1) FFRDC.—The Secretary shall seek to enter into an 
agreement with the Institute for Defense Analyses to conduct 
Contracts. 
Time period. 
Definition. 
Effective date. 
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126 STAT. 1663 
PUBLIC LAW 112–239—JAN. 2, 2013 
an independent cost-benefit analysis that compares the fol-
lowing 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 mis-
sion planning systems. 
(2) MATTERS
INCLUDED.—The cost-benefit analysis con-
ducted under paragraph (1) shall take into account— 
(A) the effect of life-cycle costs for— 
(i) adopting each of the alternatives described in 
subparagraphs (A) and (B) of paragraph (1); and 
(ii) supporting C–130 aircraft that are not 
upgraded or modernized; and 
(B) the costs associated with the potential upgrades 
to avionics and mission systems that may be required 
for legacy C–130 aircraft to remain relevant and mission 
effective in the future. 
SEC. 144. TREATMENT OF CERTAIN PROGRAMS FOR THE F–22A RAPTOR 
AIRCRAFT AS MAJOR DEFENSE ACQUISITION PROGRAMS. 
(a) IN GENERAL.—The Secretary of Defense shall treat the 
programs referred to in subsection (b) for the F–22A Raptor aircraft 
as a major defense acquisition program for which Selected Acquisi-
tion Reports shall be submitted to Congress in accordance with 
the requirements of section 2432 of title 10, United States Code. 
(b) COVERED PROGRAMS.—The programs referred to in this 
subsection for the F–22A Raptor aircraft are the modernization 
Increment 3.2B and any future F–22A Raptor aircraft moderniza-
tion program that would otherwise, if a standalone program, qualify 
for treatment as a major defense acquisition program for purposes 
of chapter 144 of title 10, United States Code. 
(c) OTHER REPORTS.—Not later than March 1 of each year, 
the Secretary of the Air Force shall submit to the congressional 
defense committees a report on the costs, schedules, and perform-
ances of the reliability and maintainability maturation program 
and the structural repair program of the F–22A Raptor moderniza-
tion program, including a comparison of such costs, schedules, and 
performances to an appropriate baseline. 
Subtitle E—Joint and Multiservice Matters 
SEC. 151. MULTIYEAR PROCUREMENT AUTHORITY FOR V–22 JOINT AIR-
CRAFT PROGRAM. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the 
Navy may enter into one or more multiyear contracts, beginning 
with the fiscal year 2013 program year, for the procurement of 
V–22 aircraft for the Department of the Navy, the Department 
of the Air Force, and the United States Special Operations Com-
mand. 
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A con-
tract entered into under subsection (a) shall provide that any obliga-
tion of the United States to make a payment under the contract 
for a fiscal year after fiscal year 2013 is subject to the availability 
of appropriations for that purpose for such later fiscal year. 
Reports. 
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126 STAT. 1664 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 152. PROCUREMENT OF SPACE-BASED INFRARED SYSTEMS SAT-
ELLITES. 
(a) CONTRACT AUTHORITY.— 
(1) IN GENERAL.—The Secretary of the Air Force may pro-
cure two space-based infrared systems satellites by entering 
into a fixed-price contract. Such procurement may also 
include— 
(A) material and equipment in economic order quan-
tities when cost savings are achievable; and 
(B) cost-reduction initiatives. 
(2) USE OF INCREMENTAL FUNDING.—With respect to a con-
tract entered into under paragraph (1) for the procurement 
of space-based infrared systems satellites, the Secretary may 
use incremental funding for a period not to exceed six fiscal 
years. 
(3) LIABILITY.—A contract entered into under paragraph 
(1) shall provide that any obligation of the United States to 
make a payment under the contract is subject to the availability 
of appropriations for that purpose, and that the total liability 
to the Government for termination of any contract entered 
into shall be limited to the total amount of funding obligated 
at the time of termination. 
(b) LIMITATION OF COSTS.— 
(1) LIMITATION.—Except as provided by subsection (c), and 
excluding amounts described in paragraph (2), the total amount 
obligated or expended for the procurement of two space-based 
infrared systems satellites authorized by subsection (a) may 
not exceed $3,900,000,000. 
(2) EXCLUSION.—The amounts described in this paragraph 
are amounts associated with the following: 
(A) Plans. 
(B) Technical data packages. 
(C) Post delivery and program support costs. 
(D) Technical support for obsolescence studies. 
(c) WAIVER AND ADJUSTMENT TO LIMITATION AMOUNT.— 
(1) WAIVER.—In accordance with paragraph (2), the Sec-
retary may waive the limitation in subsection (b)(1) if the 
Secretary submits to the congressional defense committees and 
the Permanent Select Committee on Intelligence of the House 
of Representatives written notification of the adjustment made 
to the amount set forth in such subsection. 
(2) ADJUSTMENT.—Upon waiving the limitation under para-
graph (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 inser-
tion of the new technology is— 
Determination. 
Certification. 
Notification. 
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126 STAT. 1665 
PUBLIC LAW 112–239—JAN. 2, 2013 
(i) expected to decrease the life-cycle cost of the 
system; or 
(ii) required to meet an emerging threat that poses 
grave harm to national security. 
(d) REPORT.—Not later than 30 days after the date on which 
the Secretary awards a contract under subsection (a), the Secretary 
shall submit to the congressional defense committees and the 
Permanent Select Committee on Intelligence of the House of Rep-
resentatives a report on such contract, including the following: 
(1) The total cost savings resulting from the authority 
provided by subsection (a). 
(2) The type and duration of the contract awarded. 
(3) The total contract value. 
(4) The funding profile by year. 
(5) The terms of the contract regarding the treatment of 
changes by the Federal Government to the requirements of 
the contract, including how any such changes may affect the 
success of the contract. 
(6) A plan for using cost savings described in paragraph 
(1) to improve the capability of overhead persistent infrared, 
including a description of— 
(A) the available funds, by year, resulting from such 
cost savings; 
(B) the specific activities or subprograms to be funded 
by such cost savings and the funds, by year, allocated 
to each such activity or subprogram; 
(C) the objectives for each such activity or subprogram 
and the criteria used by the Secretary to determine which 
such activity or subprogram to fund; 
(D) the method in which such activities or subprograms 
will be awarded, including whether it will be on a competi-
tive basis; and 
(E) the process for determining how and when such 
activities and subprograms would transition to an existing 
program or be established as a new program of record. 
(e) USE OF FUNDS AVAILABLE FOR SPACE VEHICLE NUMBERS 
5 AND 6.—The Secretary may obligate and expend amounts author-
ized to be appropriated for fiscal year 2013 by section 101 for 
procurement, Air Force, as specified in the funding table in section 
4101 and available for the advanced procurement of long-lead parts 
and the replacement of obsolete parts for space-based infrared 
system satellite space vehicle numbers 5 and 6. 
(f) SENSE OF CONGRESS.—It is the sense of Congress that the 
Secretary should not enter into a fixed-price contract under sub-
section (a) for the procurement of two space-based infrared system 
satellites unless the Secretary determines that entering into such 
a contract will save the Air Force substantial savings, as required 
under section 2306b of title 10, United States Code, over the cost 
of procuring two such satellites separately. 
SEC. 153. LIMITATION ON AVAILABILITY OF FUNDS FOR EVOLVED 
EXPENDABLE LAUNCH VEHICLE PROGRAM. 
(a) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2013 for 
the Air Force for the evolved expendable launch vehicle program, 
10 percent may not be obligated or expended until the date on 
Determination. 
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126 STAT. 1666 
PUBLIC LAW 112–239—JAN. 2, 2013 
which the Secretary of the Air Force submits to the appropriate 
congressional committees— 
(1) a report describing the acquisition strategy for such 
program; and 
(2) written certification that such strategy— 
(A) maintains assured access to space; 
(B) achieves substantial cost savings; and 
(C) provides opportunities for competition. 
(b) MATTERS INCLUDED.—The report under subsection (a)(1) 
shall include the following information: 
(1) The anticipated savings to be realized under the acquisi-
tion strategy for the evolved expendable launch vehicle pro-
gram. 
(2) The number of launch vehicle booster cores covered 
by the planned contract for such program. 
(3) The number of years covered by such contract. 
(4) An assessment of when new entrants that have sub-
mitted a statement of intent will be certified to compete for 
evolved expendable launch vehicle-class launches. 
(5) The projected launch manifest, including possible 
opportunities for certified new entrants to compete for evolved 
expendable launch vehicle-class launches. 
(6) Any other relevant analysis used to inform the acquisi-
tion strategy for such program. 
(c) COMPTROLLER GENERAL.— 
(1) REVIEW.—The Comptroller General of the United States 
shall review the report under subsection (a)(1). 
(2) SUBMITTAL.—Not later than 30 days after the date 
on which the report under subsection (a)(1) is submitted to 
the appropriate congressional committees, the Comptroller Gen-
eral shall— 
(A) submit to such committees a report on the review 
under paragraph (1); or 
(B) provide to such committees a briefing on such 
review. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) The congressional defense committees. 
(2) The Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on 
Intelligence of the Senate. 
SEC. 154. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT 
OF RQ–4 GLOBAL HAWK UNMANNED AIRCRAFT SYSTEMS. 
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 
2013 for the Department of Defense may be obligated or expended 
to retire, prepare to retire, or place in storage an RQ–4 Block 
30 Global Hawk unmanned aircraft system. 
(b) 
MAINTAINED
LEVELS.—During 
the 
period 
preceding 
December 31, 2014, in supporting the operational requirements 
of the combatant commands, the Secretary of the Air Force shall 
maintain the operational capability of each RQ–4 Block 30 Global 
Hawk unmanned aircraft system belonging to the Air Force or 
delivered to the Air Force during such period. 
Briefing. 
Reports. 
Deadline. 
Certification. 
Reports. 
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126 STAT. 1667 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 155. REQUIREMENT TO SET F–35 AIRCRAFT INITIAL OPERATIONAL 
CAPABILITY DATES. 
(a) F–35A.—Not later than June 1, 2013, the Secretary of 
the Air Force shall— 
(1) establish the initial operational capability date for the 
F–35A aircraft; and 
(2) submit to the congressional defense committees a report 
on the details of such initial operational capability. 
(b) F–35B AND F–35C.—Not later than June 1, 2013, the Sec-
retary of the Navy shall— 
(1) establish the initial operational capability dates for 
the F–35B and F–35C aircraft; and 
(2) submit to the congressional defense committees a report 
on the details of such initial operational capabilities for both 
variants. 
SEC. 156. SHALLOW WATER COMBAT SUBMERSIBLE PROGRAM. 
(a) INITIAL REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Assistant Secretary of Defense 
for Special Operations and Low-Intensity Conflict, in coordination 
with the Commander of the United States Special Operations Com-
mand, shall submit to the congressional defense committees a report 
setting forth the following: 
(1) A description of all efforts under the Shallow Water 
Combat Submersible program and the United States Special 
Operations Command to improve the accuracy of the tracking 
of the schedule and costs of the program. 
(2) The revised timeline for the initial and full operational 
capability of the Shallow Water Combat Submersible, including 
details outlining and justifying the revised baseline to the pro-
gram. 
(3) Current cost estimates to meet the basis of issue 
requirement under the program. 
(4) An assessment of existing program risk through the 
completion of operational testing. 
(b) SUBSEQUENT REPORTS.— 
(1) QUARTERLY
REPORTS
REQUIRED.—The Assistant Sec-
retary, in coordination with the Commander of the United 
States Special Operations Command, shall submit to the 
congressional defense committees on a quarterly basis updates 
on the schedule and cost performance of the contractor of the 
Shallow Water Combat Submersible program, including metrics 
from the earned value management system. 
(2) SUNSET.—The requirement in paragraph (1) shall cease 
on the date the Shallow Water Combat Submersible has com-
pleted operational testing and has been found to be operation-
ally effective and operationally suitable. 
SEC. 157. REQUIREMENT THAT TACTICAL MANNED INTELLIGENCE, 
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT AND 
UNMANNED AERIAL VEHICLES USE SPECIFIED STANDARD 
DATA LINK. 
(a) REQUIREMENT.—The Secretary of Defense shall take such 
steps as necessary to ensure that (except as specified in subsection 
(c)) all covered aircraft of the Army, Navy, Marine Corps, and 
Air Force are equipped and configured so that— 
Deadline. 
Reports. 
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126 STAT. 1668 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) the data link used by those vehicles is the Department 
of Defense standard tactical manned intelligence, surveillance, 
and reconnaissance aircraft and unmanned aerial vehicle data 
link known as the Common Data Link or a data link that 
uses waveform capable of transmitting and receiving Internet 
Protocol communications; and 
(2) with respect to unmanned aerial vehicles, such vehicles 
use data formats consistent with the architectural standard 
known as STANAG 4586 that was developed to facilitate multi-
national interoperability among NATO member nations. 
(b) SOLICITATIONS.—The Secretary of Defense shall ensure that 
any solicitation issued for a Common Data Link described in sub-
section (a), regardless of whether the solicitation is issued by a 
military department or a contractor with respect to a subcontract— 
(1) conforms to a Department of Defense specification 
standard, including interfaces and waveforms, existing as of 
the date of the solicitation; and 
(2) does not include any proprietary or undocumented wave-
forms or control interfaces or data interfaces as a requirement 
or criterion for evaluation. 
(c) WAIVER.—The Under Secretary of Defense for Acquisition, 
Technology, and Logistics may waive the applicability of this section 
to any covered aircraft if the Under Secretary determines, and 
certifies to the congressional defense committees, that— 
(1) it would be technologically infeasible or economically 
unacceptable to apply this section to such aircraft; or 
(2) such aircraft is under a special access program that 
is not considered a major defense acquisition program. 
(d) COVERED AIRCRAFT DEFINED.—In this section, the term 
‘‘covered aircraft’’ means— 
(1) tactical manned intelligence, surveillance, and recon-
naissance aircraft; and 
(2) unmanned aerial vehicles. 
(e) CONFORMING REPEAL.—Section 141 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3163) is repealed. 
SEC. 158. STUDY ON SMALL ARMS AND SMALL-CALIBER AMMUNITION 
CAPABILITIES. 
(a) STUDY.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
enter into a contract with a federally funded research and 
development center to conduct a study on the requirements 
analysis and determination processes and capabilities of the 
Department of Defense with respect to small arms and small- 
caliber ammunition that carries out each of the following: 
(A) A comparative evaluation of the current military 
small arms in use by the Armed Forces, including general 
purpose and special operations forces, and select military 
equivalent commercial candidates not necessarily in use 
militarily but currently available. 
(B) A comparative evaluation of the standard small- 
caliber ammunition of the Department with other small- 
caliber ammunition alternatives. 
Deadline. 
Determination. 
Certification. 
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126 STAT. 1669 
PUBLIC LAW 112–239—JAN. 2, 2013 
(C) An assessment of the current plans of the Depart-
ment to modernize the small arms and small-caliber 
ammunition capabilities of the Department. 
(D) An assessment of the requirements analysis and 
determination processes of the Department for small arms 
and small-caliber ammunition. 
(2) FACTORS TO CONSIDER.—The study required under para-
graph (1) shall take into consideration the following factors: 
(A) Current and future operating environments, as 
specified or referred to in strategic guidance and planning 
documents of the Department. 
(B) Capability gaps identified in small arms and small- 
caliber ammunition capabilities based assessments of the 
Department. 
(C) Actions taken by the Secretary to address capability 
gaps identified in any such capabilities based assessments. 
(D) Findings from studies of the Department of Defense 
Small Arms and Small-Caliber Ammunition defense sup-
port team and actions taken by the Secretary in response 
to such findings. 
(E) Findings from the assessment required by section 
143 of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 
2304 note) and actions taken by the Secretary in response 
to such findings. 
(F) Modifications and improvements recently applied 
to small arms and small-caliber ammunition of the Armed 
Forces, including general purpose and special operations 
forces, as well as the potential for continued modification 
and improvement. 
(G) Impacts to the small arms production industrial 
base and small-caliber ammunition industrial base, if any, 
associated with changes from current U.S. or NATO 
standard caliber weapons or ammunition sizes. 
(H) Total life cycle costs of each small arms system 
and small-caliber ammunition, including incremental 
increases in cost for industrial facilitization or small arms 
and ammunition procurement, if any, associated with 
changes described in subparagraph (G). 
(I) Any other factor the federally funded research and 
development center considers appropriate. 
(3) ACCESS TO INFORMATION.—The Secretary shall ensure 
that the federally funded research and development center 
conducting the study under paragraph (1) has access to all 
necessary data, records, analyses, personnel, and other 
resources necessary to complete the study. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than September 30, 2013, the 
Secretary shall submit to the congressional defense committees 
a report containing the results of the study conducted under 
subsection (a)(1), together with the comments of the Secretary 
on the findings contained in the study. 
(2) CLASSIFIED ANNEX.—The report shall be in unclassified 
form, but may contain a classified annex. 
(c) SMALL ARMS DEFINED.—In this section, the term ‘‘small 
arms’’ means weapons assigned to and operated by an individual 
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126 STAT. 1670 
PUBLIC LAW 112–239—JAN. 2, 2013 
member of the Armed Forces, including handguns, rifles and car-
bines (including sniper and designated marksman weapons), sub- 
machine guns, and light-machine guns. 
TITLE II—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Next-generation long-range strike bomber aircraft nuclear certification re-
quirement. 
Sec. 212. Extension of limitation on availability of funds for Unmanned Carrier- 
launched Surveillance and Strike system program. 
Sec. 213. Limitation on availability of funds for milestone A activities for an Army 
medium range multi-purpose vertical takeoff and landing unmanned 
aircraft system. 
Sec. 214. Use of funds for conventional prompt global strike program. 
Sec. 215. Next Generation Foundry for the Defense Microelectronics Activity. 
Sec. 216. Advanced rotorcraft initiative. 
Subtitle C—Missile Defense Programs 
Sec. 221. Prohibition on the use of funds for the MEADS program. 
Sec. 222. Availability of funds for Iron Dome short-range rocket defense program. 
Sec. 223. Authority for relocation of certain Aegis weapon system assets between 
and within the DDG–51 class destroyer and Aegis Ashore programs in 
order to meet mission requirements. 
Sec. 224. Evaluation of alternatives for the precision tracking space system. 
Sec. 225. Next generation Exo-atmospheric Kill Vehicle. 
Sec. 226. Modernization of the Patriot air and missile defense system. 
Sec. 227. Evaluation and environmental impact assessment of potential future mis-
sile defense sites in the United States. 
Sec. 228. Homeland ballistic missile defense. 
Sec. 229. Regional ballistic missile defense. 
Sec. 230. NATO contributions to missile defense in Europe. 
Sec. 231. Report on test plan for the ground-based midcourse defense system. 
Sec. 232. Sense of Congress on missile defense. 
Sec. 233. Sense of Congress on the submittal to Congress of the homeland defense 
hedging policy and strategy report of the Secretary of Defense. 
Subtitle D—Reports 
Sec. 241. Mission packages for the Littoral Combat Ship. 
Sec. 242. Study on electronic warfare capabilities of the Marine Corps. 
Sec. 243. Conditional requirement for report on amphibious assault vehicles for the 
Marine Corps. 
Sec. 244. Report on cyber and information technology research investments of the 
Air Force. 
Sec. 245. National Research Council review of defense science and technical grad-
uate education needs. 
Subtitle E—Other Matters 
Sec. 251. Eligibility for Department of Defense laboratories to enter into edu-
cational partnerships with educational institutions in territories and 
possessions of the United States. 
Sec. 252. Regional advanced technology clusters. 
Sec. 253. Sense of Congress on increasing the cost-effectiveness of training exer-
cises for members of the Armed Forces. 
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126 STAT. 1671 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2013 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as specified in the funding table in 
section 4201. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. NEXT-GENERATION LONG-RANGE STRIKE BOMBER AIRCRAFT 
NUCLEAR CERTIFICATION REQUIREMENT. 
The Secretary of the Air Force shall ensure that the next- 
generation long-range strike bomber is— 
(1) capable of carrying strategic nuclear weapons as of 
the date on which such aircraft achieves initial operating capa-
bility; and 
(2) certified to use such weapons by not later than two 
years after such date. 
SEC. 212. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS 
FOR 
UNMANNED 
CARRIER-LAUNCHED 
SURVEILLANCE 
AND STRIKE SYSTEM PROGRAM. 
(a) EXTENSION OF LIMITATION.—Subsection (a) of section 213 
of the National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1330) is amended by inserting ‘‘or 
fiscal year 2013’’ after ‘‘fiscal year 2012’’. 
(b) TECHNOLOGY DEVELOPMENT PHASE.—Such section is further 
amended by adding at the end the following new subsection: 
‘‘(d) TECHNOLOGY DEVELOPMENT
AND PRELIMINARY DESIGN 
PHASES.— 
‘‘(1) CONTRACTORS.—In accordance with paragraph (2), the 
Secretary of the Navy may not reduce the number of prime 
contractors working on the Unmanned Carrier-launched 
Surveillance and Strike system program to one prime contractor 
for the technology development phase of such program prior 
to the program achieving the preliminary design review mile-
stone. 
‘‘(2) PRELIMINARY DESIGN REVIEW.—After the date on which 
the Unmanned Carrier-launched Surveillance and Strike 
system program achieves the preliminary design review mile-
stone, the Secretary may not reduce the number of prime 
contractors working on the program to one prime contractor 
until— 
‘‘(A) the preliminary design reviews of the program 
are completed; 
‘‘(B) the Under Secretary of Defense for Acquisition, 
Technology, and Logistics assesses the completeness of the 
preliminary design reviews of the program for each partici-
pating prime contractor; 
‘‘(C) the Under Secretary submits to the congressional 
defense committees a report that includes— 
Reports. 
Deadline. 
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126 STAT. 1672 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(i) a summary of the assessment of the prelimi-
nary design reviews of the program conducted under 
subparagraph (B); and 
‘‘(ii) a certification that each preliminary design 
review of the program was complete and was not abbre-
viated when compared to preliminary design reviews 
conducted for other major defense acquisition programs 
consistent with the policies specified in Department 
of Defense Instruction 5000.02; and 
‘‘(D) a period of 30 days has elapsed following the 
date on which the Under Secretary submits the report 
under subparagraph (C).’’. 
(c) TECHNICAL AMENDMENT.—Such section is further amended 
by striking ‘‘Future Unmanned Carrier-based Strike System’’ each 
place it appears and inserting ‘‘Unmanned Carrier-launched 
Surveillance and Strike system’’. 
SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR MILESTONE 
A ACTIVITIES FOR AN ARMY MEDIUM RANGE MULTI-PUR-
POSE VERTICAL TAKEOFF AND LANDING UNMANNED AIR-
CRAFT SYSTEM. 
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 
2013 for research, development, test, and evaluation, Army, may 
be obligated or expended for Milestone A activities with respect 
to a medium-range multi-purpose vertical take-off and landing 
unmanned aircraft system until— 
(1) the Chairman of the Joint Requirements Oversight 
Council certifies in writing to the appropriate congressional 
committees that the Joint Requirements Oversight Council 
determines that— 
(A) such system is required to meet a required capa-
bility or requirement validated by the Council; and 
(B) as of the date of the certification, an unmanned 
aircraft system in the operational inventory of a military 
department that was selected using competitive procedures 
cannot meet such capability or be modified to meet such 
capability in a more cost effective way; and 
(C) the acquisition strategy for such a capability 
includes competitive procedures as a requirement; and 
(2) a period of 30 days has elapsed following the date 
on which the Chairman submits the certification under para-
graph (1). 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ 
means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Permanent Select Committee 
on Intelligence of the House of Representatives; and 
(B) the Committee on Armed Services, the Committee 
on Appropriations, and the Select Committee on Intel-
ligence of the Senate. 
(2) The term ‘‘competitive procedures’’ has the meaning 
given that term in section 2302(2) of title 10, United States 
Code. 
(3) The term ‘‘Milestone A activities’’ means, with respect 
to an acquisition program of the Department of Defense— 
Time period. 
Certification. 
Time period. 
Certification. 
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126 STAT. 1673 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) the distribution of request for proposals; 
(B) the selection of technology demonstration contrac-
tors; and 
(C) technology development. 
SEC. 214. USE OF FUNDS FOR CONVENTIONAL PROMPT GLOBAL 
STRIKE PROGRAM. 
(a) COMPETITIVE PROCEDURES.—Except as provided by sub-
section (b), the Secretary of Defense shall ensure that any funds 
authorized to be appropriated by this Act or otherwise made avail-
able for fiscal year 2013 for activities of the conventional prompt 
global strike program are obligated or expended using competitive 
solicitation procedures to involve industry as well as government 
partners to the extent feasible. 
(b) WAIVER.—The Secretary may waive the requirement to use 
competitive solicitation procedures under subsection (a) if— 
(1) the Secretary— 
(A) determines that using such procedures is not fea-
sible; and 
(B) notifies the congressional defense committees of 
such determination; and 
(2) a period of 5 days elapses after the date on which 
the Secretary makes such notification under paragraph (1)(B). 
SEC. 215. NEXT GENERATION FOUNDRY FOR THE DEFENSE MICRO-
ELECTRONICS ACTIVITY. 
None of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2013 for research, 
development, test, and evaluation for the Next Generation Foundry 
for the Defense Microelectronics Activity (PE #603720S) may be 
obligated or expended for that purpose until a period of 60 days 
has elapsed following the date on which the Assistant Secretary 
of Defense for Research and Engineering— 
(1) develops a microelectronics strategy as described in 
the Senate report to accompany S. 1253 of the 112th Congress 
(S. Rept. 112–26) and an estimate of the full life-cycle costs 
for the upgrade of the Next Generation Foundry; 
(2) develops an assessment regarding the manufacturing 
capability of the United States to produce three-dimensional 
integrated circuits to serve national defense interests; and 
(3) submits to the congressional defense committees the 
strategy and cost estimate required by paragraph (1) and the 
assessment required by paragraph (2). 
SEC. 216. ADVANCED ROTORCRAFT INITIATIVE. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall, in consultation with 
the military departments and the Defense Advanced Research 
Projects Agency, submit to the congressional defense committees 
a report setting forth a strategy for the use of integrated platform 
design teams and agile prototyping approaches for the development 
of advanced rotorcraft capabilities. 
(b) ELEMENTS.—The strategy required by subsection (a) shall 
include the following: 
(1) Mechanisms for establishing agile prototyping practices 
and programs, including rotorcraft X-planes, and an identifica-
tion of the resources required for such purposes. 
Deadline. 
Reports. 
Estimate. 
Assessment. 
Strategy. 
Time period. 
Time period. 
Notification. 
Determination. 
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126 STAT. 1674 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) The X-Plane Rotorcraft program of the Defense 
Advanced Research Projects Agency with performance objec-
tives beyond those of the Joint Multi-role development program, 
including at least two competing teams. 
(3) Approaches, including potential competitive prize 
awards, to encourage the development of advanced rotorcraft 
capabilities to address challenge problems such as nap-of-earth 
automated flight, urban operation near buildings, slope 
landings, automated autorotation or power-off recovery, and 
automated selection of landing areas. 
Subtitle C—Missile Defense Programs 
SEC. 221. PROHIBITION ON THE USE OF FUNDS FOR THE MEADS PRO-
GRAM. 
None of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2013 for the Department 
of Defense may be obligated or expended for the medium extended 
air defense system. 
SEC. 222. AVAILABILITY OF FUNDS FOR IRON DOME SHORT-RANGE 
ROCKET DEFENSE PROGRAM. 
Of the funds authorized to be appropriated for fiscal year 
2013 by section 201 for research, development, test, and evaluation, 
Defense-wide, and available for the Missile Defense Agency, 
$211,000,000 may be provided to the Government of Israel for 
the Iron Dome short-range rocket defense program as specified 
in the funding table in section 4201. 
SEC. 223. AUTHORITY FOR RELOCATION OF CERTAIN AEGIS WEAPON 
SYSTEM ASSETS BETWEEN AND WITHIN THE DDG–51 CLASS 
DESTROYER AND AEGIS ASHORE PROGRAMS IN ORDER 
TO MEET MISSION REQUIREMENTS. 
(a) TRANSFER TO AEGIS ASHORE SYSTEM.—Notwithstanding any 
other provision of law, the Secretary of the Navy may transfer 
Aegis weapon system equipment with ballistic missile defense capa-
bility to the Director of the Missile Defense Agency for use by 
the Director in the Aegis Ashore System for installation in the 
country designated as ‘‘Host Nation 1’’ by transferring to the Agency 
such equipment procured with amounts authorized to be appro-
priated for shipbuilding and conversion, Navy, for fiscal years 2010 
and 2011 for the DDG–51 Class Destroyer Program. 
(b) ADJUSTMENTS IN EQUIPMENT DELIVERIES.— 
(1) USE OF FY12 FUNDS FOR AWS SYSTEMS ON DESTROYERS 
PROCURED WITH FY11 FUNDS.—Amounts authorized to be appro-
priated for shipbuilding and conversion, Navy, for fiscal year 
2012, and any Aegis weapon system assets procured with such 
amounts, may be used to deliver complete, mission-ready Aegis 
weapon systems with ballistic missile defense capability to any 
DDG–51 class destroyer for which amounts were authorized 
to be appropriated for shipbuilding and conversion, Navy, for 
fiscal year 2011. 
(2) USE OF AWS SYSTEMS PROCURED WITH RDT&E FUNDS 
ON DESTROYERS.—The Secretary may install on any DDG–51 
class destroyer Aegis weapon systems with ballistic missile 
defense capability transferred pursuant to subsection (c). 
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126 STAT. 1675 
PUBLIC LAW 112–239—JAN. 2, 2013 
(c) TRANSFER FROM AEGIS ASHORE SYSTEM.—The Director shall 
transfer Aegis weapon system equipment with ballistic missile 
defense capability procured for installation in the Aegis Ashore 
System to the Secretary for the DDG–51 Class Destroyer Program 
to replace any equipment transferred to the Director under sub-
section (a). 
(d) 
TREATMENT
OF
TRANSFER
IN
FUNDING
DESTROYER 
CONSTRUCTION.—Notwithstanding the source of funds for any equip-
ment transferred under subsection (c), the Secretary shall fund 
all work necessary to complete construction and outfitting of any 
destroyer in which such equipment is installed in the same manner 
as if such equipment had been acquired using amounts in the 
shipbuilding and conversion, Navy, account. 
SEC. 224. EVALUATION OF ALTERNATIVES FOR THE PRECISION 
TRACKING SPACE SYSTEM. 
(a) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2013 for 
the Missile Defense Agency for the precision tracking space system, 
not more than 75 percent may be obligated or expended until 
the date on which— 
(1) the Director of Cost Assessment and Program Evalua-
tion completes the evaluation under subsection (b)(1); and 
(2) the terms of reference for the evaluation under sub-
section (b)(1)(B) are— 
(A) approved by the Missile Defense Executive Board, 
in coordination with the Defense Space Council; and 
(B) submitted to the congressional defense committees. 
(b) INDEPENDENT COST ESTIMATE AND EVALUATION OF ALTER-
NATIVES REQUIRED.— 
(1) IN
GENERAL.—The Director of Cost Assessment and 
Program Evaluation shall perform— 
(A) an independent cost estimate for the precision 
tracking space system; and 
(B) a comprehensive assessment evaluation of alter-
natives for such system. 
(2) BASIS
OF
EVALUATION.—The evaluation under para-
graph (1)(B) shall be based on a clear articulation by the 
Director of the Missile Defense Agency of— 
(A) the space-based and ground-based sensors that will 
be required to be maintained to aid the precision tracking 
space system constellation; 
(B) the number of satellites to be procured for a first 
constellation, including the projected lifetime of such sat-
ellites in the first constellation, and the number projected 
to be procured for a first and, if applicable, second 
replenishment; 
(C) the technological and acquisition risks of such 
system, including systems engineering and ground system 
development; 
(D) an evaluation of the technological capability dif-
ferences between the precision tracking space system 
tracking sensor and the space tracking and surveillance 
system tracking sensor; 
(E) the cost differences, as confirmed by the Director 
of Cost Assessment and Program Evaluation, between such 
systems, including costs relating to launch services; and 
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126 STAT. 1676 
PUBLIC LAW 112–239—JAN. 2, 2013 
(F) any other matters the Director believes useful that 
do not unduly delay completion of the evaluation. 
(3) EVALUATION.—In conducting the evaluation under para-
graph (1)(B), the Director of Cost Assessment and Program 
Evaluation shall— 
(A) evaluate whether the precision tracking space 
system, as planned by the Director of the Missile Defense 
Agency in the budget submitted to Congress under section 
1105 of title 31, United States Code, for fiscal year 2013, 
is the most cost effective and best value sensor option 
with respect to land-, air-, or space-based sensors, or a 
combination thereof, to improve the regional missile 
defense and homeland missile defense of the United States, 
including by adding precision tracking and discrimination 
capability to the ground-based midcourse defense system; 
(B) examine the overhead persistent infrared satellite 
data or other data that are available as of the date of 
the evaluation that are not being used for ballistic missile 
tracking; 
(C) determine whether and how using the data 
described in subparagraph (B) could improve sensor cov-
erage for the homeland missile defense of the United States 
and regional missile defense capabilities; 
(D) study the plans of the Director of the Missile 
Defense Agency to integrate the precision tracking space 
system concept into the ballistic missile defense system 
and evaluate the concept of operations and missile defense 
engagement scenarios of such use; 
(E) consider the agreement entered into under sub-
section (d)(1); and 
(F) consider any other matters the Director believes 
useful that do not unduly delay completion of the evalua-
tion. 
(4) COST DETERMINATION.—-In conducting the independent 
cost estimate under paragraph (1)(A), the Director of Cost 
Assessment and Program Evaluation shall take into account 
acquisition costs and operation and sustainment costs during 
the initial 10-year and 20-year periods. 
(5) COOPERATION.—The Director of the Missile Defense 
Agency shall provide to the Director of Cost Assessment and 
Program Evaluation the information necessary to conduct the 
independent cost estimate and the evaluation of alternatives 
of such program under paragraph (1). 
(c) SUBMISSION REQUIRED.—Not later than April 30, 2013, the 
Director of Cost Assessment and Program Evaluation shall submit 
to the congressional defense committees the independent cost esti-
mate and evaluation under subparagraphs (A) and (B) of subsection 
(b)(1). 
(d) MEMORANDUM OF AGREEMENT.— 
(1) IN
GENERAL.—The Director of the Missile Defense 
Agency shall enter into a memorandum of agreement with 
the Commander of the Air Force Space Command with respect 
to the space situational awareness capabilities, requirements, 
design, and cost sharing of the precision tracking space system. 
(2) SUBMISSION.—The Director shall submit to the congres-
sional defense committees the agreement entered into under 
paragraph (1). 
Deadline. 
Time periods. 
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126 STAT. 1677 
PUBLIC LAW 112–239—JAN. 2, 2013 
(e) REVIEW BY THE COMPTROLLER GENERAL.— 
(1) TERMS
OF
REFERENCE.—The Comptroller General of 
the United States shall provide to the congressional defense 
committees— 
(A) by not later than 30 days after the date on which 
the terms of reference for the evaluation under subsection 
(b)(1)(B) are provided to such committees pursuant to sub-
section (a)(2), a briefing on the views of the Comptroller 
General with respect to such terms of reference and their 
conformance with the best practices for analyses of alter-
natives established by the Comptroller General; and 
(B) a final report on such terms as soon as practicable 
following the date of the briefing under subparagraph (A). 
(2) COMPREHENSIVE PTSS ASSESSMENT.—The Comptroller 
General shall further provide to the congressional defense 
committees— 
(A) by not later than 60 days after the date on which 
the evaluation is submitted to such committees under sub-
section (c), a briefing on the views of the Comptroller 
General with respect to such evaluation; and 
(B) a final report on such evaluation as soon as prac-
ticable following the date of the briefing under subpara-
graph (A). 
SEC. 225. NEXT GENERATION EXO-ATMOSPHERIC KILL VEHICLE. 
(a) PLAN FOR NEXT GENERATION KILL VEHICLE.—The Director 
of the Missile Defense Agency shall develop a long-term plan for 
the exo-atmospheric kill vehicle that addresses both modifications 
and enhancements to the current exo-atmospheric kill vehicle and 
options for the competitive development of a next generation exo- 
atmospheric kill vehicle for the ground-based interceptor of the 
ground-based midcourse defense system and any other interceptor 
that might be developed for the defense of the United States against 
long-range ballistic missiles. 
(b) DEFINITION OF PARAMETERS AND CAPABILITIES.— 
(1) ASSESSMENT REQUIRED.—The Director shall define the 
desired technical parameters and performance capabilities for 
a next generation exo-atmospheric kill vehicle using an assess-
ment conducted by the Director for that purpose that is 
designed to ensure that a next generation exo-atmospheric kill 
vehicle design— 
(A) enables ease of manufacturing, high tolerances to 
production processes and supply chain variability, and 
inherent reliability; 
(B) will be optimized to take advantage of the ballistic 
missile defense system architecture and sensor system 
capabilities; 
(C) leverages all relevant kill vehicle development 
activities and technologies, including from the current 
standard missile–3 block IIB program and the previous 
multiple kill vehicle technology development program; 
(D) seeks to maximize, to the greatest extent prac-
ticable, commonality between subsystems of a next genera-
tion exo-atmospheric kill vehicle and other exo-atmospheric 
kill vehicle programs; and 
(E) meets Department of Defense criteria, as estab-
lished in the February 2010 Ballistic Missile Defense 
Deadlines. 
Briefings. 
Reports. 
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126 STAT. 1678 
PUBLIC LAW 112–239—JAN. 2, 2013 
Review, for affordability, reliability, suitability, and oper-
ational effectiveness to defend against limited attacks from 
evolving and future threats from long-range missiles. 
(2) EVALUATION OF PAYLOADS.—The assessment required 
by paragraph (1) shall include an evaluation of the potential 
benefits and drawbacks of options for both unitary and multiple 
exo-atmospheric kill vehicle payloads. 
(3) STANDARD MISSILE–3 BLOCK IIB INTERCEPTOR.—As part 
of the assessment required by paragraph (1), the Director shall 
evaluate whether there are potential options and opportunities 
arising from the standard missile–3 block IIB interceptor 
development program for development of an exo-atmospheric 
kill vehicle, or kill vehicle technologies or components, that 
could be used for potential upgrades to the ground-based inter-
ceptor or for a next generation exo-atmospheric kill vehicle. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Director shall submit to 
the congressional defense committees a report setting forth 
the plan developed under subsection (a), including the results 
of the assessment under subsection (b), and an estimate of 
the cost and schedule of implementing the plan. 
(2) FORM.—The report required by paragraph (1) shall be 
submitted in unclassified form, but may include a classified 
annex. 
SEC. 226. MODERNIZATION OF THE PATRIOT AIR AND MISSILE 
DEFENSE SYSTEM. 
(a) PLAN FOR MODERNIZATION.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of the Army 
shall submit to the congressional defense committees a prioritized 
plan for support of the long-term requirements in connection with 
the modernization of the Patriot air and missile defense system 
and related systems of the integrated air and missile defense 
architecture. 
(b) ADDITIONAL ELEMENTS.—The report required by subsection 
(a) shall also set forth the following: 
(1) An explanation of the requirements and goals for the 
Patriot air and missile defense system and related systems 
of the integrated air and missile defense architecture during 
the 10-year period beginning on the date of the report. 
(2) An assessment of the integrated air and missile defense 
capabilities required to meet the demands of evolving and 
emerging threats during the ten-year period beginning on the 
date of the report. 
(3) A plan for the introduction of changes to the Patriot 
air and missile defense system program to achieve reductions 
in the life-cycle cost of the Patriot air and missile defense 
system. 
SEC. 227. EVALUATION AND ENVIRONMENTAL IMPACT ASSESSMENT 
OF POTENTIAL FUTURE MISSILE DEFENSE SITES IN THE 
UNITED STATES. 
(a) EVALUATION.—Not later than December 31, 2013, the Sec-
retary of Defense shall conduct a study to evaluate at least three 
possible additional locations in the United States, selected by the 
Director of the Missile Defense Agency, that would be best suited 
for future deployment of an interceptor capable of protecting the 
Deadline. 
Study. 
Deadline. 
Evaluation. 
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126 STAT. 1679 
PUBLIC LAW 112–239—JAN. 2, 2013 
homeland against threats from nations such as North Korea and 
Iran. At least two of such locations shall be on the East Coast 
of the United States. 
(b) ENVIRONMENTAL IMPACT STATEMENT REQUIRED.—Except as 
provided by subsection (c), the Secretary shall prepare an environ-
mental impact statement in accordance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. et seq.) for the locations 
the Secretary evaluates under subsection (a). 
(c) EXCEPTION.—If an environmental impact statement has 
already been prepared for a location the Secretary evaluates under 
subsection (a), the Secretary shall not be required to prepare 
another environmental impact statement for such location. 
(d) CONTINGENCY PLAN.—In light of the evaluation under sub-
section (a), the Director of the Missile Defense Agency shall— 
(1) develop a contingency plan for the deployment of a 
homeland missile defense interceptor site that is in addition 
to such sites that exist as of the date of the enactment of 
this Act in case the President determines to proceed with 
such an additional deployment; and 
(2) notify the congressional defense committees when such 
contingency plan has been developed. 
SEC. 228. HOMELAND BALLISTIC MISSILE DEFENSE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) it is a national priority to defend the United States 
homeland against the threat of limited ballistic missile attack 
(whether accidental, unauthorized, or deliberate); 
(2) the currently deployed ground-based midcourse defense 
system, with 30 ground-based interceptors deployed in Alaska 
and California, provides a level of protection of the United 
States homeland; 
(3) it is essential for the ground-based midcourse defense 
system to achieve the levels of reliability, availability, sustain-
ability, and operational performance that will allow it to con-
tinue providing protection of the United States homeland; 
(4) the Missile Defense Agency should, as its highest pri-
ority, correct the problem that caused the December 2010 
ground-based midcourse defense system flight test failure and 
demonstrate the correction in flight tests before resuming 
production of the capability enhancement-II kill vehicle, in 
order to provide confidence that the system will work as 
intended; 
(5) the Department of Defense should continue to enhance 
the performance and reliability of the ground-based midcourse 
defense system, and enhance the capability of the ballistic 
missile defense system, to provide improved capability to defend 
the homeland; 
(6) the Missile Defense Agency should have a robust, rig-
orous, and operationally realistic testing program for the 
ground-based midcourse defense system, including salvo 
testing, multiple simultaneous engagement testing, and oper-
ational testing; 
(7) the Department of Defense has taken a number of 
prudent, affordable, cost-effective, and operationally significant 
steps to hedge against the possibility of future growth in the 
missile threat to the homeland from North Korea and Iran; 
and 
Notification. 
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126 STAT. 1680 
PUBLIC LAW 112–239—JAN. 2, 2013 
(8) the Department of Defense should continue to evaluate 
the evolving threat of limited ballistic missile attack, particu-
larly from countries such as North Korea and Iran, and consider 
other possibilities for prudent, affordable, cost-effective, and 
operationally significant steps to improve the posture of the 
United States to defend the homeland. 
(b) REPORT.— 
(1) REPORT REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
on the status of efforts to improve the homeland ballistic missile 
defense capability of the United States. 
(2) ELEMENTS OF REPORT.—The report required by para-
graph (1) shall include the following: 
(A) A detailed description of the actions taken or 
planned to improve the reliability, availability, and capa-
bility of the ground-based midcourse defense system, 
particularly the exoatmospheric kill vehicle, and any other 
actions to improve the homeland missile defense posture 
to hedge against potential future growth in the threat 
of limited ballistic missile attack (whether accidental, 
unauthorized, or deliberate), particularly from countries 
such as North Korea and Iran. 
(B) A description of any improvements achieved as 
a result of the actions described in subparagraph (A). 
(C) A description of the results of the two planned 
flight tests of the ground-based midcourse defense system 
(control test vehicle flight test–1, and GMD flight test– 
06b) intended to demonstrate the success of the correction 
of the problem that caused the flight test failure of 
December 2010, and the status of any decision to resume 
production of the capability enhancement-II kill vehicle. 
(D) a detailed description of the planned roles and 
requirements for the standard missile-3 block IIB inter-
ceptor to augment the defense of the homeland, including 
the capabilities needed to defeat long-range missiles that 
could be launched from Iran to the United States; 
(E) Any other matters the Secretary considers appro-
priate. 
(3) FORM OF REPORT.—The report shall be submitted in 
unclassified form, but may include a classified annex. 
(c) COMPTROLLER GENERAL BRIEFING AND REPORT.— 
(1) BRIEFING.—Not later than 60 days after the date on 
which the Secretary submits the report under subsection (b)(1), 
the Comptroller General of the United States shall brief the 
congressional defense committees with the views of the Comp-
troller General on the report. 
(2) REPORT.—As soon as practicable after the date on which 
the Comptroller General briefs the congressional defense 
committees under paragraph (1), the Comptroller General shall 
submit to such committees a report on the views included 
in such briefing. 
SEC. 229. REGIONAL BALLISTIC MISSILE DEFENSE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the threat from regional ballistic missiles, particularly 
from Iran and North Korea, is serious and growing, and puts 
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126 STAT. 1681 
PUBLIC LAW 112–239—JAN. 2, 2013 
at risk forward-deployed forces of the United States and allies 
and partners in Europe, the Middle East, and the Asia-Pacific 
region; 
(2) the Department of Defense has an obligation to provide 
force protection of forward-deployed forces, assets, and facilities 
of the United States from regional ballistic missile attack; 
(3) the United States has an obligation to meet its security 
commitments to its allies, including ballistic missile defense 
commitments; 
(4) the Department of Defense has a program of investment 
and capabilities to provide for both homeland defense and 
regional defense against ballistic missiles, consistent with the 
Ballistic Missile Defense Review of 2010 and with the 
prioritized and integrated needs of the commanders of the 
combatant commands; 
(5) the European Phased Adaptive Approach to missile 
defense is a response to the existing and growing ballistic 
missile threat from Iran to forward deployed United States 
forces, allies and partners in Europe; 
(6) the Department of Defense— 
(A) should, as a high priority, continue to develop, 
test, and plan to deploy all four phases of the European 
Phased Adaptive Approach, including all variants of the 
standard missile–3 interceptor; 
(B) should continue to conduct tests to evaluate and 
assess the capability of future phases of the European 
Phased Adaptive Approach and to demonstrate whether 
they will achieve their intended roles, as outlined in the 
Ballistic Missile Defense Review of 2010; and 
(C) should also continue with its other phased and 
adaptive regional missile defense efforts tailored to the 
Middle East and the Asia-Pacific region; and 
(7) European members of the North Atlantic Treaty 
Organization are making a variety of contributions to missile 
defense in Europe, by hosting elements of missile defense sys-
tems of the United States on their territories, through indi-
vidual national contributions to missile defense capability, and 
by collective funding and development of the Active Layered 
Theater Ballistic Missile Defense system; and 
(8) allies and partners of the United States in the Asia- 
Pacific region and in the Middle East are making contributions 
to regional missile defense capabilities, including by hosting 
elements of missile defense systems of the United States on 
their territories; jointly developing missile defense capabilities; 
and cooperating in regional missile defense architectures. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report 
describing the status and progress of regional missile defense 
programs and efforts. 
(2) ELEMENTS OF REPORT.—The report required by para-
graph (1) shall include the following: 
(A) An assessment of the adequacy of the existing 
and planned European Phased Adaptive Approach to pro-
vide force protection for forward-deployed forces of the 
United States in Europe against ballistic missile threats 
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126 STAT. 1682 
PUBLIC LAW 112–239—JAN. 2, 2013 
from Iran, and an assessment whether adequate force 
protection would be available absent the European Phased 
Adaptive Approach, given current and planned Patriot, Ter-
minal High Altitude Area Defense, and Aegis ballistic mis-
sile defense capability. 
(B) A description of the progress made in the develop-
ment and testing of elements of systems intended for 
deployment in Phases 2 through 4 of the European Phased 
Adaptive Approach, and an assessment of technical and 
schedule risks. 
(C) A description of the missile defense priorities and 
capability needs of the regional combatant commands, and 
the planned regional missile defense architectures derived 
from those capability needs and priorities. 
(D) A description of the global force management 
process used to evaluate the missile defense capability 
needs of the regional combatant commands and to deter-
mine the resource allocation and deployment outcomes 
among such commands. 
(E) A description of the missile defense command and 
control concepts and arrangements in place for United 
States and allied regional missile defense forces, and the 
missile defense partnerships and burden-sharing arrange-
ments in place between the United States and its allies 
and partners. 
(3) FORM.—The report required by paragraph (1) shall be 
submitted in unclassified form, but may include a classified 
annex. 
(c) COMPTROLLER GENERAL VIEWS.—The Comptroller General 
of the United States shall— 
(1) brief the congressional defense committees with the 
views of the Comptroller General on the report under subsection 
(b)(1) by not later than 60 days after the date on which the 
Secretary submits such report; and 
(2) submit to such committees a written report on such 
views as soon as practicable after the date of the briefing 
under paragraph (1). 
SEC. 230. NATO CONTRIBUTIONS TO MISSILE DEFENSE IN EUROPE. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on contributions 
of members of the North Atlantic Treaty Organization to missile 
defense in Europe. 
(b) ELEMENTS.—The report required under subsection (a) shall 
include a discussion of the full range of contributions made by 
members of NATO, individually and collectively, to missile defense 
in Europe, including the following: 
(1) Financial contributions to the development of the Active 
Layered Theater Ballistic Missile Defense command and control 
system or other NATO missile defense capabilities, including 
the European Phased Adaptive Approach. 
(2) National contributions of missile defense capabilities 
to NATO. 
(3) Agreements to host missile defense facilities in the 
territory of the member state. 
Deadline. 
Reports. 
Reports. 
Briefing. 
Deadline. 
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126 STAT. 1683 
PUBLIC LAW 112–239—JAN. 2, 2013 
(4) Contributions in the form of providing support, 
including security, for missile defense facilities in the territory 
of the member state. 
(5) Any other contributions being planned by members 
of NATO, including the modification of existing military sys-
tems to contribute to the missile defense capability of NATO. 
(6) A discussion of whether there are other opportunities 
for future contributions, financial and otherwise, to missile 
defense by members of NATO. 
(7) Any other matters the Secretary determines appro-
priate. 
(c) FORM OF REPORT.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include a classified 
annex. 
SEC. 231. REPORT ON TEST PLAN FOR THE GROUND-BASED MID-
COURSE DEFENSE SYSTEM. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the testing 
program for the ground-based midcourse defense element of the 
ballistic missile defense system. 
(b) ELEMENTS.—The report under subsection (a) shall include 
the following: 
(1) An explanation of testing options for the ground-based 
midcourse defense system if planned flight tests CTV–01 and 
FTG–06b do not demonstrate the successful correction to the 
problem that caused the failure of the capability enhancement– 
2 kill vehicle in flight test FTG–06a in December 2010, 
including additional testing of the capability enhancement– 
1 kill vehicle. 
(2) An assessment of the feasibility, advisability, and cost 
effectiveness (including the potential benefits, risks, and impact 
on the current test plan and integrated master test plan for 
the ground-based midcourse defense system) of adjusting the 
test plan of the ground-based midcourse defense system to 
accomplish, at an acceptable level of risk— 
(A) accelerating to fiscal year 2014 the date for testing 
such system using a capability enhancement–1 kill vehicle 
against an intercontinental ballistic missile-range target; 
and 
(B) increasing the pace of the flight testing of such 
system to a rate of three tests every two years. 
(3) If the Secretary determines that either option described 
in subparagraph (A) or (B) of paragraph (2) would be feasible, 
advisable, and cost effective, a discussion of whether increased 
funding beyond the funding requested in the budget for fiscal 
year 2013 is required to carry out such options and, if so, 
what level of increased funding would be necessary to carry 
out each such option. 
(4) Any additional matters the Secretary determines appro-
priate. 
(c) DOT&E VIEWS.—The Secretary shall include an appendix 
to the report under subsection (a) that contains the views of the 
Director of Operational Test and Evaluation regarding the contents 
of the report. 
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126 STAT. 1684 
PUBLIC LAW 112–239—JAN. 2, 2013 
(d) FORM.—The report under subsection (a) shall be submitted 
in unclassified form, but may include a classified annex. 
(e) COMPTROLLER GENERAL VIEWS.—The Comptroller General 
of the United States shall— 
(1) brief the congressional defense committees concerning 
the views of the Comptroller General on the report required 
under subsection (a) by not later than 60 days after the date 
on which the Secretary submits such report; and 
(2) submit to such committees a written report on such 
views as soon as practicable after the date of the briefing 
under paragraph (1). 
SEC. 232. SENSE OF CONGRESS ON MISSILE DEFENSE. 
(a) FINDINGS.—Congress finds the following: 
(1) In a December 18, 2010, letter to the Senate leadership, 
President Obama wrote that the North Atlantic Treaty 
Organization (NATO) ‘‘invited the Russian Federation to 
cooperate on missile defense, which could lead to adding Rus-
sian capabilities to those deployed by NATO to enhance our 
common security against common threats. The Lisbon Summit 
thus demonstrated that the Alliance’s missile defenses can be 
strengthened by improving NATO-Russian relations. This 
comes even as we have made it clear that the system we 
intend to pursue with Russia will not be a joint system, and 
it will not in any way limit United States’ or NATO’s missile 
defense capabilities.’’. 
(2) In a February 2, 2011, message to the Senate concerning 
its December 22, 2010, Resolution of Advice and Consent to 
Ratification of the New START Treaty, President Obama cer-
tified that ‘‘It is the policy of the United States to continue 
development and deployment of United States missile defense 
systems to defend against missile threats from nations such 
as North Korea and Iran, including qualitative and quantitative 
improvements to such systems. As stated in the Resolution, 
such systems include all phases of the Phased Adaptive 
Approach to missile defense in Europe, the modernization of 
the Ground-based Midcourse Defense system, and the continued 
development of the two-stage Ground-Based Interceptor as a 
technological and strategic hedge.’’. 
(3) In a letter dated December 13, 2011, to Senator Mark 
Kirk, Robert Nabors, Assistant to the President and Director 
of the Office of Legislative Affairs, wrote that ‘‘The United 
States remains committed to implementing the European 
Phased Adaptive Approach to missile defense, and will not 
agree to any constraints limiting the development or deploy-
ment of United States missile defenses’’ and ‘‘[w]e will not 
provide Russia with sensitive information about our missile 
defense systems that would in any way compromise our national 
security. For example, hit-to-kill technology and interceptor 
telemetry will under no circumstances be provided to Russia.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) pursuant to section 2 of the National Missile Defense 
Act of 1999 (Public Law 106–38; 113 Stat. 205; 10 U.S.C. 
2431 note), it is the policy of the United States ‘‘to deploy 
as soon as is technologically possible an effective National 
Missile Defense system capable of defending the territory of 
Briefing. 
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126 STAT. 1685 
PUBLIC LAW 112–239—JAN. 2, 2013 
the United States against limited ballistic missile attack 
(whether accidental, unauthorized, or deliberate)...’’; 
(2) defenses against ballistic missiles are essential for new 
deterrent strategies and for new strategies should deterrence 
fail; 
(3) further limitations on the missile defense capabilities 
of the United States are not in the national security interest 
of the United States; 
(4) the New Start Treaty and the April 7, 2010, unilateral 
statement of the Russian Federation on missile defense do 
not limit in any way, and shall not be interpreted as limiting, 
activities that the Federal Government of the United States 
currently plans or that might be required over the duration 
of the New START Treaty to protect the United States pursuant 
to the National Missile Defense Act of 1999, or to protect 
the Armed Forces of the United States and allies of the United 
States from limited ballistic missile attack, including further 
planned enhancements to the Ground-based Midcourse Defense 
system and all phases of the Phased Adaptive Approach to 
missile defense in Europe; 
(5) it was the Understanding of the Senate in its December 
22, 2010, Resolution of Advice and Consent to Ratification 
of the New START Treaty that, ‘‘any additional New START 
Treaty limitations on the deployment of missile defenses beyond 
those contained in paragraph 3 of Article V, including any 
limitations agreed under the auspices of the Bilateral Consult-
ative Commission, would require an amendment to the New 
START Treaty which may enter into force for the United States 
only with the advice and consent of the Senate, as set forth 
in Article II, section 2, clause 2 of the Constitution of the 
United States’’; and 
(6) section 303(b) of the Arms Control and Disarmament 
Act (22 U.S.C. 2573(b)) requires that ‘‘no action shall be taken 
pursuant to this or any other Act that would obligate the 
United States to reduce or limit the Armed Forces or 
armaments of the United States in a militarily significant 
manner, except pursuant to the treaty-making power of the 
President set forth in Article II, Section 2, Clause 2 of the 
Constitution.’’. 
(c) NEW START TREATY DEFINED.—In this section, the term 
‘‘New START Treaty’’ means the Treaty between the United States 
of America and the Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive Arms, signed on 
April 8, 2010, and entered into force on February 5, 2011. 
SEC. 233. SENSE OF CONGRESS ON THE SUBMITTAL TO CONGRESS 
OF THE HOMELAND DEFENSE HEDGING POLICY AND 
STRATEGY REPORT OF THE SECRETARY OF DEFENSE. 
It is the sense of the Congress that— 
(1) the homeland defense hedging policy and strategy report 
required by section 233 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1340) 
is necessary to inform Congress on options to protect the United 
States homeland against the evolving ballistic missile threat, 
including potential options prior to the deployment of Phase 
4 of the European Phased Adaptive Approach to missile defense; 
and 
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126 STAT. 1686 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) the Secretary of Defense should comply with the require-
ments of such section 233 by submitting the homeland defense 
hedging policy and strategy report to Congress. 
Subtitle D—Reports 
SEC. 241. MISSION PACKAGES FOR THE LITTORAL COMBAT SHIP. 
(a) REPORT REQUIRED.—Not later than March 1, 2013, the 
Secretary of the Navy shall, in consultation with the Director of 
Operational Test and Evaluation, submit to the congressional 
defense committees a report on the mine countermeasures warfare, 
antisubmarine warfare, and surface warfare mission packages for 
the Littoral Combat Ship. 
(b) ELEMENTS.—The report required by subsection (a) shall 
set forth the following: 
(1) A plan for the mission packages demonstrating that 
preliminary design review for every capability increment pre-
cedes Milestone B or equivalent approval for that increment. 
(2) A plan for demonstrating that the capability increment 
for each mission package, combined with a Littoral Combat 
Ship, on the basis of a preliminary design review and post- 
preliminary design review assessment, will achieve the capa-
bility specified for that increment. 
(3) A plan for demonstrating the survivability and lethality 
of the Littoral Combat Ship with its mission packages suffi-
ciently early in the development phase of the system to mini-
mize costs of concurrency. 
SEC. 242. STUDY ON ELECTRONIC WARFARE CAPABILITIES OF THE 
MARINE CORPS. 
(a) STUDY.—The Commandant of the Marine Corps shall con-
duct a study on the future capabilities of the Marine Corps with 
respect to electronic warfare. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Commandant shall submit 
to the congressional defense committees a report on the study 
conducted under subsection (a). 
(2) MATTERS INCLUDED.—The report under paragraph (1) 
shall include the following: 
(A) A detailed plan for the disposition of EA–6B 
Prowler aircraft squadrons. 
(B) A solution for the replacement of the capability 
provided by such aircraft. 
(C) Concepts of operation for future air-ground task 
force electronic warfare capabilities of the Marine Corps. 
(D) Any other issues that the Commandant determines 
appropriate. 
SEC. 243. CONDITIONAL REQUIREMENT FOR REPORT ON AMPHIBIOUS 
ASSAULT VEHICLES FOR THE MARINE CORPS. 
(a) IN GENERAL.—If the ongoing Marine Corps ground combat 
vehicle fleet mix study recommends the acquisition of a separate 
Marine Personnel Carrier, the Secretary of the Navy and the Com-
mandant of the Marine Corps shall jointly submit to the congres-
sional defense committees a report that includes the following: 
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126 STAT. 1687 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) A detailed description of the capability gaps that Marine 
Personnel Carriers are intended to mitigate and the capabilities 
that the Marine Personnel Carrier will be required to have 
to mitigate such gaps, and an assessment whether, and to 
what extent, Amphibious Combat Vehicles could mitigate such 
gaps. 
(2) A detailed explanation of the role of the Marine Per-
sonnel Carriers in the operations of the Marine Corps, as 
well as a comparative estimate of the acquisition and life- 
cycle costs of— 
(A) a fleet consisting of both Amphibious Combat 
Vehicles and Marine Personnel Carriers; and 
(B) a fleet consisting of only Amphibious Combat 
Vehicles. 
(b) SUBMITTAL DATE.—If required, the report under subsection 
(a) shall be submitted not later than the later of— 
(1) the date that is 60 days after the date of the completion 
of the study referred to in subsection (a); or 
(2) February 1, 2013. 
SEC. 244. REPORT ON CYBER AND INFORMATION TECHNOLOGY 
RESEARCH INVESTMENTS OF THE AIR FORCE. 
(a) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Air Force shall submit 
to the congressional defense committees a report detailing the 
investment strategy of the Air Force with respect to the spectrum 
of— 
(1) cyber science and technology; 
(2) autonomy, command and control, and decision support 
technologies; 
(3) connectivity and dissemination technologies; and 
(4) processing and exploitation technologies. 
(b) ELEMENTS.—The report under subsection (a) shall include 
the following: 
(1) An identification of the near-, mid-, and far-term science 
and technology priorities of the Air Force with respect to cyber 
and 
information-related 
technologies 
and 
the 
resources 
(including both funding and personnel) projected to address 
these priorities. 
(2) A strategy to transition the results of the science and 
technology priorities described in paragraph (1) into weapon 
systems, including cyber tools. 
(3) A description of how the Air Force will recruit, train, 
and retain a highly skilled workforce in cyber and information- 
related technologies, including the use of the authorities 
granted under the laboratory demonstration program estab-
lished by section 342 of the National Defense Authorization 
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721), 
as most recently amended by section 1114 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 
2001 (Public Law 106–398; 114 Stat. 1654A–315). 
(4) A description of laboratory infrastructure and research 
facilities, including the Air Force Institute of Technology, that 
are necessary for the accomplishment of the science and tech-
nology priorities described in paragraph (1). 
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126 STAT. 1688 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 245. NATIONAL RESEARCH COUNCIL REVIEW OF DEFENSE 
SCIENCE AND TECHNICAL GRADUATE EDUCATION NEEDS. 
(a) REVIEW.—The Secretary of Defense shall enter into an 
agreement with the National Research Council to conduct a review 
of specialized degree-granting graduate programs of the Department 
of Defense in science, technology, engineering, mathematics, and 
management. 
(b) MATTERS INCLUDED.—At a minimum, the review under sub-
section (a) shall address— 
(1) the need by the Department of Defense and the military 
departments for military and civilian personnel with advanced 
degrees in science, technology, engineering, mathematics, and 
management, including a list of the numbers of such personnel 
needed by discipline; 
(2) an analysis of the sources by which the Department 
of Defense and the military departments obtain military and 
civilian personnel with such advanced degrees; 
(3) the need for educational institutions under the Depart-
ment of Defense to meet the needs identified in paragraph 
(1); 
(4) the costs and benefits of maintaining such educational 
institutions, including costs relating to in-house research; 
(5) the ability of private institutions or distance-learning 
programs to meet the needs identified in paragraph (1); 
(6) existing organizational structures, including reporting 
chains, within the military departments to manage the grad-
uate education needs of the Department of Defense and the 
military departments in the fields described in paragraph (1); 
and 
(7) recommendations for improving the ability of the 
Department of Defense to identify, manage, and source the 
graduate education needs of the Department in such fields. 
(c) REPORT.—Not later than 30 days after the date on which 
the review under subsection (a) is completed, the Secretary shall 
submit to the congressional defense committees a report on the 
results of such review. 
Subtitle E—Other Matters 
SEC. 251. ELIGIBILITY FOR DEPARTMENT OF DEFENSE LABORATORIES 
TO ENTER INTO EDUCATIONAL PARTNERSHIPS WITH EDU-
CATIONAL INSTITUTIONS IN TERRITORIES AND POSSES-
SIONS OF THE UNITED STATES. 
(a) ELIGIBILITY OF INSTITUTIONS IN TERRITORIES AND POSSES-
SIONS.—Section 2194(f) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(3) The term ‘United States’ includes the Commonwealth 
of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, and any other territory or possession of the United 
States.’’. 
(b) TECHNICAL AMENDMENT.—Paragraph (2) of such section 
is amended by inserting ‘‘(20 U.S.C. 7801)’’ before the period. 
SEC. 252. REGIONAL ADVANCED TECHNOLOGY CLUSTERS. 
(a) DEVELOPMENT OF INNOVATIVE ADVANCED TECHNOLOGIES.— 
The Secretary of Defense may use the research and engineering 
10 USC 2358 
note. 
Definition. 
Contracts. 
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126 STAT. 1689 
PUBLIC LAW 112–239—JAN. 2, 2013 
network of the Department of Defense, including the organic indus-
trial base, to support regional advanced technology clusters estab-
lished by the Secretary of Commerce to encourage the development 
of innovative advanced technologies to address national security 
and homeland defense challenges. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics shall submit to the appropriate 
congressional committees a report describing— 
(1) the participation of the Department of Defense in 
regional advanced technology clusters, including the number 
of— 
(A) clusters supported; 
(B) technologies developed and transitioned to acquisi-
tion programs; 
(C) products commercialized; 
(D) small businesses trained; 
(E) companies started; and 
(F) research and development facilities shared; 
(2) implementation by the Department of processes and 
tools to facilitate collaboration with the clusters; 
(3) agreements established by the Department with the 
Department of Commerce to jointly support the continued 
growth of the clusters; 
(4) methods to evaluate the effectiveness of technology 
cluster policies; 
(5) any additional required authorities and any impedi-
ments to supporting regional advanced technology clusters; and 
(6) the use of any agreements entered into under the Inter-
governmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.) 
and any access granted to facilities of the Department of 
Defense for research and development purposes. 
(c) COLLABORATION.—The Secretary of Defense may meet, 
collaborate, and share resources with other Federal agencies for 
purposes of assisting in the use and appropriate growth of regional 
advanced technology clusters under this section. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ 
means— 
(A) the congressional defense committees; 
(B) the Committee on Commerce, Science, and 
Transportation of the Senate; and 
(C) the Committee on Energy and Commerce of the 
House of Representatives. 
(2) The term ‘‘regional advanced technology clusters’’ means 
geographic centers focused on building science and technology- 
based innovation capacity in areas of local and regional strength 
to foster economic growth and improve quality of life. 
SEC. 253. SENSE OF CONGRESS ON INCREASING THE COST-EFFECTIVE-
NESS OF TRAINING EXERCISES FOR MEMBERS OF THE 
ARMED FORCES. 
It is the sense of Congress that— 
(1) modeling and simulation will continue to play a critical 
role in the training of the members of the Armed Forces; 
(2) while increased modeling and simulation has reduced 
overall costs of training of members of the Armed Forces, 
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126 STAT. 1690 
PUBLIC LAW 112–239—JAN. 2, 2013 
there are still significant costs associated with the human 
resources required to execute certain training exercises where 
role-playing actors for certain characters such as opposing 
forces, the civilian populace, other government agencies, and 
non-governmental organizations are required; 
(3) technological advances in areas such as varying levels 
of autonomy for systems, multi-player gaming techniques, and 
artificial intelligence could reduce the number of personnel 
required to support certain training exercises for members of 
the Armed Forces, and thereby reduce the overall cost of the 
exercises; and 
(4) the Secretary of Defense should develop a plan to 
increase the use of emerging technologies in autonomous sys-
tems, the commercial gaming sector, and artificial intelligence 
for training exercises for members of the Armed Forces to 
increase training effectiveness and reduce costs. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Energy and Environment 
Sec. 311. Training range sustainment plan and training range inventory. 
Sec. 312. Authority of Secretary of a military department to enter into cooperative 
agreements with Indian tribes for land management associated with 
military installations and State-owned National Guard installations. 
Sec. 313. Department of Defense guidance on environmental exposures at military 
installations and briefing regarding environmental exposures to mem-
bers of the Armed Forces. 
Sec. 314. Report on status of targets in implementation plan for operational energy 
strategy. 
Sec. 315. Limitation on obligation of Department of Defense funds from Defense 
Production Act of 1950 for biofuel refinery construction. 
Sec. 316. Sense of Congress on protection of Department of Defense airfields, train-
ing airspace, and air training routes. 
Subtitle C—Logistics and Sustainment 
Sec. 321. Expansion and reauthorization of multi-trades demonstration project. 
Sec. 322. Restoration and amendment of certain provisions relating to depot-level 
maintenance and core logistics capabilities. 
Sec. 323. Rating chains for system program managers. 
Subtitle D—Readiness 
Sec. 331. Intergovernmental support agreements with State and local governments. 
Sec. 332. Expansion and reauthorization of pilot program for availability of work-
ing-capital funds for product improvements. 
Sec. 333. Department of Defense national strategic ports study and Comptroller 
General studies and reports on strategic ports. 
Subtitle E—Reports 
Sec. 341. Annual report on Department of Defense long-term corrosion strategy. 
Sec. 342. Report on joint strategy for readiness and training in a C4ISR-denied en-
vironment. 
Sec. 343. Comptroller General review of annual Department of Defense report on 
prepositioned materiel and equipment. 
Sec. 344. Modification of report on maintenance and repair of vessels in foreign 
shipyards. 
Sec. 345. Extension of deadline for Comptroller General report on Department of 
Defense service contract inventory. 
Subtitle F—Limitations and Extension of Authority 
Sec. 351. Repeal of redundant authority to ensure interoperability of law enforce-
ment and emergency responder training. 
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126 STAT. 1691 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 352. Aerospace control alert mission. 
Sec. 353. Limitation on authorization of appropriations for the National Museum of 
the United States Army. 
Sec. 354. Limitation on availability of funds for retirement or inactivation of Ticon-
deroga class cruisers or dock landing ships. 
Sec. 355. Renewal of expired prohibition on return of veterans memorial objects 
without specific authorization in law. 
Subtitle G—National Commission on the Structure of the Air Force 
Sec. 361. Short title. 
Sec. 362. Establishment of Commission. 
Sec. 363. Duties of the Commission. 
Sec. 364. Powers of the Commission. 
Sec. 365. Commission personnel matters. 
Sec. 366. Termination of the Commission. 
Sec. 367. Funding. 
Subtitle H—Other Matters 
Sec. 371. Military working dog matters. 
Sec. 372. Comptroller General review of handling, labeling, and packaging proce-
dures for hazardous material shipments. 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fiscal year 
2013 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance, as specified in the 
funding table in section 4301. 
Subtitle B—Energy and Environment 
SEC. 311. TRAINING RANGE SUSTAINMENT PLAN AND TRAINING 
RANGE INVENTORY. 
Section 366 of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2522; 
10 U.S.C. 113 note), as most recently amended by section 348 
of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364; 120 Stat. 2159), is amended— 
(1) in subsection (a)(5), by striking ‘‘each of fiscal years 
2005 through 2013’’ and inserting ‘‘each fiscal year through 
fiscal year 2018’’; and 
(2) in subsection (c)(2), by striking ‘‘fiscal years 2005 
through 2013’’ and inserting ‘‘each fiscal year through fiscal 
year 2018’’. 
SEC. 312. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT 
TO ENTER INTO COOPERATIVE AGREEMENTS WITH INDIAN 
TRIBES FOR LAND MANAGEMENT ASSOCIATED WITH MILI-
TARY 
INSTALLATIONS 
AND 
STATE-OWNED 
NATIONAL 
GUARD INSTALLATIONS. 
(a) INCLUSION OF INDIAN TRIBES.—Section 103A(a) of the Sikes 
Act (16 U.S.C. 670c–1(a)) is amended in the matter preceding para-
graph (1) by inserting ‘‘Indian tribes,’’ after ‘‘local governments,’’. 
(b) INDIAN TRIBE DEFINED.—Section 100 of such Act (16 U.S.C. 
670) is amended by adding at the end the following new paragraph: 
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126 STAT. 1692 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(6) INDIAN
TRIBE.—The term ‘Indian tribe’ means any 
Indian tribe, band, nation, or other organized group or commu-
nity, including any Alaska Native village or regional or village 
corporation as defined in or established pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which 
is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their 
status as Indians.’’. 
SEC. 313. DEPARTMENT OF DEFENSE GUIDANCE ON ENVIRONMENTAL 
EXPOSURES AT MILITARY INSTALLATIONS AND BRIEFING 
REGARDING ENVIRONMENTAL EXPOSURES TO MEMBERS 
OF THE ARMED FORCES. 
(a) ISSUANCE OF GUIDANCE REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
issue guidance to the military departments and appropriate 
defense agencies regarding environmental exposures on mili-
tary installations. 
(2) ELEMENTS.—The guidance issued pursuant to para-
graph (1) shall address, at a minimum, the following: 
(A) The criteria for when and under what cir-
cumstances public health assessments by the Agency for 
Toxic Substances and Disease Registry must be requested 
in connection with environmental contamination at military 
installations, including past incidents of environmental 
contamination. 
(B) The procedures to be used to track and document 
the status and nature of responses to the findings and 
recommendations of the public health assessments of the 
Agency of Toxic Substances and Disease Registry that 
involve contamination at military installations. 
(C) The appropriate actions to be undertaken to assess 
significant long-term health risks from past environmental 
exposures to military personnel and civilian individuals 
from living or working on military installations. 
(3) SUBMISSION.—Not later than 30 days after the issuance 
of the guidance required by paragraph (1), the Secretary of 
Defense shall transmit to the congressional defense committees 
a copy of the guidance. 
(b) BRIEFING REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
provide a briefing to the congressional defense committees 
regarding materiel solutions that would measure environmental 
exposures to members of the Armed Forces while in contingency 
operations. 
(2) ELEMENTS.—The briefing required by paragraph (1) 
shall include, at a minimum, the following: 
(A) Relevant materiel solutions in development or 
commercially available that would facilitate the identifica-
tion of members of the Armed Forces who have individual 
exposures to environmental hazards, including burn pits, 
dust or sand, hazardous materials, and waste. 
(B) A timeline, and estimated cost, of developing and 
deploying the materiel solutions described in subparagraph 
(A). 
Records. 
10 USC 1074 
note. 
Deadlines. 
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126 STAT. 1693 
PUBLIC LAW 112–239—JAN. 2, 2013 
(C) Identification of the Department of Defense’s 
process, and any systems, that collect and maintain expo-
sure data and a description of how the Department of 
Defense could integrate data from the materiel solutions 
described in subparagraph (A) into those systems. 
(D) An update regarding the sharing of environmental 
exposure data with the Secretary of Veterans Affairs for 
use in medical and treatment records of veterans, including 
how the materiel solutions described in subparagraph (A) 
can be used in determining the service-connectedness of 
health conditions and in identifying possible origins and 
causes of disease. 
SEC. 314. REPORT ON STATUS OF TARGETS IN IMPLEMENTATION PLAN 
FOR OPERATIONAL ENERGY STRATEGY. 
(a) REPORT REQUIRED.—If the annual report for fiscal year 
2011 required by section 2925(b) of title 10, United States Code, 
is not submitted to the congressional defense committees by 
December 31, 2012, the Secretary of Defense shall submit, not 
later than June 30, 2013, to the congressional defense committees 
a report on the status of the targets established in the implementa-
tion plan for the operational energy strategy established pursuant 
to section 139b of such title, as contained in the document entitled 
‘‘Operational Energy Strategy: Implementation Plan, Department 
of Defense, March 2012’’. 
(b) ELEMENTS OF REPORT.—The report required by subsection 
(a) shall describe, at a minimum, the following: 
(1) The status of each of the targets listed in the 
implementation plan. 
(2) The steps being taken to meet the targets. 
(3) The expected date of completion for each target, if 
the date is different from the date indicated in the implementa-
tion plan. 
(4) The reason for any delays in meeting the targets. 
SEC. 315. LIMITATION ON OBLIGATION OF DEPARTMENT OF DEFENSE 
FUNDS FROM DEFENSE PRODUCTION ACT OF 1950 FOR 
BIOFUEL REFINERY CONSTRUCTION. 
Amounts made available to the Department of Defense pursu-
ant to the Defense Production Act of 1950 (50 U.S.C. App. 2061 
et seq.) for fiscal year 2013 for biofuels production may not be 
obligated or expended for the construction of a biofuel refinery 
until the Department of Defense receives matching contributions 
from the Department of Energy and equivalent contributions from 
the Department of Agriculture for the same purpose. 
SEC. 316. SENSE OF CONGRESS ON PROTECTION OF DEPARTMENT 
OF DEFENSE AIRFIELDS, TRAINING AIRSPACE, AND AIR 
TRAINING ROUTES. 
It is the sense of Congress that— 
(1) Department of Defense airfields, training airspace, and 
air training routes are critical national assets that must be 
protected from encroachment or mission degradations to the 
maximum extent practicable; 
(2) placement or emplacement of obstructions near or on 
Department of Defense airfields, training airspace, or air 
training routes has the potential of increasing risk to military 
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126 STAT. 1694 
PUBLIC LAW 112–239—JAN. 2, 2013 
aircraft and personnel as well as impacting training and readi-
ness; and 
(3) in the context of a Department of Defense operational 
risk assessment and the Department of Defense Siting 
Clearinghouse, the Department of Defense should develop and 
promulgate comprehensive guidance to assess the degree to 
which the potential encroachment of a project significantly 
impairs or degrades the capability of the Department to conduct 
missions or maintain readiness to the extent of presenting 
an unacceptable risk to national security with strong consider-
ation given to the input provided by the military services. 
Subtitle C—Logistics and Sustainment 
SEC. 321. EXPANSION AND REAUTHORIZATION OF MULTI-TRADES DEM-
ONSTRATION PROJECT. 
(a) EXPANSION.—Section 338 of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 
5013 note), as most recently amended by section 329 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 67), is amended— 
(1) by striking subsection (a) and inserting the following 
new subsection: 
‘‘(a) DEMONSTRATION
PROJECT
AUTHORIZED.—In accordance 
with subsection 4703 of title 5, United States Code, the Secretary 
of a military department may carry out a demonstration project 
at facilities described in subsection (b) under which workers who 
are certified at the journey level as able to perform multiple trades 
shall be promoted by one grade level.’’; and 
(2) in subsection (b), by striking ‘‘Logistics Center, Navy 
Fleet Readiness Center,’’ and inserting ‘‘Logistics Complex, 
Navy Fleet Readiness Center, Navy shipyard, Marine Corps 
Logistics Base,’’. 
(b) REAUTHORIZATION.—Such section is further amended— 
(1) in subsection (d), by striking ‘‘2013’’ and inserting 
‘‘2018’’; and 
(2) in subsection (e), by striking ‘‘2014’’ and inserting 
‘‘2019’’. 
SEC. 322. RESTORATION AND AMENDMENT OF CERTAIN PROVISIONS 
RELATING TO DEPOT-LEVEL MAINTENANCE AND CORE 
LOGISTICS CAPABILITIES. 
(a) REPEAL.—The following provisions of law are hereby 
repealed: 
(1) Section 2460 of title 10, United States Code (as amended 
by section 321 of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81)). 
(2) Section 2464 of title 10, United States Code (as amended 
by section 327 of the National Defense Authorization Act for 
Fiscal Year 2012). 
(b) REVIVAL OF SUPERSEDED PROVISIONS.— 
(1) 
DEFINITION
OF
DEPOT-LEVEL
MAINTENANCE
AND 
REPAIR.—The provisions of section 2460 of title 10, United 
States Code, as in effect on December 30, 2011 (the day before 
the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2012), are hereby revived. 
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126 STAT. 1695 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) CORE LOGISTICS CAPABILITIES.—(A) The provisions of 
section 2464 of 10, United States Code, as in effect on that 
date, are hereby revived. 
(B) The table of sections at the beginning of chapter 146 
of such title is amended by striking the item relating to section 
2464 and inserting the following new item: 
‘‘2464. Core logistics capabilities.’’. 
(c) AMENDMENT TO DEFINITION OF DEPOT-LEVEL MAINTENANCE 
AND REPAIR.—Subsection (b) of section 2460 of title 10, United 
States Code, as revived by subsection (b), is amended by striking 
‘‘or the nuclear refueling of an aircraft carrier’’ and inserting ‘‘or 
the nuclear refueling or defueling of an aircraft carrier and any 
concurrent complex overhaul’’. 
(d) BIENNIAL CORE REPORT.—Section 2464 of such title, as 
revived by subsection (b), is amended by adding at the end the 
following new subsections: 
‘‘(d) BIENNIAL CORE REPORT.—Not later than April 1 of each 
even-numbered year, the Secretary of Defense shall submit to Con-
gress a report identifying, for each of the armed forces (except 
for the Coast Guard), for the fiscal year after the fiscal year during 
which the report is submitted, each of the following: 
‘‘(1) The core depot-level maintenance and repair capability 
requirements and sustaining workloads, organized by work 
breakdown structure, expressed in direct labor hours. 
‘‘(2) The corresponding workloads necessary to sustain core 
depot-level maintenance and repair capability requirements, 
expressed in direct labor hours and cost. 
‘‘(3) In any case where core depot-level maintenance and 
repair capability requirements exceed or are expected to exceed 
sustaining workloads, a detailed rationale for any and all short-
falls and a plan either to correct or mitigate the effects of 
the shortfalls. 
‘‘(e) COMPTROLLER GENERAL REVIEW.—The Comptroller General 
of the United States shall review each report submitted under 
subsection (d) for completeness and compliance and shall submit 
to the congressional defense committees findings and recommenda-
tions with respect to the report by not later than 60 days after 
the date on which the report is submitted to Congress.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) Section 2366a of title 10, United States Code, is 
amended by striking ‘‘core depot-level maintenance and repair 
capabilities’’ each place it appears and inserting ‘‘core logistics 
capabilities’’. 
(2) Section 2366b(A)(3)(F) of title 10, United States Code, 
is amended by striking ‘‘core depot-level maintenance and 
repair capabilities, as well as the associated logistics capabili-
ties’’ and inserting ‘‘core logistics capabilities’’. 
(3) Section 801(c) of the National Defense Authorization 
Act for Fiscal Year 2012 (125 Stat. 1483; 10 U.S.C. 2366a 
note) is amended by striking ‘‘core depot-level maintenance 
and repair capabilities, as well as the associated logistics 
capabilities’’ and inserting ‘‘core logistics capabilities’’. 
(f) EFFECTIVE DATE.—This section and the amendments made 
by this section shall take effect on December 31, 2011, the date 
of the enactment of the National Defense Authorization Act for 
Fiscal Year 2012, immediately after the enactment of that Act. 
10 USC 2366a 
note. 
Recommenda- 
tions. 
Deadline. 
10 USC 
prec. 2460. 
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126 STAT. 1696 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 323. RATING CHAINS FOR SYSTEM PROGRAM MANAGERS. 
The Secretary of the Air Force, in managing system program 
management responsibilities for sustainment programs not assigned 
to a program executive officer or a direct reporting program man-
ager, shall comply with the Department of Defense Instructions 
regarding assignment of program responsibility. 
Subtitle D—Readiness 
SEC. 331. INTERGOVERNMENTAL SUPPORT AGREEMENTS WITH STATE 
AND LOCAL GOVERNMENTS. 
(a) AGREEMENTS AUTHORIZED.—Chapter 137 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
‘‘§ 2336. Intergovernmental support agreements with State 
and local governments 
‘‘(a) IN GENERAL.—(1) The Secretary concerned may enter into 
an intergovernmental support agreement with a State or local 
government to provide, receive, or share installation-support serv-
ices if the Secretary determines that the agreement will serve 
the best interests of the department by enhancing mission effective-
ness or creating efficiencies or economies of scale, including by 
reducing costs. 
‘‘(2) Notwithstanding any other provision of law, an intergovern-
mental support agreement under paragraph (1)— 
‘‘(A) may be entered into on a sole-source basis; 
‘‘(B) may be for a term not to exceed five years; and 
‘‘(C) may use, for installation-support services provided by 
a State or local government, wage grades normally paid by 
that State or local government. 
‘‘(3) An intergovernmental support agreement under paragraph 
(1) may only be used when the Secretary concerned or the State 
or local government, as the case may be, providing the installation- 
support services already provides such services for its own use. 
‘‘(b) EFFECT
ON
FIRST
RESPONDER
ARRANGEMENTS.—The 
authority provided by this section and limitations on the use of 
that authority are not intended to revoke, preclude, or otherwise 
interfere with existing or proposed mutual-aid agreements relating 
to police or fire protection services or other similar first responder 
agreements or arrangements. 
‘‘(c) AVAILABILITY OF FUNDS.—Funds available to the Secretary 
concerned for operation and maintenance may be used to pay for 
such installation-support services. The costs of agreements under 
this section for any fiscal year may be paid using annual appropria-
tions made available for that year. Funds received by the Secretary 
as reimbursement for providing installation-support services pursu-
ant to such an agreement shall be credited to the appropriation 
or account charged with providing installation support. 
‘‘(d) EFFECT ON OMB CIRCULAR A-76.— The Secretary con-
cerned shall ensure that intergovernmental support agreements 
authorized by this section are not used to circumvent the require-
ments of Office of Management and Budget Circular A-76 regarding 
public-private competitions. 
‘‘(e) DEFINITIONS.—In this section: 
Determination. 
10 USC 2336. 
10 USC 8013 
note. 
Compliance. 
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126 STAT. 1697 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(1) The term ‘installation-support services’ means those 
services, supplies, resources, and support typically provided 
by a local government for its own needs and without regard 
to whether such services, supplies, resources, and support are 
provided to its residents generally, except that the term does 
not include security guard or fire-fighting functions. 
‘‘(2) The term ‘local government’ includes a county, parish, 
municipality, city, town, township, local public authority, school 
district, special district, and any agency or instrumentality 
of a local government. 
‘‘(3) The term ‘State’ includes the District of Columbia, 
the Commonwealths of Puerto Rico and the Northern Mariana 
Islands, American Samoa, Guam, and the United States Virgin 
Islands, and any agency or instrumentality of a State.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘2336. Intergovernmental support agreements with State and local governments.’’. 
SEC. 332. EXPANSION AND REAUTHORIZATION OF PILOT PROGRAM 
FOR AVAILABILITY OF WORKING-CAPITAL FUNDS FOR 
PRODUCT IMPROVEMENTS. 
(a) EXPANSION.—Section 330 of the National Defense Authoriza-
tion Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 68) 
is amended— 
(1) in subsection (a), by inserting ‘‘, the Secretary of the 
Navy, and the Secretary of the Air Force (in this section referred 
to as the ‘Secretary concerned’)’’ after ‘‘the Secretary of the 
Army’’; 
(2) in subsection (d)— 
(A) by inserting ‘‘by the Secretary concerned’’ after 
‘‘submitted’’; and 
(B) by inserting ‘‘by the Secretary concerned’’ after 
‘‘used’’; and 
(3) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘the Assistant Sec-
retary of the Army for Acquisition, Logistics, and Tech-
nology, in consultation with the Assistant Secretary of the 
Army for Financial Management and Comptroller,’’ and 
inserting ‘‘the Secretary concerned’’; and 
(B) in paragraph (2), by striking ‘‘the Assistant Sec-
retary of the Army for Acquisition, Logistics, and Tech-
nology’’ and inserting ‘‘the Secretary concerned’’. 
(b) COVERED PRODUCT IMPROVEMENTS.—Subsection (b) of such 
section is amended— 
(1) by inserting ‘‘retrofit, modernization, upgrade, or rebuild 
of a’’ before ‘‘component’’; and 
(2) by striking ‘‘reliability and maintainability’’ and 
inserting ‘‘reliability, availability, and maintainability’’. 
(c) LIMITATION ON CERTAIN PROJECTS.—Subsection (c)(1) of such 
section is amended by striking ‘‘performance envelope’’ and inserting 
‘‘capability’’. 
(d) REPORTING REQUIREMENT.—Subsection (e) of such section 
is amended— 
(1) in paragraph (2), by striking ‘‘2012’’ and inserting 
‘‘2017’’; and 
10 USC 
prec. 2301. 
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126 STAT. 1698 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) in paragraph (3), by striking ‘‘60 days’’ and inserting 
‘‘45 days’’. 
(e) EXTENSION.—Subsection (f) of such section, as amended 
by section 354 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1377), is further amended 
by striking ‘‘2014’’ and inserting ‘‘2018’’. 
(f) CLERICAL AMENDMENT.—The heading of such section is 
amended by striking ‘‘TO ARMY’’. 
SEC. 333. DEPARTMENT OF DEFENSE NATIONAL STRATEGIC PORTS 
STUDY 
AND 
COMPTROLLER 
GENERAL 
STUDIES 
AND 
REPORTS ON STRATEGIC PORTS. 
(a) SENSE OF CONGRESS ON COMPLETION OF DOD REPORT.— 
It is the sense of Congress that the Secretary of Defense should 
expedite completion of the study of strategic ports in the United 
States called for in the conference report to accompany the National 
Defense Authorization Act for Fiscal Year 2012 (Conference Report 
112–329) so that it can be submitted to Congress before December 
31, 2012. 
(b) COMPTROLLER GENERAL SUFFICIENCY REVIEW.— 
(1) SUBMISSION OF DOD REPORT.—In addition to submitting 
the report referred to in subsection (a) to Congress, the Sec-
retary of Defense shall submit the report to the Comptroller 
General of the United States. 
(2) SUFFICIENCY
REVIEW.—Not later than 90 days after 
receiving the report under paragraph (1), the Comptroller Gen-
eral shall— 
(A) conduct a sufficiency review of the report; and 
(B) submit to the congressional defense committees 
a report containing the results of the review. 
(c) COMPTROLLER GENERAL STUDY AND REPORT ON STRATEGIC 
PORTS.— 
(1) STUDY AND REPORT REQUIRED.—Not later than 270 days 
after the date of the enactment of this Act, the Comptroller 
General shall— 
(A) conduct a study of the programs and efforts of 
the Department of Defense related to the state of strategic 
ports with respect to the operational and readiness require-
ments of the Department; and 
(B) submit to the congressional defense committees 
a report containing the findings of the study. 
(2) ELEMENTS OF STUDY.—The study required by paragraph 
(1) shall include an assessment of— 
(A) the extent to which the facilities at strategic ports 
meet the requirements of the Department of Defense; 
(B) the extent to which the Department has identified 
gaps in the ability of existing strategic ports to meet its 
needs and identified and undertaken efforts to address 
any gaps; and 
(C) the ability of the Department to oversee, coordinate, 
and provide security for military deployments through stra-
tegic ports. 
(d) STRATEGIC PORT DEFINED.—In this section, the term ‘‘stra-
tegic port’’ means a United States port designated by the Secretary 
of Defense as a significant transportation hub important to the 
readiness and cargo throughput capacity of the Department of 
Defense. 
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126 STAT. 1699 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle E—Reports 
SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE LONG-TERM 
CORROSION STRATEGY. 
Section 2228(e) of title 10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B), by inserting ‘‘, including avail-
able validated data on return on investment for completed 
corrosion projects and activities’’ after ‘‘the strategy’’; 
(B) in subparagraph (E), by striking ‘‘For the fiscal 
year covered by the report and the preceding fiscal year’’ 
and inserting ‘‘For the fiscal year preceding the fiscal year 
covered by the report’’; and 
(C) by inserting at the end the following new subpara-
graph: 
‘‘(F) For the fiscal year preceding the fiscal year covered 
by the report, a description of the specific amount of funds 
used for military corrosion projects, the Technical Corrosion 
Collaboration pilot program, and other corrosion-related activi-
ties.’’; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraph (3) as paragraph (2). 
SEC. 342. REPORT ON JOINT STRATEGY FOR READINESS AND 
TRAINING IN A C4ISR-DENIED ENVIRONMENT. 
(a) REPORT REQUIRED.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense, in consulta-
tion with the Chairman of the Joint Chiefs of Staff, shall submit 
to Congress a report on the readiness of the joint force to conduct 
operations in environments where there is no access to Command, 
Control, Communications, Computers, Intelligence, Surveillance, 
and Reconnaissance (in this section referred to as ‘‘C4ISR’’) systems, 
including satellite communications, classified Internet protocol- 
based networks, and the Global Positioning System (in this section 
referred to as ‘‘GPS’’). 
(b) CONTENTS OF REPORT.—The report required by subsection 
(a) shall include a description of the steps taken and planned 
to be taken— 
(1) to identify likely threats to the C4ISR systems of the 
United States, including both weapons and those states with 
such capabilities as well as the most likely areas in which 
C4ISR systems could be at risk; 
(2) to identify vulnerabilities to the C4ISR systems of the 
United States that could result in a C4ISR-denied environment; 
(3) to determine how the Armed Forces should respond 
in order to reconstitute C4ISR systems, prevent further denial 
of C4ISR systems, and develop counter-attack capabilities; 
(4) to determine which types of joint operations could be 
feasible in an environment in which access to C4ISR systems 
is restricted or denied; 
(5) to conduct training and exercises for sustaining combat 
and logistics operations in C4ISR-denied environments; and 
(6) to propose changes to current tactics, techniques, and 
procedures to prepare to operate in an environment in which 
C4ISR systems are degraded or denied for 48-hour, 7-day, 30- 
day, or 60-day periods. 
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126 STAT. 1700 
PUBLIC LAW 112–239—JAN. 2, 2013 
(c) JOINT EXERCISE PLAN REQUIRED.—Based on the findings 
of the report required by subsection (a), the Chairman of the Joint 
Chiefs of Staff shall develop a roadmap and joint exercise plan 
for the joint force to operate in an environment where access to 
C4ISR systems, including satellite communications, classified Inter-
net protocol-based networks, and the GPS network, is denied. The 
plan and joint exercise program shall include— 
(1) the development of alternatives to satellite communica-
tions, classified Internet protocol-based networks, and GPS for 
logistics, intelligence, surveillance, reconnaissance, and combat 
operations; and 
(2) methods to mitigate dependency on satellite communica-
tions, classified Internet protocol-based networks, and GPS; 
(3) methods to protect vulnerable satellite communications, 
classified Internet protocol-based networks, and GPS; and 
(4) a joint exercise and training plan to include fleet battle 
experiments, to enable the force to operate in a satellite commu-
nications, Internet protocol-based network, and GPS-denied 
environment. 
(d) FORM OF REPORT.—The report required to be submitted 
by subsection (a) shall be submitted in unclassified form, but may 
include a classified annex. 
SEC. 343. COMPTROLLER GENERAL REVIEW OF ANNUAL DEPARTMENT 
OF DEFENSE REPORT ON PREPOSITIONED MATERIEL AND 
EQUIPMENT. 
Section 2229a(b)(1) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘By not later than 120 days after the date 
on which a report is submitted under subsection (a), the’’ and 
inserting ‘‘The’’; and 
(2) by striking ‘‘the report’’ and inserting ‘‘each report sub-
mitted under subsection (a)’’. 
SEC. 344. MODIFICATION OF REPORT ON MAINTENANCE AND REPAIR 
OF VESSELS IN FOREIGN SHIPYARDS. 
Section 7310(c) of title 10, United States Code, is amended— 
(1) in paragraph (3)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘The report’’ and inserting the following: ‘‘Except 
as provided in paragraph (4), the report’’; and 
(B) in subparagraph (A), by inserting after ‘‘justifica-
tion under law’’ the following: ‘‘and operational justifica-
tion’’; 
(2) by redesignating paragraph (4) as paragraph (5); 
(3) by inserting after paragraph (3) the following new para-
graph (4): 
‘‘(4) In the case of a covered vessel described in subpara-
graph (C) of paragraph (5), the report shall not be required 
to include the information described in subparagraphs (A), (E), 
(F), (G), and (I) of paragraph (3).’’; and 
(4) in paragraph (5), as redesignated by paragraph (2) 
of this section, by adding at the end the following new subpara-
graph: 
‘‘(C) A vessel not described in subparagraph (A) or (B) 
that is operated pursuant to a contract entered into by the 
Secretary of the Navy and the Maritime Administration or 
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126 STAT. 1701 
PUBLIC LAW 112–239—JAN. 2, 2013 
the United States Transportation Command in support of 
Department of Defense operations.’’. 
SEC. 345. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL 
REPORT ON DEPARTMENT OF DEFENSE SERVICE CON-
TRACT INVENTORY. 
Section 803(c) of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2402) is amended 
by striking ‘‘180 days’’ and inserting ‘‘270 days’’. 
Subtitle F—Limitations and Extension of 
Authority 
SEC. 351. REPEAL OF REDUNDANT AUTHORITY TO ENSURE INTER-
OPERABILITY OF LAW ENFORCEMENT AND EMERGENCY 
RESPONDER TRAINING. 
Section 372 of title 10, United States Code, is amended— 
(1) by striking ‘‘(a) IN GENERAL.—’’; and 
(2) by striking subsection (b). 
SEC. 352. AEROSPACE CONTROL ALERT MISSION. 
(a) CONSOLIDATED BUDGET EXHIBIT.—The Secretary of Defense 
shall establish a consolidated budget justification display that fully 
identifies the baseline aerospace control alert budget for each of 
the military services and encompasses all programs and activities 
of the aerospace control alert mission for each of the following 
functions: 
(1) Procurement. 
(2) Operation and maintenance. 
(3) Research, development, testing, and evaluation. 
(4) Military construction. 
(b) REPORT.— 
(1) REPORT TO CONGRESS.—Not later than April 1, 2013, 
the Secretary of Defense shall submit to the congressional 
defense committees a report that provides a cost-benefit anal-
ysis and risk-based assessment of the aerospace control alert 
mission as it relates to expected future changes to the budget 
and force structure of such mission. 
(2) COMPTROLLER GENERAL REVIEW.—Not later than 120 
days after the date on which the Secretary submits the report 
required by paragraph (1), the Comptroller General of the 
United States shall— 
(A) conduct a review of the Department of Defense 
cost-benefit analysis and risk-based assessment contained 
in the report; and 
(B) submit to the congressional defense committees 
a report on the findings of such review. 
(c) SENSE OF CONGRESS ON THE ESSENTIAL SERVICE PROVIDED 
BY AIR FORCE WINGS PERFORMING AEROSPACE CONTROL ALERT 
MISSIONS.—It is the sense of Congress that Air Force wings per-
forming the 24-hour aerospace control alert missions provide an 
essential service in defending the sovereign airspace of the United 
States in the aftermath of the terrorist attacks upon the United 
States on September 11, 2001. 
10 USC 221 note. 
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126 STAT. 1702 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 353. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR 
THE NATIONAL MUSEUM OF THE UNITED STATES ARMY. 
Of the amounts authorized to be appropriated for Operation 
and Maintenance for fiscal year 2013, not more than $5,000,000 
shall be made available for the National Museum of the United 
States Army until the Secretary of the Army submits to the congres-
sional defense committees certification in writing that sufficient 
private funding has been raised to fund the construction of the 
portion of the museum known as the ‘‘Baseline Museum’’ and that 
at least 50 percent of the Baseline Museum has been completed. 
SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT 
OR INACTIVATION OF TICONDEROGA CLASS CRUISERS OR 
DOCK LANDING SHIPS. 
None of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2013 for the Department 
of Defense may be obligated or expended to retire, prepare to 
retire, inactivate, or place in storage a cruiser or dock landing 
ship. 
SEC. 355. RENEWAL OF EXPIRED PROHIBITION ON RETURN OF VET-
ERANS 
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 notwith-
standing this section or any other provision of law, the President 
may not transfer a veterans memorial object to a foreign country 
or an entity controlled by a foreign government, or otherwise 
transfer or convey such an object to any person or entity for pur-
poses of the ultimate transfer or conveyance of the object to a 
foreign country or entity controlled by a foreign government. 
‘‘(2) In this subsection: 
‘‘(A) The term ‘entity controlled by a foreign government’ 
has the meaning given that term in section 2536(c)(1) of this 
title. 
‘‘(B) The term ‘veterans memorial object’ means any object, 
including a physical structure or portion thereof, that— 
‘‘(i) is located at a cemetery of the National Cemetery 
System, war memorial, or military installation in the 
United States; 
‘‘(ii) is dedicated to, or otherwise memorializes, the 
death in combat or combat-related duties of members of 
the armed forces; and 
‘‘(iii) was brought to the United States from abroad 
as a memorial of combat abroad. 
‘‘(3) The prohibition imposed by paragraph (1) does not apply 
to a transfer of a veterans memorial object if— 
‘‘(A) the transfer of that veterans memorial object is specifi-
cally authorized by law; or 
‘‘(B) the transfer is made after September 30, 2017.’’. 
(b) REPEAL OF OBSOLETE SOURCE LAW.—Section 1051 of the 
National Defense Authorization Act for Fiscal Year 2000 (Public 
Law 106–65; 10 U.S.C. 2572 note) is repealed. 
Definitions. 
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126 STAT. 1703 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle G—National Commission on the 
Structure of the Air Force 
SEC. 361. SHORT TITLE. 
This subtitle may be cited as the ‘‘National Commission on 
the Structure of the Air Force Act of 2012’’. 
SEC. 362. ESTABLISHMENT OF COMMISSION. 
(a) 
ESTABLISHMENT.—There 
is 
established 
the 
National 
Commission on the Structure of the Air Force (in this subtitle 
referred to as the ‘‘Commission’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be composed of 
eight members, of whom— 
(A) four shall be appointed by the President; 
(B) one shall be appointed by the Chairman of the 
Committee on Armed Services of the Senate; 
(C) one shall be appointed by the Ranking Member 
of the Committee on Armed Services of the Senate; 
(D) one shall be appointed by the Chairman of the 
Committee on Armed Services of the House of Representa-
tives; and 
(E) one shall be appointed by the Ranking Member 
of the Committee on Armed Services of the House of Rep-
resentatives. 
(2) APPOINTMENT DATE.—The appointments of the members 
of the Commission shall be made not later than 90 days after 
the date of the enactment of this Act. 
(3) EFFECT
OF
LACK
OF
APPOINTMENT
BY
APPOINTMENT 
DATE.—If one or more appointments under subparagraph (A) 
of paragraph (1) is not made by the appointment date specified 
in paragraph (2), the authority to make such appointment 
or appointments shall expire, and the number of members 
of the Commission shall be reduced by the number equal to 
the number of appointments so not made. If an appointment 
under subparagraph (B), (C), (D), or (E) of paragraph (1) is 
not made by the appointment date specified in paragraph (2), 
the authority to make an appointment under such subpara-
graph shall expire, and the number of members of the Commis-
sion shall be reduced by the number equal to the number 
otherwise appointable under such subparagraph. 
(4) EXPERTISE.—In making appointments under this sub-
section, consideration should be given to individuals with exper-
tise in reserve forces policy. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be 
appointed for the life of the Commission. Any vacancy in the 
Commission shall not affect its powers, but shall be filled in the 
same manner as the original appointment. 
(d) INITIAL MEETING.—Not later than 30 days after the date 
on which all members of the Commission have been appointed, 
the Commission shall hold its first meeting. 
(e) MEETINGS.—The Commission shall meet at the call of the 
Chair. 
(f) QUORUM.—A majority of the members of the Commission 
shall constitute a quorum, but a lesser number of members may 
hold hearings. 
Deadline. 
Appointments. 
President. 
Congress. 
National 
Commission on 
the Structure of 
the Air Force Act 
of 2012. 
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126 STAT. 1704 
PUBLIC LAW 112–239—JAN. 2, 2013 
(g) CHAIR AND VICE CHAIRMAN.—The Commission shall select 
a Chair and Vice Chair from among its members. 
SEC. 363. DUTIES OF THE COMMISSION. 
(a) STUDY.— 
(1) IN GENERAL.—The Commission shall undertake a com-
prehensive study of the structure of the Air Force to determine 
whether, and how, the structure should be modified to best 
fulfill current and anticipated mission requirements for the 
Air Force in a manner consistent with available resources. 
(2) CONSIDERATIONS.—In considering the structure of the 
Air Force, the Commission shall give particular consideration 
to evaluating a structure that— 
(A) meets current and anticipated requirements of the 
combatant commands; 
(B) achieves an appropriate balance between the reg-
ular and reserve components of the Air Force, taking 
advantage of the unique strengths and capabilities of each; 
(C) ensures that the regular and reserve components 
of the Air Force have the capacity needed to support current 
and anticipated homeland defense and disaster assistance 
missions in the United States; 
(D) provides for sufficient numbers of regular members 
of the Air Force to provide a base of trained personnel 
from which the personnel of the reserve components of 
the Air Force could be recruited; 
(E) maintains a peacetime rotation force to support 
operational tempo goals of 1:2 for regular members of the 
Air Forces and 1:5 for members of the reserve components 
of the Air Force; and 
(F) maximizes and appropriately balances affordability, 
efficiency, effectiveness, capability, and readiness. 
(b) REPORT.—Not later than February 1, 2014, the Commission 
shall submit to the President and the congressional defense commit-
tees a report which shall contain a detailed statement of the findings 
and conclusions of the Commission as a result of the study required 
by subsection (a), together with its recommendations for such legis-
lation and administrative actions it may consider appropriate in 
light of the results of the study. 
SEC. 364. POWERS OF THE COMMISSION. 
(a) HEARINGS.—The Commission may hold such hearings, sit 
and act at such times and places, take such testimony, and receive 
such evidence as the Commission considers advisable to carry out 
this subtitle. 
(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission 
may secure directly from any Federal department or agency such 
information as the Commission considers necessary to carry out 
this subtitle. Upon request of the Chair of the Commission, the 
head of such department or agency shall furnish such information 
to the Commission. 
(c) POSTAL SERVICES.—The Commission may use the United 
States mails in the same manner and under the same conditions 
as other departments and agencies of the Federal Government. 
(d) GIFTS.—The Commission may accept, use, and dispose of 
gifts or donations of services or property. 
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126 STAT. 1705 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 365. COMMISSION PERSONNEL MATTERS. 
(a) COMPENSATION OF MEMBERS.—Each member of the Commis-
sion who is not an officer or employee of the Federal Government 
shall be compensated at a rate equal to the daily equivalent of 
the annual rate of basic pay prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for 
each day (including travel time) during which such member is 
engaged in the performance of the duties of the Commission. All 
members of the Commission who are officers or employees of the 
United States shall serve without compensation in addition to that 
received for their services as officers or employees of the United 
States. 
(b) TRAVEL EXPENSES.—The members of the Commission shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under subchapter 
I of chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Commission. 
(c) STAFF.— 
(1) IN GENERAL.—The Chair of the Commission may, with-
out regard to the civil service laws and regulations, appoint 
and terminate an executive director and such other additional 
personnel as may be necessary to enable the Commission to 
perform its duties. The employment of an executive director 
shall be subject to confirmation by the Commission. 
(2) COMPENSATION.—The Chair of the Commission may 
fix the compensation of the executive director and other per-
sonnel without regard to chapter 51 and subchapter III of 
chapter 53 of title 5, United States Code, relating to classifica-
tion of positions and General Schedule pay rates, except that 
the rate of pay for the executive director and other personnel 
may not exceed the rate payable for level V of the Executive 
Schedule under section 5316 of such title. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Govern-
ment employee may be detailed to the Commission without 
reimbursement, and such detail shall be without interruption or 
loss of civil service status or privilege. 
(e) PROCUREMENT
OF TEMPORARY
AND INTERMITTENT SERV-
ICES.—The Chair of the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code, at rates for individuals which do not exceed the daily equiva-
lent of the annual rate of basic pay prescribed for level V of 
the Executive Schedule under section 5316 of such title. 
SEC. 366. TERMINATION OF THE COMMISSION. 
The Commission shall terminate 90 days after the date on 
which the Commission submits its report under section 363. 
SEC. 367. FUNDING. 
Amounts authorized to be appropriated for fiscal year 2013 
and available for operation and maintenance for the Air Force 
as specified in the funding table in section 4301 may be available 
for the activities of the Commission under this subtitle. 
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126 STAT. 1706 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle H—Other Matters 
SEC. 371. MILITARY WORKING DOG MATTERS. 
(a) RETIREMENT OF MILITARY WORKING DOGS.—Section 2583 
of title 10, United States Code, is amended— 
(1) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; and 
(2) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f) TRANSFER OF RETIRED MILITARY WORKING DOGS.—If the 
Secretary of the military department concerned determines that 
a military working dog should be retired, and no suitable adoption 
is available at the military facility where the dog is located, the 
Secretary may transfer the dog— 
‘‘(1) to the 341st Training Squadron; or 
‘‘(2) to another location for adoption under this section.’’. 
(b) VETERINARY CARE FOR RETIRED MILITARY WORKING DOGS.— 
(1) IN GENERAL.—Chapter 50 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 994. Military working dogs: veterinary care for retired 
military working dogs 
‘‘(a) IN GENERAL.—The Secretary of Defense may establish and 
maintain a system to provide for the veterinary care of retired 
military working dogs. No funds may be provided by the Federal 
Government for this purpose. 
‘‘(b) ELIGIBLE DOGS.—A retired military working dog eligible 
for veterinary care under this section is any military working dog 
adopted under section 2583 of this title. 
‘‘(c) STANDARDS OF CARE.—The veterinary care provided under 
the system authorized by this section shall meet such standards 
as the Secretary shall establish and from time to time update.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 50 of such title is amended by adding 
at the end the following new item: 
‘‘994. Military working dogs: veterinary care for retired military working dogs.’’. 
SEC. 372. COMPTROLLER GENERAL REVIEW OF HANDLING, LABELING, 
AND PACKAGING PROCEDURES FOR HAZARDOUS MATE-
RIAL SHIPMENTS. 
(a) COMPTROLLER GENERAL REVIEW.—The Comptroller General 
of the United States shall conduct a review of the policies and 
procedures of the Department of Defense for the handling, labeling, 
and packaging of hazardous material shipments. 
(b) MATTERS INCLUDED.—The review conducted under sub-
section (a) shall address the following: 
(1) The relevant statutes, regulations, and guidance and 
policies of the Department of Defense pertaining to the han-
dling, labeling, and packaging procedures of hazardous material 
shipments to support military operations. 
(2) The extent to which such guidance, policies, and proce-
dures contribute to the safe, timely, and cost-effective handling 
of such material. 
(3) The extent to which discrepancies in Department of 
Transportation guidance, policies, and procedures pertaining 
10 USC 
prec. 991. 
10 USC 994. 
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126 STAT. 1707 
PUBLIC LAW 112–239—JAN. 2, 2013 
to handling, labeling, and packaging of hazardous material 
shipments in commerce and similar Department of Defense 
guidance, policies, and procedures pertaining to the handling, 
labeling, and packaging of hazardous material shipments 
impact the safe, timely, and cost-effective handling of such 
material. 
(4) Any additional matters that the Comptroller General 
determines will further inform the appropriate congressional 
committees on issues related to the handling, labeling, and 
packaging procedures for hazardous material shipments to 
members of the Armed Forces worldwide. 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to 
the appropriate congressional committees a report of the review 
conducted under subsection (a). 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 
the term ‘‘appropriate congressional committees’’ means the fol-
lowing: 
(1) The congressional defense committees. 
(2) The Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Sec. 403. Annual limitation on end strength reductions for regular component of 
the Army and Marine Corps. 
Sec. 404. Additional Marine Corps personnel for the Marine Corps Security Guard 
Program. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2013 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2013, as follows: 
(1) The Army, 552,100. 
(2) The Navy, 322,700. 
(3) The Marine Corps, 197,300. 
(4) The Air Force, 329,460. 
Definition. 
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126 STAT. 1708 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 
MINIMUM LEVELS. 
(a) MINIMUM END STRENGTH.—Subsection (b) of section 691 
of title 10, United States Code, is amended by striking paragraphs 
(1) through (4) and inserting the following new paragraphs: 
‘‘(1) For the Army, 542,700. 
‘‘(2) For the Navy, 322,700. 
‘‘(3) For the Marine Corps, 193,500. 
‘‘(4) For the Air Force, 329,460.’’. 
(b) LIMITED REDUCTION AUTHORITY.—Such section is further 
amended by inserting after subsection (d) the following new sub-
section: 
‘‘(e) The Secretary of Defense may reduce a number specified 
in subsection (b) by not more than 0.5 percent.’’. 
SEC. 403. ANNUAL LIMITATION ON END STRENGTH REDUCTIONS FOR 
REGULAR COMPONENT OF THE ARMY AND MARINE CORPS. 
(a) ANNUAL LIMITATION
ON ARMY END STRENGTH REDUC-
TIONS.—The end strength of the regular component of the Army 
shall not be reduced by more than 15,000 members during each 
of fiscal years 2014 through 2017 from the end strength of the 
regular component of the Army at the end of the preceding fiscal 
year. 
(b) ANNUAL LIMITATION
ON MARINE CORPS END STRENGTH 
REDUCTIONS.—The end strength of the regular component of the 
Marine Corps shall not be reduced by more than 5,000 members 
during each of fiscal years 2014 through 2017 from the end strength 
of the regular component of the Marine Corps at the end of the 
preceding fiscal year. 
SEC. 404. ADDITIONAL MARINE CORPS PERSONNEL FOR THE MARINE 
CORPS SECURITY GUARD PROGRAM. 
(a) ADDITIONAL PERSONNEL.— 
(1) IN GENERAL.—The Secretary of Defense shall develop 
and implement a plan to increase the number of members 
of the Marine Corps assigned to the Marine Corps Embassy 
Security Group at Quantico, Virginia, and Marine Security 
Group Regional Commands and Marine Security Group detach-
ments at United States embassies, consulates, and other diplo-
matic facilities by up to 1,000 Marines. 
(2) PURPOSE.—The purpose of the increase under paragraph 
(1) is to provide the additional end strength and the resources 
necessary to support enhanced Marine Corps security at United 
States embassies, consulates, and other diplomatic facilities, 
particularly at locations identified by the Secretary of State 
as in need of additional security because of threats to United 
States personnel and property. 
(b) CONSULTATION.—The Secretary of Defense shall develop 
and implement the plan required by subsection (a) in consultation 
with the Secretary of State pursuant to the responsibility of the 
Secretary of State for diplomatic security under section 103 of 
the Diplomatic Security Act (22 U.S.C. 4802), and in accordance 
with any current memorandum of understanding between the 
Department of State and the Marine Corps on the operational 
and administrative supervision of the Marine Corps Security Guard 
Program. 
Plans. 
10 USC 5983 
note. 
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126 STAT. 1709 
PUBLIC LAW 112–239—JAN. 2, 2013 
(c) SUPPORTING INFORMATION
FOR BUDGET REQUESTS.—The 
material submitted in support of the budget of the President for 
each fiscal year after fiscal year 2013, as submitted to Congress 
pursuant to section 1105(a) of title 31, United States Code, shall 
include the following with regard to the Marine Corps Security 
Guard Program: 
(1) A description of the expanded security support to be 
provided by Marine Corps Security Guards to the Department 
of State during that fiscal year, including— 
(A) any increased internal security to be provided at 
United States embassies, consulates, and other diplomatic 
facilities; 
(B) any increased support for emergency action plan-
ning, training, and advising of host nation security forces; 
and 
(C) any expansion of intelligence collection activities. 
(2) A description of the current status of Marine Corps 
personnel assigned to the Marine Corps Security Guard Pro-
gram as a result of the plan required by subsection (a). 
(3) A description of the Department of Defense resources 
required during that fiscal year for the Marine Corps Security 
Guard Program, including total funding for personnel, operation 
and maintenance, and procurement, and for key supporting 
programs to enable both the current and expanded Program 
mission during that fiscal year. 
(d) PRESERVATION
OF FUNDING
FOR MARINE CORPS UNDER 
NATIONAL MILITARY STRATEGY.—In determining the amounts to 
be requested for each fiscal year after fiscal year 2013 for the 
Marine Corps Security Guard Program and for additional personnel 
under the Program, the President shall ensure that amounts 
requested for the Marine Corps for that fiscal year do not degrade 
the readiness of the Marine Corps to fulfill the requirements of 
the National Military Strategy prescribed by the Chairman of the 
Joint Chiefs of Staff. 
(e) REPORTING REQUIREMENTS.— 
(1) MISSION ASSESSMENT.—Not later than October 1, 2013, 
the Secretary of Defense shall— 
(A) conduct an assessment of the mission of the Marine 
Corps Security Guard Program and the procedural rules 
of engagement under the Program, in light of current and 
emerging threats to United States diplomatic personnel; 
and 
(B) submit to Congress a report on the assessment, 
including a description and assessment of options to 
improve the Program to respond to such threats. 
(2) NOTIFICATION OF CHANGES IN SCOPE OF PROGRAM IN 
RESPONSE TO CHANGING THREATS.—If the President determines 
that a modification (whether an increase or a decrease) in 
the scope of the Marine Corps Security Guard Program is 
necessary or advisable in light of any change in the nature 
of threats to United States embassies, consulates, and other 
diplomatic facilities abroad, the President shall— 
(A) notify Congress of such modification and the change 
in the nature of threats prompting such modification; and 
(B) take such modification into account in requesting 
an end strength and funds for the Program for any fiscal 
year in which such modification is in effect. 
President. 
Determination. 
President. 
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126 STAT. 1710 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 2013, as follows: 
(1) The Army National Guard of the United States, 358,200. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 62,500. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United States, 105,700. 
(6) The Air Force Reserve, 70,880. 
(7) The Coast Guard Reserve, 9,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 
by subsection (a) for the Selected Reserve of any reserve component 
shall be proportionately reduced by— 
(1) the total authorized strength of units organized to serve 
as units of the Selected Reserve of such component which 
are on active duty (other than for training) at the end of 
the fiscal year; and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or for unsatisfactory participation in training) without their 
consent at the end of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or individual 
members of the Selected Reserve of any reserve component are 
released from active duty during any fiscal year, the end strength 
prescribed for such fiscal year for the Selected Reserve of such 
reserve component shall be increased proportionately by the total 
authorized strengths of such units and by the total number of 
such individual members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 2013, the following number of Reserves to be serving 
on full-time active duty or full-time duty, in the case of members 
of the National Guard, for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 32,060. 
(2) The Army Reserve, 16,277. 
(3) The Navy Reserve, 10,114. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United States, 14,765. 
(6) The Air Force Reserve, 2,888. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 
STATUS). 
The minimum number of military technicians (dual status) 
as of the last day of fiscal year 2013 for the reserve components 
of the Army and the Air Force (notwithstanding section 129 of 
title 10, United States Code) shall be the following: 
(1) For the Army National Guard of the United States, 
27,210. 
(2) For the Army Reserve, 8,395. 
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126 STAT. 1711 
PUBLIC LAW 112–239—JAN. 2, 2013 
(3) For the Air National Guard of the United States, 22,180. 
(4) For the Air Force Reserve, 10,400. 
SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUMBER OF NON-DUAL 
STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL GUARD.—Within the limitation provided in 
section 10217(c)(2) of title 10, United States Code, the number 
of non-dual status technicians employed by the National Guard 
as of September 30, 2013, may not exceed the following: 
(A) For the Army National Guard of the United States, 
1,600. 
(B) For the Air National Guard of the United States, 
350. 
(2) ARMY RESERVE.—The number of non-dual status techni-
cians employed by the Army Reserve as of September 30, 2013, 
may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non-dual status 
technicians employed by the Air Force Reserve as of September 
30, 2013, may not exceed 90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 
the term ‘‘non-dual status technician’’ has the meaning given that 
term in section 10217(a) of title 10, United States Code. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 
During fiscal year 2013, the maximum number of members 
of the reserve components of the Armed Forces who may be serving 
at any time on full-time operational support duty under section 
115(b) of title 10, United States Code, is the following: 
(1) The Army National Guard of the United States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United States, 16,000. 
(6) The Air Force Reserve, 14,000. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal year 2013 for the use 
of the Armed Forces and other activities and agencies of the Depart-
ment of Defense for expenses, not otherwise provided for, for mili-
tary personnel, as specified in the funding table in section 4401. 
(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of 
appropriations in subsection (a) supersedes any other authorization 
of appropriations (definite or indefinite) for such purpose for fiscal 
year 2013. 
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126 STAT. 1712 
PUBLIC LAW 112–239—JAN. 2, 2013 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy Generally 
Sec. 501. Limitation on number of Navy flag officers on active duty. 
Sec. 502. Reinstatement of authority for enhanced selective early retirement boards 
and early discharges. 
Sec. 503. Modification of definition of joint duty assignment to include all instructor 
assignments for joint training and education. 
Sec. 504. Exception to required retirement after 30 years of service for Regular 
Navy warrant officers in the grade of Chief Warrant Officer, W–5. 
Sec. 505. Extension of temporary authority to reduce minimum length of active 
service as a commissioned officer required for voluntary retirement as 
an officer. 
Sec. 506. Temporary increase in the time-in-grade retirement waiver limitation for 
lieutenant colonels and colonels in the Army, Air Force, and Marine 
Corps and commanders and captains in the Navy. 
Sec. 507. Modification to limitations on number of officers for whom service-in- 
grade requirements may be reduced for retirement in grade upon vol-
untary retirement. 
Sec. 508. Air Force Chief of Chaplains. 
Subtitle B—Reserve Component Management 
Sec. 511. Codification of staff assistant positions for Joint Staff related to National 
Guard and Reserve matters. 
Sec. 512. Automatic Federal recognition of promotion of certain National Guard 
warrant officers. 
Sec. 513. Availability of Transition Assistance Advisors to assist members of re-
serve components who serve on active duty for more than 180 consecu-
tive days. 
Subtitle C—General Service Authorities 
Sec. 518. Authority for additional behavioral health professionals to conduct pre- 
separation medical exams for post-traumatic stress disorder. 
Sec. 519. Diversity in the Armed Forces and related reporting requirements. 
Sec. 520. Limitation on reduction in number of military and civilian personnel as-
signed to duty with service review agencies. 
Sec. 521. Extension of temporary increase in accumulated leave carryover for mem-
bers of the Armed Forces. 
Sec. 522. Modification of authority to conduct programs on career flexibility to en-
hance retention of members of the Armed Forces. 
Sec. 523. Prohibition on waiver for commissioning or enlistment in the Armed 
Forces for any individual convicted of a felony sexual offense. 
Sec. 524. Quality review of Medical Evaluation Boards, Physical Evaluation 
Boards, and Physical Evaluation Board Liaison Officers. 
Sec. 525. Reports on involuntary separation of members of the Armed Forces. 
Sec. 526. Report on feasibility of developing gender-neutral occupational standards 
for military occupational specialties currently closed to women. 
Sec. 527. Report on education and training and promotion rates for pilots of re-
motely piloted aircraft. 
Sec. 528. Impact of numbers of members within the Integrated Disability Evalua-
tion System on readiness of Armed Forces to meet mission require-
ments. 
Subtitle D—Military Justice and Legal Matters 
Sec. 531. Clarification and enhancement of the role of Staff Judge Advocate to the 
Commandant of the Marine Corps. 
Sec. 532. Additional information in reports on annual surveys of the Committee on 
the Uniform Code of Military Justice. 
Sec. 533. Protection of rights of conscience of members of the Armed Forces and 
chaplains of such members. 
Sec. 534. Reports on hazing in the Armed Forces. 
Subtitle E—Member Education and Training Opportunities and Administration 
Sec. 541. Transfer of Troops-to-Teachers Program from Department of Education to 
Department of Defense and enhancements to the Program. 
Sec. 542. Support of Naval Academy athletic and physical fitness programs. 
Sec. 543. Expansion of Department of Defense pilot program on receipt of civilian 
credentialing for military occupational specialty skills. 
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126 STAT. 1713 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 544. State consideration of military training in granting certain State certifi-
cations and licenses as a condition on the receipt of funds for veterans 
employment and training. 
Sec. 545. Department of Defense review of access to military installations by rep-
resentatives of institutions of higher education. 
Sec. 546. Report on Department of Defense efforts to standardize educational tran-
scripts issued to separating members of the Armed Forces. 
Sec. 547. Comptroller General of the United States reports on joint professional 
military education matters. 
Subtitle F—Reserve Officers’ Training Corps and Related Matters 
Sec. 551. Repeal of requirement for eligibility for in-State tuition of at least 50 per-
cent of participants in Senior Reserve Officers’ Training Corps program. 
Sec. 552. Consolidation of military department authority to issue arms, tentage, 
and equipment to educational institutions not maintaining units of Jun-
ior Reserve Officers’ Training Corps. 
Sec. 553. Modification of requirements on plan to increase the number of units of 
the Junior Reserve Officers’ Training Corps. 
Sec. 554. Comptroller General report on Reserve Officers’ Training Corps programs. 
Subtitle G—Defense Dependents’ Education and Military Family Readiness 
Sec. 561. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 562. Impact aid for children with severe disabilities. 
Sec. 563. Amendments to the Impact Aid program. 
Sec. 564. Transitional compensation for dependent children who are carried during 
pregnancy at time of dependent-abuse offense committed by an indi-
vidual while a member of the Armed Forces. 
Sec. 565. Modification of authority to allow Department of Defense domestic de-
pendent elementary and secondary schools to enroll certain students. 
Sec. 566. Noncompetitive 
appointment 
authority 
regarding 
certain 
military 
spouses. 
Sec. 567. Report on future of family support programs of the Department of De-
fense. 
Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day. 
Subtitle H—Improved Sexual Assault Prevention and Response in the Armed Forces 
Sec. 570. Armed Forces Workplace and Gender Relations Surveys. 
Sec. 571. Authority to retain or recall to active duty reserve component members 
who are victims of sexual assault while on active duty. 
Sec. 572. Additional elements in comprehensive Department of Defense policy on 
sexual assault prevention and response. 
Sec. 573. Establishment of special victim capabilities within the military depart-
ments to respond to allegations of certain special victim offenses. 
Sec. 574. Enhancement to training and education for sexual assault prevention and 
response. 
Sec. 575. Modification of annual Department of Defense reporting requirements re-
garding sexual assaults. 
Sec. 576. Independent reviews and assessments of Uniform Code of Military Justice 
and judicial proceedings of sexual assault cases. 
Sec. 577. Retention of certain forms in connection with Restricted Reports on sex-
ual assault at request of the member of the Armed Forces making the 
report. 
Sec. 578. General or flag officer review of and concurrence in separation of mem-
bers of the Armed Forces making an Unrestricted Report of sexual as-
sault. 
Sec. 579. Department of Defense policy and plan for prevention and response to 
sexual harassment in the Armed Forces. 
Subtitle I—Suicide Prevention and Resilience 
Sec. 580. Enhancement of oversight and management of Department of Defense 
suicide prevention and resilience programs. 
Sec. 581. Reserve component suicide prevention and resilience program. 
Sec. 582. Comprehensive policy on prevention of suicide among members of the 
Armed Forces. 
Sec. 583. Study of resilience programs for members of the Army. 
Subtitle J—Other Matters 
Sec. 584. Issuance of prisoner-of-war medal. 
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126 STAT. 1714 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 585. Technical amendments relating to the termination of the Armed Forces 
Institute of Pathology under defense base closure and realignment. 
Sec. 586. Modification of requirement for reports in Federal Register on institutions 
of higher education ineligible for contracts and grants for denial of 
ROTC or military recruiter access to campus. 
Sec. 587. Acceptance of gifts and services related to educational activities and vol-
untary services to account for missing persons. 
Sec. 588. Display of State, District of Columbia, commonwealth, and territorial 
flags by the Armed Forces. 
Sec. 589. Enhancement of authorities on admission of defense industry civilians to 
certain Department of Defense educational institutions and programs. 
Sec. 590. Extension of authorities to carry out a program of referral and counseling 
services to veterans at risk of homelessness who are transitioning from 
certain institutions. 
Sec. 591. Inspection of military cemeteries under the jurisdiction of Department of 
Defense. 
Sec. 592. Report on results of investigations and reviews conducted with respect to 
Port Mortuary Division of the Air Force Mortuary Affairs Operations 
Center at Dover Air Force Base. 
Sec. 593. Preservation of editorial independence of Stars and Stripes. 
Sec. 594. National public awareness and participation campaign for Veterans’ His-
tory Project of American Folklife Center. 
Sec. 595. Report on accuracy of data in the Defense Enrollment Eligibility Report-
ing System. 
Sec. 596. Sense of Congress that the bugle call commonly known as Taps should 
be designated as the National Song of Military Remembrance. 
Subtitle A—Officer Personnel Policy 
Generally 
SEC. 501. LIMITATION ON NUMBER OF NAVY FLAG OFFICERS ON 
ACTIVE DUTY. 
(a) ADDITIONAL FLAG OFFICER AUTHORIZED.—Section 526(a)(2) 
of title 10, United States Code, is amended by striking ‘‘160’’ and 
inserting ‘‘162’’. 
(b) CORRESPONDING CHANGE IN COMPUTING NUMBER OF FLAG 
OFFICERS IN STAFF CORPS OF THE NAVY.—Section 5150(c) of such 
title is amended by striking the last sentence. 
(c) MODIFICATION OF EFFECTIVE DATE OF CERTAIN REFORMS 
OF THE STRENGTH AND DISTRIBUTION LIMITATIONS APPLICABLE TO 
MARINE CORPS GENERAL OFFICERS.—Paragraph (3) of section 502(b) 
of the National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1387; 10 U.S.C. 525 note) is amended 
to read as follows: 
‘‘(3) EFFECTIVE DATES.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the amendments made by this subsection shall take 
effect on October 1, 2013. 
‘‘(B) MARINE CORPS OFFICERS.—The amendments made 
by paragraphs (1)(A)(iv) and (2)(D) shall take effect on 
October 1, 2012.’’. 
SEC. 502. REINSTATEMENT OF AUTHORITY FOR ENHANCED SELECTIVE 
EARLY RETIREMENT BOARDS AND EARLY DISCHARGES. 
Section 638a of title 10 United States Code, is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(B) by striking ‘‘, during the period beginning on 
October 1, 1990,’’ and all that follows through ‘‘December 
31, 2012,’’; and 
(C) by adding at the end the following new paragraph: 
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126 STAT. 1715 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) Any authority provided to the Secretary of a military 
department under paragraph (1) shall expire on the date specified 
by the Secretary of Defense, but such expiration date may not 
be later than December 31, 2018.’’; 
(2) in subsection (b), by striking paragraph (3) and redesig-
nating paragraph (4) as paragraph (3); 
(3) in subsection (c), by adding at the end the following 
new paragraph: 
‘‘(4) In the case of an action under subsection (b)(2), the Sec-
retary of Defense may also authorize the Secretary of the military 
department concerned to waive the five-year period specified in 
section 638(c) of this title if the Secretary of Defense determines 
that it is necessary for the Secretary of that military department 
to have such authority in order to meet mission needs.’’; and 
(4) in subsection (d)— 
(A) by striking ‘‘subsection (b)(4)’’ each place it appears 
and inserting ‘‘subsection (b)(3)’’; and 
(B) in paragraph (2), by striking ‘‘except that during 
the period beginning on October 1, 2006, and ending on 
December 31, 2012,’’ in subparagraphs (A) and (B) and 
inserting ‘‘except that through December 31, 2018,’’. 
SEC. 503. MODIFICATION OF DEFINITION OF JOINT DUTY ASSIGNMENT 
TO INCLUDE ALL INSTRUCTOR ASSIGNMENTS FOR JOINT 
TRAINING AND EDUCATION. 
Section 668(b)(1)(B) of title 10, United States Code, is amended 
by striking ‘‘assignments for joint’’ and all that follows through 
‘‘Phase II’’ and inserting ‘‘student assignments for joint training 
and education’’. 
SEC. 504. EXCEPTION TO REQUIRED RETIREMENT AFTER 30 YEARS 
OF SERVICE FOR REGULAR NAVY WARRANT OFFICERS IN 
THE GRADE OF CHIEF WARRANT OFFICER, W–5. 
Section 1305(a) of title 10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘A regular warrant officer (other than 
a regular Army warrant officer)’’ and inserting ‘‘Subject 
to paragraphs (2) and (3), a regular warrant officer’’; and 
(B) by striking ‘‘he’’ and inserting ‘‘the officer’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) In the case of a regular Navy warrant officer in the grade 
of chief warrant officer, W–5, the officer shall be retired 60 days 
after the date on which the officer completes 33 years of total 
active service.’’. 
SEC. 505. EXTENSION OF TEMPORARY AUTHORITY TO REDUCE MIN-
IMUM LENGTH OF ACTIVE SERVICE AS A COMMISSIONED 
OFFICER REQUIRED FOR VOLUNTARY RETIREMENT AS AN 
OFFICER. 
(a) ARMY.—Section 3911(b)(2) of title 10, United States Code, 
is amended by striking ‘‘September 30, 2013’’ and inserting ‘‘Sep-
tember 30, 2018’’. 
(b) NAVY AND MARINE CORPS.—Section 6323(a)(2)(B) of such 
title is amended by striking ‘‘September 30, 2013’’ and inserting 
‘‘September 30, 2018’’. 
(c) AIR FORCE.—Section 8911(b)(2) of such title is amended 
by striking ‘‘September 30, 2013’’ and inserting ‘‘September 30, 
2018’’. 
Waiver authority. 
Expiration date. 
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126 STAT. 1716 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 506. TEMPORARY INCREASE IN THE TIME-IN-GRADE RETIREMENT 
WAIVER LIMITATION FOR LIEUTENANT COLONELS AND 
COLONELS IN THE ARMY, AIR FORCE, AND MARINE CORPS 
AND COMMANDERS AND CAPTAINS IN THE NAVY. 
Section 1370(a)(2)(F) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘the period ending on December 31, 2007’’ 
and inserting ‘‘fiscal years 2013 through 2018’’; 
(2) by striking ‘‘Air Force’’ and inserting ‘‘Army, Air Force, 
and Marine Corps’’; and 
(3) by striking ‘‘in the period’’. 
SEC. 507. MODIFICATION TO LIMITATIONS ON NUMBER OF OFFICERS 
FOR WHOM SERVICE-IN-GRADE REQUIREMENTS MAY BE 
REDUCED FOR RETIREMENT IN GRADE UPON VOLUNTARY 
RETIREMENT. 
Section 1370(a)(2) of title 10, United States Code, is amended— 
(1) in subparagraph (E)— 
(A) by inserting ‘‘(i)’’ after ‘‘exceed’’; and 
(B) by inserting before the period at the end the fol-
lowing: ‘‘or (ii) in the case of officers of that armed force 
in a grade specified in subparagraph (G), two officers, 
whichever number is greater’’; and 
(2) by adding at the end the following new subparagraph: 
‘‘(G) Notwithstanding subparagraph (E), during fiscal years 
2013 through 2017, the total number of brigadier generals and 
major generals of the Army, Air Force, and Marine Corps, and 
the total number of rear admirals (lower half) and rear admirals 
of the Navy, for whom a reduction is made under this section 
during any fiscal year of service-in-grade otherwise required under 
this paragraph may not exceed 10 percent of the authorized active- 
duty strength for that fiscal year for officers of that armed force 
in those grades.’’. 
SEC. 508. AIR FORCE CHIEF OF CHAPLAINS. 
(a) ESTABLISHMENT OF POSITIONS; APPOINTMENT.—Chapter 805 
of title 10, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 8039. Chief of Chaplains: appointment; duties 
‘‘(a) CHIEF OF CHAPLAINS.—(1) There is a Chief of Chaplains 
in the Air Force, appointed by the President, by and with the 
advice and consent of the Senate, from officers of the Air Force 
designated under section 8067(h) of this title as chaplains who— 
‘‘(A) are serving in the grade of colonel or above; 
‘‘(B) are serving on active duty; and 
‘‘(C) have served on active duty as a chaplain for at least 
eight years. 
‘‘(2) An officer appointed as the Chief of Chaplains shall be 
appointed for a term of three years. However, the President may 
terminate or extend the appointment at any time. 
‘‘(3) The Chief of Chaplains shall perform such duties as may 
be prescribed by the Secretary of the Air Force and by law. 
‘‘(b) SELECTION BOARD.—Under regulations approved by the 
Secretary of Defense, the Secretary of the Air Force, in selecting 
an officer for recommendation to the President for appointment 
as the Chief of Chaplains, shall ensure that the officer selected 
Regulations. 
President. 
10 USC 8039. 
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126 STAT. 1717 
PUBLIC LAW 112–239—JAN. 2, 2013 
is recommended by a board of officers that, insofar as practicable, 
is subject to the procedures applicable to the selection boards con-
vened under chapter 36 of this title. 
‘‘(c) GRADE.—An officer appointed as Chief of Chaplains who 
holds a lower regular grade may be appointed in the regular grade 
of major general.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘8039. Chief of Chaplains: appointment; duties.’’. 
Subtitle B—Reserve Component 
Management 
SEC. 511. CODIFICATION OF STAFF ASSISTANT POSITIONS FOR JOINT 
STAFF RELATED TO NATIONAL GUARD AND RESERVE MAT-
TERS. 
(a) CODIFICATION OF EXISTING POSITIONS.—Chapter 5 of title 
10, United States Code, is amended by inserting after section 155 
the following new section: 
‘‘§ 155a. Assistants to the Chairman of the Joint Chiefs of 
Staff for National Guard matters and Reserve mat-
ters 
‘‘(a) ESTABLISHMENT OF POSITIONS.—The Secretary of Defense 
shall establish the following positions within the Joint Staff: 
‘‘(1) Assistant to the Chairman of the Joint Chiefs of Staff 
for National Guard Matters. 
‘‘(2) Assistant to the Chairman of the Joint Chiefs of Staff 
for Reserve Matters. 
‘‘(b) SELECTION.—(1) The Assistant to the Chairman of the 
Joint Chiefs of Staff for National Guard Matters shall be selected 
by the Chairman from officers of the Army National Guard of 
the United States or the Air Guard of the United States who— 
‘‘(A) are recommended for such selection by their respective 
Governors or, in the case of the District of Columbia, the 
commanding general of the District of Columbia National 
Guard; 
‘‘(B) have had at least 10 years of federally recognized 
commissioned service in the National Guard and significant 
joint duty experience, as determined by the Chairman; and 
‘‘(C) are in a grade above the grade of colonel. 
‘‘(2) The Assistant to the Chairman of the Joint Chiefs of 
Staff for Reserve Matters shall be selected by the Chairman from 
officers of the Army Reserve, the Navy Reserve, the Marine Corps 
Reserve, or the Air Force Reserve who— 
‘‘(A) are recommended for such selection by the Secretary 
of the military department concerned; 
‘‘(B) have had at least 10 years of commissioned service 
in their reserve component and significant joint duty experi-
ence, as determined by the Chairman; and 
‘‘(C) are in a grade above the grade of colonel or, in the 
case of the Navy Reserve, captain. 
‘‘(c) TERM OF OFFICE.—Each Assistant to the Chairman of the 
Joint Chiefs of Staff under subsection (a) serves at the pleasure 
10 USC 155a. 
10 USC 
prec. 8031. 
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126 STAT. 1718 
PUBLIC LAW 112–239—JAN. 2, 2013 
of the Chairman for a term of two years and may be continued 
in that assignment in the same manner for one additional term. 
However, in time of war there is no limit on the number of terms. 
‘‘(d) GRADE.—Each Assistant to the Chairman of the Joint 
Chiefs of Staff under subsection (a), while so serving, holds the 
grade of major general or, in the case of the Navy Reserve, rear 
admiral. Each such officer shall be considered to be serving in 
a position covered by the limited exclusion from the authorized 
strength of general officers and flag officers on active duty provided 
by section 526(b) of this title. 
‘‘(e) DUTIES.—(1) The Assistant to the Chairman of the Joint 
Chiefs of Staff for National Guard Matters is an adviser to the 
Chairman on matters relating to the National Guard and performs 
the duties prescribed for that position by the Chairman. 
‘‘(2) The Assistant to the Chairman of the Joint Chiefs of 
Staff for Reserve Matters is an adviser to the Chairman on matters 
relating to the reserves and performs the duties prescribed for 
that position by the Chairman. 
‘‘(f) OTHER RESERVE COMPONENT REPRESENTATION ON JOINT 
STAFF.—The Secretary of Defense, in consultation with the Chair-
man of the Joint Chiefs of Staff, shall develop appropriate policy 
guidance to ensure that, to the maximum extent practicable, the 
level of representation of reserve component officers on the Joint 
Staff is commensurate with the significant role of the reserve compo-
nents within the armed forces.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item related 
to section 155 the following new item: 
‘‘155a. Assistants to the Chairman of the Joint Chiefs of Staff for National Guard 
matters and Reserve matters.’’. 
(c) REPEAL OF SUPERSEDED LAW.—Section 901 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105– 
85; 10 U.S.C. 155 note) is repealed. 
SEC. 512. AUTOMATIC FEDERAL RECOGNITION OF PROMOTION OF 
CERTAIN NATIONAL GUARD WARRANT OFFICERS. 
Section 310(a) of title 32, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Notwithstanding’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) Notwithstanding sections 307 and 309 of this title, if a 
warrant officer, W–1, of the National Guard is promoted to the 
grade of chief warrant officer, W–2, to fill a vacancy in a federally 
recognized unit in the National Guard, Federal recognition is auto-
matically extended to that officer in the grade of chief warrant 
officer, W–2, effective as of the date on which that officer has 
completed the service in the grade prescribed by the Secretary 
concerned under section 12242 of title 10, if the warrant officer 
has remained in an active status since the warrant officer was 
so recommended.’’. 
SEC. 513. AVAILABILITY OF TRANSITION ASSISTANCE ADVISORS TO 
ASSIST MEMBERS OF RESERVE COMPONENTS WHO SERVE 
ON ACTIVE DUTY FOR MORE THAN 180 CONSECUTIVE 
DAYS. 
(a) TRANSITION ASSISTANCE ADVISOR PROGRAM AUTHORIZED.— 
The Chief of the National Guard Bureau may establish a program 
to provide professionals (to be known as Transition Assistance 
10 USC 12681. 
10 USC 
prec. 151. 
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126 STAT. 1719 
PUBLIC LAW 112–239—JAN. 2, 2013 
Advisors) in each State to serve as points of contact to assist 
eligible members of the reserve components in accessing benefits 
and health care furnished under laws administered by the Secretary 
of Defense and benefits and health care furnished under laws 
administered by the Secretary of Veterans Affairs. 
(b) ELIGIBLE MEMBERS.—To be eligible for assistance under 
this section, a member of a reserve component must have served 
on active duty in the Armed Forces for a period of more than 
180 consecutive days. 
(c) DUTIES.—The duties of a Transition Assistance Advisor 
include the following: 
(1) To assist with the creation and execution of an indi-
vidual transition plan for an eligible member of a reserve 
component and dependents of the member for the reintegration 
of the member into civilian life. 
(2) To provide employment support services to the member 
and dependents of the member, including assistance with 
finding employment opportunities and identifying and obtaining 
assistance from programs within and outside of the Federal 
Government. 
(3) To provide information on relocation, health care, 
mental health care, and financial support services available 
to the member and dependents of the member from the Depart-
ment of Defense, the Department of Veterans Affairs, and other 
Federal, State, and local agencies. 
(4) To provide information on educational support services 
available to the member, including Post-9/11 Educational 
Assistance under chapter 33 of title 38, United States Code. 
(d) TRANSITION PLANS.—The individual transition plan referred 
to in subsection (c)(1) created for an eligible member of a reserve 
component shall include at a minimum the following: 
(1) A plan for the transition of the member to civilian 
life, including with respect to employment, education, and 
health care. 
(2) A description of the transition services that the member 
and dependents of the member will need to achieve their transi-
tion objectives, including information on any forms that the 
member will need to fill out to be eligible for such services. 
(3) A point of contact for each agency or entity that can 
provide the transition services described in paragraph (2). 
(4) Such other information determined to be essential for 
the transition of the member, as determined by the Chief 
of the National Guard Bureau in consultation with the Sec-
retary of Defense and the Secretary of Veterans Affairs. 
(e) FUNDING.—Funding for Transition Assistance Advisors for 
a fiscal year shall be derived from amounts authorized to be appro-
priated for operation and maintenance for the National Guard 
for that fiscal year. 
(f) STATE DEFINED.—In this section, the term ‘‘State’’ means 
each of the several States of the United States, the District of 
Columbia, and any territory of the United States. 
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126 STAT. 1720 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle C—General Service Authorities 
SEC. 
518. 
AUTHORITY 
FOR 
ADDITIONAL 
BEHAVIORAL 
HEALTH 
PROFESSIONALS TO CONDUCT PRE-SEPARATION MEDICAL 
EXAMS FOR POST-TRAUMATIC STRESS DISORDER. 
Section 1177(a) of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘or psychiatrist’’ and 
inserting ‘‘psychiatrist, licensed clinical social worker, or psy-
chiatric advanced practice registered nurse’’; and 
(2) in paragraph (3), by striking ‘‘or psychiatrist’’ and 
inserting ‘‘, psychiatrist, licensed clinical social worker, or psy-
chiatric advanced practice registered nurse’’. 
SEC. 
519. 
DIVERSITY 
IN 
THE 
ARMED 
FORCES 
AND 
RELATED 
REPORTING REQUIREMENTS. 
(a) PLAN TO ACHIEVE MILITARY LEADERSHIP REFLECTING DIVER-
SITY OF UNITED STATES POPULATION.— 
(1) IN GENERAL.—Chapter 37 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 656. Diversity in military leadership: plan 
‘‘(a) PLAN.—The Secretary of Defense (and the Secretary of 
Homeland Security in the case of the Coast Guard when it is 
not operating as a service in the Department of the Navy) shall 
develop and implement a plan to accurately measure the efforts 
of the Department of Defense and the Coast Guard to achieve 
a dynamic, sustainable level of members of the armed forces 
(including reserve components) that, among both commissioned offi-
cers 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 popu-
lations. Any metric established pursuant to this subsection may 
not be used in a manner that undermines the merit-based processes 
of the Department of Defense and the Coast Guard, including 
such processes for accession, retention, and promotion. Such metrics 
may not be combined with the identification of specific quotas 
based upon diversity characteristics. The Secretary concerned shall 
continue to account for diversified language and cultural skills 
among the total force of the armed forces. 
‘‘(b) METRICS
TO MEASURE PROGRESS
IN DEVELOPING
AND 
IMPLEMENTING PLAN.—In developing and implementing the plan 
under subsection (a), the Secretary of Defense and the Secretary 
of Homeland Security shall develop a standard set of metrics and 
collection procedures that are uniform across the armed forces. 
The metrics required by this subsection shall be designed— 
‘‘(1) to accurately capture the inclusion and capability 
aspects of the armed forces’ broader diversity plans, including 
race, ethnic, and gender specific groups, as potential factors 
of force readiness that would supplement continued accounting 
by the Department of Defense and the Coast Guard of diversi-
fied language and cultural skills among the total force as part 
of the assessment of current and future national security needs; 
and 
‘‘(2) to be verifiable and systematically linked to strategic 
plans that will drive improvements. 
Procedures. 
10 USC 656. 
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126 STAT. 1721 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(c) DEFINITION
OF
DIVERSITY.—In developing and imple-
menting the plan under subsection (a), the Secretary of Defense 
and the Secretary of Homeland Security shall develop a uniform 
definition of diversity. 
‘‘(d) CONSULTATION.—Not less than annually, the Secretary of 
Defense and the Secretary of Homeland Security shall meet with 
the Secretaries of the military departments, the Joint Chiefs of 
Staff, the Commandant of the Coast Guard, and senior enlisted 
members of the armed forces to discuss the progress being made 
toward developing and implementing the plan established under 
subsection (a). 
‘‘(e) COOPERATION WITH STATES.—The Secretary of Defense 
shall coordinate with the National Guard Bureau and States in 
tracking the progress of the National Guard toward developing 
and implementing the plan established under subsection (a).’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘656. Diversity in military leadership: plan.’’. 
(b) INCLUSION IN DOD MANPOWER REQUIREMENTS REPORT.— 
Section 115a of such title is amended by inserting after subsection 
(f) the following new subsection: 
‘‘(g) In each report submitted under subsection (a) during fiscal 
years 2013 through 2017, the Secretary shall also include a detailed 
discussion of the following: 
‘‘(1) The progress made in implementing the plan required 
by section 656 of this title to accurately measure the efforts 
of the Department to reflect the diverse population of the 
United States eligible to serve in the armed forces. 
‘‘(2) The number of members of the armed forces, including 
reserve components, listed by gender and race or ethnicity 
for each rank under each military department. 
‘‘(3) The number of members of the armed forces, including 
reserve components, who were promoted during the year cov-
ered by the report, listed by gender and race or ethnicity 
for each rank under each military department. 
‘‘(4) The number of members of the armed forces, including 
reserve components, who reenlisted or otherwise extended the 
commitment to military service during the year covered by 
the report, listed by gender and race or ethnicity for each 
rank under each military department. 
‘‘(5) The available pool of qualified candidates for the gen-
eral officer grades of general and lieutenant general and the 
flag officer grades of admiral and vice admiral.’’. 
(c) COAST GUARD REPORT.— 
(1) ANNUAL REPORT REQUIRED.—The Secretary of Homeland 
Security (or the Secretary of the Navy in the event the Coast 
Guard is operating as a service in the Department of the 
Navy) shall prepare an annual report addressing diversity 
among commissioned officers of the Coast Guard and Coast 
Guard Reserve and among enlisted personnel of the Coast 
Guard and Coast Guard Reserve. The report shall include— 
(A) an assessment of the available pool of qualified 
candidates for the flag officer grades of admiral and vice 
admiral; 
10 USC 
prec. 651. 
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126 STAT. 1722 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) the number of such officers and personnel, listed 
by gender and race or ethnicity for each rank; 
(C) the number of such officers and personnel who 
were promoted during the year covered by the report, listed 
by gender and race or ethnicity for each rank; and 
(D) the number of such officers and personnel who 
reenlisted or otherwise extended the commitment to the 
Coast Guard during the year covered by the report, listed 
by gender and race or ethnicity for each rank. 
(2) SUBMISSION.—The report under paragraph (1) shall be 
submitted during each of fiscal years 2013 through 2017 not 
later than 45 days after the date on which the President sub-
mits to Congress the budget for the next fiscal year under 
section 1105 of title 31, United States Code. Each report shall 
be submitted to the Committee on Armed Services, the Com-
mittee on Transportation and Infrastructure, and the Com-
mittee on Homeland Security of the House of Representatives, 
and the Committee on Armed Services and the Committee 
on Commerce, Science, and Transportation of the Senate. 
SEC. 520. LIMITATION ON REDUCTION IN NUMBER OF MILITARY AND 
CIVILIAN PERSONNEL ASSIGNED TO DUTY WITH SERVICE 
REVIEW AGENCIES. 
Section 1559(a) of title 10, United States Code, is amended 
by striking ‘‘December 31, 2013’’ and inserting ‘‘December 31, 2016’’. 
SEC. 521. EXTENSION OF TEMPORARY INCREASE IN ACCUMULATED 
LEAVE CARRYOVER FOR MEMBERS OF THE ARMED 
FORCES. 
Section 701(d) of title 10, United States Code, is amended 
by striking ‘‘September 30, 2013’’ and inserting ‘‘September 30, 
2015’’. 
SEC. 522. MODIFICATION OF AUTHORITY TO CONDUCT PROGRAMS ON 
CAREER FLEXIBILITY TO ENHANCE RETENTION OF MEM-
BERS OF THE ARMED FORCES. 
(a) EXTENSION OF PROGRAMS TO CERTAIN ACTIVE GUARD AND 
RESERVE PERSONNEL.—Section 533 of Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. prec. 
701 note) is amended— 
(1) in subsection (a)(1), by inserting ‘‘and members on active 
Guard and Reserve duty’’ after ‘‘officers and enlisted members 
of the regular components’’; 
(2) by redesignating subsection (l) as subsection (m); and 
(3) by inserting after subsection (k) the following new sub-
section (l): 
‘‘(l) DEFINITION.—In this section, the term ‘active Guard and 
Reserve duty’ has the meaning given that term in section 101(d)(6) 
of title 10, United States Code.’’. 
(b) AUTHORITY TO CARRY FORWARD UNUSED ACCRUED LEAVE.— 
Subsection (h) of such section is amended by adding at the end 
the following new paragraph: 
‘‘(5) LEAVE.—A member who participates in a pilot program 
is entitled to carry forward the leave balance existing as of 
the day on which the member begins participation and accumu-
lated in accordance with section 701 of title 10, United States 
Code, but not to exceed 60 days.’’. 
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126 STAT. 1723 
PUBLIC LAW 112–239—JAN. 2, 2013 
(c) AUTHORITY FOR DISABILITY PROCESSING.—Subsection (j) of 
such section is amended— 
(1) in the subsection heading, by striking ‘‘MEDICAL AND 
DENTAL CARE’’ and inserting ‘‘CONTINUED ENTITLEMENTS’’; 
(2) by striking ‘‘for purposes of the entitlement’’ and 
inserting ‘‘for purposes of— 
‘‘(1) the entitlement’’; 
(3) by striking the period at the end and inserting ‘‘; and’’; 
and 
(4) by adding at the end the following new paragraph: 
‘‘(2) retirement or separation for physical disability under 
the provisions of chapters 55 and 61 of title 10, United States 
Code.’’. 
SEC. 523. PROHIBITION ON WAIVER FOR COMMISSIONING OR ENLIST-
MENT IN THE ARMED FORCES FOR ANY INDIVIDUAL CON-
VICTED OF A FELONY SEXUAL OFFENSE. 
An individual may not be provided a waiver for commissioning 
or enlistment in the Armed Forces if the individual has been con-
victed under Federal or State law of a felony offense of any of 
the following: 
(1) Rape. 
(2) Sexual abuse. 
(3) Sexual assault. 
(4) Incest. 
(5) Any other sexual offense. 
SEC. 524. QUALITY REVIEW OF MEDICAL EVALUATION BOARDS, PHYS-
ICAL EVALUATION BOARDS, AND PHYSICAL EVALUATION 
BOARD LIAISON OFFICERS. 
(a) IN GENERAL.—The Secretary of Defense shall standardize, 
assess, and monitor the quality assurance programs of the military 
departments to evaluate the following in the performance of their 
duties (including duties under chapter 61 of title 10, United States 
Code): 
(1) Medical Evaluation Boards. 
(2) Physical Evaluation Boards. 
(3) Physical Evaluation Board Liaison Officers. 
(b) OBJECTIVES.—The objectives of the quality assurance pro-
gram shall be as follows: 
(1) To ensure accuracy and consistency in the determina-
tions and decisions of Medical Evaluation Boards and Physical 
Evaluation Boards. 
(2) To otherwise monitor and sustain proper performance 
of the duties of Medical Evaluation Boards and Physical Evalua-
tion Boards, and of Physical Evaluation Board Liaison Officers. 
(3) Such other objectives as the Secretary shall specify 
for purposes of the quality assurance program. 
(c) REPORTS.— 
(1) REPORT ON IMPLEMENTATION.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
shall submit to the appropriate committees of Congress a report 
setting forth the plan of the Secretary for the implementation 
of the requirements of this section. 
(2) ANNUAL REPORTS.—Not later than one year after the 
date of the submittal of the report required by paragraph 
(1), and annually thereafter for the next four years, the Sec-
retary shall submit to the appropriate committees of Congress 
10 USC 1222 
note. 
10 USC 504 note. 
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126 STAT. 1724 
PUBLIC LAW 112–239—JAN. 2, 2013 
a report setting forth an assessment of the implementation 
of the requirements of this section during the one-year period 
ending on the date of the report under this paragraph. Each 
report shall include, in particular, an assessment of the extent 
to which the quality assurance program under the requirements 
of this section meets the objectives specified in subsection (b). 
(3) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 
this subsection, the term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Armed Services and the Com-
mittee on Veterans’ Affairs of the Senate; and 
(B) the Committee on Armed Services and the Com-
mittee on Veterans’ Affairs of the House of Representatives. 
SEC. 525. REPORTS ON INVOLUNTARY SEPARATION OF MEMBERS OF 
THE ARMED FORCES. 
(a) PERIODIC REPORTS REQUIRED.—Not later than 30 days after 
the end of each half-year period during calendar years 2013 and 
2014, the Secretary of each military department shall submit to 
the Committees on Armed Services of the Senate and the House 
of Representatives a report on the number of members of the 
regular components of the Armed Forces under the jurisdiction 
of such Secretary who were involuntarily separated from active 
duty in the Armed Forces (for reasons other than for cause) to 
meet force reduction requirements during the six-month period 
covered by the report. 
(b) ELEMENTS.—Each report on an Armed Force under sub-
section (a) shall set forth the following for the period covered 
by the report: 
(1) The total number members of that Armed Force involun-
tarily separated from active duty in the Armed Forces (for 
reasons other than for cause) to meet force reduction require-
ments. 
(2) The number of members covered by paragraph (1) sepa-
rately set forth by grade, by total years of service in the 
Armed Forces at the time of separation, and by military occupa-
tional specialty or rating (or competitive category in the case 
of officers). 
(3) The number of members covered by paragraph (1) who 
received involuntary separation pay, or who are authorized 
to receive temporary retired pay, in connection with the separa-
tion. 
(4) The number of members covered by paragraph (1) who 
completed transition assistance programs relating to future 
employment. 
(5) The average number of months members covered by 
paragraph (1) were deployed to overseas contingency operations, 
separately set forth by grade. 
SEC. 526. REPORT ON FEASIBILITY OF DEVELOPING GENDER-NEUTRAL 
OCCUPATIONAL STANDARDS FOR MILITARY OCCUPA-
TIONAL SPECIALTIES CURRENTLY CLOSED TO WOMEN. 
Not later than 60 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report evaluating the feasibility of incor-
porating gender-neutral occupational standards for military occupa-
tional specialties closed, as of the date of the enactment of this 
Act, to female members of the Armed Forces. 
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126 STAT. 1725 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 527. REPORT ON EDUCATION AND TRAINING AND PROMOTION 
RATES FOR PILOTS OF REMOTELY PILOTED AIRCRAFT. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of the Air Force and 
the Chief of Staff of the Air Force shall jointly submit to the 
congressional defense committees a report on education and training 
and promotion rates for Air Force pilots of remotely piloted aircraft 
(RPA). 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A detailed analysis of the reasons for persistently lower 
average education and training and promotion rates for Air 
Force pilots of remotely piloted aircraft. 
(2) An assessment of the long-term impact on the Air 
Force of the sustainment of such lower rates. 
(3) A plan to raise such rates, including— 
(A) a description of the near-term and longer-term 
actions the Air Force intends to undertake to implement 
the plan; and 
(B) an analysis of the potential direct and indirect 
impacts of the plan on the achievement and sustainment 
of the combat air patrol objectives of the Air Force for 
remotely piloted aircraft. 
SEC. 
528. 
IMPACT 
OF 
NUMBERS 
OF 
MEMBERS 
WITHIN 
THE 
INTEGRATED DISABILITY EVALUATION SYSTEM ON READI-
NESS OF ARMED FORCES TO MEET MISSION REQUIRE-
MENTS. 
(a) ANNUAL IMPACT STATEMENT.—In the materials submitted 
to Congress in support of the budget for the Department of Defense 
for each of fiscal years 2014 through 2018, the Secretary of each 
military department shall include a statement concerning the extent 
to which the number of members of an Armed Force under the 
jurisdiction of the Secretary who are within the Integrated Dis-
ability Evaluation System impacts— 
(1) the readiness of that Armed Force to meet on-going 
mission requirements; and 
(2) dwell time for other members of that Armed Force. 
(b) RESPONSE PLAN.—If the statement of the Secretary of a 
military department under subsection (a) for a fiscal year concludes 
that an adverse impact on readiness or dwell time of an Armed 
Force is occurring, the Secretary shall include with the budget 
materials a plan describing how the Armed Force will mitigate 
the impact. 
Subtitle D—Military Justice and Legal 
Matters 
SEC. 531. CLARIFICATION AND ENHANCEMENT OF THE ROLE OF STAFF 
JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE 
CORPS. 
(a) APPOINTMENT BY THE PRESIDENT AND PERMANENT APPOINT-
MENT TO GRADE OF MAJOR GENERAL.—Subsection (a) of section 
5046 of title 10, United States Code, is amended— 
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126 STAT. 1726 
PUBLIC LAW 112–239—JAN. 2, 2013 
(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 fol-
lowing new sentence: ‘‘If the officer to be appointed as the 
Staff Judge Advocate to the Commandant of the Marine Corps 
holds a grade lower than the grade of major general imme-
diately 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 sub-
section (c): 
‘‘(c) The Staff Judge Advocate to the Commandant of the Marine 
Corps, under the direction of the Commandant of the Marine Corps 
and the Secretary of the Navy, shall— 
‘‘(1) perform such duties relating to legal matters arising 
in the Marine Corps as may be assigned to the Staff Judge 
Advocate; 
‘‘(2) perform the functions and duties, and exercise the 
powers, prescribed for the Staff Judge Advocate to the Com-
mandant of the Marine Corps in chapter 47 (the Uniform 
Code of Military Justice) and chapter 53 of this title; and 
‘‘(3) perform such other duties as may be assigned to the 
Staff Judge Advocate.’’. 
(c) COMPOSITION OF HEADQUARTERS, MARINE CORPS.—Section 
5041(b) of such title is amended— 
(1) by redesignating paragraphs (4) and (5) as paragraphs 
(5) and (6), respectively; and 
(2) by inserting after paragraph (3) the following new para-
graph (4): 
‘‘(4) The Staff Judge Advocate to the Commandant of the 
Marine Corps.’’. 
(d) SUPERVISION OF CERTAIN LEGAL SERVICES.— 
(1) ADMINISTRATION OF MILITARY JUSTICE.—Section 806(a) 
of such title (article 6(a) of the Uniform Code of Military Justice) 
is amended in the third sentence by striking ‘‘The Judge Advo-
cate General’’ and all that follows through ‘‘shall’’ and inserting 
‘‘The Judge Advocates General, and within the Marine Corps 
the Staff Judge Advocate to the Commandant of the Marine 
Corps, or senior members of their staffs, shall’’. 
(2) DELIVERY
OF
LEGAL
ASSISTANCE.—Section 1044(b) of 
such title is amended by inserting ‘‘, and within the Marine 
Corps the Staff Judge Advocate to the Commandant of the 
Marine Corps,’’ after ‘‘jurisdiction of the Secretary’’. 
SEC. 532. ADDITIONAL INFORMATION IN REPORTS ON ANNUAL SUR-
VEYS OF THE COMMITTEE ON THE UNIFORM CODE OF 
MILITARY JUSTICE. 
Subsection (c)(2) of section 946 of title 10, United States Code 
(article 146 of the Uniform Code of Military Justice), is amended— 
(1) by redesignating subparagraph (B) as subparagraph 
(C); and 
(2) by inserting after subparagraph (A) the following new 
subparagraph (B): 
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126 STAT. 1727 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(B) Information from the Judge Advocates General and 
the Staff Judge Advocate to the Commandant of the Marine 
Corps on the following: 
‘‘(i) The appellate review process, including— 
‘‘(I) information on compliance with processing 
time goals; 
‘‘(II) discussions of the circumstances surrounding 
cases in which general court-martial or special court- 
martial convictions are reversed as a result of com-
mand influence or denial of the right to a speedy 
review or otherwise remitted due to loss of records 
of trial or other administrative deficiencies; and 
‘‘(III) discussions of cases in which a provision 
of this chapter is held unconstitutional. 
‘‘(ii) Measures implemented by each armed force to 
ensure the ability of judge advocates to competently partici-
pate as trial and defense counsel in, and preside as military 
judges over, capital cases, national security cases, sexual 
assault cases, and proceedings of military commissions. 
‘‘(iii) The independent views of the Judge Advocates 
General and the Staff Judge Advocate to the Commandant 
of the Marine Corps on the sufficiency of resources available 
within their respective armed forces, including total 
workforce, funding, training, and officer and enlisted grade 
structure, to capably perform military justice functions.’’. 
SEC. 533. PROTECTION OF RIGHTS OF CONSCIENCE OF MEMBERS OF 
THE ARMED FORCES AND CHAPLAINS OF SUCH MEMBERS. 
(a) PROTECTION OF RIGHTS OF CONSCIENCE.— 
(1) ACCOMMODATION.—The Armed Forces shall accommo-
date the beliefs of a member of the armed forces reflecting 
the conscience, moral principles, or religious beliefs of the 
member and, in so far as practicable, may not use such beliefs 
as the basis of any adverse personnel action, discrimination, 
or denial of promotion, schooling, training, or assignment. 
(2) DISCIPLINARY OR ADMINISTRATIVE ACTION.—Nothing in 
paragraph (1) precludes disciplinary or administrative action 
for conduct that is proscribed by chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice), including 
actions and speech that threaten good order and discipline. 
(b) PROTECTION OF CHAPLAIN DECISIONS RELATING TO CON-
SCIENCE, MORAL PRINCIPLES, OR RELIGIOUS BELIEFS.—No member 
of the Armed Forces may— 
(1) require a chaplain to perform any rite, ritual, or cere-
mony that is contrary to the conscience, moral principles, or 
religious beliefs of the chaplain; or 
(2) discriminate or take any adverse personnel action 
against a chaplain, including denial of promotion, schooling, 
training, or assignment, on the basis of the refusal by the 
chaplain to comply with a requirement prohibited by paragraph 
(1). 
(c) REGULATIONS.—The Secretary of Defense shall issue regula-
tions implementing the protections afforded by this section. 
SEC. 534. REPORTS ON HAZING IN THE ARMED FORCES. 
(a) REPORTS REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, each Secretary of a military 
department (and the Secretary of Homeland Security in the case 
10 USC 
prec. 1030 note. 
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126 STAT. 1728 
PUBLIC LAW 112–239—JAN. 2, 2013 
of the Coast Guard) shall submit to the congressional committees 
specified in subsection (c) a report on hazing in each Armed Force 
under the jurisdiction of the Secretary. 
(b) ELEMENTS.—The report on an Armed Force required by 
subsection (a) shall include the following: 
(1) An evaluation of the definition of hazing contained 
in the Secretary of Defense Policy Memorandum dated August 
28, 1997. 
(2) A discussion of the policies of the Armed Force for 
preventing and responding to incidents of hazing. 
(3) A description of the methods implemented to track 
and report, including report anonymously, incidents of hazing 
in the Armed Force. 
(4) An assessment by the Secretary submitting the report 
of the following: 
(A) The scope of the problem of hazing in the Armed 
Force. 
(B) The training on recognizing and preventing hazing 
provided members of the Armed Force. 
(C) The actions taken to prevent and respond to hazing 
incidents in the Armed Force. 
(D) The extent to which the Uniform Code of Military 
Justice specifically addresses the prosecution of persons 
subject to the Code who are alleged to have committed 
hazing. 
(E) The feasibility of establishing a database to track, 
respond to, and resolve incidents of hazing. 
(5) A description of the additional actions, if any, the Sec-
retary submitting the report proposes to take to further address 
the incidence of hazing in the Armed Force. 
(6) Any recommended changes to the Uniform Code of 
Military Justice or the Manual for Courts-Martial to improve 
the prosecution of persons alleged to have committed hazing 
in the Armed Forces. 
(c) SUBMISSION
OF REPORTS.—The reports required by sub-
section (a) shall be submitted— 
(1) to the Committee on Armed Services and the Committee 
on Commerce, Science, and Transportation of the Senate; and 
(2) to the Committee on Armed Services and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives. 
Subtitle E—Member Education and Train-
ing Opportunities and Administration 
SEC. 541. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM FROM 
DEPARTMENT 
OF 
EDUCATION 
TO 
DEPARTMENT 
OF 
DEFENSE AND ENHANCEMENTS TO THE PROGRAM. 
(a) TRANSFER OF FUNCTIONS.— 
(1) TRANSFER.—The responsibility and authority for oper-
ation and administration of the Troops-to-Teachers Program 
in chapter A of subpart 1 of part C of title II of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) 
is transferred from the Secretary of Education to the Secretary 
of Defense. 
10 USC 1154 
note. 
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126 STAT. 1729 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) MEMORANDUM OF AGREEMENT.—In connection with the 
transfer of responsibility and authority for operation and 
administration of the Troops-to-Teachers Program from the 
Secretary of Education to the Secretary of Defense under para-
graph (1), the Secretaries shall enter into a memorandum of 
agreement pursuant to which the Secretary of Education will 
undertake the following: 
(A) Disseminate information about the Troops-to- 
Teachers Program to eligible schools (as defined in sub-
section (a) of section 1154 of title 10, United States Code, 
as added by subsection (b)). 
(B) Advise the Department of Defense on how to pre-
pare eligible members of the Armed Forces described in 
subsection (d) of such section 1154 to become participants 
in the Program, to meet the requirements necessary to 
become a teacher in a school described in subsection (b)(2) 
of such section 1154, and to find post-service employment 
in an eligible school. 
(C) Advise the Department of Defense on how to iden-
tify teacher preparation programs for participants in the 
Program. 
(D) Inform the Department of Defense of academic 
subject areas with critical teacher shortages. 
(E) Identify geographic areas with critical teacher 
shortages, especially in high-need schools (as defined in 
subsection (a) of such section 1154). 
(3) EFFECTIVE DATE.—The transfer of responsibility and 
authority for operation and administration of the Troops-to- 
Teachers Program under paragraph (1) shall take effect— 
(A) on the first day of the first month beginning more 
than 90 days after the date of the enactment of this Act; 
or 
(B) on such earlier date as the Secretary of Education 
and the Secretary of Defense may jointly provide. 
(b) ENACTMENT OF PROGRAM AUTHORITY IN TITLE 10, UNITED 
STATES CODE.— 
(1) IN GENERAL.—Chapter 58 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 1154. Assistance to eligible members and former members 
to obtain employment as teachers: Troops-to- 
Teachers Program 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CHARTER SCHOOL.—The term ‘charter school’ has the 
meaning given that term in section 5210(1) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7221i(1)). 
‘‘(2) ELIGIBLE SCHOOL.—The term ‘eligible school’ means— 
‘‘(A) a public school, including a charter school, at 
which— 
‘‘(i) at least 30 percent of the students enrolled 
in the school are from families with incomes below 
185 percent of poverty level (as defined by the Office 
of Management and Budget and revised at least 
annually in accordance with section 9(b)(1) of the 
Richard B. Russell National School Lunch Act (42 
10 USC 1154. 
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126 STAT. 1730 
PUBLIC LAW 112–239—JAN. 2, 2013 
U.S.C. 1758(b)(1)) applicable to a family of the size 
involved; or 
‘‘(ii) at least 13 percent of the students enrolled 
in the school qualify for assistance under part B of 
the Individuals with Disabilities Education Act (20 
U.S.C.1411 et seq.); or 
‘‘(B) a Bureau-funded school as defined in section 
1141(3) of the Education Amendments of 1978 (25 U.S.C. 
2021(3)). 
‘‘(3) HIGH-NEED
SCHOOL.—The term ‘high-need school’ 
means— 
‘‘(A) an elementary or middle school in which at least 
50 percent of the enrolled students are children from low- 
income families, based on the number of children eligible 
for free and reduced priced lunches under the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1751 
et seq.), the number of children in families receiving assist-
ance under the State program funded under part A of 
title IV of the Social Security Act (42 U.S.C. 601 et seq.), 
the number of children eligible to receive medical assistance 
under the Medicaid program, or a composite of these indica-
tors; 
‘‘(B) a high school in which at least 40 percent of 
enrolled students are children from low-income families, 
which may be calculated using comparable data from feeder 
schools; or 
‘‘(C) a school that is in a local educational agency 
that is eligible under section 6211(b) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7345(b)). 
‘‘(4) MEMBER OF THE ARMED FORCES.—The term ‘member 
of the armed forces’ includes a retired or former member of 
the armed forces. 
‘‘(5) PARTICIPANT.—The term ‘participant’ means an eligible 
member of the armed forces selected to participate in the Pro-
gram. 
‘‘(6) PROGRAM.—The term ‘Program’ means the Troops-to- 
Teachers Program authorized by this section. 
‘‘(7) SECRETARY.—The term ‘Secretary’ means the Secretary 
of Defense. 
‘‘(8) ADDITIONAL
TERMS.—The terms ‘elementary school’, 
‘local educational agency’, ‘secondary school’, and ‘State’ have 
the meanings given those terms in section 9101 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7801). 
‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of Defense may 
carry out a Troops-to-Teachers Program— 
‘‘(1) to assist eligible members of the armed forces described 
in subsection (d) to meet the requirements necessary to become 
a teacher in a school described in paragraph (2); and 
‘‘(2) to facilitate the employment of such members— 
‘‘(A) by local educational agencies or charter schools 
that the Secretary of Education identifies as— 
‘‘(i) receiving grants under part A of title I of 
the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.) as a result of having within 
their jurisdictions concentrations of children from low- 
income families; or 
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126 STAT. 1731 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(ii) experiencing a shortage of teachers, in par-
ticular a shortage of science, mathematics, special edu-
cation, foreign language, or career or technical 
teachers; and 
‘‘(B) in elementary schools or secondary schools, or 
as career or technical teachers. 
‘‘(c) COUNSELING AND REFERRAL SERVICES.—The Secretary may 
provide counseling and referral services to members of the armed 
forces who do not meet the eligibility criteria described in subsection 
(d), including the education qualification requirements under para-
graph (3)(B) of such subsection. 
‘‘(d) ELIGIBILITY AND APPLICATION PROCESS.— 
‘‘(1) ELIGIBLE
MEMBERS.—The following members of the 
armed forces are eligible for selection to participate in the 
Program: 
‘‘(A) Any member who— 
‘‘(i) on or after October 1, 1999, becomes entitled 
to retired or retainer pay under this title or title 14; 
‘‘(ii) has an approved date of retirement that is 
within one year after the date on which the member 
submits an application to participate in the Program; 
or 
‘‘(iii) has been transferred to the Retired Reserve. 
‘‘(B) Any member who, on or after January 8, 2002— 
‘‘(i)(I) is separated or released from active duty 
after four or more years of continuous active duty 
immediately before the separation or release; or 
‘‘(II) has completed a total of at least six years 
of active duty service, six years of service computed 
under section 12732 of this title, or six years of any 
combination of such service; and 
‘‘(ii) executes a reserve commitment agreement for 
a period of not less than three years under paragraph 
(5)(B). 
‘‘(C) Any member who, on or after January 8, 2002, 
is retired or separated for physical disability under chapter 
61 of this title. 
‘‘(2) SUBMISSION OF APPLICATIONS.—(A) Selection of eligible 
members of the armed forces to participate in the Program 
shall be made on the basis of applications submitted to the 
Secretary within the time periods specified in subparagraph 
(B). An application shall be in such form and contain such 
information as the Secretary may require. 
‘‘(B) In the case of an eligible member of the armed forces 
described in subparagraph (A)(i), (B), or (C) of paragraph (1), 
an application shall be considered to be submitted on a timely 
basis if the application is submitted not later than three years 
after the date on which the member is retired, separated, 
or released from active duty, whichever applies to the member. 
‘‘(3) 
SELECTION
CRITERIA; 
EDUCATIONAL
BACKGROUND 
REQUIREMENTS; HONORABLE
SERVICE
REQUIREMENT.—(A) The 
Secretary shall prescribe the criteria to be used to select eligible 
members of the armed forces to participate in the Program. 
‘‘(B) If a member of the armed forces is applying for the 
Program to receive assistance for placement as an elementary 
school or secondary school teacher, the Secretary shall require 
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126 STAT. 1732 
PUBLIC LAW 112–239—JAN. 2, 2013 
the member to have received a baccalaureate or advanced 
degree from an accredited institution of higher education. 
‘‘(C) If a member of the armed forces is applying for the 
Program to receive assistance for placement as a career or 
technical teacher, the Secretary shall require the member— 
‘‘(i) to have received the equivalent of one year of 
college from an accredited institution of higher education 
or the equivalent in military education and training as 
certified by the Department of Defense; or 
‘‘(ii) to otherwise meet the certification or licensing 
requirements for a career or technical teacher in the State 
in which the member seeks assistance for placement under 
the Program. 
‘‘(D) A member of the armed forces is eligible to participate 
in the Program only if the member’s last period of service 
in the armed forces was honorable, as characterized by the 
Secretary concerned. A member selected to participate in the 
Program before the retirement of the member or the separation 
or release of the member from active duty may continue to 
participate in the Program after the retirement, separation, 
or release only if the member’s last period of service is 
characterized as honorable by the Secretary concerned. 
‘‘(4) SELECTION PRIORITIES.—In selecting eligible members 
of the armed forces to receive assistance under the Program, 
the Secretary— 
‘‘(A) shall give priority to members who— 
‘‘(i) have educational or military experience in 
science, mathematics, special education, foreign lan-
guage, or career or technical subjects; and 
‘‘(ii) agree to seek employment as science, mathe-
matics, foreign language, or special education teachers 
in elementary schools or secondary schools or in other 
schools under the jurisdiction of a local educational 
agency; and 
‘‘(B) may give priority to members who agree to seek 
employment in a high-need school. 
‘‘(5) OTHER CONDITIONS ON SELECTION.—(A) Subject to sub-
section (i), the Secretary may not select an eligible member 
of the armed forces to participate in the Program and receive 
financial assistance unless the Secretary has sufficient appro-
priations for the Program available at the time of the selection 
to satisfy the obligations to be incurred by the United States 
under subsection (e) with respect to the member. 
‘‘(B) The Secretary may not select an eligible member of 
the armed forces described in paragraph (1)(B)(i) to participate 
in the Program and receive financial assistance under sub-
section (e) unless the member executes a written agreement 
to serve as a member of the Selected Reserve of a reserve 
component of the armed forces for a period of not less than 
three years. 
‘‘(e) PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE.— 
‘‘(1) PARTICIPATION AGREEMENT.—(A) An eligible member 
of the armed forces selected to participate in the Program 
under subsection (b) and to receive financial assistance under 
this subsection shall be required to enter into an agreement 
with the Secretary in which the member agrees— 
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126 STAT. 1733 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(i) within such time as the Secretary may require, 
to meet the requirements necessary to become a teacher 
in a school described in subsection (b)(2); and 
‘‘(ii) to accept an offer of full-time employment as an 
elementary school teacher, secondary school teacher, or 
career or technical teacher for not less than three school 
years in an eligible school to begin the school year after 
obtaining that certification or licensing. 
‘‘(B) The Secretary may waive the three-year commitment 
described in subparagraph (A)(ii) for a participant if the Sec-
retary determines such waiver to be appropriate. If the Sec-
retary provides the waiver, the participant shall not be consid-
ered to be in violation of the agreement and shall not be 
required to provide reimbursement under subsection (f), for 
failure to meet the three-year commitment. 
‘‘(2) VIOLATION
OF
PARTICIPATION
AGREEMENT; EXCEP-
TIONS.—A participant shall not be considered to be in violation 
of the participation agreement entered into under paragraph 
(1) during any period in which the participant— 
‘‘(A) is pursuing a full-time course of study related 
to the field of teaching at an institution of higher education; 
‘‘(B) is serving on active duty as a member of the 
armed forces; 
‘‘(C) is temporarily totally disabled for a period of time 
not to exceed three years as established by sworn affidavit 
of a qualified physician; 
‘‘(D) is unable to secure employment for a period not 
to exceed 12 months by reason of the care required by 
a spouse who is disabled; 
‘‘(E) is unable to find full-time employment as a teacher 
in an eligible elementary school or secondary school or 
as a career or technical teacher for a single period not 
to exceed 27 months; or 
‘‘(F) satisfies the provisions of additional reimburse-
ment exceptions that may be prescribed by the Secretary. 
‘‘(3) STIPEND AND BONUS FOR PARTICIPANTS.—(A) Subject 
to subparagraph (C), the Secretary may pay to a participant 
a stipend to cover expenses incurred by the participant to 
obtain the required educational level, certification, or licensing. 
Such stipend may not exceed $5,000 and may vary by partici-
pant. 
‘‘(B)(i) Subject to subparagraph (C), the Secretary may pay 
a bonus to a participant who agrees in the participation agree-
ment under paragraph (1) to accept full-time employment as 
an elementary school teacher, secondary school teacher, or 
career or technical teacher for not less than three school years 
in an eligible school. 
‘‘(ii) The amount of the bonus may not exceed $5,000, 
unless the eligible school is a high-need school, in which case 
the amount of the bonus may not exceed $10,000. Within such 
limits, the bonus may vary by participant and may take into 
account the priority placements as determined by the Secretary. 
‘‘(C)(i) The total number of stipends that may be paid 
under subparagraph (A) in any fiscal year may not exceed 
5,000. 
‘‘(ii) The total number of bonuses that may be paid under 
subparagraph (B) in any fiscal year may not exceed 3,000. 
Waiver authority. 
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126 STAT. 1734 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(iii) A participant may not receive a stipend under 
subparagraph (A) if the participant is eligible for benefits under 
chapter 33 of title 38. 
‘‘(iv) The combination of a stipend under subparagraph 
(A) and a bonus under subparagraph (B) for any one participant 
may not exceed $10,000. 
‘‘(4) TREATMENT
OF
STIPEND
AND
BONUS.—A stipend or 
bonus paid under this subsection to a participant shall be 
taken into account in determining the eligibility of the partici-
pant for Federal student financial assistance provided under 
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 
et seq.). 
‘‘(f) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES.— 
‘‘(1) REIMBURSEMENT REQUIRED.—A participant who is paid 
a stipend or bonus under this subsection shall be subject to 
the repayment provisions of section 373 of title 37 under the 
following circumstances: 
‘‘(A) The participant fails to meet the requirements 
necessary to become a teacher in a school described in 
subsection (b)(2) or to obtain employment as an elementary 
school teacher, secondary school teacher, or career or tech-
nical teacher as required by the participation agreement 
under subsection (e)(1). 
‘‘(B) The participant voluntarily leaves, or is termi-
nated for cause from, employment as an elementary school 
teacher, secondary school teacher, or career or technical 
teacher during the three years of required service in viola-
tion of the participation agreement. 
‘‘(C) The participant executed a written agreement with 
the Secretary concerned under subsection (d)(5)(B) to serve 
as a member of a reserve component of the armed forces 
for a period of three years and fails to complete the required 
term of service. 
‘‘(2) AMOUNT OF REIMBURSEMENT.—A participant required 
to reimburse the Secretary for a stipend or bonus paid to 
the participant under subsection (e) shall pay an amount that 
bears the same ratio to the amount of the stipend or bonus 
as the unserved portion of required service bears to the three 
years of required service. 
‘‘(3) INTEREST.—Any amount owed by a participant under 
this subsection shall bear interest at the rate equal to the 
highest rate being paid by the United States on the day on 
which the reimbursement is determined to be due for securities 
having maturities of 90 days or less and shall accrue from 
the day on which the participant is first notified of the amount 
due. 
‘‘(4) EXCEPTIONS
TO
REIMBURSEMENT
REQUIREMENT.—A 
participant shall be excused from reimbursement under this 
subsection if the participant becomes permanently totally dis-
abled as established by sworn affidavit of a qualified physician. 
The Secretary may also waive the reimbursement in cases 
of extreme hardship to the participant, as determined by the 
Secretary. 
‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONT-
GOMERY GI BILL.—Except as provided in subsection (e)(3)(C)(iii), 
the receipt by a participant of a stipend or bonus under subsection 
(e) shall not reduce or otherwise affect the entitlement of the 
Waiver authority. 
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126 STAT. 1735 
PUBLIC LAW 112–239—JAN. 2, 2013 
participant to any benefits under chapter 30 or 33 of title 38 
or chapter 1606 of this title. 
‘‘(h) PARTICIPATION BY STATES.— 
‘‘(1) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA 
OF
STATES.—The Secretary may permit States participating 
in the Program to carry out activities authorized for such 
States under the Program through one or more consortia of 
such States. 
‘‘(2) ASSISTANCE TO STATES.—(A) Subject to subparagraph 
(B), the Secretary may make grants to States participating 
in the Program, or to consortia of such States, in order to 
permit such States or consortia of States to operate offices 
for purposes of recruiting eligible members of the armed forces 
for participation in the Program and facilitating the employ-
ment of participants as elementary school teachers, secondary 
school teachers, and career or technical teachers. 
‘‘(B) The total amount of grants made under subparagraph 
(A) in any fiscal year may not exceed $5,000,000. 
‘‘(i) LIMITATION ON TOTAL FISCAL-YEAR OBLIGATIONS.—The total 
amount obligated by the Secretary under the Program for any 
fiscal year may not exceed $15,000,000.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘1154. Assistance to eligible members and former members to obtain employment 
as teachers: Troops-to-Teachers Program.’’. 
(c) CONFORMING AMENDMENT.—Section 1142(b)(4)(C) of such 
title is amended by striking ‘‘under section 2302’’ and all that 
follows through ‘‘6672)’’. 
(d) TERMINATION OF DEPARTMENT OF EDUCATION TROOPS-TO- 
TEACHERS PROGRAM.— 
(1) TERMINATION.—Subject to paragraph (3), chapter A of 
subpart 1 of part C of title II of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6671 et seq.) is repealed. 
(2) CLERICAL AMENDMENT.—The table of contents in section 
2 of the Elementary and Secondary Education Act of 1965 
is amended by striking the items relating to chapter A of 
subpart 1 of part C of title II of such Act. 
(3) EXISTING
AGREEMENTS.—The repeal of chapter A of 
subpart 1 of part C of title II of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6671 et seq.) by paragraph 
(1) shall not affect— 
(A) the validity or terms of any agreement entered 
into under such chapter, as in effect immediately before 
such repeal, before the effective date of the transfer of 
the Troops-to-Teachers Program under subsection (a); or 
(B) the authority to pay assistance, make grants, or 
obtain reimbursement in connection with such an agree-
ment as in effect before the effective date of the transfer 
of the Troops-to-Teachers Program under subsection (a). 
SEC. 542. SUPPORT OF NAVAL ACADEMY ATHLETIC AND PHYSICAL 
FITNESS PROGRAMS. 
(a) IN GENERAL.—Chapter 603 of title 10, United States Code, 
is amended by adding at the end the following new section: 
20 USC 6671 
note. 
20 USC 
6671–6677. 
10 USC 
prec. 1141. 
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126 STAT. 1736 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘§ 6981. Support of athletic and physical fitness programs 
‘‘(a) AUTHORITY.— 
‘‘(1) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Sec-
retary of the Navy may enter into contracts and cooperative 
agreements with the Naval Academy Athletic Association for 
the purpose of supporting the athletic and physical fitness 
programs of the Naval Academy. Notwithstanding section 
2304(k) of this title, the Secretary may enter such contracts 
or cooperative agreements on a sole source basis pursuant 
to section 2304(c)(5) of this title. Notwithstanding chapter 63 
of title 31, a cooperative agreement under this section may 
be used to acquire property or services for the direct benefit 
or use of the Naval Academy. 
‘‘(2) LEASES.—The Secretary may enter into leases, in 
accordance with section 2667 of this title, or licenses with 
the Association for the purpose of supporting the athletic and 
physical fitness programs of the Naval Academy. Any such 
lease or license shall be deemed to satisfy the conditions of 
section 2667(h)(2) of this title. 
‘‘(b) USE OF NAVY PERSONAL PROPERTY BY THE ASSOCIATION.— 
The Secretary may allow the Association to use, at no cost, personal 
property of the Department of the Navy to assist the Association 
in supporting the athletic and physical fitness programs of the 
Naval Academy. 
‘‘(c) ACCEPTANCE OF SUPPORT.— 
‘‘(1) SUPPORT RECEIVED FROM THE ASSOCIATION.—Notwith-
standing section 1342 of title 31, the Secretary may accept 
from the Association funds, supplies, and services for the sup-
port of the athletic and physical fitness programs of the Naval 
Academy. For purposes of this section, employees or personnel 
of the Association may not be considered to be employees of 
the United States. 
‘‘(2) FUNDS
RECEIVED
FROM
NCAA.—The Secretary may 
accept funds from the National Collegiate Athletic Association 
to support the athletic and physical fitness programs of the 
Naval Academy. 
‘‘(3) LIMITATION.—The Secretary shall ensure that contribu-
tions under this subsection do not reflect unfavorably on the 
ability of the Department of the Navy, any of its employees, 
or any member of the armed forces to carry out any responsi-
bility or duty in a fair and objective manner, or compromise 
the integrity or appearance of integrity of any program of 
the Department of the Navy, or any individual involved in 
such a program. 
‘‘(d) RETENTION AND USE OF FUNDS.—Notwithstanding section 
2260(d) of this title, funds received under this section may be 
retained for use in support of athletic and physical fitness programs 
of the Naval Academy and shall remain available until expended. 
‘‘(e) TRADEMARKS AND SERVICE MARKS.— 
‘‘(1) LICENSING, MARKETING, AND
SPONSORSHIP
AGREE-
MENTS.—An agreement under subsection (a)(1) may, consistent 
with sections 2260 (other than subsection (d)) and 5022(b)(3) 
of this title, authorize the Association to enter into licensing, 
marketing, and sponsorship agreements relating to trademarks 
and service marks identifying the Naval Academy, subject to 
the approval of the Department of the Navy. 
10 USC 6981. 
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126 STAT. 1737 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) LIMITATIONS.—No such licensing, marketing, or 
sponsorship agreement may be entered into if it would reflect 
unfavorably on the ability of the Department of the Navy, 
any of its employees, or any member of the armed forces to 
carry out any responsibility or duty in a fair and objective 
manner, or if the Secretary determines that the use of the 
trademark or service mark would compromise the integrity 
or appearance of integrity of any program of the Department 
of the Navy, or any individual involved in such a program. 
‘‘(f) SERVICE
ON
ASSOCIATION
BOARD
OF
CONTROL.—The 
Association is a designated entity for which authorization under 
sections 1033(a) and 1589(a) of this title may be provided. 
‘‘(g) CONDITIONS.—The authority provided in this section with 
respect to the Association is available only so long as the Association 
continues to— 
‘‘(1) qualify as a nonprofit organization under section 
501(c)(3) of the Internal Revenue Code of 1986 and operates 
in accordance with this section, the laws of the State of Mary-
land, and the constitution and bylaws of the Association; and 
‘‘(2) operate exclusively to support the athletic and physical 
fitness programs of the Naval Academy. 
‘‘(h) ASSOCIATION DEFINED.—In this section, the term ‘Associa-
tion’ means the Naval Academy Athletic Association.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘6981. Support of athletic and physical fitness programs.’’. 
SEC. 543. EXPANSION OF DEPARTMENT OF DEFENSE PILOT PROGRAM 
ON RECEIPT OF CIVILIAN CREDENTIALING FOR MILITARY 
OCCUPATIONAL SPECIALTY SKILLS. 
(a) EXPANSION OF PROGRAM.—Subsection (b)(1) of section 558 
of the National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1418; 10 U.S.C. 2015 note) is 
amended by striking ‘‘or more than five’’. 
(b) USE OF INDUSTRY-RECOGNIZED CERTIFICATIONS.—Subsection 
(b) of such section is further amended— 
(1) by striking ‘‘and’’ at the end of paragraph (1); 
(2) by redesignating paragraph (2) as paragraph (3); and 
(3) by inserting after paragraph (1) the following new para-
graph: 
‘‘(2) consider utilizing industry-recognized certifications or 
licensing standards for civilian occupational skills comparable 
to the specialties or codes so designated; and’’. 
SEC. 
544. 
STATE 
CONSIDERATION 
OF 
MILITARY 
TRAINING 
IN 
GRANTING 
CERTAIN 
STATE 
CERTIFICATIONS 
AND 
LICENSES AS A CONDITION ON THE RECEIPT OF FUNDS 
FOR VETERANS EMPLOYMENT AND TRAINING. 
(a) IN GENERAL.—Section 4102A(c) of title 38, United States 
Code, is amended by adding at the end the following new paragraph: 
‘‘(9)(A) As a condition of a grant or contract under which funds 
are made available to a State in order to carry out section 4103A 
or 4104 of this title for any program year, the Secretary may 
require the State— 
‘‘(i) to demonstrate that when the State approves or denies 
a certification or license described in subparagraph (B) for 
10 USC 
prec. 6951. 
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126 STAT. 1738 
PUBLIC LAW 112–239—JAN. 2, 2013 
a veteran the State takes into consideration any training 
received or experience gained by the veteran while serving 
on active duty in the Armed Forces; and 
‘‘(ii) to disclose to the Secretary in writing the following: 
‘‘(I) Criteria applicants must satisfy to receive a certifi-
cation or license described in subparagraph (B) by the 
State. 
‘‘(II) A description of the standard practices of the 
State for evaluating training received by veterans while 
serving on active duty in the Armed Forces and evaluating 
the documented work experience of such veterans during 
such service for purposes of approving or denying a certifi-
cation or license described in subparagraph (B). 
‘‘(III) Identification of areas in which training and 
experience described in subclause (II) fails to meet criteria 
described in subclause (I).’’ 
‘‘(B) A certification or license described in this subparagraph 
is any of the following: 
‘‘(i) A license to be a nonemergency medical professional. 
‘‘(ii) A license to be an emergency medical professional. 
‘‘(iii) A commercial driver’s license. 
‘‘(C) The Secretary shall share the information the Secretary 
receives under subparagraph (A)(ii) with the Secretary of Defense 
to help the Secretary of Defense improve training for military 
occupational specialties so that individuals who receive such 
training are able to receive a certification or license described 
in subparagraph (B) from a State. 
‘‘(D) The Secretary shall publish on the Internet website of 
the Department available to the public— 
‘‘(i) any guidance the Secretary gives the Secretary of 
Defense with respect to carrying out this section; and 
‘‘(ii) any information the Secretary receives from a State 
pursuant to subparagraph (A).’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply with respect to a program year beginning on or after 
the date of the enactment of this Act. 
SEC. 545. DEPARTMENT OF DEFENSE REVIEW OF ACCESS TO MILITARY 
INSTALLATIONS BY REPRESENTATIVES OF INSTITUTIONS 
OF HIGHER EDUCATION. 
(a) REVIEW REQUIRED.—The Secretary of Defense shall conduct 
a review to assess the extent of access that representatives of 
institutions of higher education have to military installations. 
(b) ELEMENTS OF REVIEW.—The review required by subsection 
(a) shall include, at a minimum, an assessment of the following: 
(1) The policies and procedures that govern the availability 
and the degree to which representatives of institutions of higher 
education obtain access to military installations for marketing 
and recruitment purposes to members of the Armed Forces 
and their families. 
(2) The extent to which persons employed by institutions 
of higher education who have authorized access to military 
installations are engaged in the unauthorized or inappropriate 
marketing of products and services to members of the Armed 
Forces through such access. 
(3) The policies and regulations that are in effect to prevent 
inappropriate marketing of educational products and services 
38 USC 4102A 
note. 
Web posting. 
Public 
information. 
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126 STAT. 1739 
PUBLIC LAW 112–239—JAN. 2, 2013 
on military installations and the effectiveness or shortcomings, 
and the adequacy of the enforcement, of those policies and 
regulations. 
(c) REPORT.—Not later than 270 days after the date of enact-
ment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report containing the results of the review 
required by subsection (a). The report shall include any rec-
ommendations for statutory or regulatory change that the Secretary 
considers appropriate to enhance the protection of members of 
the Armed Forces from inappropriate marketing and recruitment 
on military installations by representatives of institutions of higher 
education. 
SEC. 546. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO STAND-
ARDIZE EDUCATIONAL TRANSCRIPTS ISSUED TO SEPA-
RATING MEMBERS OF THE ARMED FORCES. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the efforts of the Department of 
Defense to standardize the educational transcripts issued to mem-
bers of the Armed Forces on their separation from the Armed 
Forces. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A description of the similarities and differences between 
the educational transcripts issued to members separating from 
the each of the Armed Forces. 
(2) A description of any assessments done by the Depart-
ment, or in conjunction with educational institutions, to identify 
shortcomings in the transcripts issued to separating members 
in connection with their ability to qualify for civilian edu-
cational credits. 
(3) A description of the implementation plan for the Joint 
Services Transcript, including a schedule and the elements 
of existing educational transcripts to be incorporated into the 
Joint Services Transcript. 
SEC. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS 
ON JOINT PROFESSIONAL MILITARY EDUCATION MAT-
TERS. 
(a) REPORT ON REVIEW OF MILITARY EDUCATION COORDINATION 
COUNCIL REPORT.— 
(1) REVIEW OF METHODOLOGY.—The Comptroller General 
of the United States shall review the methodology used by 
the Military Education Coordination Council in compiling the 
report on joint professional military education that is to be 
submitted to the Director of Joint Force Development by March 
1, 2013, pursuant to the Joint Staff Memorandum, Joint Staff 
Review, dated July 16, 2012. The review shall include an exam-
ination of the analytical approach used by the Council for 
that report, including the types of information considered, the 
cost savings identified, the benefits of options considered, the 
time frames for implementation, and transparency. 
(2) REPORT.—Not later than 90 days after receiving from 
the Director of Joint Force Development the report described 
in paragraph (1), the Comptroller General shall submit to the 
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126 STAT. 1740 
PUBLIC LAW 112–239—JAN. 2, 2013 
Committees on Armed Services of the Senate and the House 
of Representatives a report on the review under paragraph 
(1) of the report described in that paragraph. The report of 
the Comptroller General under this paragraph shall set forth 
the following: 
(A) The results of the review under paragraph (1). 
(B) Such recommendations as the Comptroller General 
considers appropriate in light of the results of the review. 
(b) REPORT
ON JOINT PROFESSIONAL MILITARY EDUCATION 
RESEARCH INSTITUTIONS.— 
(1) REPORT REQUIRED.—Not later than January 31, 2014, 
the Comptroller General of the United States shall submit 
to the congressional defense committees a report setting forth 
the assessment by the Comptroller General of the work per-
formed by joint professional military education research institu-
tions in support of professional military education and the 
broader mission of the Department of Defense, the military 
departments, and the Defense Agencies. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include an assessment of the following: 
(A) The systems, mechanisms, and structures within 
the senior and intermediate joint professional military edu-
cation colleges and universities for oversight, governance, 
and management of the joint professional military edu-
cation research institutions, including systems, mecha-
nisms, and structures relating to the development of poli-
cies and budgets for research. 
(B) The factors contributing to and the extent of growth 
in the number and size of joint professional military edu-
cation research institutions since 2000. 
(C) The causes and extent of cost growth at joint profes-
sional military education research institutions since 2000. 
(D) The focus of research activity conducted by the 
joint professional military education research institutions, 
and the extent to which each joint professional military 
education research institution performs a unique research 
function or engages in similar or duplicative efforts with 
other components or elements of the Department of 
Defense. 
(E) The measures of effectiveness used by the joint 
professional military education research institutions, the 
senior and intermediate joint professional military edu-
cation colleges and universities, and other oversight entities 
to evaluate the performance of the joint professional mili-
tary education research institutions in meeting established 
goals or objectives. 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘joint professional military education 
research institutions’’ means subordinate organizations 
(including centers, institutes, and schools) under the senior 
and intermediate joint professional military education col-
leges and universities for which research is the primary 
mission or reason for existence. 
(B) The term ‘‘senior and intermediate joint profes-
sional military education colleges and universities’’ means 
the following: 
(i) The National Defense University. 
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126 STAT. 1741 
PUBLIC LAW 112–239—JAN. 2, 2013 
(ii) The Army War College. 
(iii) The Navy War College. 
(iv) The Air University. 
(v) The Air War College. 
(vi) The Marine Corp University. 
Subtitle F—Reserve Officers’ Training 
Corps and Related Matters 
SEC. 551. REPEAL OF REQUIREMENT FOR ELIGIBILITY FOR IN-STATE 
TUITION OF AT LEAST 50 PERCENT OF PARTICIPANTS IN 
SENIOR RESERVE OFFICERS’ TRAINING CORPS PROGRAM. 
Section 2107(c)(1) of title 10, United States Code, is amended 
by striking the third sentence. 
SEC. 552. CONSOLIDATION OF MILITARY DEPARTMENT AUTHORITY 
TO ISSUE ARMS, TENTAGE, AND EQUIPMENT TO EDU-
CATIONAL INSTITUTIONS NOT MAINTAINING UNITS OF 
JUNIOR RESERVE OFFICERS’ TRAINING CORPS. 
(a) CONSOLIDATION.—Chapter 102 of title 10, United States 
Code, is amended by adding at the end the following new section: 
‘‘§ 2034. Educational institutions not maintaining units of 
Junior Reserve Officers’ Training Corps: issuance 
of arms, tentage, and equipment 
‘‘The Secretary of a military department may issue arms, tent-
age, and equipment to an educational institution at which no unit 
of the Junior Reserve Officers’ Training Corps is maintained if 
the educational institution— 
‘‘(1) offers a course in military training prescribed by that 
Secretary; and 
‘‘(2) has a student body of at least 50 students who are 
in a grade above the eighth grade.’’. 
(b) REPEAL OF SEPARATE AUTHORITIES.—Sections 4651, 7911, 
and 9651 of such title are repealed. 
(c) CLERICAL AMENDMENTS.— 
(1) CONSOLIDATED
AUTHORITY.—The table of sections at 
the beginning of chapter 102 of such title is amended by adding 
at the end the following new item: 
‘‘2034. Educational institutions not maintaining units of Junior Reserve Officers’ 
Training Corps: issuance of arms, tentage, and equipment.’’. 
(2) ARMY AUTHORITY.—The table of sections at the begin-
ning of chapter 441 of such title is amended by striking the 
item relating to section 4651. 
(3) NAVY AUTHORITY.—The table of sections at the begin-
ning of chapter 667 of such title is amended by striking the 
item relating to section 7911. 
(4) AIR FORCE AUTHORITY.—The table of sections at the 
beginning of chapter 941 of such title is amended by striking 
the item relating to section 9651. 
10 USC 
prec. 9651. 
10 USC 
prec. 7911. 
10 USC 
prec. 4651. 
10 USC 
prec. 2031. 
10 USC 2034. 
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126 STAT. 1742 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 553. MODIFICATION OF REQUIREMENTS ON PLAN TO INCREASE 
THE NUMBER OF UNITS OF THE JUNIOR RESERVE OFFI-
CERS’ TRAINING CORPS. 
(a) NUMBER OF UNITS COVERED BY PLAN.—Subsection (a) of 
section 548 of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4466) 
is amended by striking ‘‘not less than 3,700 units’’ and inserting 
‘‘not less than 3,000, and not more than 3,700, units’’. 
(b) ADDITIONAL EXCEPTION.—Subsection (b) of such section is 
amended— 
(1) in paragraph (1), by striking ‘‘or’’ at the end; 
(2) in paragraph (2), by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(3) if the Secretaries of the military departments deter-
mine that the level of support of all kinds (including appro-
priated funds) provided to youth development programs within 
the Armed Forces is consistent with funding limitations and 
the achievement of the objectives of such programs.’’. 
(c) SUBMITTAL
OF
REVISED
PLAN
AND
IMPLEMENTATION 
REPORTS.—Subsection (e) of such section is amended to read as 
follows: 
‘‘(e) TIME FOR SUBMISSION.—Not later than March 31, 2013, 
the Secretary of Defense shall submit to the congressional defense 
committees a revised plan under subsection (a) to reflect amend-
ments made to subsections (a) and (b) during fiscal year 2013 
and a new report under subsection (d) to address the revised plan. 
The Secretary shall submit an updated report not later than March 
31 of each of 2015, 2018, and 2020.’’. 
SEC. 554. COMPTROLLER GENERAL REPORT ON RESERVE OFFICERS’ 
TRAINING CORPS PROGRAMS. 
(a) REPORT REQUIRED.—Not later than 270 days after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall submit to the congressional defense committees a report 
setting forth the assessment of the Comptroller General regarding 
the following: 
(1) Whether the Reserve Officers’ Training Corps (ROTC) 
programs of the military departments are effectively meeting, 
and structured to meet, current and projected requirements 
for newly commissioned officers in the Armed Forces. 
(2) The cost-effectiveness and unit productivity of the cur-
rent Reserve Officers’ Training Corps programs. 
(3) The adequacy of current oversight and criteria for the 
establishment and disestablishment of units of the Reserve 
Officers’ Training Corps. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include, at a minimum, the following: 
(1) A list of the units of the Reserve Officers’ Training 
Corps by Armed Force, and by college or university, and the 
number of cadets and midshipman currently enrolled by class 
or year group. 
(2) The number of officers commissioned in 2012 from 
the Reserve Officers’ Training Corps programs, and the number 
projected to be commissioned over the period of the current 
future-years defense program under section 221 of title 10, 
10 USC 2031 
note. 
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126 STAT. 1743 
PUBLIC LAW 112–239—JAN. 2, 2013 
United States Code, from each unit listed under paragraph 
(1). 
(3) An assessment of the requirements of each Armed Force 
for newly commissioned officers in 2012 and the strategic plan-
ning regarding such requirements over the period of the current 
future-years defense program. 
(4) The number of military and civilian personnel of the 
Department of Defense assigned to lead and manage units 
of the Reserve Officers’ Training Corps, and the grades of 
the military personnel so assigned. 
(5) An assessment of Department of Defense-wide and 
Armed-Force specific standards regarding the productivity of 
units of the Reserve Officers’ Training Corps, and an assess-
ment of compliance with such standards. 
(6) An assessment of the projected use by the Armed Forces 
of the procedures available to the Armed Forces to respond 
to overages in the number of cadets and midshipmen in the 
Reserve Officers’ Training Corps programs. 
(7) A description of the plans of the Armed Forces to 
retain or disestablish units of the Reserve Officers’ Training 
Corps that do not meet productivity standards. 
Subtitle G—Defense Dependents’ 
Education and Military Family Readiness 
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDU-
CATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 
DEFENSE CIVILIAN EMPLOYEES. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF 
MILITARY DEPENDENT STUDENTS.—Of the amount authorized to 
be appropriated for fiscal year 2013 by section 301 and available 
for operation and maintenance for Defense-wide activities as speci-
fied in the funding table in section 4301, $25,000,000 shall be 
available only for the purpose of providing assistance to local edu-
cational agencies under subsection (a) of section 572 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 
163; 20 U.S.C. 7703b). 
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE 
TO
BASE
CLOSURES, FORCE
STRUCTURE
CHANGES, OR
FORCE 
RELOCATIONS.— 
(1) EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE.— 
Section 572(b)(4) of the National Defense Authorization Act 
for Fiscal Year 2006 (20 U.S.C. 7703b(b)(4)) is amended by 
striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 
2014’’. 
(2) AMOUNT OF ASSISTANCE AUTHORIZED.—Of the amount 
authorized to be appropriated for fiscal year 2013 by section 
301 and available for operation and maintenance for Defense- 
wide activities as specified in the funding table in section 
4301, $5,000,000 shall be available only for the purpose of 
providing assistance to local educational agencies under sub-
section (b) of section 572 of the National Defense Authorization 
Act for Fiscal Year 2006 (20 U.S.C. 7703b). 
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126 STAT. 1744 
PUBLIC LAW 112–239—JAN. 2, 2013 
(c) REPEAL OF OBSOLETE FUNDING REFERENCE.—Section 572 
of the National Defense Authorization Act for Fiscal Year 2006 
(20 U.S.C. 7703b) is amended— 
(1) by striking subsection (e); and 
(2) by redesignating subsection (f) as subsection (e). 
(d) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 
the term ‘‘local educational agency’’ has the meaning given that 
term in section 8013(9) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 
Of the amount authorized to be appropriated for fiscal year 
2013 pursuant to section 301 and available for operation and 
maintenance for Defense-wide activities as specified in the funding 
table in section 4301, $5,000,000 shall be available for payments 
under section 363 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 
SEC. 563. AMENDMENTS TO THE IMPACT AID PROGRAM. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Impact 
Aid Improvement Act of 2012’’. 
(b) AMENDMENTS
TO
THE IMPACT AID PROGRAM.—Title VIII 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7701 et seq.) is amended— 
(1) in section 8002 (20 U.S.C. 7702)— 
(A) in subsection (a)— 
(i) by striking ‘‘for a fiscal year ending prior to 
October 1, 2003’’; and 
(ii) by inserting ‘‘or (h)’’ after ‘‘subsection (b)’’; 
(B) in subsection (b)— 
(i) in paragraph (2), by striking ‘‘aggregate 
assessed’’ and inserting ‘‘estimated taxable’’; and 
(ii) by striking paragraph (3) and inserting the 
following: 
‘‘(3) DETERMINATION OF TAXABLE VALUE FOR ELIGIBLE FED-
ERAL PROPERTY.— 
‘‘(A) IN GENERAL.—In determining the estimated tax-
able value of such acquired Federal property for fiscal 
year 2010 and each succeeding fiscal year, the Secretary 
shall— 
‘‘(i) first determine the total taxable value for the 
purpose of levying property tax for school purposes 
for current expenditures of real property located within 
the boundaries of such local educational agency; 
‘‘(ii) then determine the per acre value of the 
eligible Federal property by dividing the total taxable 
value as determined in clause (i) by the difference 
between the total acres located within the boundaries 
of the local educational agency and the number of 
Federal acres eligible under this section; and 
‘‘(iii) then determine the total taxable value of 
the eligible Federal property by multiplying the per 
acre value as calculated under clause (ii) by the number 
of Federal acres eligible under this section. 
‘‘(B) SPECIAL RULE.—In the case of Federal property 
eligible under this section that is within the boundaries 
Impact Aid 
Improvement Act 
of 2012. 
20 USC 6301 
note. 
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126 STAT. 1745 
PUBLIC LAW 112–239—JAN. 2, 2013 
of 2 or more local educational agencies, such a local edu-
cational agency may ask the Secretary to calculate the 
per acre value of each such local educational agency as 
provided under subparagraph (A) and apply the average 
of these per acre values to the acres of the Federal property 
in such agency.’’; and 
(C) in subsection (h)— 
(i) in paragraph (1)— 
(I) in the paragraph heading, by striking ‘‘FOR 
PRE-1995 RECIPIENTS ’’ and inserting ‘‘FOR PRE-2010 
RECIPIENTS’’; and 
(II) by striking subparagraphs (A) and (B) and 
inserting the following: 
‘‘(A) IN GENERAL.—The Secretary shall first make a 
foundation payment to each local educational agency that 
is determined by the Secretary to be eligible to receive 
a payment under this section for the fiscal year involved 
and that filed a timely application, and met, or has been 
determined by statute to meet, the eligibility requirements 
of subsection (a) for fiscal year 2009. 
‘‘(B) AMOUNT.— 
‘‘(i) IN GENERAL.—The amount of a payment under 
subparagraph (A) for a local educational agency shall 
be equal to the greater of 90 percent of the payment 
the local educational agency received from dollars 
appropriated for fiscal year 2009 or 90 percent of the 
average payment that the local educational agency 
received from dollars appropriated for fiscal years 2006, 
2007, 2008, and 2009, and shall be calculated without 
regard to the maximum payment provisions in sub-
section (b)(1)(C). 
‘‘(ii) EXCEPTION.—In calculating such average pay-
ment for a local educational agency that did not receive 
a payment under subsection (b) for 1 or more of the 
fiscal years between fiscal year 2006 and 2009, inclu-
sive, the lowest such payment made to the agency 
for fiscal year 2006, 2007, 2008, or 2009, shall be 
treated as the payment that the agency received under 
subsection (b) for each fiscal year for which the agency 
did not receive such a payment.’’; and 
(ii) by striking paragraphs (2) through (4) and 
inserting the following: 
‘‘(2) FOUNDATION PAYMENTS FOR NEW APPLICANTS.— 
‘‘(A) FIRST YEAR.—From any amounts remaining after 
making payments under paragraph (1) and subsection (i)(1) 
for the fiscal year involved, the Secretary shall make a 
payment, in an amount determined in accordance with 
subparagraph (C), to each local educational agency that 
the Secretary determines eligible for a payment under this 
section for a fiscal year after fiscal year 2009 and that 
did not receive a payment under paragraph (1) for the 
fiscal year for which such agency was determined eligible 
for such payment. 
‘‘(B) SECOND AND SUCCEEDING YEARS.—For any suc-
ceeding fiscal year after the first fiscal year that a local 
educational agency receives a foundation payment under 
subparagraph (A), the amount of the local educational 
Payment. 
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126 STAT. 1746 
PUBLIC LAW 112–239—JAN. 2, 2013 
agency’s foundation payment under this paragraph for such 
succeeding fiscal year shall be equal to the local educational 
agency’s foundation payment under this paragraph for the 
first fiscal year. 
‘‘(C) AMOUNTS.—The amount of a payment under 
subparagraph (A) for a local educational agency shall be 
determined as follows: 
‘‘(i) Calculate the local educational agency’s max-
imum payment under subsection (b). 
‘‘(ii) Calculate the percentage that the amount 
appropriated under section 8014(a) for the most recent 
fiscal year for which the Secretary has completed 
making payments under this section is of the total 
maximum payments for such fiscal year for all local 
educational agencies eligible for a payment under sub-
section (b) and multiply the agency’s maximum pay-
ment by such percentage. 
‘‘(iii) Multiply the amount determined under clause 
(ii) by 90 percent. 
‘‘(D) INSUFFICIENT FUNDS.—If the amount appropriated 
under section 8014(a) of this title is insufficient to pay 
the full amount determined under this paragraph for all 
eligible local educational agencies for the fiscal year, then 
the Secretary shall ratably reduce the payment to each 
local educational agency under this paragraph. 
‘‘(3) REMAINING FUNDS.—From any funds remaining after 
making payments under paragraphs (1) and (2) for the fiscal 
year involved, the Secretary shall make a payment to each 
local educational agency that received a foundation payment 
under paragraph (1) or (2) or subsection (i)(1), for the fiscal 
year involved in an amount that bears the same relation to 
the remainder as a percentage share determined for the local 
educational agency (by dividing the maximum amount that 
the agency is eligible to receive under subsection (b) by the 
total of the maximum amounts for all such agencies) bears 
to the percentage share determined (in the same manner) for 
all local educational agencies eligible to receive a payment 
under this section for the fiscal year involved, except that, 
for the purpose of calculating a local educational agency’s max-
imum amount under subsection (b), data from the most current 
fiscal year shall be used. 
‘‘(4) DATA.—For each local educational agency that received 
a payment under this section for fiscal year 2010 through 
the fiscal year in which the Impact Aid Improvement Act of 
2012 is enacted, the Secretary shall not make a payment under 
paragraph (3) to a local educational agency that fails to submit, 
within 60 days of the date the Secretary notifies the agency 
that the information is needed, the data necessary to calculate 
the maximum amount of a payment under subsection (b) for 
that local educational agency.’’; 
(2) by striking section 8003(a)(4) (20 U.S.C. 7703(a)(4)) 
and inserting the following: 
‘‘(4) MILITARY INSTALLATION AND INDIAN HOUSING UNDER-
GOING RENOVATION OR REBUILDING.— 
‘‘(A) MILITARY INSTALLATION HOUSING.—Beginning in 
fiscal year 2014, in determining the amount of a payment 
for a local educational agency for children described in 
Effective date. 
Determination. 
Certification. 
Deadline. 
Determination. 
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126 STAT. 1747 
PUBLIC LAW 112–239—JAN. 2, 2013 
paragraph (1)(D)(i), the Secretary shall consider those chil-
dren as if they were children described in paragraph (1)(B) 
if the Secretary determines, on the basis of a certification 
provided to the Secretary by a designated representative 
of the Secretary of Defense, that those children would 
have resided in housing on Federal property if the housing 
was not undergoing renovation or rebuilding. The total 
number of children treated as children described in para-
graph (1)(B) shall not exceed the lessor of— 
‘‘(i) the total number of children eligible under 
paragraph (1)(B) for the year prior to the initiation 
of the housing project on Federal property undergoing 
renovation or rebuilding; or 
‘‘(ii) the total number of Federally connected chil-
dren enrolled at the local educational agency as stated 
in the application filed for the payment for the year 
for which the determination is made. 
‘‘(B) INDIAN
LANDS.—Beginning in fiscal year 2014, 
in determining the amount of a payment for a local edu-
cational agency that received a payment for children that 
resided on Indian lands in accordance with paragraph 
(1)(C) for the fiscal year prior to the fiscal year for which 
the local educational agency is making an application, the 
Secretary shall consider those children to be children 
described in paragraph (1)(C) if the Secretary determines 
on the basis of a certification provided to the Secretary 
by a designated representative of the Secretary of the 
Interior or the Secretary of Housing and Urban Develop-
ment that those children would have resided in housing 
on Indian lands if the housing was not undergoing renova-
tion or rebuilding. The total number of children treated 
as children described in paragraph (1)(C) shall not exceed 
the lessor of— 
‘‘(i) the total number of children eligible under 
paragraph (1)(C) for the year prior to the initiation 
of the housing project on Indian lands undergoing ren-
ovation or rebuilding; or 
‘‘(ii) the total number of Federally connected chil-
dren enrolled at the local educational agency as stated 
in the application filed for the payment for the year 
for which the determination is made. 
‘‘(C) ELIGIBLE
HOUSING.—Renovation or rebuilding 
shall be defined as projects considered as capitalization, 
modernization, or restoration, as defined by the Secretary 
of Defense or the Secretary of the Interior (as the case 
may be) and are projects that last more than 30 days, 
but do not include ‘sustainment projects’ such as painting, 
carpeting, or minor repairs.’’; and 
(3) in section 8010 (20 U.S.C. 7710)— 
(A) in subsection (c)(1), by striking ‘‘paragraph (3) of 
this subsection’’ both places the term appears and inserting 
‘‘paragraph (2)’’; and 
(B) by adding at the end the following: 
‘‘(d) TIMELY PAYMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
shall pay a local educational agency the full amount that the 
agency is eligible to receive under this title for a fiscal year 
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126 STAT. 1748 
PUBLIC LAW 112–239—JAN. 2, 2013 
not later than September 30 of the second fiscal year following 
the fiscal year for which such amount has been appropriated 
if, not later than 1 calendar year following the fiscal year 
in which such amount has been appropriated, such local edu-
cational agency submits to the Secretary all the data and 
information necessary for the Secretary to pay the full amount 
that the agency is eligible to receive under this title for such 
fiscal year. 
‘‘(2) PAYMENTS WITH RESPECT OF FISCAL YEARS IN WHICH 
INSUFFICIENT FUNDS ARE APPROPRIATED.—For a fiscal year in 
which the amount appropriated under section 8014 is insuffi-
cient to pay the full amount a local educational agency is 
eligible to receive under this title, paragraph (1) shall be applied 
by substituting ‘is available to pay the agency’ for ‘the agency 
is eligible to receive’ each place the term appears.’’. 
(c) EFFECTIVE DATE, IMPLEMENTATION, AND REPEAL.— 
(1) IN
GENERAL.—The amendments made by subsection 
(b) shall be effective for a 2-year period beginning on the 
date of enactment of this Act. 
(2) EFFECTIVE DATE.—Notwithstanding section 8005(d) of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7705(d)), subsection (b)(1), and the amendments made by sub-
section (b)(1), shall take effect with respect to applications 
submitted under section 8002 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7702) for fiscal year 2010. 
(3) IMPLEMENTATION.—The Secretary of Education shall 
carry out the amendments made by this section without regard 
to the rulemaking procedures under section 553 of title 5, 
United States Code. 
(4) REPEAL.—The amendments made by subsection (b) shall 
be repealed on the day after the 2-year period described in 
paragraph (1) and title VIII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7701 et seq.) shall be applied 
as if such subsection and the amendments made by such sub-
section had never been enacted. 
SEC. 564. TRANSITIONAL COMPENSATION FOR DEPENDENT CHILDREN 
WHO ARE CARRIED DURING PREGNANCY AT TIME OF 
DEPENDENT-ABUSE OFFENSE COMMITTED BY AN INDI-
VIDUAL WHILE A MEMBER OF THE ARMED FORCES. 
(a) IN GENERAL.—Section 1059 of title 10, United States Code, 
is amended— 
(1) in subsection (f), by adding at the end the following 
new paragraph: 
‘‘(4) Payment to a child under this section shall not cover 
any period before the birth of the child.’’; and 
(2) in subsection (l), by striking ‘‘at the time of the 
dependent-abuse offense resulting in the separation of the 
former member’’ in the matter preceding paragraph (1) and 
inserting ‘‘or eligible spouse at the time of the dependent- 
abuse offense resulting in the separation of the former member 
or who was carried during pregnancy at the time of the 
dependent-abuse offense resulting in the separation of the 
former member and was subsequently born alive to the eligible 
spouse or former spouse’’. 
Applicability. 
20 USC 7702, 
7703, 7710. 
20 USC 7702 
note. 
Time period. 
Applicability. 
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126 STAT. 1749 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) PROSPECTIVE APPLICABILITY.—No benefits shall accrue by 
reason of the amendments made by this section for any month 
that begins before the date of the enactment of this Act. 
SEC. 565. MODIFICATION OF AUTHORITY TO ALLOW DEPARTMENT OF 
DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SEC-
ONDARY SCHOOLS TO ENROLL CERTAIN STUDENTS. 
Section 2164 of title 10, United States Code, is amended by 
adding at the end the following new subsections: 
‘‘(k) ENROLLMENT OF RELOCATED DEFENSE DEPENDENTS’ EDU-
CATION SYSTEM STUDENTS.—(1) The Secretary of Defense may 
authorize the enrollment in a Department of Defense education 
program provided by the Secretary pursuant to subsection (a) of 
a dependent of a member of the armed forces or a dependent 
of a Federal employee who is enrolled in the defense dependents’ 
education system established under section 1402 of the Defense 
Dependents’ Education Act of 1978 (20 U.S.C. 921) if— 
‘‘(A) the dependents departed the overseas location as a 
result of a evacuation order; 
‘‘(B) the designated safe haven of the dependent is located 
within reasonable commuting distance of a school operated 
by the Department of Defense education program; and 
‘‘(C) the school possesses the capacity and resources nec-
essary to enable the student to attend the school. 
‘‘(2) Unless waived by the Secretary of Defense, a dependent 
described in paragraph (1) who is enrolled in a school operated 
by the Department of Defense education program pursuant to such 
paragraph may attend the school only through the end of the 
school year. 
‘‘(l) ENROLLMENT
IN VIRTUAL ELEMENTARY
AND SECONDARY 
EDUCATION PROGRAM.—(1) Under regulations prescribed by the Sec-
retary of Defense, the Secretary may authorize the enrollment 
in the virtual elementary and secondary education program estab-
lished as a component of the Department of Defense education 
program of a dependent of a member of the armed forces on active 
duty who— 
‘‘(A) is enrolled in an elementary or secondary school oper-
ated by a local educational agency or another accredited edu-
cational program in the United States (other than a school 
operated by the Department of Defense education program); 
and 
‘‘(B) immediately before such enrollment, was enrolled in 
the defense dependents’ education system established under 
section 1402 of the Defense Dependents’ Education Act of 1978 
(20 U.S.C. 921). 
‘‘(2) Enrollment of a dependent described in paragraph (1) 
pursuant to such paragraph shall be on a tuition basis.’’. 
SEC. 566. NONCOMPETITIVE APPOINTMENT AUTHORITY REGARDING 
CERTAIN MILITARY SPOUSES. 
(a) IN GENERAL.—Subchapter I of chapter 33 of title 5, United 
States Code, is amended by adding at the end the following new 
section: 
‘‘§ 3330d. Appointment of certain military spouses 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) The term ‘active duty’— 
10 USC 3330d. 
Regulations. 
10 USC 1059 
note. 
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126 STAT. 1750 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(A) has the meaning given that term in section 
101(d)(1) of title 10; 
‘‘(B) includes full-time National Guard duty (as defined 
in section 101(d)(5) of title 10); and 
‘‘(C) for a member of a reserve component (as described 
in section 10101 of title 10), does not include training 
duties or attendance at a service school. 
‘‘(2) The term ‘agency’— 
‘‘(A) has the meaning given the term ‘Executive agency’ 
in section 105 of this title; and 
‘‘(B) does not include the Government Accountability 
Office. 
‘‘(3) The term ‘geographic area of the permanent duty sta-
tion’ means the area from which individuals reasonably can 
be expected to travel daily to and from work at the location 
of a member’s permanent duty station. 
‘‘(4) The term ‘permanent change of station’ means the 
assignment, detail, or transfer of a member of the Armed Forces 
who is on active duty and serving at a permanent duty station 
under a competent authorization or order that does not— 
‘‘(A) specify the duty as temporary; 
‘‘(B) provide for assignment, detail, or transfer, after 
that different permanent duty station, to a further different 
permanent duty station; or 
‘‘(C) direct return to the initial permanent duty station. 
‘‘(5) The term ‘relocating spouse of a member of the Armed 
Forces’ means an individual who— 
‘‘(A) is married to a member of the Armed Forces 
(on or prior to a permanent change of station of the 
member) who is ordered to active duty for a period of 
more than 180 consecutive days; 
‘‘(B) relocates to the member’s permanent duty station; 
and 
‘‘(C) before relocating as described in subparagraph 
(B), resided outside the geographic area of the permanent 
duty station. 
‘‘(6) The term ‘spouse of a disabled or deceased member 
of the Armed Forces’ means an individual— 
‘‘(A) who is married to a member of the Armed Forces 
who— 
‘‘(i) is retired, released, or discharged from the 
Armed Forces; and 
‘‘(ii) on the date on which the member retires, 
is released, or is discharged, has a disability rating 
of 100 percent under the standard schedule of rating 
disabilities in use by the Department of Veterans 
Affairs; or 
‘‘(B) who— 
‘‘(i) was married to a member of the Armed Forces 
on the date on which the member dies while on active 
duty in the Armed Forces; and 
‘‘(ii) has not remarried. 
‘‘(b) APPOINTMENT AUTHORITY.—The head of an agency may 
appoint noncompetitively— 
‘‘(1) a relocating spouse of a member of the Armed Forces; 
or 
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126 STAT. 1751 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) a spouse of a disabled or deceased member of the 
Armed Forces. 
‘‘(c) SPECIAL RULES REGARDING RELOCATING SPOUSE.— 
‘‘(1) IN GENERAL.—An appointment of a relocating spouse 
of a member of the Armed Forces under this section may 
only be to a position the duty station for which is within 
the geographic area of the permanent duty station of the 
member of the Armed Forces, unless there is no agency with 
a position with a duty station within the geographic area of 
the permanent duty station of the member of the Armed Forces. 
‘‘(2) SINGLE PERMANENT APPOINTMENT PER DUTY STATION.— 
A relocating spouse of a member of the Armed Forces may 
not receive more than 1 permanent appointment under this 
section for each time the spouse relocates as described in sub-
paragraphs (B) and (C) of subsection (a)(5). 
‘‘(d) SPECIAL RULES REGARDING SPOUSE
OF
A DISABLED
OR 
DECEASED MEMBER OF THE ARMED FORCES.— 
‘‘(1) IN GENERAL.—An appointment of an eligible spouse 
as described in subparagraph (A) or (B) of subsection (a)(6) 
is not restricted to a geographical area. 
‘‘(2) SINGLE PERMANENT APPOINTMENT.—A spouse of a dis-
abled or deceased member of the Armed Forces may not receive 
more than 1 permanent appointment under this section.’’. 
(b) REGULATIONS.—Not later than 180 after the date of the 
enactment of this Act, the Director of the Office of Personnel 
Management shall amend section 315.612 of title 5, Code of Federal 
Regulations (relating to noncompetitive appointment of certain mili-
tary spouses), in accordance with the amendment made by sub-
section (a) and promulgate or amend any other regulations nec-
essary to carry out the amendment made by subsection (a). 
(c) CLERICAL AMENDMENT.—The table of sections for chapter 
33 of title 5, United States Code, is amended by inserting after 
the item relating to section 3330c the following new item: 
‘‘3330d. Appointment of certain military spouses.’’. 
SEC. 567. REPORT ON FUTURE OF FAMILY SUPPORT PROGRAMS OF 
THE DEPARTMENT OF DEFENSE. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the anticipated 
future of the family support programs of the Department of Defense 
during the five-year period beginning on the date of the submittal 
of the report as end strengths for the Armed Forces are reduced 
and the Armed Forces are drawn down from combat operations 
in Afghanistan. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A description of the current family support programs 
of each of the Armed Forces and the Department of Defense, 
including the name, scope and intended purpose of each pro-
gram. 
(2) An assessment of the current costs of the family support 
programs covered by paragraph (1), and an estimate of the 
costs of anticipated family support programs of the Armed 
Forces and Department over the period covered by the report. 
(3) An assessment of the costs and other consequences 
associated with the elimination or reduction of any current 
5 USC 
prec. 3301. 
Deadline. 
5 USC 3330d 
note. 
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126 STAT. 1752 
PUBLIC LAW 112–239—JAN. 2, 2013 
family support programs covered by paragraph (1) over the 
period covered by the report. 
(4) An assessment of the family support programs of each 
of the Armed Forces covered by paragraph (1), including any 
planned or anticipated changes to the programs over the period 
covered by the report. 
SEC. 568. SENSE OF CONGRESS REGARDING SUPPORT FOR YELLOW 
RIBBON DAY. 
Congress supports the goals and ideals of Yellow Ribbon Day 
in honor of members of the Armed Forces and other individuals 
of the United States who are serving overseas apart from their 
families and loved ones. 
Subtitle H—Improved Sexual Assault Pre-
vention and Response in the Armed 
Forces 
SEC. 570. ARMED FORCES WORKPLACE AND GENDER RELATIONS SUR-
VEYS. 
(a) ADDITIONAL CONTENT OF SURVEYS.—Subsection (c) of section 
481 of title 10, United States Code, is amended— 
(1) by striking ‘‘harassment and discrimination’’ and 
inserting ‘‘harassment, assault, and discrimination’’; 
(2) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4); respectively; 
(3) by inserting after paragraph (1) the following new para-
graph (2): 
‘‘(2) The specific types of assault that have occurred, and 
the number of times each respondent has been assaulted during 
the preceding year.’’; 
(4) in paragraph (4), as so redesignated, by striking 
‘‘discrimination’’ and inserting ‘‘discrimination, harassment, and 
assault’’; and 
(5) by adding at the end the following new paragraph: 
‘‘(5) Any other issues relating to discrimination, harass-
ment, or assault as the Secretary of Defense considers appro-
priate.’’. 
(b) TIME FOR CONDUCTING OF SURVEYS.—Such section is further 
amended— 
(1) in subsection (a)(1), by striking ‘‘four quadrennial sur-
veys (each in a separate year)’’ and inserting ‘‘four surveys’’; 
and 
(2) by striking subsection (d) and inserting the following 
new subsection: 
‘‘(d) WHEN SURVEYS REQUIRED.—(1) One of the two Armed 
Forces Workplace and Gender Relations Surveys shall be conducted 
in 2014 and then every second year thereafter and the other Armed 
Forces Workplace and Gender Relations Survey shall be conducted 
in 2015 and then every second year thereafter, so that one of 
the two surveys is being conducted each year. 
‘‘(2) The two Armed Forces Workplace and Equal Opportunity 
Surveys shall be conducted at least once every four years. The 
two surveys may not be conducted in the same year.’’. 
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PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 571. AUTHORITY TO RETAIN OR RECALL TO ACTIVE DUTY 
RESERVE COMPONENT MEMBERS WHO ARE VICTIMS OF 
SEXUAL ASSAULT WHILE ON ACTIVE DUTY. 
(a) IN GENERAL.—Chapter 1209 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 12323. Active duty pending line of duty determination 
required for response to sexual assault 
‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the case of a member 
of a reserve component who is the alleged victim of sexual assault 
committed while on active duty and who is expected to be released 
from active duty before the determination is made regarding 
whether the member was assaulted while in the line of duty (in 
this section referred to as a ‘line of duty determination’), the Sec-
retary concerned, upon the request of the member, may order 
the member to be retained on active duty until completion of the 
line of duty determination. A member eligible for continuation 
on active duty under this subsection shall be informed as soon 
as practicable after the alleged assault of the option to request 
continuation on active duty under this subsection. 
‘‘(b) RETURN TO ACTIVE DUTY.—In the case of a member of 
a reserve component not on active duty who is the alleged victim 
of a sexual assault that occurred while the member was on active 
duty and when the line of duty determination is not completed, 
the Secretary concerned, upon the request of the member, may 
order the member to active duty for such time as necessary for 
completion of the line of duty determination. 
‘‘(c) REGULATIONS.—The Secretaries of the military departments 
shall prescribe regulations to carry out this section, subject to 
guidelines prescribed by the Secretary of Defense. The guidelines 
of the Secretary of Defense shall provide that— 
‘‘(1) a request submitted by a member described in sub-
section (a) or (b) to continue on active duty, or to be ordered 
to active duty, respectively, must be decided within 30 days 
from the date of the request; and 
‘‘(2) if the request is denied, the member may appeal to 
the first general officer or flag officer in the chain of command 
of the member, and in the case of such an appeal a decision 
on the appeal must be made within 15 days from the date 
of the appeal.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 1209 of such title is amended adding at the end 
the following new item: 
‘‘12323. Active duty pending line of duty determination required for response to sex-
ual assault.’’. 
SEC. 572. ADDITIONAL ELEMENTS IN COMPREHENSIVE DEPARTMENT 
OF DEFENSE POLICY ON SEXUAL ASSAULT PREVENTION 
AND RESPONSE. 
(a) POLICY MODIFICATIONS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
modify the revised comprehensive policy for the Department of 
Defense sexual assault prevention and response program required 
by section 1602 of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4430; 
10 U.S.C. 1561 note) to include in the policy the following new 
requirements: 
Deadline. 
10 USC 
prec. 12301. 
Guidelines. 
Deadlines. 
10 USC 12323. 
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126 STAT. 1754 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) Subject to subsection (b), a requirement that the Sec-
retary of each military department establish a record on the 
disposition of any Unrestricted Report of sexual assault 
involving a member of the Armed Forces, whether such disposi-
tion is court martial, nonjudicial punishment, or other adminis-
trative action. 
(2) A requirement that the Secretary of each military 
department establish policies to require the processing for 
administrative separation of any member of the Armed Forces 
under the jurisdiction of such Secretary whose conviction for 
a covered offense is final and who is not punitively discharged 
from the Armed Forces in connection with such conviction. 
Such requirement— 
(A) shall ensure that any separation decision is based 
on the full facts of the case and that due process procedures 
are provided under regulations prescribed by the Secretary 
of Defense; and 
(B) shall not be interpreted to limit or alter the 
authority of the Secretary of the military department con-
cerned to process members of the Armed Forces for 
administrative separation for other offenses or under other 
provisions of law. 
(3) A requirement that the commander of each military 
command and other units specified by the Secretary of Defense 
for purposes of the policy shall conduct, within 120 days after 
the commander assumes command and at least annually there-
after while retaining command, a climate assessment of the 
command or unit for purposes of preventing and responding 
to sexual assaults. The climate assessment shall include an 
opportunity for members of the Armed Forces to express their 
opinions regarding the manner and extent to which their 
leaders, including commanders, respond to allegations of sexual 
assault and complaints of sexual harassment and the effective-
ness of such response. 
(4) A requirement to post and widely disseminate informa-
tion about resources available to report and respond to sexual 
assaults, including the establishment of hotline phone numbers 
and Internet websites available to all members of the Armed 
Forces. 
(5) A requirement for a general education campaign to 
notify members of the Armed Forces regarding the authorities 
available under chapter 79 of title 10, United States Code, 
for the correction of military records when a member experi-
ences any retaliatory personnel action for making a report 
of sexual assault or sexual harassment. 
(b) 
ADDITIONAL
REQUIREMENTS
REGARDING
DISPOSITION 
RECORDS OF SEXUAL ASSAULT REPORTS.— 
(1) ELEMENTS.—The record of the disposition of an Unre-
stricted Report of sexual assault established under subsection 
(a)(1) shall include information regarding the following, as 
appropriate: 
(A) Documentary information collected about the 
incident, other than investigator case notes. 
(B) Punishment imposed, including the sentencing by 
judicial or non-judicial means, including incarceration, 
fines, restriction, and extra duty as a result of military 
Notification. 
Communication 
and tele- 
communications. 
Deadline. 
Assessment. 
Procedures. 
Regulations. 
Records. 
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126 STAT. 1755 
PUBLIC LAW 112–239—JAN. 2, 2013 
court-martial, Federal or local court and other sentencing, 
or any other punishment imposed. 
(C) Adverse administrative actions taken against the 
subject of the investigation, if any. 
(D) Any pertinent referrals made for the subject of 
the investigation, offered as a result of the incident, such 
as drug and alcohol counseling and other types of coun-
seling or intervention. 
(2) RETENTION
OF
RECORDS.—The Secretary of Defense 
shall require that— 
(A) the disposition records established pursuant to sub-
section (a)(1) be retained for a period of not less than 
20 years; and 
(B) information from the records that satisfies the 
reporting requirements established in section 1631 of the 
Ike Skelton National Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) be 
incorporated into the Defense Sexual Assault Incident 
Database and maintained for the same period as applies 
to retention of the records under subparagraph (A). 
(c) COVERED OFFENSE DEFINED.—For purposes of subsection 
(a)(2), the term ‘‘covered offense’’ means the following: 
(1) Rape or sexual assault under subsection (a) or (b) of 
section 920 of title 10, United States Code (article 120 of 
the Uniform Code of Military Justice). 
(2) Forcible sodomy under section 925 of title 10, United 
States Code (article 125 of the Uniform Code of Military Jus-
tice). 
(3) An attempt to commit an offense specified in paragraph 
(1) or (2) under section 880 of title 10, United States Code 
(article 80 of the Uniform Code of Military Justice). 
SEC. 573. ESTABLISHMENT OF SPECIAL VICTIM CAPABILITIES WITHIN 
THE MILITARY DEPARTMENTS TO RESPOND TO ALLEGA-
TIONS OF CERTAIN SPECIAL VICTIM OFFENSES. 
(a) ESTABLISHMENT REQUIRED.—Under regulations prescribed 
by the Secretary of Defense, the Secretary of each military depart-
ment shall establish special victim capabilities for the purposes 
of— 
(1) investigating and prosecuting allegations of child abuse, 
serious domestic violence, or sexual offenses; and 
(2) providing support for the victims of such offenses. 
(b) PERSONNEL.—The special victim capabilities developed 
under subsection (a) shall include specially trained and selected— 
(1) investigators from the Army Criminal Investigative 
Command, Naval Criminal Investigative Service, or Air Force 
Office of Special Investigations; 
(2) judge advocates; 
(3) victim witness assistance personnel; and 
(4) administrative paralegal support personnel. 
(c) TRAINING, SELECTION, AND CERTIFICATION STANDARDS.—The 
Secretary of Defense shall prescribe standards for the training, 
selection, and certification of personnel who will provide special 
victim capabilities for a military department. 
(d) DISCRETION REGARDING EXTENT OF CAPABILITIES.— 
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
of a military department shall determine the extent to which 
Determination. 
Regulations. 
10 USC 1561 
note. 
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126 STAT. 1756 
PUBLIC LAW 112–239—JAN. 2, 2013 
special victim capabilities will be established within the mili-
tary department and prescribe regulations for the management 
and use of the special victim capabilities. 
(2) REQUIRED
ELEMENTS.—At a minimum, the special 
victim capabilities established within a military department 
must provide effective, timely, and responsive world-wide sup-
port for the purposes described in subsection (a). 
(e) TIME FOR ESTABLISHMENT.— 
(1) IMPLEMENTATION PLAN.—Not later than 270 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report containing— 
(A) the plans and time lines of the Secretaries of the 
military departments for the establishment of the special 
victims capabilities; and 
(B) an assessment by the Secretary of Defense of the 
plans and time lines. 
(2) INITIAL CAPABILITIES.—Not later than one year after 
the date of the enactment of this Act, the Secretary of each 
military department shall have available an initial special 
victim capability consisting of the personnel specified in sub-
section (b). 
(f) EVALUATION OF EFFECTIVENESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall— 
(1) prescribe the common criteria to be used by the Secre-
taries of the military departments to measure the effectiveness 
and impact of the special victim capabilities from the investiga-
tive, prosecutorial, and victim’s perspectives; and 
(2) require the Secretaries of the military departments 
to collect and report the data used to measure such effectiveness 
and impact. 
(g) SPECIAL VICTIM CAPABILITIES DEFINED.—In this section, 
the term ‘‘special victim capabilities’’ means a distinct, recognizable 
group of appropriately skilled professionals who work collaboratively 
to achieve the purposes described in subsection (a). This section 
does not require that the special victim capabilities be created 
as separate military unit or have a separate chain of command. 
SEC. 574. ENHANCEMENT TO TRAINING AND EDUCATION FOR SEXUAL 
ASSAULT PREVENTION AND RESPONSE. 
Section 585 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1434; 10 U.S.C. 1561 
note) is amended by adding at the end the following new sub-
sections: 
‘‘(d) COMMANDERS’ TRAINING.—The Secretary of Defense shall 
provide for the inclusion of a sexual assault prevention and response 
training module in the training for new or prospective commanders 
at all levels of command. The training shall be tailored to the 
responsibilities and leadership requirements of members of the 
Armed Forces as they are assigned to command positions. Such 
training shall include the following: 
‘‘(1) Fostering a command climate that does not tolerate 
sexual assault. 
‘‘(2) Fostering a command climate in which persons 
assigned to the command are encouraged to intervene to pre-
vent potential incidents of sexual assault. 
Reports. 
Criteria. 
Deadline. 
Reports. 
Deadlines. 
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126 STAT. 1757 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(3) Fostering a command climate that encourages victims 
of sexual assault to report any incident of sexual assault. 
‘‘(4) Understanding the needs of, and the resources avail-
able to, the victim after an incident of sexual assault. 
‘‘(5) Use of military criminal investigative organizations 
for the investigation of alleged incidents of sexual assault. 
‘‘(6) Available disciplinary options, including court-martial, 
non-judicial punishment, administrative action, and deferral 
of discipline for collateral misconduct, as appropriate. 
‘‘(e) EXPLANATION
TO BE INCLUDED
IN INITIAL ENTRY
AND 
ACCESSION TRAINING.— 
‘‘(1) REQUIREMENT.—The Secretary of Defense shall require 
that the matters specified in paragraph (2) be carefully 
explained to each member of the Army, Navy, Air Force, and 
Marine Corps at the time of (or within fourteen duty days 
after)— 
‘‘(A) the member’s initial entrance on active duty; or 
‘‘(B) the member’s initial entrance into a duty status 
with a reserve component. 
‘‘(2) MATTERS TO BE EXPLAINED.—This subsection applies 
with respect to the following: 
‘‘(A) Department of Defense policy with respect to 
sexual assault. 
‘‘(B) The resources available with respect to sexual 
assault reporting and prevention and the procedures to 
be followed by a member seeking to access those 
resources.’’. 
SEC. 575. MODIFICATION OF ANNUAL DEPARTMENT OF DEFENSE 
REPORTING 
REQUIREMENTS 
REGARDING 
SEXUAL 
ASSAULTS. 
(a) GREATER DETAIL IN CASE SYNOPSES PORTION OF REPORT.— 
Section 1631 of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4433; 
10 U.S.C. 1561 note) is amended by adding at the end the following 
new subsection: 
‘‘(f) ADDITIONAL DETAILS
FOR CASE SYNOPSES PORTION
OF 
REPORT.—The Secretary of each military department shall include 
in the case synopses portion of each report described in subsection 
(b)(3) the following additional information: 
‘‘(1) If charges are dismissed following an investigation 
conducted under section 832 of title 10, United States Code 
(article 32 of the Uniform Code of Military Justice), the case 
synopsis shall include the reason for the dismissal of the 
charges. 
‘‘(2) If the case synopsis states that a member of the Armed 
Forces accused of committing a sexual assault was administra-
tively separated or, in the case of an officer, allowed to resign 
in lieu of facing a court-martial, the case synopsis shall include 
the characterization (honorable, general, or other than honor-
able) given the service of the member upon separation. 
‘‘(3) The case synopsis shall indicate whether a member 
of the Armed Forces accused of committing a sexual assault 
was ever previously accused of a substantiated sexual assault 
or was admitted to the Armed Forces under a moral waiver 
granted with respect to prior sexual misconduct. 
Applicability. 
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126 STAT. 1758 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(4) The case synopsis shall indicate the branch of the 
Armed Forces of each member accused of committing a sexual 
assault and the branch of the Armed Forces of each member 
who is a victim of a sexual assault. 
‘‘(5) If the case disposition includes non-judicial punish-
ment, the case synopsis shall explicitly state the nature of 
the punishment. 
‘‘(6) The case synopsis shall indicate whether alcohol was 
involved in any way in a substantiated sexual assault incident.’’. 
(b) ADDITIONAL ELEMENTS OF EACH REPORT.—Subsection (b) 
of such section is amended by adding at the end the following 
new paragraphs: 
‘‘(7) The number of applications submitted under section 
673 of title 10, United States Code, during the year covered 
by the report for a permanent change of station or unit transfer 
for members of the Armed Forces on active duty who are 
the victim of a sexual assault or related offense, the number 
of applications denied, and, for each application denied, a 
description of the reasons why the application was denied. 
‘‘(8) An analysis and assessment of trends in the incidence, 
disposition, and prosecution of sexual assaults by units, com-
mands, and installations during the year covered by the report, 
including trends relating to prevalence of incidents, prosecution 
of incidents, and avoidance of incidents. 
‘‘(9) An assessment of the adequacy of sexual assault 
prevention and response activities carried out by training com-
mands during the year covered by the report. 
‘‘(10) An analysis of the specific factors that may have 
contributed to sexual assault during the year covered by the 
report, an assessment of the role of such factors in contributing 
to sexual assaults during that year, and recommendations for 
mechanisms to eliminate or reduce the incidence of such factors 
or their contributions to sexual assaults.’’. 
(c) APPLICATION OF AMENDMENTS.—The amendments made by 
this section shall apply beginning with the report regarding sexual 
assaults involving members of the Armed Forces required to be 
submitted by March 1, 2014, under section 1631 of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011. 
SEC. 576. INDEPENDENT REVIEWS AND ASSESSMENTS OF UNIFORM 
CODE OF MILITARY JUSTICE AND JUDICIAL PROCEEDINGS 
OF SEXUAL ASSAULT CASES. 
(a) INDEPENDENT REVIEWS AND ASSESSMENTS REQUIRED.— 
(1) RESPONSE SYSTEMS TO ADULT SEXUAL ASSAULT CRIMES.— 
The Secretary of Defense shall establish a panel to conduct 
an independent review and assessment of the systems used 
to investigate, prosecute, and adjudicate crimes involving adult 
sexual assault and related offenses under section 920 of title 
10, United States Code (article 120 of the Uniform Code of 
Military Justice), for the purpose of developing recommenda-
tions regarding how to improve the effectiveness of such sys-
tems. 
(2) JUDICIAL PROCEEDINGS SINCE FISCAL YEAR 2012 AMEND-
MENTS.—The Secretary of Defense shall establish a panel to 
conduct an independent review and assessment of judicial pro-
ceedings conducted under the Uniform Code of Military Justice 
involving adult sexual assault and related offenses since the 
Establishment. 
10 USC 1561 
note. 
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126 STAT. 1759 
PUBLIC LAW 112–239—JAN. 2, 2013 
amendments made to the Uniform Code of Military Justice 
by section 541 of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1404) for the 
purpose of developing recommendations for improvements to 
such proceedings. 
(b) ESTABLISHMENT OF INDEPENDENT REVIEW PANELS.— 
(1) COMPOSITION.— 
(A) RESPONSE SYSTEMS PANEL.—The panel required by 
subsection (a)(1) shall be composed of nine members, five 
of whom are appointed by the Secretary of Defense and 
one member each appointed by the chairman and ranking 
member of the Committees on Armed Services of the Senate 
and the House of Representatives. 
(B) JUDICIAL PROCEEDINGS PANEL.—The panel required 
by subsection (a)(2) shall be appointed by the Secretary 
of Defense and consist of five members, two of whom must 
have also served on the panel established under subsection 
(a)(1). 
(2) QUALIFICATIONS.—The members of each panel shall be 
selected from among private United States citizens who collec-
tively possess expertise in military law, civilian law, the inves-
tigation, prosecution, and adjudication of sexual assaults in 
State and Federal criminal courts, victim advocacy, treatment 
for victims, military justice, the organization and missions of 
the Armed Forces, and offenses relating to rape, sexual assault, 
and other adult sexual assault crimes. 
(3) CHAIR.—The chair of each panel shall be appointed 
by the Secretary of Defense from among the members of the 
panel. 
(4) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 
be appointed for the life of the panel. Any vacancy in a panel 
shall be filled in the same manner as the original appointment. 
(5) DEADLINE FOR APPOINTMENTS.— 
(A) RESPONSE SYSTEMS PANEL.—All original appoint-
ments to the panel required by subsection (a)(1) shall be 
made not later than 120 days after the date of the enact-
ment of this Act. 
(B) 
JUDICIAL
PROCEEDINGS
PANEL.—All 
original 
appointments to the panel required by subsection (a)(2) 
shall be made before the termination date of the panel 
established under subsection (a)(1), but no later than 30 
days before the termination date. 
(6) MEETINGS.—A panel shall meet at the call of the chair. 
(7) FIRST MEETING.—The chair shall call the first meeting 
of a panel not later than 60 days after the date of the appoint-
ment of all the members of the panel. 
(c) REPORTS AND DURATION.— 
(1) RESPONSE
SYSTEMS
PANEL.—The panel established 
under subsection (a)(1) shall terminate upon the earlier of 
the following: 
(A) Thirty days after the panel has submitted a report 
of its findings and recommendations, through the Secretary 
of Defense, to the Committees on Armed Services of the 
Senate and the House of Representatives. 
(B) Eighteen months after the first meeting of the 
panel, by which date the panel is expected to have made 
its report. 
Deadline. 
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126 STAT. 1760 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) JUDICIAL PROCEEDINGS PANEL.— 
(A) FIRST REPORT.—The panel established under sub-
section (a)(2) shall submit a first report, including any 
proposals for legislative or administrative changes the 
panel considers appropriate, to the Secretary of Defense 
and the Committees on Armed Services of the Senate and 
the House of Representatives not later than 180 days after 
the first meeting of the panel. 
(B) SUBSEQUENT
REPORTS.—The panel established 
under subsection (a)(2) shall submit subsequent reports 
during fiscal years 2014 through 2017. 
(C) TERMINATION.—The panel established under sub-
section (a)(2) shall terminate on September 30, 2017. 
(d) DUTIES OF PANELS.— 
(1) RESPONSE SYSTEMS PANEL.—In conducting a systemic 
review and assessment, the panel required by subsection (a)(1) 
shall provide recommendations on how to improve the effective-
ness of the investigation, prosecution, and adjudication of 
crimes involving adult sexual assault and related offenses under 
section 920 of title 10, United States Code (article 120 of 
the Uniform Code of Military Justice). The review shall include 
the following: 
(A) Using criteria the panel considers appropriate, an 
assessment of the strengths and weaknesses of the systems, 
including the administration of the Uniform Code of the 
Military Justice, and the investigation, prosecution, and 
adjudication, of adult sexual assault crimes during the 
period 2007 through 2011. 
(B) A comparison of military and civilian systems for 
the investigation, prosecution, and adjudication of adult 
sexual assault crimes. This comparison shall include an 
assessment of differences in providing support and protec-
tion to victims and the identification of civilian best prac-
tices that may be incorporated into any phase of the mili-
tary system. 
(C) An assessment of advisory sentencing guidelines 
used in civilian courts in adult sexual assault cases and 
whether it would be advisable to promulgate sentencing 
guidelines for use in courts-martial. 
(D) An assessment of the training level of military 
defense and trial counsel, including their experience in 
defending or prosecuting adult sexual assault crimes and 
related offenses, as compared to prosecution and defense 
counsel for similar cases in the Federal and State court 
systems. 
(E) An assessment and comparison of military court- 
martial conviction rates with those in the Federal and 
State courts and the reasons for any differences. 
(F) An assessment of the roles and effectiveness of 
commanders at all levels in preventing sexual assaults 
and responding to reports of sexual assault. 
(G) An assessment of the strengths and weakness of 
proposed legislative initiatives to modify the current role 
of commanders in the administration of military justice 
and the investigation, prosecution, and adjudication of 
adult sexual assault crimes. 
Recommenda- 
tions. 
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126 STAT. 1761 
PUBLIC LAW 112–239—JAN. 2, 2013 
(H) An assessment of the adequacy of the systems 
and procedures to support and protect victims in all phases 
of the investigation, prosecution, and adjudication of adult 
sexual assault crimes, including whether victims are pro-
vided the rights afforded by section 3771 of title 18, United 
States Code, Department of Defense Directive 1030.1, and 
Department of Defense Instruction 1030.2. 
(I) Such other matters and materials the panel con-
siders appropriate. 
(2) JUDICIAL PROCEEDINGS PANEL.—The panel required by 
subsection (a)(2) shall perform the following duties: 
(A) Assess and make recommendations for improve-
ments in the implementation of the reforms to the offenses 
relating to rape, sexual assault, and other sexual mis-
conduct under the Uniform Code of Military Justice that 
were enacted by section 541 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1404). 
(B) Review and evaluate current trends in response 
to sexual assault crimes whether by courts-martial pro-
ceedings, non-judicial punishment and administrative 
actions, including the number of punishments by type, 
and the consistency and appropriateness of the decisions, 
punishments, and administrative actions based on the facts 
of individual cases. 
(C) Identify any trends in punishments rendered by 
military courts, including general, special, and summary 
courts-martial, in response to sexual assault, including the 
number of punishments by type, and the consistency of 
the punishments, based on the facts of each case compared 
with the punishments rendered by Federal and State 
criminal courts. 
(D) Review and evaluate court-martial convictions for 
sexual assault in the year covered by the most-recent report 
required by subsection (c)(2) and the number and descrip-
tion of instances when punishments were reduced or set 
aside upon appeal and the instances in which the defendant 
appealed following a plea agreement, if such information 
is available. 
(E) Review and assess those instances in which prior 
sexual conduct of the alleged victim was considered in 
a proceeding under section 832 of title 10, United States 
Code (article 32 of the Uniform Code of Military Justice), 
and any instances in which prior sexual conduct was deter-
mined to be inadmissible. 
(F) Review and assess those instances in which evi-
dence of prior sexual conduct of the alleged victim was 
introduced by the defense in a court-martial and what 
impact that evidence had on the case. 
(G) Building on the data compiled as a result of para-
graph (1)(D), assess the trends in the training and experi-
ence levels of military defense and trial counsel in adult 
sexual assault cases and the impact of those trends in 
the prosecution and adjudication of such cases. 
(H) Monitor trends in the development, utilization and 
effectiveness of the special victims capabilities required 
by section 573 of this Act. 
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126 STAT. 1762 
PUBLIC LAW 112–239—JAN. 2, 2013 
(I) Monitor the implementation of the April 20, 2012, 
Secretary of Defense policy memorandum regarding with-
holding initial disposition authority under the Uniform 
Code of Military Justice in certain sexual assault cases. 
(J) Consider such other matters and materials as the 
panel considers appropriate for purposes of the reports. 
(3) UTILIZATION OF OTHER STUDIES.—In conducting reviews 
and assessments and preparing reports, a panel may review, 
and incorporate as appropriate, the data and findings of 
applicable ongoing and completed studies. 
(e) AUTHORITY OF PANELS.— 
(1) HEARINGS.—A panel may hold such hearings, sit and 
act at such times and places, take such testimony, and receive 
such evidence as the panel considers appropriate to carry out 
its duties under this section. 
(2) INFORMATION FROM FEDERAL AGENCIES.—Upon request 
by the chair of a panel, a department or agency of the Federal 
Government shall provide information that the panel considers 
necessary to carry out its duties under this section. 
(f) PERSONNEL MATTERS.— 
(1) PAY
OF
MEMBERS.—Members of a panel shall serve 
without pay by reason of their work on the panel. 
(2) TRAVEL EXPENSES.—The members of a panel shall be 
allowed travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business in the 
performance or services for the panel. 
(3) STAFFING AND RESOURCES.—The Secretary of Defense 
shall provide staffing and resources to support the panels, 
except that the Secretary may not assign primary responsibility 
for such staffing and resources to the Sexual Assault Prevention 
and Response Office. 
SEC. 577. RETENTION OF CERTAIN FORMS IN CONNECTION WITH 
RESTRICTED REPORTS ON SEXUAL ASSAULT AT REQUEST 
OF THE MEMBER OF THE ARMED FORCES MAKING THE 
REPORT. 
(a) PERIOD OF RETENTION.—At the request of a member of 
the Armed Forces who files a Restricted Report on an incident 
of sexual assault involving the member, the Secretary of Defense 
shall ensure that all copies of Department of Defense Form 2910 
and Department of Defense Form 2911 filed in connection with 
the Restricted Report be retained for the longer of— 
(1) 50 years commencing on the date of signature of the 
member on Department of Defense Form 2910; or 
(2) the time provided for the retention of such forms in 
connection with Unrestricted Reports on incidents of sexual 
assault involving members of the Armed Forces under Depart-
ment of Defense Directive-Type Memorandum (DTM) 11–062, 
entitled ‘‘Document Retention in Cases of Restricted and Unre-
stricted Reports of Sexual Assault’’, or any successor directive 
or policy. 
(b) PROTECTION
OF
CONFIDENTIALITY.—Any Department of 
Defense form retained under subsection (a) shall be retained in 
a manner that protects the confidentiality of the member of the 
Armed Forces concerned in accordance with procedures for the 
10 USC 1561 
note. 
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126 STAT. 1763 
PUBLIC LAW 112–239—JAN. 2, 2013 
protection of confidentiality of information in Restricted Reports 
under Department of Defense memorandum JTF–SAPR–009, 
relating to the Department of Defense policy on confidentiality 
for victims of sexual assault, or any successor policy or directive. 
SEC. 578. GENERAL OR FLAG OFFICER REVIEW OF AND CONCURRENCE 
IN SEPARATION OF MEMBERS OF THE ARMED FORCES 
MAKING AN UNRESTRICTED REPORT OF SEXUAL ASSAULT. 
(a) REVIEW REQUIRED.—The Secretary of Defense shall develop 
a policy to require a general officer or flag officer of the Armed 
Forces to review the circumstances of, and grounds for, the proposed 
involuntary separation of any member of the Armed Forces who— 
(1) made an Unrestricted Report of a sexual assault; 
(2) within one year after making the Unrestricted Report 
of a sexual assault, is recommended for involuntary separation 
from the Armed Forces; and 
(3) requests the review on the grounds that the member 
believes the recommendation for involuntary separation from 
the Armed Forces was initiated in retaliation for making the 
report. 
(b) CONCURRENCE REQUIRED.—If a review is requested by a 
member of the Armed Forces as authorized by subsection (a), the 
concurrence of the general officer or flag officer conducting the 
review of the proposed involuntary separation of the member is 
required in order to separate the member. 
(c) SUBMISSION OF POLICY.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report containing the policy devel-
oped under subsection (a). 
(d) APPLICATION OF POLICY.—The policy developed under sub-
section (a) shall take effect on the date of the submission of the 
policy to Congress under subsection (c) and apply to members 
of the Armed Forces described in subsection (a) who are proposed 
to be involuntarily separated from the Armed Forces on or after 
that date. 
SEC. 579. DEPARTMENT OF DEFENSE POLICY AND PLAN FOR PREVEN-
TION AND RESPONSE TO SEXUAL HARASSMENT IN THE 
ARMED FORCES. 
(a) COMPREHENSIVE PREVENTION AND RESPONSE POLICY.— 
(1) POLICY
REQUIRED.—The Secretary of Defense shall 
develop a comprehensive policy to prevent and respond to 
sexual harassment in the Armed Forces. The policy shall pro-
vide for the following: 
(A) Training for members of the Armed Forces on 
the prevention of sexual harassment. 
(B) Mechanisms for reporting incidents of sexual 
harassment in the Armed Forces, including procedures for 
reporting anonymously. 
(C) Mechanisms for responding to and resolving 
incidents of alleged sexual harassment incidences involving 
members of the Armed Forces, including through the 
prosecution of offenders. 
(2) REPORT.—Not later than one year after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the 
10 USC 1561 
note. 
Effective date. 
Deadline. 
Reports. 
Policy. 
10 USC 1561 
note. 
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126 STAT. 1764 
PUBLIC LAW 112–239—JAN. 2, 2013 
House of Representatives a report setting forth the policy 
required by paragraph (1). 
(3) CONSULTATION.—The Secretary of Defense shall prepare 
the policy and report required by this subsection in consultation 
with the Secretaries of the military departments and the Equal 
Opportunity Office of the Department of Defense. 
(b) DATA COLLECTION AND REPORTING REGARDING SUBSTAN-
TIATED INCIDENTS OF SEXUAL HARASSMENT.— 
(1) PLAN
REQUIRED.—The Secretary of Defense shall 
develop a plan to collect information and data regarding 
substantiated incidents of sexual harassment involving mem-
bers of the Armed Forces. The plan shall specifically deal 
with the need to identify cases in which a member is accused 
of multiple incidents of sexual harassment. 
(2) SUBMISSION OF PLAN.—Not later than June 1, 2013, 
the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives 
the plan developed under paragraph (1). 
(3) REPORTING
REQUIREMENT.—As part of the reports 
required to be submitted in 2014 under section 1631 of the 
Ike Skelton National Defense Authorization Act for Fiscal Year 
2011 (Public Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 
note), the Secretary of Defense shall include information and 
data collected under the plan during the preceding year 
regarding 
substantiated 
incidents 
of 
sexual 
harassment 
involving members of the Armed Forces. 
Subtitle I—Suicide Prevention and 
Resilience 
SEC. 580. ENHANCEMENT OF OVERSIGHT AND MANAGEMENT OF 
DEPARTMENT OF DEFENSE SUICIDE PREVENTION AND 
RESILIENCE PROGRAMS. 
(a) IN
GENERAL.—The Secretary of Defense shall, acting 
through the Under Secretary of Defense for Personnel and Readi-
ness, establish within the Office of the Secretary of Defense a 
position with responsibility for oversight of all suicide prevention 
and resilience programs of the Department of Defense (including 
those of the military departments and the Armed Forces). 
(b) SCOPE OF RESPONSIBILITIES.—The individual serving in the 
position established under subsection (a) shall have the responsibil-
ities as follows: 
(1) To establish a uniform definition of resiliency for use 
in the suicide prevention and resilience programs and preventa-
tive behavioral health programs of the Department of Defense 
(including those of the military departments and the Armed 
Forces). 
(2) To oversee the implementation of the comprehensive 
policy on the prevention of suicide among members of the 
Armed Forces required by section 582. 
SEC. 581. RESERVE COMPONENT SUICIDE PREVENTION AND RESIL-
IENCE PROGRAM. 
(a) CODIFICATION, TRANSFER OF RESPONSIBILITY, AND EXTEN-
SION.— 
Establishment. 
10 USC 1071 
note. 
Deadline. 
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126 STAT. 1765 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) IN GENERAL.—Chapter 1007 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 10219. Suicide prevention and resilience program 
‘‘(a) PROGRAM REQUIREMENT.—The Secretary of Defense shall 
establish and carry out a program to provide members of the 
National Guard and Reserves and their families with training in 
suicide prevention, resilience, and community healing and response 
to suicide, including provision of such training at Yellow Ribbon 
Reintegration Program events and activities authorized under sec-
tion 582 of the National Defense Authorization Act for Fiscal Year 
2008 (10 U.S.C. 10101 note). 
‘‘(b) SUICIDE PREVENTION TRAINING.—Under the program, the 
Secretary shall provide members of the National Guard and 
Reserves with training in suicide prevention. Such training may 
include— 
‘‘(1) describing the warning signs for suicide and teaching 
effective strategies for prevention and intervention; 
‘‘(2) examining the influence of military culture on risk 
and protective factors for suicide; and 
‘‘(3) engaging in interactive case scenarios and role plays 
to practice effective intervention strategies. 
‘‘(c) COMMUNITY RESPONSE TRAINING.—Under the program, the 
Secretary shall provide the families and communities of members 
of the National Guard and Reserves with training in responses 
to suicide that promote individual and community healing. Such 
training may include— 
‘‘(1) enhancing collaboration among community members 
and local service providers to create an integrated, coordinated 
community response to suicide; 
‘‘(2) communicating best practices for preventing suicide, 
including safe messaging, appropriate memorial services, and 
media guidelines; 
‘‘(3) addressing the impact of suicide on the military and 
the larger community, and the increased risk that can result; 
and 
‘‘(4) managing resources to assist key community and mili-
tary service providers in helping the families, friends, and 
fellow servicemembers of a suicide victim through the processes 
of grieving and healing. 
‘‘(d) COMMUNITY TRAINING ASSISTANCE.—The program shall 
include the provision of assistance with such training to the local 
communities of those servicemembers and families, to be provided 
in coordination with local community programs. 
‘‘(e) COLLABORATION.—In carrying out the program, the Sec-
retary shall collect and analyze ‘lessons learned’ and suggestions 
from State National Guard and Reserve organizations with existing 
or developing suicide prevention and community response programs. 
‘‘(f) TERMINATION.—The program under this section shall termi-
nate on October 1, 2017.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 1007 of such title is amended by adding 
at the end the following new item: 
‘‘10219. Suicide prevention and resilience program.’’. 
10 USC 
prec. 10201. 
10 USC 10219. 
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126 STAT. 1766 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) REPEAL OF SUPERSEDED PROVISION.—Subsection (i) of sec-
tion 582 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 10 U.S.C. 10101 note) is repealed. 
SEC. 582. COMPREHENSIVE POLICY ON PREVENTION OF SUICIDE 
AMONG MEMBERS OF THE ARMED FORCES. 
(a) COMPREHENSIVE POLICY REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the Secretary 
of Defense shall, acting through the Under Secretary of Defense 
for Personnel and Readiness, develop within the Department of 
Defense a comprehensive policy on the prevention of suicide among 
members of the Armed Forces. In developing the policy, the Sec-
retary shall consider recommendations from the operational ele-
ments of the Armed Forces regarding the feasibility of the 
implementation and execution of particular elements of the policy. 
(b) ELEMENTS.—The policy required by subsection (a) shall 
cover each of the following: 
(1) Increased awareness among members of the Armed 
Forces about mental health conditions and the stigma associ-
ated with mental health conditions and mental health care. 
(2) The means of identifying members who are at risk 
for suicide (including enhanced means for early identification 
and treatment of such members). 
(3) The continuous access by members to suicide prevention 
services, including suicide crisis services. 
(4) The means to evaluate and assess the effectiveness 
of the suicide prevention and resilience programs and preventa-
tive behavioral health programs of the Department of Defense 
(including those of the military departments and the Armed 
Forces), including the development of metrics for that purpose. 
(5) The means to evaluate and assess the current diagnostic 
tools and treatment methods in the programs referred to in 
paragraph (4) to ensure clinical best practices are used in 
such programs. 
(6) The standard of care for suicide prevention to be used 
throughout the Department. 
(7) The training of mental health care providers on suicide 
prevention. 
(8) The training standards for behavioral health care pro-
viders to ensure that such providers receive training on clinical 
best practices and evidence-based treatments as information 
on such practices and treatments becomes available. 
(9) The integration of mental health screenings and suicide 
risk and prevention for members into the delivery of primary 
care for such members. 
(10) The standards for responding to attempted or com-
pleted suicides among members, including guidance and 
training to assist commanders in addressing incidents of 
attempted or completed suicide within their units. 
(11) The means to ensure the protection of the privacy 
of members seeking or receiving treatment relating to suicide. 
(12) Such other matters as the Secretary considers appro-
priate in connection with the prevention of suicide among mem-
bers. 
Recommenda- 
tions. 
Deadline. 
10 USC 1071 
note. 
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126 STAT. 1767 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 583. STUDY OF RESILIENCE PROGRAMS FOR MEMBERS OF THE 
ARMY. 
(a) STUDY REQUIRED.—The Secretary of the Army shall conduct 
a study of resilience programs within the Army for the purpose 
of assessing the effectiveness of the current Comprehensive Soldier 
and Family Fitness (CSF2) Program of the Army, while verifying 
the current means of the Army to reduce trends in high risk 
or self-destructive behavior and to prepare members of the Army 
to manage stressful or traumatic situations by training members 
in resilience strategies and techniques. 
(b) ELEMENTS.—In conducting the study, the Secretary of the 
Army shall determine the effectiveness and quality of training 
under the Comprehensive Soldier and Family Fitness program in— 
(1) enhancing individual performance through resiliency 
techniques and use of positive and sports psychology; and 
(2) identifying and responding to early signs of high-risk 
behavior in members of the Army. 
(c) USE
OF SCIENCE-BASED EVIDENCE
AND TECHNIQUES.—In 
conducting the study, the Secretary of the Army shall utilize sci-
entific evidence, including professionally accepted measurements 
and assessments, to evaluate those interventions that show positive 
results and those interventions that have no impact. 
(d) DURATION OF STUDY.—The study shall be conducted through 
September 30, 2014. 
(e) REPORT ON STUDY RESULTS.—Not later than October 31, 
2014, the Secretary of the Army shall submit to the Committees 
on Armed Forces of the Senate and the House of Representatives 
a report containing the results of the study. The report shall include 
the following: 
(1) A description of the trends in high risk or self-destruc-
tive behavior among members of the Army. 
(2) A description and measurements of the effectiveness 
of Comprehensive Soldier and Family Fitness Program training 
in enhancing individual performance through resiliency tech-
niques, utilization of positive psychology. 
(3) Such recommendations or other information as the Sec-
retary considers appropriate. 
Subtitle J—Other Matters 
SEC. 584. ISSUANCE OF PRISONER-OF-WAR MEDAL. 
Section 1128 of title 10, United States Code, is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘or’’ at the end of paragraph (2); 
(B) by striking ‘‘; or’’ at the end of paragraph (3) 
and inserting a period; and 
(C) by striking paragraph (4); 
(2) by redesignating subsections (b) through (h) as sub-
sections (c) through (i), respectively; and 
(3) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) Under uniform regulations prescribed by the Secretary 
of Defense, the Secretary concerned may issue a prisoner-of-war 
medal to any person who, while serving in any capacity with the 
armed forces, was held captive under circumstances not covered 
Regulations. 
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126 STAT. 1768 
PUBLIC LAW 112–239—JAN. 2, 2013 
by paragraph (1), (2), or (3) of subsection (a), but which the Sec-
retary concerned finds were comparable to those circumstances 
under which persons have generally been held captive by enemy 
armed forces during periods of armed conflict.’’. 
SEC. 585. TECHNICAL AMENDMENTS RELATING TO THE TERMINATION 
OF THE ARMED FORCES INSTITUTE OF PATHOLOGY 
UNDER DEFENSE BASE CLOSURE AND REALIGNMENT. 
Section 177 of title 10, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) by striking ‘‘those professional societies’’ and 
all that follows through ‘‘the Armed Forces Institute 
of Pathology’’ and inserting ‘‘the professional societies 
and organizations that support the activities of the 
American Registry of Pathology’’; and 
(ii) by striking the second sentence; and 
(B) in paragraph (3), by striking ‘‘with the concurrence 
of the Director of the Armed Forces Institute of Pathology’’; 
(2) in subsection (b)— 
(A) by striking paragraph (1); and 
(B) by redesignating paragraphs (2), (3), (4), and (5) 
as paragraphs (1), (2), (3), and (4), respectively; and 
(3) in subsection (d), by striking ‘‘to the Director’’ and 
all that follows through ‘‘it deems desirable,’’ and inserting 
‘‘annually to its Board and supporting organizations referred 
to in subsection (a)(2)’’. 
SEC. 586. MODIFICATION OF REQUIREMENT FOR REPORTS IN FED-
ERAL REGISTER ON INSTITUTIONS OF HIGHER EDU-
CATION INELIGIBLE FOR CONTRACTS AND GRANTS FOR 
DENIAL OF ROTC OR MILITARY RECRUITER ACCESS TO 
CAMPUS. 
Section 983 of title 10, United States Code, is amended by 
striking subsection (f). 
SEC. 587. ACCEPTANCE OF GIFTS AND SERVICES RELATED TO EDU-
CATIONAL ACTIVITIES AND VOLUNTARY SERVICES TO 
ACCOUNT FOR MISSING PERSONS. 
(a) ACTIVITIES BENEFITTING EDUCATION AS SERVICES ELIGIBLE 
FOR ACCEPTANCE.—Section 2601(i)(2) of title 10, United States Code, 
is amended by inserting ‘‘education,’’ before ‘‘morale,’’. 
(b) ACCEPTANCE
OF
VOLUNTARY
SERVICES
RELATED
TO 
ACCOUNTING FOR MISSING PERSONS.—Section 1588(a) of such title 
is amended by adding at the end the following new paragraph: 
‘‘(9) Voluntary services to facilitate accounting for missing 
persons.’’. 
SEC. 588. DISPLAY OF STATE, DISTRICT OF COLUMBIA, COMMON-
WEALTH, AND TERRITORIAL FLAGS BY THE ARMED 
FORCES. 
(a) DISPLAY.—Subsection (a) of section 2249b of title 10, United 
States Code, is amended to read as follows: 
‘‘(a) DISPLAY OF FLAGS BY ARMED FORCES.—The Secretary of 
Defense shall ensure that, whenever the official flags of all 50 
States are displayed by the armed forces, such display shall include 
the flags of the District of Columbia, the Commonwealth of Puerto 
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126 STAT. 1769 
PUBLIC LAW 112–239—JAN. 2, 2013 
Rico, the United States Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 2249b. Display of State, District of Columbia, common-
wealth, and territorial flags by the armed forces’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 134 of such title is amended by striking the 
item relating to section 2249b and inserting the following new 
item: 
‘‘2249b. Display of State, District of Columbia, commonwealth, and territorial flags 
by the armed forces.’’. 
SEC. 589. ENHANCEMENT OF AUTHORITIES ON ADMISSION OF 
DEFENSE INDUSTRY CIVILIANS TO CERTAIN DEPARTMENT 
OF DEFENSE EDUCATIONAL INSTITUTIONS AND PRO-
GRAMS. 
(a) NAVY DEFENSE PRODUCT DEVELOPMENT PROGRAM.—Section 
7049(a) of title 10, United States Code, is amended— 
(1) in the second sentence, by inserting ‘‘or professional 
continuing education certificate’’ after ‘‘master’s degree’’; and 
(2) in the last sentence, by inserting before the period 
at the end the following: ‘‘or an appropriate professional con-
tinuing education certificate, as applicable’’. 
(b) UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.— 
Section 9314a(a) of such title is amended— 
(1) in paragraph (1), by inserting ‘‘or professional con-
tinuing education certificate’’ after ‘‘graduate degree’’; and 
(2) in paragraph (3), by inserting before the period at 
the end the following: ‘‘or an appropriate professional con-
tinuing education certificate, as applicable’’. 
(c) REQUEST FOR INCREASE IN NUMBER OF DEFENSE INDUSTRY 
CIVILIANS AUTHORIZED FOR ADMISSION.—If the Secretary of Defense 
determines that it is in the best interest of the Department of 
Defense to increase the maximum number of defense industry 
employees authorized to be enrolled in the Naval Defense Develop-
ment Program or the Air Force Institute of Technology at any 
one time, as specified in sections 7049(a) and 9314a(a) of title 
10, United States Code, the Secretary shall submit to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives a request for such an increase, including draft legislation 
to effectuate the increase. 
SEC. 590. EXTENSION OF AUTHORITIES TO CARRY OUT A PROGRAM 
OF REFERRAL AND COUNSELING SERVICES TO VETERANS 
AT RISK OF HOMELESSNESS WHO ARE TRANSITIONING 
FROM CERTAIN INSTITUTIONS. 
Section 2023(d) of title 38, United States Code, is amended 
by striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 
2013’’. 
SEC. 591. INSPECTION OF MILITARY CEMETERIES UNDER THE JURIS-
DICTION OF DEPARTMENT OF DEFENSE. 
(a) DOD INSPECTOR
GENERAL
INSPECTION
OF
ARLINGTON 
NATIONAL CEMETERY AND UNITED STATES SOLDIERS’ AND AIRMEN’S 
10 USC 7049 
note. 
Determination. 
10 USC 
prec. 2241. 
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126 STAT. 1770 
PUBLIC LAW 112–239—JAN. 2, 2013 
HOME NATIONAL CEMETERY.—Section 1(d) of Public Law 111–339 
(124 Stat. 3592) is amended— 
(1) in paragraph (1), by striking ‘‘The Secretary’’ in the 
first sentence and inserting ‘‘Subject to paragraph (2), the Sec-
retary’’; and 
(2) in paragraph (2), by adding at the end the following 
new sentence: ‘‘However, in the case of the report required 
to be submitted during 2013, the assessment described in para-
graph (1) shall be conducted, and the report shall be prepared 
and submitted, by the Inspector General of the Department 
of Defense instead of the Secretary of the Army.’’. 
(b) TIME FOR SUBMISSION OF REPORT AND PLAN OF ACTION 
REGARDING INSPECTION
OF CEMETERIES
AT MILITARY INSTALLA-
TIONS.—Section 592(d)(2) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1443) 
is amended— 
(1) by striking ‘‘December 31, 2012’’ and inserting ‘‘June 
29, 2013’’; and 
(2) by striking ‘‘April 1, 2013’’ and inserting ‘‘October 1, 
2013’’. 
SEC. 592. REPORT ON RESULTS OF INVESTIGATIONS AND REVIEWS 
CONDUCTED WITH RESPECT TO PORT MORTUARY DIVI-
SION OF THE AIR FORCE MORTUARY AFFAIRS OPER-
ATIONS CENTER AT DOVER AIR FORCE BASE. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report of the investigations and reviews that 
were conducted with respect to the improper handling and prepara-
tion of the remains of deceased members of the Armed Forces 
and civilians at the Port Mortuary Division of the Air Force Mor-
tuary Affairs Operations Center at Dover Air Force Base. The 
investigations and reviews considered shall include— 
(1) the 436th Air Wing Inspector General review; 
(2) the Air Force Office of Special Investigations report; 
(3) the Air Force Office of Inspector General investigation; 
(4) the Office of Special Counsel review; 
(5) the Defense Health Board’s Dover Port Mortuary Inde-
pendent Review Subcommittee report; and 
(6) any other reviews or investigations of operations at 
Dover Port Mortuary that have been conducted since January 
1, 2011. 
(b) ELEMENTS OF REPORT.—The report shall— 
(1) summarize and evaluate the recommendations made, 
and the actions undertaken, as a result of the investigations 
and reviews, and the current status of implementation of such 
recommendations and actions; and 
(2) provide any additional recommendations for improve-
ment of operations at Dover Port Mortuary, including any best 
practices for casualty notification, family support, and mortuary 
affairs operations. 
SEC. 593. PRESERVATION OF EDITORIAL INDEPENDENCE OF STARS 
AND STRIPES. 
(a) MAINTENANCE OF GEOGRAPHIC SEPARATION.—To preserve 
the actual and perceived editorial and management independence 
of the Stars and Stripes newspaper, the Secretary of Defense shall 
Extension. 
Contracts. 
Reports. 
Assessment. 
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126 STAT. 1771 
PUBLIC LAW 112–239—JAN. 2, 2013 
extend the lease for the commercial office space in the District 
of Columbia currently occupied by the editorial and management 
operations of the Stars and Stripes newspaper until such time 
as the Secretary provides space and information technology and 
other support for such operations in a Government-owned facility 
in the National Capital Region geographically remote from facilities 
of the Defense Media Activity at Fort Meade, Maryland. 
(b) IMPLEMENTATION REPORT.—Not later than February 1, 2013, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
describing the implementation of subsection (a). 
SEC. 594. NATIONAL PUBLIC AWARENESS AND PARTICIPATION CAM-
PAIGN FOR VETERANS’ HISTORY PROJECT OF AMERICAN 
FOLKLIFE CENTER. 
(a) IN GENERAL.—The Director of the American Folklife Center 
at the Library of Congress shall carry out a national public aware-
ness and participation campaign for the program required by section 
3(a) of the Veterans’ Oral History Project Act (20 U.S.C. 2142(a)). 
Such campaign shall provide for the following: 
(1) Encouraging the people of the United States, veterans 
organizations, community groups, and national organizations 
to participate in such program. 
(2) Ensuring greater awareness and participation through-
out the United States in such program. 
(3) Providing meaningful opportunities for learning about 
the experiences of veterans. 
(4) Complementing the efforts supporting the readjustment 
and successful reintegration of veterans into civilian life after 
service in the Armed Forces. 
(b) COORDINATION
AND COOPERATION.—To the degree prac-
ticable, the Director shall, in carrying out the campaign required 
by subsection (a), coordinate and cooperate with veterans service 
organizations. 
(c) VETERANS SERVICE ORGANIZATION DEFINED.—In this section, 
the term ‘‘veterans service organization’’ means any organization 
recognized by the Secretary of Veterans Affairs for the representa-
tion of veterans under section 5902 of title 38, United States Code. 
SEC. 595. REPORT ON ACCURACY OF DATA IN THE DEFENSE ENROLL-
MENT ELIGIBILITY REPORTING SYSTEM. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
a plan to improve the completeness and accuracy of the data con-
tained in the Defense Enrollment Eligibility Reporting System 
(DEERS) in order— 
(1) to provide for the standardization of identification 
credentials required for eligibility, enrollment, transactions, and 
updates across all Department of Defense installations; and 
(2) to ensure that persons issued military identification 
cards and receiving benefits based on DEERS data are actually 
eligible for such cards and benefits. 
20 USC 2142 
note. 
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126 STAT. 1772 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 596. SENSE OF CONGRESS THAT THE BUGLE CALL COMMONLY 
KNOWN AS TAPS SHOULD BE DESIGNATED AS THE 
NATIONAL SONG OF MILITARY REMEMBRANCE. 
It is the sense of Congress that the bugle call commonly known 
as ‘‘Taps’’ should be designated as the National Song of Military 
Remembrance. 
TITLE VI—COMPENSATION AND OTHER 
PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2013 increase in military basic pay. 
Sec. 602. Extension of authority to provide temporary increase in rates of basic al-
lowance for housing under certain circumstances. 
Sec. 603. Basic allowance for housing for two-member couples when one member is 
on sea duty. 
Sec. 604. Rates of basic allowance for housing for members performing active 
Guard and Reserve duty. 
Sec. 605. Payment of benefit for nonparticipation of eligible members in Post-De-
ployment/Mobilization Respite Absence program due to Government 
error. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for health 
care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
Sec. 614. One-year extension of authorities relating to title 37 consolidated special 
pay, incentive pay, and bonus authorities. 
Sec. 615. One-year extension of authorities relating to payment of other title 37 bo-
nuses and special pays. 
Sec. 616. Increase in maximum amount of officer affiliation bonus for officers in the 
Selected Reserve. 
Sec. 617. Increase in maximum amount of incentive bonus for reserve component 
members who convert military occupational specialty to ease personnel 
shortages. 
Subtitle C—Travel and Transportation Allowances 
Sec. 621. Permanent change of station allowances for members of Selected Reserve 
units filling a vacancy in another unit after being involuntarily sepa-
rated. 
Sec. 622. Authority for comprehensive program for space-available travel on De-
partment of Defense aircraft. 
Subtitle D—Benefits and Services for Members Being Separated or Recently 
Separated 
Sec. 631. Extension of authority to provide two years of commissary and exchange 
benefits after separation. 
Sec. 632. Transitional use of military family housing. 
Subtitle E—Disability, Retired Pay, and Survivor Benefits 
Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan premiums 
when participant waives retired pay to provide a survivor annuity under 
Federal Employees Retirement System and terminating payment of the 
Survivor Benefit Plan annuity. 
Sec. 642. Repeal of automatic enrollment in Family Servicemembers’ Group Life In-
surance for members of the Armed Forces married to other members. 
Sec. 643. Clarification of computation of combat-related special compensation for 
chapter 61 disability retirees. 
Subtitle F—Commissary and Nonappropriated Fund Instrumentality Benefits and 
Operations 
Sec. 651. Repeal of certain recordkeeping and reporting requirements applicable to 
commissary and exchange stores overseas. 
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126 STAT. 1773 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 652. Treatment of Fisher House for the Families of the Fallen and Meditation 
Pavilion at Dover Air Force Base, Delaware, as a Fisher House. 
Subtitle G—Military Lending 
Sec. 661. Additional enhancements of protections on consumer credit for members 
of the Armed Forces and their dependents. 
Sec. 662. Effect of violations of protections on consumer credit extended to mem-
bers of the Armed Forces and their dependents. 
Sec. 663. Consistent definition of dependent for purposes of applying limitations on 
terms of consumer credit extended to certain members of the Armed 
Forces and their dependents. 
Subtitle H—Military Compensation and Retirement Modernization Commission 
Sec. 671. Purpose, scope, and definitions. 
Sec. 672. Military Compensation and Retirement Modernization Commission. 
Sec. 673. Commission hearings and meetings. 
Sec. 674. Principles and procedure for Commission recommendations. 
Sec. 675. Consideration of Commission recommendations by the President. 
Sec. 676. Executive Director. 
Sec. 677. Staff. 
Sec. 678. Judicial review precluded. 
Sec. 679. Termination. 
Sec. 680. Funding. 
Subtitle I—Other Matters 
Sec. 681. Equal treatment for members of Coast Guard Reserve called to active 
duty under title 14, United States Code. 
Sec. 682. Report regarding Department of Veterans Affairs claims process trans-
formation plan. 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2013 INCREASE IN MILITARY BASIC PAY. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment 
to become effective during fiscal year 2013 required by section 
1009 of title 37, United States Code, in the rates of monthly basic 
pay authorized members of the uniformed services shall not be 
made. 
(b) INCREASE IN BASIC PAY.—Effective on January 1, 2013, 
the rates of monthly basic pay for members of the uniformed serv-
ices are increased by 1.7 percent. 
SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY 
INCREASE IN RATES OF BASIC ALLOWANCE FOR HOUSING 
UNDER CERTAIN CIRCUMSTANCES. 
Section 403(b)(7)(E) of title 37, United States Code, is amended 
by striking ‘‘December 31, 2012’’ and inserting ‘‘December 31, 2013’’. 
SEC. 603. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COU-
PLES WHEN ONE MEMBER IS ON SEA DUTY. 
(a) IN GENERAL.—Subparagraph (C) of section 403(f)(2) of title 
37, United States Code, is amended to read as follows: 
‘‘(C) Notwithstanding section 421 of this title, a member of 
a uniformed service in a pay grade below pay grade E–6 who 
is assigned to sea duty and is married to another member of 
a uniformed service is entitled to a basic allowance for housing 
subject to the limitations of subsection (e).’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on January 1, 2013. 
37 USC 403 note. 
Effective date. 
37 USC 1009 
note. 
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126 STAT. 1774 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 604. RATES OF BASIC ALLOWANCE FOR HOUSING FOR MEMBERS 
PERFORMING ACTIVE GUARD AND RESERVE DUTY. 
(a) TREATMENT OF ACTIVE GUARD AND RESERVE DUTY.—Section 
403(g) of title 37, United States Code, is amended by adding at 
the end the following new paragraph: 
‘‘(6)(A) This paragraph applies with respect to a member of 
a reserve component who performs active Guard and Reserve duty 
(as defined in section 101(d)(6) of title 10). 
‘‘(B) The rate of basic allowance for housing to be paid to 
a member described in subparagraph (A) shall be based on the 
member’s permanent duty station, even during instances in which 
the member is mobilized for service on active duty other than 
active Guard and Reserve duty. 
‘‘(C)(i) During transitions in service status from active Guard 
and Reserve duty to other active duty and back to active Guard 
and Reserve duty, or following the start of new periods of service 
resulting from a change in orders, a member described in subpara-
graph (A) shall be considered as retaining uninterrupted eligibility 
to receive a basic allowance for housing in an area as provided 
for under subsections (b)(6) and (c)(2) so long as the member 
remains on active duty without a break in service. 
‘‘(ii) Clause (i) does not apply if the member’s permanent duty 
station changes as a result of orders directing a permanent change 
in station with the authority for the movement of household goods. 
‘‘(iii) For purposes of clause (i), a break in active service occurs 
when one or more calendar days between active service periods 
do not qualify as active service. 
‘‘(D) Subsections (d)(3) and (o) also apply to a member described 
in subparagraph (A).’’. 
(b) TRANSITIONAL PROVISIONS.— 
(1) IN
GENERAL.—The basic allowance for housing paid 
to a member of a reserve component described in subparagraph 
(A) of paragraph (6) of section 403(g) of title 37, United States 
Code, as added by subsection (a), who on the date of the 
enactment of the National Defense Authorization Act for Fiscal 
Year 2013 is being paid basic allowance for housing at a rate 
that is based on a housing area other than the member’s 
permanent duty station, shall be paid at that current rate 
until the member is assigned to perform duty at the member’s 
permanent duty station, at which time the member shall be 
paid basic allowance for housing at the prevailing permanent 
duty station housing area rate or at the permanent duty station 
housing rate for which the member has qualified under such 
paragraph (6). 
(2) ALTERNATIVE RATE.—The Secretary of a military depart-
ment, with the approval of the Secretary of Defense, may 
pay a member covered by paragraph (1) and under the jurisdic-
tion of that Secretary a basic allowance for housing at a rate 
higher than the rate provided under such paragraph to ensure 
that the member is treated fairly and equitably or to serve 
the best interests of the United States. 
SEC. 605. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE 
MEMBERS IN POST-DEPLOYMENT/MOBILIZATION RESPITE 
ABSENCE PROGRAM DUE TO GOVERNMENT ERROR. 
(a) PAYMENT OF BENEFIT.— 
37 USC 403 note. 
Applicability. 
Applicability. 
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126 STAT. 1775 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) IN
GENERAL.—Upon application, the Secretary con-
cerned shall make a payment to each individual described 
in paragraph (2) of $200 for each day of nonparticipation of 
such individual in the Post-Deployment/Mobilization Respite 
Absence program as described in that paragraph. 
(2) COVERED INDIVIDUALS.—An individual described in this 
paragraph is an individual who— 
(A) was eligible for participation as a member of the 
Armed Forces in the Post-Deployment/Mobilization Respite 
Absence program; but 
(B) as determined by the Secretary concerned pursuant 
to an application for the correction of the military records 
of such individual pursuant to section 1552 of title 10, 
United States Code, or other process as determined by 
the Secretary, did not participate in one or more days 
in the program for which the individual was so eligible 
due to Government error. 
(b) DECEASED INDIVIDUALS.— 
(1) APPLICATIONS.—If an individual otherwise covered by 
subsection (a) is deceased, the application required by that 
subsection shall be made by the individual’s legal representa-
tive. 
(2) PAYMENT.—If an individual to whom payment would 
be made under subsection (a) is deceased at time of payment, 
payment shall be made in the manner specified in section 
1552(c)(2) of title 10, United States Code, or other process 
as determined by the Secretary concerned. 
(c) PAYMENT IN LIEU OF ADMINISTRATIVE ABSENCE.—Payment 
under subsection (a) with respect to a day described in that sub-
section shall be in lieu of any entitlement of the individual con-
cerned to a day of administrative absence for such day. 
(d) CONSTRUCTION.— 
(1) CONSTRUCTION WITH OTHER PAY.—Any payment with 
respect to an individual under subsection (a) is in addition 
to any other pay provided by law. 
(2) CONSTRUCTION OF AUTHORITY.—It is the sense of Con-
gress that— 
(A) the sole purpose of the authority in this section 
is to remedy administrative errors; and 
(B) the authority in this section is not intended to 
establish any entitlement in connection with the Post- 
Deployment/Mobilization Respite Absence program. 
(e) DEFINITIONS.—In this section, the terms ‘‘Post-Deployment/ 
Mobilization Respite Absence program’’ and ‘‘Secretary concerned’’ 
have the meaning given such terms in section 604(f) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2350). 
Subtitle B—Bonuses and Special and 
Incentive Pays 
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR RESERVE FORCES. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 
31, 2013’’: 
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126 STAT. 1776 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) Section 308b(g), relating to Selected Reserve reenlist-
ment bonus. 
(2) Section 308c(i), relating to Selected Reserve affiliation 
or enlistment bonus. 
(3) Section 308d(c), relating to special pay for enlisted 
members assigned to certain high-priority units. 
(4) Section 308g(f)(2), relating to Ready Reserve enlistment 
bonus for persons without prior service. 
(5) Section 308h(e), relating to Ready Reserve enlistment 
and reenlistment bonus for persons with prior service. 
(6) Section 308i(f), relating to Selected Reserve enlistment 
and reenlistment bonus for persons with prior service. 
(7) Section 408a(e), relating to reimbursement of travel 
expenses for inactive-duty training outside of normal com-
muting distance. 
(8) Section 910(g), relating to income replacement payments 
for reserve component members experiencing extended and fre-
quent mobilization for active duty service. 
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. 
(a) TITLE 10 AUTHORITIES.—The following sections of title 10, 
United States Code, are amended by striking ‘‘December 31, 2012’’ 
and inserting ‘‘December 31, 2013’’: 
(1) Section 2130a(a)(1), relating to nurse officer candidate 
accession program. 
(2) Section 16302(d), relating to repayment of education 
loans for certain health professionals who serve in the Selected 
Reserve. 
(b) TITLE 37 AUTHORITIES.—The following sections of title 37, 
United States Code, are amended by striking ‘‘December 31, 2012’’ 
and inserting ‘‘December 31, 2013’’: 
(1) Section 302c–1(f), relating to accession and retention 
bonuses for psychologists. 
(2) Section 302d(a)(1), relating to accession bonus for reg-
istered nurses. 
(3) Section 302e(a)(1), relating to incentive special pay for 
nurse anesthetists. 
(4) Section 302g(e), relating to special pay for Selected 
Reserve health professionals in critically short wartime special-
ties. 
(5) Section 302h(a)(1), relating to accession bonus for dental 
officers. 
(6) Section 302j(a), relating to accession bonus for pharmacy 
officers. 
(7) Section 302k(f), relating to accession bonus for medical 
officers in critically short wartime specialties. 
(8) Section 302l(g), relating to accession bonus for dental 
specialist officers in critically short wartime specialties. 
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 
AUTHORITIES FOR NUCLEAR OFFICERS. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 
31, 2013’’: 
(1) Section 312(f), relating to special pay for nuclear-quali-
fied officers extending period of active service. 
37 USC 478a. 
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126 STAT. 1777 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) Section 312b(c), relating to nuclear career accession 
bonus. 
(3) Section 312c(d), relating to nuclear career annual incen-
tive bonus. 
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 
37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND 
BONUS AUTHORITIES. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 
31, 2013’’: 
(1) Section 331(h), relating to general bonus authority for 
enlisted members. 
(2) Section 332(g), relating to general bonus authority for 
officers. 
(3) Section 333(i), relating to special bonus and incentive 
pay authorities for nuclear officers. 
(4) Section 334(i), relating to special aviation incentive 
pay and bonus authorities for officers. 
(5) Section 335(k), relating to special bonus and incentive 
pay authorities for officers in health professions. 
(6) Section 351(h), relating to hazardous duty pay. 
(7) Section 352(g), relating to assignment pay or special 
duty pay. 
(8) Section 353(i), relating to skill incentive pay or pro-
ficiency bonus. 
(9) Section 355(h), relating to retention incentives for mem-
bers qualified in critical military skills or assigned to high 
priority units. 
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 
31, 2013’’: 
(1) Section 301b(a), relating to aviation officer retention 
bonus. 
(2) Section 307a(g), relating to assignment incentive pay. 
(3) Section 308(g), relating to reenlistment bonus for active 
members. 
(4) Section 309(e), relating to enlistment bonus. 
(5) Section 324(g), relating to accession bonus for new offi-
cers in critical skills. 
(6) Section 326(g), relating to incentive bonus for conversion 
to military occupational specialty to ease personnel shortage. 
(7) Section 327(h), relating to incentive bonus for transfer 
between armed forces. 
(8) Section 330(f), relating to accession bonus for officer 
candidates. 
SEC. 616. INCREASE IN MAXIMUM AMOUNT OF OFFICER AFFILIATION 
BONUS FOR OFFICERS IN THE SELECTED RESERVE. 
Section 308j(d) of title 37, United States Code, is amended 
by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. 
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126 STAT. 1778 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE BONUS FOR 
RESERVE COMPONENT MEMBERS WHO CONVERT MILI-
TARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL 
SHORTAGES. 
Section 326(c)(1) of title 37, United States Code, is amended 
by striking ‘‘$4,000, in the case of a member of a regular component 
of the armed forces, and $2,000, in the case of a member of a 
reserve component of the armed forces.’’ and inserting ‘‘$4,000.’’. 
Subtitle C—Travel and Transportation 
Allowances 
SEC. 621. PERMANENT CHANGE OF STATION ALLOWANCES FOR MEM-
BERS OF SELECTED RESERVE UNITS FILLING A VACANCY 
IN ANOTHER UNIT AFTER BEING INVOLUNTARILY SEPA-
RATED. 
(a) TRAVEL AND TRANSPORTATION ALLOWANCES GENERALLY.— 
Section 474 of title 37, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (4), by striking ‘‘and’’ at the end; 
(B) in paragraph (5), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(6) upon filling a vacancy in a Selected Reserve unit at 
a duty station that is more than 150 miles from the member’s 
residence if— 
‘‘(A) during the preceding three years the member was 
involuntarily separated under other than adverse condi-
tions (as characterized by the Secretary concerned) while 
assigned to a unit of the Selected Reserve certified by 
the Secretary concerned as having been adversely affected 
by force structure reductions during the period beginning 
on October 1, 2012, and ending on December 31, 2018; 
‘‘(B) the involuntary separation occurred during the 
period beginning on October 1, 2012, and ending on 
December 31, 2018; and 
‘‘(C) the member is— 
‘‘(i) qualified in a skill designated as critically short 
by the Secretary concerned; or 
‘‘(ii) filling a vacancy in a Selected Reserve unit 
with a critical manpower shortage, or in a pay grade 
with a critical manpower shortage in such unit.’’; 
(2) in subsection (f), by adding at the end the following 
new paragraph: 
‘‘(4)(A) A member may be provided travel and transportation 
allowances under subsection (a)(6) only with respect to the filling 
of a vacancy in a Selected Reserve unit one time. 
‘‘(B) Regulations under this section shall provide that whenever 
travel and transportation allowances are paid under subsection 
(a)(6), the cost shall be borne by the unit filling the vacancy.’’; 
and 
(3) in subsection (j), by inserting ‘‘(except subsection (a)(6))’’ 
after ‘‘In this section’’. 
Regulations. 
Time periods. 
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126 STAT. 1779 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPEND-
ENTS
AND HOUSEHOLD EFFECTS.—Section 476 of such title is 
amended— 
(1) by redesignating subsections (l), (m), and (n) as sub-
sections (m), (n), and (o), respectively; and 
(2) by inserting after subsection (k) the following new sub-
section (l): 
‘‘(l)(1) A member described in paragraph (2) is entitled to the 
travel and transportation allowances, including allowances with 
respect to dependents, authorized by this section upon filling a 
vacancy as described in that paragraph as if the member were 
undergoing a permanent change of station under orders in filling 
such vacancy. 
‘‘(2) A member described in this paragraph is a member who 
is filling a vacancy in a Selected Reserve unit at a duty station 
that is more than 150 miles from the member’s residence if— 
‘‘(A) during the three years preceding filling the vacancy, 
the member was involuntarily separated under other than 
adverse conditions (as characterized by the Secretary con-
cerned) while assigned to a unit of the Selected Reserve certified 
by the Secretary concerned as having been adversely affected 
by force structure reductions during the period beginning on 
October 1, 2012, and ending on December 31, 2018; 
‘‘(B) the involuntary separation occurred during the period 
beginning on October 1, 2012, and ending on December 31, 
2018; and 
‘‘(C) the member is— 
‘‘(i) qualified in a skill designated as critically short 
by the Secretary concerned; or 
‘‘(ii) filling a vacancy in a Selected Reserve unit with 
a critical manpower shortage, or in a pay grade with a 
critical manpower shortage in such unit. 
‘‘(3) Any allowances authorized by this section that are payable 
under this subsection may be payable in advance if payable in 
advance to a member undergoing a permanent change of station 
under orders under the applicable provision of this section.’’. 
SEC. 622. AUTHORITY FOR COMPREHENSIVE PROGRAM FOR SPACE- 
AVAILABLE TRAVEL ON DEPARTMENT OF DEFENSE AIR-
CRAFT. 
(a) PROGRAM AUTHORIZED.—Section 2641b of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 2641b. Space-available travel on Department of Defense 
aircraft: program authorized and eligible recipi-
ents 
‘‘(a) AUTHORITY TO ESTABLISH PROGRAM.—(1) The Secretary 
of Defense may establish a program (in this section referred to 
as the ‘travel program’) to provide transportation on Department 
of Defense aircraft on a space-available basis to the categories 
of individuals eligible under subsection (c). 
‘‘(2) If the Secretary makes a determination to establish the 
travel program, the Secretary shall prescribe regulations for the 
operation of the travel program not later than one year after the 
date on which the determination was made. The regulations shall 
take effect on that date or such earlier date as the Secretary 
shall specify in the regulations. 
Determination. 
Regulations. 
Time periods. 
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126 STAT. 1780 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(3) Not later than 30 days after making the determination 
to establish the travel program, the Secretary shall submit to the 
congressional defense committees an initial implementation report 
describing— 
‘‘(A) the basis for the determination; 
‘‘(B) any additional categories of individuals to be eligible 
for the travel program under subsection (c)(5); 
‘‘(C) how the Secretary will ensure that the travel program 
is established and operated in compliance with the conditions 
specified in subsection (b); and 
‘‘(D) the metrics by which the Secretary will monitor the 
travel program to determine the efficient and effective execution 
of the travel program. 
‘‘(b) CONDITIONS ON ESTABLISHMENT AND OPERATION.—(1) The 
Secretary of Defense shall operate the travel program in a budget- 
neutral manner. 
‘‘(2) No additional funds may be used, or flight hours performed, 
for the purpose of providing transportation under the travel pro-
gram. 
‘‘(c) ELIGIBLE INDIVIDUALS.—Subject to subsection (d), the Sec-
retary of Defense shall provide transportation under the travel 
program (if established) to the following categories of individuals: 
‘‘(1) Members of the armed forces on active duty. 
‘‘(2) Members of the Selected Reserve who hold a valid 
Uniformed Services Identification and Privilege Card. 
‘‘(3) Retired members of a regular or reserve component 
of the armed forces, including retired members of reserve 
components who, but for being under the eligibility age 
applicable under section 12731 of this title, would be eligible 
for retired pay under chapter 1223 of this title. 
‘‘(4) Such categories of dependents of individuals described 
in paragraphs (1) through (3) as the Secretary shall specify 
in the regulations under subsection (a), under such conditions 
and circumstances as the Secretary shall specify in such regula-
tions. 
‘‘(5) Such other categories of individuals as the Secretary, 
in the discretion of the Secretary, considers appropriate. 
‘‘(d) PRIORITIES
AND RESTRICTIONS.—In operating the travel 
program, the Secretary of Defense shall— 
‘‘(1) in the sole discretion of the Secretary, establish an 
order of priority for transportation under the travel program 
for categories of eligible individuals that is based on consider-
ations of military necessity, humanitarian concerns, and 
enhancement of morale; 
‘‘(2) give priority in consideration of transportation under 
the travel program to the demands of members of the armed 
forces in the regular components and in the reserve components 
on active duty and to the need to provide such members, 
and their dependents, a means of respite from such demands; 
and 
‘‘(3) implement policies aimed at ensuring cost control (as 
required by subsection (b)) and the safety, security, and efficient 
processing of travelers, including limiting the benefit under 
the travel program to one or more categories of otherwise 
eligible individuals if considered necessary by the Secretary. 
‘‘(e) SPECIAL PRIORITY
FOR RETIRED MEMBERS RESIDING
IN 
COMMONWEALTHS AND POSSESSIONS OF THE UNITED STATES WHO 
Deadline. 
Reports. 
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126 STAT. 1781 
PUBLIC LAW 112–239—JAN. 2, 2013 
NEED CERTAIN HEALTH CARE SERVICES.—(1) Notwithstanding sub-
section (d)(1), in establishing space-available transportation prior-
ities under the travel program, the Secretary of Defense shall 
provide transportation for an individual described in paragraph 
(2), and a single dependent of the individual if needed to accompany 
the individual, at a priority level in the same category as the 
priority level for an unaccompanied dependent over the age of 
18 traveling on environmental and morale leave. 
‘‘(2) Subject to paragraph (3), paragraph (1) applies with respect 
to an individual described in subsection (c)(3) who— 
‘‘(A) resides in or is located in a Commonwealth or posses-
sion of the United States; and 
‘‘(B) is referred by a military or civilian primary care pro-
vider located in that Commonwealth or possession to a specialty 
care provider for services to be provided outside of that 
Commonwealth or possession. 
‘‘(3) If an individual described in subsection (c)(3) is a retired 
member of a reserve component who is ineligible for retired pay 
under chapter 1223 of this title by reason of being under the 
eligibility age applicable under section 12731 of this title, paragraph 
(1) applies to the individual only if the individual is also enrolled 
in the TRICARE program for certain members of the Retired 
Reserve authorized under section 1076e of this title. 
‘‘(4) The priority for space-available transportation required 
by this subsection applies with respect to both— 
‘‘(A) the travel from the Commonwealth or possession of 
the United States to receive the specialty care services; and 
‘‘(B) the return travel. 
‘‘(5) The requirement to provide transportation on Department 
of Defense aircraft on a space-available basis on the priority basis 
described in paragraph (1) to individuals covered by this subsection 
applies whether or not the travel program is established under 
this section. 
‘‘(6) In this subsection, the terms ‘primary care provider’ and 
‘specialty care provider’ refer to a medical or dental professional 
who provides health care services under chapter 55 of this title. 
‘‘(f) CONSTRUCTION.—The authority to provide transportation 
under the travel program is in addition to any other authority 
under law to provide transportation on Department of Defense 
aircraft on a space-available basis.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 157 of such title is amended by striking the item 
relating to section 2641b and inserting the following new item: 
‘‘2641b. Space-available travel on Department of Defense aircraft: program author-
ized and eligible recipients.’’. 
Subtitle D—Benefits and Services for Mem-
bers Being Separated or Recently Sepa-
rated 
SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TWO YEARS OF 
COMMISSARY AND EXCHANGE BENEFITS AFTER SEPARA-
TION. 
(a) EXTENSION OF AUTHORITY.—Section 1146 of title 10, United 
States Code, is amended— 
10 USC 
prec. 2631. 
Definitions. 
Applicability. 
Applicability. 
Applicability. 
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126 STAT. 1782 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) in subsection (a), by striking ‘‘2012’’ and inserting 
‘‘2018’’; and 
(2) in subsection (b), by striking ‘‘2012’’ and inserting 
‘‘2018’’. 
(b) CORRECTION
OF
REFERENCE
TO
ADMINISTERING
SEC-
RETARY.—Such section is further amended— 
(1) in subsection (a), by striking ‘‘The Secretary of Transpor-
tation’’ and inserting ‘‘The Secretary concerned’’; and 
(2) in subsection (b), by striking ‘‘The Secretary of Home-
land Security’’ and inserting ‘‘The Secretary concerned’’. 
SEC. 632. TRANSITIONAL USE OF MILITARY FAMILY HOUSING. 
(a) RESUMPTION OF AUTHORITY TO AUTHORIZE TRANSITIONAL 
USE.—Subsection (a) of section 1147 of title 10, United States 
Code, is amended— 
(1) in paragraph (1), by striking ‘‘October 1, 1990, and 
ending on December 31, 2001’’ and inserting ‘‘October 1, 2012, 
and ending on December 31, 2018’’; and 
(2) in paragraph (2), by striking ‘‘October 1, 1994, and 
ending on December 31, 2001’’ and inserting ‘‘October 1, 2012, 
and ending on December 31, 2018’’. 
(b) PROHIBITION ON PROVISION OF TRANSITIONAL BASIC ALLOW-
ANCE FOR HOUSING.—Such section is further amended by adding 
at the end the following new subsection: 
‘‘(c) NO TRANSITIONAL BASIC ALLOWANCE
FOR HOUSING.— 
Nothing in this section shall be construed to authorize the Secretary 
concerned to continue to provide for any period of time to an 
individual who is involuntarily separated all or any portion of 
a basic allowance for housing to which the individual was entitled 
under section 403 of title 37 immediately before being involuntarily 
separated, even in cases in which the individual or members of 
the individual’s household continue to reside after the separation 
in a housing unit acquired or constructed under the alternative 
authority of subchapter IV of chapter 169 of this title that is 
not owned or leased by the United States.’’. 
(c) CORRECTION
OF
REFERENCE
TO
ADMINISTERING
SEC-
RETARY.—Subsection (a)(2) of such section is further amended by 
striking ‘‘The Secretary of Transportation’’ and inserting ‘‘The Sec-
retary concerned’’. 
Subtitle E—Disability, Retired Pay, and 
Survivor Benefits 
SEC. 641. REPEAL OF REQUIREMENT FOR PAYMENT OF SURVIVOR 
BENEFIT PLAN PREMIUMS WHEN PARTICIPANT WAIVES 
RETIRED PAY TO PROVIDE A SURVIVOR ANNUITY UNDER 
FEDERAL EMPLOYEES RETIREMENT SYSTEM AND TERMI-
NATING PAYMENT OF THE SURVIVOR BENEFIT PLAN 
ANNUITY. 
(a) DEPOSITS NOT REQUIRED.—Section 1452(e) of title 10, 
United States Code, is amended— 
(1) in the subsection heading, by inserting ‘‘AND FERS’’ 
after ‘‘CSRS’’; 
(2) by inserting ‘‘or chapter 84 of such title’’ after ‘‘chapter 
83 of title 5’’; 
(3) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; and 
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126 STAT. 1783 
PUBLIC LAW 112–239—JAN. 2, 2013 
(4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 
(b) CONFORMING AMENDMENTS.—Section 1450(d) of such title 
is amended— 
(1) by inserting ‘‘or chapter 84 of such title’’ after ‘‘chapter 
83 of title 5’’; 
(2) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; and 
(3) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 
(c) APPLICATION OF AMENDMENTS.—The amendments made by 
this section shall apply with respect to any participant electing 
an annuity for survivors under chapter 84 of title 5, United States 
Code, on or after the date of the enactment of this Act. 
SEC. 
642. 
REPEAL 
OF 
AUTOMATIC 
ENROLLMENT 
IN 
FAMILY 
SERVICEMEMBERS’ GROUP LIFE INSURANCE FOR MEM-
BERS OF THE ARMED FORCES MARRIED TO OTHER MEM-
BERS. 
Section 1967(a)(1) of title 38, United States Code, is amended— 
(1) in subparagraph (A)(ii), by inserting after ‘‘insurable 
dependent of the member’’ the following: ‘‘(other than a 
dependent who is also a member of a uniformed service and, 
because of such membership, is automatically insured under 
this paragraph)’’; and 
(2) in subparagraph (C)(ii), by inserting after ‘‘insurable 
dependent of the member’’ the following: ‘‘(other than a 
dependent who is also a member of a uniformed service and, 
because of such membership, is automatically insured under 
this paragraph)’’. 
SEC. 643. CLARIFICATION OF COMPUTATION OF COMBAT-RELATED 
SPECIAL COMPENSATION FOR CHAPTER 61 DISABILITY 
RETIREES. 
(a) IN GENERAL.—Section 1413a(b)(3) of title 10, United States 
Code, is amended by striking ‘‘shall be reduced by the amount 
(if any) by which the amount of the member’s retired pay under 
chapter 61 of this title exceeds’’ both places it appears and inserting 
‘‘may not, when combined with the amount of retired pay payable 
to the retiree after any such reduction under sections 5304 and 
5305 of title 38, cause the total of such combined payment to 
exceed’’. 
(b) EFFECTIVE DATE.—The amendment made by this section 
shall take effect as of January 1, 2013, and shall apply to payments 
for months beginning on or after that date. 
Subtitle 
F—Commissary 
and 
Non-
appropriated Fund Instrumentality Ben-
efits and Operations 
SEC. 651. REPEAL OF CERTAIN RECORDKEEPING AND REPORTING 
REQUIREMENTS 
APPLICABLE 
TO 
COMMISSARY 
AND 
EXCHANGE STORES OVERSEAS. 
(a) REPEAL.—Section 2489 of title 10, United States Code, is 
amended by striking subsections (b) and (c). 
(b) CONFORMING
AMENDMENTS.—Such section is further 
amended— 
Applicability. 
10 USC 1413a 
note. 
10 USC 1450 
note. 
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126 STAT. 1784 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) by striking ‘‘GENERAL AUTHORITY.—(1)’’ and inserting 
‘‘AUTHORITY TO ESTABLISH RESTRICTIONS.—’’; 
(2) by striking ‘‘(2)’’ and inserting ‘‘(b) LIMITATIONS
ON 
USE OF AUTHORITY.—’’; and 
(3) by redesignating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively. 
SEC. 652. TREATMENT OF FISHER HOUSE FOR THE FAMILIES OF THE 
FALLEN AND MEDITATION PAVILION AT DOVER AIR FORCE 
BASE, DELAWARE, AS A FISHER HOUSE. 
(a) FISHER HOUSES
AND AUTHORIZED FISHER HOUSE RESI-
DENTS.—Subsection (a) of section 2493 of title 10, United States 
Code, is amended— 
(1) in paragraph (1)(B), by striking ‘‘by patients’’ and all 
that follows through ‘‘such patients;’’ and inserting ‘‘by author-
ized Fisher House residents;’’; 
(2) by redesignating paragraph (2) as paragraph (3); 
(3) by inserting after paragraph (1) the following new para-
graph: 
‘‘(2) The term ‘Fisher House’ includes the Fisher House 
for the Families of the Fallen and Meditation Pavilion at Dover 
Air Force Base, Delaware, so long as such facility is available 
for residential use on a temporary basis by authorized Fisher 
House residents.’’; and 
(4) by adding at the end the following new paragraph: 
‘‘(4) The term ‘authorized Fisher House residents’ means 
the following: 
‘‘(A) With respect to a Fisher House described in para-
graph (1) that is located in proximity to a health care 
facility of the Army, the Air Force, or the Navy, the fol-
lowing persons: 
‘‘(i) Patients of that health care facility. 
‘‘(ii) Members of the families of such patients. 
‘‘(iii) Other persons providing the equivalent of 
familial support for such patients. 
‘‘(B) With respect to the Fisher House described in 
paragraph (2), the following persons: 
‘‘(i) The primary next of kin of a member of the 
armed forces who dies while located or serving over-
seas. 
‘‘(ii) Other family members of the deceased member 
who are eligible for transportation under section 
481f(e) of title 37. 
‘‘(iii) An escort of a family member described in 
clause (i) or (ii).’’. 
(b) CONFORMING AMENDMENTS.—Subsections (b), (e), and (f) 
of such section are amended by striking ‘‘health care’’ each place 
it appears. 
(c) REPEAL
OF FISCAL YEAR 2012 FREESTANDING DESIGNA-
TION.—Section 643 of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1466) is repealed. 
Definition. 
Definition. 
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126 STAT. 1785 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle G—Military Lending 
SEC. 661. ADDITIONAL ENHANCEMENTS OF PROTECTIONS ON CON-
SUMER CREDIT FOR MEMBERS OF THE ARMED FORCES 
AND THEIR DEPENDENTS. 
(a) PROTECTIONS AGAINST DIFFERENTIAL TREATMENT ON CON-
SUMER CREDIT UNDER STATE LAW.—Subsection (d)(2) of section 
987 of title 10, United States Code, is amended— 
(1) in subparagraph (A), by inserting ‘‘any consumer credit 
or’’ before ‘‘loans’’; and 
(2) in subparagraph (B), by inserting ‘‘covering consumer 
credit’’ after ‘‘State consumer lending protections’’. 
(b) REGULAR
CONSULTATIONS
ON
PROTECTION.—Subsection 
(h)(3) of such section is amended— 
(1) in the matter preceding subparagraph (A), by inserting 
‘‘and not less often than once every two years thereafter,’’ 
after ‘‘under this subsection,’’; and 
(2) by striking subparagraph (E) and inserting the following 
new subparagraph: 
‘‘(E) The Bureau of Consumer Financial Protection.’’. 
(c) EFFECTIVE DATE.— 
(1) MODIFICATION
OF
REGULATIONS.—The Secretary of 
Defense shall modify the regulations prescribed under sub-
section (h) of section 987 of title 10, United States Code, to 
take into account the amendments made by subsection (a). 
(2) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on— 
(A) the date that is one year after the date of the 
enactment of this Act; or 
(B) such earlier date as the Secretary shall specify 
in the modification of regulations required by paragraph 
(1). 
(3) PUBLICATION OF EARLIER DATE.—If the Secretary speci-
fies an earlier effective date for the amendments made by 
subsection (a) pursuant to paragraph (2)(B), the Secretary shall 
publish notice of such earlier effective date in the Federal 
Register not later than 90 days before such earlier effective 
date. 
SEC. 662. EFFECT OF VIOLATIONS OF PROTECTIONS ON CONSUMER 
CREDIT EXTENDED TO MEMBERS OF THE ARMED FORCES 
AND THEIR DEPENDENTS. 
(a) CIVIL LIABILITY.—Section 987(f) of title 10, United States 
Code, is amended by adding at the end the following new paragraph: 
‘‘(5) CIVIL LIABILITY.— 
‘‘(A) IN GENERAL.—A person who violates this section 
with respect to any person is civilly liable to such person 
for— 
‘‘(i) any actual damage sustained as a result, but 
not less than $500 for each violation; 
‘‘(ii) appropriate punitive damages; 
‘‘(iii) appropriate equitable or declaratory relief; 
and 
‘‘(iv) any other relief provided by law. 
‘‘(B) COSTS OF THE ACTION.—In any successful action 
to enforce the civil liability described in subparagraph (A), 
Federal Register, 
publication. 
Deadline. 
10 USC 987 note. 
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126 STAT. 1786 
PUBLIC LAW 112–239—JAN. 2, 2013 
the person who violated this section is also liable for the 
costs of the action, together with reasonable attorney fees 
as determined by the court. 
‘‘(C) EFFECT OF FINDING OF BAD FAITH AND HARASS-
MENT.—In any successful action by a defendant under this 
section, if the court finds the action was brought in bad 
faith and for the purpose of harassment, the plaintiff is 
liable for the attorney fees of the defendant as determined 
by the court to be reasonable in relation to the work 
expended and costs incurred. 
‘‘(D) DEFENSES.—A person may not be held liable for 
civil liability under this paragraph if the person shows 
by a preponderance of evidence that the violation was 
not intentional and resulted from a bona fide error notwith-
standing the maintenance of procedures reasonably 
adapted to avoid any such error. Examples of a bona fide 
error include clerical, calculation, computer malfunction 
and programming, and printing errors, except that an error 
of legal judgment with respect to a person’s obligations 
under this section is not a bona fide error. 
‘‘(E) JURISDICTION, VENUE, AND
STATUTE
OF
LIMITA-
TIONS.—An action for civil liability under this paragraph 
may be brought in any appropriate United States district 
court, without regard to the amount in controversy, or 
in any other court of competent jurisdiction, not later than 
the earlier of— 
‘‘(i) two years after the date of discovery by the 
plaintiff of the violation that is the basis for such 
liability; or 
‘‘(ii) five years after the date on which the violation 
that is the basis for such liability occurs.’’. 
(b) 
ENFORCEMENT
AUTHORITY.—Such 
section 
is 
further 
amended by inserting after paragraph (5), as added by subsection 
(a), the following new paragraph: 
‘‘(6) ADMINISTRATIVE ENFORCEMENT.—The provisions of this 
section (other than paragraph (1) of this subsection) shall be 
enforced by the agencies specified in section 108 of the Truth 
in Lending Act (15 U.S.C. 1607) in the manner set forth in 
that section or under any other applicable authorities available 
to such agencies by law.’’. 
(c) APPLICATION OF AMENDMENT.—The amendment made by 
subsection (a) shall apply with respect to consumer credit extended 
on or after the date of the enactment of this Act. 
SEC. 663. CONSISTENT DEFINITION OF DEPENDENT FOR PURPOSES 
OF APPLYING LIMITATIONS ON TERMS OF CONSUMER 
CREDIT EXTENDED TO CERTAIN MEMBERS OF THE ARMED 
FORCES AND THEIR DEPENDENTS. 
Paragraph (2) of section 987(i) of title 10, United States Code, 
is amended to read as follows: 
‘‘(2) DEPENDENT.—The term ‘dependent’, with respect to 
a covered member, means a person described in subparagraph 
(A), (D), (E), or (I) of section 1072(2) of this title.’’. 
10 USC 987 note. 
Deadline. 
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126 STAT. 1787 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle H—Military Compensation and 
Retirement Modernization Commission 
SEC. 671. PURPOSE, SCOPE, AND DEFINITIONS. 
(a) PURPOSE.—The purpose of this subtitle is to establish the 
Military Compensation and Retirement Modernization Commission 
to conduct a review of the military compensation and retirement 
systems and to make recommendations to modernize such systems 
in order to— 
(1) ensure the long-term viability of the All-Volunteer Force 
by sustaining the required human resources of that force during 
all levels of conflict and economic conditions; 
(2) enable the quality of life for members of the Armed 
Forces and the other uniformed services and their families 
in a manner that fosters successful recruitment, retention, and 
careers for members of the Armed Forces and the other uni-
formed services; and 
(3) modernize and achieve fiscal sustainability for the com-
pensation and retirement systems for the Armed Forces and 
the other uniformed services for the 21st century. 
(b) SCOPE OF REVIEW.— 
(1) REQUIRED ELEMENTS OF REVIEW.—In order to provide 
the fullest understanding of the matters required to balance 
the primary purpose of the review specified in subsection (a), 
the Commission shall make its recommendations for changes 
to the military compensation and retirement systems only 
after— 
(A) examining all laws, policies, and practices of the 
Federal Government that result in any direct payment 
of authorized or appropriated funds to— 
(i) current and former members (veteran and 
retired) of the uniformed services, including the reserve 
components of those services; and 
(ii) the spouses, family members, children, sur-
vivors, and other persons authorized to receive such 
payments as a result of their connection to the mem-
bers of the uniformed services named in clause (i); 
(B) examining all laws, policies, and practices of the 
Federal Government that result in any expenditure of 
authorized or appropriated funds to support the persons 
named in subparagraph (A) and their quality of life, 
including— 
(i) health, disability, survivor, education, and 
dependent support programs of the Department of 
Defense and the Department of Veterans Affairs, 
including outlays from the various Federal trust funds 
supporting those programs; 
(ii) Department of Education impact aid; 
(iii) support or funding provided to States, terri-
tories, colleges and universities; 
(iv) Department of Defense morale, recreation, and 
welfare programs, the resale programs (military 
exchanges and commissaries), and dependent school 
system; 
(v) the tax treatment of military compensation and 
benefits; and 
Recommenda- 
tions. 
Establishment. 
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126 STAT. 1788 
PUBLIC LAW 112–239—JAN. 2, 2013 
(vi) military family housing; and 
(C) such other matters as the Commission considers 
appropriate. 
(2) PRIORITIES.—In weighing its recommendations on those 
matters necessary to sustain the human resources of the All- 
Volunteer Force, the Commission shall— 
(A) pay particular attention to the interrelationships 
and interplay of impact between and among the various 
programs of the Federal Government, especially as those 
programs influence decisions of persons about joining the 
uniformed services and of members of the uniformed serv-
ices about remaining in the those services; and 
(B) closely weigh its recommendations regarding the 
web of interrelated programs supporting spouses and fami-
lies of members of the uniformed services, so that changes 
in such programs do not adversely impact decisions to 
remain in the uniformed services. 
(3) EXCEPTION.—The Commission shall not examine any 
program that uses appropriated funding for initial entry 
training or unit training of members of the uniformed services. 
(c) DEFINITIONS.—In this subtitle: 
(1) The term ‘‘Armed Forces’’ has the meaning given the 
term ‘‘armed forces’’ in section 101(a)(4) of title 10, United 
States Code. 
(2) The term ‘‘Commission’’ means the Military Compensa-
tion and Retirement Modernization Commission established by 
section 672. 
(3) The term ‘‘Commission establishment date’’ means the 
first day of the first month beginning on or after the date 
of the enactment of this Act. 
(4) The term ‘‘military compensation and retirement sys-
tems’’ means the military compensation system and the military 
retirement system. 
(5) The term ‘‘military compensation system’’ means provi-
sions of law providing eligibility for and the computation of 
military compensation, including regular military compensa-
tion, special and incentive pays and allowances, medical and 
dental care, educational assistance and related benefits, and 
commissary and exchange benefits and related benefits and 
activities. 
(6) The term ‘‘military retirement system’’ means retire-
ment benefits, including retired pay based upon service in 
the uniformed services and survivor annuities based upon such 
service. 
(7) The term ‘‘Secretary’’ means the Secretary of Defense. 
(8) The term ‘‘uniformed services’’ has the meaning given 
that term in section 101(a)(5) of title 10, United States Code. 
(9) The terms ‘‘veterans service organization’’ and ‘‘military- 
related advocacy group or association’’ mean an organization 
whose primary purpose is to advocate for veterans, military 
personnel, military retirees, or military families. 
SEC. 672. MILITARY COMPENSATION AND RETIREMENT MODERNIZA-
TION COMMISSION. 
(a) ESTABLISHMENT.—There is established in the executive 
branch an independent commission to be known as the Military 
Compensation and Retirement Modernization Commission. The 
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126 STAT. 1789 
PUBLIC LAW 112–239—JAN. 2, 2013 
Commission shall be considered an independent establishment of 
the Federal Government as defined by section 104 of title 5, United 
States Code, and a temporary organization under section 3161 
of such title. 
(b) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Commission shall be 
composed of nine members appointed as follows: 
(A) The President shall appoint one member. 
(B) The Majority Leader of the Senate, in consultation 
with the Chairman of the Committee on Armed Services 
of the Senate, shall appoint two members. 
(C) The Minority Leader of the Senate, in consultation 
with the Ranking Member of the Committee on Armed 
Services of the Senate, shall appoint two members. 
(D) The Speaker of the House of Representatives, in 
consultation with the Chairman of the Committee on 
Armed Services of the House of Representatives, shall 
appoint two members. 
(E) The Minority Leader of the House of Representa-
tives, in consultation with the Ranking Member of the 
Committee on Armed Services of the House of Representa-
tives, shall appoint two members. 
(2) DEADLINE
FOR
APPOINTMENT.—Members shall be 
appointed to the Commission under paragraph (1) not later 
than four months after the Commission establishment date. 
(3) 
QUALIFICATIONS
OF
INDIVIDUALS
APPOINTED.—In 
appointing members of the Commission, the President and 
Members of Congress specified in paragraph (1) shall ensure 
that, collectively, there are members with significant expertise 
regarding the matters described in section 671. The types of 
specific expertise and experience to be considered include the 
following: 
(A) Federal civilian employee compensation and retire-
ment. 
(B) Military compensation and retirement. 
(C) Private sector compensation, retirement, or human 
resource systems. 
(D) Active duty service in a regular component of the 
uniformed services. 
(E) Service in a reserve component. 
(F) Experience as a spouse of a member of the uni-
formed services. 
(G) Service as an enlisted member of the uniformed 
services. 
(H) 
Military 
family 
policy 
development 
and 
implementation. 
(I) Department of Veterans Affairs benefit programs. 
(J) Actuarial science. 
(4) LIMITATION.—An individual who, within the preceding 
year, has been employed by a veterans service organization 
or military-related advocacy group or association may not be 
appointed to the Commission. 
(c) CHAIR.—The President shall designate one of the members 
of the Commission to be Chair of the Commission. The individual 
designated as Chair of the Commission shall be a person who 
has expertise in the military compensation and retirement systems. 
The Chair, or the designee of the Chair, shall preside over meetings 
President. 
President. 
Congress. 
President. 
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126 STAT. 1790 
PUBLIC LAW 112–239—JAN. 2, 2013 
of the Commission and be responsible for establishing the agenda 
of Commission meetings and hearings. 
(d) TERMS.—Members shall be appointed for the life of the 
Commission. A vacancy in the Commission shall not affect its 
powers, and shall be filled in the same manner as the original 
appointment was made. 
(e) STATUS
AS FEDERAL EMPLOYEES.—Notwithstanding the 
requirements of section 2105 of title 5, United States Code, 
including the required supervision under subsection (a)(3) of such 
section, the members of the Commission shall be deemed to be 
Federal employees. 
(f) PAY FOR MEMBERS OF THE COMMISSION.— 
(1) IN GENERAL.—Each member, other than the Chair, of 
the Commission shall be paid at a rate equal to the daily 
equivalent of the annual rate of basic pay payable for level 
IV of the Executive Schedule under section 5315 of title 5, 
United States Code, for each day (including travel time) during 
which the member is engaged in the actual performance of 
duties vested in the Commission. 
(2) CHAIR.—The Chair of the Commission shall be paid 
at a rate equal to the daily equivalent of the annual rate 
of basic pay payable for level III of the Executive Schedule 
under section 5314, of title 5, United States Code, for each 
day (including travel time) during which the member is engaged 
in the actual performance of duties vested in the Commission. 
SEC. 673. COMMISSION HEARINGS AND MEETINGS. 
(a) IN GENERAL.—The Commission shall conduct hearings on 
the recommendations it is taking under consideration. Any such 
hearing, except a hearing in which classified information is to 
be considered, shall be open to the public. Any hearing open to 
the public shall be announced on a Federal website at least 14 
days in advance. For all hearings open to the public, the Commission 
shall release an agenda and a listing of materials relevant to 
the topics to be discussed. 
(b) MEETINGS.— 
(1) INITIAL MEETING.—The Commission shall hold its initial 
meeting not later than 30 days after the date as of which 
all members have been appointed. 
(2) SUBSEQUENT MEETINGS.—After its initial meeting, the 
Commission shall meet upon the call of the Chair or a majority 
of its members. 
(3) PUBLIC MEETINGS.—Each meeting of the Commission 
shall be held in public unless any member objects. 
(c) QUORUM.—Five members of the Commission shall constitute 
a quorum, but a lesser number may hold hearings. 
(d) PUBLIC COMMENTS.— 
(1) SOLICITATION.—The Commission shall seek written com-
ments from the general public and interested parties on meas-
ures to modernize the military compensation and retirement 
systems. Comments shall be requested through a solicitation 
in the Federal Register and announcement on the Internet 
website of the Commission. 
(2) PERIOD FOR SUBMITTAL.—The period for the submittal 
of comments pursuant to the solicitation under paragraph (1) 
shall end not earlier than 30 days after the date of the solicita-
tion and shall end on or before the date on which the Secretary 
Federal Register, 
publication. 
Web posting. 
Lists. 
Public 
information. 
Web posting. 
Deadlines. 
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126 STAT. 1791 
PUBLIC LAW 112–239—JAN. 2, 2013 
transmits the recommendations of the Secretary to the Commis-
sion under section 674(b). 
(3) USE BY COMMISSION.—The Commission shall consider 
the comments submitted under this subsection when developing 
its recommendations. 
(e) SPACE FOR USE OF COMMISSION.—Not later than 90 days 
after the date of the enactment of this Act, the Administrator 
of General Services, in consultation with the Secretary, shall iden-
tify and make available suitable excess space within the Federal 
space inventory to house the operations of the Commission. If 
the Administrator is not able to make such suitable excess space 
available within such 90-day period, the Commission may lease 
space to the extent the funds are available. 
(f) CONTRACTING AUTHORITY.—The Commission may acquire 
administrative supplies and equipment for Commission use to the 
extent funds are available. 
SEC. 674. PRINCIPLES AND PROCEDURE FOR COMMISSION REC-
OMMENDATIONS. 
(a) CONTEXT OF COMMISSION REVIEW.—The Commission shall 
conduct a review of the matters described in section 671, including 
current military compensation and retirement systems, force 
management objectives, and changes in life expectancy and the 
labor force. 
(b) DEVELOPMENT OF COMMISSION RECOMMENDATIONS.— 
(1) CONSISTENCY WITH PRESIDENTIAL PRINCIPLES.—Subject 
to paragraph (2), the Commission shall develop recommenda-
tions that are consistent with the principles established by 
the President under subsection (c) and section 671. 
(2) GRANDFATHERING OF RETIRED PAY.— 
(A) CONDITIONS.—In developing its recommendations, 
the Commission shall comply with the following conditions 
with regard to the treatment of retired pay for members 
and retired members of the uniformed services who joined 
a uniformed service before the date of the enactment of 
an Act to modernize the military compensation and retire-
ment systems: 
(i) For members of the uniformed services as of 
such date, who became members before the enactment 
of such an Act, the monthly amount of their retired 
pay may not be less than they would have received 
under the current military compensation and retire-
ment system, nor may the date at which they are 
eligible to receive their military retired pay be adjusted 
to the financial detriment of the member. 
(ii) For members of the uniformed services retired 
as of such date, the eligibility for and receipt of their 
retired pay may not be adjusted pursuant to any 
change made by the enactment of such an Act. 
(B) VOLUNTARY
ELECTION
EXCEPTION.—Nothing in 
subparagraph (A) prevents a member described in such 
subparagraph from voluntarily electing to be covered under 
the provisions of an Act to modernize the military com-
pensation and retirement systems. 
(c) PRESIDENTIAL PRINCIPLES.—Not later than five months after 
the Commission establishment date, the President shall establish 
Deadline. 
Compliance. 
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126 STAT. 1792 
PUBLIC LAW 112–239—JAN. 2, 2013 
and transmit to the Commission and Congress principles for mod-
ernizing the military compensation and retirement systems. The 
principles established by the President shall address the following: 
(1) Maintaining recruitment and retention of the best mili-
tary personnel. 
(2) Modernizing the regular and reserve military compensa-
tion and retirement systems. 
(3) Differentiating between regular and reserve military 
service. 
(4) Differentiating between service in the Armed Forces 
and service in the other uniformed services. 
(5) Assisting with force management. 
(6) Ensuring the fiscal sustainability of the military com-
pensation and retirement systems. 
(7) Compliance with the purpose and scope of the review 
prescribed in section 671. 
(d) SECRETARY OF DEFENSE RECOMMENDATIONS.— 
(1) DEADLINE.—Not later than nine months after the 
Commission establishment date, the Secretary shall transmit 
to the Commission the recommendations of the Secretary for 
modernization of the military compensation and retirement 
systems. The Secretary shall concurrently transmit the rec-
ommendations to Congress. 
(2) DEVELOPMENT OF RECOMMENDATIONS.—The Secretary 
shall develop the recommendations of the Secretary under para-
graph (1)— 
(A) on the basis of the principles established by the 
President pursuant to subsection (c); 
(B) in consultation with the Secretary of Homeland 
Security, with respect to recommendations concerning 
members of the Coast Guard; 
(C) in consultation with the Secretary of Health and 
Human Services, with respect to recommendations con-
cerning members of the Public Health Service; 
(D) in consultation with the Secretary of Commerce, 
with respect to recommendations concerning members of 
the National Oceanic and Atmospheric Administration; and 
(E) in consultation with the Director of the Office of 
Management and Budget. 
(3) JUSTIFICATION.—The Secretary shall include with the 
recommendations under paragraph (1) the justification of the 
Secretary for each recommendation. 
(4) AVAILABILITY
OF
INFORMATION.—The Secretary shall 
make available to the Commission and to Congress the informa-
tion used by the Secretary to prepare the recommendations 
of the Secretary under paragraph (1). 
(e) COMMISSION HEARINGS
ON RECOMMENDATIONS
OF SEC-
RETARY.—After receiving from the Secretary the recommendations 
of the Secretary for modernization of the military compensation 
and retirement systems under subsection (d), the Commission shall 
conduct public hearings on the recommendations. 
(f) COMMISSION REPORT AND RECOMMENDATIONS.— 
(1) REPORT.—Not later than 15 months after the Commis-
sion establishment date, the Commission shall transmit to the 
President a report containing the findings and conclusions of 
the Commission, together with the recommendations of the 
Commission for the modernization of the military compensation 
Public 
information. 
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126 STAT. 1793 
PUBLIC LAW 112–239—JAN. 2, 2013 
and retirement systems. The Commission shall include in the 
report legislative language to implement the recommendations 
of the Commission. The findings and conclusions in the report 
shall be based on the review and analysis by the Commission 
of the recommendations made by the Secretary under sub-
section (d). 
(2) REQUIREMENT FOR APPROVAL.—The recommendations 
of the Commission must be approved by at least five members 
of the Commission before the recommendations may be trans-
mitted to the President under paragraph (1). 
(3) PROCEDURES FOR CHANGING RECOMMENDATIONS OF SEC-
RETARY.—The Commission may make a change described in 
paragraph (4) in the recommendations made by the Secretary 
only if the Commission— 
(A) determines that the change is consistent with the 
principles established by the President under subsection 
(c); 
(B) publishes a notice of the proposed change not less 
than 45 days before transmitting its recommendations to 
the President pursuant to paragraph (1); and 
(C) conducts a public hearing on the proposed change. 
(4) COVERED CHANGES.—Paragraph (3) applies to a change 
by the Commission in the recommendations of the Secretary 
that would— 
(A) add a new recommendation; 
(B) delete a recommendation; or 
(C) substantially change a recommendation. 
(5) EXPLANATION AND JUSTIFICATION FOR CHANGES.—The 
Commission shall explain and justify in its report submitted 
to the President under paragraph (1) any recommendation made 
by the Commission that is different from the recommendations 
made by the Secretary under subsection (d). 
(6) TRANSMITTAL
TO
CONGRESS.—The Commission shall 
transmit a copy of its report to Congress on the same date 
on which it transmits its report to the President under para-
graph (1). 
SEC. 675. CONSIDERATION OF COMMISSION RECOMMENDATIONS BY 
THE PRESIDENT. 
(a) REPORT OF PRESIDENTIAL APPROVAL OR DISAPPROVAL.—Not 
later than 60 days after the date on which the Commission trans-
mits its report to the President under section 674, the President 
shall transmit to the Commission and to Congress a report con-
taining the approval or disapproval by the President of the rec-
ommendations of the Commission in the report. 
(b) PRESIDENTIAL APPROVAL.—If in the report under subsection 
(a) the President approves all the recommendations of the Commis-
sion, the President shall include with the report the following: 
(1) A copy of the recommendations of the Commission. 
(2) The certification by the President of the approval of 
the President of each recommendation. 
(3) The legislative language transmitted by the Commission 
to the President as part of the report of the Commission. 
(c) PRESIDENTIAL DISAPPROVAL.— 
(1) REASONS FOR DISAPPROVAL.—If in the report under sub-
section (a) the President disapproves the recommendations of 
Certification. 
Records. 
Records. 
Public 
information. 
Applicability. 
Notice. 
Deadline. 
Determination. 
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126 STAT. 1794 
PUBLIC LAW 112–239—JAN. 2, 2013 
the Commission, in whole or in part, the President shall include 
in the report the reasons for that disapproval. 
(2) REVISED
RECOMMENDATIONS
FROM
COMMISSION.—Not 
later than one month after the date of the report of the Presi-
dent under subsection (a) disapproving the recommendations 
of the Commission, the Commission shall transmit to the Presi-
dent revised recommendations for the modernization of the 
military compensation and retirement systems, together with 
revised legislative language to implement the revised rec-
ommendations of the Commission. 
(3) ACTION ON REVISED RECOMMENDATIONS.—If the Presi-
dent approves all of the revised recommendations of the 
Commission transmitted pursuant to paragraph (2), the Presi-
dent shall transmit to Congress, not later than one month 
after receiving the revised recommendations, the following: 
(A) A copy of the revised recommendations. 
(B) The certification by the President of the approval 
of the President of each recommendation as so revised. 
(C) The revised legislative language transmitted to 
the President. 
(d) TERMINATION OF COMMISSION.—If the President does not 
transmit to Congress an approval and certification described in 
subsection (b) or (c)(3) in accordance with the applicable deadline 
under such subsection, the Commission shall be terminated not 
later than one month after the expiration of the period for trans-
mittal of a report under subsection (c)(3). 
SEC. 676. EXECUTIVE DIRECTOR. 
(a) APPOINTMENT.—The Commission shall appoint and fix the 
rate of basic pay for an Executive Director in accordance with 
section 3161 of title 5, United States Code. 
(b) LIMITATIONS.—The Executive Director may not have served 
on active duty in the Armed Forces or as a civilian employee 
of the Department of Defense during the one-year period preceding 
the date of such appointment and may not have been employed 
by a veterans service organization or a military-related advocacy 
group or association during that one-year period. 
SEC. 677. STAFF. 
(a) IN GENERAL.—Subject to subsections (b) and (c), the Execu-
tive Director, with the approval of the Commission, may appoint 
and fix the rate of basic pay for additional personnel as staff 
of the Commission in accordance with section 3161 of title 5, United 
States Code. 
(b) LIMITATIONS ON STAFF.— 
(1) NUMBER OF DETAILEES FROM EXECUTIVE DEPARTMENT.— 
Not more than one-third of the personnel employed by or 
detailed to the Commission may be on detail from the Depart-
ment of Defense and other executive branch departments. 
(2) PRIOR DUTIES WITHIN EXECUTIVE BRANCH.—A person 
may not be detailed from the Department of Defense or other 
executive branch department to the Commission if, in the year 
before the detail is to begin, that person participated personally 
and substantially in any matter concerning the preparation 
of recommendations for military compensation and retirement 
modernization. 
(3) NUMBER OF DETAILEES ELIGIBLE FOR MILITARY RETIRED 
PAY.—Not more than one-fourth of the personnel employed 
Certification. 
Records. 
Deadline. 
Deadline. 
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126 STAT. 1795 
PUBLIC LAW 112–239—JAN. 2, 2013 
by or detailed to the Commission may be persons eligible for 
or receiving military retired pay. 
(4) PRIOR
EMPLOYMENT
WITH
CERTAIN
ORGANIZATIONS.— 
A person may not be employed by or detailed to the Commission 
if, in the year before the employment or detail is to begin, 
that person was employed by a veterans service organization 
or a military-related advocacy group or association. 
(c) LIMITATIONS ON PERFORMANCE REVIEWS.—No member of 
the uniformed services, and no officer or employee of the Depart-
ment of Defense or other executive branch department, may— 
(1) prepare any report concerning the effectiveness, fitness, 
or efficiency of the performance of the staff of the Commission 
or any person detailed to that staff; 
(2) review the preparation of such a report; or 
(3) approve or disapprove such a report. 
SEC. 678. JUDICIAL REVIEW PRECLUDED. 
The following shall not be subject to judicial review: 
(1) Actions of the President, the Secretary, and the Commis-
sion under section 674. 
(2) Actions of the President under section 675. 
SEC. 679. TERMINATION. 
Except as otherwise provided in this title, the Commission 
shall terminate not later than 26 months after the Commission 
establishment date. 
SEC. 680. FUNDING. 
Of the amounts authorized to be appropriated by this Act 
for the Department of Defense for fiscal year 2013, up to 
$10,000,000 shall be made available to the Commission to carry 
out its duties under this subtitle. Funds made available to the 
Commission under the preceding sentence shall remain available 
until expended. 
Subtitle I—Other Matters 
SEC. 681. EQUAL TREATMENT FOR MEMBERS OF COAST GUARD 
RESERVE CALLED TO ACTIVE DUTY UNDER TITLE 14, 
UNITED STATES CODE. 
(a) INCLUSION IN DEFINITION OF CONTINGENCY OPERATION.— 
Section 101(a)(13)(B) of title 10, United States Code, is amended 
by inserting ‘‘section 712 of title 14,’’ after ‘‘chapter 15 of this 
title,’’. 
(b) CREDIT OF SERVICE TOWARDS REDUCTION OF ELIGIBILITY 
AGE FOR RECEIPT OF RETIRED PAY FOR NON-REGULAR SERVICE.— 
Section 12731(f)(2)(B) of title 10, United States Code, is amended 
by adding at the end the following new clause: 
‘‘(iv) Service on active duty described in this subparagraph 
is also service on active duty pursuant to a call or order to active 
duty authorized by the Secretary of Homeland Security under sec-
tion 712 of title 14 for purposes of emergency augmentation of 
the Regular Coast Guard forces.’’. 
(c) POST 9/11 EDUCATIONAL ASSISTANCE.—Section 3301(1)(B) 
of title 38, United States Code, is amended by inserting ‘‘or section 
712 of title 14’’ after ‘‘title 10’’. 
(d) RETROACTIVE APPLICATION OF AMENDMENTS.— 
10 USC 101 note. 
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126 STAT. 1796 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) INCLUSION OF PRIOR ORDERS.—The amendments made 
by this section shall apply to any call or order to active duty 
authorized under section 712 of title 14, United States Code, 
on or after December 31, 2011, by the Secretary of the executive 
department in which the Coast Guard is operating. 
(2) CREDIT FOR PRIOR SERVICE.—The amendments made 
by this section shall be deemed to have been enacted on 
December 31, 2011, for purposes of applying the amendments 
to the following provisions of law: 
(A) Section 5538 of title 5, United States Code, relating 
to nonreduction in pay. 
(B) Section 701 of title 10, United States Code, relating 
to the accumulation and retention of leave. 
(C) Section 12731 of title 10, United States Code, 
relating to age and service requirements for receipt of 
retired pay for non-regular service. 
SEC. 682. REPORT REGARDING DEPARTMENT OF VETERANS AFFAIRS 
CLAIMS PROCESS TRANSFORMATION PLAN. 
(a) REPORT REQUIRED.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Veterans Affairs 
shall submit to the Committees on Armed Forces and the Commit-
tees on Veterans’ Affairs of the Senate and House of Representatives 
a report on the plan of the Secretary of Veterans Affairs to reduce 
the backlog of claims for benefits under laws administered by the 
Secretary that are pending as of the date of the enactment of 
this Act and to more efficiently and fairly process claims for such 
benefits in the future. 
(b) CONTENTS OF REPORT.— The report required in under sub-
section (a) shall include each of the following: 
(1) A detailed explanation of the Veterans Benefits 
Administration Claims Transformation Plan, including— 
(A) a timeline and steps to completion with anticipated 
completion dates; 
(B) all benchmarks and indicia of success that the 
Secretary will use to measure the success or failure of 
each step in the Transformation Plan; and 
(C) the estimated costs, by fiscal year for each of the 
five fiscal years following the fiscal year during which 
the report is submitted, associated with the Transformation 
Plan, including training and personnel costs, as well as 
the increase or decrease in the number of personnel 
expected as part of the Transformation Plan. 
(2) A detailed explanation of the claims process that is 
expected to result after the completion of the Transformation 
Plan, from initial filing of claim to the award or denial of 
benefits, including any appellate steps in the process. 
(3) A detailed explanation of the roles and purposes of 
the Program Management Office, the Veterans Benefits 
Administration Transformation Governance Board, Trans-
formation Joint Executive Board, and Design Teams, including 
a list of personnel for each entity as well as current and 
projected costs over the subsequent five fiscal years to operate 
and staff each entity. 
(4) A detailed explanation of all steps taken thus far to 
involve non-Federal entities in the claims process, including 
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126 STAT. 1797 
PUBLIC LAW 112–239—JAN. 2, 2013 
the Texas Veterans Commission and other State or local agen-
cies relating to veterans’ affairs, veterans service organizations, 
and other not-for-profit entities. 
(5) A plan for the Secretary to partner with non-Federal 
entities to support efforts to reduce the backlog of claims for 
benefits under laws administered by the Secretary and to more 
efficiently and fairly process such claims in the future, including 
State and local agencies relating to veterans affairs, veterans 
service organizations, and such other relevant Government and 
non-Government entities as the Secretary considers appro-
priate. Such plan shall include— 
(A) a description of how the Secretary intends to lever-
age such partnerships with non-Federal entities to elimi-
nate the backlog by— 
(i) increasing the percentage of new claims that 
are fully developed prior to submittal to the Secretary 
and expediting the processing of such claims; and 
(ii) helping claimants gather and submit necessary 
evidence for claims that were previously filed but 
require further development; and 
(B) a description of how such partnerships with non- 
Federal entities will fit into the Transformation Plan. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—TRICARE and Other Health Care Benefits 
Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental program 
for members of the Selected Reserve who are involuntarily separated. 
Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform for-
mulary. 
Sec. 703. Modification of requirements on mental health assessments for members 
of the Armed Forces deployed in connection with a contingency oper-
ation. 
Sec. 704. Use of Department of Defense funds for abortions in cases of rape and 
incest. 
Sec. 705. Pilot program on certain treatments of autism under the TRICARE pro-
gram. 
Sec. 706. Pilot program on enhancements of Department of Defense efforts on men-
tal health in the National Guard and Reserves through community part-
nerships. 
Sec. 707. Sense of Congress on health care for retired members of the uniformed 
services. 
Subtitle B—Health Care Administration 
Sec. 711. Authority for automatic enrollment in TRICARE Prime of dependents of 
members in pay grades above pay grade E–4. 
Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the TRICARE 
program. 
Sec. 713. Clarification of applicability of certain authority and requirements to sub-
contractors employed to provide health care services to the Department 
of Defense. 
Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE program. 
Sec. 715. Requirement to ensure the effectiveness and efficiency of health engage-
ments. 
Sec. 716. Pilot program for refills of maintenance medications for TRICARE for Life 
beneficiaries through the TRICARE mail-order pharmacy program. 
Subtitle C—Mental Health Care and Veterans Matters 
Sec. 723. Sharing between Department of Defense and Department of Veterans Af-
fairs of records and information retained under the medical tracking 
system for members of the Armed Forces deployed overseas. 
Sec. 724. Participation of members of the Armed Forces in peer support counseling 
programs of the Department of Veterans Affairs. 
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126 STAT. 1798 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 725. Research and medical practice on mental health conditions. 
Sec. 726. Transparency in mental health care services provided by the Department 
of Veterans Affairs. 
Sec. 727. Expansion of Vet Center Program to include furnishing counseling to cer-
tain members of the Armed Forces and their family members. 
Sec. 728. Organization of the Readjustment Counseling Service in the Department 
of Veterans Affairs. 
Sec. 729. Recruitment of mental health providers for furnishing mental health 
services on behalf of the Department of Veterans Affairs without com-
pensation from the Department. 
Sec. 730. Peer support. 
Subtitle D—Reports and Other Matters 
Sec. 731. Plan for reform of the administration of the military health system. 
Sec. 732. Future availability of TRICARE Prime throughout the United States. 
Sec. 733. Extension of Comptroller General report on contract health care staffing 
for military medical treatment facilities. 
Sec. 734. Extension of Comptroller General report on women-specific health serv-
ices and treatment for female members of the Armed Forces. 
Sec. 735. Study on health care and related support for children of members of the 
Armed Forces. 
Sec. 736. Report on strategy to transition to use of human-based methods for cer-
tain medical training. 
Sec. 737. Study on incidence of breast cancer among members of the Armed Forces 
serving on active duty. 
Sec. 738. Performance metrics and reports on Warriors in Transition programs of 
the military departments. 
Sec. 739. Plan to eliminate gaps and redundancies in programs of the Department 
of Defense on psychological health and traumatic brain injury. 
Subtitle A—TRICARE and Other Health 
Care Benefits 
SEC. 701. EXTENSION OF TRICARE STANDARD COVERAGE AND 
TRICARE DENTAL PROGRAM FOR MEMBERS OF THE 
SELECTED RESERVE WHO ARE INVOLUNTARILY SEPA-
RATED. 
(a) TRICARE STANDARD COVERAGE.—Section 1076d(b) of title 
10, United States Code, is amended— 
(1) by striking ‘‘Eligibility’’ and inserting ‘‘(1) Except as 
provided in paragraph (2), eligibility’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) During the period beginning on the date of the enactment 
of this paragraph and ending December 31, 2018, eligibility for 
a member under this section who is involuntarily separated from 
the Selected Reserve under other than adverse conditions, as 
characterized by the Secretary concerned, shall terminate 180 days 
after the date on which the member is separated.’’. 
(b) TRICARE DENTAL COVERAGE.—Section 1076a(a)(1) of such 
title is amended by adding at the end the following new sentence: 
‘‘During the period beginning on the date of the enactment of 
this sentence and ending December 31, 2018, such plan shall pro-
vide that coverage for a member of the Selected Reserve who 
is involuntarily separated from the Selected Reserve under other 
than adverse conditions, as characterized by the Secretary con-
cerned, shall not terminate earlier than 180 days after the date 
on which the member is separated.’’. 
SEC. 702. INCLUSION OF CERTAIN OVER-THE-COUNTER DRUGS IN 
TRICARE UNIFORM FORMULARY. 
(a) INCLUSION.—Subsection (a)(2) of section 1074g of title 10, 
United States Code, is amended— 
Time period. 
Termination 
dates. 
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126 STAT. 1799 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) in subparagraph (D), by striking ‘‘No pharmaceutical 
agent may be excluded’’ and inserting ‘‘Except as provided 
in subparagraph (F), no pharmaceutical agent may be 
excluded’’; and 
(2) by adding at the end the following new subparagraph: 
‘‘(F)(i) The Secretary may implement procedures to place 
selected over-the-counter drugs on the uniform formulary and to 
make such drugs available to eligible covered beneficiaries. An 
over-the-counter drug may be included on the uniform formulary 
only if the Pharmacy and Therapeutics Committee established 
under subsection (b) finds that the over-the-counter drug is cost 
effective and clinically effective. If the Pharmacy and Therapeutics 
Committee recommends an over-the-counter drug for inclusion on 
the uniform formulary, the drug shall be considered to be in the 
same therapeutic class of pharmaceutical agents, as determined 
by the Committee, as similar prescription drugs. 
‘‘(ii) Regulations prescribed by the Secretary to carry out clause 
(i) shall include the following with respect to over-the-counter drugs 
included on the uniform formulary: 
‘‘(I) A determination of the means and conditions under 
paragraphs (5) and (6) through which over-the-counter drugs 
will be available to eligible covered beneficiaries and the 
amount of cost sharing that such beneficiaries will be required 
to pay for over-the-counter drugs, if any, except that no such 
cost sharing may be required for a member of a uniformed 
service on active duty. 
‘‘(II) Any terms and conditions for the dispensing of over- 
the-counter drugs to eligible covered beneficiaries.’’. 
(b) DEFINITIONS.—Subsection (g) of such section is amended 
by adding at the end the following new paragraphs: 
‘‘(3) The term ‘over-the-counter drug’ means a drug that 
is not subject to section 503(b) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 353(b)). 
‘‘(4) The term ‘prescription drug’ means a drug that is 
subject to section 503(b) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 353(b)).’’. 
(c) TECHNICAL AMENDMENTS.— 
(1) CROSS-REFERENCE
AMENDMENT.—Subsection (b)(1) of 
such section is amended by striking ‘‘subsection (g)’’ and 
inserting ‘‘subsection (h)’’. 
(2) REPEAL OF OBSOLETE PROVISIONS.— 
(A) Subsection (a)(2)(D) of such section is amended 
by striking the last sentence. 
(B) Subsection (b)(2) of such section is amended by 
striking ‘‘Not later than’’ and all the follows through ‘‘such 
90-day period, the committee’’ and inserting ‘‘The com-
mittee’’. 
(C) Subsection (d)(2) of such section is amended— 
(i) by striking ‘‘Effective not later than April 5, 
2000, the Secretary’’ and inserting ‘‘The Secretary’’; 
and 
(ii) by striking ‘‘the current managed care support 
contracts’’ and inserting ‘‘the managed care support 
contracts current as of October 5, 1999,’’. 
Determination. 
Regulations. 
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126 STAT. 1800 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 703. MODIFICATION OF REQUIREMENTS ON MENTAL HEALTH 
ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES 
DEPLOYED IN CONNECTION WITH A CONTINGENCY OPER-
ATION. 
Section 1074m(a)(1)(C)(i) of title 10, United States Code, is 
amended by striking ‘‘one year’’ and inserting ‘‘18 months’’. 
SEC. 704. USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS 
IN CASES OF RAPE AND INCEST. 
Section 1093(a) of title 10, United States Code, is amended 
by inserting before the period at the end the following: ‘‘or in 
a case in which the pregnancy is the result of an act of rape 
or incest’’. 
SEC. 705. PILOT PROGRAM ON CERTAIN TREATMENTS OF AUTISM 
UNDER THE TRICARE PROGRAM. 
(a) PILOT PROGRAM.— 
(1) IN GENERAL.—The Secretary of Defense shall conduct 
a pilot program to provide for the treatment of autism spectrum 
disorders, including applied behavior analysis. 
(2) COMMENCEMENT.—The Secretary shall commence the 
pilot program under paragraph (1) by not later than 90 days 
after the date of the enactment of this Act. 
(b) DURATION.—The Secretary may not carry out the pilot pro-
gram under subsection (a)(1) for longer than a one-year period. 
(c) REPORT.—Not later than 270 days after the date on which 
the pilot program under subsection (a)(1) commences, the Secretary 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the pilot program. 
The report shall include the following: 
(1) An assessment of the feasibility and advisability of 
establishing a beneficiary cost share for the treatment of autism 
spectrum disorders. 
(2) A comparison of providing such treatment under— 
(A) the ECHO Program; and 
(B) the TRICARE program other than under the ECHO 
Program. 
(3) Any recommendations for changes in legislation. 
(4) Any additional information the Secretary considers 
appropriate. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘ECHO Program’’ means the Extended Care 
Health Option under subsections (d) through (f) of section 1079 
of title 10, United States Code. 
(2) The term ‘‘TRICARE program’’ has the meaning given 
that term in section 1072(7) of title 10, United States Code. 
SEC. 706. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF 
DEFENSE EFFORTS ON MENTAL HEALTH IN THE NATIONAL 
GUARD AND RESERVES THROUGH COMMUNITY PARTNER-
SHIPS. 
(a) PROGRAM AUTHORITY.—The Secretary of Defense may carry 
out a pilot program to enhance the efforts of the Department 
of Defense in research, treatment, education, and outreach on 
mental health and substance use disorders and traumatic brain 
injury in members of the National Guard and Reserves, their family 
members, and their caregivers through community partners. 
10 USC 10101 
note. 
10 USC 1092 
note. 
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126 STAT. 1801 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) AGREEMENTS WITH COMMUNITY PARTNERS.—In carrying out 
the pilot program authorized by subsection (a), the Secretary may 
enter into partnership agreements with community partners 
described in subsection (c) using a competitive and merit-based 
award process. 
(c) COMMUNITY PARTNER DESCRIBED.—A community partner 
described in this subsection is a private non-profit organization 
or institution that meets such qualifications as the Secretary shall 
establish for purposes of the pilot program and engages in one 
or more of the following: 
(1) Research on the causes, development, and innovative 
treatment of mental health and substance use disorders and 
traumatic brain injury in members of the National Guard and 
Reserves, their family members, and their caregivers. 
(2) Identifying and disseminating evidence-based treat-
ments of mental health and substance use disorders and trau-
matic brain injury described in paragraph (1). 
(3) Outreach and education to such members, their families 
and caregivers, and the public about mental health and sub-
stance use disorders and traumatic brain injury described in 
paragraph (1). 
(d) DURATION.—The duration of the pilot program may not 
exceed three years. 
(e) REPORT.—Not later than 180 days before the completion 
of the pilot program, the Secretary of Defense shall submit to 
the Secretary of Veterans Affairs and the congressional defense 
committees a report on the results of the pilot program, including 
the number of members of the National Guard and Reserves pro-
vided treatment or services by community partners, and a descrip-
tion and assessment of the effectiveness and achievements of the 
pilot program with respect to research, treatment, education, and 
outreach on mental health and substance use disorders and trau-
matic brain injury. 
SEC. 707. SENSE OF CONGRESS ON HEALTH CARE FOR RETIRED MEM-
BERS OF THE UNIFORMED SERVICES. 
It is the sense of Congress that— 
(1) members of the uniformed services and their families 
endure unique and extraordinary demands and make extraor-
dinary sacrifices over the course of 20 to 30 years of service 
in protecting freedom for all Americans, as do those who have 
been medically retired due to the hardships of military service; 
and 
(2) access to quality health care services is an earned 
benefit during retirement in acknowledgment of their contribu-
tions of service and sacrifice. 
Subtitle B—Health Care Administration 
SEC. 711. AUTHORITY FOR AUTOMATIC ENROLLMENT IN TRICARE 
PRIME OF DEPENDENTS OF MEMBERS IN PAY GRADES 
ABOVE PAY GRADE E–4. 
Subsection (a) of section 1097a of title 10, United States Code, 
is amended to read as follows: 
‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DEPENDENTS.—(1) 
In the case of a dependent of a member of the uniformed services 
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126 STAT. 1802 
PUBLIC LAW 112–239—JAN. 2, 2013 
who is entitled to medical and dental care under section 
1076(a)(2)(A) of this title and resides in a catchment area in which 
TRICARE Prime is offered, the Secretary— 
‘‘(A) shall automatically enroll the dependent in TRICARE 
Prime if the member is in pay grade E–4 or below; and 
‘‘(B) may automatically enroll the dependent in TRICARE 
Prime if the member is in pay grade E–5 or higher. 
‘‘(2) Whenever a dependent of a member is enrolled in TRICARE 
Prime under paragraph (1), the Secretary concerned shall provide 
written notice of the enrollment to the member. 
‘‘(3) The enrollment of a dependent of the member may be 
terminated by the member or the dependent at any time.’’. 
SEC. 712. COST-SHARING RATES FOR THE PHARMACY BENEFITS PRO-
GRAM OF THE TRICARE PROGRAM. 
(a) IN GENERAL.—Section 1074g(a)(6) of title 10, United States 
Code, is amended— 
(1) by striking subparagraph (A) and inserting the following 
new subparagraph (A): 
‘‘(A) The Secretary, in the regulations prescribed under sub-
section (h), shall establish cost-sharing requirements under the 
pharmacy benefits program. In accordance with subparagraph (C), 
such cost-sharing requirements shall consist of the following: 
‘‘(i) With respect to each supply of a prescription covering 
not more than 30 days that is obtained by a covered beneficiary 
under the TRICARE retail pharmacy program— 
‘‘(I) in the case of generic agents, $5; 
‘‘(II) in the case of formulary agents, $17; and 
‘‘(III) in the case of nonformulary agents, $44. 
‘‘(ii) With respect to each supply of a prescription covering 
not more than 90 days that is obtained by a covered beneficiary 
under the national mail-order pharmacy program— 
‘‘(I) in the case of generic agents, $0; 
‘‘(II) in the case of formulary agents, $13; and 
‘‘(III) in the case of nonformulary agents, $43.’’; and 
(2) by adding at the end the following new subparagraph: 
‘‘(C)(i) Beginning October 1, 2013, the amount of any increase 
in a cost-sharing amount specified in subparagraph (A) in a year 
may not exceed the amount equal to the percentage of such cost- 
sharing amount at the time of such increase equal to the percentage 
by which retired pay is increased under section 1401a of this 
title in that year. 
‘‘(ii) If the amount of the increase otherwise provided for a 
year by clause (i) is less than $1, the increase shall not be made 
for such year, but shall be carried over to, and accumulated with, 
the amount of the increase for the subsequent year or years and 
made when the aggregate amount of increases carried over under 
this clause for a year is $1 or more. 
‘‘(iii) The provisions of this subparagraph shall not apply to 
any increase in cost-sharing amounts described in clause (i) that 
is made by the Secretary of Defense on or after October 1, 2022. 
The Secretary may increase copayments, as considered appropriate 
by the Secretary, beginning on October 1, 2022.’’. 
(b) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The cost-sharing requirements under 
subparagraph (A) of section 1074g(a)(6) of title 10, United 
States Code, as amended by subsection (a)(1), shall apply with 
10 USC 1074g 
note. 
Applicability. 
Effective date. 
Effective date. 
Requirements. 
Notification. 
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126 STAT. 1803 
PUBLIC LAW 112–239—JAN. 2, 2013 
respect to prescriptions obtained under the TRICARE pharmacy 
benefits program on or after such date as the Secretary of 
Defense shall specify, but not later than the date that is 45 
days after the date of the enactment of this Act. 
(2) FEDERAL REGISTER.—The Secretary shall publish notice 
of the effective date of the cost-sharing requirements specified 
under paragraph (1) in the Federal Register. 
SEC. 713. CLARIFICATION OF APPLICABILITY OF CERTAIN AUTHORITY 
AND REQUIREMENTS TO SUBCONTRACTORS EMPLOYED 
TO PROVIDE HEALTH CARE SERVICES TO THE DEPART-
MENT OF DEFENSE. 
(a) APPLICABILITY
OF FEDERAL TORT CLAIMS ACT
TO SUB-
CONTRACTORS.—Section 1089(a) of title 10, United States Code, 
is amended in the last sentence— 
(1) by striking ‘‘if the physician, dentist, nurse, pharmacist, 
or paramedical’’ and inserting ‘‘to such a physician, dentist, 
nurse, pharmacist, or paramedical’’; 
(2) by striking ‘‘involved is’’; and 
(3) by inserting before the period at the end the following: 
‘‘or a subcontract at any tier under such a contract that is 
authorized in accordance with the requirements of such section 
1091’’. 
(b) APPLICABILITY
OF
PERSONAL
SERVICES
CONTRACTING 
AUTHORITY TO SUBCONTRACTORS.—Section 1091(c) of such title is 
amended by adding at the end the following new paragraph: 
‘‘(3) The procedures established under paragraph (1) may pro-
vide for a contracting officer to authorize a contractor to enter 
into a subcontract for personal services on behalf of the agency 
upon a determination that the subcontract is— 
‘‘(A) consistent with the requirements of this section and 
the procedures established under paragraph (1); and 
‘‘(B) in the best interests of the agency.’’. 
SEC. 714. EXPANSION OF EVALUATION OF THE EFFECTIVENESS OF 
THE TRICARE PROGRAM. 
Section 717(a)(1) of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 376; 10 U.S.C. 
1073 note) is amended by striking ‘‘military retirees’’ and inserting 
‘‘members of the Armed Forces (whether in the regular or reserve 
components) and their dependents, military retirees and their 
dependents, and dependents of members on active duty with severe 
disabilities and chronic health care needs’’. 
SEC. 715. REQUIREMENT TO ENSURE THE EFFECTIVENESS AND EFFI-
CIENCY OF HEALTH ENGAGEMENTS. 
(a) IN GENERAL.—The Secretary of Defense, in coordination 
with the Under Secretary of Defense for Policy and the Assistant 
Secretary of Defense for Health Affairs, shall develop a process 
to ensure that health engagements conducted by the Department 
of Defense are effective and efficient in meeting the national secu-
rity goals of the United States. 
(b) PROCESS GOALS.—The Assistant Secretary of Defense for 
Health Affairs shall ensure that each process developed under sub-
section (a)— 
(1) assesses the operational mission capabilities of the 
health engagement; 
Process. 
10 USC 401 note. 
Notice. 
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126 STAT. 1804 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) uses the collective expertise of the Federal Government 
and non-governmental organizations to ensure collaboration 
and partnering activities; and 
(3) assesses the stability and resiliency of the host nation 
of such engagement. 
(c) ASSESSMENT TOOL.—The Assistant Secretary of Defense for 
Health Affairs may establish a measure of effectiveness learning 
tool to assess the process developed under subsection (a) to ensure 
the applicability of the process to health engagements conducted 
by the Department of Defense. 
(d) HEALTH ENGAGEMENT DEFINED.—In this section, the term 
‘‘health engagement’’ means a health stability operation conducted 
by the Department of Defense outside the United States in coordina-
tion with a foreign government or international organization to 
establish, reconstitute, or maintain the health sector of a foreign 
country. 
SEC. 716. PILOT PROGRAM FOR REFILLS OF MAINTENANCE MEDICA-
TIONS FOR TRICARE FOR LIFE BENEFICIARIES THROUGH 
THE TRICARE MAIL-ORDER PHARMACY PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense shall conduct a 
pilot program to refill prescription maintenance medications for 
each TRICARE for Life beneficiary through the national mail-order 
pharmacy program under section 1074g(a)(2)(E)(iii) of title 10, 
United States Code. 
(b) MEDICATIONS COVERED.— 
(1) DETERMINATION.—The Secretary shall determine the 
prescription maintenance medications included in the pilot pro-
gram under subsection (a). 
(2) SUPPLY.—In carrying out the pilot program under sub-
section (a), the Secretary shall ensure that the medications 
included in the program are generally available to a TRICARE 
for Life beneficiary— 
(A) for an initial filling of a 30-day or less supply 
through— 
(i) retail pharmacies under clause (ii) of section 
1074g(a)(2)(E) of title 10, United States Code; and 
(ii) facilities of the uniformed services under clause 
(i) of such section; and 
(B) for a refill of such medications through— 
(i) the national mail-order pharmacy program; and 
(ii) such facilities of the uniformed services. 
(3) EXEMPTION.— The Secretary may exempt the following 
prescription maintenance medications from the requirements 
in paragraph (2): 
(A) Such medications that are for acute care needs. 
(B) Such other medications as the Secretary determines 
appropriate. 
(c) NONPARTICIPATION.— 
(1) OPT OUT.—The Secretary shall give TRICARE for Life 
beneficiaries who have been covered by the pilot program under 
subsection (a) for a period of one year an opportunity to opt 
out of continuing to participate in the program. 
(2) WAIVER.—The Secretary may waive the requirement 
of a TRICARE for Life beneficiary to participate in the pilot 
program under subsection (a) if the Secretary determines, on 
an individual basis, that such waiver is appropriate. 
Time period. 
10 USC 1074g 
note. 
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126 STAT. 1805 
PUBLIC LAW 112–239—JAN. 2, 2013 
(d) REGULATIONS.—The Secretary shall prescribe regulations 
to carry out the pilot program under subsection (a), including regu-
lations with respect to— 
(1) the prescription maintenance medications included in 
the pilot program pursuant to subsection (b)(1); and 
(2) addressing instances where a TRICARE for Life bene-
ficiary covered by the pilot program attempts to refill such 
medications at a retail pharmacy rather than through the 
national mail-order pharmacy program or a facility of the uni-
formed services. 
(e) REPORTS.—Not later than March 31 of each year beginning 
in 2014 and ending in 2018, the Secretary shall submit to the 
congressional defense committees a report on the pilot program 
under subsection (a), including the effects of offering incentives 
for the use of mail order pharmacies by TRICARE beneficiaries 
and the effect on retail pharmacies. 
(f) SUNSET.—The Secretary may not carry out the pilot program 
under subsection (a) after December 31, 2017. 
(g) TRICARE FOR LIFE BENEFICIARY DEFINED.—In this section, 
the term ‘‘TRICARE for Life beneficiary’’ means a TRICARE bene-
ficiary enrolled in the Medicare wraparound coverage option of 
the TRICARE program made available to the beneficiary by reason 
of section 1086(d) of title 10, United States Code. 
Subtitle C—Mental Health Care and 
Veterans Matters 
SEC. 723. SHARING BETWEEN DEPARTMENT OF DEFENSE AND DEPART-
MENT OF VETERANS AFFAIRS OF RECORDS AND INFORMA-
TION RETAINED UNDER THE MEDICAL TRACKING SYSTEM 
FOR MEMBERS OF THE ARMED FORCES DEPLOYED OVER-
SEAS. 
(a) IN GENERAL.—The Secretary of Defense and the Secretary 
of Veterans Affairs shall jointly enter into a memorandum of under-
standing providing for the sharing by the Department of Defense 
with the Department of Veterans Affairs of the results of examina-
tions and other records on members of the Armed Forces that 
are retained and maintained with respect to the medical tracking 
system for members deployed overseas under section 1074f(c) of 
title 10, United States Code. 
(b) CESSATION UPON IMPLEMENTATION OF ELECTRONIC HEALTH 
RECORD.—The sharing required pursuant to subsection (a) shall 
cease on the date on which the Secretary of Defense and the 
Secretary of Veterans Affairs jointly certify to Congress that the 
Secretaries have fully implemented an integrated electronic health 
record for members of the Armed Forces that is fully interoperable 
between the Department of Defense and the Department of Vet-
erans Affairs. 
SEC. 724. PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN 
PEER SUPPORT COUNSELING PROGRAMS OF THE DEPART-
MENT OF VETERANS AFFAIRS. 
(a) PARTICIPATION.— 
(1) IN GENERAL.—The Secretary of Defense and the Sec-
retary of Veterans Affairs shall jointly enter into a memo-
randum of understanding providing for members of the Armed 
Memorandum. 
38 USC 1712A 
note. 
Memorandum. 
10 USC 1074f 
note. 
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126 STAT. 1806 
PUBLIC LAW 112–239—JAN. 2, 2013 
Forces described in subsection (b) to volunteer or be considered 
for employment as peer counselors under the following: 
(A) The peer support counseling program carried out 
by the Secretary of Veterans Affairs under subsection (j) 
of section 1720F of title 38, United States Code, as part 
of the comprehensive program for suicide prevention among 
veterans under subsection (a) of such section. 
(B) The peer support counseling program carried out 
by the Secretary of Veterans Affairs under section 304(a)(1) 
of the Caregivers and Veterans Omnibus Health Services 
Act of 2010 (Public Law 111–163; 124 Stat. 1150; 38 U.S.C. 
1712A note). 
(2) TRAINING.—Any member participating in a peer support 
counseling program under paragraph (1) shall receive the 
training for peer counselors under section 1720F(j)(2) of title 
38, United States Code, or section 304(c) of the Caregivers 
and Veterans Omnibus Health Services Act of 2010, as 
applicable, before performing peer support counseling duties 
under such program. 
(b) COVERED
MEMBERS.—Members of the Armed Forces 
described in this subsection are the following: 
(1) Members of the reserve components of the Armed Forces 
who are demobilizing after deployment in a theater of combat 
operations, including, in particular, members who participated 
in combat against the enemy while so deployed. 
(2) Members of the regular components of the Armed Forces 
separating from active duty who have been deployed in a the-
ater of combat operations in which such members participated 
in combat against the enemy. 
SEC. 725. RESEARCH AND MEDICAL PRACTICE ON MENTAL HEALTH 
CONDITIONS. 
(a) RESEARCH AND PRACTICE.—The Secretary of Defense shall 
provide for the translation of research on the diagnosis and treat-
ment of mental health conditions into policy on medical practices. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committees 
on Armed Services of the House of Representatives and the Senate 
a report on the translation of research into policy as described 
in subsection (a). The report shall include the following: 
(1) A summary of the efforts of the Department of Defense 
to carry out such translation. 
(2) A description of any policy established pursuant to 
subsection (a). 
(3) Additional legislative or administrative actions the Sec-
retary considers appropriate with respect to such translation. 
SEC. 726. TRANSPARENCY IN MENTAL HEALTH CARE SERVICES PRO-
VIDED BY THE DEPARTMENT OF VETERANS AFFAIRS. 
(a) MEASUREMENT OF MENTAL HEALTH CARE SERVICES.— 
(1) IN GENERAL.—Not later than December 31, 2013, the 
Secretary of Veterans Affairs shall develop and implement a 
comprehensive set of measures to assess mental health care 
services furnished by the Department of Veterans Affairs. 
(2) ELEMENTS.—The measures developed and implemented 
under paragraph (1) shall provide an accurate and comprehen-
sive assessment of the following: 
Deadline. 
38 USC 1712A 
note. 
10 USC 1071 
note. 
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126 STAT. 1807 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) The timeliness of the furnishing of mental health 
care by the Department. 
(B) The satisfaction of patients who receive mental 
health care services furnished by the Department. 
(C) The capacity of the Department to furnish mental 
health care. 
(D) The availability and furnishing of evidence-based 
therapies by the Department. 
(b) GUIDELINES FOR STAFFING MENTAL HEALTH CARE SERV-
ICES.—Not later than December 31, 2013, the Secretary shall 
develop and implement guidelines for the staffing of general and 
specialty mental health care services, including at community-based 
outpatient clinics. Such guidelines shall include productivity stand-
ards for providers of mental health care. 
(c) STUDY COMMITTEE.— 
(1) IN GENERAL.—The Secretary shall seek to enter into 
a contract with the National Academy of Sciences to create 
a study committee— 
(A) to consult with the Secretary on the Secretary’s 
development and implementation of the measures and 
guidelines required by subsections (a) and (b); and 
(B) to conduct an assessment and provide an analysis 
and recommendations on the state of Department mental 
health services. 
(2) FUNCTIONS.—In entering into the contract described 
in paragraph (1), the Secretary shall, with respect to paragraph 
(1)(B), include in such contract a provision for the study com-
mittee— 
(A) to conduct a comprehensive assessment of barriers 
to access to mental health care by veterans who served 
in the Armed Forces in Operation Enduring Freedom, Oper-
ation Iraqi Freedom, or Operation New Dawn; 
(B) to assess the quality of the mental health care 
being provided to such veterans (including the extent to 
which veterans are afforded choices with respect to modes 
of treatment) through site visits to facilities of the Veterans 
Health Administration (including at least one site visit 
in each Veterans Integrated Service Network), evaluating 
studies of patient outcomes, and other appropriate means; 
(C) to assess whether, and the extent to which, vet-
erans who served in the Armed Forces in Operation 
Enduring Freedom, Operation Iraqi Freedom, or Operation 
New Dawn are being offered a full range of necessary 
mental health services at Department health care facilities, 
including 
early 
intervention 
services 
for 
hazardous 
drinking, relationship problems, and other behaviors that 
create a risk for the development of a chronic mental 
health condition; 
(D) to conduct surveys or have access to Department- 
administered surveys of— 
(i) providers of Department mental health services; 
(ii) veterans who served in the Armed Forces in 
Operation 
Enduring 
Freedom, 
Operation 
Iraqi 
Freedom, or Operation New Dawn who are receiving 
mental health care furnished by the Department; and 
(iii) eligible veterans who served in the Armed 
Forces in Operation Enduring Freedom, Operation 
Contracts. 
Deadline. 
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126 STAT. 1808 
PUBLIC LAW 112–239—JAN. 2, 2013 
Iraqi Freedom, or Operation New Dawn who are not 
using Department health care services to assess those 
barriers described in subparagraph (A); and 
(E) to provide to the Secretary, on the basis of its 
assessments as delineated in subparagraphs (A) through 
(C), specific, detailed recommendations— 
(i) for overcoming barriers, and improving access, 
to timely, effective mental health care at Department 
health care facilities (or, where Department facilities 
cannot provide such care, through contract arrange-
ments under existing law); and 
(ii) to improve the effectiveness and efficiency of 
mental health services furnished by the Secretary. 
(3) PARTICIPATION BY FORMER OFFICIALS AND EMPLOYEES 
OF
VETERANS
HEALTH
ADMINISTRATION.—The Secretary shall 
ensure that any contract entered into under paragraph (1) 
provides for inclusion on any subcommittee which participates 
in conducting the assessments and formulating the rec-
ommendations provided for in paragraph (2) at least one former 
official of the Veterans Health Administration and at least 
two former employees of the Veterans Health Administration 
who were providers of mental health care. 
(4) PERIODIC REPORTS TO SECRETARY.—In entering into the 
contract described in paragraph (1), the Secretary shall, with 
respect to paragraph (1)(A), include in such contract a provision 
for the submittal to the Secretary of periodic reports and provi-
sion of other consultation to the Secretary by the study com-
mittee to assist the Secretary in carrying out subsections (a) 
and (b). 
(5) REPORTS TO CONGRESS.—Not later than 30 days after 
receiving a report under paragraph (4), the Secretary shall 
submit to the Committee on Veterans’ Affairs of the Senate 
and the Committee on Veterans’ Affairs of the House of Rep-
resentatives a report on the plans of the Secretary to implement 
such recommendations submitted to the Secretary by the study 
committee as the Secretary considers appropriate. Such report 
shall include a description of each recommendation submitted 
to the Secretary that the Secretary does not plan to carry 
out and an explanation of why the Secretary does not plan 
to carry out such recommendation. 
(d) PUBLICATION.— 
(1) IN GENERAL.—The Secretary shall make available to 
the public on an Internet website of the Department the fol-
lowing: 
(A) The measures and guidelines developed and imple-
mented under this section. 
(B) An assessment of the performance of the Depart-
ment using such measures and guidelines. 
(2) QUARTERLY UPDATES.—The Secretary shall update the 
measures, guidelines, and assessment made available to the 
public under paragraph (1) not less frequently than quarterly. 
(e) SEMIANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than June 30, 2013, and not 
less frequently than twice each year thereafter, the Secretary 
shall submit to the committees of Congress specified in sub-
section (c)(5) a report on the Secretary’s progress in developing 
Public 
information. 
Web posting. 
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126 STAT. 1809 
PUBLIC LAW 112–239—JAN. 2, 2013 
and implementing the measures and guidelines required by 
this section. 
(2) ELEMENTS.—Each report submitted under paragraph 
(1) shall include the following: 
(A) A description of the development and implementa-
tion of the measures required by subsection (a) and the 
guidelines required by subsection (b). 
(B) A description of the progress made by the Secretary 
in developing and implementing such measures and guide-
lines. 
(C) An assessment of the mental health care services 
furnished by the Department, using the measures devel-
oped and implemented under subsection (a). 
(D) An assessment of the effectiveness of the guidelines 
developed and implemented under subsection (b). 
(E) Such recommendations for legislative or adminis-
trative action as the Secretary may have to improve the 
effectiveness and efficiency of the mental health care serv-
ices furnished under laws administered by the Secretary. 
(f) IMPLEMENTATION REPORT.— 
(1) IN GENERAL.—Not later than 30 days before the date 
on which the Secretary begins implementing the measures and 
guidelines required by this section, the Secretary shall submit 
to the committees of Congress specified in subsection (c)(5) 
a report on the Secretary’s planned implementation of such 
measures and guidelines. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) A detailed description of the measures and guide-
lines that the Secretary plans to implement under this 
section. 
(B) A description of the rationale for each measure 
and guideline the Secretary plans to implement under this 
section. 
(C) A discussion of each measure and guideline that 
the Secretary considered under this section but chose not 
to implement. 
(D) The number of current vacancies in mental health 
care provider positions in the Department. 
(E) An assessment of how many additional positions 
are needed to meet current or expected demand for mental 
health services furnished by the Department. 
SEC. 727. EXPANSION OF VET CENTER PROGRAM TO INCLUDE FUR-
NISHING COUNSELING TO CERTAIN MEMBERS OF THE 
ARMED FORCES AND THEIR FAMILY MEMBERS. 
Section 1712A of title 38, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking ‘‘Upon the 
request’’ and all that follows through the period at 
the end and inserting ‘‘Upon the request of any indi-
vidual referred to in subparagraph (C), the Secretary 
shall furnish counseling, including by furnishing coun-
seling through a Vet Center, to the individual— 
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126 STAT. 1810 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(i) in the case of an individual referred to in clauses 
(i) through (iv) of subparagraph (C), to assist the individual 
in readjusting to civilian life; and 
‘‘(ii) in the case of an individual referred to in clause 
(v) of such subparagraph who is a family member of a veteran 
or member described in such clause— 
‘‘(I) in the case of a member who is deployed in a 
theater of combat operations or an area at a time during 
which hostilities are occurring in that area, during such 
deployment to assist such individual in coping with such 
deployment; and 
‘‘(II) in the case of a veteran or member who is read-
justing to civilian life, to the degree that counseling fur-
nished to such individual is found to aid in the readjust-
ment of such veteran or member to civilian life.’’; and 
(ii) by striking subparagraph (B) and inserting 
the following new subparagraphs: 
‘‘(B) Counseling furnished to an individual under subparagraph 
(A) may include a comprehensive individual assessment of the 
individual’s psychological, social, and other characteristics to 
ascertain whether— 
‘‘(i) in the case of an individual referred to in clauses 
(i) through (iv) of subparagraph (C), such individual has difficul-
ties associated with readjusting to civilian life; and 
‘‘(ii) in the case of an individual referred to in clause 
(v) of such subparagraph, such individual has difficulties associ-
ated with— 
‘‘(I) coping with the deployment of a member described 
in subclause (I) of such clause; or 
‘‘(II) readjustment to civilian life of a veteran or 
member described in subclause (II) of such clause. 
‘‘(C) Subparagraph (A) applies to the following individuals: 
‘‘(i) Any individual who is a veteran or member of the 
Armed Forces, including a member of a reserve component 
of the Armed Forces, who served on active duty in a theater 
of combat operations or an area at a time during which hos-
tilities occurred in that area. 
‘‘(ii) Any individual who is a veteran or member of the 
Armed Forces, including a member of a reserve component 
of the Armed Forces, who provided direct emergency medical 
or mental health care, or mortuary services to the causalities 
of combat operations or hostilities, but who at the time was 
located outside the theater of combat operations or area of 
hostilities. 
‘‘(iii) Any individual who is a veteran or member of the 
Armed Forces, including a member of a reserve component 
of the Armed Forces, who engaged in combat with an enemy 
of the United States or against an opposing military force 
in a theater of combat operations or an area at a time during 
which hostilities occurred in that area by remotely controlling 
an unmanned aerial vehicle, notwithstanding whether the phys-
ical location of such veteran or member during such combat 
was within such theater of combat operations or area. 
‘‘(iv) Any individual who received counseling under this 
section before the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2013. 
‘‘(v) Any individual who is a family member of any— 
Applicability. 
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126 STAT. 1811 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(I) member of the Armed Forces, including a member 
of a reserve component of the Armed Forces, who is serving 
on active duty in a theater of combat operations or in 
an area at a time during which hostilities are occurring 
in that area; or 
‘‘(II) veteran or member of the Armed Forces described 
in this subparagraph.’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraph (3) as paragraph (2); 
and 
(D) in paragraph (2), as redesignated by subparagraph 
(C)— 
(i) by striking ‘‘a veteran described in paragraph 
(1)(B)(iii)’’ and inserting ‘‘an individual described in 
paragraph (1)(C)’’; and 
(ii) by striking ‘‘the veteran a preliminary general 
mental health assessment’’ and inserting ‘‘the indi-
vidual a comprehensive individual assessment as 
described in paragraph (1)(B)’’; 
(2) in subsection (b)(1), by striking ‘‘physician or psycholo-
gist’’ each place it appears and inserting ‘‘licensed or certified 
mental health care provider’’; 
(3) in subsection (g)— 
(A) by amending paragraph (1) to read as follows: 
‘‘(1) The term ‘Vet Center’ means a facility which is oper-
ated by the Department for the provision of services under 
this section and which is situated apart from Department gen-
eral health care facilities.’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(3) The term ‘family member’, with respect to a veteran 
or member of the Armed Forces, means an individual who— 
‘‘(A) is a member of the family of the veteran or 
member, including— 
‘‘(i) a parent; 
‘‘(ii) a spouse; 
‘‘(iii) a child; 
‘‘(iv) a step-family member; and 
‘‘(v) an extended family member; or 
‘‘(B) lives with the veteran or member but is not a 
member of the family of the veteran or member.’’; and 
(4) by redesignating subsection (g), as amended by para-
graph (3), as subsection (h) and inserting after subsection (f) 
the following new subsection (g): 
‘‘(g) In carrying out this section and in furtherance of the 
Secretary’s responsibility to carry out outreach activities under 
chapter 63 of this title, the Secretary may provide for and facilitate 
the participation of personnel employed by the Secretary to provide 
services under this section in recreational programs that are— 
‘‘(1) designed to encourage the readjustment of veterans 
described in subsection (a)(1)(C); and 
‘‘(2) operated by any organization named in or approved 
under section 5902 of this title.’’. 
Definition. 
Definition. 
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126 STAT. 1812 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 728. ORGANIZATION OF THE READJUSTMENT COUNSELING 
SERVICE IN THE DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Subchapter I of chapter 73 of title 38, United 
States Code, is amended by adding at the end the following new 
section: 
‘‘§ 7309. Readjustment Counseling Service 
‘‘(a) IN GENERAL.—There is in the Veterans Health Administra-
tion a Readjustment Counseling Service. The Readjustment Coun-
seling Service shall provide readjustment counseling and associated 
services to individuals in accordance with section 1712A of this 
title. 
‘‘(b) CHIEF OFFICER.—(1) The head of the Readjustment Coun-
seling Service shall be the Chief Officer of the Readjustment Coun-
seling Service (in this section referred to as the ‘Chief Officer’), 
who shall report directly to the Under Secretary for Health. 
‘‘(2) The Chief Officer shall be appointed by the Under Secretary 
for Health from among individuals who— 
‘‘(A)(i) are psychologists who hold a diploma as a doctorate 
in clinical or counseling psychology from an authority approved 
by the American Psychological Association and who have 
successfully undergone an internship approved by that associa-
tion; 
‘‘(ii) are holders of a master in social work degree; or 
‘‘(iii) hold such other advanced degrees related to mental 
health as the Secretary considers appropriate; 
‘‘(B) have at least three years of experience providing direct 
counseling services or outreach services in the Readjustment 
Counseling Service; 
‘‘(C) have at least three years of experience administrating 
direct counseling services or outreach services in the Readjust-
ment Counseling Service; 
‘‘(D) meet the quality standards and requirements of the 
Department; and 
‘‘(E) are veterans who served in combat as members of 
the Armed Forces. 
‘‘(c) STRUCTURE.—(1) The Readjustment Counseling Service is 
a distinct organizational element within Veterans Health Adminis-
tration. 
‘‘(2) The Readjustment Counseling Service shall provide coun-
seling and services as described in subsection (a). 
‘‘(3) The Chief Officer shall have direct authority over all 
Readjustment Counseling Service staff and assets, including Vet 
Centers. 
‘‘(d) SOURCE OF FUNDS.—(1) Amounts for the activities of the 
Readjustment Counseling Service, including the operations of its 
Vet Centers, shall be derived from amounts appropriated for the 
Veterans Health Administration for medical care. 
‘‘(2) Amounts for activities of the Readjustment Counseling 
Service, including the operations of its Vet Centers, shall not be 
allocated through the Veterans Equitable Resource Allocation 
system. 
‘‘(3) In each budget request submitted for the Department of 
Veterans Affairs by the President to Congress under section 1105 
of title 31, the budget request for the Readjustment Counseling 
Service shall be listed separately. 
38 USC 7309. 
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126 STAT. 1813 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(e) ANNUAL REPORT.—(1) Not later than March 15 of each 
year, the Secretary shall submit to the Committee on Veterans’ 
Affairs of the Senate and the Committee on Veterans’ Affairs of 
the House of Representatives a report on the activities of the 
Readjustment Counseling Service during the preceding calendar 
year. 
‘‘(2) Each report submitted under paragraph (1) shall include, 
with respect to the period covered by the report, the following: 
‘‘(A) A summary of the activities of the Readjustment Coun-
seling Service, including Vet Centers. 
‘‘(B) A description of the workload and additional treatment 
capacity of the Vet Centers, including, for each Vet Center, 
the ratio of the number of full-time equivalent employees at 
such Vet Center and the number of individuals who received 
services or assistance at such Vet Center. 
‘‘(C) A detailed analysis of demand for and unmet need 
for readjustment counseling services and the Secretary’s plan 
for meeting such unmet need. 
‘‘(f) VET CENTER DEFINED.—In this section, the term ‘Vet 
Center’ has the meaning given the term in section 1712A(h)(1) 
of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 73 of such title is amended by inserting after 
the item relating to section 7308 the following new item: 
‘‘7309. Readjustment Counseling Service.’’. 
(c) CONFORMING AMENDMENTS.—Section 7305 of such title is 
amended— 
(1) by redesignating paragraph (7) as paragraph (8); and 
(2) by inserting after paragraph (6) the following new para-
graph (7): 
‘‘(7) A Readjustment Counseling Service.’’. 
SEC. 729. RECRUITMENT OF MENTAL HEALTH PROVIDERS FOR FUR-
NISHING MENTAL HEALTH SERVICES ON BEHALF OF THE 
DEPARTMENT OF VETERANS AFFAIRS WITHOUT COM-
PENSATION FROM THE DEPARTMENT. 
(a) IN GENERAL.—The Secretary of Veterans Affairs shall carry 
out a national program of outreach to societies, community organiza-
tions, nonprofit organizations, and government entities in order 
to recruit mental health providers who meet the quality standards 
and requirements of the Department of Veterans Affairs to provide 
mental health services for the Department on a part-time, without- 
compensation basis, under section 7405 of title 38, United States 
Code. 
(b) PARTNERING WITH AND DEVELOPING COMMUNITY ENTITIES 
AND NONPROFIT ORGANIZATIONS.—In carrying out the program 
required by subsection (a), the Secretary may partner with a 
community entity or nonprofit organization or assist in the develop-
ment of a community entity or nonprofit organization, including 
by entering into an agreement under section 8153 of title 38, 
United States Code, that provides strategic coordination of the 
societies, organizations, and government entities described in sub-
section (a) in order to maximize the availability and efficient 
delivery of mental health services to veterans by such societies, 
organizations, and government entities. 
38 USC 7405 
note. 
38 USC 
prec. 7301. 
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126 STAT. 1814 
PUBLIC LAW 112–239—JAN. 2, 2013 
(c) MILITARY CULTURE TRAINING.—In carrying out the program 
required by subsection (a), the Secretary shall provide training 
to mental health providers to ensure that clinicians who provide 
mental health services as described in such subsection have suffi-
cient understanding of military-specific and service-specific culture, 
combat experience, and other factors that are unique to the experi-
ence of veterans who served in Operation Enduring Freedom, Oper-
ating Iraqi Freedom, or Operation New Dawn. 
SEC. 730. PEER SUPPORT. 
(a) PEER SUPPORT COUNSELING PROGRAM.— 
(1) PROGRAM REQUIRED.—Paragraph (1) of section 1720F(j) 
of title 38, United States Code, is amended in the matter 
preceding subparagraph (A) by striking ‘‘may’’ and inserting 
‘‘shall’’. 
(2) TRAINING.—Paragraph (2) of such section is amended 
by inserting after ‘‘peer counselors’’ the following: ‘‘, including 
training carried out under the national program of training 
required by section 304(c) of the Caregivers and Veterans Omni-
bus Health Services Act of 2010 (38 U.S.C. 1712A note)’’. 
(3) AVAILABILITY
OF
PROGRAM
AT
DEPARTMENT
MEDICAL 
CENTERS.—Such section is amended by adding at the end the 
following new paragraph: 
‘‘(3) In addition to other locations the Secretary considers appro-
priate, the Secretary shall carry out the peer support program 
under this subsection at each Department medical center.’’. 
(4) DEADLINE FOR COMMENCEMENT OF PROGRAM.—The Sec-
retary of Veterans Affairs shall ensure that the peer support 
counseling program required by section 1720F(j) of title 38, 
United States Code, as amended by this subsection, commences 
at each Department of Veterans Affairs medical center not 
later than 270 days after the date of the enactment of this 
Act. 
(b) PEER OUTREACH AND PEER SUPPORT SERVICES AT DEPART-
MENT MEDICAL CENTERS UNDER PROGRAM ON READJUSTMENT AND 
MENTAL HEALTH CARE SERVICES FOR VETERANS WHO SERVED IN 
OPERATION ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.— 
(1) IN GENERAL.—Section 304 of the Caregivers and Vet-
erans Omnibus Health Services Act of 2010 (Public Law 111– 
163; 38 U.S.C. 1712A note) is amended— 
(A) by redesignating subsection (e) as subsection (f); 
and 
(B) by inserting after subsection (d) the following new 
subsection (e): 
‘‘(e) PROVISION OF PEER OUTREACH AND PEER SUPPORT SERV-
ICES AT DEPARTMENT MEDICAL CENTERS.—The Secretary shall carry 
out the services required by subparagraphs (A) and (B) of subsection 
(a)(1) at each Department medical center.’’. 
(2) DEADLINE.—The Secretary of Veterans Affairs shall 
commence carrying out the services required by subparagraphs 
(A) and (B) of subsection (a)(1) of such section at each Depart-
ment of Veterans Affairs medical center, as required by sub-
section (e) of such section (as added by paragraph (1)), not 
later than 270 days after the date of the enactment of this 
Act. 
38 USC 1712A 
note. 
38 USC 1720F 
note. 
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126 STAT. 1815 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle D—Reports and Other Matters 
SEC. 731. PLAN FOR REFORM OF THE ADMINISTRATION OF THE MILI-
TARY HEALTH SYSTEM. 
(a) DETAILED PLAN.—In implementing reforms to the govern-
ance of the military health system described in the memorandum 
of the Deputy Secretary of Defense dated March 2012, the Secretary 
of Defense shall develop a detailed plan to carry out such reform. 
(b) ELEMENTS.—The plan developed under subsection (a) shall 
include the following: 
(1) Goals to achieve while carrying out the reform described 
in subsection (a), including goals with respect to improving 
clinical and business practices, cost reductions, infrastructure 
reductions, and personnel reductions, achieved by establishing 
the Defense Health Agency, carrying out shared services, and 
modifying the governance of the National Capital Region. 
(2) Metrics to evaluate the achievement of each goal under 
paragraph (1) with respect to the purpose, objective, and 
improvements made by each such goal. 
(3) The personnel levels required for the Defense Health 
Agency and the National Capital Region Medical Directorate. 
(4) A detailed schedule to carry out the reform described 
in subsection (a), including a schedule for meeting the goals 
under paragraph (1). 
(5) Detailed information describing the initial operating 
capability of the Defense Health Agency. 
(6) With respect to each shared service that the Secretary 
will implement during fiscal year 2013 or 2014— 
(A) a timeline for such implementation; and 
(B) a business case analysis detailing— 
(i) the services that will be consolidated into the 
shared service; 
(ii) the purpose of the shared service; 
(iii) the scope of the responsibilities and goals for 
the shared service; 
(iv) the cost of implementing the shared service, 
including the costs regarding personnel severance, 
relocation, military construction, information tech-
nology, and contractor support; and 
(v) the anticipated cost savings to be realized by 
implementing the shared service. 
(c) SUBMISSION.—The Secretary of Defense shall submit to the 
congressional defense committees the plan developed under sub-
section (a) as follows: 
(1) The contents of the plan described in paragraphs (1) 
and (4) of subsection (b) shall be submitted not later than 
March 31, 2013. 
(2) The contents of the plan described in paragraphs (2) 
and (3) of subsection (b) and paragraph (6) of such subsection 
with respect to shared services implemented during fiscal year 
2013 shall be submitted not later than June 30, 2013. 
(3) The contents of the plan described in paragraph (6) 
of such subsection with respect to shared services implemented 
during fiscal year 2014 shall be submitted not later than Sep-
tember 30, 2013. 
(d) LIMITATIONS.— 
10 USC 1071 
note. 
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126 STAT. 1816 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) FIRST
SUBMISSION.—Of the funds authorized to be 
appropriated by this Act or otherwise made available for fiscal 
year 2013 for the accounts and activities described in paragraph 
(4), not more than 50 percent may be obligated or expended 
until the date on which the Secretary of Defense submits to 
the congressional defense committees the contents of the plan 
under subsection (c)(1). 
(2) SECOND SUBMISSION.—Of the funds authorized to be 
appropriated by this Act or otherwise made available for fiscal 
year 2013 for the accounts and activities described in paragraph 
(4), not more than 75 percent may be obligated or expended 
until the date on which the Secretary of Defense submits to 
the congressional defense committees the contents of the plan 
under subsection (c)(2). 
(3) COMPTROLLER GENERAL REVIEW.—The Comptroller Gen-
eral of the United States shall submit to the congressional 
defense committees a review of the contents of the plan sub-
mitted under each of paragraphs (1) and (2) to assess whether 
the Secretary of Defense meets the requirements of such con-
tents. 
(4) ACCOUNTS AND ACTIVITIES DESCRIBED.—The accounts 
and activities described in this paragraph are as follows: 
(A) Operation and maintenance, Defense-wide, for the 
Office of the Secretary of Defense for travel. 
(B) Operation and maintenance, Defense-wide, for the 
Office of the Secretary of Defense for management profes-
sional support services. 
(C) Operation and maintenance, Defense Health Pro-
gram, for travel. 
(D) Operation and maintenance, Defense Health Pro-
gram, for management professional support services. 
(e) SHARED SERVICES DEFINED.—In this section, the term 
‘‘shared services’’ means the common services required for each 
military department to provide medical support to the Armed Forces 
and authorized beneficiaries. 
SEC. 732. FUTURE AVAILABILITY OF TRICARE PRIME THROUGHOUT 
THE UNITED STATES. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report setting forth the 
policy of the Department of Defense on the future availability 
of TRICARE Prime under the TRICARE program for eligible 
beneficiaries in all TRICARE regions throughout the United 
States. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) A description, by region, of the difference in avail-
ability of TRICARE Prime for eligible beneficiaries (other 
than eligible beneficiaries on active duty in the Armed 
Forces) under newly awarded TRICARE managed care con-
tracts, including, in particular, an identification of the 
regions or areas in which TRICARE Prime will no longer 
be available for such beneficiaries under such contracts. 
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126 STAT. 1817 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) An estimate of the increased costs to be incurred 
by an affected eligible beneficiary for health care under 
the TRICARE program. 
(C) An estimate of the savings to be achieved by the 
Department as a result of the contracts described in 
subparagraph (A). 
(D) A description of the plans of the Department to 
continue to assess the impact on access to health care 
for affected eligible beneficiaries. 
(E) A description of the plan of the Department to 
provide assistance to affected eligible beneficiaries who are 
transitioning from TRICARE Prime to TRICARE Standard, 
including assistance with respect to identifying health care 
providers. 
(F) Any other matter the Secretary considers appro-
priate. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘affected eligible beneficiary’’ means an 
eligible beneficiary under the TRICARE Program (other than 
eligible beneficiaries on active duty in the Armed Forces) who, 
as of the date of the enactment of this Act— 
(A) is enrolled in TRICARE Prime; and 
(B) resides in a region of the United States in which 
TRICARE Prime enrollment will no longer be available 
for such beneficiary under a contract described in sub-
section (a)(2)(A) that does not allow for such enrollment 
because of the location in which such beneficiary resides. 
(2) The term ‘‘TRICARE Prime’’ means the managed care 
option of the TRICARE program. 
(3) The term ‘‘TRICARE program’’ has the meaning given 
that term in section 1072(7) of title 10, United States Code. 
(4) The term ‘‘TRICARE Standard’’ means the fee-for- 
service option of the TRICARE Program. 
SEC. 733. EXTENSION OF COMPTROLLER GENERAL REPORT ON CON-
TRACT HEALTH CARE STAFFING FOR MILITARY MEDICAL 
TREATMENT FACILITIES. 
Section 726(a) of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1480) is amended 
by striking ‘‘March 31, 2012’’ and inserting ‘‘March 31, 2013’’. 
SEC. 734. EXTENSION OF COMPTROLLER GENERAL REPORT ON 
WOMEN-SPECIFIC HEALTH SERVICES AND TREATMENT 
FOR FEMALE MEMBERS OF THE ARMED FORCES. 
Section 725(c) of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1480) is amended 
by striking ‘‘December 31, 2012’’ and inserting ‘‘March 31, 2013’’. 
SEC. 735. STUDY ON HEALTH CARE AND RELATED SUPPORT FOR CHIL-
DREN OF MEMBERS OF THE ARMED FORCES. 
(a) STUDY.—The Secretary of Defense shall conduct a study 
on the health care and related support provided by the Secretary 
to dependent children. 
(b) ELEMENTS.—The study under subsection (a) shall include 
the following: 
(1) A comprehensive review of the policies of the Secretary 
and the TRICARE program with respect to providing pediatric 
care. 
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126 STAT. 1818 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) An assessment of access to pediatric health care by 
dependent children in appropriate settings. 
(3) An assessment of access to specialty care by dependent 
children, including care for children with special health care 
needs. 
(4) A comprehensive review and analysis of reimbursement 
under the TRICARE program for pediatric care. 
(5) An assessment of the adequacy of the ECHO Program 
in meeting the needs of dependent children with extraordinary 
health care needs. 
(6) An assessment of the adequacy of care management 
for dependent children with special health care needs. 
(7) An assessment of the support provided through other 
Department of Defense or military department programs and 
policies that support the physical and behavorial health of 
dependent children, including children with special health care 
needs. 
(8) Mechanisms for linking dependent children with special 
health care needs with State and local community resources, 
including children’s hospitals and providers of pediatric spe-
cialty care. 
(9) Strategies to mitigate the impact of frequent relocations 
related to military service on the continuity of health care 
services for dependent children, including children with special 
health and behavioral health care needs. 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the study under subsection 
(a), including— 
(1) the findings of the study; 
(2) a plan to improve and continuously monitor the access 
of dependent children to quality health care; and 
(3) any recommendations for legislation that the Secretary 
considers necessary to maintain the highest quality of health 
care for dependent children. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘dependent children’’ means the children of 
members of the Armed Forces who are covered beneficiaries 
under chapter 55 of title 10, United States Code. 
(2) The term ‘‘ECHO Program’’ means the Extended Care 
Health Option under subsections (d) through (f) of section 1079 
of title 10, United States Code. 
SEC. 736. REPORT ON STRATEGY TO TRANSITION TO USE OF HUMAN- 
BASED METHODS FOR CERTAIN MEDICAL TRAINING. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than March 1, 2013, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report that outlines a strategy, including a 
detailed timeline, to refine and, when appropriate, transition 
to using human-based training methods for the purpose of 
training members of the Armed Forces in the treatment of 
combat trauma injuries. 
(2) ELEMENTS.—The report under paragraph (1) shall 
include the following: 
(A) Required research, development, testing, and 
evaluation investments to validate human-based training 
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126 STAT. 1819 
PUBLIC LAW 112–239—JAN. 2, 2013 
methods to refine, reduce, and, when appropriate, transi-
tion from the use of live animals in medical education 
and training. 
(B) Phased sustainment and readiness costs to refine, 
reduce, and, when appropriate, replace the use of live ani-
mals in medical education and training. 
(C) Any risks associated with transitioning to human- 
based training methods, including resource availability, 
anticipated technological development timelines, and poten-
tial impact on the present combat trauma training cur-
ricula. 
(D) 
An 
assessment 
of 
the 
potential 
effect 
of 
transitioning to human-based training methods on the 
quality of medical care delivered on the battlefield, 
including any reduction in the competency of combat med-
ical personnel. 
(E) An assessment of risks to maintaining the level 
of combat life-saver techniques performed by all members 
of the Armed Forces. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘combat trauma injuries’’ means severe 
injuries likely to occur during combat, including— 
(A) extremity hemorrhage; 
(B) tension pneumothorax; 
(C) amputation resulting from blast injury; 
(D) compromises to the airway; and 
(E) other injuries. 
(2) The term ‘‘human-based training methods’’ means, with 
respect to training individuals in medical treatment, the use 
of systems and devices that do not use animals, including— 
(A) simulators; 
(B) partial task trainers; 
(C) moulage; 
(D) simulated combat environments; and 
(E) human cadavers. 
(3) The term ‘‘partial task trainers’’ means training aids 
that allow individuals to learn or practice specific medical proce-
dures. 
SEC. 737. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS 
OF THE ARMED FORCES SERVING ON ACTIVE DUTY. 
(a) STUDY.—The Secretary of Defense shall conduct a study 
on the incidence of breast cancer among members of the Armed 
Forces serving on active duty. 
(b) ELEMENTS.—The study under subsection (a) shall include 
the following: 
(1) A determination of the number of members of the 
Armed Forces who served on active duty at any time during 
the period from 2000 to 2010 who were diagnosed with breast 
cancer during such period. 
(2) A determination of demographic information regarding 
such members, including race, ethnicity, sex, age, and rank. 
(3) An analysis of breast cancer treatments received by 
such members and the source of such treatment. 
(4) The availability and training of breast cancer specialists 
within the military health system. 
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126 STAT. 1820 
PUBLIC LAW 112–239—JAN. 2, 2013 
(5) A comparison of the rates of members of the Armed 
Forces serving on active duty who have breast cancer to civilian 
populations with comparable demographic characteristics. 
(6) Identification of potential factors associated with mili-
tary service that could increase the risk of breast cancer for 
members of the Armed Forces serving on active duty. 
(7) A description of a research agenda to further the under-
standing of the Department of Defense of the incidence of 
breast cancer among such members. 
(8) An assessment of the effectiveness of outreach to mem-
bers of the Armed Forces to identify risks of, prevent, detect, 
and treat breast cancer. 
(9) Recommendations for changes to policy or law that 
could improve the prevention, early detection, awareness, and 
treatment of breast cancer among members of the Armed Forces 
serving on active duty. 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the findings and recommenda-
tions of the study under subsection (a), including a description 
of any further unique military research needed with respect to 
breast cancer. 
SEC. 738. PERFORMANCE METRICS AND REPORTS ON WARRIORS IN 
TRANSITION PROGRAMS OF THE MILITARY DEPART-
MENTS. 
(a) METRICS REQUIRED.—The Secretary of Defense shall estab-
lish a policy containing uniform performance outcome measure-
ments to be used by each Secretary of a military department in 
tracking and monitoring members of the Armed Forces in Warriors 
in Transition programs. 
(b) ELEMENTS.—The policy established under subsection (a) 
shall identify outcome measurements with respect to the following: 
(1) Physical health and behavioral health. 
(2) Rehabilitation. 
(3) Educational and vocational preparation. 
(4) Such other matters as the Secretary considers appro-
priate. 
(c) MILESTONES.—In establishing the policy under subsection 
(a), the Secretary of Defense shall establish metrics and milestones 
for members in Warriors in Transition programs. Such metrics 
and milestones shall cover members throughout the course of care 
and rehabilitation in Warriors in Transitions programs by applying 
to the following occasions: 
(1) When the member commences participation in the pro-
gram. 
(2) At least once each year the member participates in 
the program. 
(3) When the member ceases participation in the program 
or is transferred to the jurisdiction of the Secretary of Veterans 
Affairs. 
(d) COHORT GROUPS AND PARAMETERS.—The policy established 
under subsection (a)— 
(1) may differentiate among cohort groups within the popu-
lation of members in Warriors in Transition programs, as appro-
priate; and 
Policy. 
10 USC 1071 
note. 
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126 STAT. 1821 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) shall include parameters for specific outcome measure-
ments in each element under subsection (b) and each metric 
and milestone under subsection (c). 
(e) REPORTS REQUIRED.— 
(1) INITIAL REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
on the policy established under subsection (a), including the 
outcome measurements for each element under subsection (b) 
and each metric and milestone under subsection (c). 
(2) ANNUAL REPORTS.—Not later than February of each 
year beginning in 2014 and ending in 2018, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the performance of the military departments with 
respect to the policy established under subsection (a). Each 
report shall include— 
(A) an analysis of— 
(i) data on improvements in the progress of mem-
bers in Warriors in Transition programs in each spe-
cific area identified in the policy; 
(ii) access to health and rehabilitation services by 
such members, including average appointment waiting 
times by specialty; 
(iii) effectiveness of the programs in assisting in 
the transition of such members to military duty or 
civilian life through education and vocational assist-
ance; 
(iv) any differences in outcomes in Warriors in 
Transition programs, and the reason for any such dif-
ferences; and 
(v) the quantities and effectiveness of medical and 
nonmedical case managers, legal support and physical 
evaluation board liaison officers, mental health care 
providers, and medical evaluation physicians in 
comparison to the actual number of members requiring 
such services; and 
(B) such other results and analyses as the Secretary 
considers appropriate, including any recommendations for 
legislation if needed. 
(f) WARRIORS IN TRANSITION PROGRAM DEFINED.—In this sec-
tion, the term ‘‘Warriors in Transition program’’ means any major 
support program of the Armed Forces for members of the Armed 
Forces with severe wounds, illnesses, or injuries that is intended 
to provide such members with nonmedical case management service 
and care coordination services, and includes the programs as fol-
lows: 
(1) Warrior Transition Units and the Wounded Warrior 
Program of the Army. 
(2) The Wounded Warrior Safe Harbor program of the 
Navy. 
(3) The Wounded Warrior Regiment of the Marine Corps. 
(4) The Recovery Care Program and the Wounded Warrior 
programs of the Air Force. 
(5) The Care Coalition of the United States Special Oper-
ations Command. 
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126 STAT. 1822 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 739. PLAN TO ELIMINATE GAPS AND REDUNDANCIES IN PRO-
GRAMS OF THE DEPARTMENT OF DEFENSE ON PSYCHO-
LOGICAL HEALTH AND TRAUMATIC BRAIN INJURY. 
(a) SENSE OF CONGRESS.—Congress supports the efforts of the 
Secretary of Veterans Affairs and the Secretary of Defense to edu-
cate members of the Armed Forces, veterans, the families of such 
members and veterans, the medical community, and the public 
with respect to the causes, symptoms, and treatment of post-trau-
matic stress disorder. 
(b) PLAN.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a plan to improve the 
coordination and integration of the programs of the Department 
of Defense that address traumatic brain injury and the psycho-
logical health of members of the Armed Forces. 
(2) ELEMENTS.—The plan under paragraph (1) shall include 
the following: 
(A) Identification of— 
(i) any gaps in services and treatments provided 
by the programs of the Department of Defense that 
address traumatic brain injury and the psychological 
health of members of the Armed Forces; and 
(ii) any unnecessary redundancies in such pro-
grams. 
(B) A plan for mitigating the gaps and redundancies 
identified under subparagraph (A). 
(C) Identification of the official within the Department 
who will be responsible for leading the implementation 
of the plan described in paragraph (1). 
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Treatment of procurements on behalf of the Department of Defense 
through the Work for Others program of the Department of Energy. 
Sec. 802. Review and justification of pass-through contracts. 
Sec. 803. Availability of amounts in Defense Acquisition Workforce Development 
Fund. 
Sec. 804. Department of Defense policy on contractor profits. 
Sec. 805. Modification of authorities on internal controls for procurements on behalf 
of the Department of Defense by certain nondefense agencies. 
Sec. 806. Extension of authority relating to management of supply-chain risk. 
Sec. 807. Sense of Congress on the continuing progress of the Department of De-
fense in implementing its Item Unique Identification Initiative. 
Subtitle B—Provisions Relating to Major Defense Acquisition Programs 
Sec. 811. Limitation on use of cost-type contracts. 
Sec. 812. Estimates of potential termination liability of contracts for the develop-
ment or production of major defense acquisition programs. 
Sec. 813. Technical change regarding programs experiencing critical cost growth 
due to change in quantity purchased. 
Sec. 814. Repeal of requirement to review ongoing programs initiated before enact-
ment of Milestone B certification and approval process. 
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126 STAT. 1823 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle C—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 821. Modification of time period for congressional notification of the lease of 
certain vessels by the Department of Defense. 
Sec. 822. Extension of authority for use of simplified acquisition procedures for cer-
tain commercial items. 
Sec. 823. Codification and amendment relating to life-cycle management and prod-
uct support requirements. 
Sec. 824. Codification of requirement relating to Government performance of crit-
ical acquisition functions. 
Sec. 825. Competition in acquisition of major subsystems and subassemblies on 
major defense acquisition programs. 
Sec. 826. Compliance with Berry Amendment required for uniform components 
supplied to Afghan military or Afghan National Police. 
Sec. 827. Enhancement of whistleblower protections for contractor employees. 
Sec. 828. Pilot program for enhancement of contractor employee whistleblower pro-
tections. 
Sec. 829. Extension of contractor conflict of interest limitations. 
Sec. 830. Repeal of sunset for certain protests of task and delivery order contracts. 
Sec. 831. Guidance and training related to evaluating reasonableness of price. 
Sec. 832. Department of Defense access to, use of, and safeguards and protections 
for contractor internal audit reports. 
Sec. 833. Contractor responsibilities in regulations relating to detection and avoid-
ance of counterfeit electronic parts. 
Subtitle D—Provisions Relating to Contracts in Support of Contingency Operations 
Sec. 841. Extension and expansion of authority to acquire products and services 
produced in countries along a major route of supply to Afghanistan. 
Sec. 842. Limitation on authority to acquire products and services produced in Af-
ghanistan. 
Sec. 843. Responsibility within Department of Defense for operational contract sup-
port. 
Sec. 844. Data collection on contract support for future overseas contingency oper-
ations involving combat operations. 
Sec. 845. Inclusion of operational contract support in certain requirements for De-
partment of Defense planning, joint professional military education, and 
management structure. 
Sec. 846. Requirements for risk assessments related to contractor performance. 
Sec. 847. Extension and modification of reports on contracting in Iraq and Afghani-
stan. 
Sec. 848. Responsibilities of inspectors general for overseas contingency operations. 
Sec. 849. Oversight of contracts and contracting activities for overseas contingency 
operations in responsibilities of Chief Acquisition Officers of Federal 
agencies. 
Sec. 850. Reports on responsibility within Department of State and the United 
States Agency for International Development for contract support for 
overseas contingency operations. 
Sec. 851. Database on price trends of items and services under Federal contracts. 
Sec. 852. Information on corporate contractor performance and integrity through 
the Federal Awardee Performance and Integrity Information System. 
Sec. 853. Inclusion of data on contractor performance in past performance data-
bases for executive agency source selection decisions. 
Subtitle E—Other Matters 
Sec. 861. Requirements and limitations for suspension and debarment officials of 
the Department of Defense, the Department of State, and the United 
States Agency for International Development. 
Sec. 862. Uniform contract writing system requirements. 
Sec. 863. Extension of other transaction authority. 
Sec. 864. Report on allowable costs of compensation of contractor employees. 
Sec. 865. Reports on use of indemnification agreements. 
Sec. 866. Plan to increase number of contractors eligible for contracts under Air 
Force NETCENTS-2 contract. 
Sec. 867. Inclusion of information on prevalent grounds for sustaining bid protests 
in annual protest report by Comptroller General to Congress. 
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126 STAT. 1824 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. TREATMENT OF PROCUREMENTS ON BEHALF OF THE 
DEPARTMENT OF DEFENSE THROUGH THE WORK FOR 
OTHERS PROGRAM OF THE DEPARTMENT OF ENERGY. 
(a) IN GENERAL.—Subsection (d) of section 801 of the National 
Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2304 
note) is amended— 
(1) in the subsection heading, by striking ‘‘DEFENSE’’ and 
inserting ‘‘APPLICABLE’’; 
(2) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(3) by striking ‘‘For the purposes’’ and inserting ‘‘(1) Except 
as provided in paragraph (2), for the purposes’’; 
(4) in paragraph (1), as designated by paragraph (3) of 
this subsection, by striking ‘‘defense procurement’’ and inserting 
‘‘applicable procurement’’; and 
(5) by adding at the end the following new paragraph 
(2): 
‘‘(2) In the case of the procurement of property or services 
on behalf of the Department of Defense through the Work for 
Others program of the Department of Energy, the laws and regula-
tions applicable under paragraph (1)(B) are the Department of 
Energy Acquisition Regulations, pertinent interagency agreements, 
and Department of Defense and Department of Energy policies 
related to the Work for Others program.’’. 
(b) CONFORMING
AMENDMENTS.—Such section is further 
amended 
by 
striking 
‘‘defense 
procurement’’ 
and 
inserting 
‘‘applicable procurement’’ each place it appears as follows: 
(1) Subsection (a)(1)(B). 
(2) Subsection (a)(4) (as redesignated by section 805(a)(3)). 
(3) Subsection (a)(4)(A) (as redesignated by section 
805(a)(3)). 
(4) Subsection (b)(1)(A). 
(5) Subsection (b)(1)(B)(ii). 
(6) Subsection (c)(2)(F). 
SEC. 802. REVIEW AND JUSTIFICATION OF PASS-THROUGH CON-
TRACTS. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense, the Secretary of State, and 
the Administrator of the United States Agency for International 
Development shall issue such guidance and regulations as may 
be necessary to ensure that in any case in which an offeror for 
a contract or a task or delivery order informs the agency pursuant 
to section 52.215-22 of the Federal Acquisition Regulation that 
the offeror intends to award subcontracts for more than 70 percent 
of the total cost of work to be performed under the contract, task 
order, or delivery order, the contracting officer for the contract 
is required to— 
(1) consider the availability of alternative contract vehicles 
and the feasibility of contracting directly with a subcontractor 
or subcontractors that will perform the bulk of the work; 
Deadline. 
10 USC 2304 
note. 
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126 STAT. 1825 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) make a written determination that the contracting 
approach selected is in the best interest of the Government; 
and 
(3) document the basis for such determination. 
SEC. 803. AVAILABILITY OF AMOUNTS IN DEFENSE ACQUISITION 
WORKFORCE DEVELOPMENT FUND. 
(a) IN GENERAL.—Section 1705 of title 10, United States Code, 
is amended— 
(1) in subsection (d)(2)(C), by striking clauses (i) through 
(vi) and inserting the following: 
‘‘(i) For fiscal year 2013, $500,000,000. 
‘‘(ii) For fiscal year 2014, $800,000,000. 
‘‘(iii) For fiscal year 2015, $700,000,000. 
‘‘(iv) For fiscal year 2016, $600,000,000. 
‘‘(v) For fiscal year 2017, $500,000,000. 
‘‘(vi) For fiscal year 2018, $400,000,000.’’; 
(2) in subsection (e)— 
(A) in paragraph (1), by adding at the end the following 
new sentence: ‘‘In the case of temporary members of the 
acquisition workforce designated pursuant to subsection 
(h)(2), such funds shall be available only for the limited 
purpose of providing training in the performance of acquisi-
tion-related functions and duties.’’; and 
(B) in paragraph (5), by inserting before the period 
at the end the following: ‘‘, and who has continued in 
the employment of the Department since such time without 
a break in such employment of more than a year’’; 
(3) by striking subsection (g); 
(4) by redesignating subsection (h) as subsection (g); and 
(5) by adding at the end the following new subsection 
(h): 
‘‘(h) ACQUISITION WORKFORCE DEFINED.—In this section, the 
term ‘acquisition workforce’ means the following: 
‘‘(1) Personnel in positions designated under section 1721 
of this title as acquisition positions for purposes of this chapter. 
‘‘(2) Other military personnel or civilian employees of the 
Department of Defense who— 
‘‘(A) contribute significantly to the acquisition process 
by virtue of their assigned duties; and 
‘‘(B) are designated as temporary members of the 
acquisition workforce by the Under Secretary of Defense 
for Acquisition, Technology, and Logistics, or by the senior 
acquisition executive of a military department, for the lim-
ited purpose of receiving training for the performance of 
acquisition-related functions and duties.’’. 
(b) EXTENSION OF EXPEDITED HIRING AUTHORITY.—Subsection 
(g) of such section, as redesignated by subsection (a)(4) of this 
section, is further amended in paragraph (2) by striking ‘‘September 
30, 2015’’ and inserting ‘‘September 30, 2017’’. 
(c) PLAN REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall develop a plan for the 
implementation of the authority provided by the amendments made 
by subsection (a) with regard to temporary members of the defense 
acquisition workforce. The plan shall include policy, criteria, and 
Deadline. 
10 USC 1705 
note. 
Determination. 
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126 STAT. 1826 
PUBLIC LAW 112–239—JAN. 2, 2013 
processes for designating temporary members and appropriate safe-
guards to prevent the abuse of such authority. 
SEC. 804. DEPARTMENT OF DEFENSE POLICY ON CONTRACTOR 
PROFITS. 
(a) REVIEW
OF GUIDELINES
ON PROFITS.—The Secretary of 
Defense shall review the profit guidelines in the Department of 
Defense Supplement to the Federal Acquisition Regulation in order 
to identify any modifications to such guidelines that are necessary 
to ensure an appropriate link between contractor profit and con-
tractor performance. In conducting the review, the Secretary shall 
obtain the views of experts and interested parties in Government 
and the private sector. 
(b) MATTERS TO BE CONSIDERED.—In conducting the review 
required by subsection (a), the Secretary shall consider, at a min-
imum, the following: 
(1) Appropriate levels of profit needed to sustain competi-
tion in the defense industry, taking into account contractor 
investment and cash flow. 
(2) Appropriate adjustments to address contract and 
performance risk assumed by the contractor, taking into 
account the extent to which such risk is passed on to sub-
contractors. 
(3) Appropriate incentives for superior performance in 
delivering quality products and services in a timely and cost- 
effective manner, taking into account such factors as prime 
contractor cost reduction, control of overhead costs, subcon-
tractor cost reduction, subcontractor management, and effective 
competition (including the use of small business) at the sub-
contract level. 
(c) MODIFICATION OF GUIDELINES.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary shall 
modify the profit guidelines described in subsection (a) to make 
such changes as the Secretary determines to be appropriate based 
on the review conducted pursuant to that subsection. 
SEC. 805. MODIFICATION OF AUTHORITIES ON INTERNAL CONTROLS 
FOR PROCUREMENTS ON BEHALF OF THE DEPARTMENT 
OF DEFENSE BY CERTAIN NONDEFENSE AGENCIES. 
(a) DISCRETIONARY AUTHORITY.—Subsection (a) of section 801 
of the National Defense Authorization Act for Fiscal Year 2008 
(10 U.S.C. 2304 note) is amended— 
(1) in paragraph (1), by striking ‘‘shall, not later than 
the date specified in paragraph (2),’’ and inserting ‘‘may’’; 
(2) by striking paragraph (2); 
(3) by redesignating paragraphs (3) through (6) as para-
graphs (2) through (5), respectively; 
(4) in paragraph (3), as redesignated by paragraph (3) 
of this subsection— 
(A) by striking ‘‘required under this subsection’’ and 
inserting ‘‘to be performed under this subsection’’; and 
(B) by striking ‘‘shall’’ and inserting ‘‘may’’; and 
(5) in paragraph (4), as so redesignated, by striking ‘‘shall’’ 
and inserting ‘‘may’’. 
(b) CONFORMING AMENDMENTS.—Subsection (b)(1)(B) of such 
section is amended— 
(1) in clause (i), by striking ‘‘required by subsection (a)(4)’’ 
and inserting ‘‘to be entered into under subsection (a)(3)’’; and 
Deadline. 
10 USC 2302 
note. 
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126 STAT. 1827 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) in clause (ii)— 
(A) by striking ‘‘required by subsection (a)’’ and 
inserting ‘‘provided for under subsection (a)’’; and 
(B) by striking ‘‘subsection (a)(5)’’ and inserting ‘‘sub-
section (a)(4)’’. 
SEC. 806. EXTENSION OF AUTHORITY RELATING TO MANAGEMENT OF 
SUPPLY-CHAIN RISK. 
(a) EXTENSION.—Section 806(g) of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (Public Law 111– 
383; 124 Stat. 4262; 10 U.S.C. 2304 note) is amended by striking 
‘‘the date that is three years after the date of the enactment 
of this Act’’ and inserting ‘‘September 30, 2018’’. 
(b) VERIFICATION OF EFFECTIVE IMPLEMENTATION.—Section 806 
of such Act is further amended by adding at the end the following 
new subsection: 
‘‘(h) VERIFICATION OF EFFECTIVE IMPLEMENTATION.— 
‘‘(1) 
CRITERIA
AND
DATA
COLLECTION
TO
MEASURE 
EFFECTIVENESS.—The Secretary of Defense shall— 
‘‘(A) establish criteria for measuring the effectiveness 
of the authority provided by this section; and 
‘‘(B) collect data to evaluate the implementation of 
this section using such criteria. 
‘‘(2) REPORTS.—The Secretary shall submit to the appro-
priate congressional committees— 
‘‘(A) not later than March 1, 2013, a report on the 
criteria established under paragraph (1)(A); and 
‘‘(B) not later than January 1, 2017, a report on the 
effectiveness of the implementation of this section, based 
on data collected under paragraph (1)(B).’’. 
(c) TECHNICAL AMENDMENT.—Section 806(f)(2) of such Act is 
amended by striking ‘‘that awarded’’ and inserting ‘‘that are 
awarded’’. 
SEC. 807. SENSE OF CONGRESS ON THE CONTINUING PROGRESS OF 
THE DEPARTMENT OF DEFENSE IN IMPLEMENTING ITS 
ITEM UNIQUE IDENTIFICATION INITIATIVE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In 2003, the Department of Defense initiated the Item 
Unique Identification (IUID) Initiative, which requires the 
marking and tracking of assets deployed throughout the Armed 
Forces or in the possession of Department contractors. 
(2) The Initiative has the potential for realizing significant 
cost savings and improving the management of defense equip-
ment and supplies throughout their lifecycle. 
(3) The Initiative can help the Department combat the 
growing problem of counterfeit parts in the military supply 
chain. 
(b) SENSE OF CONGRESS.—It is the sense of Congress— 
(1) to support efforts by the Department of Defense to 
implement the Item Unique Identification Initiative; 
(2) to support measures to verify contractor compliance 
with section 252.211–7003 (entitled ‘‘Item Identification and 
Valuation’’) of the Defense Supplement to the Federal Acquisi-
tion Regulation, on Unique Identification, which states that 
a unique identification equivalent recognized by the Depart-
ment is required for certain acquisitions; 
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126 STAT. 1828 
PUBLIC LAW 112–239—JAN. 2, 2013 
(3) to encourage the Armed Forces to adopt and implement 
Item Unique Identification actions and milestones; and 
(4) to support investment of sufficient resources and contin-
ued training and leadership to enable the Department to cap-
ture meaningful data and optimize the benefits of the Item 
Unique Identification Initiative. 
Subtitle B—Provisions Relating to Major 
Defense Acquisition Programs 
SEC. 811. LIMITATION ON USE OF COST-TYPE CONTRACTS. 
(a) PROHIBITION WITH RESPECT
TO PRODUCTION
OF MAJOR 
DEFENSE ACQUISITION PROGRAMS.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall modify the acquisition regulations of the Department of 
Defense to prohibit the Department from entering into cost-type 
contracts for the production of major defense acquisition programs. 
(b) EXCEPTION.— 
(1) IN GENERAL.—The prohibition under subsection (a) shall 
not apply in the case of a particular cost-type contract if the 
Under Secretary of Defense for Acquisition, Technology, and 
Logistics provides written certification to the congressional 
defense committees that a cost-type contract is needed to pro-
vide a required capability in a timely and cost-effective manner. 
(2) SCOPE OF EXCEPTION.—In any case for which the Under 
Secretary grants an exception under paragraph (1), the Under 
Secretary shall take affirmative steps to make sure that the 
use of cost-type pricing is limited to only those line items 
or portions of the contract where such pricing is needed to 
achieve the purposes of the exception. A written certification 
under paragraph (1) shall be accompanied by an explanation 
of the steps taken under this paragraph. 
(c) DEFINITIONS.—In this section: 
(1) MAJOR
DEFENSE
ACQUISITION
PROGRAM.—The term 
‘‘major defense acquisition program’’ has the meaning given 
the term in section 2430(a) of title 10, United States Code. 
(2) PRODUCTION OF A MAJOR DEFENSE ACQUISITION PRO-
GRAM.—The term ‘‘production of a major defense acquisition 
program’’ means the production and deployment of a major 
system that is intended to achieve an operational capability 
that satisfies mission needs, or any activity otherwise defined 
as Milestone C under Department of Defense Instruction 
5000.02 or related authorities. 
(3) CONTRACT FOR THE PRODUCTION OF A MAJOR DEFENSE 
ACQUISITION PROGRAM.—The term ‘‘contract for the production 
of a major defense acquisition program’’— 
(A) means a prime contract for the production of a 
major defense acquisition program; and 
(B) does not include individual line items for segregable 
efforts or contracts for the incremental improvement of 
systems that are already in production (other than con-
tracts for major upgrades that are themselves major 
defense acquisition programs). 
(d) APPLICABILITY.—The requirements of this section shall apply 
to contracts for the production of major defense acquisition pro-
grams entered into on or after October 1, 2014. 
Effective date. 
Certification. 
Deadline. 
Regulations. 
10 USC 2430 
note. 
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126 STAT. 1829 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 812. ESTIMATES OF POTENTIAL TERMINATION LIABILITY OF CON-
TRACTS FOR THE DEVELOPMENT OR PRODUCTION OF 
MAJOR DEFENSE ACQUISITION PROGRAMS. 
(a) DEPARTMENT
OF DEFENSE REVIEW.—Not later than 180 
days after the date of the enactment of this Act, the Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall review 
relevant acquisition guidance and take appropriate actions to ensure 
that program managers for major defense acquisition programs 
are preparing estimates of potential termination liability for covered 
contracts, including how such termination liability is likely to 
increase or decrease over the period of performance, and are giving 
appropriate consideration to such estimates before making rec-
ommendations on decisions to enter into or terminate such con-
tracts. 
(b) COMPTROLLER GENERAL OF THE UNITED STATES REPORT.— 
(1) IN GENERAL.—Not later than 270 days after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall submit to the congressional defense commit-
tees a report on the extent to which the Department of Defense 
is considering potential termination liability as a factor in 
entering into and in terminating covered contracts. 
(2) MATTERS TO BE ADDRESSED.—The report required by 
paragraph (1) shall include, at a minimum, an assessment 
of the following: 
(A) The extent to which the Department of Defense 
developed estimates of potential termination liability for 
covered contracts entered into before the date of the enact-
ment of this Act and how such termination liability was 
likely to increase or decrease over the period of performance 
before making decisions to enter into or terminate such 
contracts. 
(B) The extent to which the Department considered 
estimates of potential termination liability for such con-
tracts and how such termination liability was likely to 
increase or decrease over the period of performance as 
a risk factor in deciding whether to enter into or terminate 
such contracts. 
(c) COVERED CONTRACTS.—For purposes of this section, a cov-
ered contract is a contract for the development or production of 
a major defense acquisition program for which potential termination 
liability could reasonably be expected to exceed $100,000,000. 
(d) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this 
section, the term ‘‘major defense acquisition program’’ has the 
meaning given that term in section 2430(a) of title 10, United 
States Code. 
SEC. 813. TECHNICAL CHANGE REGARDING PROGRAMS EXPERIENCING 
CRITICAL COST GROWTH DUE TO CHANGE IN QUANTITY 
PURCHASED. 
Section 2433a(c)(3)(A) of title 10, United States Code, is 
amended by striking ‘‘subparagraphs (B) and (C)’’ and inserting 
‘‘subparagraphs (B), (C), and (E)’’. 
Definition. 
Deadline. 
Deadline. 
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126 STAT. 1830 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 814. REPEAL OF REQUIREMENT TO REVIEW ONGOING PROGRAMS 
INITIATED BEFORE ENACTMENT OF MILESTONE B CER-
TIFICATION AND APPROVAL PROCESS. 
Subsection (b) of section 205 of the Weapon Systems Acquisition 
Reform Act of 2009 (Public Law 111–23; 123 Stat. 1725; 10 U.S.C. 
2366b note) is repealed. 
Subtitle C—Amendments to General Con-
tracting Authorities, Procedures, and 
Limitations 
SEC. 821. MODIFICATION OF TIME PERIOD FOR CONGRESSIONAL 
NOTIFICATION OF THE LEASE OF CERTAIN VESSELS BY 
THE DEPARTMENT OF DEFENSE. 
Section 2401(h)(2) of title 10, United States Code, is amended 
by striking ‘‘30 days of continuous session of Congress’’ and inserting 
‘‘60 days’’. 
SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED 
ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL 
ITEMS. 
(a) EXTENSION.—Effective as of January 1, 2012, section 4202 
of the Clinger–Cohen Act of 1996 (division D of Public Law 104– 
106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended in subsection 
(e) by striking ‘‘2012’’ and inserting ‘‘2015’’. 
(b) TECHNICAL
AMENDMENT
TO
CROSS
REFERENCES.—Sub-
section (e) of such Act is further amended by striking ‘‘section 
303(g)(1) of the Federal Property and Administrative Services Act 
of 1949, and section 31(a) of the Office of Federal Procurement 
Policy Act, as amended by this section,’’ and inserting ‘‘section 
3305(a) of title 41, United States Code, and section 1901(a) of 
title 41, United States Code,’’. 
SEC. 823. CODIFICATION AND AMENDMENT RELATING TO LIFE-CYCLE 
MANAGEMENT AND PRODUCT SUPPORT REQUIREMENTS. 
(a) CODIFICATION AND AMENDMENT.— 
(1) IN GENERAL.—Chapter 137 of title 10, United States 
Code, as amended by section 331, is further amended by adding 
at the end the following new section: 
‘‘§ 2337. Life-cycle management and product support 
‘‘(a) GUIDANCE ON LIFE-CYCLE MANAGEMENT.—The Secretary 
of Defense shall issue and maintain comprehensive guidance on 
life-cycle management and the development and implementation 
of product support strategies for major weapon systems. The guid-
ance issued pursuant to this subsection shall— 
‘‘(1) maximize competition and make the best possible use 
of available Department of Defense and industry resources 
at the system, subsystem, and component levels; and 
‘‘(2) maximize value to the Department of Defense by pro-
viding the best possible product support outcomes at the lowest 
operations and support cost. 
‘‘(b) PRODUCT SUPPORT MANAGERS.— 
10 USC 2337. 
Effective date. 
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126 STAT. 1831 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(1) REQUIREMENT.—The Secretary of Defense shall require 
that each major weapon system be supported by a product 
support manager in accordance with this subsection. 
‘‘(2) RESPONSIBILITIES.—A product support manager for a 
major weapon system shall— 
‘‘(A) develop and implement a comprehensive product 
support strategy for the weapon system; 
‘‘(B) use appropriate predictive analysis and modeling 
tools that can improve material availability and reliability, 
increase operational availability rates, and reduce oper-
ation and sustainment costs; 
‘‘(C) conduct appropriate cost analyses to validate the 
product support strategy, including cost-benefit analyses 
as outlined in Office of Management and Budget Circular 
A–94; 
‘‘(D) ensure achievement of desired product support 
outcomes through development and implementation of 
appropriate product support arrangements; 
‘‘(E) adjust performance requirements and resource 
allocations across product support integrators and product 
support providers as necessary to optimize implementation 
of the product support strategy; 
‘‘(F) periodically review product support arrangements 
between the product support integrators and product sup-
port providers to ensure the arrangements are consistent 
with the overall product support strategy; 
‘‘(G) prior to each change in the product support 
strategy or every five years, whichever occurs first, revali-
date any business-case analysis performed in support of 
the product support strategy; and 
‘‘(H) ensure that the product support strategy maxi-
mizes small business participation at the appropriate tiers. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) PRODUCT SUPPORT.—The term ‘product support’ means 
the package of support functions required to field and maintain 
the readiness and operational capability of major weapon sys-
tems, subsystems, and components, including all functions 
related to weapon system readiness. 
‘‘(2) PRODUCT SUPPORT ARRANGEMENT.—The term ‘product 
support arrangement’ means a contract, task order, or any 
type of other contractual arrangement, or any type of agreement 
or non-contractual arrangement within the Federal Govern-
ment, for the performance of sustainment or logistics support 
required for major weapon systems, subsystems, or components. 
The term includes arrangements for any of the following: 
‘‘(A) Performance-based logistics. 
‘‘(B) Sustainment support. 
‘‘(C) Contractor logistics support. 
‘‘(D) Life-cycle product support. 
‘‘(E) Weapon systems product support. 
‘‘(3) PRODUCT
SUPPORT
INTEGRATOR.—The term ‘product 
support integrator’ means an entity within the Federal Govern-
ment or outside the Federal Government charged with inte-
grating all sources of product support, both private and public, 
defined within the scope of a product support arrangement. 
‘‘(4) PRODUCT SUPPORT PROVIDER.—The term ‘product sup-
port provider’ means an entity that provides product support 
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126 STAT. 1832 
PUBLIC LAW 112–239—JAN. 2, 2013 
functions. The term includes an entity within the Department 
of Defense, an entity within the private sector, or a partnership 
between such entities. 
‘‘(5) MAJOR
WEAPON
SYSTEM.—The term ‘major weapon 
system’ means a major system within the meaning of section 
2302d(a) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 137 of such title, as so amended, is further 
amended by adding at the end the following new item: 
‘‘2337. Life-cycle management and product support.’’. 
(b) REPEAL
OF SUPERSEDED SECTION.—Section 805 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 10 U.S.C. 2302 note) is repealed. 
SEC. 824. CODIFICATION OF REQUIREMENT RELATING TO GOVERN-
MENT PERFORMANCE OF CRITICAL ACQUISITION FUNC-
TIONS. 
(a) CODIFICATION.— 
(1) IN GENERAL.—Subchapter I of chapter 87 of title 10, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 1706. Government performance of certain acquisition func-
tions 
‘‘(a) GOAL.—It shall be the goal of the Department of Defense 
and each of the military departments to ensure that, for each 
major defense acquisition program and each major automated 
information system program, each of the following positions is per-
formed by a properly qualified member of the armed forces or 
full-time employee of the Department of Defense: 
‘‘(1) Program executive officer. 
‘‘(2) Deputy program executive officer. 
‘‘(3) Program manager. 
‘‘(4) Deputy program manager. 
‘‘(5) Senior contracting official. 
‘‘(6) Chief developmental tester. 
‘‘(7) Program lead product support manager. 
‘‘(8) Program lead systems engineer. 
‘‘(9) Program lead cost estimator. 
‘‘(10) Program lead contracting officer. 
‘‘(11) Program lead business financial manager. 
‘‘(12) Program lead production, quality, and manufacturing. 
‘‘(13) Program lead information technology. 
‘‘(b) PLAN OF ACTION.—The Secretary of Defense shall develop 
and implement a plan of action for recruiting, training, and ensuring 
appropriate career development of military and civilian personnel 
to achieve the objective established in subsection (a). 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘major defense acquisition program’ has the 
meaning given such term in section 2430(a) of this title. 
‘‘(2) The term ‘major automated information system pro-
gram’ has the meaning given such term in section 2445a(a) 
of this title.’’. 
10 USC 1706. 
10 USC 
prec. 2301. 
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126 STAT. 1833 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such subchapter is amended by adding at the 
end the following new item: 
‘‘1706. Government performance of certain acquisition functions.’’. 
(b) REPEAL OF SUPERSEDED SECTION.—Section 820 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 10 U.S.C. 1701 note) is repealed. 
SEC. 825. COMPETITION IN ACQUISITION OF MAJOR SUBSYSTEMS AND 
SUBASSEMBLIES ON MAJOR DEFENSE ACQUISITION PRO-
GRAMS. 
Section 202(c) of the Weapon Systems Acquisition Reform Act 
of 2009 (Public Law 111–23; 123 Stat. 1720; 10 U.S.C. 2430 note) 
is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘fair 
and objective ‘make-buy’ decisions by prime contractors’’ and 
inserting ‘‘competition or the option of competition at the sub-
contract level’’; 
(2) by redesignating paragraphs (1), (2), and (3) as para-
graphs (2), (3), and (4), respectively; and 
(3) by inserting before paragraph (2), as redesignated by 
paragraph (2) of this section, the following new paragraph 
(1): 
‘‘(1) where appropriate, breaking out a major subsystem, 
conducting a separate competition for the subsystem, and pro-
viding the subsystem to the prime contractor as Government- 
furnished equipment;’’. 
SEC. 826. COMPLIANCE WITH BERRY AMENDMENT REQUIRED FOR UNI-
FORM COMPONENTS SUPPLIED TO AFGHAN MILITARY OR 
AFGHAN NATIONAL POLICE. 
(a) REQUIREMENT.—In the case of any textile components sup-
plied by the Department of Defense to the Afghan National Army 
or the Afghan National Police for purposes of production of uni-
forms, section 2533a of title 10, United States Code, shall apply, 
and no exceptions or exemptions under that section shall apply. 
(b) EFFECTIVE DATE.—This section shall apply to solicitations 
issued and contracts awarded for the procurement of such compo-
nents after the date of the enactment of this Act. 
SEC. 827. ENHANCEMENT OF WHISTLEBLOWER PROTECTIONS FOR 
CONTRACTOR EMPLOYEES. 
(a) IN GENERAL.—Subsection (a) of section 2409 of title 10, 
United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘An employee’’; 
(2) in paragraph (1), as so designated— 
(A) by inserting ‘‘or subcontractor’’ after ‘‘employee of 
a contractor’’; 
(B) by striking ‘‘a Member of Congress’’ and all that 
follows through ‘‘the Department of Justice’’ and inserting 
‘‘a person or body described in paragraph (2)’’; and 
(C) by striking ‘‘evidence of’’ and all that follows and 
inserting the following: ‘‘evidence of the following: 
‘‘(A) Gross mismanagement of a Department of Defense 
contract or grant, a gross waste of Department funds, an abuse 
of authority relating to a Department contract or grant, or 
a violation of law, rule, or regulation related to a Department 
Applicability. 
10 USC 
prec. 1701. 
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126 STAT. 1834 
PUBLIC LAW 112–239—JAN. 2, 2013 
contract (including the competition for or negotiation of a con-
tract) or grant. 
‘‘(B) Gross mismanagement of a National Aeronautics and 
Space Administration contract or grant, a gross waste of 
Administration funds, an abuse of authority relating to an 
Administration contract or grant, or a violation of law, rule, 
or regulation related to an Administration contract (including 
the competition for or negotiation of a contract) or grant. 
‘‘(C) A substantial and specific danger to public health 
or safety.’’; and 
(3) by adding at the end the following new paragraphs: 
‘‘(2) The persons and bodies described in this paragraph are 
the persons and bodies as follows: 
‘‘(A) A Member of Congress or a representative of a com-
mittee of Congress. 
‘‘(B) An Inspector General. 
‘‘(C) The Government Accountability Office. 
‘‘(D) An employee of the Department of Defense or the 
National Aeronautics and Space Administration, as applicable, 
responsible for contract oversight or management. 
‘‘(E) An authorized official of the Department of Justice 
or other law enforcement agency. 
‘‘(F) A court or grand jury. 
‘‘(G) A management official or other employee of the con-
tractor or subcontractor who has the responsibility to inves-
tigate, discover, or address misconduct. 
‘‘(3) For the purposes of paragraph (1)— 
‘‘(A) an employee who initiates or provides evidence of 
contractor or subcontractor misconduct in any judicial or 
administrative proceeding relating to waste, fraud, or abuse 
on a Department of Defense or National Aeronautics and Space 
Administration contract or grant shall be deemed to have made 
a disclosure covered by such paragraph; and 
‘‘(B) a reprisal described in paragraph (1) is prohibited 
even if it is undertaken at the request of a Department or 
Administration official, unless the request takes the form of 
a nondiscretionary directive and is within the authority of 
the Department or Administration official making the request.’’. 
(b) INVESTIGATION OF COMPLAINTS.—Subsection (b) of such sec-
tion is amended— 
(1) in paragraph (1), by inserting ‘‘fails to allege a violation 
of the prohibition in subsection (a), or has previously been 
addressed in another Federal or State judicial or administrative 
proceeding initiated by the complainant,’’ after ‘‘is frivolous,’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A), by inserting ‘‘, fails to allege 
a violation of the prohibition in subsection (a), or has 
previously been addressed in another Federal or State 
judicial or administrative proceeding initiated by the 
complainant’’ after ‘‘is frivolous’’; and 
(B) in subparagraph (B), by inserting ‘‘, up to 180 
days,’’ after ‘‘such additional period of time’’; and 
(3) by adding at the end the following new paragraphs: 
‘‘(3) The Inspector General may not respond to any inquiry 
or disclose any information from or about any person alleging 
the reprisal, except to the extent that such response or disclosure 
is— 
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126 STAT. 1835 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(A) made with the consent of the person alleging the 
reprisal; 
‘‘(B) made in accordance with the provisions of section 
552a of title 5 or as required by any other applicable Federal 
law; or 
‘‘(C) necessary to conduct an investigation of the alleged 
reprisal. 
‘‘(4) A complaint may not be brought under this subsection 
more than three years after the date on which the alleged reprisal 
took place.’’. 
(c) REMEDY AND ENFORCEMENT AUTHORITY.—Subsection (c) of 
such section is amended— 
(1) in paragraph (1)(B), by striking ‘‘the compensation 
(including back pay)’’ and inserting ‘‘compensatory damages 
(including back pay)’’; 
(2) in paragraph (2), by adding at the end following new 
sentence: ‘‘An action under this paragraph may not be brought 
more than two years after the date on which remedies are 
deemed to have been exhausted.’’; 
(3) in paragraph (4), by striking ‘‘and compensatory and 
exemplary damages.’’ and inserting ‘‘, compensatory and exem-
plary damages, and reasonable attorney fees and costs. The 
person upon whose behalf an order was issued may also file 
such an action or join in an action filed by the head of the 
agency.’’; 
(4) in paragraph (5), by adding at the end the following 
new sentence: ‘‘Filing such an appeal shall not act to stay 
the enforcement of the order of the head of an agency, unless 
a stay is specifically entered by the court.’’; and 
(5) by adding at the end the following new paragraphs: 
‘‘(6) The legal burdens of proof specified in section 1221(e) 
of title 5 shall be controlling for the purposes of any investigation 
conducted by an Inspector General, decision by the head of an 
agency, or judicial or administrative proceeding to determine 
whether discrimination prohibited under this section has occurred. 
‘‘(7) The rights and remedies provided for in this section may 
not be waived by any agreement, policy, form, or condition of 
employment.’’. 
(d) NOTIFICATION
OF EMPLOYEES.—Such section is further 
amended— 
(1) by redesignating subsections (d) and (e) as subsections 
(f) and (g), respectively; and 
(2) by inserting after subsection (c) the following new sub-
section (d): 
‘‘(d) NOTIFICATION OF EMPLOYEES.—The Secretary of Defense 
and the Administrator of the National Aeronautics and Space 
Administration shall ensure that contractors and subcontractors 
of the Department of Defense and the National Aeronautics and 
Space Administration, as applicable, inform their employees in 
writing of the rights and remedies provided under this section, 
in the predominant native language of the workforce.’’. 
(e) EXCEPTIONS FOR INTELLIGENCE COMMUNITY.—Such section 
is further amended by inserting after subsection (d), as added 
by subsection (d)(2) of this section, the following new subsection 
(e): 
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126 STAT. 1836 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(e) EXCEPTIONS.—(1) This section shall not apply to any ele-
ment of the intelligence community, as defined in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 401a(4)). 
‘‘(2) This section shall not apply to any disclosure made by 
an employee of a contractor, subcontractor, or grantee of an element 
of the intelligence community if such disclosure— 
‘‘(A) relates to an activity of an element of the intelligence 
community; or 
‘‘(B) was discovered during contract, subcontract, or grantee 
services provided to an element of the intelligence community.’’. 
(f) ABUSE OF AUTHORITY DEFINED.—Subsection (g) of such sec-
tion, as redesignated by subsection (d)(1) of this section, is further 
amended by adding at the end the following new paragraph: 
‘‘(6) The term ‘abuse of authority’ means the following: 
‘‘(A) An arbitrary and capricious exercise of authority 
that is inconsistent with the mission of the Department 
of Defense or the successful performance of a Department 
contract or grant. 
‘‘(B) An arbitrary and capricious exercise of authority 
that is inconsistent with the mission of the National Aero-
nautics and Space Administration or the successful 
performance of an Administration contract or grant.’’. 
(g) ALLOWABILITY
OF LEGAL FEES.—Section 2324(k) of such 
title is amended— 
(1) in paragraph (1), by striking ‘‘commenced by the United 
States or a State’’ and inserting ‘‘commenced by the United 
States, by a State, or by a contractor employee submitting 
a complaint under section 2409 of this title’’; and 
(2) in paragraph (2)(C), by striking ‘‘the imposition of a 
monetary penalty’’ and inserting ‘‘the imposition of a monetary 
penalty or an order to take corrective action under section 
2409 of this title’’. 
(h) CONSTRUCTION.—Nothing in this section, or the amend-
ments made by this section, shall be construed to provide any 
rights to disclose classified information not otherwise provided by 
law. 
(i) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by this section 
shall take effect on the date that is 180 days after the date 
of the enactment of this Act, and shall apply to— 
(A) all contracts awarded on or after such date; 
(B) all task orders entered on or after such date pursu-
ant to contracts awarded before, on, or after such date; 
and 
(C) all contracts awarded before such date that are 
modified to include a contract clause providing for the 
applicability of such amendments. 
(2) REVISION OF SUPPLEMENTS TO THE FAR.—Not later than 
180 days after the date of the enactment of this Act, the 
Department of Defense Supplement to the Federal Acquisition 
Regulation and the National Aeronautics and Space Adminis-
tration Supplement to the Federal Acquisition Regulation shall 
each be revised to implement the requirements arising under 
the amendments made by this section. 
(3) INCLUSION OF CONTRACT CLAUSE IN CONTRACTS AWARDED 
BEFORE EFFECTIVE DATE.—At the time of any major modification 
to a contract that was awarded before the date that is 180 
Deadline. 
10 USC 2324 
note. 
Applicability. 
10 USC 2324 
note. 
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126 STAT. 1837 
PUBLIC LAW 112–239—JAN. 2, 2013 
days after the date of the enactment of this Act, the head 
of the contracting agency shall make best efforts to include 
in the contract a contract clause providing for the applicability 
of the amendments made by this section to the contract. 
SEC. 828. PILOT PROGRAM FOR ENHANCEMENT OF CONTRACTOR 
EMPLOYEE WHISTLEBLOWER PROTECTIONS. 
(a) WHISTLEBLOWER PROTECTIONS.— 
(1) IN GENERAL.—Chapter 47 of title 41, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 4712. Pilot program for enhancement of contractor protec-
tion from reprisal for disclosure of certain informa-
tion 
‘‘(a) PROHIBITION OF REPRISALS.— 
‘‘(1) IN GENERAL.—An employee of a contractor, subcon-
tractor, or grantee may not be discharged, demoted, or other-
wise discriminated against as a reprisal for disclosing to a 
person or body described in paragraph (2) information that 
the employee reasonably believes is evidence of gross mis-
management of a Federal contract or grant, a gross waste 
of Federal funds, an abuse of authority relating to a Federal 
contract or grant, a substantial and specific danger to public 
health or safety, or a violation of law, rule, or regulation related 
to a Federal contract (including the competition for or negotia-
tion of a contract) or grant. 
‘‘(2) PERSONS
AND
BODIES
COVERED.—The persons and 
bodies described in this paragraph are the persons and bodies 
as follows: 
‘‘(A) A Member of Congress or a representative of a 
committee of Congress. 
‘‘(B) An Inspector General. 
‘‘(C) The Government Accountability Office. 
‘‘(D) A Federal employee responsible for contract or 
grant oversight or management at the relevant agency. 
‘‘(E) An authorized official of the Department of Justice 
or other law enforcement agency. 
‘‘(F) A court or grand jury. 
‘‘(G) A management official or other employee of the 
contractor, subcontractor, or grantee who has the responsi-
bility to investigate, discover, or address misconduct. 
‘‘(3) RULES OF CONSTRUCTION.—For the purposes of para-
graph (1)— 
‘‘(A) an employee who initiates or provides evidence 
of contractor, subcontractor, or grantee misconduct in any 
judicial or administrative proceeding relating to waste, 
fraud, or abuse on a Federal contract or grant shall be 
deemed to have made a disclosure covered by such para-
graph; and 
‘‘(B) a reprisal described in paragraph (1) is prohibited 
even if it is undertaken at the request of an executive 
branch official, unless the request takes the form of a 
non-discretionary directive and is within the authority of 
the executive branch official making the request. 
‘‘(b) INVESTIGATION OF COMPLAINTS.— 
41 USC 4712. 
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126 STAT. 1838 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(1) SUBMISSION OF COMPLAINT.—A person who believes 
that the person has been subjected to a reprisal prohibited 
by subsection (a) may submit a complaint to the Inspector 
General of the executive agency involved. Unless the Inspector 
General determines that the complaint is frivolous, fails to 
allege a violation of the prohibition in subsection (a), or has 
previously been addressed in another Federal or State judicial 
or administrative proceeding initiated by the complainant, the 
Inspector General shall investigate the complaint and, upon 
completion of such investigation, submit a report of the findings 
of the investigation to the person, the contractor or grantee 
concerned, and the head of the agency. 
‘‘(2) INSPECTOR GENERAL ACTION.— 
‘‘(A) DETERMINATION
OR
SUBMISSION
OF
REPORT
ON 
FINDINGS.—Except as provided under subparagraph (B), 
the Inspector General shall make a determination that 
a complaint is frivolous, fails to allege a violation of the 
prohibition in subsection (a), or has previously been 
addressed in another Federal or State judicial or adminis-
trative proceeding initiated by the complainant or submit 
a report under paragraph (1) within 180 days after 
receiving the complaint. 
‘‘(B) EXTENSION
OF
TIME.—If the Inspector General 
is unable to complete an investigation in time to submit 
a report within the 180-day period specified in subpara-
graph (A) and the person submitting the complaint agrees 
to an extension of time, the Inspector General shall submit 
a report under paragraph (1) within such additional period 
of time, up to 180 days, as shall be agreed upon between 
the Inspector General and the person submitting the com-
plaint. 
‘‘(3) PROHIBITION ON DISCLOSURE.—The Inspector General 
may not respond to any inquiry or disclose any information 
from or about any person alleging the reprisal, except to the 
extent that such response or disclosure is— 
‘‘(A) made with the consent of the person alleging 
the reprisal; 
‘‘(B) made in accordance with the provisions of section 
552a of title 5 or as required by any other applicable 
Federal law; or 
‘‘(C) necessary to conduct an investigation of the alleged 
reprisal. 
‘‘(4) TIME LIMITATION.—A complaint may not be brought 
under this subsection more than three years after the date 
on which the alleged reprisal took place. 
‘‘(c) REMEDY AND ENFORCEMENT AUTHORITY.— 
‘‘(1) IN GENERAL.—Not later than 30 days after receiving 
an Inspector General report pursuant to subsection (b), the 
head of the executive agency concerned shall determine whether 
there is sufficient basis to conclude that the contractor or 
grantee concerned has subjected the complainant to a reprisal 
prohibited by subsection (a) and shall either issue an order 
denying relief or shall take one or more of the following actions: 
‘‘(A) Order the contractor or grantee to take affirmative 
action to abate the reprisal. 
‘‘(B) Order the contractor or grantee to reinstate the 
person to the position that the person held before the 
Deadline. 
Determination. 
Order. 
Determination. 
Reports. 
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126 STAT. 1839 
PUBLIC LAW 112–239—JAN. 2, 2013 
reprisal, together with compensatory damages (including 
back pay), employment benefits, and other terms and condi-
tions of employment that would apply to the person in 
that position if the reprisal had not been taken. 
‘‘(C) Order the contractor or grantee to pay the 
complainant an amount equal to the aggregate amount 
of all costs and expenses (including attorneys’ fees and 
expert witnesses’ fees) that were reasonably incurred by 
the complainant for, or in connection with, bringing the 
complaint regarding the reprisal, as determined by the 
head of the executive agency. 
‘‘(2) EXHAUSTION OF REMEDIES.—If the head of an executive 
agency issues an order denying relief under paragraph (1) 
or has not issued an order within 210 days after the submission 
of a complaint under subsection (b), or in the case of an exten-
sion of time under paragraph (b)(2)(B), not later than 30 days 
after the expiration of the extension of time, and there is 
no showing that such delay is due to the bad faith of the 
complainant, the complainant shall be deemed to have 
exhausted all administrative remedies with respect to the com-
plaint, and the complainant may bring a de novo action at 
law or equity against the contractor or grantee to seek compen-
satory damages and other relief available under this section 
in the appropriate district court of the United States, which 
shall have jurisdiction over such an action without regard to 
the amount in controversy. Such an action shall, at the request 
of either party to the action, be tried by the court with a 
jury. An action under this paragraph may not be brought 
more than two years after the date on which remedies are 
deemed to have been exhausted. 
‘‘(3) ADMISSIBILITY
OF
EVIDENCE.—An Inspector General 
determination and an agency head order denying relief under 
paragraph (2) shall be admissible in evidence in any de novo 
action at law or equity brought pursuant to this subsection. 
‘‘(4) ENFORCEMENT OF ORDERS.—Whenever a person fails 
to comply with an order issued under paragraph (1), the head 
of the executive agency concerned shall file an action for 
enforcement of such order in the United States district court 
for a district in which the reprisal was found to have occurred. 
In any action brought under this paragraph, the court may 
grant appropriate relief, including injunctive relief, compen-
satory and exemplary damages, and attorney fees and costs. 
The person upon whose behalf an order was issued may also 
file such an action or join in an action filed by the head 
of the executive agency. 
‘‘(5) JUDICIAL REVIEW.—Any person adversely affected or 
aggrieved by an order issued under paragraph (1) may obtain 
review of the order’s conformance with this subsection, and 
any regulations issued to carry out this section, in the United 
States court of appeals for a circuit in which the reprisal 
is alleged in the order to have occurred. No petition seeking 
such review may be filed more than 60 days after issuance 
of the order by the head of the executive agency. Review shall 
conform to chapter 7 of title 5. Filing such an appeal shall 
not act to stay the enforcement of the order of the head of 
an executive agency, unless a stay is specifically entered by 
the court. 
Time period. 
Deadlines. 
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126 STAT. 1840 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(6) BURDENS OF PROOF.—The legal burdens of proof speci-
fied in section 1221(e) of title 5 shall be controlling for the 
purposes of any investigation conducted by an Inspector Gen-
eral, decision by the head of an executive agency, or judicial 
or administrative proceeding to determine whether discrimina-
tion prohibited under this section has occurred. 
‘‘(7) RIGHTS AND REMEDIES NOT WAIVABLE.—The rights and 
remedies provided for in this section may not be waived by 
any agreement, policy, form, or condition of employment. 
‘‘(d) NOTIFICATION OF EMPLOYEES.—The head of each executive 
agency shall ensure that contractors, subcontractors, and grantees 
of the agency inform their employees in writing of the rights and 
remedies provided under this section, in the predominant native 
language of the workforce. 
‘‘(e) CONSTRUCTION.—Nothing in this section may be construed 
to authorize the discharge of, demotion of, or discrimination against 
an employee for a disclosure other than a disclosure protected 
by subsection (a) or to modify or derogate from a right or remedy 
otherwise available to the employee. 
‘‘(f) EXCEPTIONS.—(1) This section shall not apply to any ele-
ment of the intelligence community, as defined in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 401a(4)). 
‘‘(2) This section shall not apply to any disclosure made by 
an employee of a contractor, subcontractor, or grantee of an element 
of the intelligence community if such disclosure— 
‘‘(A) relates to an activity of an element of the intelligence 
community; or 
‘‘(B) was discovered during contract, subcontract, or grantee 
services provided to an element of the intelligence community. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘abuse of authority’ means an arbitrary and 
capricious exercise of authority that is inconsistent with the 
mission of the executive agency concerned or the successful 
performance of a contract or grant of such agency. 
‘‘(2) The term ‘Inspector General’ means an Inspector Gen-
eral appointed under the Inspector General Act of 1978 and 
any Inspector General that receives funding from, or has over-
sight over contracts or grants awarded for or on behalf of, 
the executive agency concerned. 
‘‘(h) CONSTRUCTION.—Nothing in this section, or the amend-
ments made by this section, shall be construed to provide any 
rights to disclose classified information not otherwise provided by 
law. 
‘‘(i) DURATION OF SECTION.—This section shall be in effect for 
the four-year period beginning on the date of the enactment of 
this section.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘4712. Pilot program for enhancement of contractor protection from reprisal for dis-
closure of certain information.’’. 
(b) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendments made by subsection 
(a) shall take effect on the date that is 180 days after the 
date of the enactment of this Act, and shall, during the period 
41 USC 4712 
note. 
Applicability. 
41 USC 
prec. 4701. 
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126 STAT. 1841 
PUBLIC LAW 112–239—JAN. 2, 2013 
section 4712 of title 41, United States Code, as added by such 
subsection, is in effect, apply to— 
(A) all contracts and grants awarded on or after such 
date; 
(B) all task orders entered on or after such date pursu-
ant to contracts awarded before, on, or after such date; 
and 
(C) all contracts awarded before such date that are 
modified to include a contract clause providing for the 
applicability of such amendments. 
(2) REVISION OF FEDERAL ACQUISITION REGULATION.—Not 
later than 180 days after the date of the enactment of this 
Act, the Federal Acquisition Regulation shall be revised to 
implement the requirements arising under the amendments 
made by this section. 
(3) INCLUSION OF CONTRACT CLAUSE IN CONTRACTS AWARDED 
BEFORE EFFECTIVE DATE.—At the time of any major modification 
to a contract that was awarded before the date that is 180 
days after the date of the enactment of this Act, the head 
of the contracting agency shall make best efforts to include 
in the contract a contract clause providing for the applicability 
of the amendments made by this section to the contract. 
(c) SUSPENSION OF EFFECTIVENESS OF SECTION 4705 OF TITLE 
41, UNITED STATES CODE, WHILE PILOT PROGRAM IS IN EFFECT.— 
Section 4705 of title 41, United States Code, is amended by adding 
at the end the following new subsection: 
‘‘(f) FOUR-YEAR SUSPENSION OF EFFECTIVENESS WHILE PILOT 
PROGRAM IS
IN EFFECT.—While section 4712 of this title is in 
effect, this section shall not be in effect.’’. 
(d) ALLOWABILITY OF LEGAL FEES.—Section 4310 of title 41, 
United States Code, is amended— 
(1) in subsection (b), by striking ‘‘commenced by the Federal 
Government or a State’’ and inserting ‘‘commenced by the Fed-
eral Government, by a State, or by a contractor or grantee 
employee submitting a complaint under section 4712 of this 
title’’; and 
(2) in subsection (c)(3), by striking ‘‘the imposition of a 
monetary penalty’’ and inserting ‘‘the imposition of a monetary 
penalty or an order to take corrective action under section 
4712 of this title’’. 
(e) 
GOVERNMENT
ACCOUNTABILITY
OFFICE
STUDY
AND 
REPORT.— 
(1) STUDY.—Not later than three years after the date of 
the enactment of this Act, the Comptroller General of the 
United States shall begin conducting a study to evaluate the 
implementation of section 4712 of title 41, United States Code, 
as added by subsection (a). 
(2) REPORT.—Not later than four years after the date of 
the enactment of this Act, the Comptroller General shall submit 
to Congress a report on the results of the study required by 
paragraph (1), with such findings and recommendations as 
the Comptroller General considers appropriate. 
SEC. 829. EXTENSION OF CONTRACTOR CONFLICT OF INTEREST 
LIMITATIONS. 
(a) ASSESSMENT OF EXTENSION OF LIMITATIONS TO CERTAIN 
ADDITIONAL FUNCTIONS AND CONTRACTS.—Not later than 180 days 
Deadline. 
Review. 
10 USC 2302 
note. 
Time period. 
Deadline. 
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126 STAT. 1842 
PUBLIC LAW 112–239—JAN. 2, 2013 
after the date of the enactment of this Act, the Secretary of Defense 
shall review the guidance on personal conflicts of interest for con-
tractor employees issued pursuant to section 841(a) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4537) in order to determine whether 
it would be in the best interest of the Department of Defense 
and the taxpayers to extend such guidance to personal conflicts 
of interest by contractor personnel performing any of the following: 
(1) Functions other than acquisition functions that are 
closely associated with inherently governmental functions (as 
that term is defined in section 2383(b)(3) of title 10, United 
States Code). 
(2) Personal services contracts (as that term is defined 
in section 2330a(g)(5) of title 10, United States Code). 
(3) Contracts for staff augmentation services (as that term 
is defined in section 808(d)(3) of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 
125 Stat. 1490)). 
(b) EXTENSION OF LIMITATIONS.—If the Secretary determines 
pursuant to the review under subsection (a) that the guidance 
on personal conflicts of interest should be extended, the Secretary 
shall revise the Defense Supplement to the Federal Acquisition 
Regulation to the extent necessary to achieve such extension. 
(c) RESULTS OF REVIEW.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall document 
in writing the results of the review conducted under subsection 
(a), including, at a minimum— 
(1) the findings and recommendations of the review; and 
(2) the basis for such findings and recommendations. 
SEC. 830. REPEAL OF SUNSET FOR CERTAIN PROTESTS OF TASK AND 
DELIVERY ORDER CONTRACTS. 
Section 2304c(e) of title 10, United States Code, is amended 
by striking paragraph (3). 
SEC. 831. GUIDANCE AND TRAINING RELATED TO EVALUATING 
REASONABLENESS OF PRICE. 
(a) GUIDANCE.—Not later than 180 days after the date of the 
enactment of this Act, the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics shall issue guidance on the use 
of the authority provided by sections 2306a(d) and 2379 of title 
10, United States Code. The guidance shall— 
(1) include standards for determining whether information 
on the prices at which the same or similar items have previously 
been sold is adequate for evaluating the reasonableness of 
price; 
(2) include standards for determining the extent of 
uncertified cost information that should be required in cases 
in which price information is not adequate for evaluating the 
reasonableness of price; 
(3) ensure that in cases in which such uncertified cost 
information is required, the information shall be provided in 
the form in which it is regularly maintained by the offeror 
in its business operations; and 
(4) provide that no additional cost information may be 
required by the Department of Defense in any case in which 
there are sufficient non-Government sales to establish reason-
ableness of price. 
10 USC 2306a 
note. 
Deadlines. 
Deadline. 
Documentation. 
Determination. 
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126 STAT. 1843 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) TRAINING AND EXPERTISE.—Not later than 270 days after 
the date of the enactment of this Act, the Under Secretary of 
Defense for Acquisition, Technology, and Logistics shall develop 
and begin implementation of a plan of action to— 
(1) train the acquisition workforce on the use of the 
authority provided by sections 2306a(d) and 2379 of title 10, 
United States Code, in evaluating reasonableness of price in 
procurements of commercial items; and 
(2) develop a cadre of experts within the Department of 
Defense to provide expert advice to the acquisition workforce 
in the use of the authority provided by such sections in accord-
ance with the guidance issued pursuant to subsection (a). 
(c) DOCUMENTATION REQUIREMENTS.—The Under Secretary of 
Defense for Acquisition, Technology, and Logistics shall ensure 
that requests for uncertified cost information for the purposes of 
evaluating reasonableness of price are sufficiently documented. The 
Under Secretary shall require that the contract file include, at 
a minimum, the following: 
(1) A justification of the need for additional cost informa-
tion. 
(2) A copy of any request from the Department of Defense 
to a contractor for additional cost information. 
(3) Any response received from the contractor to the 
request, including any rationale or justification provided by 
the contractor for a failure to provide the requested information. 
(d) COMPTROLLER GENERAL REVIEW AND REPORT.— 
(1) REVIEW REQUIREMENT.—The Comptroller General of the 
United States shall conduct a review of data collected pursuant 
to sections 2306a(d) and 2379 of title 10, United States Code, 
during the two-year period beginning on the date of the enact-
ment of this Act. 
(2) REPORT REQUIREMENT.—Not later than 180 days after 
the end of the two-year period referred to in paragraph (1), 
the Comptroller General shall submit to the congressional 
defense committees a report on— 
(A) the extent to which the Department of Defense 
needed access to additional cost information pursuant to 
sections 2306a(d) and 2379 of title 10, United States Code, 
during such two-year period in order to determine price 
reasonableness; 
(B) the extent to which acquisition officials of the 
Department of Defense complied with the guidance issued 
pursuant to subsection (a) during such two-year period; 
(C) the extent to which the Department of Defense 
needed access to additional cost information during such 
two-year period to determine reasonableness of price, but 
was not provided such information by the contractor on 
request; and 
(D) recommendations for improving evaluations of 
reasonableness of price by Department of Defense acquisi-
tion professionals, including recommendations for any 
amendments to law, regulations, or guidance. 
Time periods. 
Plans. 
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126 STAT. 1844 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 832. DEPARTMENT OF DEFENSE ACCESS TO, USE OF, AND SAFE-
GUARDS AND PROTECTIONS FOR CONTRACTOR INTERNAL 
AUDIT REPORTS. 
(a) REVISED GUIDANCE REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Director of the 
Defense Contract Audit Agency shall revise guidance on access 
to defense contractor internal audit reports (including the Contract 
Audit Manual) to incorporate the requirements of this section. 
(b) DOCUMENTATION REQUIREMENTS.—The revised guidance 
shall ensure that requests for access to defense contractor internal 
audit reports are appropriately documented. The required docu-
mentation shall include, at a minimum, the following: 
(1) Written determination that access to such reports is 
necessary to complete required evaluations of contractor busi-
ness systems. 
(2) A copy of any request from the Defense Contract Audit 
Agency to a contractor for access to such reports. 
(3) A record of response received from the contractor, 
including the contractor’s rationale or justification if access 
to requested reports was not granted. 
(b) SAFEGUARDS AND PROTECTIONS.—The revised guidance shall 
include appropriate safeguards and protections to ensure that con-
tractor internal audit reports cannot be used by the Defense Con-
tract Audit Agency for any purpose other than evaluating and 
testing the efficacy of contractor internal controls and the reliability 
of associated contractor business systems. 
(c) RISK-BASED AUDITING.—A determination by the Defense 
Contract Audit Agency that a contractor has a sound system of 
internal controls shall provide the basis for increased reliance on 
contractor business systems or a reduced level of testing with regard 
to specific audits, as appropriate. Internal audit reports provided 
by a contractor pursuant to this section may be considered in 
determining whether or not a contractor has a sound system of 
internal controls, but shall not be the sole basis for such a deter-
mination. 
(d) COMPTROLLER GENERAL REVIEW.—Not later than one year 
after the date of the enactment of this Act, the Comptroller General 
of the United States shall initiate a review of the documentation 
required by subsection (a). Not later than 90 days after completion 
of the review, the Comptroller General shall submit to the congres-
sional defense committees a report on the results of the review, 
with findings and recommendations for improving the audit proc-
esses of the Defense Contract Audit Agency. 
SEC. 
833. 
CONTRACTOR 
RESPONSIBILITIES 
IN 
REGULATIONS 
RELATING TO DETECTION AND AVOIDANCE OF COUNTER-
FEIT ELECTRONIC PARTS. 
Section 818(c)(2)(B) of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1493; 10 U.S.C. 
2302 note) is amended to read as follows: 
‘‘(B) the cost of counterfeit electronic parts and suspect 
counterfeit electronic parts and the cost of rework or correc-
tive action that may be required to remedy the use or 
inclusion of such parts are not allowable costs under 
Department contracts, unless— 
10 USC 2302 
note. 
Determination. 
10 USC 2313 
note. 
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126 STAT. 1845 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(i) the covered contractor has an operational 
system to detect and avoid counterfeit parts and sus-
pect counterfeit electronic parts that has been reviewed 
and approved by the Department of Defense pursuant 
to subsection (e)(2)(B); 
‘‘(ii) the counterfeit electronic parts or suspect 
counterfeit electronic parts were provided to the con-
tractor as Government property in accordance with 
part 45 of the Federal Acquisition Regulation; and 
‘‘(iii) the covered contractor provides timely notice 
to the Government pursuant to paragraph (4).’’. 
Subtitle D—Provisions Relating to Con-
tracts in Support of Contingency Oper-
ations 
SEC. 841. EXTENSION AND EXPANSION OF AUTHORITY TO ACQUIRE 
PRODUCTS AND SERVICES PRODUCED IN COUNTRIES 
ALONG A MAJOR ROUTE OF SUPPLY TO AFGHANISTAN. 
(a) EXTENSION OF TERMINATION DATE.—Subsection (f) of section 
801 of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2399) is amended by striking 
‘‘on or after the date occurring three years after the date of the 
enactment of this Act’’ and inserting ‘‘after December 31, 2014’’. 
(b) EXPANSION OF AUTHORITY TO COVER FORCES OF THE UNITED 
STATES AND COALITION FORCES.—Subsection (b)(1) of such section 
is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at the end; 
(2) in subparagraph (C), by adding ‘‘or’’ at the end; and 
(3) by adding at the end the following: 
‘‘(D) by the United States or coalition forces in Afghani-
stan if the product or service is from a country that has 
agreed to allow the transport of coalition personnel, equip-
ment, and supplies;’’. 
(c) REPEAL OF EXPIRED REPORT REQUIREMENT.—Subsection (g) 
of such section is repealed. 
(d) CLERICAL AMENDMENT.—The heading of such section is 
amended by striking ‘‘; REPORT’’. 
SEC. 842. LIMITATION ON AUTHORITY TO ACQUIRE PRODUCTS AND 
SERVICES PRODUCED IN AFGHANISTAN. 
Section 886 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 266; 10 U.S.C. 2302 
note) is amended— 
(1) in the section heading, by striking ‘‘IRAQ OR’’; 
(2) by striking ‘‘Iraq or’’ each place it appears; and 
(3) in the subsection heading of subsection (c), by striking 
‘‘IRAQ OR’’. 
SEC. 843. RESPONSIBILITY WITHIN DEPARTMENT OF DEFENSE FOR 
OPERATIONAL CONTRACT SUPPORT. 
(a) GUIDANCE REQUIRED.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense shall 
develop and issue guidance establishing the chain of authority 
Deadline. 
10 USC 2302 
note. 
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126 STAT. 1846 
PUBLIC LAW 112–239—JAN. 2, 2013 
and responsibility within the Department of Defense for policy, 
planning, and execution of operational contract support. 
(b) ELEMENTS.—The guidance under subsection (a) shall, at 
a minimum— 
(1) specify the officials, offices, and components of the 
Department within the chain of authority and responsibility 
described in subsection (a); 
(2) identify for each official, office, and component specified 
under paragraph (1)— 
(A) requirements for policy, planning, and execution 
of contract support for operational contract support, 
including, at a minimum, requirements in connection 
with— 
(i) coordination of functions, authorities, and 
responsibilities related to operational contract support, 
including coordination with relevant Federal agencies; 
(ii) assessments of total force data in support of 
Department force planning scenarios, including the 
appropriateness of and necessity for the use of contrac-
tors for identified functions; 
(iii) determinations of capability requirements for 
nonacquisition community operational contract sup-
port, and identification of resources required for plan-
ning, training, and execution to meet such require-
ments; and 
(iv) determinations of policy regarding the use of 
contractors by function, and identification of the 
training exercises that will be required for operational 
contract support (including an assessment whether or 
not such exercises will include contractors); and 
(B) roles, authorities, responsibilities, and lines of 
supervision for the achievement of the requirements identi-
fied under subparagraph (A); and 
(3) ensure that the chain of authority and responsibility 
described in subsection (a) is appropriately aligned with, and 
appropriately integrated into, the structure of the Department 
for the conduct of overseas contingency operations, including 
the military departments, the Joint Staff, and the commanders 
of the unified combatant commands. 
SEC. 844. DATA COLLECTION ON CONTRACT SUPPORT FOR FUTURE 
OVERSEAS CONTINGENCY OPERATIONS INVOLVING COM-
BAT OPERATIONS. 
(a) IN GENERAL.—Not later than one year after the date of 
the enactment of this Act, the Secretary of Defense, the Secretary 
of State, and the Administrator of the United States Agency for 
International Development shall each issue guidance regarding data 
collection on contract support for future contingency operations 
outside the United States that involve combat operations. 
(b) ELEMENTS.—The guidance required by subsection (a) shall 
ensure that the Department of Defense, the Department of State, 
and the United States Agency for International Development take 
the steps necessary to ensure that each agency has the capability 
to collect and report, at a minimum, the following data regarding 
such contract support: 
(1) The total number of contracts entered into as of the 
date of any report. 
Deadline. 
Guidance. 
10 USC 2302 
note. 
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126 STAT. 1847 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) The total number of such contracts that are active 
as of such date. 
(3) The total value of contracts entered into as of such 
date. 
(4) The total value of such contracts that are active as 
of such date. 
(5) An identification of the extent to which the contracts 
entered into as of such date were entered into using competitive 
procedures. 
(6) The total number of contractor personnel working under 
contracts entered into as of the end of each calendar quarter 
during the one-year period ending on such date. 
(7) The total number of contractor personnel performing 
security functions under contracts entered into as of the end 
of each calendar quarter during the one-year period ending 
on such date. 
(8) The total number of contractor personnel killed or 
wounded under any contracts entered into. 
(c) COMPTROLLER GENERAL REVIEW AND REPORT.— 
(1) REVIEW.—The Comptroller General of the United States 
shall review the data system or systems established to track 
contractor data pursuant to subsections (a) and (b). The review 
shall, with respect to each such data system, at a minimum— 
(A) identify each such data system and assess the 
resources needed to sustain such system; 
(B) determine if all such data systems are interoper-
able, use compatible data standards, and meet the require-
ments of section 2222 of title 10, United States Code; 
and 
(C) make recommendations on the steps that the 
Department of Defense, the Department of State, and the 
United States Agency for International Development should 
take to ensure that all such data systems— 
(i) meet the requirements of the guidance issued 
pursuant to subsections (a) and (b); 
(ii) are interoperable, use compatible data stand-
ards, and meet the requirements of section 2222 of 
such title; and 
(iii) are supported by appropriate business proc-
esses and rules to ensure the timeliness and reliability 
of data. 
(2) REPORT.—Not later than two years after the date of 
the enactment of this Act, the Comptroller General shall submit 
a report on the review required by paragraph (1) to the fol-
lowing committees: 
(A) The congressional defense committees. 
(B) The Committee on Foreign Relations and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate. 
(C) The Committee on Foreign Affairs and the Com-
mittee on Oversight and Government Reform of the House 
of Representatives. 
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126 STAT. 1848 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 845. INCLUSION OF OPERATIONAL CONTRACT SUPPORT IN CER-
TAIN REQUIREMENTS FOR DEPARTMENT OF DEFENSE 
PLANNING, JOINT PROFESSIONAL MILITARY EDUCATION, 
AND MANAGEMENT STRUCTURE. 
(a) READINESS REPORTING SYSTEM.—Section 117(c) of title 10, 
United States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(8) Measure, on an annual basis, the capability of oper-
ational contract support to support current and anticipated 
wartime missions of the armed forces.’’. 
(b) OPERATIONAL CONTRACT SUPPORT PLANNING AND PREPARED-
NESS FUNCTIONS
OF CJCS.—Section 153(a)(3) of such title is 
amended by adding at the end the following new subparagraph: 
‘‘(F) In coordination with the Under Secretary of Defense 
for Acquisition, Technology, and Logistics, the Secretaries of 
the military departments, the heads of the Defense Agencies, 
and the commanders of the combatant commands, determining 
the operational contract support requirements of the armed 
forces and recommending the resources required to improve 
and enhance operational contract support for the armed forces 
and planning for such operational contract support.’’. 
(c) OPERATIONAL
CONTRACT
SUPPORT
AS
MATTER
WITHIN 
COURSE
OF JOINT PROFESSIONAL MILITARY EDUCATION.—Section 
2151(a) of such title is amended by adding at the end the following 
new paragraph: 
‘‘(6) Operational contract support.’’. 
(d) MANAGEMENT STRUCTURE.—Section 2330(c)(2) of such title 
is amended by striking ‘‘other than services’’ and all that follows 
and inserting ‘‘including services in support of contingency oper-
ations. The term does not include services relating to research 
and development or military construction.’’. 
SEC. 846. REQUIREMENTS FOR RISK ASSESSMENTS RELATED TO CON-
TRACTOR PERFORMANCE. 
(a) RISK ASSESSMENTS
FOR CONTRACTOR PERFORMANCE
IN 
OPERATIONAL OR CONTINGENCY PLANS.—The Secretary of Defense 
shall require that a risk assessment on reliance on contractors 
be included in operational or contingency plans developed by a 
commander of a combatant command in executing the responsibil-
ities prescribed in section 164 of title 10, United States Code. 
Such risk assessments shall address, at a minimum, the potential 
risks listed in subsection (c). 
(b) COMPREHENSIVE RISK ASSESSMENTS AND MITIGATION PLANS 
FOR CONTRACTOR PERFORMANCE IN SUPPORT OF OVERSEAS CONTIN-
GENCY OPERATIONS.— 
(1) IN GENERAL.—Subject to paragraphs (2) and (3), not 
later than six months after the commencement or designation 
of a contingency operation outside the United States that 
includes or is expected to include combat operations, the head 
of each covered agency shall perform a comprehensive risk 
assessment and develop a risk mitigation plan for operational 
and political risks associated with contractor performance of 
critical functions in support of the operation for such covered 
agency. 
(2) EXCEPTIONS.—Except as provided in paragraph (3), a 
risk assessment and risk mitigation plan shall not be required 
under paragraph (1) for an overseas contingency operation if— 
Deadline. 
10 USC 2302 
note. 
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126 STAT. 1849 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) the operation is not expected to continue for more 
than one year; and 
(B) the total amount of obligations for contracts for 
support of the operation for the covered agency is not 
expected to exceed $250,000,000. 
(3) TERMINATION OF EXCEPTIONS.—Notwithstanding para-
graph (2), the head of a covered agency shall perform a risk 
assessment and develop a risk mitigation plan under paragraph 
(1) for an overseas contingency operation with regard to which 
a risk assessment and risk mitigation plan has not previously 
been performed under paragraph (1) not later than 60 days 
after the date on which— 
(A) the operation has continued for more than one 
year; or 
(B) the total amount of obligations for contracts for 
support of the operation for the covered agency exceeds 
$250,000,000. 
(c) COMPREHENSIVE RISK ASSESSMENTS.—A comprehensive risk 
assessment under subsection (b) shall consider, at a minimum, 
risks relating to the following: 
(1) The goals and objectives of the operation (such as risks 
from contractor behavior or performance that may injure 
innocent members of the local population or offend their sen-
sibilities). 
(2) The continuity of the operation (such as risks from 
contractors refusing to perform or being unable to perform 
when there may be no timely replacements available). 
(3) The safety of military and civilian personnel of the 
United States if the presence or performance of contractor 
personnel creates unsafe conditions or invites attack. 
(4) The safety of contractor personnel employed by the 
covered agency. 
(5) The managerial control of the Government over the 
operation (such as risks from over-reliance on contractors to 
monitor other contractors or inadequate means for Government 
personnel to monitor contractor performance). 
(6) The critical organic or core capabilities of the Govern-
ment, including critical knowledge or institutional memory of 
key operations areas and subject-matter expertise. 
(7) The ability of the Government to control costs, avoid 
organizational or personal conflicts of interest, and minimize 
waste, fraud, and abuse. 
(d) RISK MITIGATION PLANS.—A risk mitigation plan under 
subsection (b) shall include, at a minimum, the following: 
(1) For each high-risk area identified in the comprehensive 
risk assessment for the operation performed under subsection 
(b)— 
(A) specific actions to mitigate or reduce such risk, 
including the development of alternative capabilities to 
reduce reliance on contractor performance of critical func-
tions; 
(B) measurable milestones for the implementation of 
planned risk mitigation or risk reduction measures; and 
(C) a process for monitoring, measuring, and docu-
menting progress in mitigating or reducing risk. 
(2) A continuing process for identifying and addressing 
new and changed risks arising in the course of the operation, 
Deadline. 
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126 STAT. 1850 
PUBLIC LAW 112–239—JAN. 2, 2013 
including the periodic reassessment of risks and the develop-
ment of appropriate risk mitigation or reduction plans for any 
new or changed high-risk area identified. 
(e) CRITICAL FUNCTIONS.—For purposes of this section, critical 
functions include, at a minimum, the following: 
(1) Private security functions, as that term is defined in 
section 864(a)(6) of the National Defense Authorization Act 
for Fiscal Year 2008 (10 U.S.C. 2302 note). 
(2) Training and advising Government personnel, including 
military and security personnel, of a host nation. 
(3) Conducting intelligence or information operations. 
(4) Any other functions that are closely associated with 
inherently governmental functions, including the functions set 
forth in section 7.503(d) of the Federal Acquisition Regulation. 
(5) Any other functions that are deemed critical to the 
success of the operation. 
(f) COVERED AGENCY.—In this section, the term ‘‘covered 
agency’’ means the Department of Defense, the Department of State, 
and the United States Agency for International Development. 
SEC. 847. EXTENSION AND MODIFICATION OF REPORTS ON CON-
TRACTING IN IRAQ AND AFGHANISTAN. 
(a) TWO-YEAR
EXTENSION
OF
REQUIREMENT
FOR
JOINT 
REPORT.—Subsection (a)(5) of section 863 of the National Defense 
Authorization Act for Fiscal Year 2008 (10 U.S.C. 2302 note) is 
amended by striking ‘‘February 1, 2013’’ and inserting ‘‘February 
1, 2015’’. 
(b) REPEAL OF COMPTROLLER GENERAL REVIEW.—Such section 
is further amended by striking subsection (b). 
(c) CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Such section is further amended— 
(A) by striking ‘‘JOINT REPORT REQUIRED.—’’ and all 
that follows through ‘‘paragraph (6)’’ and inserting ‘‘IN GEN-
ERAL.—Except as provided in subsection (f)’’; 
(B) by striking ‘‘this subsection’’ each place it appears 
and inserting ‘‘this section’’; 
(C) by redesignating paragraphs (2) through (7) as 
subsections (b) through (g), respectively, and by moving 
the left margins of such subsections (including the subpara-
graphs in such subsections), as so redesignated, two ems 
to the left; 
(D) in subsection (b), as redesignated by subparagraph 
(C) of this paragraph— 
(i) by capitalizing the second and third words of 
the heading; and 
(ii) by redesignating subparagraphs (A) through 
(I) as paragraphs (1) through (9), respectively; 
(E) in subsection (c), as redesignated by subparagraph 
(C) of this paragraph— 
(i) by capitalizing the second and third words of 
the heading; 
(ii) by redesignating subparagraphs (A) through 
(C) as paragraphs (1) through (3), respectively; and 
(iii) by striking ‘‘paragraph (2)’’ each place it 
appears and inserting ‘‘subsection (b)’’; 
Definition. 
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126 STAT. 1851 
PUBLIC LAW 112–239—JAN. 2, 2013 
(F) in subsection (d), as redesignated by subparagraph 
(C) of this paragraph, by capitalizing the second word of 
the heading; 
(G) in subsection (e), as redesignated by subparagraph 
(C) of this paragraph, by capitalizing the third word of 
the heading; 
(H) in subsection (f), as redesignated by subparagraph 
(C) of this paragraph, by striking ‘‘this paragraph’’ and 
inserting ‘‘this subsection’’; and 
(I) in subsection (g), as redesignated by subparagraph 
(C) of this paragraph, by striking ‘‘paragraph (2)(F)’’ and 
inserting ‘‘subsection (b)(6)’’. 
(2) HEADING AMENDMENT.—The heading of such section 
is amended by striking ‘‘AND COMPTROLLER GENERAL REVIEW’’. 
SEC. 848. RESPONSIBILITIES OF INSPECTORS GENERAL FOR OVER-
SEAS CONTINGENCY OPERATIONS. 
The Inspector General Act of 1978 (5 U.S.C. App.) is amended— 
(1) by redesignating section 8L as section 8M; and 
(2) by inserting after section 8J the following new section 
8L: 
‘‘SEC. 8L. SPECIAL PROVISIONS CONCERNING OVERSEAS CONTIN-
GENCY OPERATIONS. 
‘‘(a) ADDITIONAL RESPONSIBILITIES OF CHAIR OF COUNCIL OF 
INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.—Upon the 
commencement or designation of a military operation as an overseas 
contingency operation that exceeds 60 days, the Chair of the Council 
of Inspectors General on Integrity and Efficiency (CIGIE) shall, 
in consultation with the members of the Council, have the additional 
responsibilities specified in subsection (b) with respect to the Inspec-
tors General specified in subsection (c). 
‘‘(b) SPECIFIC RESPONSIBILITIES.—The responsibilities specified 
in this subsection are the following: 
‘‘(1) In consultation with the Inspectors General specified 
in subsection (c), to designate a lead Inspector General in 
accordance with subsection (d) to discharge the authorities 
of the lead Inspector General for the overseas contingency 
operation concerned as set forth in subsection (d). 
‘‘(2) To resolve conflicts of jurisdiction among the Inspectors 
General specified in subsection (c) on investigations, inspec-
tions, and audits with respect to such contingency operation 
in accordance with subsection (d)(2)(B). 
‘‘(3) To assist in identifying for the lead inspector general 
for such contingency operation, Inspectors General and 
inspector general office personnel available to assist the lead 
Inspector General and the other Inspectors General specified 
in subsection (c) on matters relating to such contingency oper-
ation. 
‘‘(c) INSPECTORS GENERAL.—The Inspectors General specified 
in this subsection are the Inspectors General as follows: 
‘‘(1) The Inspector General of the Department of Defense. 
‘‘(2) The Inspector General of the Department of State. 
‘‘(3) The Inspector General of the United States Agency 
for International Development. 
‘‘(d) LEAD INSPECTOR GENERAL FOR OVERSEAS CONTINGENCY 
OPERATION.—(1) A lead Inspector General for an overseas contin-
gency operation shall be designated by the Chair of the Council 
Designation. 
Deadline. 
Time period. 
Time period. 
5 USC app. 8L. 
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126 STAT. 1852 
PUBLIC LAW 112–239—JAN. 2, 2013 
of Inspectors General on Integrity and Efficiency under subsection 
(b)(1) not later than 30 days after the commencement or designation 
of the military operation concerned as an overseas contingency 
operation that exceeds 60 days. The lead Inspector General for 
a contingency operation shall be designated from among the Inspec-
tors General specified in subsection (c). 
‘‘(2) The lead Inspector General for an overseas contingency 
operation shall have the following responsibilities: 
‘‘(A) To appoint, from among the offices of the other Inspec-
tors General specified in subsection (c), an Inspector General 
to act as associate Inspector General for the contingency oper-
ation who shall act in a coordinating role to assist the lead 
Inspector General in the discharge of responsibilities under 
this subsection. 
‘‘(B) To develop and carry out, in coordination with the 
offices of the other Inspectors General specified in subsection 
(c), a joint strategic plan to conduct comprehensive oversight 
over all aspects of the contingency operation and to ensure 
through either joint or individual audits, inspections, and inves-
tigations, independent and effective oversight of all programs 
and operations of the Federal Government in support of the 
contingency operation. 
‘‘(C) To review and ascertain the accuracy of information 
provided by Federal agencies relating to obligations and 
expenditures, costs of programs and projects, accountability 
of funds, and the award and execution of major contracts, 
grants, and agreements in support of the contingency operation. 
‘‘(D)(i) If none of the Inspectors General specified in sub-
section (c) has principal jurisdiction over a matter with respect 
to the contingency operation, to exercise responsibility for dis-
charging oversight responsibilities in accordance with this Act 
with respect to such matter. 
‘‘(ii) If more than one of the Inspectors General specified 
in subsection (c) has jurisdiction over a matter with respect 
to the contingency operation, to determine principal jurisdiction 
for discharging oversight responsibilities in accordance with 
this Act with respect to such matter. 
‘‘(E) To employ, or authorize the employment by the other 
Inspectors General specified in subsection (c), on a temporary 
basis using the authorities in section 3161 of title 5, United 
States Code, such auditors, investigators, and other personnel 
as the lead Inspector General considers appropriate to assist 
the lead Inspector General and such other Inspectors General 
on matters relating to the contingency operation. 
‘‘(F) To submit to Congress on a bi-annual basis, and to 
make available on an Internet website available to the public, 
a report on the activities of the lead Inspector General and 
the other Inspectors General specified in subsection (c) with 
respect to the contingency operation, including— 
‘‘(i) the status and results of investigations, inspections, 
and audits and of referrals to the Department of Justice; 
and 
‘‘(ii) overall plans for the review of the contingency 
operation by inspectors general, including plans for inves-
tigations, inspections, and audits. 
Deadline. 
Web posting. 
Public 
information. 
Reports. 
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126 STAT. 1853 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(G) To submit to Congress on a quarterly basis, and to 
make available on an Internet website available to the public, 
a report on the contingency operation. 
‘‘(H) To carry out such other responsibilities relating to 
the coordination and efficient and effective discharge by the 
Inspectors General specified in subsection (c) of duties relating 
to the contingency operation as the lead Inspector General 
shall specify. 
‘‘(3)(A) The lead Inspector General for an overseas contingency 
operation may employ, or authorize the employment by the other 
Inspectors General specified in subsection (c) of, annuitants covered 
by section 9902(g) of title 5, United States Code, for purposes 
of assisting the lead Inspector General in discharging responsibil-
ities under this subsection with respect to the contingency operation. 
‘‘(B) The employment of annuitants under this paragraph shall 
be subject to the provisions of section 9902(g) of title 5, United 
States Code, as if the lead Inspector General concerned was the 
Department of Defense. 
‘‘(C) The period of employment of an annuitant under this 
paragraph may not exceed three years, except that the period 
may be extended for up to an additional two years in accordance 
with the regulations prescribed pursuant to section 3161(b)(2) of 
title 5, United States Code. 
‘‘(4) The lead Inspector General for an overseas contingency 
operation shall discharge the responsibilities for the contingency 
operation under this subsection in a manner consistent with the 
authorities and requirements of this Act generally and the authori-
ties and requirements applicable to the Inspectors General specified 
in subsection (c) under this Act. 
‘‘(e) SUNSET FOR PARTICULAR CONTINGENCY OPERATIONS.—The 
requirements and authorities of this section with respect to an 
overseas contingency operation shall cease at the end of the first 
fiscal year after the commencement or designation of the contin-
gency operation in which the total amount appropriated for the 
contingency operation is less than $100,000,000. 
‘‘(f) CONSTRUCTION
OF AUTHORITY.—Nothing in this section 
shall be construed to limit the ability of the Inspectors General 
specified in subsection (c) to enter into agreements to conduct 
joint audits, inspections, or investigations in the exercise of their 
oversight responsibilities in accordance with this Act with respect 
to overseas contingency operations.’’. 
SEC. 849. OVERSIGHT OF CONTRACTS AND CONTRACTING ACTIVITIES 
FOR OVERSEAS CONTINGENCY OPERATIONS IN RESPON-
SIBILITIES OF CHIEF ACQUISITION OFFICERS OF FEDERAL 
AGENCIES. 
(a) IN GENERAL.—Subsection (b)(3) of section 1702 of title 41, 
United States Code, is amended— 
(1) by redesignating subparagraphs (F) and (G) as subpara-
graphs (G) and (H), respectively; and 
(2) by inserting after subparagraph (E) the following new 
subparagraph (F): 
‘‘(F) advising the executive agency on the applicability of 
relevant policy on the contracts of the agency for overseas 
contingency operations and ensuring the compliance of the con-
tracts and contracting activities of the agency with such policy;’’. 
Deadline. 
Web posting. 
Public 
information. 
Reports. 
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126 STAT. 1854 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) DEFINITION.—Such section is further amended by adding 
at the end the following new subsection: 
‘‘(d) OVERSEAS CONTINGENCY OPERATIONS DEFINED.—In this 
section, the term ‘overseas contingency operations’ means military 
operations outside the United States and its territories and posses-
sions that are a contingency operation (as that term is defined 
in section 101(a)(13) of title 10).’’. 
SEC. 850. REPORTS ON RESPONSIBILITY WITHIN DEPARTMENT OF 
STATE AND THE UNITED STATES AGENCY FOR INTER-
NATIONAL DEVELOPMENT FOR CONTRACT SUPPORT FOR 
OVERSEAS CONTINGENCY OPERATIONS. 
(a) DOS AND USAID REPORTS REQUIRED.—Not later than six 
months after the date of the enactment of this Act, the Secretary 
of State and the Administrator of the United States Agency for 
International Development shall, in consultation with the Chief 
Acquisition Officer of the Department of State and the Chief 
Acquisition Officer of the United States Agency for International 
Development, respectively, each submit to the appropriate commit-
tees of Congress an assessment of Department of State and United 
States Agency for International Development policies governing 
contract support in overseas contingency operations. 
(b) ELEMENTS.—Each report under subsection (a) shall include 
the following: 
(1) A description and assessment of the roles and respon-
sibilities of the officials, offices, and components of the Depart-
ment of State or the United States Agency for International 
Development, as applicable, within the chain of authority and 
responsibility for policy, planning, and execution of contract 
support for overseas contingency operations. 
(2) Procedures and processes of the Department or Agency, 
as applicable, on the following in connection with contract 
support for overseas contingency operations: 
(A) Collection, inventory, and reporting of data. 
(B) Acquisition planning. 
(C) Solicitation and award of contracts. 
(D) Requirements development and management. 
(E) Contract tracking and oversight. 
(F) Performance evaluations. 
(G) Risk management. 
(H) Interagency coordination and transition planning. 
(3) Strategies and improvements necessary for the Depart-
ment or the Agency, as applicable, to address reliance on con-
tractors, workforce planning, and the recruitment and training 
of acquisition workforce personnel, including the anticipated 
number of personnel needed to perform acquisition manage-
ment and oversight functions and plans for achieving personnel 
staffing goals, in connection with overseas contingency oper-
ations. 
(c) COMPTROLLER GENERAL REPORT.—Not later than one year 
after the date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the appropriate committees 
of Congress a report on the progress of the efforts of the Department 
of State and the United States Agency for International Develop-
ment in implementing improvements and changes identified under 
paragraphs (1) through (3) of subsection (b) in the reports required 
by subsection (a), together with such additional information as 
Consultation. 
Assessment. 
22 USC 2151 
note. 
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126 STAT. 1855 
PUBLIC LAW 112–239—JAN. 2, 2013 
the Comptroller General considers appropriate to further inform 
such committees on issues relating to the reports required by sub-
section (a). 
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Foreign Relations, the Committee 
on Armed Services, the Committee on Homeland Security and 
Governmental Affairs, and the Committee on Appropriations 
of the Senate; and 
(2) the Committee on Foreign Affairs, the Committee on 
Armed Services, the Committee on Oversight and Government 
Reform, and the Committee on Appropriations of the House 
of Representatives. 
SEC. 851. DATABASE ON PRICE TRENDS OF ITEMS AND SERVICES 
UNDER FEDERAL CONTRACTS. 
(a) DATABASE REQUIRED.— 
(1) IN GENERAL.—Chapter 33 of title 41, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 3312. Database on price trends of items and services under 
Federal contracts 
‘‘(a) DATABASE REQUIRED.—The Administrator shall establish 
and maintain a database of information on price trends for items 
and services under contracts with the Federal Government. The 
information in the database shall be designed to assist Federal 
acquisition officials in the following: 
‘‘(1) Monitoring developments in price trends for items and 
services under contracts with the Federal Government. 
‘‘(2) Conducting price or cost analyses for items and services 
under offers for contracts with the Federal Government, or 
otherwise conducting determinations of the reasonableness of 
prices for items and services under such offers, and addressing 
unjustified escalation in prices being paid by the Federal 
Government for items and services under contracts with the 
Federal Government. 
‘‘(b) USE.—(1) The database under subsection (a) shall be avail-
able to executive agencies in the evaluation of offers for contracts 
with the Federal Government for items and services. 
‘‘(2) The Secretary of Defense may satisfy the requirements 
of this section by complying with the requirements of section 892 
of the Ike Skelton National Defense Authorization Act for Fiscal 
Year 2011 (10 U.S.C. 2306a note).’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 33 of such title is amended by adding 
at the end the following new item: 
‘‘3312. Database on price trends of items and services under Federal contracts.’’. 
(b) USE
OF ELEMENTS
OF DEPARTMENT
OF DEFENSE PILOT 
PROJECT.—In establishing the database required by section 3312 
of title 41, United States Code (as added by subsection (a)), the 
Administrator for Federal Procurement Policy shall use and incor-
porate appropriate elements of the pilot project on pricing being 
carried out by the Under Secretary of Defense for Acquisition, 
Technology, and Logistics pursuant to section 892 of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 
41 USC 3312 
note. 
41 USC 
prec. 3301. 
41 USC 3312 
note. 
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126 STAT. 1856 
PUBLIC LAW 112–239—JAN. 2, 2013 
2306a note) and the Better Buying Power initiative of the Secretary 
of Defense. 
SEC. 852. INFORMATION ON CORPORATE CONTRACTOR PERFORM-
ANCE AND INTEGRITY THROUGH THE FEDERAL AWARDEE 
PERFORMANCE AND INTEGRITY INFORMATION SYSTEM. 
Subsection (d) of section 2313 of title 41, United States Code, 
is amended by adding at the end the following new paragraph: 
‘‘(3) INFORMATION ON CORPORATIONS.—The information in 
the database on a person that is a corporation shall, to the 
extent practicable, include information on any parent, sub-
sidiary, or successor entities to the corporation in a manner 
designed to give the acquisition officials using the database 
a comprehensive understanding of the performance and integ-
rity of the corporation in carrying out Federal contracts and 
grants.’’. 
SEC. 853. INCLUSION OF DATA ON CONTRACTOR PERFORMANCE IN 
PAST 
PERFORMANCE 
DATABASES 
FOR 
EXECUTIVE 
AGENCY SOURCE SELECTION DECISIONS. 
(a) STRATEGY REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Federal Acquisition Regulatory 
Council shall develop a strategy for ensuring that timely, 
accurate, and complete information on contractor performance 
is included in past performance databases used by executive 
agencies for making source selection decisions. 
(2) CONSULTATION
WITH
USDATL.—In developing the 
strategy required by this subsection, the Federal Acquisition 
Regulatory Council shall consult with the Under Secretary 
of Defense for Acquisition, Technology, and Logistics to ensure 
that the strategy is, to the extent practicable, consistent with 
the strategy developed by the Under Secretary pursuant to 
section 806 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1487; 10 U.S.C. 2302 
note). 
(b) ELEMENTS.—The strategy required by subsection (a) shall, 
at a minimum— 
(1) establish standards for the timeliness and completeness 
of past performance submissions for purposes of databases 
described in subsection (a); 
(2) assign responsibility and management accountability 
for the completeness of past performance submissions for such 
purposes; and 
(3) ensure that past performance submissions for such pur-
poses are consistent with award fee evaluations in cases where 
such evaluations have been conducted. 
(c) CONTRACTOR COMMENTS.—Not later than 180 days after 
the date of the enactment of this Act, the Federal Acquisition 
Regulation shall be revised to require the following: 
(1) That affected contractors are provided, in a timely 
manner, information on contractor performance to be included 
in past performance databases in accordance with subsection 
(a). 
(2) That such contractors are afforded up to 14 calendar 
days, from the date of delivery of the information provided 
in accordance with paragraph (1), to submit comments, 
Deadlines. 
Deadline. 
41 USC 1126 
note. 
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126 STAT. 1857 
PUBLIC LAW 112–239—JAN. 2, 2013 
rebuttals, or additional information pertaining to past perform-
ance for inclusion in such databases. 
(3) That agency evaluations of contractor past performance, 
including any comments, rebuttals, or additional information 
submitted under paragraph (2), are included in the relevant 
past performance database not later than the date that is 
14 days after the date of delivery of the information provided 
in accordance with paragraph (1). 
(d) CONSTRUCTION.—Nothing in this section shall be construed 
to prohibit a contractor from submitting comments, rebuttals, or 
additional information pertaining to past performance after the 
period described in subsection (c)(2) has elapsed or to prohibit 
a contractor from challenging a past performance evaluation in 
accordance with applicable laws, regulations, or procedures. 
(e) COMPTROLLER GENERAL REPORT.—Not later than 18 months 
after the date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the appropriate committees 
of Congress a report on the actions taken by the Federal Acquisition 
Regulatory Council pursuant to this section, including an assess-
ment of the following: 
(1) The extent to which the strategy required by subsection 
(a) is consistent with the strategy developed by the Under 
Secretary of Defense for Acquisition, Technology, and Logistics 
as described in subsection (a)(2). 
(2) The extent to which the actions of the Federal Acquisi-
tion Regulatory Council pursuant to this section have otherwise 
achieved the objectives of this section. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Relations, the Committee on Homeland Security 
and Governmental Affairs, and the Committee on Appro-
priations of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Affairs, the Committee on Oversight and 
Government Reform, and the Committee on Appropriations 
of the House of Representatives. 
(2) The term ‘‘executive agency’’ has the meaning given 
that term in section 133 of title 41, United States Code, except 
that the term excludes the Department of Defense and the 
military departments. 
(3) The term ‘‘Federal Acquisition Regulatory Council’’ 
means the Federal Acquisition Regulatory Council under sec-
tion 1302(a) of title 41, United States Code. 
Subtitle E—Other Matters 
SEC. 861. REQUIREMENTS AND LIMITATIONS FOR SUSPENSION AND 
DEBARMENT 
OFFICIALS 
OF 
THE 
DEPARTMENT 
OF 
DEFENSE, THE DEPARTMENT OF STATE, AND THE UNITED 
STATES AGENCY FOR INTERNATIONAL DEVELOPMENT. 
(a) REQUIREMENTS.—Not later than 180 days after the date 
of the enactment of this Act, the head of the covered agency con-
cerned shall ensure the following: 
(1) There shall be not less than one suspension and debar-
ment official— 
Deadline. 
31 USC 6101 
note. 
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126 STAT. 1858 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) in the case of the Department of Defense, for each 
of the Department of the Army, the Department of the 
Navy, the Department of the Air Force, and the Defense 
Logistics Agency; 
(B) for the Department of State; and 
(C) for the United States Agency for International 
Development. 
(2) A suspension and debarment official under paragraph 
(1) may not report to or be subject to the supervision of the 
acquisition office or the Inspector General— 
(A) in the case of the Department of Defense, of either 
the Department of Defense or the military department 
or Defense Agency concerned; and 
(B) in the case of the Department of State and the 
United States Agency for International Development, of 
the covered agency concerned. 
(3) Each suspension and debarment official under para-
graph (1) shall have a staff and resources adequate for the 
discharge of the suspension and debarment responsibilities of 
such official. 
(4) Each suspension and debarment official under para-
graph (1) shall document the basis for any final decision taken 
pursuant to a formal referral in accordance with the policies 
established under paragraph (5). 
(5) Each suspension and debarment official under para-
graph (1) shall, in consultation with the General Counsel of 
the covered agency, establish in writing policies for the consider-
ation of the following: 
(A) Formal referrals of suspension and debarment mat-
ters. 
(B) Suspension and debarment matters that are not 
formally referred. 
(b) DUTIES OF INTERAGENCY COMMITTEE ON DEBARMENT AND 
SUSPENSION.—Section 873 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (31 U.S.C. 6101 note) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, including with 
respect to contracts in connection with contingency oper-
ations’’ before the semicolon; and 
(B) in paragraph (7)— 
(i) in subparagraph (B), by striking ‘‘and’’ at the 
end; 
(ii) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following new 
subparagraph: 
‘‘(D) a summary of suspensions, debarments, and 
administrative agreements during the previous year.’’; and 
(2) by striking subsection (b) and inserting the following 
new subsections: 
‘‘(b) DATE OF SUBMITTAL OF ANNUAL REPORTS.—The annual 
report required by subsection (a)(7) shall be submitted not later 
than January 31 of each year, beginning with January 31, 2014. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘contingency operation’ has the meaning given 
that term in section 101(a)(13) of title 10, United States Code. 
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126 STAT. 1859 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) The term ‘Interagency Committee on Debarment and 
Suspension’ means the committee constituted under sections 
4 and 5 of Executive Order No. 12549.’’. 
(c) COVERED AGENCY.—In this section, the term ‘‘covered 
agency’’ means the Department of Defense, the Department of State, 
and the United States Agency for International Development. 
SEC. 862. UNIFORM CONTRACT WRITING SYSTEM REQUIREMENTS. 
(a) UNIFORM STANDARDS AND CONTROLS REQUIRED.—Not later 
than 180 days after the date of the enactment of this Act, the 
officials specified in subsection (b) shall— 
(1) establish uniform data standards, internal control 
requirements, independent verification and validation require-
ments, and business process rules for processing procurement 
requests, contracts, receipts, and invoices by the Department 
of Defense or other executive agencies, as applicable; 
(2) establish and maintain one or more approved electronic 
contract writing systems that conform with the standards, 
requirements, and rules established pursuant to paragraph (1); 
and 
(3) require the use of electronic contract writing systems 
approved in accordance with paragraph (2) for all contracts 
entered into by the Department of Defense or other executive 
agencies, as applicable. 
(b) COVERED OFFICIALS.—The officials specified in this sub-
section are the following: 
(1) The Secretary of Defense, with respect to the Depart-
ment of Defense and the military departments. 
(2) The Administrator for Federal Procurement Policy, with 
respect to the executive agencies other than the Department 
of Defense and the military departments. 
(c) ELECTRONIC WRITING SYSTEMS FOR DEPARTMENT OF STATE 
AND USAID.—Notwithstanding subsection (b)(2), the Secretary of 
State and the Administrator of the United States Agency for Inter-
national Development may meet the requirements of subsection 
(a)(2) with respect to approved electronic contract writing systems 
for the Department of State and the United States Agency for 
International Development, respectively, if the Secretary and the 
Administrator, as the case may be, demonstrate to the Adminis-
trator for Federal Procurement Policy that prior investment of 
resources in existing contract writing systems will result in the 
most cost effective and efficient means to satisfy such requirements. 
(d) PHASE-IN
OF
IMPLEMENTATION
OF
REQUIREMENT
FOR 
APPROVED SYSTEMS.—The officials specified in subsection (b) may 
phase in the implementation of the requirement to use approved 
electronic contract writing systems in accordance with subsection 
(a)(3) over a period of up to five years beginning with the date 
of the enactment of this Act. 
(e) REPORTS.—Not later than 180 days after the date of the 
enactment of this Act, the officials specified in subsection (b) shall 
each submit to the appropriate committees of Congress a report 
on the implementation of the requirements of this section. Each 
report shall, at a minimum— 
(1) describe the standards, requirements, and rules estab-
lished pursuant to subsection (a)(1); 
(2) identify the electronic contract writing systems 
approved pursuant to subsection (a)(2) and, if multiple systems 
Time period. 
Effective date. 
41 USC 
prec. 3101 note. 
Deadline. 
Definition. 
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126 STAT. 1860 
PUBLIC LAW 112–239—JAN. 2, 2013 
are approved, explain why the use of such multiple systems 
is the most efficient and effective approach to meet the contract 
writing needs of the Federal Government; and 
(3) provide the schedule for phasing in the use of approved 
electronic contract writing systems in accordance with sub-
sections (a)(3) and (d). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Relations, the Committee on Homeland Security 
and Governmental Affairs, and the Committee on Appro-
priations of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Affairs, the Committee on Oversight and 
Government Reform, and the Committee on Appropriations 
of the House of Representatives. 
(2) The term ‘‘executive agency’’ has the meaning given 
that term in section 133 of title 41, United States Code. 
SEC. 863. EXTENSION OF OTHER TRANSACTION AUTHORITY. 
Section 845(i) of the National Defense Authorization Act for 
Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking 
‘‘September 30, 2013’’ and inserting ‘‘September 30, 2018’’. 
SEC. 864. REPORT ON ALLOWABLE COSTS OF COMPENSATION OF CON-
TRACTOR EMPLOYEES. 
(a) REPORT REQUIRED.—Not later than 120 days after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report on the effect of reducing 
the allowable costs of contractor compensation of employees to 
the amount payable to the President under section 102 of title 
3, United States Code, or to the amount payable to the Vice Presi-
dent under section 104 of such title. 
(b) MATTERS COVERED.—The report shall include, at a min-
imum, the following: 
(1) An estimate of the total number of contractor employees 
whose allowable costs of compensation in each of fiscal years 
2010, 2011, and 2012 would have exceeded the amount of 
allowable costs under section 2324(e)(1)(P) of title 10, United 
States Code. 
(2) An estimate of the total number of contractor employees 
whose allowable costs of compensation in each of fiscal years 
2010, 2011, and 2012 exceeded the amount payable to the 
President under section 102 of title 3, United States Code. 
(3) An estimate of the total number of contractor employees 
whose allowable costs of compensation in fiscal year 2012 
exceeded the amount payable to the Vice President under sec-
tion 104 of title 3, United States Code. 
(4) An estimate of the total number of contractor employees 
in fiscal year 2012 that could have been characterized as falling 
within a narrowly targeted exception established by the Sec-
retary of Defense under section 2324(e)(1)(P) of title 10, United 
States Code, as a result of the amendment made by section 
803(a)(2) of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1485). 
(5) A description of the duties and services performed in 
fiscal year 2012 by employees who were characterized by their 
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126 STAT. 1861 
PUBLIC LAW 112–239—JAN. 2, 2013 
employers as falling within a narrowly targeted exception 
described in paragraph (4). 
(6) An assessment of whether the compensation amounts 
provided in fiscal year 2012 to employees who were character-
ized by their employers as falling within a narrowly targeted 
exception described in paragraph (4) were provided in a manner 
consistent with private sector practice. 
(7) An assessment of the extent to which contractor 
employees received compensation in the form of vested or 
unvested stock options. 
(8) An assessment of the potential impact on the Depart-
ment of Defense, contractors of the Department of Defense, 
and employees of such contractors of adjusting the amount 
of allowable costs of contractor compensation to the amount 
specified in paragraph (2) or the amount specified in paragraph 
(3). 
(9) Such recommendations as the Comptroller General con-
siders appropriate. 
SEC. 865. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS. 
(a) IN GENERAL.—Not later than 90 days after the end of 
each of fiscal years 2013 through 2016, the Secretary of Defense 
shall submit to the appropriate committees of Congress a report 
on any actions described in subsection (b) which occurred during 
the preceding fiscal years. 
(b) ACTIONS DESCRIBED.— 
(1) IN GENERAL.—An action described in this subsection 
is the Secretary of Defense— 
(A) entering into a contract that includes an indem-
nification provision relating to bodily injury caused by neg-
ligence or relating to wrongful death; or 
(B) modifying an existing contract to include a provi-
sion described in subparagraph (A) in a contract. 
(2) EXCLUDED CONTRACTS.—Paragraph (1) shall not apply 
to any contract awarded in accordance with— 
(A) section 2354 of title 10, United States Code; or 
(B) the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.). 
(c) MATTERS INCLUDED.—For each action covered in a report 
under subsection (a), the report shall include— 
(1) the name of the contractor; 
(2) a description of the indemnification provision included 
in the contract; and 
(3) a justification for the contract including the indemnifica-
tion provision. 
(d) FORM.—Each report under subsection (a) shall be submitted 
in unclassified form, but may include a classified annex. 
(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Armed Services, the Committee on 
the Budget, and the Committee on Appropriations of the Senate; 
and 
(2) the Committee on Armed Services, the Committee on 
the Budget, and the Committee on Appropriations of the House 
of Representatives. 
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126 STAT. 1862 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 866. PLAN TO INCREASE NUMBER OF CONTRACTORS ELIGIBLE 
FOR CONTRACTS UNDER AIR FORCE NETCENTS-2 CON-
TRACT. 
(a) PLAN REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a plan to increase the 
number of contractors eligible to be awarded contracts under the 
Air Force’s Network-Centric Solutions-2 (NETCENTS-2) indefinite- 
delivery, indefinite-quantity (IDIQ) contract. 
(b) CONTENT.—The plan required under subsection (a) shall 
include the following elements: 
(1) A recommendation and rationale for a maximum 
number of contractors to be eligible for contract awards under 
NETCENTS-2 to foster competition and reduce overall costs 
associated with hardware and operation and maintenance of 
Air Networks. 
(2) The methodology used to periodically review existing 
eligible NETCENTS-2 contractors and contracts. 
(3) A timeline to increase the current number of eligible 
contractors under NETCENTS-2 and dates of future ‘‘on-ramps’’ 
under NETCENTS-2 to assess current eligible contractors and 
add additional eligible contractors. 
SEC. 867. INCLUSION OF INFORMATION ON PREVALENT GROUNDS FOR 
SUSTAINING BID PROTESTS IN ANNUAL PROTEST REPORT 
BY COMPTROLLER GENERAL TO CONGRESS. 
Section 3554(e)(2) of title 31, United States Code, is amended 
by adding at the end the following: ‘‘The report shall also include 
a summary of the most prevalent grounds for sustaining protests 
during such preceding year.’’. 
TITLE IX—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Additional duties of Deputy Assistant Secretary of Defense for Manufac-
turing and Industrial Base Policy and amendments to Strategic Mate-
rials Protection Board. 
Sec. 902. Requirement for focus on urgent operational needs and rapid acquisition. 
Sec. 903. Designation of Department of Defense senior official for enterprise re-
source planning system data conversion. 
Sec. 904. Additional responsibilities and resources for Deputy Assistant Secretary 
of Defense for Developmental Test and Evaluation. 
Sec. 905. Definition and report on terms ‘‘preparation of the environment’’ and 
‘‘operational preparation of the environment’’ for joint doctrine purposes. 
Sec. 906. Information for Deputy Chief Management Officer of the Department of 
Defense from the military departments and Defense Agencies for de-
fense business system investment reviews. 
Subtitle B—Space Activities 
Sec. 911. Reports on integration of acquisition and capability delivery schedules for 
segments of major satellite acquisition programs and funding for such 
programs. 
Sec. 912. Commercial space launch cooperation. 
Sec. 913. Limitation on international agreements concerning outer space activities. 
Sec. 914. Operationally Responsive Space Program Office. 
Sec. 915. Report on overhead persistent infrared technology. 
Sec. 916. Assessment of foreign components and the space launch capability of the 
United States. 
Sec. 917. Report on counter space technology. 
Deadline. 
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126 STAT. 1863 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle C—Intelligence-Related Activities 
Sec. 921. Authority to provide geospatial intelligence support to certain security al-
liances and regional organizations. 
Sec. 922. Technical amendments to reflect change in name of National Defense In-
telligence College to National Intelligence University. 
Sec. 923. Review of Army Distributed Common Ground System. 
Sec. 924. Electro-optical imagery. 
Sec. 925. Defense Clandestine Service. 
Subtitle D—Cyberspace-Related Matters 
Sec. 931. Implementation strategy for Joint Information Environment. 
Sec. 932. Next-generation host-based cyber security system for the Department of 
Defense. 
Sec. 933. Improvements in assurance of computer software procured by the Depart-
ment of Defense. 
Sec. 934. Competition in connection with Department of Defense tactical data link 
systems. 
Sec. 935. Collection and analysis of network flow data. 
Sec. 936. Competition for large-scale software database and data analysis tools. 
Sec. 937. Software licenses of the Department of Defense. 
Sec. 938. Sense of Congress on potential security risks to Department of Defense 
networks. 
Sec. 939. Quarterly cyber operations briefings. 
Sec. 940. Sense of Congress on the United States Cyber Command. 
Sec. 941. Reports to Department of Defense on penetrations of networks and infor-
mation systems of certain contractors. 
Subtitle E—Other Matters 
Sec. 951. Advice on military requirements by Chairman of Joint Chiefs of Staff and 
Joint Requirements Oversight Council. 
Sec. 952. Enhancement of responsibilities of the Chairman of the Joint Chiefs of 
Staff regarding the national military strategy. 
Sec. 953. One-year extension of authority to waive reimbursement of costs of activi-
ties for nongovernmental personnel at Department of Defense regional 
centers for security studies. 
Sec. 954. National Language Service Corps. 
Sec. 955. Savings to be achieved in civilian personnel workforce and service con-
tractor workforce of the Department of Defense. 
Sec. 956. Expansion of persons eligible for expedited Federal hiring following com-
pletion of National Security Education Program scholarship. 
Subtitle A—Department of Defense 
Management 
SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SECRETARY 
OF DEFENSE FOR MANUFACTURING AND INDUSTRIAL 
BASE POLICY AND AMENDMENTS TO STRATEGIC MATE-
RIALS PROTECTION BOARD. 
(a) RESPONSIBILITIES OF DEPUTY ASSISTANT SECRETARY.—Sec-
tion 139c(b) of title 10, United States Code, is amended— 
(1) by striking paragraphs (1) through (4) and inserting 
the following: 
‘‘(1) Providing input to strategy reviews, including quadren-
nial defense reviews conducted pursuant to section 118 of this 
title, on matters related to— 
‘‘(A) the defense industrial base; and 
‘‘(B) materials critical to national security. 
‘‘(2) Establishing policies of the Department of Defense 
for developing and maintaining the defense industrial base 
of the United States and ensuring a secure supply of materials 
critical to national security. 
‘‘(3) Providing recommendations on budget matters per-
taining to the industrial base, the supply chain, and the 
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126 STAT. 1864 
PUBLIC LAW 112–239—JAN. 2, 2013 
development and retention of skills necessary to support the 
industrial base. 
‘‘(4) Providing recommendations and acquisition policy 
guidance on supply chain management and supply chain vulner-
ability throughout the entire supply chain, from suppliers of 
raw materials to producers of major end items.’’; 
(2) by striking paragraph (5) and redesignating paragraphs 
(6), (7), (8), (9), and (10) as paragraphs (5), (6), (7), (8), and 
(9), respectively; 
(3) by inserting after paragraph (9), as so redesignated, 
the following new paragraph (10): 
‘‘(10) Providing policy and oversight of matters related to 
materials critical to national security to ensure a secure supply 
of such materials to the Department of Defense.’’; 
(4) by redesignating paragraph (15) as paragraph (18); 
and 
(5) by inserting after paragraph (14) the following new 
paragraphs: 
‘‘(15) Coordinating with the Director of Small Business 
Programs on all matters related to industrial base policy of 
the Department of Defense. 
‘‘(16) Ensuring reliable sources of materials critical to 
national security, such as specialty metals, armor plate, and 
rare earth elements. 
‘‘(17) Establishing policies of the Department of Defense 
for continued reliable resource availability from secure sources 
for the industrial base of the United States.’’. 
(b) MATERIALS CRITICAL TO NATIONAL SECURITY DEFINED.— 
Section 139c of such title is further amended by adding at the 
end the following new subsection: 
‘‘(d) MATERIALS CRITICAL TO NATIONAL SECURITY DEFINED.— 
In this section, the term ‘materials critical to national security’ 
has the meaning given that term in section 187(e)(1) of this title.’’. 
(c) AMENDMENTS
TO
STRATEGIC
MATERIALS
PROTECTION 
BOARD.— 
(1) MEMBERSHIP.—Paragraph (2) of section 187(a) of such 
title is amended to read as follows: 
‘‘(2) The Board shall be composed of the following: 
‘‘(A) The Deputy Assistant Secretary of Defense for Manu-
facturing and Industrial Base Policy, who shall be the chairman 
of the Board. 
‘‘(B) The Administrator of the Defense Logistics Agency 
Strategic Materials, or any successor organization, who shall 
be the vice chairman of the Board. 
‘‘(C) A designee of the Assistant Secretary of the Army 
for Acquisition, Logistics, and Technology. 
‘‘(D) A designee of the Assistant Secretary of the Navy 
for Research, Development, and Acquisition. 
‘‘(E) A designee of the Assistant Secretary of the Air Force 
for Acquisition.’’. 
(2) DUTIES.—Paragraphs (3) and (4) of section 187(b) of 
such title are each amended by striking ‘‘President’’ and 
inserting ‘‘Secretary’’. 
(3) MEETINGS.—Section 187(c) of such title is amended 
by striking ‘‘Secretary of Defense’’ and inserting ‘‘Deputy Assist-
ant Secretary of Defense for Manufacturing and Industrial Base 
Policy’’. 
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126 STAT. 1865 
PUBLIC LAW 112–239—JAN. 2, 2013 
(4) REPORTS.—Section 187(d) of such title is amended to 
read as follows: 
‘‘(d) REPORTS.—(1) Subject to paragraph (2), after each meeting 
of the Board, the Board shall prepare a report containing the 
results of the meeting and such recommendations as the Board 
determines appropriate. Each such report shall be submitted to 
the congressional defense committees, together with comments and 
recommendations from the Secretary of Defense, not later than 
90 days after the meeting covered by the report. 
‘‘(2) In any year in which the Board meets more than once, 
each report prepared by the Board as required by paragraph (1) 
may be combined into one annual report and submitted as provided 
by paragraph (1) not later than 90 days after the last meeting 
of the year.’’. 
SEC. 902. REQUIREMENT FOR FOCUS ON URGENT OPERATIONAL 
NEEDS AND RAPID ACQUISITION. 
(a) DESIGNATION OF SENIOR OFFICIAL RESPONSIBLE FOR FOCUS 
ON URGENT OPERATIONAL NEEDS AND RAPID ACQUISITION.— 
(1) IN GENERAL.—The Secretary of Defense, after consulta-
tion with the Secretaries of the military departments, shall 
designate a senior official in the Office of the Secretary of 
Defense as the principal official of the Department of Defense 
responsible for leading the Department’s actions on urgent 
operational needs and rapid acquisition, in accordance with 
this section. 
(2) STAFF AND RESOURCES.—The Secretary shall assign to 
the senior official designated under paragraph (1) appropriate 
staff and resources necessary to carry out the official’s functions 
under this section. 
(b) RESPONSIBILITIES.—The senior official designated under sub-
section (a) shall be responsible for the following: 
(1) Acting as an advocate within the Department of Defense 
for issues related to the Department’s ability to rapidly respond 
to urgent operational needs, including programs funded and 
carried out by the military departments. 
(2) Improving visibility of urgent operational needs 
throughout the Department, including across the military 
departments, the Defense Agencies, and all other entities and 
processes in the Department that address urgent operational 
needs. 
(3) Ensuring that tools and mechanisms are used to track, 
monitor, and manage the status of urgent operational needs 
within the Department, from validation through procurement 
and fielding, including a formal feedback mechanism for the 
Armed Forces to provide information on how well fielded solu-
tions are meeting urgent operational needs. 
(c) URGENT OPERATIONAL NEEDS DEFINED.—In this section, 
the term ‘‘urgent operational needs’’ means capabilities that are 
determined by the Secretary of Defense, pursuant to the review 
process required by section 804(b) of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2302 
note), to be suitable for rapid fielding in response to urgent oper-
ational needs. 
10 USC 2302 
note. 
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126 STAT. 1866 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 903. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFI-
CIAL FOR ENTERPRISE RESOURCE PLANNING SYSTEM 
DATA CONVERSION. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall— 
(1) designate a senior official of the Department of Defense 
as the official with principal responsibility for coordination 
and management oversight of data conversion for all enterprise 
resource planning systems of the Department; and 
(2) set forth the responsibilities of that senior official with 
respect to such data conversion. 
SEC. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES FOR 
DEPUTY 
ASSISTANT 
SECRETARY 
OF 
DEFENSE 
FOR 
DEVELOPMENTAL TEST AND EVALUATION. 
(a) DIRECT COMMUNICATION.—Section 139b(a)(3) of title 10, 
United States Code, is amended by striking ‘‘to the Under Secretary’’ 
before the period and inserting ‘‘to the Under Secretary. The Deputy 
Assistant Secretary may communicate views on matters within 
the responsibility of the Deputy Assistant Secretary directly to 
the Under Secretary without obtaining the approval or concurrence 
of any other official within the Department of Defense’’. 
(b) DUTIES.—Section 139b(a)(5) of such title is amended— 
(1) in subparagraph (A)(i), by striking ‘‘in the Department 
of Defense’’ and inserting ‘‘in the military departments and 
other elements of the Department of Defense’’; 
(2) in subparagraph (B), by striking ‘‘review and approve’’ 
and inserting ‘‘review and approve or disapprove’’; 
(3) in subparagraph (C), by striking ‘‘programs’’ and 
inserting ‘‘programs (including the activities of chief develop-
mental testers and lead developmental test evaluation organiza-
tions designated in accordance with subsection (c))’’; 
(4) in subparagraph (E), by striking ‘‘and’’ after the semi-
colon at the end; and 
(5) by redesignating subparagraph (F) as subparagraph 
(G) and by inserting after subparagraph (E) the following new 
subparagraph (F): 
‘‘(F) in consultation with the Assistant Secretary of 
Defense for Research and Engineering, assess the techno-
logical maturity and integration risk of critical technologies 
at key stages in the acquisition process; and’’. 
(c) CONCURRENT SERVICE.—Section 139b(a)(7) of such title is 
amended by striking ‘‘may’’ and inserting ‘‘shall’’. 
(d) RESOURCES.—Section 139b(a) of such title is amended by 
adding at the end the following new paragraph: 
‘‘(8) RESOURCES.— 
‘‘(A) The President shall include in the budget trans-
mitted to Congress, pursuant to section 1105 of title 31, 
for each fiscal year, a separate statement of estimated 
expenditures and proposed appropriations for the fiscal 
year for the activities of the Deputy Assistant Secretary 
of Defense for Developmental Test and Evaluation in car-
rying out the duties and responsibilities of the Deputy 
Assistant Secretary under this section. 
‘‘(B) The Deputy Assistant Secretary of Defense for 
Developmental Test and Evaluation shall have sufficient 
professional staff of military and civilian personnel to 
President. 
Deadline. 
10 USC 113 note. 
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126 STAT. 1867 
PUBLIC LAW 112–239—JAN. 2, 2013 
enable the Deputy Assistant Secretary to carry out the 
duties and responsibilities prescribed by law.’’. 
(e) CONSULTATIONS RELATING TO TECHNOLOGICAL READINESS.— 
(1) 
CONSULTATION
ON
REPORT
ON
CRITICAL
TECH-
NOLOGIES.—Section 138b(b)(2) of such title is amended by 
striking ‘‘The Assistant Secretary shall submit’’ and inserting 
‘‘The Assistant Secretary, in consultation with the Deputy 
Assistant Secretary of Defense for Developmental Test and 
Evaluation, shall submit’’. 
(2) CONSULTATION
DURING
CERTIFICATION
PROCESS
FOR 
MAJOR
DEFENSE
ACQUISITION
PROGRAMS.—Section 
2366b(a)(3)(D) of such title is amended by striking ‘‘the Assist-
ant Secretary of Defense for Research and Engineering’’ and 
inserting ‘‘the Assistant Secretary of Defense for Research and 
Engineering, in consultation with the Deputy Assistant Sec-
retary of Defense for Developmental Test and Evaluation’’. 
(f) DUTIES
OF
CHIEF
DEVELOPMENTAL
TESTER
AND
LEAD 
DEVELOPMENTAL TEST
AND EVALUATION ORGANIZATION.—Section 
139b(c) of such title is amended— 
(1) in paragraph (2), by striking ‘‘shall be responsible for’’ 
and inserting ‘‘, consistent with policies and guidance issued 
pursuant to subsection (a)(5)(A), shall be responsible for’’; 
(2) in paragraph (3), by striking ‘‘shall be responsible for’’ 
and inserting ‘‘, consistent with policies and guidance issued 
pursuant to subsection (a)(5)(A), shall be responsible for’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(4) TRANSMITTAL
OF
RECORDS
AND
DATA.—The chief 
developmental tester and the lead developmental test and 
evaluation organization for a major defense acquisition program 
shall promptly transmit to the Deputy Assistant Secretary of 
Defense for Developmental Test and Evaluation any records 
or data relating to the program that are requested by the 
Deputy Assistant Secretary, as provided in subsection (a)(6).’’. 
(g) ANNUAL REPORT.—Section 139b(d) of such title is amended— 
(1) in the subsection heading, by striking ‘‘JOINT’’; 
(2) by redesignating paragraphs (1), (2), (3), and (4) as 
subparagraphs (A), (B), (C), and (D), respectively, and moving 
each subparagraph (as so redesignated) two ems to the right; 
(3) by striking ‘‘Not later than March 31’’ and inserting: 
‘‘(1) IN GENERAL.—Not later than March 31’’; 
(4) in the matter appearing before subparagraph (A), as 
so redesignated, by striking ‘‘jointly’’ and inserting ‘‘each’’; and 
(5) by adding at the end the following new paragraph: 
‘‘(2) ADDITIONAL
REQUIREMENTS
FOR
REPORT
BY
DEPUTY 
ASSISTANT SECRETARY OF DEFENSE FOR DEVELOPMENTAL TEST 
AND EVALUATION.—With respect to the report required under 
paragraph (1) by the Deputy Assistant Secretary of Defense 
for Developmental Test and Evaluation, the report shall 
include— 
‘‘(A) a separate section that covers the activities of 
the Department of Defense Test Resource Management 
Center (established under section 196 of this title) during 
the preceding year; and 
‘‘(B) a separate section that addresses the adequacy 
of the resources available to the Deputy Assistant Secretary 
of Defense for Developmental Test and Evaluation and 
to the lead developmental test and evaluation organizations 
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126 STAT. 1868 
PUBLIC LAW 112–239—JAN. 2, 2013 
of the military departments to carry out the responsibilities 
prescribed by this section.’’. 
(h) REPORTS TO CONGRESS ON FAILURE TO COMPLY WITH REC-
OMMENDATIONS.— 
(1) REPORT REQUIRED.—Not later than 60 days after the 
end of each fiscal year, from fiscal year 2013 through fiscal 
year 2018, the Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall submit to the congressional 
defense committees a report on each case in which a major 
defense acquisition program, in the preceding fiscal year— 
(A) proceeded to implement a test and evaluation 
master plan notwithstanding a decision of the Deputy 
Assistant Secretary of Defense for Developmental Test and 
Evaluation to disapprove the developmental test and 
evaluation plan within that plan in accordance with section 
139b(a)(5)(B) of title 10, United States Code; or 
(B) proceeded to initial operational testing and evalua-
tion notwithstanding a determination by the Deputy Assist-
ant Secretary of Defense for Developmental Test and 
Evaluation on the basis of an assessment of operational 
test readiness that the program is not ready for operational 
testing. 
(2) MATTERS COVERED.— 
(A) For each program covered by paragraph (1)(A), 
the report shall include the following: 
(i) A description of the specific aspects of the 
developmental test and evaluation plan that the 
Deputy Assistant Secretary determined to be inad-
equate. 
(ii) An explanation of the reasons why the program 
disregarded the Deputy Assistant Secretary’s rec-
ommendations with regard to those aspects of the 
developmental test and evaluation plan. 
(iii) The steps taken to address those aspects of 
the developmental test and evaluation plan and 
address the concerns of the Deputy Assistant Sec-
retary. 
(B) For each program covered by paragraph (1)(B), 
the report shall include the following: 
(i) An explanation of the reasons why the program 
proceeded to initial operational testing and evaluation 
notwithstanding the findings of the assessment of oper-
ational test readiness. 
(ii) A description of the aspects of the approved 
testing and evaluation master plan that had to be 
set aside to enable the program to proceed to initial 
operational testing and evaluation. 
(iii) A description of how the program addressed 
the specific areas of concern raised in the assessment 
of operational test readiness. 
(iv) A statement of whether initial operational 
testing and evaluation identified any significant short-
comings in the program. 
(3) ADDITIONAL CONGRESSIONAL NOTIFICATION.—Not later 
than 30 days after any decision to conduct developmental 
testing on a major defense acquisition program without an 
approved test and evaluation master plan in place, the Under 
10 USC 133 note. 
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126 STAT. 1869 
PUBLIC LAW 112–239—JAN. 2, 2013 
Secretary of Defense for Acquisition, Technology, and Logistics 
shall provide to the congressional defense committees a written 
explanation of the basis for the decision and a timeline for 
getting an approved plan in place. 
SEC. 905. DEFINITION AND REPORT ON TERMS ‘‘PREPARATION OF THE 
ENVIRONMENT’’ AND ‘‘OPERATIONAL PREPARATION OF 
THE ENVIRONMENT’’ FOR JOINT DOCTRINE PURPOSES. 
(a) DEFINITIONS REQUIRED.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
define for purposes of joint doctrine the following terms: 
(1) The term ‘‘preparation of the environment’’. 
(2) The term ‘‘operational preparation of the environment’’. 
(b) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to 
the Committees on Armed Services of the Senate and the 
House of Representatives a report on the terms defined under 
subsection (a). The report shall include the following: 
(A) The definition of the term ‘‘preparation of the 
environment’’ pursuant to subsection (a). 
(B) Examples of activities meeting the definition of 
the term ‘‘preparation of the environment’’ by special oper-
ations forces and general purpose forces. 
(C) The definition of the term ‘‘operational preparation 
of the environment’’ pursuant to subsection (a). 
(D) Examples of activities meeting the definition of 
the term ‘‘operational preparation of the environment’’ by 
special operations forces and general purpose forces. 
(E) An assessment of the appropriate roles of special 
operations forces and general purpose forces in conducting 
activities meeting the definition of the term ‘‘preparation 
of the environment’’ and the definition of the term ‘‘oper-
ational preparation of the environment’’. 
(2) FORM.—The report required by paragraph (1) shall be 
submitted in unclassified form, but may include a classified 
annex. 
SEC. 906. INFORMATION FOR DEPUTY CHIEF MANAGEMENT OFFICER 
OF THE DEPARTMENT OF DEFENSE FROM THE MILITARY 
DEPARTMENTS AND DEFENSE AGENCIES FOR DEFENSE 
BUSINESS SYSTEM INVESTMENT REVIEWS. 
Section 2222(g) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(3)(A) The investment management process required by para-
graph (1) shall include requirements for the military departments 
and the Defense Agencies to make available to the Deputy Chief 
Management Officer such information on covered defense business 
system programs and other business functions as the Deputy Chief 
Management Officer shall require for the review of defense business 
system programs under the process. Such information shall be 
made available to the Deputy Chief Management Officer through 
existing data sources or in a standardized format established by 
the Deputy Chief Management Officer for purposes of this para-
graph.’’. 
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126 STAT. 1870 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle B—Space Activities 
SEC. 911. REPORTS ON INTEGRATION OF ACQUISITION AND CAPA-
BILITY DELIVERY SCHEDULES FOR SEGMENTS OF MAJOR 
SATELLITE ACQUISITION PROGRAMS AND FUNDING FOR 
SUCH PROGRAMS. 
(a) IN GENERAL.—Chapter 135 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 2275. Reports on integration of acquisition and capability 
delivery schedules for segments of major satellite 
acquisition programs and funding for such pro-
grams 
‘‘(a) REPORTS REQUIRED.—The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall submit to the congres-
sional defense committees a report on each major satellite acquisi-
tion program in accordance with subsection (d) that assesses— 
‘‘(1) the integration of the schedules for the acquisition 
and the delivery of the capabilities of the segments for the 
program; and 
‘‘(2) funding for the program. 
‘‘(b) ELEMENTS.—Each report required by subsection (a) with 
respect to a major satellite acquisition program shall include the 
following: 
‘‘(1) The amount of funding approved for the program and 
for each segment of the program that is necessary for full 
operational capability of the program. 
‘‘(2) The dates by which the program and each segment 
of the program is anticipated to reach initial and full oper-
ational capability. 
‘‘(3) A description of the intended primary capabilities and 
key performance parameters of the program. 
‘‘(4) An assessment of the extent to which the schedules 
for the acquisition and the delivery of the capabilities of the 
segments for the program or any related program referred 
to in paragraph (1) are integrated. 
‘‘(5) If the Under Secretary determines pursuant to the 
assessment under paragraph (4) that the program is a non- 
integrated program, an identification of— 
‘‘(A) the impact on the mission of the program of having 
the delivery of the segment capabilities of the program 
more than one year apart; 
‘‘(B) the measures the Under Secretary is taking or 
is planning to take to improve the integration of the 
acquisition and delivery schedules of the segment capabili-
ties; and 
‘‘(C) the risks and challenges that impede the ability 
of the Department of Defense to fully integrate those sched-
ules. 
‘‘(c) CONSIDERATION BY MILESTONE DECISION AUTHORITY.—The 
Milestone Decision Authority shall include the report required by 
subsection (a) with respect to a major satellite acquisition program 
as part of the documentation used to approve the acquisition of 
the program. 
‘‘(d) SUBMITTAL OF REPORTS.—(1) In the case of a major satellite 
acquisition program initiated before the date of the enactment 
10 USC 2275. 
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126 STAT. 1871 
PUBLIC LAW 112–239—JAN. 2, 2013 
of the National Defense Authorization Act for Fiscal Year 2013, 
the Under Secretary shall submit the report required by subsection 
(a) with respect to the program not later than one year after 
such date of enactment. 
‘‘(2) In the case of a major satellite acquisition program initiated 
on or after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2013, the Under Secretary shall 
submit the report required by subsection (a) with respect to the 
program at the time of the Milestone B approval of the program. 
‘‘(e) NOTIFICATION TO CONGRESS OF NON-INTEGRATED ACQUISI-
TION AND CAPABILITY DELIVERY SCHEDULES.—If, after submitting 
the report required by subsection (a) with respect to a major satellite 
acquisition program, the Under Secretary determines that the pro-
gram is a non-integrated program, the Under Secretary shall, not 
later than 30 days after making that determination, submit to 
the congressional defense committees a report— 
‘‘(1) notifying the committees of that determination; and 
‘‘(2) identifying— 
‘‘(A) the impact on the mission of the program of having 
the delivery of the segment capabilities of the program 
more than one year apart; 
‘‘(B) the measures the Under Secretary is taking or 
is planning to take to improve the integration of the 
acquisition and delivery schedules of the segment capabili-
ties; and 
‘‘(C) the risks and challenges that impede the ability 
of the Department of Defense to fully integrate those sched-
ules. 
‘‘(f) ANNUAL UPDATES FOR NON-INTEGRATED PROGRAMS.— 
‘‘(1) REQUIREMENT.—For each major satellite acquisition 
program that the Under Secretary has determined under sub-
section (b)(5) or subsection (e) is a non-integrated program, 
the Under Secretary shall annually submit to Congress, at 
the same time the budget of the President for a fiscal year 
is submitted under section 1105 of title 31, an update to the 
report required by subsection (a) for such program. 
‘‘(2) TERMINATION OF REQUIREMENT.—The requirement to 
submit an annual report update for a program under paragraph 
(1) shall terminate on the date on which the Under Secretary 
submits to the congressional defense committees notice that 
the Under Secretary has determined that such program is 
no longer a non-integrated program, or on the date that is 
five years after the date on which the initial report update 
required under paragraph (1) is submitted, whichever is earlier. 
‘‘(3) GAO 
REVIEW
OF
CERTAIN
NON-INTEGRATED
PRO-
GRAMS.—If at the time of the termination of the requirement 
to annually update a report for a program under paragraph 
(1) the Under Secretary has not provided notice to the congres-
sional defense committees that the Under Secretary has deter-
mined that the program is no longer a non-integrated program, 
the Comptroller General shall conduct a review of such program 
and submit the results of such review to the congressional 
defense committees. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) SEGMENTS.—The term ‘segments’, with respect to a 
major satellite acquisition program, refers to any satellites 
acquired under the program and the ground equipment and 
Notification. 
Determination. 
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126 STAT. 1872 
PUBLIC LAW 112–239—JAN. 2, 2013 
user terminals necessary to fully exploit the capabilities pro-
vided by those satellites. 
‘‘(2) MAJOR SATELLITE ACQUISITION PROGRAM.—The term 
‘major satellite acquisition program’ means a major defense 
acquisition program (as defined in section 2430 of this title) 
for the acquisition of a satellite. 
‘‘(3) MILESTONE
B
APPROVAL.—The term ‘Milestone B 
approval’ has the meaning given that term in section 2366(e)(7) 
of this title. 
‘‘(4) NON-INTEGRATED PROGRAM.—The term ‘non-integrated 
program’ means a program with respect to which the schedules 
for the acquisition and the delivery of the capabilities of the 
segments for the program, or a related program that is nec-
essary for the operational capability of the program, provide 
for the acquisition or the delivery of the capabilities of at 
least two of the three segments for the program or related 
program more than one year apart.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 135 of such title is amended by adding at the 
end the following new item: 
‘‘2275. Reports on integration of acquisition and capability delivery schedules for 
segments of major satellite acquisition programs and funding for such 
programs.’’. 
SEC. 912. COMMERCIAL SPACE LAUNCH COOPERATION. 
(a) IN GENERAL.—Chapter 135 of title 10, United States Code, 
as amended by section 911 of this Act, is further amended by 
adding at the end the following new section: 
‘‘§ 2276. Commercial space launch cooperation 
‘‘(a) AUTHORITY.—The Secretary of Defense may take such 
actions as the Secretary considers to be in the best interest of 
the Federal Government to— 
‘‘(1) maximize the use of the capacity of the space transpor-
tation infrastructure of the Department of Defense by the pri-
vate sector in the United States; 
‘‘(2) maximize the effectiveness and efficiency of the space 
transportation infrastructure of the Department of Defense; 
‘‘(3) reduce the cost of services provided by the Department 
of Defense related to space transportation infrastructure at 
launch support facilities and space recovery support facilities; 
‘‘(4) encourage commercial space activities by enabling 
investment by covered entities in the space transportation infra-
structure of the Department of Defense; and 
‘‘(5) foster cooperation between the Department of Defense 
and covered entities. 
‘‘(b) AUTHORITY
FOR
CONTRACTS
AND
OTHER
AGREEMENTS 
RELATING TO SPACE TRANSPORTATION INFRASTRUCTURE.—The Sec-
retary of Defense— 
‘‘(1) may enter into an agreement with a covered entity 
to provide the covered entity with support and services related 
to the space transportation infrastructure of the Department 
of Defense; and 
‘‘(2) upon the request of such covered entity, may include 
such support and services in the space launch and reentry 
range support requirements of the Department of Defense if— 
Determination. 
10 USC 2276. 
10 USC 
prec. 2271. 
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126 STAT. 1873 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(A) the Secretary determines that the inclusion of 
such support and services in such requirements— 
‘‘(i) is in the best interest of the Federal Govern-
ment; 
‘‘(ii) does not interfere with the requirements of 
the Department of Defense; and 
‘‘(iii) does not compete with the commercial space 
activities of other covered entities, unless that competi-
tion is in the national security interests of the United 
States; and 
‘‘(B) any commercial requirement included in the agree-
ment has full non-Federal funding before the execution 
of the agreement. 
‘‘(c) CONTRIBUTIONS.— 
‘‘(1) IN
GENERAL.—The Secretary of Defense may enter 
into an agreement with a covered entity on a cooperative and 
voluntary basis to accept contributions of funds, services, and 
equipment to carry out this section. 
‘‘(2) USE OF CONTRIBUTIONS.—Any funds, services, or equip-
ment accepted by the Secretary under this subsection— 
‘‘(A) may be used only for the objectives specified in 
this section in accordance with terms of use set forth in 
the agreement entered into under this subsection; and 
‘‘(B) shall be managed by the Secretary in accordance 
with regulations of the Department of Defense. 
‘‘(3) REQUIREMENTS
WITH
RESPECT
TO
AGREEMENTS.—An 
agreement entered into with a covered entity under this sub-
section— 
‘‘(A) shall address the terms of use, ownership, and 
disposition of the funds, services, or equipment contributed 
pursuant to the agreement; and 
‘‘(B) shall include a provision that the covered entity 
will not recover the costs of its contribution through any 
other agreement with the United States. 
‘‘(d) DEFENSE COOPERATION SPACE LAUNCH ACCOUNT.— 
‘‘(1) ESTABLISHMENT.—There is established in the Treasury 
of the United States a special account to be known as the 
‘Defense Cooperation Space Launch Account’. 
‘‘(2) CREDITING OF FUNDS.—Funds received by the Secretary 
of Defense under subsection (c) shall be credited to the Defense 
Cooperation Space Launch Account. 
‘‘(3) USE
OF
FUNDS.—Funds deposited in the Defense 
Cooperation Space Launch Account under paragraph (2) are 
authorized to be appropriated and shall be available for obliga-
tion only to the extent provided in advance in an appropriation 
Act for costs incurred by the Department of Defense in carrying 
out subsection (b). Funds in the Account shall remain available 
until expended. 
‘‘(e) ANNUAL REPORT.—Not later than January 31 of each year, 
the Secretary of Defense shall submit to the congressional defense 
committees a report on the funds, services, and equipment accepted 
and used by the Secretary under this section during the preceding 
fiscal year. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to carry out this section. 
‘‘(g) DEFINITIONS.—In this section: 
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126 STAT. 1874 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(1) COVERED
ENTITY.—The term ‘covered entity’ means 
a non-Federal entity that— 
‘‘(A) is organized under the laws of the United States 
or of any jurisdiction within the United States; and 
‘‘(B) is engaged in commercial space activities. 
‘‘(2) LAUNCH SUPPORT FACILITIES.—The term ‘launch sup-
port facilities’ has the meaning given the term in section 
50501(7) of title 51. 
‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.—The term ‘space 
recovery support facilities’ has the meaning given the term 
in section 50501(11) of title 51. 
‘‘(4) SPACE TRANSPORTATION INFRASTRUCTURE.—The term 
‘space transportation infrastructure’ has the meaning given 
that term in section 50501(12) of title 51.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter, as so amended, is further amended by adding 
at the end the following new item: 
‘‘2276. Commercial space launch cooperation.’’. 
SEC. 
913. 
LIMITATION 
ON 
INTERNATIONAL 
AGREEMENTS 
CON-
CERNING OUTER SPACE ACTIVITIES. 
(a) CERTIFICATION REQUIRED.—If the United States becomes 
a signatory to a non-legally binding international agreement con-
cerning an International Code of Conduct for Outer Space Activities 
or any similar agreement, at the same time as the United States 
becomes such a signatory— 
(1) the President shall submit to the congressional defense 
committees, the Permanent Select Committee on Intelligence 
of the House of Representatives, and the Select Committee 
on Intelligence of the Senate a certification that such agreement 
has no legally-binding effect or basis for limiting the activities 
of the United States in outer space; and 
(2) the Secretary of Defense, the Chairman of the Joint 
Chiefs of Staff, and the Director of National Intelligence shall 
jointly submit to the congressional defense committees a certifi-
cation that such agreement will be equitable, enhance national 
security, and have no militarily significant impact on the ability 
of the United States to conduct military or intelligence activities 
in space. 
(b) BRIEFINGS AND NOTIFICATIONS REQUIRED.— 
(1) RESTATEMENT OF POLICY FORMULATION UNDER THE ARMS 
CONTROL
AND
DISARMAMENT
ACT
WITH
RESPECT
TO
OUTER 
SPACE.—No action shall be taken that would obligate the United 
States to reduce or limit the Armed Forces or armaments 
of the United States in outer space in a militarily significant 
manner, except pursuant to the treaty-making power of the 
President set forth in Article II, Section 2, Clause II of the 
Constitution or unless authorized by the enactment of further 
affirmative legislation by the Congress of the United States. 
(2) BRIEFINGS.— 
(A) REQUIREMENT.—The Secretary of Defense, the Sec-
retary of State, and the Director of National Intelligence 
shall jointly provide to the covered congressional commit-
tees regular, detailed updates on the negotiation of a non- 
legally binding international agreement concerning an 
International Code of Conduct for Outer Space Activities 
or any similar agreement. 
51 USC 30701 
note. 
President. 
51 USC 30701 
note. 
10 USC 
prec. 2271. 
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126 STAT. 1875 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) TERMINATION OF REQUIREMENT.—The requirement 
to provide regular briefings under subparagraph (A) shall 
terminate on the date on which the United States becomes 
a signatory to an agreement referred to in subparagraph 
(A), or on the date on which the President certifies to 
Congress that the United States is no longer negotiating 
an agreement referred to in subparagraph (A), whichever 
is earlier. 
(3) NOTIFICATIONS.—If the United States becomes a signa-
tory to a non-legally binding international agreement con-
cerning an International Code of Conduct for Outer Space 
Activities or any similar agreement, not less than 60 days 
prior to any action that will obligate the United States to 
reduce or limit the Armed Forces or armaments or activities 
of the United States in outer space, the head of each Depart-
ment or agency of the Federal Government that is affected 
by such action shall submit to Congress notice of such action 
and the effect of such action on such Department or agency. 
(4) DEFINITION.—In this subsection, the term ‘‘covered 
congressional committees’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Affairs, and the Permanent Select Committee 
on Intelligence of the House of Representatives; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Relations, and the Select Committee on Intel-
ligence of the Senate. 
(c) REPORT ON FOREIGN COUNTER-SPACE PROGRAMS.— 
(1) REPORT
REQUIRED.—Chapter 135 of title 10, United 
States Code, as amended by section 912 of this Act, is further 
amended by adding at the end the following new section: 
‘‘§ 2277. Report on foreign counter-space programs 
‘‘(a) REPORT REQUIRED.—Not later than January 1 of each 
year, the Secretary of Defense and the Director of National Intel-
ligence shall jointly submit to Congress a report on the counter- 
space programs of foreign countries. 
‘‘(b) CONTENTS.—Each report required under subsection (a) 
shall include— 
‘‘(1) an explanation of whether any foreign country has 
a counter-space program that could be a threat to the national 
security or commercial space systems of the United States; 
and 
‘‘(2) the name of each country with a counter-space program 
described in paragraph (1). 
‘‘(c) FORM.— 
‘‘(1) IN GENERAL.—Except as provided in paragraphs (2) 
and (3), each report required under subsection (a) shall be 
submitted in unclassified form. 
‘‘(2) CLASSIFIED ANNEX.—The Secretary of Defense and the 
Director of National Intelligence may submit to the covered 
congressional committees a classified annex to a report required 
under subsection (a) containing any classified information 
required to be submitted for such report. 
‘‘(3) FOREIGN COUNTRY NAMES.— 
‘‘(A) UNCLASSIFIED
FORM.—Subject to subparagraph 
(B), each report required under subsection (a) shall include 
10 USC 2277. 
Deadline. 
President. 
Certification. 
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126 STAT. 1876 
PUBLIC LAW 112–239—JAN. 2, 2013 
the information required under subsection (b)(2) in 
unclassified form. 
‘‘(B) NATIONAL
SECURITY
WAIVER.—The Secretary of 
Defense and the Director of National Intelligence may 
waive the requirement under subparagraph (A) if the Sec-
retary and the Director of National Intelligence jointly 
determine it is in the interests of national security to 
waive such requirement and submits to Congress an expla-
nation of why the Secretary and the Director waived such 
requirement. 
‘‘(d) COVERED CONGRESSIONAL COMMITTEES DEFINED.—In this 
section, the term ‘covered congressional committees’ means the 
Committee on Armed Services and the Permanent Select Committee 
on Intelligence of the House of Representatives and the Committee 
on Armed Services and the Select Committee on Intelligence of 
the Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 135 of title 10, United States Code, as 
so amended, is further amended by adding at the end the 
following new item: 
‘‘2277. Report on foreign counter-space programs.’’. 
SEC. 914. OPERATIONALLY RESPONSIVE SPACE PROGRAM OFFICE. 
(a) IN GENERAL.—Subsection (a) of section 2273a of title 10, 
United States Code, is amended to read as follows: 
‘‘(a) IN GENERAL.—There is within the Air Force Space and 
Missile Systems Center of the Department of Defense a joint pro-
gram office known as the Operationally Responsive Space Program 
Office (in this section referred to as the ‘Office’). The facilities 
of the Office may not be co-located with the headquarters facilities 
of the Air Force Space and Missile Systems Center.’’. 
(b) HEAD OF OFFICE.—Subsection (b) of such section is amended 
by striking ‘‘shall be—’’ and all that follows and inserting ‘‘shall 
be the designee of the Department of Defense Executive Agent 
for Space. The head of the Office shall report to the Commander 
of the Air Force Space and Missile Systems Center.’’. 
(c) MISSION.—Subsection (c)(1) of such section is amended by 
striking ‘‘spacelift’’ and inserting ‘‘launch’’. 
(d) SENIOR ACQUISITION EXECUTIVE.—Paragraph (1) of sub-
section (e) of such section is amended to read as follows: 
‘‘(1) The Program Executive Officer for Space shall be the 
Acquisition Executive of the Office and shall provide stream-
lined acquisition authorities for projects of the Office.’’. 
(e) EXECUTIVE COMMITTEE.—Such section is further amended 
by adding at the end the following new subsection: 
‘‘(g) EXECUTIVE COMMITTEE.—(1) The Secretary of Defense shall 
establish for the Office an Executive Committee (to be known as 
the ‘Operationally Responsive Space Executive Committee’) to pro-
vide coordination, oversight, and approval of projects of the Office. 
‘‘(2) The Executive Committee shall consist of the officials (and 
their duties) as follows: 
‘‘(A) The Department of Defense Executive Agent for Space, 
who shall serve as Chair of the Executive Committee and 
provide oversight, prioritization, coordination, and resources 
for the Office. 
Establishment. 
Establishment. 
10 USC 
prec. 2271. 
Determination. 
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126 STAT. 1877 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(B) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, who shall provide coordination and over-
sight of the Office and recommend funding sources for programs 
of the Office that exceed the approved program baseline. 
‘‘(C) The Commander of the United States Strategic Com-
mand, who shall validate requirements for systems to be 
acquired by the Office and participate in approval of any 
acquisition program initiated by the Office. 
‘‘(D) The Commander of the Air Force Space Command, 
the Commander of the Army Space and Missile Defense Com-
mand, and the Commander of the Space and Naval Warfare 
Systems Command, who shall jointly organize, train, and equip 
forces to support the acquisition programs of the Office. 
‘‘(E) Such other officials (and their duties) as the Secretary 
of Defense considers appropriate.’’. 
SEC. 915. REPORT ON OVERHEAD PERSISTENT INFRARED TECH-
NOLOGY. 
(a) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, in consultation 
with the Director of National Intelligence, shall submit to the 
congressional defense committees, the Permanent Select Committee 
on Intelligence of the House of Representatives, and the Select 
Committee on Intelligence of the Senate a report on overhead 
persistent infrared technology that includes— 
(1) an identification of the comprehensive overhead per-
sistent infrared technology requirements of the Department 
of Defense and the intelligence community; 
(2) a description of the strategy, plan, and budget for the 
space layer, with supporting ground architecture, including key 
decision points for the current and next generation overhead 
persistent infrared technology with respect to missile warning, 
missile defense, battlespace awareness, and technical intel-
ligence; 
(3) an assessment of whether there are further opportuni-
ties for the Department of Defense and the intelligence commu-
nity to capitalize on increased data sharing, fusion, interoper-
ability, and exploitation; 
(4) recommendations on how to better coordinate the efforts 
by the Department and the intelligence community to exploit 
overhead persistent infrared sensor data; and 
(5) any other relevant information that the Secretary con-
siders necessary. 
(b) COMPTROLLER GENERAL ASSESSMENT.—Not later than 90 
days after the date on which the Secretary of Defense submits 
the report required under subsection (a), the Comptroller General 
of the United States shall submit to the congressional defense 
committees an assessment of the report required under subsection 
(a), including— 
(1) an assessment of whether such report is comprehensive, 
fully supported, and sufficiently detailed; and 
(2) an identification of any shortcomings, limitations, or 
other reportable matters that affect the quality or findings 
of the report required under subsection (a). 
(c) INTELLIGENCE COMMUNITY DEFINED.—In this section, the 
term ‘‘intelligence community’’ has the meaning given that term 
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126 STAT. 1878 
PUBLIC LAW 112–239—JAN. 2, 2013 
in section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)). 
SEC. 916. ASSESSMENT OF FOREIGN COMPONENTS AND THE SPACE 
LAUNCH CAPABILITY OF THE UNITED STATES. 
(a) ASSESSMENT.—The Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics shall conduct an independent assess-
ment of the national security implications of continuing to use 
foreign component and propulsion systems for the launch vehicles 
under the evolved expendable launch vehicle program. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics shall submit to the congressional 
defense committees a report on the assessment conducted under 
subsection (a). 
SEC. 917. REPORT ON COUNTER SPACE TECHNOLOGY. 
(a) REPORT.—Not later than one year after the date of the 
enactment of this Act, and annually thereafter for two years, the 
Secretary of Defense shall submit to the congressional defense 
committees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations of the 
Senate a report based on all available information (including the 
Counter Space Technology List of the Department of State) 
describing key space technologies that could be used, or are being 
sought, by a foreign country with a counter space or ballistic missile 
program, and should be subject to export controls by the United 
States or an ally of the United States, as appropriate. 
(b) FORM.—Each report required under subsection (a) shall 
be submitted in unclassified form, but may include a classified 
annex. 
Subtitle C—Intelligence-Related Activities 
SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTELLIGENCE SUP-
PORT TO CERTAIN SECURITY ALLIANCES AND REGIONAL 
ORGANIZATIONS. 
(a) AUTHORIZATION.—Section 443(a) of title 10, United States 
Code, is amended by striking ‘‘foreign countries’’ and inserting 
‘‘foreign countries, regional organizations with defense or security 
components, and security alliances of which the United States is 
a member’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 443 of title 
10, United States Code, is amended by striking ‘‘foreign coun-
tries’’ and inserting ‘‘foreign countries, regional organiza-
tions, and security alliances’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 22 of title 10, United States Code, is amended 
by striking the item relating to section 443 and inserting the 
following new item: 
‘‘443. Imagery intelligence and geospatial information: support for foreign countries, 
regional organizations, and security alliances.’’. 
(c) REPORTS.— 
(1) IN GENERAL.—Not later than January 15 during each 
of 2014 and 2015, the Director of the National Geospatial- 
10 USC 
prec. 441. 
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126 STAT. 1879 
PUBLIC LAW 112–239—JAN. 2, 2013 
Intelligence Agency shall submit to the appropriate congres-
sional committees an annual report on the imagery intelligence 
or geospatial information support that the Director provided 
to a regional organization or security alliance under section 
443(a) of title 10, United States Code, as amended by subsection 
(a), during the year covered by the report, including an identi-
fication of each such organization or alliance and the number 
of times such organization or alliance received such intelligence 
or support. 
(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the congressional defense committees; and 
(B) the Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee 
on Intelligence of the Senate. 
SEC. 922. TECHNICAL AMENDMENTS TO REFLECT CHANGE IN NAME 
OF NATIONAL DEFENSE INTELLIGENCE COLLEGE TO 
NATIONAL INTELLIGENCE UNIVERSITY. 
(a) CONFORMING AMENDMENTS TO REFLECT NAME CHANGE.— 
Section 2161 of title 10, United States Code, is amended by striking 
‘‘National Defense Intelligence College’’ each place it appears and 
inserting ‘‘National Intelligence University’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 2161. Degree granting authority for National Intelligence 
University’’. 
(2) TABLE OF SECTIONS.—The item related to such section 
in the table of sections at the beginning of chapter 108 of 
such title is amended to read as follows: 
‘‘2161. Degree granting authority for National Intelligence University.’’. 
SEC. 923. REVIEW OF ARMY DISTRIBUTED COMMON GROUND SYSTEM. 
(a) REVIEW.—The Secretary of the Army shall direct the Army 
Systems Acquisition Review Council to— 
(1) review the Distributed Common Ground System pro-
gram of the Army; and 
(2) report the results of such review to the congressional 
defense committees not later than 180 days after the date 
of the enactment of this Act. 
(b) ELEMENTS.—The review required under subsection (a) shall 
include— 
(1) an assessment of the current acquisition strategy for 
the Distributed Common Ground System program of the Army 
to determine the relevance of such program to the current 
and emerging needs of the Army, including evolving technology 
needs and architectural strategies; 
(2) an assessment of the current technology performance 
to meet existing program requirements, including interoper-
ability, net-readiness, and functional performance for both 
cloud-enabled and disconnected operations; 
(3) an analysis of competitive procedures that allow new 
and emerging capabilities, including integration of quick reac-
tion capabilities, to be rapidly integrated into the architecture, 
Reports. 
Deadline. 
10 USC 
prec. 2161. 
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126 STAT. 1880 
PUBLIC LAW 112–239—JAN. 2, 2013 
including through the use of product fly-offs using standardized, 
Government-provided common data sets that allow for equitable 
comparisons of capabilities; 
(4) an analysis of the current technological path to ensure 
such path incorporates current best practices from industry 
and is in concert with the emerging needs and requirements 
of the Joint Information Environment; 
(5) an assessment of such program to ensure appropriate 
investments in human systems integration are being made 
to ensure interface usability; 
(6) an assessment of such program to ensure enterprise 
knowledge 
management 
and 
training 
requirements 
are 
commensurate with the anticipated force structure of the Army 
for the decade following the date of the enactment of this 
Act; and 
(7) recommendations for any changes that may be needed 
as a result of the review. 
SEC. 924. ELECTRO-OPTICAL IMAGERY. 
(a) IDENTIFICATION
OF DEPARTMENT
OF DEFENSE ELECTRO- 
OPTICAL SATELLITE IMAGERY REQUIREMENTS.— 
(1) REPORT.—Not later than April 1, 2013, the Chairman 
of the Joint Requirements Oversight Council shall submit to 
the Director of the Congressional Budget Office a report setting 
forth a comprehensive description of Department of Defense 
peacetime and wartime requirements for electro-optical satellite 
imagery. 
(2) SCOPE
OF
REQUIREMENTS.—The requirements under 
paragraph (1) shall— 
(A) be expressed in such terms as are necessary, which 
may include daily regional and global area coverage and 
number of point targets, resolution, revisit rates, mean- 
time to access, latency, redundancy, survivability, and 
diversity; and 
(B) take into consideration all types of imagery and 
collection means available. 
(b) ASSESSMENT OF IDENTIFIED REQUIREMENTS.— 
(1) IN GENERAL.—Not later than September 15, 2013, the 
Director of the Congressional Budget Office shall submit to 
the appropriate committees of Congress a report setting forth 
an assessment by the Director of the report required by sub-
section (a). 
(2) ELEMENTS.—The assessment required by paragraph (1) 
shall include an assessment of the following: 
(A) The extent to which the requirements of the 
Department for electro-optical imagery from space can be 
satisfied by commercial companies using either— 
(i) current designs; or 
(ii) enhanced designs that could be developed at 
low risk. 
(B) The estimated cost and schedule of satisfying such 
requirements using commercial companies. 
(3) CONSULTATION AND OTHER RESOURCES.—In preparing 
the assessment required by paragraph (1), the Director shall— 
(A) consult widely with officials of the Government, 
private industry, and academia; and 
Deadline. 
Reports. 
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126 STAT. 1881 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) make maximum use of existing studies and mod-
eling and simulations. 
(4) ACCESS
TO
INFORMATION.—The Secretary of Defense 
shall provide the appropriately cleared staff of the Director 
of the Congressional Budget Office with such access to informa-
tion and programs applicable to the assessment required by 
paragraph (1) as the Director of the Congressional Budget 
Office shall require for the preparation of the assessment. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committees on Armed Services and Appropriations 
and the Select Committee on Intelligence of the Senate; and 
(2) the Committees on Armed Services and Appropriations 
and the Permanent Select Committee on Intelligence of the 
House of Representatives. 
SEC. 925. DEFENSE CLANDESTINE SERVICE. 
(a) PROHIBITION
ON USE
OF FUNDS
FOR ADDITIONAL PER-
SONNEL.— 
(1) PROHIBITION.—Subject to paragraph (2), none of the 
funds authorized to be appropriated by this Act may be obli-
gated or expended for— 
(A) civilian personnel in the Department of Defense 
conducting or supporting human intelligence in excess of 
the number of such civilian personnel as of April 20, 2012; 
or 
(B) positions in the Department of Defense served by 
members of the Armed Forces conducting or supporting 
human intelligence within the Department of Defense in 
excess of the number of such positions as of April 20, 
2012. 
(2) REDUCTION OF CIVILIAN PERSONNEL.— 
(A) REDUCTION.—Subject to subparagraph (B), if on 
the date of the enactment of this Act the number of civilian 
personnel in the Department of Defense conducting or sup-
porting human intelligence exceeds the number of such 
personnel as of April 20, 2012, the Secretary of Defense 
shall, not later than 30 days after the date of the enactment 
of this Act, take appropriate action to promptly reduce, 
consistent with reduction-in-force procedures, the total 
number of such civilian personnel to the number of such 
civilian personnel as of April 20, 2012. 
(B) EXCEPTION.—For each civilian personnel in the 
Department of Defense conducting or supporting human 
intelligence in excess of the number of such civilian per-
sonnel as of April 20, 2012, that the Secretary considers 
necessary to maintain after the date of the enactment 
of this Act during all or part of fiscal year 2013, the 
Secretary shall submit to the appropriate committees of 
Congress a comprehensive justification for maintaining 
such civilian personnel, including the specific role, mission, 
and responsibilities of such civilian personnel and whether 
such civilian personnel was employed in another capacity 
in the Department of Defense immediately prior to begin-
ning the conduct or support of human intelligence. 
Deadline. 
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126 STAT. 1882 
PUBLIC LAW 112–239—JAN. 2, 2013 
(C) LIMITATION.—Notwithstanding any other provision 
of this subsection, following the action taken by the Sec-
retary under subparagraph (A), the number of civilian per-
sonnel in the Department of Defense conducting or sup-
porting human intelligence for fiscal year 2013 shall not 
exceed the total of— 
(i) the number of such civilian personnel as of 
April 20, 2012; and 
(ii) the number of such civilian personnel for which 
the Secretary has submitted a justification under 
subparagraph (B). 
(b) CAPE REPORT ON COSTS.—Not later than 120 days after 
the date of the enactment of this Act, the Director of Cost Assess-
ment and Program Evaluation of the Department of Defense, in 
consultation with the Director of National Intelligence, shall submit 
to the appropriate committees of Congress an independent, com-
prehensive estimate of the costs of the Defense Clandestine Service, 
including an estimate of the costs over the period of the current 
future-years defense program and such years occurring after such 
period as the Director is able to reasonably estimate. 
(c) USDI REPORT ON DCS.— 
(1) REPORT REQUIRED.—Not later than February 1, 2013, 
the Under Secretary of Defense for Intelligence shall submit 
to the appropriate committees of Congress a report on the 
Defense Clandestine Service. 
(2) ELEMENTS.—The report under paragraph (1) shall 
include the following: 
(A) A detailed description of the location and schedule 
for current and anticipated deployments of case officers 
trained under the Field Tradecraft Course and a certifi-
cation of whether each activity receiving a deployment 
can accommodate and support the deployment. 
(B) A statement of the objectives for the effective 
management of case officers trained under the Field 
Tradecraft Course. Such objectives shall include an outline 
of career management tracks commencing with accession, 
initial training requirement, number of Defense Clandes-
tine Service tours requiring Field Tradecraft Course 
training, and objectives for management of career tracks, 
including promotion criteria. 
(C) A statement of the manner in which each military 
department and the Defense Intelligence Agency will each 
achieve the objectives applicable under subparagraph (B). 
(D) A copy of any memoranda of understanding or 
memoranda of agreement between the Department of 
Defense and other departments and agencies of the United 
States Government, or between components of the Depart-
ment of Defense, that are required to implement objectives 
for the Defense Clandestine Service. 
(d) DEFINITIONS.—In this section: 
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Select Committee on Intel-
ligence of the Senate; and 
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126 STAT. 1883 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) the Committee on Armed Services, the Committee 
on Appropriations, and the Permanent Select Committee 
on Intelligence of the House of Representatives. 
(2) FUTURE-YEARS DEFENSE PROGRAM.—The term ‘‘future- 
years defense program’’ means the future-years defense pro-
gram under section 221 of title 10, United States Code. 
Subtitle D—Cyberspace-Related Matters 
SEC. 931. IMPLEMENTATION STRATEGY FOR JOINT INFORMATION 
ENVIRONMENT. 
(a) IMPLEMENTATION STRATEGY.—Not later than March 31, 
2013, the Secretary of Defense shall submit to the congressional 
defense committees a strategy for implementing the Joint Informa-
tion Environment. Such strategy shall include— 
(1) a description for the vision for the Joint Information 
Environment, including a roadmap for achieving such vision 
from the existing baseline architecture; 
(2) an assessment of the key milestones, metrics, and 
resources needed to achieve such vision, including the antici-
pated implementation cost and lifecycle cost savings of the 
Joint Information Environment; 
(3) a description of the acquisition strategy and manage-
ment plan for implementing the Joint Information Environ-
ment; 
(4) an analysis of the key technical and policy challenges 
that must be addressed to achieve such vision, including assign-
ment of responsibility for addressing such challenges; 
(5) an identification of dependencies with existing initia-
tives or programs and capability gaps not currently addressed 
by funded initiatives or programs; and 
(6) an assessment of the personnel challenges associated 
with manning, training, operating, defending, and fighting in 
the Joint Information Environment as a command and control 
and weapon system. 
(b) PERSONNEL PLAN.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense, in consulta-
tion with the Chairman of the Joint Chiefs of Staff, shall submit 
to the congressional defense committees a Department-wide per-
sonnel plan for making the Joint Information Environment oper-
ational. Such personnel plan shall be based on the strategy required 
under subsection (a) and shall include a validated Joint Staff 
requirement for manpower levels and the levels required for each 
of the military departments and combat support agencies needed 
for full spectrum cyber operations, including the national cyber 
defense mission and the operational plans of the combatant com-
mands, for each fiscal year across the current future-years defense 
program. 
SEC. 932. NEXT-GENERATION HOST-BASED CYBER SECURITY SYSTEM 
FOR THE DEPARTMENT OF DEFENSE. 
(a) STRATEGY
FOR ACQUISITION
OF SYSTEM REQUIRED.—The 
Chief Information Officer of the Department of Defense shall, in 
consultation with the Under Secretary of Defense for Acquisition, 
Technology, and Logistics and the Commander of the United States 
Cyber Command, develop a strategy to acquire next-generation 
Deadlines. 
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126 STAT. 1884 
PUBLIC LAW 112–239—JAN. 2, 2013 
host-based cyber security tools and capabilities (in this section 
referred to as a ‘‘next-generation system’’) for the Department of 
Defense. 
(b) ELEMENTS OF SYSTEM.—It is the sense of Congress that 
any next-generation system acquired under the strategy required 
by subsection (a) should meet the following requirements: 
(1) To overcome problems and limitations in current 
capabilities, the system should not rely on techniques that— 
(A) cannot address new or rapidly morphing threats; 
(B) consume substantial amounts of communications 
capacity to remain current with known threats and to 
report current status; or 
(C) consume substantial amounts of resources to store 
rapidly growing threat libraries. 
(2) The system should provide an open architecture-based 
framework for so-called ‘‘plug-and-play’’ integration of a variety 
of types of deployable tools, including appropriate commercially 
available applications, in addition to cyber intrusion detection 
tools, including tools for— 
(A) insider threat detection; 
(B) continuous monitoring and configuration manage-
ment; 
(C) remediation following infections; and 
(D) protection techniques that do not rely on detection 
of the attack. 
(3) The system should be designed for ease of deployment 
to potentially millions of host devices of tailored security solu-
tions depending on need and risk, and to be compatible with 
cloud-based, thin-client, and virtualized environments as well 
as battlefield devices and weapons systems. 
(c) SUBMITTAL TO CONGRESS.—The Chief Information Officer 
shall submit to Congress a report setting forth the strategy required 
by subsection (a) together with the budget justification materials 
of the Department of Defense submitted to Congress with the 
budget of the President for fiscal year 2015 pursuant to section 
1105(a) of title 31, United States Code. 
SEC. 933. IMPROVEMENTS IN ASSURANCE OF COMPUTER SOFTWARE 
PROCURED BY THE DEPARTMENT OF DEFENSE. 
(a) BASELINE SOFTWARE ASSURANCE POLICY.—The Under Sec-
retary of Defense for Acquisition, Technology, and Logistics, in 
coordination with the Chief Information Officer of the Department 
of Defense, shall develop and implement a baseline software assur-
ance policy for the entire lifecycle of covered systems. Such policy 
shall be included as part of the strategy for trusted defense systems 
of the Department of Defense. 
(b) POLICY ELEMENTS.—The baseline software assurance policy 
under subsection (a) shall— 
(1) require use of appropriate automated vulnerability anal-
ysis tools in computer software code during the entire lifecycle 
of a covered system, including during development, operational 
testing, operations and sustainment phases, and retirement; 
(2) require covered systems to identify and prioritize secu-
rity vulnerabilities and, based on risk, determine appropriate 
remediation strategies for such security vulnerabilities; 
(3) ensure such remediation strategies are translated into 
contract requirements and evaluated during source selection; 
10 USC 2224 
note. 
Reports. 
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126 STAT. 1885 
PUBLIC LAW 112–239—JAN. 2, 2013 
(4) promote best practices and standards to achieve soft-
ware security, assurance, and quality; and 
(5) support competition and allow flexibility and compat-
ibility with current or emerging software methodologies. 
(c) VERIFICATION OF EFFECTIVE IMPLEMENTATION.—The Under 
Secretary of Defense for Acquisition, Technology, and Logistics, 
in coordination with the Chief Information Officer of the Depart-
ment of Defense, shall— 
(1) collect data on implementation of the policy developed 
under subsection (a) and measure the effectiveness of such 
policy, including the particular elements required under sub-
section (b); and 
(2) identify and promote best practices, tools, and standards 
for developing and validating assured software for the Depart-
ment of Defense. 
(d) BRIEFING ON ADDITIONAL MEANS OF IMPROVING SOFTWARE 
ASSURANCE.—Not later than one year after the date of the enact-
ment of this Act, the Under Secretary for Acquisition, Technology, 
and Logistics shall, in coordination with the Chief Information 
Officer of the Department of Defense, provide to the congressional 
defense committees a briefing on the following: 
(1) A research and development strategy to advance 
capabilities in software assurance and vulnerability detection. 
(2) The state-of-the-art of software assurance analysis and 
test. 
(3) How the Department might hold contractors liable for 
software defects or vulnerabilities. 
(e) DEFINITIONS.—In this section: 
(1) COVERED SYSTEM.—The term ‘‘covered system’’ means 
any Department of Defense critical information, business, or 
weapons system that is— 
(A) a major system, as that term is defined in section 
2302(5) of title 10, United States Code; 
(B) a national security system, as that term is defined 
in section 3542(b)(2) of title 44, United States Code; or 
(C) a Department of Defense information system cat-
egorized as Mission Assurance Category I in Department 
of Defense Directive 8500.01E that is funded by the Depart-
ment of Defense. 
(2) SOFTWARE ASSURANCE.—The term ‘‘software assurance’’ 
means the level of confidence that software functions as 
intended and is free of vulnerabilities, either intentionally or 
unintentionally designed or inserted as part of the software, 
throughout the life cycle. 
SEC. 934. COMPETITION IN CONNECTION WITH DEPARTMENT OF 
DEFENSE TACTICAL DATA LINK SYSTEMS. 
(a) COMPETITION IN CONNECTION WITH TACTICAL DATA LINK 
SYSTEMS.—Not later than December 1, 2013, the Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall— 
(1) develop an inventory of all tactical data link systems 
in use and in development in the Department of Defense, 
including interfaces and waveforms; 
(2) conduct an analysis of each data link system contained 
in the inventory under paragraph (1) to determine whether— 
(A) the upgrade, new deployment, or replacement of 
such system should be open to competition; or 
Analysis. 
Inventory. 
Deadline. 
10 USC 2225 
note. 
Deadline. 
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126 STAT. 1886 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) the data link should be converted to an open 
architecture, or a different data link standard should be 
adopted to enable such competition; 
(3) for each data link system for which competition is 
determined advisable under subparagraph (A) or (B) of para-
graph (2), develop a plan to achieve such competition, including 
a plan to address any policy, legal, programmatic, or technical 
barriers to such competition; and 
(4) for each data link system for which competition is 
determined not advisable under paragraph (2), prepare an 
explanation for such determination. 
(b) EARLIER ACTIONS.—If the Under Secretary completes any 
portion of the plan described in subsection (a)(3) before December 
1, 2013, the Secretary may commence action on such portion of 
the plan upon completion of such portion, including publication 
of such portion of the plan. 
(c) REPORT.—At the same time the budget of the President 
for fiscal year 2015 is submitted to Congress pursuant to section 
1105(a) of title 31, United States Code, the Under Secretary shall 
submit to the congressional defense committees a report on the 
plans described in paragraph (3) of subsection (a), including any 
explanation prepared under paragraph (4) of such subsection. 
SEC. 935. COLLECTION AND ANALYSIS OF NETWORK FLOW DATA. 
(a) DEVELOPMENT OF TECHNOLOGIES.—The Chief Information 
Officer of the Department of Defense may, in coordination with 
the Under Secretary of Defense for Policy and the Under Secretary 
of Defense for Intelligence and acting through the Director of the 
Defense Information Systems Agency, use the available funding 
and research activities and capabilities of the Community Data 
Center of the Defense Information Systems Agency to develop and 
demonstrate collection, processing, and storage technologies for net-
work flow data that— 
(1) are potentially scalable to the volume used by Tier 
1 Internet Service Providers to collect and analyze the flow 
data across their networks; 
(2) will substantially reduce the cost and complexity of 
capturing and analyzing high volumes of flow data; and 
(3) support the capability— 
(A) to detect and identify cyber security threats, net-
works of compromised computers, and command and con-
trol sites used for managing illicit cyber operations and 
receiving information from compromised computers; 
(B) to track illicit cyber operations for attribution of 
the source; and 
(C) to provide early warning and attack assessment 
of offensive cyber operations. 
(b) COORDINATION.—Any research and development required 
in the development of the technologies described in subsection (a) 
shall be conducted in cooperation with the heads of other appro-
priate departments and agencies of the Federal Government and, 
whenever feasible, Tier 1 Internet Service Providers and other 
managed security service providers. 
SEC. 936. COMPETITION FOR LARGE-SCALE SOFTWARE DATABASE AND 
DATA ANALYSIS TOOLS. 
(a) ANALYSIS.— 
10 USC 2223 
note. 
10 USC 2223 
note. 
Plans. 
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126 STAT. 1887 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) REQUIREMENT.—The Secretary of Defense, acting 
through the Chief Information Officer of the Department of 
Defense, shall conduct an analysis of large-scale software data-
base tools and large-scale software data analysis tools that 
could be used to meet current and future Department of Defense 
needs for large-scale data analytics. 
(2) ELEMENTS.—The analysis required under paragraph (1) 
shall include— 
(A) an analysis of the technical requirements and needs 
for large-scale software database and data analysis tools, 
including prioritization of key technical features needed 
by the Department of Defense; and 
(B) an assessment of the available sources from 
Government and commercial sources to meet such needs, 
including an assessment by the Deputy Assistant Secretary 
of Defense for Manufacturing and Industrial Base Policy 
to ensure sufficiency and diversity of potential commercial 
sources. 
(3) SUBMISSION.—Not later than 180 days after the date 
of the enactment of this Act, the Chief Information Officer 
shall submit to the congressional defense committees the results 
of the analysis required under paragraph (1). 
(b) COMPETITION REQUIRED.— 
(1) IN GENERAL.—If, following the analysis required under 
subsection (a), the Chief Information Officer of the Department 
of Defense identifies needs for software systems or large-scale 
software database or data analysis tools, the Department shall 
acquire such systems or such tools based on market research 
and using competitive procedures in accordance with applicable 
law and the Defense Federal Acquisition Regulation Supple-
ment. 
(2) NOTIFICATION.—If the Chief Information Officer elects 
to acquire large-scale software database or data analysis tools 
using procedures other than competitive procedures, the Chief 
Information Officer and the Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall submit a written 
notification to the congressional defense committees on a quar-
terly basis until September 30, 2018, that describes the acquisi-
tion involved, the date the decision was made, and the rationale 
for not using competitive procedures. 
SEC. 937. SOFTWARE LICENSES OF THE DEPARTMENT OF DEFENSE. 
(a) PLAN FOR INVENTORY OF LICENSES.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Chief Information Officer 
of the Department of the Defense shall, in consultation with 
the chief information officers of the military departments and 
the Defense Agencies, issue a plan for the inventory of selected 
software licenses of the Department of Defense, including a 
comparison of licenses purchased with licenses installed. 
(2) SELECTED SOFTWARE LICENSES.—The Chief Information 
Officer shall determine the software licenses to be treated as 
selected software licenses of the Department for purposes of 
this section. The licenses shall be determined so as to maximize 
the return on investment in the inventory conducted pursuant 
to the plan required by paragraph (1). 
Determination. 
Deadline. 
10 USC 2223 
note. 
Deadlines. 
Deadline. 
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126 STAT. 1888 
PUBLIC LAW 112–239—JAN. 2, 2013 
(3) PLAN ELEMENTS.—The plan under paragraph (1) shall 
include the following: 
(A) An identification and explanation of the software 
licenses determined by the Chief Information Officer under 
paragraph (2) to be selected software licenses for purposes 
of this section, and a summary outline of the software 
licenses determined not to be selected software licenses 
for such purposes. 
(B) Means to assess the needs of the Department and 
the components of the Department for selected software 
licenses during the two fiscal years following the date of 
the issuance of the plan. 
(C) Means by which the Department can achieve the 
greatest possible economies of scale and cost savings in 
the procurement, use, and optimization of selected software 
licenses. 
(b) PERFORMANCE PLAN.—If the Chief Information Officer deter-
mines through the inventory conducted pursuant to the plan 
required by subsection (a) that the number of selected software 
licenses of the Department and the components of the Department 
exceeds the needs of the Department for such software licenses, 
the Secretary of Defense shall implement a plan to bring the number 
of such software licenses into balance with the needs of the Depart-
ment. 
SEC. 938. SENSE OF CONGRESS ON POTENTIAL SECURITY RISKS TO 
DEPARTMENT OF DEFENSE NETWORKS. 
It is the sense of Congress that the Department of Defense— 
(1) must ensure it maintains full visibility and adequate 
control of its supply chain, including subcontractors, in order 
to mitigate supply chain exploitation; and 
(2) needs the authority and capability to mitigate supply 
chain risks to its information technology systems that fall out-
side the scope of National Security Systems. 
SEC. 939. QUARTERLY CYBER OPERATIONS BRIEFINGS. 
(a) BRIEFINGS.—Chapter 23 of title 10, United States Code, 
is amended by inserting after section 483 the following new section: 
‘‘§ 484. Quarterly cyber operations briefings 
‘‘The Secretary of Defense shall provide to the Committees 
on Armed Services of the House of Representatives and the Senate 
quarterly briefings on all offensive and significant defensive military 
operations in cyberspace carried out by the Department of Defense 
during the immediately preceding quarter.’’. 
(b) INITIAL BRIEFING.—The first briefing required under section 
484 of title 10, United States Code, as added by subsection (a), 
shall be provided not later than March 1, 2013. 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 23 of title 10, United States Code, is amended 
by inserting after the item relating to section 483 the following 
new item: 
‘‘484. Quarterly cyber operations briefings.’’. 
SEC. 940. SENSE OF CONGRESS ON THE UNITED STATES CYBER COM-
MAND. 
It is the sense of Congress that— 
10 USC 
prec. 480. 
Deadline. 
10 USC 484 note. 
10 USC 484. 
Determination. 
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126 STAT. 1889 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) there is a serious cyber threat to the national security 
of the United States and the need to work both offensively 
and defensively to protect the networks and critical infrastruc-
ture of the United States; 
(2) it is important to have a unified command structure 
in the Department of Defense to direct military operations 
in cyberspace; 
(3) a change in the status of the United States Cyber 
Command has implications for the entire Department and the 
national security of the United States, which require careful 
consideration; 
(4) Congress expects to be briefed and consulted about 
any proposal to elevate the United States Cyber Command 
to a unified command at the time when the Secretary of Defense 
makes such a proposal and to receive— 
(A) a clear statement of mission of the United States 
Cyber Command and related legal definitions; 
(B) an outline of the specific national security benefits 
of elevating the sub-unified United States Cyber Command 
to a unified command; 
(C) an estimate of the cost of creating a unified United 
States Cyber Command and a justification of the expendi-
ture; and 
(D) if the Secretary considers it advisable to continue 
the designation of the Commander of the United States 
Cyber Command as also being the Director of the National 
Security Agency— 
(i) an explanation of how a single individual could 
serve as a commander of a combatant command that 
conducts overt, though clandestine, cyber operations 
under title 10, United States Code, and serve as the 
head of an element of the intelligence community that 
conducts covert cyber operations under the National 
Security Act of 1947 (50 U.S.C. 401 et seq.) in a manner 
that affords deniability to the United States; and 
(ii) a statement of whether the Secretary believes 
it is appropriate either to appoint a line officer as 
the Director of the National Security Agency or to 
take the unprecedented step of appointing an intel-
ligence officer as a unified commander; and 
(5) appropriate policy foundations and standing rules of 
engagement must be in place before any decision to create 
a unified United States Cyber Command. 
SEC. 941. REPORTS TO DEPARTMENT OF DEFENSE ON PENETRATIONS 
OF NETWORKS AND INFORMATION SYSTEMS OF CERTAIN 
CONTRACTORS. 
(a) PROCEDURES FOR REPORTING PENETRATIONS.—The Secretary 
of Defense shall establish procedures that require each cleared 
defense contractor to report to a component of the Department 
of Defense designated by the Secretary for purposes of such proce-
dures when a network or information system of such contractor 
that meets the criteria established pursuant to subsection (b) is 
successfully penetrated. 
(b) NETWORKS
AND
INFORMATION
SYSTEMS
SUBJECT
TO 
REPORTING.— 
10 USC 2224 
note. 
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126 STAT. 1890 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) CRITERIA.—The Secretary of Defense shall designate 
a senior official to, in consultation with the officials specified 
in paragraph (2), establish criteria for covered networks to 
be subject to the procedures for reporting system penetrations 
under subsection (a). 
(2) OFFICIALS.—The officials specified in this subsection 
are the following: 
(A) The Under Secretary of Defense for Policy. 
(B) The Under Secretary of Defense for Acquisition, 
Technology, and Logistics. 
(C) The Under Secretary of Defense for Intelligence. 
(D) The Chief Information Officer of the Department 
of Defense. 
(E) The Commander of the United States Cyber Com-
mand. 
(c) PROCEDURE REQUIREMENTS.— 
(1) RAPID REPORTING.—The procedures established pursu-
ant to subsection (a) shall require each cleared defense con-
tractor to rapidly report to a component of the Department 
of Defense designated pursuant to subsection (a) of each 
successful penetration of the network or information systems 
of such contractor that meet the criteria established pursuant 
to subsection (b). Each such report shall include the following: 
(A) A description of the technique or method used 
in such penetration. 
(B) A sample of the malicious software, if discovered 
and isolated by the contractor, involved in such penetration. 
(C) A summary of information created by or for the 
Department in connection with any Department program 
that has been potentially compromised due to such penetra-
tion. 
(2) ACCESS TO EQUIPMENT AND INFORMATION BY DEPART-
MENT
OF
DEFENSE
PERSONNEL.—The procedures established 
pursuant to subsection (a) shall— 
(A) include mechanisms for Department of Defense 
personnel to, upon request, obtain access to equipment 
or information of a cleared defense contractor necessary 
to conduct forensic analysis in addition to any analysis 
conducted by such contractor; 
(B) provide that a cleared defense contractor is only 
required to provide access to equipment or information 
as described in subparagraph (A) to determine whether 
information created by or for the Department in connection 
with any Department program was successfully exfiltrated 
from a network or information system of such contractor 
and, if so, what information was exfiltrated; and 
(C) provide for the reasonable protection of trade 
secrets, commercial or financial information, and informa-
tion that can be used to identify a specific person. 
(3) LIMITATION ON DISSEMINATION OF CERTAIN INFORMA-
TION.—The procedures established pursuant to subsection (a) 
shall prohibit the dissemination outside the Department of 
Defense of information obtained or derived through such proce-
dures that is not created by or for the Department except 
with the approval of the contractor providing such information. 
(d) ISSUANCE
OF PROCEDURES
AND ESTABLISHMENT
OF CRI-
TERIA.— 
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126 STAT. 1891 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act— 
(A) the Secretary of Defense shall establish the proce-
dures required under subsection (a); and 
(B) the senior official designated under subsection 
(b)(1) shall establish the criteria required under such sub-
section. 
(2) APPLICABILITY DATE.—The requirements of this section 
shall apply on the date on which the Secretary of Defense 
establishes the procedures required under this section. 
(e) DEFINITIONS.—In this section: 
(1) CLEARED
DEFENSE
CONTRACTOR.—The term ‘‘cleared 
defense contractor’’ means a private entity granted clearance 
by the Department of Defense to access, receive, or store classi-
fied information for the purpose of bidding for a contract or 
conducting activities in support of any program of the Depart-
ment of Defense. 
(2) COVERED
NETWORK.—The term ‘‘covered network’’ 
means a network or information system of a cleared defense 
contractor that contains or processes information created by 
or for the Department of Defense with respect to which such 
contractor is required to apply enhanced protection. 
Subtitle E—Other Matters 
SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIRMAN OF 
JOINT CHIEFS OF STAFF AND JOINT REQUIREMENTS 
OVERSIGHT COUNCIL. 
(a) AMENDMENTS RELATED TO CHAIRMAN OF JOINT CHIEFS OF 
STAFF.—Section 153(a)(4) of title 10, United States Code, is 
amended by striking subparagraph (F) and inserting the following 
new subparagraphs: 
‘‘(F) Identifying, assessing, and approving military require-
ments (including existing systems and equipment) to meet the 
National Military Strategy. 
‘‘(G) Recommending to the Secretary appropriate trade- 
offs among life-cycle cost, schedule, and performance objectives, 
and procurement quantity objectives, to ensure that such trade- 
offs are made in the acquisition of materiel and equipment 
to support the strategic and contingency plans required by 
this subsection in the most effective and efficient manner.’’. 
(b) AMENDMENTS RELATED TO JROC.—Section 181(b) of such 
title is amended— 
(1) in paragraph (1)(C), by striking ‘‘in ensuring’’ and all 
that follows through ‘‘requirements’’ and inserting the following: 
‘‘in ensuring that appropriate trade-offs are made among life- 
cycle cost, schedule, and performance objectives, and procure-
ment quantity objectives, in the establishment and approval 
of military requirements’’; and 
(2) in paragraph (3), by striking ‘‘such resource level’’ and 
inserting ‘‘the total cost of such resources’’. 
(c) AMENDMENTS RELATED
TO CHIEFS
OF ARMED FORCES.— 
Section 2547(a) of such title is amended— 
(1) in paragraph (1), by striking ‘‘of requirements relating 
to the defense acquisition system’’ and inserting ‘‘of require-
ments for equipping the armed force concerned’’; 
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126 STAT. 1892 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) by redesignating paragraphs (3) and (4) as paragraphs 
(5) and (6), respectively; and 
(3) by inserting after paragraph (2) the following new para-
graphs: 
‘‘(3) The recommendation of trade-offs among life-cycle cost, 
schedule, 
and 
performance 
objectives, 
and 
procurement 
quantity objectives, to ensure acquisition programs deliver best 
value in meeting the approved military requirements. 
‘‘(4) Termination of development or procurement programs 
for which life-cycle cost, schedule, and performance expectations 
are no longer consistent with approved military requirements 
and levels of priority, or which no longer have approved military 
requirements.’’. 
SEC. 952. ENHANCEMENT OF RESPONSIBILITIES OF THE CHAIRMAN 
OF THE JOINT CHIEFS OF STAFF REGARDING THE 
NATIONAL MILITARY STRATEGY. 
(a) IN GENERAL.—Subsection (b) of section 153 of title 10, 
United States Code, is amended to read as follows: 
‘‘(b) NATIONAL MILITARY STRATEGY.— 
‘‘(1) NATIONAL
MILITARY
STRATEGY.—(A) The Chairman 
shall determine each even-numbered year whether to prepare 
a new National Military Strategy in accordance with this 
subparagraph or to update a strategy previously prepared in 
accordance with this subsection. The Chairman shall complete 
preparation of the National Military Strategy or update in 
time for transmittal to Congress pursuant to paragraph (3), 
including in time for inclusion of the report of the Secretary 
of Defense, if any, under paragraph (4). 
‘‘(B) Each National Military Strategy (or update) under 
this paragraph shall be based on a comprehensive review con-
ducted by the Chairman in conjunction with the other members 
of the Joint Chiefs of Staff and the commanders of the unified 
and specified combatant commands. 
‘‘(C) Each National Military Strategy (or update) submitted 
under this paragraph shall describe how the military will 
achieve the objectives of the United States as articulated in— 
‘‘(i) the most recent National Security Strategy pre-
scribed by the President pursuant to section 108 of the 
National Security Act of 1947 (50 U.S.C. 404a); 
‘‘(ii) the most recent annual report of the Secretary 
of Defense submitted to the President and Congress pursu-
ant to section 113 of this title; 
‘‘(iii) the most recent Quadrennial Defense Review con-
ducted by the Secretary of Defense pursuant to section 
118 of this title; and 
‘‘(iv) any other national security or defense strategic 
guidance issued by the President or the Secretary of 
Defense. 
‘‘(D) Each National Military Strategy (or update) submitted 
under this paragraph shall identify— 
‘‘(i) the United States military objectives and the rela-
tionship of those objectives to the strategic environment 
and to the threats required to be described under subpara-
graph (E); 
Determination. 
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126 STAT. 1893 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(ii) the operational concepts, missions, tasks, or activi-
ties necessary to support the achievement of the objectives 
identified under clause (i); 
‘‘(iii) the fiscal, budgetary, and resource environments 
and conditions that, in the assessment of the Chairman, 
affect the strategy; and 
‘‘(iv) the assumptions made with respect to each of 
clauses (i) through (iii). 
‘‘(E) Each National Military Strategy (or update) submitted 
under this paragraph shall also include a description of— 
‘‘(i) the strategic environment and the opportunities 
and challenges that affect United States national interests 
and United States national security; 
‘‘(ii) the threats, such as international, regional, 
transnational, hybrid, terrorism, cyber attack, weapons of 
mass destruction, asymmetric challenges, and any other 
categories of threats identified by the Chairman, to the 
United States national security; 
‘‘(iii) the implications of current force planning and 
sizing constructs for the strategy; 
‘‘(iv) the capacity, capabilities, and availability of 
United States forces (including both the active and reserve 
components) to support the execution of missions required 
by the strategy; 
‘‘(v) areas in which the armed forces intends to engage 
and synchronize with other departments and agencies of 
the United States Government contributing to the execu-
tion of missions required by the strategy; 
‘‘(vi) areas in which the armed forces could be aug-
mented by contributions from alliances (such as the North 
Atlantic Treaty Organization), international allies, or other 
friendly nations in the execution of missions required by 
the strategy; 
‘‘(vii) the requirements for operational contractor sup-
port to the armed forces for conducting security force assist-
ance training, peacekeeping, overseas contingency oper-
ations, and other major combat operations under the 
strategy; and 
‘‘(viii) the assumptions made with respect to each of 
clauses (i) through (vii). 
‘‘(F) Each update to a National Military Strategy under 
this paragraph shall address only those parts of the most 
recent National Military Strategy for which the Chairman 
determines, on the basis of a comprehensive review conducted 
in conjunction with the other members of the Joint Chiefs 
of Staff and the commanders of the combatant commands, 
that a modification is needed. 
‘‘(2) RISK ASSESSMENT.—(A) The Chairman shall prepare 
each year an assessment of the risks associated with the most 
current National Military Strategy (or update) under paragraph 
(1). The risk assessment shall be known as the ‘Risk Assess-
ment of the Chairman of the Joint Chiefs of Staff’. The Chair-
man shall complete preparation of the Risk Assessment in 
time for transmittal to Congress pursuant to paragraph (3), 
including in time for inclusion of the report of the Secretary 
of Defense, if any, under paragraph (4). 
‘‘(B) The Risk Assessment shall do the following: 
Deadline. 
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126 STAT. 1894 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(i) As the Chairman considers appropriate, update 
any changes to the strategic environment, threats, objec-
tives, force planning and sizing constructs, assessments, 
and assumptions that informed the National Military 
Strategy required by this section. 
‘‘(ii) Identify and define the strategic risks to United 
States interests and the military risks in executing the 
missions of the National Military Strategy. 
‘‘(iii) Identify and define levels of risk distinguishing 
between the concepts of probability and consequences, 
including an identification of what constitutes ‘significant’ 
risk in the judgment of the Chairman. 
‘‘(iv)(I) Identify and assess risk in the National Military 
Strategy by category and level and the ways in which 
risk might manifest itself, including how risk is projected 
to increase, decrease, or remain stable over time; and 
‘‘(II) for each category of risk, assess the extent to 
which current or future risk increases, decreases, or is 
stable as a result of budgetary priorities, tradeoffs, or fiscal 
constraints or limitations as currently estimated and 
applied in the most current future-years defense program 
under section 221 of this title. 
‘‘(v) Identify and assess risk associated with the 
assumptions or plans of the National Military Strategy 
about the contributions or support of— 
‘‘(I) other departments and agencies of the United 
States Government (including their capabilities and 
availability); 
‘‘(II) alliances, allies, and other friendly nations 
(including their capabilities, availability, and interoper-
ability); and 
‘‘(III) contractors. 
‘‘(vi) Identify and assess the critical deficiencies and 
strengths in force capabilities (including manpower, logis-
tics, intelligence, and mobility support) identified during 
the preparation and review of the contingency plans of 
each unified combatant command, and identify and assess 
the effect of such deficiencies and strengths for the National 
Military Strategy. 
‘‘(3) SUBMITTAL OF NATIONAL MILITARY STRATEGY AND RISK 
ASSESSMENT TO CONGRESS.—(A) Not later than February 15 
of each even-numbered year, the Chairman shall, through the 
Secretary of Defense, submit to the Committees on Armed 
Services of the Senate and the House of Representatives the 
National Military Strategy or update, if any, prepared under 
paragraph (1) in such year. 
‘‘(B) Not later than February 15 each year, the Chairman 
shall, through the Secretary of Defense, submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives the Risk Assessment prepared under paragraph 
(2) in such year. 
‘‘(4) SECRETARY OF DEFENSE REPORTS TO CONGRESS.—(A) 
In transmitting a National Military Strategy (or update) or 
Risk Assessment to Congress pursuant to paragraph (3), the 
Secretary of Defense shall include in the transmittal such com-
ments of the Secretary thereon, if any, as the Secretary con-
siders appropriate. 
Deadlines. 
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126 STAT. 1895 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(B) If the Risk Assessment transmitted under paragraph 
(3) in a year includes an assessment that a risk or risks 
associated with the National Military Strategy (or update) are 
significant, or that critical deficiencies in force capabilities exist 
for a contingency plan described in paragraph (2)(B)(vi), the 
Secretary shall include in the transmittal of the Risk Assess-
ment the plan of the Secretary for mitigating such risk or 
deficiency. A plan for mitigating risk of deficiency under this 
subparagraph shall— 
‘‘(i) address the risk assumed in the National Military 
Strategy (or update) concerned, and the additional actions 
taken or planned to be taken to address such risk using 
only current technology and force structure capabilities; 
and 
‘‘(ii) specify, for each risk addressed, the extent of, 
and a schedule for expected mitigation of, such risk, and 
an assessment of the potential for residual risk, if any, 
after mitigation.’’. 
(b) 
CONFORMING
AMENDMENT.—Such 
section 
is 
further 
amended by striking subsection (d). 
SEC. 
953. 
ONE-YEAR 
EXTENSION 
OF 
AUTHORITY 
TO 
WAIVE 
REIMBURSEMENT OF COSTS OF ACTIVITIES FOR NON-
GOVERNMENTAL 
PERSONNEL 
AT 
DEPARTMENT 
OF 
DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES. 
Paragraph (1) of section 941(b) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 10 U.S.C. 184 note) is amended by striking ‘‘through 2012’’ 
and inserting ‘‘through 2013’’. 
SEC. 954. NATIONAL LANGUAGE SERVICE CORPS. 
(a) CHARTER FOR NATIONAL LANGUAGE SERVICE CORPS.—The 
David L. Boren National Security Education Act of 1991 (50 U.S.C. 
1901 et seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. 
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense may estab-
lish and maintain within the Department of Defense a National 
Language Service Corps (in this section referred to as the ‘Corps’). 
‘‘(2) The purpose of the Corps is to provide a pool of nongovern-
mental personnel with foreign language skills who, as provided 
in regulations prescribed under this section, agree to provide foreign 
language services to the Department of Defense or another depart-
ment or agency of the United States. 
‘‘(b) NATIONAL SECURITY EDUCATION BOARD.—If the Secretary 
establishes the Corps, the Secretary shall provide for the National 
Security Education Board to oversee and coordinate the activities 
of the Corps to such extent and in such manner as determined 
by the Secretary under paragraph (9) of section 803(d). 
‘‘(c) MEMBERSHIP.—To be eligible for membership in the Corps, 
a person must be a citizen of the United States authorized by 
law to be employed in the United States, have attained the age 
of 18 years, and possess such foreign language skills as the Sec-
retary considers appropriate for membership in the Corps. 
‘‘(d) TRAINING.—The Secretary may provide members of the 
Corps such training as the Secretary prescribes for purposes of 
this section. 
50 USC 1913. 
Plans. 
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126 STAT. 1896 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(e) SERVICE.—Upon a determination that it is in the national 
interests of the United States, the Secretary shall call upon mem-
bers of the Corps to provide foreign language services to the Depart-
ment of Defense or another department or agency of the United 
States. If a member of the Corps is, as of the time of such determina-
tion, employed by or performing under a contract for an element 
of another Federal agency, the Secretary shall first obtain the 
concurrence of the head of that agency. 
‘‘(f) FUNDING.—The Secretary may impose fees, in amounts 
up to full-cost recovery, for language services and technical assist-
ance rendered by members of the Corps. Amounts of fees received 
under this section shall be credited to the account of the Department 
providing funds for any costs incurred by the Department in connec-
tion with the Corps. Amounts so credited to such account shall 
be merged with amounts in such account, and shall be available 
to the same extent, and subject to the same conditions and limita-
tions, as amounts in such account. Any amounts so credited shall 
remain available until expended.’’. 
(b) NATIONAL SECURITY EDUCATION BOARD MATTERS.— 
(1) COMPOSITION.—Subsection (b) of section 803 of such 
Act (50 U.S.C. 1903) is amended— 
(A) by striking paragraph (5); 
(B) by redesignating paragraphs (6) and (7) as para-
graphs (8) and (9), respectively; and 
(C) by inserting after paragraph (4) the following new 
paragraphs: 
‘‘(5) The Secretary of Homeland Security. 
‘‘(6) The Secretary of Energy. 
‘‘(7) The Director of National Intelligence.’’. 
(2) FUNCTIONS.—Subsection (d) of such section is amended 
by adding at the end the following new paragraph: 
‘‘(9) To the extent provided by the Secretary of Defense, 
oversee and coordinate the activities of the National Language 
Service Corps under section 813, including— 
‘‘(A) assessing on a periodic basis whether the Corps 
is addressing the needs identified by the heads of depart-
ments and agencies of the Federal Government for per-
sonnel with skills in various foreign languages; 
‘‘(B) recommending plans for the Corps to address for-
eign language shortfalls and requirements of the depart-
ments and agencies of the Federal Government; 
‘‘(C) recommending effective ways to increase public 
awareness of the need for foreign languages skills and 
career paths in the Federal Government that use those 
skills; and 
‘‘(D) overseeing the Corps efforts to work with Execu-
tive agencies and State and Local governments to respond 
to interagency plans and agreements to address overall 
foreign language shortfalls and to utilize personnel to 
address the various types of crises that warrant foreign 
language skills.’’. 
SEC. 955. SAVINGS TO BE ACHIEVED IN CIVILIAN PERSONNEL 
WORKFORCE AND SERVICE CONTRACTOR WORKFORCE OF 
THE DEPARTMENT OF DEFENSE. 
(a) REQUIRED PLAN.— 
10 USC 129a 
note. 
Determination. 
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126 STAT. 1897 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) IN GENERAL.—The Secretary of Defense shall ensure 
that the civilian personnel workforce and service contractor 
workforce of the Department of Defense are appropriately sized 
to support and execute the National Military Strategy, taking 
into account military personnel and force structure levels. Not 
later than 90 days after the date of the enactment of this 
Act, the Secretary of Defense shall develop and begin to execute 
an efficiencies plan for the civilian personnel workforce and 
service contractor workforce of the Department of Defense. 
(2) CONSISTENCY WITH OTHER POLICIES AND PROCEDURES.— 
The Secretary shall ensure the plan required under this sub-
section is consistent with the policies and procedures required 
under section 129a of title 10, United States Code, as imple-
mented under the policies issued by the Under Secretary of 
Defense for Personnel and Readiness for determining the most 
appropriate and cost-efficient mix of military, civilian, and 
service contractor personnel to perform the missions of the 
Department of Defense. 
(b) SAVINGS.—The plan required under subsection (a) shall 
achieve savings in the total funding for each workforce covered 
by such plan over the period from fiscal year 2012 through fiscal 
year 2017 that are not less, as a percentage of such funding, 
than the savings in funding for basic military personnel pay 
achieved from reductions in military end strengths over the same 
period of time. 
(c) EXCLUSIONS.—In developing and implementing the plan 
required by subsection (a) and achieving the savings percentages 
required by subsection (b), the Secretary of Defense may exclude 
expenses related to the performance of functions identified as core 
or critical to the mission of the Department, consistent with the 
workload analysis and risk assessments required by sections 129 
and 129a of title 10, United States Code. In making a determination 
of core or critical functions, the Secretary shall consider at least 
the following: 
(1) Civilian personnel expenses for personnel as follows: 
(A) Personnel in Mission Critical Occupations, as 
defined by the Civilian Human Capital Strategic Plan of 
the Department of Defense and the Acquisition Workforce 
Plan of the Department of Defense. 
(B) Personnel employed at facilities providing core 
logistics capabilities pursuant to section 2464 of title 10, 
United States Code. 
(C) Personnel in the Offices of the Inspectors General 
of the Department of Defense. 
(2) Service contractor expenses for personnel as follows: 
(A) Personnel performing maintenance and repair of 
military equipment. 
(B) Personnel providing medical services. 
(C) Personnel performing financial audit services. 
(3) Personnel expenses for personnel in the civilian per-
sonnel workforce or service contractor workforce performing 
such other critical functions as may be identified by the Sec-
retary as requiring exemption in the interest of the national 
defense. 
(d) REPORTS.— 
(1) INITIAL REPORT.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense 
Deadline. 
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126 STAT. 1898 
PUBLIC LAW 112–239—JAN. 2, 2013 
shall submit to the congressional defense committees a report 
including a comprehensive description of the plan required 
by subsection (a). 
(2) STATUS
REPORTS.—As part of the budget submitted 
by the President to Congress for each of fiscal years 2015 
through 2018, the Secretary shall include a report describing 
the implementation of the plan during the prior fiscal year 
and any modifications to the plan required due to changing 
circumstances. Each such report shall include a summary of 
the savings achieved in such prior fiscal year through reduc-
tions in the military, civilian, and service contractor personnel 
workforces, and the number of military, civilian, and service 
contractor personnel reduced. In any case in which savings 
fall short of the annual target, the report shall include an 
explanation of the reasons for such shortfall. 
(3) EXCLUSIONS.—Each report under paragraphs (1) and 
(2) shall specifically identify any exclusion granted by the Sec-
retary under subsection (c) in the period of time covered by 
the report. 
(e) LIMITATION ON TRANSFERS OF FUNCTIONS.—The Secretary 
shall ensure that the savings required by this section are not 
achieved through unjustified transfers of functions between or 
among the military, civilian, and service contractor personnel 
workforces of the Department of Defense. Nothing in this section 
shall be construed to preclude the Secretary from exercising 
authority available to the Department under sections 129a, 2330a, 
2461, and 2463 of title 10, United States Code. 
(f) SENSE OF CONGRESS.—It is the sense of Congress that an 
amount equal to 30 percent of the amount of the reductions in 
appropriated funds attributable to reduced budgets for the civilian 
and service contractor workforces of the Department by reason 
of the plan required by subsection (a) should be made available 
for costs of assisting military personnel separated from the Armed 
Forces in the transition from military service. 
(g) SERVICE CONTRACTOR WORKFORCE DEFINED.—In this sec-
tion, the term ‘‘service contractor workforce’’ means contractor 
employees performing contract services, as defined in section 
2330(c)(2) of title 10, United States Code, other than contract serv-
ices that are funded out of amounts available for overseas contin-
gency operations. 
(h) COMPTROLLER GENERAL REVIEW AND REPORT.—For each 
fiscal year from fiscal year 2015 through fiscal year 2018, the 
Comptroller General of the United States shall review the status 
reports submitted by the Secretary as required by subsection (d)(2) 
to determine whether the savings required by subsection (b) are 
being achieved in the civilian personnel workforce and the service 
contractor workforce and whether the plan required under sub-
section (a) is being implemented consistent with sourcing and 
workforce management laws, including sections 129, 129a, 2330a, 
2461, and 2463 of title 10, United States Code. The Comptroller 
General shall submit a report on the findings of each review to 
the congressional defense committees not later than 120 days after 
the end of each fiscal year covered by this subsection. 
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126 STAT. 1899 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 956. EXPANSION OF PERSONS ELIGIBLE FOR EXPEDITED FED-
ERAL HIRING FOLLOWING COMPLETION OF NATIONAL 
SECURITY EDUCATION PROGRAM SCHOLARSHIP. 
Section 802(k) of the David L. Boren National Security Edu-
cation Act of 1991 (50 U.S.C. 1902(k)) is amended to read as 
follows: 
‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 
‘‘(1) APPOINTMENT AUTHORITY.—The Secretary of Defense, 
the Secretary of Homeland Security, the Secretary of State, 
or the head of a Federal agency or office identified by the 
Secretary of Defense under subsection (g) as having national 
security responsibilities— 
‘‘(A) may, without regard to any provision of title 5, 
United States Code, governing appointments in the 
competitive service, appoint an eligible program partici-
pant— 
‘‘(i) to a position in the excepted service that is 
certified by the Secretary of Defense under clause (i) 
of subsection (b)(2)(A) as contributing to the national 
security of the United States; or 
‘‘(ii) subject to clause (ii) of such subsection, to 
a position in the excepted service in such Federal 
agency or office identified by the Secretary; and 
‘‘(B) may, upon satisfactory completion of two years 
of substantially continuous service by an incumbent who 
was appointed to an excepted service position under the 
authority of subparagraph (A), convert the appointment 
of such individual, without competition, to a career or 
career-conditional appointment. 
‘‘(2) TREATMENT OF CERTAIN SERVICE.—In the case of an 
eligible program participant described in clause (ii) or (iii) of 
paragraph (3)(C) who receives an appointment under paragraph 
(1)(A), the head of a Department or Federal agency or office 
referred to in paragraph (1) may count any period that the 
individual served in a position with the Federal Government 
toward satisfaction of the service requirement under paragraph 
(1)(B) if that service— 
‘‘(A) in the case of an appointment under clause (i) 
of paragraph (1)(A), was in a position that is identified 
under clause (i) of subsection (b)(2)(A) as contributing to 
the national security of the United States; or 
‘‘(B) in the case of an appointment under clause (ii) 
of paragraph (1)(A), was in the Federal agency or office 
in which the appointment under that clause is made. 
‘‘(3) ELIGIBLE PROGRAM PARTICIPANT DEFINED.—In this sub-
section, the term ‘eligible program participant’ means an indi-
vidual who— 
‘‘(A) has successfully completed an academic program 
for which a scholarship or fellowship under this section 
was awarded; 
‘‘(B) has not previously been appointed to the excepted 
service position under paragraph (1)(A); and 
‘‘(C) at the time of the appointment of the individual 
to an excepted service position under paragraph (1)(A)— 
‘‘(i) under the terms of the agreement for such 
scholarship or fellowship, owes a service commitment 
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126 STAT. 1900 
PUBLIC LAW 112–239—JAN. 2, 2013 
to a Department or Federal agency or office referred 
to in paragraph (1); 
‘‘(ii) is employed by the Federal Government under 
a non-permanent appointment to a position in the 
excepted service that has national security responsibil-
ities; or 
‘‘(iii) is a former civilian employee of the Federal 
Government who has less than a one-year break in 
service from the last period of Federal employment 
of such individual in a non-permanent appointment 
in the excepted service with national security respon-
sibilities.’’. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Budgetary effects of this Act. 
Sec. 1003. Sense of Congress on notice to Congress on unfunded priorities. 
Sec. 1004. Authority to transfer funds to the National Nuclear Security Adminis-
tration to sustain nuclear weapons modernization. 
Sec. 1005. Audit readiness of Department of Defense statements of budgetary re-
sources. 
Sec. 1006. Report on balances carried forward by the Department of Defense at the 
end of fiscal year 2012. 
Sec. 1007. Report on elimination and streamlining of reporting requirements, 
thresholds, and statutory and regulatory requirements resulting from 
unqualified audit opinion of Department of Defense financial state-
ments. 
Subtitle B—Counter-Drug Activities 
Sec. 1008. Extension of the authority to establish and operate National Guard 
counterdrug schools. 
Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and Counter- 
Drug Activities, Defense-wide account. 
Sec. 1010. Extension of authority to support unified counter-drug and counterter-
rorism campaign in Colombia. 
Sec. 1011. Extension of authority for joint task forces to provide support to law en-
forcement agencies conducting counter-terrorism activities. 
Sec. 1012. Requirement for biennial certification on provision of support for 
counter-drug activities to certain foreign governments. 
Subtitle C—Naval Vessels and Shipyards 
Sec. 1013. Policy relating to major combatant vessels of the strike forces of the 
United States Navy. 
Sec. 1014. Limitation on availability of funds for delayed annual naval vessel con-
struction plan. 
Sec. 1015. Retirement of naval vessels. 
Sec. 1016. Termination of a Maritime Prepositioning Ship squadron. 
Sec. 1017.
Sense of Congress on recapitalization for the Navy and Coast Guard. 
Sec. 1018. Notice to Congress for the review of proposals to name naval vessels. 
Subtitle D—Counterterrorism 
Sec. 1021. Extension of authority to make rewards for combating terrorism. 
Sec. 1022. Prohibition on use of funds to construct or modify facilities in the United 
States to house detainees transferred from United States Naval Station, 
Guantanamo Bay, Cuba. 
Sec. 1023. Report on recidivism of individuals detained at United States Naval Sta-
tion, Guantanamo Bay, Cuba, who have been transferred to foreign 
countries. 
Sec. 1024. Notice and report on use of naval vessels for detention of individuals 
captured outside Afghanistan pursuant to the Authorization for Use of 
Military Force. 
Sec. 1025. Notice required prior to transfer of certain individuals detained at the 
Detention Facility at Parwan, Afghanistan. 
Sec. 1026. Report on recidivism of individuals formerly detained at the Detention 
Facility at Parwan, Afghanistan. 
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126 STAT. 1901 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 1027. Prohibition on the use of funds for the transfer or release of individuals 
detained at United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1028. Requirements for certifications relating to the transfer of detainees at 
United States Naval Station, Guantanamo Bay, Cuba, to foreign coun-
tries and other foreign entities. 
Sec. 1029. Rights Unaffected. 
Subtitle E—Nuclear Forces 
Sec. 1031. Nuclear weapons employment strategy of the United States. 
Sec. 1032. Progress of modernization. 
Sec. 1033. Report in the event of insufficient funding for modernization of nuclear 
weapons stockpile. 
Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile reductions. 
Sec. 1035. Strategic delivery systems. 
Sec. 1036. Consideration of expansion of nuclear forces of other countries. 
Sec. 1037. Nonstrategic nuclear weapon reductions and extended deterrence policy. 
Sec. 1038. Unilateral change in nuclear weapons stockpile of the United States. 
Sec. 1039. Expansion of duties and responsibilities of the Nuclear Weapons Coun-
cil. 
Sec. 1040. Interagency Council on the Strategic Capability of the National Labora-
tories. 
Sec. 1041. Cost estimates for nuclear weapons. 
Sec. 1042. Prior notification with regard to retirement of strategic delivery systems. 
Sec. 1043. Report on nuclear warheads on intercontinental ballistic missiles of the 
United States. 
Sec. 1044. Requirements for combined or interoperable warhead for certain missile 
systems. 
Sec. 1045. Reports on capability of conventional and nuclear forces against certain 
tunnel sites and on nuclear weapons program of the People’s Republic 
of China. 
Sec. 1046. Report on conventional and nuclear forces in the Western Pacific region. 
Subtitle F—Miscellaneous Authorities and Limitations 
Sec. 1051. Expansion of authority of the Secretary of the Army to loan or donate 
excess non-automatic service rifles for funeral and other ceremonial pur-
poses. 
Sec. 1052. Interagency collaboration on unmanned aircraft systems. 
Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected vehicles 
and spare parts. 
Sec. 1054. Notice to Congress of certain Department of Defense nondisclosure 
agreements. 
Sec. 1055. Extension of authority to provide assured business guarantees to car-
riers participating in Civil Reserve Air Fleet. 
Sec. 1056. Authority for short-term extension of lease for aircraft supporting the 
Blue Devil intelligence, surveillance, and reconnaissance program. 
Sec. 1057. Rule of construction relating to prohibition on infringing on the indi-
vidual right to lawfully acquire, possess, own, carry, and otherwise use 
privately owned firearms, ammunition, and other weapons. 
Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center. 
Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift aircraft for 
general support and time sensitive/mission critical direct support airlift 
missions of the Department of Defense. 
Subtitle G—Studies and Reports 
Sec. 1061. Electronic warfare strategy of the Department of Defense. 
Sec. 1062. Report on counterproliferation capabilities and limitations. 
Sec. 1063. Report on strategic airlift aircraft. 
Sec. 1064. Repeal of biennial report on the Global Positioning System. 
Sec. 1065. Improvements to reports required on acquisition of technology relating 
to weapons of mass destruction and the threat posed by weapons of 
mass destruction, ballistic missiles, and cruise missiles. 
Sec. 1066. Report on force structure of the United States Army. 
Sec. 1067. Report on planned efficiency initiatives at Space and Naval Warfare Sys-
tems Command. 
Sec. 1068. Report on military resources necessary to execute United States Force 
Posture Strategy in the Asia Pacific Region. 
Sec. 1069. Rialto-Colton Basin, California, water resources study. 
Sec. 1070. Reports on the potential security threat posed by Boko Haram. 
Sec. 1071. Study on the ability of national test and evaluation capabilities to sup-
port the maturation of hypersonic technologies for future defense sys-
tems development. 
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126 STAT. 1902 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle H—Other Matters 
Sec. 1076. Technical and clerical amendments. 
Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its 20th an-
niversary. 
Sec. 1078. Dissemination abroad of information about the United States. 
Sec. 1079. Coordination for computer network operations. 
Sec. 1080. Sense of Congress regarding unauthorized disclosures of classified infor-
mation. 
Sec. 1081. Technical amendments to repeal statutory references to United States 
Joint Forces Command. 
Sec. 1082. Sense of Congress on non-United States citizens who are graduates of 
United States educational institutions with advanced degrees in science, 
technology, engineering, and mathematics. 
Sec. 1083. Scientific framework for recalcitrant cancers. 
Sec. 1084. Protection of veterans’ memorials. 
Sec. 1085. Sense of Congress regarding spectrum. 
Sec. 1086. Public Safety Officers’ Benefits Program. 
Sec. 1087. Removal of action. 
Sec. 1088. Transport for female genital mutilation. 
Sec. 1089. Amendments to law enforcement officer safety provisions of title 18. 
Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire suppression pur-
poses. 
Sec. 1091. Transfer of excess aircraft to other departments of the Federal Govern-
ment. 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the Secretary of 
Defense that such action is necessary in the national interest, 
the Secretary may transfer amounts of authorizations made 
available to the Department of Defense in this division for 
fiscal year 2013 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of authorizations 
so transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) LIMITATION.—Except as provided in paragraph (3), the 
total amount of authorizations that the Secretary may transfer 
under 
the 
authority 
of 
this 
section 
may 
not 
exceed 
$4,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN
MILITARY
PER-
SONNEL AUTHORIZATIONS.—A transfer of funds between military 
personnel authorizations under title IV shall not be counted 
toward the dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by subsection (a) to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(2) may not be used to provide authority for an item that 
has been denied authorization by Congress. 
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made 
from one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the account 
to which the amount is transferred by an amount equal to the 
amount transferred. 
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 
Congress of each transfer made under subsection (a). 
Determinations. 
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126 STAT. 1903 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 
The budgetary effects of this Act, for the purposes of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, jointly submitted for printing 
in the Congressional Record by the Chairmen of the House and 
Senate Budget Committees, provided that such statement has been 
submitted prior to the vote on passage in the House acting first 
on the conference report or amendment between the Houses. 
SEC. 1003. SENSE OF CONGRESS ON NOTICE TO CONGRESS ON 
UNFUNDED PRIORITIES. 
It is the sense of Congress that— 
(1) not later than 45 days after the submittal to Congress 
of the budget for a fiscal year under section 1105(a) of title 
31, United States Code, each officer specified in paragraph 
(2) should, through the Chairman of the Joint Chiefs of Staff 
and the Secretary of Defense, submit to the congressional 
defense committees a list of any priority military programs 
or activities under the jurisdiction of such officer for which, 
in the estimate of such officer additional funds, if available, 
would substantially reduce operational or programmatic risk 
or accelerate the creation or fielding of a critical military capa-
bility; 
(2) the officers specified in this paragraph are— 
(A) the Chief of Staff of the Army; 
(B) the Chief of Naval Operations; 
(C) the Chief of Staff of the Air Force; 
(D) the Commandant of the Marine Corps; and 
(E) the Commander of the United States Special Oper-
ations Command; and 
(3) each list, if any, under paragraph (1) should set forth 
for each military program or activity on such list— 
(A) a description of such program or activity; 
(B) a summary description of the justification for or 
objectives of additional funds, if available for such program 
or activity; and 
(C) the additional amount of funds recommended in 
connection with the justification or objectives described 
for such program or activity under subparagraph (B). 
SEC. 1004. AUTHORITY TO TRANSFER FUNDS TO THE NATIONAL 
NUCLEAR 
SECURITY 
ADMINISTRATION 
TO 
SUSTAIN 
NUCLEAR WEAPONS MODERNIZATION. 
(a) TRANSFER AUTHORIZED.—If the amount authorized to be 
appropriated for the weapons activities of the National Nuclear 
Security Administration for fiscal year 2013 in section 3101 is 
less than $7,900,000,000 (the amount projected to be required for 
such activities in fiscal year 2013 as specified in the report under 
section 1251 of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 2549)), the Secretary 
of Defense may transfer, from amounts authorized to be appro-
priated for the Department of Defense for fiscal year 2013 pursuant 
to this Act, to the Secretary of Energy an amount, not to exceed 
$150,000,000, to be available only for weapons activities of the 
National Nuclear Security Administration. 
Deadline. 
Lists. 
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126 STAT. 1904 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) NOTICE TO CONGRESS.—In the event of a transfer under 
subsection (a), the Secretary of Defense shall promptly notify Con-
gress of the transfer, and shall include in such notice the Depart-
ment of Defense account or accounts from which funds are trans-
ferred. 
(c) TRANSFER MECHANISM.—Any funds transferred under this 
section shall be transferred in accordance with established proce-
dures for reprogramming under section 1001 or successor provisions 
of law. 
(d) CONSTRUCTION OF AUTHORITY.—The transfer authority pro-
vided under subsection (a) is in addition to any other transfer 
authority provided under this Act. 
SEC. 1005. AUDIT READINESS OF DEPARTMENT OF DEFENSE STATE-
MENTS OF BUDGETARY RESOURCES. 
(a) OBJECTIVE.—Section 1003(a)(2)(A)(ii) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2439; 10 U.S.C. 2222 note) is amended by inserting 
‘‘, and the statement of budgetary resources of the Department 
of Defense is validated as ready for audit by not later than Sep-
tember 30, 2014’’ after ‘‘September 30, 2017’’. 
(b) AFFORDABLE AND SUSTAINABLE APPROACH.— 
(1) IN GENERAL.—The Chief Management Officer of the 
Department of Defense and the Chief Management Officers 
of each of the military departments shall ensure that plans 
to achieve an auditable statement of budgetary resources of 
the Department of Defense by September 30, 2014, include 
appropriate steps to minimize one-time fixes and manual work- 
arounds, are sustainable and affordable, and will not delay 
full auditability of financial statements. 
(2) ADDITIONAL
ELEMENTS
IN
FIAR
PLAN
REPORT.—Each 
semi-annual report on the Financial Improvement and Audit 
Readiness Plan of the Department of Defense submitted by 
the Under Secretary of Defense (Comptroller) under section 
1003(b) of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 2439; 10 U.S.C. 2222 
note) during the period beginning on the date of the enactment 
of this Act and ending on September 30, 2014, shall include 
the following: 
(A) A description of the actions taken by the military 
departments pursuant to paragraph (1). 
(B) A determination by the Chief Management Officer 
of each military department whether or not such military 
department is able to achieve an auditable statement of 
budgetary resources by September 30, 2014, without an 
unaffordable or unsustainable level of one-time fixes and 
manual work-arounds and without delaying the full 
auditability of the financial statements of such military 
department. 
(C) If the Chief Management Officer of a military 
department determines under subparagraph (B) that the 
military department is not able to achieve an auditable 
statement of budgetary resources by September 30, 2014, 
as described in that subparagraph— 
(i) an explanation why the military department 
is unable to meet the deadline; 
Time period. 
10 USC 2222 
note. 
Deadline. 
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126 STAT. 1905 
PUBLIC LAW 112–239—JAN. 2, 2013 
(ii) an alternative deadline by which the military 
department will achieve an auditable statement of 
budgetary resources; and 
(iii) a description of the plan of the military depart-
ment for meeting the alternative deadline. 
SEC. 1006. REPORT ON BALANCES CARRIED FORWARD BY THE DEPART-
MENT OF DEFENSE AT THE END OF FISCAL YEAR 2012. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to Congress, and 
publish on the Internet website of the Department of Defense 
available to the public, the following: 
(1) The total dollar amount of all balances carried forward 
by the Department of Defense at the end of fiscal year 2012 
by account. 
(2) The total dollar amount of all unobligated balances 
carried forward by the Department of Defense at the end of 
fiscal year 2012 by account. 
(3) The total dollar amount of any balances (both obligated 
and unobligated) that have been carried forward by the Depart-
ment of Defense for five years or more as of the end of fiscal 
year 2012 by account. 
SEC. 
1007. 
REPORT 
ON 
ELIMINATION 
AND 
STREAMLINING 
OF 
REPORTING REQUIREMENTS, THRESHOLDS, AND STATU-
TORY AND REGULATORY REQUIREMENTS RESULTING 
FROM UNQUALIFIED AUDIT OPINION OF DEPARTMENT OF 
DEFENSE FINANCIAL STATEMENTS. 
Not later than 180 days after the date of the enactment of 
this Act, the Under Secretary of Defense (Comptroller) shall submit 
to the congressional defense committees a report setting forth, 
in the opinion of the Under Secretary, the following: 
(1) A list of reports currently required by law to be sub-
mitted by the Department of Defense to Congress that would 
be no longer necessary if the financial statements of the Depart-
ment of Defense were audited with an unqualified opinion. 
(2) A list of each statutory and regulatory requirement 
that would be no longer necessary if the financial statements 
of the Department of defense were audited with an unqualified 
opinion. 
(3) A list of each statutory and regulatory requirement 
that could be revised and streamlined if the financial statement 
of the Department of Defense were audited with an unqualified 
opinion. 
Subtitle B—Counter-Drug Activities 
SEC. 1008. EXTENSION OF THE AUTHORITY TO ESTABLISH AND 
OPERATE NATIONAL GUARD COUNTERDRUG SCHOOLS. 
Section 901 of the Office of National Drug Control Policy 
Reauthorization Act of 2006 (Public Law 109–469; 120 Stat. 3536; 
32 U.S.C. 112 note) is amended— 
(1) in subsection (c)— 
(A) by striking paragraph (1) and redesignating para-
graphs (2) through (5) as paragraphs (1) through (4), 
respectively; and 
(B) by adding at the end the following new paragraph: 
Lists. 
Web posting. 
Public 
information. 
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126 STAT. 1906 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(5) The Western Regional Counterdrug Training Center, 
Camp Murray, Washington.’’; 
(2) by striking subsection (f) and inserting the following 
new subsection (f): 
‘‘(f) ANNUAL REPORT ON ACTIVITIES.—Not later than February 
1 each year, the Secretary of Defense shall submit to Congress 
a report on the activities of the National Guard counterdrug schools 
during the preceding year. Each such report shall set forth a 
description of the activities of each National Guard counterdrug 
school for the fiscal year preceding the fiscal year during which 
the report is submitted, including— 
‘‘(1) the amount of funding made available and the appro-
priation account for each National Guard counterdrug school 
during such fiscal year; 
‘‘(2) the cumulative amount of funding made available for 
each National Guard counterdrug school during five fiscal years 
preceding such fiscal year; 
‘‘(3) a description of the curriculum and training used at 
each National Guard counterdrug school; 
‘‘(4) a description of how the activities conducted at each 
National Guard counterdrug school fulfilled Department of 
Defense counterdrug mission; 
‘‘(5) a list of the entities described in subsection (b) whose 
personnel received training at each National Guard counterdrug 
school; and 
‘‘(6) updates, if any, to the Department of Defense regula-
tions prescribed under subsection (a).’’; and 
(3) in subsection (g)— 
(A) in paragraph (1), by striking ‘‘There is hereby 
authorized’’ and all that follows through ‘‘such fiscal year’’ 
and inserting the following: ‘‘Not more than $30,000,000 
may be expended by the Secretary of Defense for purposes 
of the National Guard counterdrug schools in any fiscal 
year’’; and 
(B) in paragraph (2), by striking ‘‘amount authorized 
to be appropriated by paragraph (1)’’ and inserting ‘‘amount 
expended pursuant to paragraph (1)’’. 
SEC. 1009. BIANNUAL REPORTS ON USE OF FUNDS IN THE DRUG INTER-
DICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE- 
WIDE ACCOUNT. 
(a) BIANNUAL REPORTS ON EXPENDITURES OF FUNDS.—Not later 
than 60 days after the end of the first half of a fiscal year and 
after the end of the second half of a fiscal year, the Secretary 
of Defense shall submit to the congressional defense committees 
a report setting forth a description of the expenditure of funds, 
by project code, from the Drug Interdiction and Counter-Drug 
Activities, Defense-wide account during such half of the fiscal year, 
including expenditures of funds in direct or indirect support of 
the counter-drug activities of foreign governments. 
(b) INFORMATION ON SUPPORT OF COUNTER-DRUG ACTIVITIES 
OF FOREIGN GOVERNMENTS.—The information in a report under 
subsection (a) on direct or indirect support of the counter-drug 
activities of foreign governments shall include, for each foreign 
government so supported, the following: 
(1) The total amount of assistance provided to, or expended 
on behalf of, the foreign government. 
Time periods. 
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126 STAT. 1907 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) A description of the types of counter-drug activities 
conducted using the assistance. 
(3) An explanation of the legal authority under which the 
assistance was provided. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘first half of a fiscal year’’ means the period 
beginning on October 1 of any year and ending on March 
31 of the following year. 
(2) The term ‘‘second half of a fiscal year’’ means the 
period beginning on April 1 of any year and ending on Sep-
tember 30 of such year. 
(d) CESSATION OF REQUIREMENT.—No report shall be required 
under subsection (a) for any half of a fiscal year beginning on 
or after October 1, 2017. 
(e) REPEAL OF OBSOLETE AUTHORITY.—Section 1022 of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001 
(as enacted into law by Public Law 106–398) is hereby repealed. 
SEC. 
1010. 
EXTENSION 
OF 
AUTHORITY 
TO 
SUPPORT 
UNIFIED 
COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN 
COLOMBIA. 
Section 1021 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 2042), as most recently amended by section 1007 of the 
National Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81; 125 Stat. 1558), is amended— 
(1) in subsection (a), by striking ‘‘2012’’ and inserting 
‘‘2013’’; and 
(2) in subsection (c), by striking ‘‘2012’’ and inserting 
‘‘2013’’. 
SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO 
PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES 
CONDUCTING COUNTER-TERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1594; 10 U.S.C. 
371 note) is amended by striking ‘‘2012’’ and inserting ‘‘2013’’. 
SEC. 1012. REQUIREMENT FOR BIENNIAL CERTIFICATION ON PROVI-
SION OF SUPPORT FOR COUNTER-DRUG ACTIVITIES TO 
CERTAIN FOREIGN GOVERNMENTS. 
Section 1033 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881), as most 
recently amended by section 1006 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1557), is further amended— 
(1) in subsection (f)(1), by striking ‘‘the written certification 
described in subsection (g) for that fiscal year.’’ and inserting 
‘‘a written certification described in subsection (g) applicable 
to that fiscal year. The first such certification with respect 
to any such government may apply only to a period of one 
fiscal year. Subsequent certifications with respect to any such 
government may apply to a period of not to exceed two fiscal 
years.’’; and 
(2) in subsection (g), in the matter preceding paragraph 
(1)— 
(A) by striking ‘‘The written’’ and inserting ‘‘A written’’; 
and 
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126 STAT. 1908 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) by striking ‘‘for a fiscal year’’ and all that follows 
through the colon and inserting ‘‘for a government to 
receive support under this section for any period of time 
is a certification of each of the following with respect to 
that government:’’. 
Subtitle C—Naval Vessels and Shipyards 
SEC. 1013. POLICY RELATING TO MAJOR COMBATANT VESSELS OF 
THE STRIKE FORCES OF THE UNITED STATES NAVY. 
Section 1012(b) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 303), as most 
recently amended by section 1015 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4586), is amended by striking ‘‘Secretary of Defense’’ 
and all that follows through the period and inserting the following: 
‘‘Secretary of the Navy notifies the congressional defense committees 
that, as a result of a cost-benefit analysis, it would not be practical 
for the Navy to design the class of ships with an integrated nuclear 
power system.’’. 
SEC. 1014. LIMITATION ON AVAILABILITY OF FUNDS FOR DELAYED 
ANNUAL NAVAL VESSEL CONSTRUCTION PLAN. 
(a) IN GENERAL.—Section 231 of title 10, United States Code, 
is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new sub-
section (e): 
‘‘(e) LIMITATION ON AVAILABILITY OF FUNDS FOR FISCAL YEARS 
WITHOUT PLAN AND CERTIFICATION.—(1) If the Secretary of Defense 
does not include with the defense budget materials for a fiscal 
year the plan and certification under subsection (a), the Secretary 
of the Navy may not use more than 50 percent of the funds described 
in paragraph (2) during the fiscal year in which such materials 
are submitted until the date on which such plan and certification 
are submitted to the congressional defense committees. 
‘‘(2) The funds described in this paragraph are funds made 
available to the Secretary of the Navy for operation and mainte-
nance, Navy, for emergencies and extraordinary expenses.’’. 
(b) CONFORMING AMENDMENT.—Section 12304b(i) of title 10, 
United States Code, is amended by striking ‘‘section 231(g)(2)’’ 
and inserting ‘‘section 231(f)(2)’’. 
SEC. 1015. RETIREMENT OF NAVAL VESSELS. 
(a) REPORT REQUIRED.—Not later than 30 days after the date 
of the enactment of this Act, the Chief of Naval Operations shall 
submit to the congressional defense committees a report that sets 
forth a comprehensive description of the current requirements of 
the Navy for combatant vessels of the Navy, including submarines. 
(b) ADDITIONAL REPORT ELEMENT IF LESS THAN 313 VESSELS 
REQUIRED.—If the number of combatant vessels for the Navy 
(including submarines) specified as being required in the report 
under subsection (a) is less than 313 combatant vessels, the report 
shall include a justification for the number of vessels specified 
as being so required and the rationale by which the number of 
vessels is considered consistent with applicable strategic guidance 
issued by the President and the Secretary of Defense in 2012. 
Notification. 
10 USC 7291 
note. 
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126 STAT. 1909 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1016. TERMINATION OF A MARITIME PREPOSITIONING SHIP 
SQUADRON. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 60 days after the date 
of the enactment of this Act, the Chief of Naval Operations 
and the Commandant of the Marine Corps shall jointly submit 
to the congressional defense committees a report setting forth 
an assessment of the Marine Corps Prepositioning Program– 
Norway and the capability of that program to address any 
readiness gaps that will be created by the termination of Mari-
time Prepositioning Ship Squadron One in the Mediterranean. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) A detailed description of the time required to 
transfer stockpiles onto naval vessels for use in contingency 
operations. 
(B) A comparison of the response time of the Marine 
Corps Prepositioning Program–Norway with the response 
time of Maritime Prepositioning Ship Squadron One. 
(C) A description of the equipment stored in the stock-
piles of the Marine Corps Prepositioning Program–Norway, 
the differences (if any) between that equipment and the 
equipment of a Maritime Prepositioning Ship squadron, 
and any increased risk or operational plan impacts associ-
ated with using Prepositioning Program–Norway to fulfill 
the Maritime Prepositioning Ship squadron requirements. 
(D) A description and assessment of the current age 
and state of maintenance of the equipment of the Marine 
Corps Maritime Prepositioning Program-Norway. 
(E) A plan to address future requirements, equipment 
shortages, and modernization needs of the Marine Corps 
Maritime Prepositioning Program-Norway. 
(b) LIMITATION ON AVAILABILITY OF FUNDS.—Amounts author-
ized to be appropriated by this Act may not be obligated or expended 
to terminate a Maritime Prepositioning Ship squadron until the 
date of the submittal to the congressional defense committees of 
the report required by subsection (a). 
SEC. 1017. SENSE OF CONGRESS ON RECAPITALIZATION FOR THE NAVY 
AND COAST GUARD. 
(a) FINDINGS.—Congress makes the following findings: 
(1) More than 70 percent of the world’s surface is comprised 
of navigable oceans. 
(2) More than 80 percent of the population of the world 
lives within 100 miles of an ocean. 
(3) More than 90 percent of the world’s commerce traverses 
an ocean. 
(4) The national security of the United States is inextricably 
linked to the maintenance of global freedom of access for both 
the strategic and commercial interests of the United States. 
(5) To maintain that freedom of access the sea services 
of the United States, composed of the Navy, the Marine Corps, 
and the Coast Guard, must be sufficiently positioned as 
rotationally globally deployable forces with the capability to 
decisively defend United States citizens, homeland, and 
interests abroad from direct or asymmetric attack and must 
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126 STAT. 1910 
PUBLIC LAW 112–239—JAN. 2, 2013 
be comprised of sufficient vessels to maintain global freedom 
of action. 
(6) To achieve appropriate capabilities to ensure national 
security, the Government of the United States must continue 
to recapitalize the fleets of the Navy and Coast Guard and 
must continue to conduct vital maintenance and repair of 
existing vessels to ensure such vessels meet service life goals. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the sea services of the United States should be funded 
and maintained to provide the broad spectrum of capabilities 
required to protect the national security of the United States; 
(2) such capabilities should include— 
(A) the ability to project United States power rapidly 
anywhere on the globe without the need for host nation 
basing permission or long and potentially vulnerable logis-
tics supply lines; 
(B) the ability to land and recover maritime forces 
from the sea for direct combat action, to evacuate United 
States citizens from hostile situations, and to provide 
humanitarian assistance where needed; 
(C) the ability to operate from the subsurface with 
overpowering conventional combat power, as well as stra-
tegic deterrence; and 
(D) the ability to operate in collaboration with United 
States maritime partners in the common interest of pre-
venting piracy at sea and maintaining the commercial sea 
lanes available for global commerce; 
(3) the Secretary of Defense, in coordination with the Sec-
retary of the Navy, should maintain the recapitalization plans 
for the Navy as a priority in all future force structure decisions; 
and 
(4) the Secretary of Homeland Security should maintain 
the recapitalization plans for the Coast Guard as a priority 
in all future force structure decisions. 
SEC. 1018. NOTICE TO CONGRESS FOR THE REVIEW OF PROPOSALS 
TO NAME NAVAL VESSELS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Navy traces its ancestry to October 13, 1775, when 
an Act of the Continental Congress authorized the first vessel 
of a navy for the United Colonies. Vessels of the Continental 
Navy were named for early patriots and military heroes, Fed-
eral institutions, colonial cities, and positive character traits 
representative of naval and military virtues. 
(2) An Act of Congress on March 3, 1819, made the Sec-
retary of the Navy responsible for assigning names to vessels 
of the Navy. Traditional sources for vessel names customarily 
encompassed such categories as geographic locations in the 
United States; historic sites, battles, and ships; naval and mili-
tary heroes and leaders; and noted individuals who made distin-
guished contributions to United States national security. 
(3) These customs and traditions provide appropriate and 
necessary standards for the naming of vessels of the Navy. 
(b) NOTICE TO CONGRESS.—Section 7292 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection: 
10 USC 7292 
note. 
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126 STAT. 1911 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(d)(1) The Secretary of the Navy may not announce or imple-
ment any proposal to name a vessel of the Navy until 30 days 
after the date on which the Secretary submits to the Committees 
on Armed Services of the Senate and the House of Representatives 
a report setting forth such proposal. 
‘‘(2) Each report under this subsection shall describe the jus-
tification for the proposal covered by such report in accordance 
with the standards referred to in section 1024(a) of the National 
Defense Authorization Act for Fiscal Year 2013.’’. 
(c) EFFECTIVE DATE.—This section and the amendment made 
by this section shall go into effect on the date that is 30 days 
after the date of the enactment of this Act. 
Subtitle D—Counterterrorism 
SEC. 1021. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR COM-
BATING TERRORISM. 
(a) EXTENSION.—Section 127b(c)(3)(C) of title 10, United States 
Code, is amended by striking ‘‘September 30, 2013’’ and inserting 
‘‘September 30, 2014’’. 
(b) REPORT TO CONGRESS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report that out-
lines the future requirements and authorities to make rewards 
for combating terrorism. The report shall include— 
(1) an analysis of future requirements under section 127b 
of title 10, United States Code; 
(2) a detailed description of requirements for rewards in 
support of operations with allied forces; and 
(3) an overview of geographic combatant commander 
requirements through September 30, 2014. 
SEC. 1022. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 
FACILITIES 
IN 
THE 
UNITED 
STATES 
TO 
HOUSE 
DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be appropriated 
or otherwise made available to the Department of Defense for 
fiscal year 2013 may be used to construct or modify any facility 
in the United States, its territories, or possessions to house any 
individual detained at Guantanamo for the purposes of detention 
or imprisonment in the custody or under the control of the Depart-
ment of Defense unless authorized by Congress. 
(b) EXCEPTION.—The prohibition in subsection (a) shall not 
apply to any modification of facilities at United States Naval Sta-
tion, Guantanamo Bay, Cuba. 
(c) INDIVIDUAL DETAINED AT GUANTANAMO DEFINED.—In this 
section, the term ‘‘individual detained at Guantanamo’’ has the 
meaning given that term in section 1028(f)(2). 
SEC. 1023. REPORT ON RECIDIVISM OF INDIVIDUALS DETAINED AT 
UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
CUBA, WHO HAVE BEEN TRANSFERRED TO FOREIGN 
COUNTRIES. 
(a) REPORT REQUIRED.—Not later than 60 days after the date 
of the enactment of this Act, and annually thereafter for five years, 
the Director of the Defense Intelligence Agency, in consultation 
10 USC 7292 
note. 
Time period. 
Reports. 
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126 STAT. 1912 
PUBLIC LAW 112–239—JAN. 2, 2013 
with the head of each element of the intelligence community that 
the Director considers appropriate, shall submit to the covered 
congressional committees a report assessing the factors that cause 
or contribute to the recidivism of individuals detained at Guanta-
namo who are transferred or released to a foreign country. Such 
report shall include— 
(1) a discussion of trends, by country and region, where 
recidivism has occurred; and 
(2) an assessment of the implementation by foreign coun-
tries of the international arrangements relating to the transfer 
or release of individuals detained at Guantanamo reached 
between the United States and each foreign country to which 
an individual detained at Guantanamo has been transferred 
or released. 
(b) FORM.—The report required under subsection (a) may be 
submitted in classified form. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered congressional committees’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Affairs, and the Permanent Select Committee 
on Intelligence of the House of Representatives; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Relations, and the Select Committee on Intel-
ligence of the Senate. 
(2) The term ‘‘individual detained at Guantanamo’’ means 
any individual who is or was located at United States Naval 
Station, Guantanamo Bay, Cuba, who— 
(A) is not a citizen of the United States or a member 
of the Armed Forces of the United States; and 
(B) on or after January 1, 2002, was— 
(i) in the custody or under the control of the 
Department of Defense; or 
(ii) otherwise under detention at United States 
Naval Station, Guantanamo Bay, Cuba. 
SEC. 1024. NOTICE AND REPORT ON USE OF NAVAL VESSELS FOR 
DETENTION 
OF 
INDIVIDUALS 
CAPTURED 
OUTSIDE 
AFGHANISTAN PURSUANT TO THE AUTHORIZATION FOR 
USE OF MILITARY FORCE. 
(a) NOTICE TO CONGRESS.—Not later than 30 days after first 
detaining an individual pursuant to the Authorization for Use of 
Military Force (Public Law 107–40; 50 U.S.C. 1541 note) on a 
naval vessel outside the United States, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives notice of the detention. In the case 
of such an individual who is transferred or released before the 
submittal of the notice of the individual’s detention, the Secretary 
shall also submit to such Committees notice of the transfer or 
release. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the use of naval 
vessels for the detention outside the United States of any 
individual who is detained pursuant to the Authorization for 
10 USC 801 note. 
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126 STAT. 1913 
PUBLIC LAW 112–239—JAN. 2, 2013 
Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 
note). Such report shall include— 
(A) procedures and any limitations on detaining such 
individuals at sea on board United States naval vessels; 
(B) an assessment of any force protection issues associ-
ated with detaining such individuals on such vessels; 
(C) an assessment of the likely effect of such detentions 
on the original mission of such naval vessels; and 
(D) any restrictions on long-term detention of individ-
uals on United States naval vessels. 
(2) FORM OF REPORT.—The report required under paragraph 
(1) may be submitted in classified form. 
SEC. 1025. NOTICE REQUIRED PRIOR TO TRANSFER OF CERTAIN 
INDIVIDUALS DETAINED AT THE DETENTION FACILITY AT 
PARWAN, AFGHANISTAN. 
(a) NOTICE REQUIRED.—The Secretary of Defense shall submit 
to the appropriate congressional committees notice in writing of 
the proposed transfer of any individual detained pursuant to the 
Authorization for Use of Military Force (Public Law 107–40; 50 
U.S.C. 1541 note) who is a national of a country other than the 
United States or Afghanistan from detention at the Detention 
Facility at Parwan, Afghanistan, to the custody of the Government 
of Afghanistan or of any other country. Such notice shall be provided 
not later than 10 days before such a transfer may take place. 
(b) ASSESSMENTS REQUIRED.—Prior to any transfer referred 
to under subsection (a), the Secretary shall ensure that an assess-
ment is conducted as follows: 
(1) In the case of the proposed transfer of such an individual 
by reason of the individual being released, an assessment of 
the threat posed by the individual and the security environment 
of the country to which the individual is to be transferred. 
(2) In the case of the proposed transfer of such an individual 
to a country other than Afghanistan for the purpose of the 
prosecution of the individual, an assessment regarding the 
capacity, willingness, and historical track record of the country 
with respect to prosecuting similar cases, including a review 
of the primary evidence against the individual to be transferred 
and any significant admissibility issues regarding such evidence 
that are expected to arise in connection with the prosecution 
of the individual. 
(3) In the case of the proposed transfer of such an individual 
for reintegration or rehabilitation in a country other than 
Afghanistan, an assessment regarding the capacity, willingness, 
and historical track records of the country for reintegrating 
or rehabilitating similar individuals. 
(4) In the case of the proposed transfer of such an individual 
to the custody of the Government of Afghanistan for prosecution 
or detention, an assessment regarding the capacity, willingness, 
and historical track record of Afghanistan to prosecute or detain 
long-term such individuals. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the Committee on Armed Services and the Committee on Foreign 
Affairs of the House of Representatives and the Committee on 
Armed Services and the Committee on Foreign Relations of the 
Senate. 
Deadline. 
10 USC 801 note. 
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126 STAT. 1914 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1026. REPORT ON RECIDIVISM OF INDIVIDUALS FORMERLY 
DETAINED AT THE DETENTION FACILITY AT PARWAN, 
AFGHANISTAN. 
(a) REPORT.—Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the relevant congressional committees a report on the estimated 
recidivism rates and the factors that appear to contribute to the 
recidivism of individuals formerly detained at the Detention Facility 
at Parwan, Afghanistan, who were transferred or released, including 
the estimated total number of individuals who have been recaptured 
on one or more occasion. 
(b) FORM.—The report required under subsection (a) may be 
submitted in classified form. 
(c) RELEVANT CONGRESSIONAL COMMITTEES DEFINED.—In this 
section, the term ‘‘relevant congressional committees’’ means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives. 
SEC. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER 
OR RELEASE OF INDIVIDUALS DETAINED AT UNITED 
STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 
None of the funds authorized to be appropriated by this Act 
for fiscal year 2013 may be used to transfer, release, or assist 
in the transfer or release to or within the United States, its terri-
tories, or possessions of Khalid Sheikh Mohammed or any other 
detainee who— 
(1) is not a United States citizen or a member of the 
Armed Forces of the United States; and 
(2) is or was held on or after January 20, 2009, at United 
States Naval Station, Guantanamo Bay, Cuba, by the Depart-
ment of Defense. 
SEC. 1028. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE 
TRANSFER OF DETAINEES AT UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES 
AND OTHER FOREIGN ENTITIES. 
(a) CERTIFICATION REQUIRED PRIOR TO TRANSFER.— 
(1) IN GENERAL.—Except as provided in paragraph (2) and 
subsection (d), the Secretary of Defense may not use any 
amounts authorized to be appropriated or otherwise available 
to the Department of Defense for fiscal year 2013 to transfer 
any individual detained at Guantanamo to the custody or con-
trol of the individual’s country of origin, any other foreign 
country, or any other foreign entity unless the Secretary sub-
mits to Congress the certification described in subsection (b) 
not later than 30 days before the transfer of the individual. 
(2) EXCEPTION.—Paragraph (1) shall not apply to any action 
taken by the Secretary to transfer any individual detained 
at Guantanamo to effectuate an order affecting the disposition 
of the individual that is issued by a court or competent tribunal 
of the United States having lawful jurisdiction (which the Sec-
retary shall notify Congress of promptly after issuance). 
(b) CERTIFICATION.—A certification described in this subsection 
is a written certification made by the Secretary of Defense, with 
Consultation. 
Notification. 
Deadline. 
10 USC 801 note. 
Khalid Sheikh 
Mohammed. 
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126 STAT. 1915 
PUBLIC LAW 112–239—JAN. 2, 2013 
the concurrence of the Secretary of State and in consultation with 
the Director of National Intelligence, that— 
(1) the government of the foreign country or the recognized 
leadership of the foreign entity to which the individual detained 
at Guantanamo is to be transferred— 
(A) is not a designated state sponsor of terrorism or 
a designated foreign terrorist organization; 
(B) maintains control over each detention facility in 
which the individual is to be detained if the individual 
is to be housed in a detention facility; 
(C) is not, as of the date of the certification, facing 
a threat that is likely to substantially affect its ability 
to exercise control over the individual; 
(D) has taken or agreed to take effective actions to 
ensure that the individual cannot take action to threaten 
the United States, its citizens, or its allies in the future; 
(E) has taken or agreed to take such actions as the 
Secretary of Defense determines are necessary to ensure 
that the individual cannot engage or reengage in any ter-
rorist activity; and 
(F) has agreed to share with the United States any 
information that— 
(i) is related to the individual or any associates 
of the individual; and 
(ii) could affect the security of the United States, 
its citizens, or its allies; and 
(2) includes an assessment, in classified or unclassified 
form, of the capacity, willingness, and past practices (if 
applicable) of the foreign country or entity in relation to the 
Secretary’s certifications. 
(c) PROHIBITION IN CASES OF PRIOR CONFIRMED RECIDIVISM.— 
(1) PROHIBITION.—Except as provided in paragraph (2) and 
subsection (d), the Secretary of Defense may not use any 
amounts authorized to be appropriated or otherwise made avail-
able to the Department of Defense to transfer any individual 
detained at Guantanamo to the custody or control of the individ-
ual’s country of origin, any other foreign country, or any other 
foreign entity if there is a confirmed case of any individual 
who was detained at United States Naval Station, Guantanamo 
Bay, Cuba, at any time after September 11, 2001, who was 
transferred to such foreign country or entity and subsequently 
engaged in any terrorist activity. 
(2) EXCEPTION.—Paragraph (1) shall not apply to any action 
taken by the Secretary to transfer any individual detained 
at Guantanamo to effectuate an order affecting the disposition 
of the individual that is issued by a court or competent tribunal 
of the United States having lawful jurisdiction (which the Sec-
retary shall notify Congress of promptly after issuance). 
(d) NATIONAL SECURITY WAIVER.— 
(1) IN GENERAL.—The Secretary of Defense may waive the 
applicability to a detainee transfer of a certification requirement 
specified in subparagraph (D) or (E) of subsection (b)(1) or 
the prohibition in subsection (c), if the Secretary certifies the 
rest of the criteria required by subsection (b) for transfers 
prohibited by (c) and, with the concurrence of the Secretary 
of State and in consultation with the Director of National 
Intelligence, determines that— 
Consultation. 
Determination. 
Notification. 
Assessment. 
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126 STAT. 1916 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) alternative actions will be taken to address the 
underlying purpose of the requirement or requirements 
to be waived; 
(B) in the case of a waiver of subparagraph (D) or 
(E) of subsection (b)(1), it is not possible to certify that 
the risks addressed in the paragraph to be waived have 
been completely eliminated, but the actions to be taken 
under subparagraph (A) will substantially mitigate such 
risks with regard to the individual to be transferred; 
(C) in the case of a waiver of subsection (c), the Sec-
retary has considered any confirmed case in which an 
individual who was transferred to the country subsequently 
engaged in terrorist activity, and the actions to be taken 
under subparagraph (A) will substantially mitigate the risk 
of recidivism with regard to the individual to be trans-
ferred; and 
(D) the transfer is in the national security interests 
of the United States. 
(2) REPORTS.—Whenever the Secretary makes a determina-
tion under paragraph (1), the Secretary shall submit to the 
appropriate committees of Congress, not later than 30 days 
before the transfer of the individual concerned, the following: 
(A) A copy of the determination and the waiver con-
cerned. 
(B) A statement of the basis for the determination, 
including— 
(i) an explanation why the transfer is in the 
national security interests of the United States; 
(ii) in the case of a waiver of paragraph (D) or 
(E) of subsection (b)(1), an explanation why it is not 
possible to certify that the risks addressed in the para-
graph to be waived have been completely eliminated; 
and 
(iii) a classified summary of— 
(I) the individual’s record of cooperation while 
in the custody of or under the effective control 
of the Department of Defense; and 
(II) the agreements and mechanisms in place 
to provide for continuing cooperation. 
(C) A summary of the alternative actions to be taken 
to address the underlying purpose of, and to mitigate the 
risks addressed in, the paragraph or subsection to be 
waived. 
(D) The assessment required by subsection (b)(2). 
(e) RECORD OF COOPERATION.—In assessing the risk that an 
individual detained at Guantanamo will engage in terrorist activity 
or other actions that could affect the security of the United States 
if released for the purpose of making a certification under subsection 
(b) or a waiver under subsection (d), the Secretary of Defense 
may give favorable consideration to any such individual— 
(1) who has substantially cooperated with United States 
intelligence and law enforcement authorities, pursuant to a 
pre-trial agreement, while in the custody of or under the effec-
tive control of the Department of Defense; and 
(2) for whom agreements and effective mechanisms are 
in place, to the extent relevant and necessary, to provide for 
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126 STAT. 1917 
PUBLIC LAW 112–239—JAN. 2, 2013 
continued cooperation with United States intelligence and law 
enforcement authorities. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Select Committee on Intel-
ligence of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Appropriations, and the Permanent Select Committee 
on Intelligence of the House of Representatives. 
(2) The term ‘‘individual detained at Guantanamo’’ means 
any individual located at United States Naval Station, Guanta-
namo Bay, Cuba, as of October 1, 2009, who— 
(A) is not a citizen of the United States or a member 
of the Armed Forces of the United States; and 
(B) is— 
(i) in the custody or under the control of the 
Department of Defense; or 
(ii) otherwise under detention at United States 
Naval Station, Guantanamo Bay, Cuba. 
(3) The term ‘‘foreign terrorist organization’’ means any 
organization so designated by the Secretary of State under 
section 219 of the Immigration and Nationality Act (8 U.S.C. 
1189). 
SEC. 1029. RIGHTS UNAFFECTED. 
Nothing in the Authorization for Use of Military Force (Public 
Law 107–40; 50 U.S.C. 1541 note) or the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81) shall 
be construed to deny the availability of the writ of habeas corpus 
or to deny any Constitutional rights in a court ordained or estab-
lished by or under Article III of the Constitution to any person 
inside the United States who would be entitled to the availability 
of such writ or to such rights in the absence of such laws. 
Subtitle E—Nuclear Forces 
SEC. 1031. NUCLEAR WEAPONS EMPLOYMENT STRATEGY OF THE 
UNITED STATES. 
(a) REPORTS ON STRATEGY.—Section 491 of title 10, United 
States Code, is— 
(1) transferred to chapter 24 of such title, as added by 
subsection (b)(1); and 
(2) amended— 
(A) in the heading, by inserting ‘‘weapons’’ after 
‘‘Nuclear’’; 
(B) by striking ‘‘nuclear employment strategy’’ each 
place it appears and inserting ‘‘nuclear weapons employ-
ment strategy’’; 
(C) in paragraph (1)— 
(i) by inserting ‘‘the’’ after ‘‘modifications to’’; and 
(ii) by inserting ‘‘, plans, and options’’ after 
‘‘employment strategy’’; 
(D) by inserting after paragraph (3) the following new 
paragraph: 
10 USC 801 note. 
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126 STAT. 1918 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(4) The extent to which such modifications include an 
increased reliance on conventional or non-nuclear global strike 
capabilities or missile defenses of the United States.’’; 
(E) by striking ‘‘On the date’’ and inserting ‘‘(a) 
REPORTS.—On the date’’; and 
(F) by adding at the end the following new subsections: 
‘‘(b) ANNUAL BRIEFINGS.—Not later than March 15 of each 
year, the Secretary of Defense shall provide to the congressional 
defense committees a briefing regarding the nuclear weapons 
employment strategy, plans, and options of the United States. 
‘‘(c) NOTIFICATION OF ANOMALIES.—(1) The Secretary of Defense 
shall submit to the congressional defense committees written 
notification of an anomaly in the nuclear command, control, and 
communications system of the United States that is reported to 
the Secretary of Defense or the Nuclear Weapons Council by not 
later than 14 days after the date on which the Secretary or the 
Council learns of such anomaly, as the case may be. 
‘‘(2) In this subsection, the term ‘anomaly’ means any 
unplanned, irregular, or abnormal event, whether unexplained or 
caused intentionally or unintentionally by a person or a system.’’. 
(b) CLERICAL AND CONFORMING AMENDMENTS.— 
(1) CHAPTER 24.—Part I of subtitle A of title 10, United 
States Code, is amended by adding at the end the following 
new chapter: 
‘‘CHAPTER 24—NUCLEAR POSTURE 
‘‘Sec. 
‘‘491. Nuclear weapons employment strategy of the United States: reports on modi-
fication of strategy.’’. 
(2) TABLE
OF
CHAPTERS.—The table of chapters at the 
beginning of subtitle A of title 10, United States Code, and 
at the beginning of part I of such subtitle, are each amended 
by inserting after the item relating to chapter 23 the following 
new item: 
‘‘24. Nuclear posture ...........................................................................................
491’’. 
(3) TRANSFER OF PROVISIONS.— 
(A) CHAPTER 23.—Chapter 23 of title 10, United States 
Code, is amended as follows: 
(i) Section 490a is— 
(I) transferred to chapter 24 of such title, as 
added by paragraph (1); 
(II) inserted after section 491 of such title, 
as added to such chapter 24 by subsection (a)(1); 
and 
(III) redesignated as section 492. 
(ii) The table of sections at the beginning of such 
chapter 23 is amended by striking the items relating 
to sections 490a and 491. 
(B) FY12 NDAA.—Section 1077 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112– 
81; 50 U.S.C. 2514) is— 
(i) transferred to chapter 24 of title 10, United 
States Code, as added by paragraph (1); 
(ii) inserted after section 492 of such title, as added 
by subparagraph (A)(i); 
(iii) redesignated as section 493; and 
10 USC 
prec. 480. 
10 USC 
prec. 101. 
10 USC 
prec. 491. 
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126 STAT. 1919 
PUBLIC LAW 112–239—JAN. 2, 2013 
(iv) amended by striking ‘‘the date of the enact-
ment of this Act’’ and inserting ‘‘December 31, 2011,’’. 
(III) by striking ‘‘the date of the enactment 
of this Act’’ and inserting ‘‘December 31, 2011,’’. 
(C) CLERICAL AMENDMENTS.— 
(i) TABLE OF SECTIONS.—The table of sections at 
the beginning of chapter 24 of title 10, United States 
Code, as added by paragraph (1), is amended by 
inserting after the item relating to section 491 the 
following new items: 
‘‘492. Biennial assessment and report on the delivery platforms for nuclear weapons 
and the nuclear command and control system. 
‘‘493. Reports to Congress on the modification of the force structure for the strategic 
nuclear weapons delivery systems of the United States.’’. 
(ii) SECTION HEADING TYPEFACE AND TYPESTYLE.— 
Section 493 of title 10, United States Code, as added 
by subparagraph (B), is amended— 
(I) in the enumerator, by striking ‘‘SEC.’’ and 
inserting ‘‘§’’; and 
(II) in the section heading— 
(aa) by striking the period at the end; 
and 
(bb) by conforming the typeface and 
typestyle, including capitalization, to the type-
face and typestyle as used in the section 
heading of section 491 of such title. 
(4) CONFORMING
AMENDMENT.—Section 1031(b) of the 
National Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81; 125 Stat. 1574) is amended by striking ‘‘section 
490a of title 10, United States Code, as added by subsection 
(a),’’ and inserting ‘‘section 492 of title 10, United States Code,’’. 
SEC. 1032. PROGRESS OF MODERNIZATION. 
(a) NUCLEAR EMPLOYMENT STRATEGY.—Subsection (a) of section 
491 of title 10, United States Code, as amended by section 1031, 
is amended by striking ‘‘On the date on which the President issues’’ 
and inserting ‘‘By not later than 60 days before the date on which 
the President implements’’. 
(b) REPORTS REQUIRED.—Such section 491 is further amended 
by adding at the end the following: 
‘‘(d) REPORTS ON 2010 NUCLEAR POSTURE REVIEW IMPLEMENTA-
TION STUDY DECISIONS.—During each of fiscal years 2012 through 
2021, not later than 60 days before the date on which the President 
carries out the results of the decisions made pursuant to the 2010 
Nuclear Posture Review Implementation Study that would alter 
the nuclear weapons employment strategy, guidance, plans, or 
options of the United States, the President shall— 
‘‘(1) ensure that the annual report required under section 
1043(a)(1) of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1576) is transmitted 
to Congress, if so required; 
‘‘(2) ensure that the report required under section 
494(a)(2)(A) of this title is transmitted to Congress, if so 
required under such section; and 
‘‘(3) transmit to the congressional defense committees a 
report providing the high-, medium-, and low- confidence assess-
ments of the intelligence community (as defined in section 
President. 
Deadline. 
President. 
10 USC 490a 
note. 
10 USC 
prec. 491. 
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126 STAT. 1920 
PUBLIC LAW 112–239—JAN. 2, 2013 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) 
as to whether the United States will have significant warning 
of a strategic surprise or breakout caused by foreign nuclear 
weapons developments.’’. 
SEC. 1033. REPORT IN THE EVENT OF INSUFFICIENT FUNDING FOR 
MODERNIZATION OF NUCLEAR WEAPONS STOCKPILE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) consistent with Condition 9 of the Resolution of Advice 
and Consent to Ratification of the New START Treaty of the 
Senate, agreed to on December 22, 2010, the United States 
is committed to ensuring the safety, security, reliability, and 
credibility of its nuclear forces; and 
(2) the United States is committed to— 
(A) proceeding with a robust stockpile stewardship pro-
gram and maintaining and modernizing nuclear weapons 
production capabilities and capacities of the United States 
to ensure the safety, security, reliability, and credibility 
of the nuclear arsenal of the United States at the New 
START Treaty levels and meeting requirements for hedging 
against possible international developments or technical 
problems; 
(B) reinvigorating and sustaining the nuclear security 
laboratories of the United States and preserving the core 
nuclear weapons competencies therein; and 
(C) providing the resources needed to achieve these 
objectives, using as a starting point the levels set forth 
in the President’s 10-year plan provided to Congress in 
November 2010 pursuant to section 1251 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2549). 
(b) INSUFFICIENT FUNDING REPORT.— 
(1) IN
GENERAL.—Section 1045 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 
50 U.S.C. 2523b) is— 
(A) transferred to chapter 24 of title 10, United States 
Code, as added by section 1031(b); 
(B) inserted after section 493 of such title, as added 
to such chapter 24 by such section 1031(b); 
(C) redesignated as section 494; and 
(D) amended by amending paragraph (2) of subsection 
(a) to read as follows: 
‘‘(2) INSUFFICIENT FUNDING.— 
‘‘(A) REPORT.—During each year in which the New 
START Treaty is in force, if the President determines that 
an appropriations Act is enacted that fails to meet the 
resource levels set forth in the November 2010 update 
to the plan referred to in section 1251 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2549) or if at any time determines 
that more resources are required to carry out such plan 
than were estimated, the President shall transmit to the 
appropriate congressional committees, within 60 days of 
making such a determination, a report detailing— 
‘‘(i) a plan to address the resource shortfall; 
‘‘(ii) if more resources are required to carry out 
the plan than were estimated— 
President. 
Determination. 
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126 STAT. 1921 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(I) the proposed level of funding required; 
and 
‘‘(II) an identification of the stockpile work, 
campaign, facility, site, asset, program, operation, 
activity, construction, or project for which addi-
tional funds are required; 
‘‘(iii) any effects caused by the shortfall on the 
safety, security, reliability, or credibility of the nuclear 
forces of the United States; 
‘‘(iv) whether and why, in light of the shortfall, 
remaining a party to the New START Treaty is still 
in the national interest of the United States; and 
‘‘(v) a detailed explanation of why the moderniza-
tion timelines established in the 2010 Nuclear Posture 
Review are no longer applicable. 
‘‘(B) PRIOR NOTIFICATION.—If the President transmits 
a report under subparagraph (A), the President shall notify 
the appropriate congressional committees of any determina-
tion by the President to reduce the number of deployed 
nuclear warheads of the United States by not later than 
60 days before taking any action to carry out such reduc-
tion. 
‘‘(C) EXCEPTION.—The limitation in subparagraph (B) 
shall not apply to— 
‘‘(i) reductions made to ensure the safety, security, 
reliability, and credibility of the nuclear weapons stock-
pile and strategic delivery systems, including activities 
related 
to 
surveillance, 
assessment, 
certification, 
testing, and maintenance of nuclear warheads and 
strategic delivery systems; or 
‘‘(ii) nuclear warheads that are retired or awaiting 
dismantlement on the date of the report under 
subparagraph (A). 
‘‘(D) DEFINITIONS.—In this paragraph: 
‘‘(i) The term ‘appropriate congressional commit-
tees’ means— 
‘‘(I) the congressional defense committees; and 
‘‘(II) the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs 
of the House of Representatives. 
‘‘(ii) The term ‘New START Treaty’ means the 
Treaty between the United States of America and the 
Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive Arms, 
signed on April 8, 2010, and entered into force on 
February 5, 2011.’’. 
(2) CLERICAL AMENDMENTS.— 
(A) TABLE OF CONTENTS.—The table of sections at the 
beginning of chapter 24 of title 10, United States Code, 
as added by section 1031(b), is amended by inserting after 
the item relating to section 493 the following new item: 
‘‘494. Nuclear force reductions.’’. 
(B) SECTION HEADING TYPEFACE AND TYPESTYLE.—Sec-
tion 494 of title 10, United States Code, as added by 
paragraph (1), is amended— 
10 USC 
prec. 491. 
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126 STAT. 1922 
PUBLIC LAW 112–239—JAN. 2, 2013 
(i) in the enumerator, by striking ‘‘SEC.’’ and 
inserting ‘‘§’’; and 
(ii) in the section heading— 
(I) by striking the period at the end; and 
(II) by conforming the typeface and typestyle, 
including capitalization, to the typeface and 
typestyle as used in the section heading of section 
491 of such title. 
(4) EFFECTIVE DATE.—The amendment made by paragraph 
(1)(D) shall take effect on October 1, 2012. 
SEC. 1034. PREVENTION OF ASYMMETRY OF NUCLEAR WEAPON STOCK-
PILE REDUCTIONS. 
Section 494 of title 10, United States Code, as added by section 
1033(b)(1), is amended by adding at the end the following new 
subsection: 
‘‘(d) PREVENTION OF ASYMMETRY IN REDUCTIONS.— 
‘‘(1) CERTIFICATION.—During any year in which the Presi-
dent recommends to reduce the number of nuclear weapons 
in the active and inactive stockpiles of the United States by 
a number that is greater than a de minimis reduction, the 
President shall certify in writing to the congressional defense 
committees whether such reductions will cause the number 
of nuclear weapons in such stockpiles to be fewer than the 
high-confidence assessment of the intelligence community (as 
defined in section 3(4) of the National Security Act of 1947 
(50 U.S.C. 401a(4))) with respect to the number of nuclear 
weapons in the active and inactive stockpiles of the Russian 
Federation. 
‘‘(2) NOTIFICATION.—If the President certifies under para-
graph (1) that the recommended number of nuclear weapons 
in the active and inactive stockpiles of the United States is 
fewer than the high-confidence assessment of the intelligence 
community with respect to the number of nuclear weapons 
in the active and inactive stockpiles of the Russian Federation, 
the President shall transmit to the congressional defense 
committees a report by the Commander of the United States 
Strategic Command, without change, detailing whether the rec-
ommended reduction would create a strategic imbalance or 
degrade deterrence and extended deterrence between the total 
number of nuclear weapons of the United States and the total 
number of nuclear weapons of the Russian Federation. The 
President shall transmit such report by not later than 60 days 
before the date on which the President carries out any such 
recommended reductions. 
‘‘(3) EXCEPTION.—The notification in paragraph (2) shall 
not apply to— 
‘‘(A) reductions made to ensure the safety, security, 
reliability, and credibility of the nuclear weapons stockpile 
and strategic delivery systems, including activities related 
to surveillance, assessment, certification, testing, and 
maintenance of nuclear warheads and strategic delivery 
systems; or 
‘‘(B) nuclear warheads that are retired or awaiting 
dismantlement on the date of the certification under para-
graph (1). 
Deadline. 
Reports. 
President. 
10 USC 494 note. 
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126 STAT. 1923 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(4) ADDITIONAL VIEWS.—On the date on which the Presi-
dent transmits to the congressional defense committees a report 
by the Commander of the United States Strategic Command 
under paragraph (2), the President may transmit to such 
committees a report by the President with respect to whether 
the recommended reductions covered by the report of the Com-
mander will impact the deterrence or extended deterrence 
capabilities of the United States.’’. 
SEC. 1035. STRATEGIC DELIVERY SYSTEMS. 
(a) IN GENERAL.—Chapter 24 of title 10, United States Code, 
as added by section 1031(b), is amended by inserting after section 
494, as added by section 1033(b)(1), the following new section: 
‘‘§ 495. Strategic delivery systems 
‘‘(a) ANNUAL CERTIFICATION.—Beginning in fiscal year 2013, 
the President shall annually certify in writing to the congressional 
defense committees whether plans to modernize or replace strategic 
delivery systems are fully funded at levels equal to or more than 
the levels set forth in the November 2010 update to the plan 
referred to in section 1251 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2549), 
including plans regarding— 
‘‘(1) a heavy bomber and air-launched cruise missile; 
‘‘(2) an intercontinental ballistic missile; 
‘‘(3) a submarine-launched ballistic missile; 
‘‘(4) a ballistic missile submarine; and 
‘‘(5) maintaining the nuclear command and control system 
(as first reported under section 1043 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 
125 Stat. 1576)). 
‘‘(b) ADDITIONAL REPORT MATTERS FOLLOWING CERTAIN CER-
TIFICATIONS.—If in any year before fiscal year 2020 the President 
certifies under subsection (a) that plans to modernize or replace 
strategic delivery systems are not fully funded, the President shall 
include in the next annual report transmitted to Congress under 
section 1043 of the National Defense Authorization Act for Fiscal 
Year 2012 the following: 
‘‘(1) A determination of whether or not the lack of full 
funding will result in a loss of military capability when com-
pared with the November 2010 update to the plan referred 
to in section 1251 of the National Defense Authorization Act 
for Fiscal Year 2010. 
‘‘(2) If the determination under paragraph (1) is that the 
lack of full funding will result in a loss of military capability— 
‘‘(A) a plan to preserve or retain the military capability 
that would otherwise be lost; or 
‘‘(B) a report setting forth— 
‘‘(i) an assessment of the impact of the lack of 
full funding on the strategic delivery systems specified 
in subsection (a); and 
‘‘(ii) a description of the funding required to restore 
or maintain the capability. 
‘‘(3) A certification by the President of whether or not 
the President is committed to accomplishing the modernization 
and replacement of strategic delivery systems and will meet 
the obligations concerning nuclear modernization as set forth 
Assessment. 
Plans. 
Determination. 
Effective date. 
10 USC 495. 
President. 
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126 STAT. 1924 
PUBLIC LAW 112–239—JAN. 2, 2013 
in declaration 12 of the Resolution of Advice and Consent 
to Ratification of the New START Treaty. 
‘‘(c) PRIOR NOTIFICATION.—Not later than 60 days before the 
date on which the President carries out any reduction to the number 
of strategic delivery systems, the President shall— 
‘‘(1) make the certification under subsection (a) for the 
fiscal year for which the reductions are proposed to be carried 
out; 
‘‘(2) transmit the additional report matters under sub-
section (b) for such fiscal year, if such additional report matters 
are so required; and 
‘‘(3) certify to the congressional defense committees that 
the Russian Federation is in compliance with its arms control 
obligations with the United States and is not engaged in activity 
in violation of, or inconsistent with, such obligations. 
‘‘(d) TREATMENT OF CERTAIN REDUCTIONS.—Any certification 
under subsection (a) shall not take into account the following: 
‘‘(1) Reductions made to ensure the safety, security, reli-
ability, and credibility of the nuclear weapons stockpile and 
strategic delivery systems, including activities related to 
surveillance, assessment, certification, testing, and mainte-
nance of nuclear warheads and delivery systems. 
‘‘(2) Strategic delivery systems that are retired or awaiting 
dismantlement on the date of the certification under subsection 
(a). 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘New START Treaty’ means the Treaty 
between the United States of America and the Russian Federa-
tion on Measures for the Further Reduction and Limitation 
of Strategic Offensive Arms, signed on April 8, 2010, and 
entered into force on February 5, 2011. 
‘‘(2) The term ‘strategic delivery system’ means a delivery 
system for nuclear weapons.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 24 of such title is amended by inserting after 
the item relating to section 494, as added by section 1033(b)(2), 
the following new item: 
‘‘495. Strategic delivery systems.’’. 
SEC. 1036. CONSIDERATION OF EXPANSION OF NUCLEAR FORCES OF 
OTHER COUNTRIES. 
(a) IN GENERAL.—Chapter 24 of title 10, United States Code, 
as added by section 1031(b), is amended by inserting after section 
495, as added by section 1035(a), the following new section: 
‘‘§ 496. Consideration of expansion of nuclear forces of other 
countries 
‘‘(a) REPORT AND CERTIFICATION.—Not later than 60 days before 
the President recommends any reductions to the nuclear forces 
of the United States— 
‘‘(1) the President shall transmit to the appropriate congres-
sional committees a report detailing, for each country with 
nuclear weapons, the high-, medium-, and low- confidence 
assessment of the intelligence community (as defined in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) 
with respect to— 
President. 
10 USC 496. 
10 USC 
prec. 491. 
Certification. 
Deadline. 
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126 STAT. 1925 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(A) the number of each type of nuclear weapons pos-
sessed by such country; 
‘‘(B) the modernization plans for such weapons of such 
country; 
‘‘(C) the production capacity of nuclear warheads and 
strategic delivery systems (as defined in section 495(e)(2) 
of this title) of such country; 
‘‘(D) the nuclear doctrine of such country; and 
‘‘(E) the impact of such recommended reductions on 
the deterrence and extended deterrence capabilities of the 
United States; and 
‘‘(2) the Commander of the United States Strategic Com-
mand shall certify to the appropriate congressional committees 
whether such recommended reductions in the nuclear forces 
of the United States will— 
‘‘(A) impair the ability of the United States to address— 
‘‘(i) unplanned strategic or geopolitical events; or 
‘‘(ii) technical challenge; or 
‘‘(B) degrade the deterrence or assurance provided by 
the United States to friends and allies of the United States. 
‘‘(b) FORM.—The reports required by subsection (a)(1) shall 
be submitted in unclassified form, but may include a classified 
annex. 
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘appropriate congressional committees’ means 
the following: 
‘‘(1) The congressional defense committees. 
‘‘(2) The Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of 
the Senate.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 495, as added by section 1035(b), the following new 
item: 
‘‘496. Consideration of expansion of nuclear forces of other countries.’’. 
SEC. 1037. NONSTRATEGIC NUCLEAR WEAPON REDUCTIONS AND 
EXTENDED DETERRENCE POLICY. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the United States should pursue negotiations with the 
Russian Federation aimed at the reduction of Russian deployed 
and nondeployed nonstrategic nuclear forces; 
(2) nonstrategic nuclear weapons should be considered 
when weighing the balance of the nuclear forces of the United 
States and the Russian Federation; 
(3) any geographical relocation or storage of nonstrategic 
nuclear weapons by the Russian Federation does not constitute 
a reduction or elimination of such weapons; 
(4) the vast advantage of the Russian Federation in non-
strategic nuclear weapons constitutes a threat to the United 
States and its allies and a growing asymmetry in Western 
Europe; 
(5) the forward-deployed nuclear forces of the United States 
are an important contributor to the assurance of the allies 
of the United States and constitute a check on proliferation 
and a tool in dealing with neighboring states hostile to the 
North Atlantic Treaty Organization (‘‘NATO’’); 
10 USC 
prec. 491. 
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126 STAT. 1926 
PUBLIC LAW 112–239—JAN. 2, 2013 
(6) the United States should maintain its commitment to 
extended deterrence, specifically the nuclear alliance of NATO, 
as an important component of ensuring and linking the national 
security interests of the United States and the security of 
its European allies; 
(7) forward-deployed nuclear forces of the United States 
shall remain based in Europe in support of the nuclear policy 
and posture of NATO subject to the policy and requirements 
of NATO; 
(8) the presence of nuclear weapons of the United States 
in Europe—combined with NATO’s unique nuclear sharing 
arrangements under which non-nuclear members participate 
in nuclear planning and possess specially configured aircraft 
capable of delivering nuclear weapons—provides reassurance 
to allies and partners who feel exposed to regional threats; 
and 
(9) only the President and Congress have the legal 
authority over the nuclear forces of the United States and 
no multilateral organization, not even NATO, can articulate 
a declaratory policy concerning the use of nuclear weapons 
that binds the United States. 
(b) NOTIFICATION.— 
(1) IN GENERAL.—Chapter 24 of title 10, United States 
Code, as added by section 1031(b), is amended by inserting 
after section 496, as added by section 1036(a), the following 
new section: 
‘‘§ 497. Notification required for reduction, consolidation, or 
withdrawal of nuclear forces based in Europe 
‘‘(a) NOTIFICATION.—Upon any decision to reduce, consolidate, 
or withdraw the nuclear forces of the United States that are based 
in Europe, the President shall transmit to the appropriate congres-
sional committees a notification containing— 
‘‘(1) justification for such reduction, consolidation, or with-
drawal; and 
‘‘(2) an assessment of how member states of the North 
Atlantic Treaty Organization, in light of such reduction, consoli-
dation, or withdrawal, assess the credibility of the deterrence 
capability of the United States in support of its commitments 
undertaken pursuant to article 5 of the North Atlantic Treaty, 
signed at Washington, District of Columbia, on April 4, 1949, 
and entered into force on August 24, 1949 (63 Stat. 2241; 
TIAS 1964). 
‘‘(b) PRIOR NOTIFICATION REQUIRED.— 
‘‘(1) IN
GENERAL.—The President shall transmit the 
notification required by subsection (a) by not later than 60 
days before the date on which the President commences a 
reduction, consolidation, or withdrawal of the nuclear forces 
of the United States that are based in Europe described in 
such notification. 
‘‘(2) EXCEPTION.—The limitation in paragraph (1) shall not 
apply to a reduction, consolidation, or withdrawal of nuclear 
weapons of the United States that are based in Europe made 
to ensure the safety, security, reliability, and credibility of 
such weapons. 
Deadline. 
Assessment. 
President. 
10 USC 497. 
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126 STAT. 1927 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘appropriate congressional committees’ 
means— 
‘‘(1) the Committees on Armed Services of the House of 
Representatives and the Senate; and 
‘‘(2) the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of 
the Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating section 496, as added by section 1036(b), the 
following new item: 
‘‘497. Notification required for reduction, consolidation, or withdrawal of nuclear 
forces based in Europe.’’. 
SEC. 1038. UNILATERAL CHANGE IN NUCLEAR WEAPONS STOCKPILE 
OF THE UNITED STATES. 
(a) IN GENERAL.—Chapter 24 of title 10, United States Code, 
as added by section 1031(b), is amended by inserting after section 
497, as added by section 1037(b)(1), the following new section: 
‘‘§ 498 Unilateral change in nuclear weapons stockpile of 
the United States 
‘‘(a) IN GENERAL.—Other than pursuant to a treaty, if the 
President has under consideration to unilaterally change the size 
of the total stockpile of nuclear weapons of the United States 
by more than 25 percent, prior to doing so the President shall 
initiate a Nuclear Posture Review. 
‘‘(b) TERMS OF REFERENCE.—Prior to the initiation of a Nuclear 
Posture Review under this section, the President shall determine 
the terms of reference for the Nuclear Posture Review, which the 
President shall provide to the congressional defense committees. 
‘‘(c) NUCLEAR POSTURE REVIEW.—Upon completion of a Nuclear 
Posture Review under this section, the President shall submit the 
Nuclear Posture Review to the congressional defense committees 
prior to implementing any change in the nuclear weapons stockpile 
by more than 25 percent. 
‘‘(d) CONSTRUCTION.—This section shall not apply to changes 
to the nuclear weapons stockpile resulting from treaty obligations. 
‘‘(e) FORM.—A Nuclear Posture Review under this section shall 
be submitted in unclassified form, but may include a classified 
annex.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
section 497, as added by section 1037(b)(2), the following new item: 
‘‘498. Unilateral change in nuclear weapons stockpile of the United States.’’. 
SEC. 1039. EXPANSION OF DUTIES AND RESPONSIBILITIES OF THE 
NUCLEAR WEAPONS COUNCIL. 
(a) GUIDANCE ON NUCLEAR COMMAND, CONTROL, AND COMMU-
NICATIONS SYSTEMS.—Section 179(d) of title 10, United States Code, 
is amended— 
(1) in paragraph (2), by inserting ‘‘and alternatives’’ before 
the period; 
(2) in paragraph (3), by inserting ‘‘and approving’’ after 
‘‘Coordinating’’; 
(3) in paragraph (7)— 
10 USC 491. 
10 USC 498. 
10 USC 
prec. 491. 
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126 STAT. 1928 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) by striking ‘‘broad’’ and inserting ‘‘specific’’; and 
(B) by inserting before the period at the end the fol-
lowing: ‘‘and priorities among activities, including produc-
tion, surveillance, research, construction, and any other 
programs within the National Nuclear Security Administra-
tion’’; 
(4) by redesignating paragraph (10) as paragraph (12); 
and 
(5) by inserting after paragraph (9) the following new para-
graph (10): 
‘‘(10) Coordinating and providing guidance and oversight 
on nuclear command, control, and communications systems.’’. 
(b) BUDGET AND FUNDING MATTERS.—Section 179 of such title 
is further amended— 
(1) in subsection (d), as amended by subsection (a), by 
inserting after paragraph (10) the following new paragraph 
(11): 
‘‘(11) Coordinating and approving the annual budget pro-
posals of the National Nuclear Security Administration.’’; 
(2) by redesignating subsection (f) as subsection (g); and 
(3) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f) BUDGET AND FUNDING MATTERS.—(1) The Council shall 
submit to Congress each year, at the same time the budget of 
the President for the fiscal year beginning in such year is submitted 
to Congress pursuant to section 1105(a) of title 31, a certification 
whether or not the amounts requested for the National Nuclear 
Security Administration in such budget, and anticipated over the 
four fiscal years following such budget, meets nuclear stockpile 
and stockpile stewardship program requirements for such fiscal 
year and over such four fiscal years. If a member of the Council 
does not concur in a certification, the certification shall include 
the reasons for the member’s non-concurrence. 
‘‘(2) If a House of Congress adopts a bill authorizing or appro-
priating funds for the National Nuclear Security Administration 
for nuclear stockpile and stockpile stewardship program activities 
or other activities that, as determined by the Council, provides 
insufficient funds for such activities for the period covered by such 
bill, the Council shall notify the congressional defense committees 
of the determination.’’. 
(c) AGENDA OF MEETINGS.—Section 179(b)(3) of such title is 
amended by adding at the end the following: ‘‘To the extent possible, 
not later than seven days before a meeting, the Chairman shall 
disseminate to each member of the Council the agenda and docu-
ments for such meeting.’’. 
SEC. 1040. INTERAGENCY COUNCIL ON THE STRATEGIC CAPABILITY 
OF THE NATIONAL LABORATORIES. 
(a) ESTABLISHMENT.—Chapter 7 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 188. Interagency Council on the Strategic Capability of 
the National Laboratories 
‘‘(a) ESTABLISHMENT.—There is an Interagency Council on the 
Strategic Capability of the National Laboratories (in this section 
referred to as the ‘Council’). 
10 USC 188. 
Deadline. 
Determination. 
Notification. 
Certification. 
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126 STAT. 1929 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(b) MEMBERSHIP.—The membership of the Council is comprised 
of the following: 
‘‘(1) The Secretary of Defense. 
‘‘(2) The Secretary of Energy. 
‘‘(3) The Secretary of Homeland Security. 
‘‘(4) The Director of National Intelligence. 
‘‘(5) The Administrator for Nuclear Security. 
‘‘(6) Such other officials as the President considers appro-
priate. 
‘‘(c) STRUCTURE AND PROCEDURES.—The President may deter-
mine the chair, structure, staff, and procedures of the Council. 
‘‘(d) RESPONSIBILITIES.—The Council shall be responsible for 
the following matters: 
‘‘(1) Identifying and considering the science, technology, 
and engineering capabilities of the national laboratories that 
could be leveraged by each participating agency to support 
national security missions. 
‘‘(2) Reviewing and assessing the adequacy of the national 
security science, technology, and engineering capabilities of the 
national laboratories for supporting national security missions 
throughout the Federal Government. 
‘‘(3) Establishing and overseeing means of ensuring that— 
‘‘(A) capabilities identified by the Council under para-
graph (1) are sustained to an appropriate level; and 
‘‘(B) each participating agency provides the appropriate 
level of institutional support to sustain such capabilities. 
‘‘(4) In accordance with acquisition rules regarding federally 
funded research and development centers, establishing criteria 
for when each participating agency should seek to use the 
services of the national laboratories, including the identification 
of appropriate mission areas and capabilities. 
‘‘(5) Making recommendations to the President and Con-
gress regarding regulatory or statutory changes needed to 
better support— 
‘‘(A) the strategic capabilities of the national labora-
tories; and 
‘‘(B) the use of such laboratories by each participating 
agency. 
‘‘(6) Other actions the Council considers appropriate with 
respect to— 
‘‘(A) the sustainment of the national laboratories; and 
‘‘(B) the use of the strategic capabilities of such labora-
tories. 
‘‘(e) STREAMLINED PROCESS.—With respect to the participating 
agency for which a member of the Council is the head of, each 
member of the Council shall— 
‘‘(1) establish processes to streamline the consideration and 
approval of procuring the services of the national laboratories 
on appropriate matters; and 
‘‘(2) ensure that such processes are used in accordance 
with the criteria established under subsection (d)(4). 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘participating agency’ means a department 
or agency of the Federal Government that is represented on 
the Council by a member under subsection (b). 
‘‘(2) The term ‘national laboratories’ means— 
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126 STAT. 1930 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(A) each national security laboratory (as defined in 
section 3281(1) of the National Nuclear Security Adminis-
tration Act (50 U.S.C. 2471(1))); and 
‘‘(B) each national laboratory of the Department of 
Energy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the item relating 
to section 187 the following new item: 
‘‘188. Interagency Council on the Strategic Capability of the National Laboratories.’’. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than September 30, 2013, the 
Interagency Council on the Strategic Capability of the National 
Laboratories established under section 188 of title 10, United 
States Code, as added by subsection (a), shall submit to the 
appropriate congressional committees a report describing and 
assessing the following: 
(A) The actions taken to implement the requirements 
of such section 188 and the charter titled ‘‘Governance 
Charter for an Interagency Council on the Strategic Capa-
bility of DOE National Laboratories as National Security 
Assets’’ signed by the Secretary of Defense, the Secretary 
of Energy, the Secretary of Homeland Security, and the 
Director of National Intelligence in July 2010. 
(B) The effectiveness of the Council in accomplishing 
the purpose and objectives of such section and such 
Charter. 
(C) Efforts to strengthen work-for-others programs at 
the national laboratories. 
(D) Efforts to make work-for-others opportunities at 
the national laboratories more cost-effective. 
(E) Ongoing and planned measures for increasing cost- 
sharing and institutional support investments at the 
national laboratories from other agencies. 
(F) Any regulatory or statutory changes recommended 
to improve the ability of such other agencies to leverage 
expertise and capabilities at the national laboratories. 
(G) The strategic capabilities and core competencies 
of laboratories and engineering centers operated by the 
Department of Defense, including identification of mission 
areas and functions that should be carried out by such 
laboratories and engineering centers. 
(H) Consistent with the protection of sources and 
methods, the level of funding and general description of 
programs that were funded during fiscal year 2012 by— 
(i) the Department of Defense and carried out at 
the national laboratories; and 
(ii) the Department of Energy and the national 
laboratories and carried out at the laboratories and 
engineering centers of the Department of Defense. 
(2) FORM.—The report required by paragraph (1) shall be 
submitted in unclassified form, but may include a classified 
annex. 
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means the following: 
(A) The congressional defense committees. 
10 USC 188 note. 
10 USC 
prec. 171. 
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126 STAT. 1931 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) The Committee on Energy and Commerce of the 
House of Representatives and the Committee on Energy 
and Natural Resources of the Senate. 
(C) The Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate. 
(D) The Committee on Science, Space, and Technology 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate. 
(E) The Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee 
on Intelligence of the Senate. 
(d) CONSTRUCTION.—Nothing in section 188 of title 10, United 
States Code, as added by subsection (a), shall be construed to 
limit section 309 of the Homeland Security Act of 2002 (6 U.S.C. 
189). 
SEC. 1041. COST ESTIMATES FOR NUCLEAR WEAPONS. 
(a) BUDGET REQUIREMENTS.—Section 1043 of the National 
Defense Authorization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1576) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by amending subparagraph (F) 
to read as follows: 
‘‘(F) In accordance with paragraph (3), a detailed esti-
mate of the budget requirements associated with sustaining 
and modernizing the nuclear deterrent of the United States 
and the nuclear weapons stockpile of the United States, 
including the costs associated with the plans outlined under 
subparagraphs (A) through (E), over the 10-year period 
following the date of the report, including the applicable 
and appropriate costs associated with the procurement, 
military construction, operation and maintenance, and 
research, development, test, and evaluation accounts of 
the Department of Defense.’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(3) BUDGET
ESTIMATE
CONTENTS
AND
METHODOLOGY.— 
Each budget estimate under paragraph (2)(F) shall include 
a detailed description of the costs included in such estimate 
and the methodology used to create such estimate.’’; and 
(2) by adding at the end the following new subsection: 
‘‘(c) COMPTROLLER GENERAL REVIEW.—The Comptroller General 
of the United States shall— 
‘‘(1) review each report under subsection (a) for accuracy 
and completeness with respect to the matters described in 
paragraphs (2)(F) and (3) of such subsection; and 
‘‘(2) not later than 180 days after the date on which such 
report under subsection (a) is submitted, submit to the congres-
sional defense committees a summary of each such review.’’. 
(b) CBO ESTIMATE OF COSTS.—Not later than one year after 
the date of the enactment of this Act, the Director of the Congres-
sional Budget Office shall submit to the congressional defense 
committees a report setting forth the following: 
(1) An estimate of the costs over the 10-year period begin-
ning on the date of the report associated with fielding and 
maintaining the current nuclear weapons and nuclear weapon 
delivery systems of the United States. 
Deadline. 
Reports. 
Time period. 
Deadline. 
Time period. 
10 USC 188 note. 
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126 STAT. 1932 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) An estimate of the costs over the 10-year period begin-
ning on the date of the report of any life extension, moderniza-
tion, or replacement of any current nuclear weapons or nuclear 
weapon delivery systems of the United States that is antici-
pated as of the date of the report. 
SEC. 1042. PRIOR NOTIFICATION WITH REGARD TO RETIREMENT OF 
STRATEGIC DELIVERY SYSTEMS. 
(a) PRIOR NOTIFICATION.—The President shall ensure that the 
Secretary of Defense submits to Congress the plan required by 
section 1042(a) of the National Defense Authorization Act of Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1575) by not later than 
60 days before the date on which the President carries out any 
reduction, conversion, or decommissioning of any strategic delivery 
system pursuant to the levels set forth for such systems under 
the New START Treaty. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘New START Treaty’’ means the Treaty 
between the United States of America and the Russian Federa-
tion on Measures for the Further Reduction and Limitation 
of Strategic Offensive Arms, signed on April 8, 2010, and 
entered into force on February 5, 2011. 
(2) The term ‘‘strategic delivery system’’ means the fol-
lowing delivery platforms for nuclear weapons: 
(A) Land-based intercontinental ballistic missiles. 
(B) Submarine-launched ballistic missiles and associ-
ated ballistic missile submarines. 
(C) Nuclear-certified strategic bombers. 
(D) Nuclear-capable cruise missiles. 
SEC. 1043. REPORT ON NUCLEAR WARHEADS ON INTERCONTINENTAL 
BALLISTIC MISSILES OF THE UNITED STATES. 
Not later than 60 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on the requirements necessary to 
ensure that the United States retains the ability (and all of the 
related capabilities) to upload an intercontinental ballistic missile 
with multiple nuclear warheads in the event that operational 
requirements, technical failures, or other decisions require such 
an ability. 
SEC. 1044. REQUIREMENTS FOR COMBINED OR INTEROPERABLE WAR-
HEAD FOR CERTAIN MISSILE SYSTEMS. 
(a) NAVY
AND AIR FORCE STATEMENTS.—Not later than 75 
days after the date of the enactment of this Act, the Secretary 
of the Navy and the Secretary of the Air Force shall each submit 
separate statements to the Nuclear Weapons Council established 
by section 179 of title 10, United States Code, on— 
(1) plans related to a combined or interoperable warhead 
for the W78 Minuteman III missile system and the W88 Trident 
II D5 missile system; and 
(2) the views of the Secretary with respect to such combined 
or interoperable warhead. 
(b) REPORT BY NUCLEAR WEAPONS COUNCIL.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the Nuclear Weapons Council 
shall submit to the congressional defense committees a report 
setting forth the requirements for a combined or interoperable 
Deadline. 
President. 
Deadline. 
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126 STAT. 1933 
PUBLIC LAW 112–239—JAN. 2, 2013 
warhead for the W78 Minuteman III missile system and the 
W88 Trident II D5 missile system. 
(2) MATTERS INCLUDED.—The report under paragraph (1) 
shall include— 
(A) the views of the Council with respect to the com-
bined or interoperable warhead; and 
(B) the unaltered statements of the Secretary of the 
Navy and the Secretary of the Air Force submitted to 
the Council under subsection (a). 
SEC. 
1045. 
REPORTS 
ON 
CAPABILITY 
OF 
CONVENTIONAL 
AND 
NUCLEAR FORCES AGAINST CERTAIN TUNNEL SITES AND 
ON NUCLEAR WEAPONS PROGRAM OF THE PEOPLE’S 
REPUBLIC OF CHINA. 
(a) REPORT
ON
CAPABILITY
OF
U.S. CONVENTIONAL
AND 
NUCLEAR FORCES AGAINST CERTAIN TUNNEL SITES.— 
(1) REPORT.—Not later than one year after the date of 
the enactment of this Act, the Commander of the United States 
Strategic Command shall submit to the appropriate congres-
sional committees a report on the underground tunnel network 
used by the People’s Republic of China with respect to the 
capability of the United States to use conventional and nuclear 
forces to neutralize such tunnels and what is stored within 
such tunnels. 
(2) FORM.—The report under paragraph (1) shall be sub-
mitted in unclassified form, but may include a classified annex. 
(b) ASSESSMENT OF NUCLEAR WEAPONS PROGRAM.— 
(1) IN GENERAL.—The Secretary of Defense shall enter into 
an agreement with a federally funded research and development 
center to conduct an assessment of the nuclear weapons pro-
gram of the People’s Republic of China. 
(2) PANEL.—To conduct the assessment under paragraph 
(1), the federally funded research and development center shall 
convene a panel consisting of individuals who— 
(A) are nuclear weapons or military experts; 
(B) have significant experience and subject matter 
expertise based on the service of the individual in the 
Federal Government or the nuclear weapons laboratories; 
and 
(C) possess (or have recently possessed) the appropriate 
security clearance required to access relevant classified 
information of the intelligence community and the Depart-
ment of Energy. 
(3) MATTERS INCLUDED.—The assessment under paragraph 
(1) shall include the following: 
(A) An assessment of the nuclear deterrence strategy 
of China, including a historical perspective and the 
assessed geopolitical drivers of such strategy. 
(B) A detailed description of the nuclear arsenal of 
China, including— 
(i) the capabilities of such arsenal; 
(ii) the number of nuclear weapons in such arsenal 
capable of being delivered at intercontinental range; 
and 
(iii) any associated doctrines (including targeting 
doctrines) relating to such arsenal. 
Contracts. 
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126 STAT. 1934 
PUBLIC LAW 112–239—JAN. 2, 2013 
(C) A comparison of the nuclear forces of the United 
States with the nuclear forces of China, including with 
respect to nuclear forces that are deployed, in reserve, 
or awaiting dismantlement. 
(D) Projections of the possible future nuclear arsenals 
of China, including the capabilities and associated doctrines 
of such arsenals. 
(E) A description of command and control functions 
and gaps. 
(F) An assessment of the fissile material stockpile of 
China and the civil and military production capabilities 
and capacities. 
(G) An assessment of the production capacities of China 
for nuclear weapons and nuclear weapon delivery vehicles. 
(H) A discussion of any significant uncertainties sur-
rounding 
the 
nuclear 
weapons 
program 
of 
China, 
including— 
(i) identification of the knowledge gaps regarding 
such nuclear weapons program; and 
(ii) a discussion of the implications of any such 
gaps for the security of the United States and the 
allies of the United States. 
(I) Any recommendations to improve the understanding 
of the United States with respect to the nuclear weapons 
program of China. 
(4) REPORT.—Not later than August 15, 2013, the federally 
funded research and development center shall submit to the 
appropriate congressional committees a report on the assess-
ment conducted under paragraph (1). 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) The congressional defense committees. 
(2) The Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of 
the Senate. 
SEC. 1046. REPORT ON CONVENTIONAL AND NUCLEAR FORCES IN THE 
WESTERN PACIFIC REGION. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense, in consultation with the Secretary 
of State, shall submit to the congressional defense committees a 
report on the feasibility and strategic value of deploying additional 
conventional and nuclear forces to the Western Pacific region to 
ensure the presence of a robust conventional and nuclear capability, 
including a forward-deployed nuclear capability, of the United 
States in response to the ballistic missile and nuclear weapons 
developments of North Korea and the other belligerent actions 
North Korea has made against allies of the United States. The 
report shall include an evaluation of any bilateral agreements, 
basing arrangements, and costs that would be involved with such 
additional deployments. 
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126 STAT. 1935 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle F—Miscellaneous Authorities and 
Limitations 
SEC. 1051. EXPANSION OF AUTHORITY OF THE SECRETARY OF THE 
ARMY TO LOAN OR DONATE EXCESS NON-AUTOMATIC 
SERVICE RIFLES FOR FUNERAL AND OTHER CEREMONIAL 
PURPOSES. 
(a) IN GENERAL.—Section 4683 of title 10, United States Code, 
is amended— 
(1) in subsection (a), by adding at the end the following 
new paragraph: 
‘‘(3)(A) In order to meet the needs of an eligible organization 
with respect to performing funeral and other ceremonies, if the 
Secretary determines appropriate, the Secretary may— 
‘‘(i) loan or donate excess non-automatic service rifles to an 
eligible organization; or 
‘‘(ii) authorize an eligible organization to retain non-automatic 
service rifles other than M–1 rifles. 
‘‘(B) Nothing in this paragraph shall be construed to supersede 
any Federal law or regulation governing the use or ownership 
of firearms.’’; and 
(2) by striking the section heading and inserting the fol-
lowing: 
‘‘§ 4683. Excess non-automatic service rifles: loan or donation 
for funeral and other ceremonial purposes’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 443 of such title is amended by striking the item 
relating to section 4683 and inserting the following new item: 
‘‘4683. Excess non-automatic service rifles: loan or donation for funeral and other 
ceremonial purposes.’’. 
SEC. 1052. INTERAGENCY COLLABORATION ON UNMANNED AIRCRAFT 
SYSTEMS. 
(a) FINDINGS
ON JOINT DEPARTMENT
OF DEFENSE FEDERAL 
AVIATION ADMINISTRATION EXECUTIVE COMMITTEE
ON CONFLICT 
AND DISPUTE RESOLUTION.—Section 1036(a) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4596) is amended by adding at the end 
the following new paragraph: 
‘‘(9) Collaboration of scientific and technical personnel and 
sharing of technical information, test results, and resources 
where available from the Department of Defense, the Federal 
Aviation Administration, and the National Aeronautics and 
Space Administration can advance an enduring relationship 
of research capability to advance the access of unmanned air-
craft systems of the Department of Defense, the National Aero-
nautics and Space Administration and other public agencies 
to the National Airspace System.’’. 
(b) INTERAGENCY COLLABORATION.— 
(1) IN GENERAL.—The Secretary of Defense shall collaborate 
with the Administrator of the Federal Aviation Administration 
and the Administrator of the National Aeronautics and Space 
Administration to conduct research and seek solutions to chal-
lenges associated with the safe integration of unmanned aircraft 
49 USC 40101 
note. 
10 USC 
prec. 4681. 
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126 STAT. 1936 
PUBLIC LAW 112–239—JAN. 2, 2013 
systems into the National Airspace System in accordance with 
subtitle B of title III of the FAA Modernization and Reform 
Act of 2012 (Public Law 112–95; 126 Stat. 72). 
(2) ACTIVITIES IN SUPPORT OF PLAN ON ACCESS TO NATIONAL 
AIRSPACE
FOR
UNMANNED
AIRCRAFT
SYSTEMS.—Collaboration 
under paragraph (1) may include research and development 
of scientific and technical issues, equipment, and technology 
in support of the plan to safely accelerate the integration of 
unmanned aircraft systems as required by subtitle B of title 
III of the FAA Modernization and Reform Act of 2012. 
(3) NONDUPLICATIVE EFFORTS.—If the Secretary of Defense 
determines it is in the interest of the Department of Defense, 
the Secretary may use existing aerospace-related laboratories, 
personnel, equipment, research radars, and ground facilities 
of the Department of Defense to avoid duplication of efforts 
in carrying out collaboration under paragraph (1). 
(4) REPORTS.— 
(A) REQUIREMENT.—The Secretary of Defense, on 
behalf of the UAS Executive Committee, shall annually 
submit to the congressional defense committees, the Com-
mittee on Transportation and Infrastructure, and the Com-
mittee on Science, Space, and Technology of the House 
of Representatives, and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
progress of research activity of the Department of Defense, 
including— 
(i) progress in accomplishing the goals of the 
unmanned aircraft systems research, development, and 
demonstration as related to the Department of Defense 
Final Report to Congress on Access to National Air-
space for Unmanned Aircraft Systems of October 2010, 
and any ongoing and collaborative research and 
development programs with the Federal Aviation 
Administration and the National Aeronautics and 
Space Administration; 
(ii) estimates of long-term funding needs and 
details of funds expended and allocated in the budget 
requests of the President that support integration into 
the National Airspace; and 
(iii) progress in sharing with the Federal Aviation 
Administration safety operational and performance 
data as it relates to unmanned aircraft system oper-
ation and the impact on the National Airspace System. 
(B) TERMINATION.—The requirement to submit a report 
under subparagraph (A) shall terminate on the date that 
is 5 years after the date of the enactment of this Act. 
(c) UAS EXECUTIVE COMMITTEE DEFINED.—In this section, the 
term ‘‘UAS Executive Committee’’ means the National Aeronautics 
and Space and Administration and the Department of Defense– 
Federal Aviation Administration executive committee described in 
section 1036(b) of the Duncan Hunter National Defense Authoriza-
tion Act for Fiscal Year 2009 and established by the Secretary 
of Defense and the Administrator of the Federal Aviation Adminis-
tration. 
(d) AUTHORIZATION
OF
APPROPRIATIONS.—There is hereby 
authorized to be appropriated such sums as may be necessary 
to carry out this section. 
49 USC 40101 
note. 
Determination. 
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126 STAT. 1937 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1053. AUTHORITY TO TRANSFER SURPLUS MINE-RESISTANT 
AMBUSH-PROTECTED VEHICLES AND SPARE PARTS. 
(a) AUTHORITY.—The Secretary of Defense is authorized to 
transfer 
surplus 
Mine-Resistant 
Ambush-Protected 
vehicles, 
including spare parts for such vehicles, to non-profit United States 
humanitarian demining organizations for purposes of demining 
activities and training of such organizations. 
(b) TERMS AND CONDITIONS.—Any transfer of vehicles or spare 
parts under subsection (a) shall be subject to the following terms 
and conditions: 
(1) The transfer shall be made on a loan basis. 
(2) The costs of operation and maintenance of the vehicles 
shall be borne by the recipient organization. 
(3) Any other terms and conditions as the Secretary of 
Defense determines to be appropriate. 
(c) NOTIFICATION.—The Secretary of Defense shall notify the 
congressional defense committees in writing not less than 60 days 
before making any transfer of vehicles or spare parts under sub-
section (a). Such notification shall include the name of the organiza-
tion, the number and model of the vehicle to be transferred, a 
listing of any spare parts to be transferred, and any other informa-
tion the Secretary considers appropriate. 
SEC. 1054. NOTICE TO CONGRESS OF CERTAIN DEPARTMENT OF 
DEFENSE NONDISCLOSURE AGREEMENTS. 
(a) NOTICE REQUIRED.—The Secretary of Defense shall submit 
to the congressional defense committees notice of any request or 
requirement for members of the Armed Forces or civilian employees 
of the Department of Defense to enter into nondisclosure agree-
ments that could restrict the ability of such members or employees 
to communicate with Congress. Each such notice shall include the 
following: 
(1) The basis in law for the agreement. 
(2) An explanation for the restriction of the ability to 
communicate with Congress. 
(3) A description of the category of individuals requested 
or required to enter into the agreement. 
(4) A copy of the language contained in the agreement. 
(b) TIMING OF NOTIFICATION.— 
(1) REQUESTS OR REQUIREMENTS BEFORE DATE OF ENACT-
MENT.—In the case of nondisclosure agreements described in 
subsection (a) that members or employees were first requested 
or required to enter into on or before the date of the enactment 
of this Act, the notice required by subsection (a) shall be sub-
mitted not later than 60 days after the date of enactment. 
(2) REQUESTS OR REQUIREMENTS AFTER DATE OF ENACT-
MENT.—In the case of nondisclosure agreements described in 
subsection (a) that members or employees were first requested 
or required to enter into after the date of the enactment of 
this Act, the notice required by subsection (a) shall be submitted 
not later than 30 days after the date on which the Secretary 
first requests or requires that the members or employees enter 
into the agreements. 
Deadlines. 
Records. 
10 USC 1034 
note. 
Deadline. 
Lists. 
10 USC 407 note. 
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126 STAT. 1938 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1055. EXTENSION OF AUTHORITY TO PROVIDE ASSURED BUSI-
NESS GUARANTEES TO CARRIERS PARTICIPATING IN 
CIVIL RESERVE AIR FLEET. 
(a) EXTENSION.—Subsection (k) of section 9515 of title 10, 
United States Code, is amended by striking ‘‘December 31, 2015’’ 
and inserting ‘‘December 31, 2020’’. 
(b) APPLICATION TO ALL SEGMENTS OF CRAF.—Such section 
is further amended— 
(1) in subsection (a)(3), by striking ‘‘passenger’’; and 
(2) in subsection (j), by striking ‘‘, except that it only 
means such transportation for which the Secretary of Defense 
has entered into a contract for the purpose of passenger travel’’. 
SEC. 1056. AUTHORITY FOR SHORT-TERM EXTENSION OF LEASE FOR 
AIRCRAFT SUPPORTING THE BLUE DEVIL INTELLIGENCE, 
SURVEILLANCE, AND RECONNAISSANCE PROGRAM. 
(a) IN GENERAL.—Notwithstanding section 2401 of title 10, 
United States Code, the Secretary of the Air Force may extend 
or renew the lease of aircraft supporting the Blue Devil intelligence, 
surveillance, and reconnaissance program after the date of the 
expiration of the current lease of such aircraft for a term that 
is the shorter of— 
(1) the period beginning on the date of the expiration 
of the current lease and ending on the date on which the 
Commander of the United States Central Command notifies 
the Secretary that a substitute is available for the capabilities 
provided by the lease, or that the capabilities provided by 
such aircraft are no longer required; or 
(2) six months. 
(b) FUNDING.—Amounts authorized to be appropriated for fiscal 
year 2013 by title XV and available for Overseas Contingency 
Operations for operation and maintenance as specified in the 
funding tables in section 4302 may be available for the extension 
or renewal of the lease authorized by subsection (a). 
SEC. 1057. RULE OF CONSTRUCTION RELATING TO PROHIBITION ON 
INFRINGING ON THE INDIVIDUAL RIGHT TO LAWFULLY 
ACQUIRE, POSSESS, OWN, CARRY, AND OTHERWISE USE 
PRIVATELY OWNED FIREARMS, AMMUNITION, AND OTHER 
WEAPONS. 
Section 1062(c) of the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4363) 
is amended— 
(1) in paragraph (1)(B), by striking ‘‘; or’’ and inserting 
a semicolon; 
(2) in paragraph (2), by striking ‘‘others.’’ and inserting 
‘‘others; or’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(3) authorize a health professional that is a member of 
the Armed Forces or a civilian employee of the Department 
of Defense or a commanding officer to inquire if a member 
of the Armed Forces plans to acquire, or already possesses 
or owns, a privately-owned firearm, ammunition, or other 
weapon, if such health professional or such commanding officer 
has reasonable grounds to believe such member is at risk 
for suicide or causing harm to others.’’. 
10 USC 
prec. 1030 note. 
Time period. 
Notification. 
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126 STAT. 1939 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1058. SENSE OF CONGRESS ON THE JOINT WARFIGHTING ANAL-
YSIS CENTER. 
It is the sense of Congress that the Joint Warfighting Analysis 
Center (JWAC) should have adequate resources to meet the con-
tinuing requirements of the combatant commands. 
SEC. 1059. LIMITATIONS ON RETIREMENT OF FIXED-WING INTRA-THE-
ATER AIRLIFT AIRCRAFT FOR GENERAL SUPPORT AND 
TIME SENSITIVE/MISSION CRITICAL DIRECT SUPPORT 
AIRLIFT MISSIONS OF THE DEPARTMENT OF DEFENSE. 
(a) LIMITATION ON RETIREMENTS.—During fiscal year 2013, the 
Secretary of the Air Force shall retain an additional 32 fixed- 
wing, intra-theater airlift aircraft beyond the number of such air-
craft proposed to be retained in the Secretary’s total force structure 
proposal provided to the congressional defense committees on 
November 2, 2012. 
(b) INCORPORATION OF CONCEPT OF EMPLOYMENT.—Not later 
than June 1, 2013, the Secretary of the Air Force shall ensure 
that the concept of employment for the Department of the Air 
Force direct support of Department of the Army time sensitive 
or mission critical intra-theater airlift mission, as agreed to by 
the Vice Chiefs of Staff of the Air Force and the Army by memo-
randum of agreement dated September 13, 2009, and agreed to 
by the Chiefs of Staff of the Air Force and the Army and the 
Vice Chairman of the Joint Chiefs of Staff, by memorandum of 
understanding dated January 27, 2012, is wholly incorporated into 
Department of the Air Force doctrine, strategy, tactics, and mod-
eling and the Air Force core capabilities of agile combat support 
and rapid global mobility operations. 
Subtitle G—Studies and Reports 
SEC. 1061. ELECTRONIC WARFARE STRATEGY OF THE DEPARTMENT 
OF DEFENSE. 
(a) GUIDANCE REQUIRED.—Not later than January 1, 2013, 
the Secretary of Defense shall review and update Department of 
Defense guidance related to electronic warfare to ensure that over-
sight roles and responsibilities within the Department related to 
electronic warfare policy and programs are clearly defined. Such 
guidance shall clarify, as appropriate, the roles and responsibilities 
related to the integration of electronic warfare matters and cyber-
space operations. 
(b) PLAN REQUIRED.—Not later than October 1, 2013, the Com-
mander of the United States Strategic Command shall update and 
issue guidance regarding the responsibilities of the Command with 
regard to joint electronic warfare capabilities. Such guidance shall— 
(1) define the role and objectives of the Joint Electro-
magnetic Spectrum Control Center or any other center estab-
lished in the Command to provide governance and oversight 
of electronic warfare matters; and 
(2) include an implementation plan outlining tasks, metrics, 
and timelines to establish such a center. 
(c) ADDITIONAL REPORTING REQUIREMENTS.—Section 1053(b)(1) 
of the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2459) is amended— 
10 USC 113 note. 
10 USC 113 note. 
Deadline. 
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126 STAT. 1940 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) in subparagraph (B), by striking ‘‘; and’’ and inserting 
a semicolon; 
(2) in subparagraph (C), by striking the period and 
inserting a semicolon; and 
(3) by adding at the end the following new subparagraphs: 
‘‘(D) performance measures to guide the implementa-
tion of such strategy; 
‘‘(E) an identification of resources and investments nec-
essary to implement such strategy; and 
‘‘(F) an identification of the roles and responsibilities 
within the Department to implement such strategy.’’. 
SEC. 1062. REPORT ON COUNTERPROLIFERATION CAPABILITIES AND 
LIMITATIONS. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall provide 
to the congressional defense committees a report outlining oper-
ational capabilities, limitations, and shortfalls within the Depart-
ment of Defense with respect to counterproliferation and combating 
weapons of mass destruction involving special operations forces 
and key enabling forces. 
(b) ELEMENTS.—The report required under subsection (a) shall 
include each of the following elements: 
(1) An overview and assessment of current counterprolifera-
tion and combating weapons of mass destruction capabilities, 
capacity, and limitations of special operations forces and key 
enabling capabilities provided by other supporting elements 
of the Department of Defense and other Government agencies. 
(2) An assessment of the unique capabilities of special 
operations forces to counter a proliferant’s ability to develop 
weapons 
of 
mass 
destruction, 
including 
all 
phases 
of 
weaponization. 
(3) An overview and assessment of current and future 
training requirements and gaps, including the adequacy and 
availability of training facilities relative to paragraphs (1) and 
(2). 
(4) An assessment of technical capability gaps relative to 
paragraphs (1) and (2), including an identification of any gaps 
that are unique to special operations forces. 
(5) An assessment of interagency coordination capabilities 
and gaps, including intelligence support to countering weapons 
of mass destruction. 
(6) An assessment of current international bilateral and 
multilateral partnerships and the limitations of such partner-
ships, including an assessment of existing authorities to build 
partnership capacity in countering weapons of mass destruction 
unique to special operations forces. 
(7) A description of efforts to address the limitations and 
gaps referred to in paragraphs (1) through (6), including 
timelines and requirements to address such limitations and 
such gaps. 
(8) Any other matters the Secretary considers appropriate. 
SEC. 1063. REPORT ON STRATEGIC AIRLIFT AIRCRAFT. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees, the Committee on Transportation and Infra-
structure of the House of Representatives, and the Committee on 
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126 STAT. 1941 
PUBLIC LAW 112–239—JAN. 2, 2013 
Commerce, Science, and Transportation of the Senate a report 
that sets forth the following: 
(1) An assessment of the feasibility and advisability of 
obtaining a Federal Aviation Administration certification for 
commercial use of each of the following: 
(A) A commercial variant of the C–17 aircraft. 
(B) A retired C–17A aircraft. 
(C) A retired C–5A aircraft. 
(2) An assessment of the current limitations of the aircraft 
of the Civil Reserve Air Fleet. 
(3) An assessment of the potential for using the aircraft 
referred to in paragraph (1) in the Civil Reserve Air Fleet. 
(4) An assessment of the advantages of adding the aircraft 
referred to in paragraph (1) to the Civil Reserve Air Fleet. 
(5) An update on the status of any cooperation between 
the Federal Aviation Administration and the Department of 
Defense on the certification of the aircraft referred to in para-
graph (1). 
(6) A description of all actions required, including any 
impediments to such actions, to offering retired C–5A aircraft 
or retired C–17A aircraft as excess defense articles to United 
States allies or for sale to Civil Reserve Air Fleet carriers. 
(7) A description of the actions required for interested 
allies or Civil Reserve Air Fleet carriers to take delivery of 
excess C–5A aircraft or excess C–17A aircraft, including the 
actions, modifications, or demilitarization necessary for such 
recipients to take delivery of such aircraft, and provisions for 
permitting such recipients to undertake responsibility for such 
actions, to the maximum extent practicable. 
SEC. 1064. REPEAL OF BIENNIAL REPORT ON THE GLOBAL POSI-
TIONING SYSTEM. 
Section 2281 of title 10, United States Code, is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsection (e) as subsection (d). 
SEC. 1065. IMPROVEMENTS TO REPORTS REQUIRED ON ACQUISITION 
OF TECHNOLOGY RELATING TO WEAPONS OF MASS 
DESTRUCTION AND THE THREAT POSED BY WEAPONS OF 
MASS DESTRUCTION, BALLISTIC MISSILES, AND CRUISE 
MISSILES. 
(a) IN
GENERAL.—Section 234 of the National Defense 
Authorization Act for Fiscal Year 1998 (50 U.S.C. 2367) is amended 
to read as follows: 
‘‘SEC. 234. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO 
WEAPONS OF MASS DESTRUCTION AND THE THREAT 
POSED BY WEAPONS OF MASS DESTRUCTION, BALLISTIC 
MISSILES, AND CRUISE MISSILES. 
‘‘(a) ANNUAL REPORT.—Not later than January 30 of each year, 
the Secretary of Defense, in consultation with the Director of 
National Intelligence, shall submit to the appropriate congressional 
committees a report on the following: 
‘‘(1) The threats posed to the United States and allies 
of the United States— 
‘‘(A) by weapons of mass destruction, ballistic missiles, 
and cruise missiles; and 
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126 STAT. 1942 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(B) by the proliferation of weapons of mass destruc-
tion, ballistic missiles, and cruise missiles. 
‘‘(2) The acquisition by foreign countries during the pre-
ceding 12 months of dual-use and other technology useful for 
the development or production of weapons of mass destruction 
(including nuclear weapons, chemical weapons, and biological 
weapons) and advanced conventional munitions. 
‘‘(3) Any trends with respect to the acquisition described 
in paragraph (2). 
‘‘(b) MATTERS INCLUDED.—Each report submitted under sub-
section (a) shall include the following: 
‘‘(1) Identification of each foreign country and non-State 
organization that possesses weapons of mass destruction, bal-
listic missiles, or cruise missiles, and a description of such 
weapons and missiles with respect to each such foreign country 
and non-State organization. 
‘‘(2) A description of the means by which any foreign 
country and non-State organization that has achieved, or is 
making progress toward achieving, capability with respect to 
weapons of mass destruction, ballistic missiles, or cruise mis-
siles has achieved, or is making progress toward achieving, 
that capability, including a description of the international 
network of foreign countries and private entities that provide 
assistance to foreign countries and non-State organizations in 
achieving that capability. 
‘‘(3) An examination of the doctrines that guide the use 
of weapons of mass destruction in each foreign country that 
possesses such weapons. 
‘‘(4) An examination of the existence and implementation 
of the control mechanisms that exist with respect to nuclear 
weapons in each foreign country that possesses such weapons. 
‘‘(5) Identification of each foreign country and non-State 
organization that seeks to acquire or develop (indigenously 
or with foreign assistance) weapons of mass destruction, bal-
listic missiles, or cruise missiles, and a description of such 
weapons and missiles with respect to each such foreign country 
and non-State organization. 
‘‘(6) An assessment of various possible timelines for the 
achievement by foreign countries and non-State organizations 
of capability with respect to weapons of mass destruction, bal-
listic missiles, and cruise missiles, taking into account the 
probability of whether foreign countries that are a party to 
the Missile Technology Control Regime will comply with and 
enforce the regime, the potential availability of assistance from 
foreign technical specialists, and the potential for independent 
sales by foreign private entities without authorization from 
their national governments. 
‘‘(7) For each foreign country or non-State organization 
that has not achieved the capability to target the United States 
or its territories with weapons of mass destruction, ballistic 
missiles, or cruise missiles as of the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 2013, 
an estimate of how far in advance the United States is likely 
to be warned before such foreign country or non-State organiza-
tion achieves that capability. 
‘‘(8) For each foreign country or non-State organization 
that has not achieved the capability to target members of 
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126 STAT. 1943 
PUBLIC LAW 112–239—JAN. 2, 2013 
the Armed Forces of the United States deployed abroad with 
weapons of mass destruction, ballistic missiles, or cruise mis-
siles as of the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2013, an estimate of how 
far in advance the United States is likely to be warned before 
such foreign country or non-State organization achieves that 
capability. 
‘‘(c) CLASSIFICATION.—Each report submitted under subsection 
(a) shall be submitted in unclassified form, but may include a 
classified annex. 
‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘appropriate congressional committees’ means 
the following: 
‘‘(1) The congressional defense committees. 
‘‘(2) The congressional intelligence committees (as defined 
in section 3 of the National Security Act of 1947 (50 U.S.C. 
401a)). 
‘‘(3) The Speaker and the minority leader of the House 
of Representatives and the majority leader and the minority 
leader of the Senate.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85) is amended by striking the item relating 
to section 234 and inserting the following new item: 
‘‘Sec. 234. Reports on acquisition of technology relating to weapons of mass destruc-
tion and the threat posed by weapons of mass destruction, ballistic mis-
siles, and cruise missiles.’’. 
(c) CONFORMING
REPEAL.—Section 721 of the Intelligence 
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2366) is repealed. 
SEC. 1066. REPORT ON FORCE STRUCTURE OF THE UNITED STATES 
ARMY. 
(a) REPORT REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of the Army shall 
submit to Congress a report on the force structure of the Army. 
(b) ELEMENTS
OF REPORT.—The report required under sub-
section (a) shall include each of the following: 
(1) A description of the planning assumptions and scenarios 
used to determine the size and force structure of the United 
States Army, including the reserve component, for the Future 
Years Defense Program for fiscal years 2014 through 2018. 
(2) An evaluation of the adequacy of the proposed force 
structure for meeting the goals of the national military strategy 
of the United States. 
(3) A description of any alternative force structures consid-
ered, including the assessed advantages and disadvantages of 
each and a brief explanation of why those not selected were 
rejected. 
(4) The estimated resource requirements of each of the 
alternative force structures referred to in paragraph (3). 
(5) An independent risk assessment of the proposed Army 
force structure, to be conducted by the Chief of Staff of the 
Army. 
(6) Such other information as the Secretary of the Army 
determines is appropriate. 
(c) CLASSIFIED ANNEX.—The report required by subsection (a) 
shall be in unclassified form but may include a classified annex. 
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126 STAT. 1944 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1067. REPORT ON PLANNED EFFICIENCY INITIATIVES AT SPACE 
AND NAVAL WARFARE SYSTEMS COMMAND. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of the Navy shall submit to the congressional 
defense committees a report on plans to implement efficiency initia-
tives to reduce overhead costs at all echelons of the Space and 
Naval Warfare Systems Command (SPAWAR), including a detailed 
description of the long-term impacts on current and planned future 
mission requirements. 
SEC. 1068. REPORT ON MILITARY RESOURCES NECESSARY TO EXE-
CUTE UNITED STATES FORCE POSTURE STRATEGY IN THE 
ASIA PACIFIC REGION. 
(a) REVIEW REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall, in con-
sultation with the Chairman of the Joint Chiefs of Staff, conduct 
a comprehensive review of the national defense strategy, force 
structure, force modernization plans, infrastructure, budget 
plan, and other elements of the defense program and policies 
of the United States with regard to the Asia Pacific region 
to determine the resources, equipment, and transportation 
required to meet the strategic and operational plans of the 
United States. 
(2) ELEMENTS.—The review required under paragraph (1) 
shall include the following elements: 
(A) The force structure, force modernization plans, 
infrastructure, budget plan, and other elements of the 
defense program of the United States associated with the 
Asia Pacific region that would be required to execute 
successfully the full range of missions called for in the 
national defense strategy. 
(B) An estimate of the timing for initial and final 
operational capability for each unit based in, realigned 
within, or identified for support to the Asia Pacific region. 
(C) An assessment of the strategic and tactical sea, 
ground, and air transportation required for the forces 
assigned to the Asia Pacific region to meet strategic and 
operational plans. 
(D) The specific capabilities, including the general 
number and type of specific military platforms, their 
permanent station, and planned forward operating loca-
tions needed to achieve the strategic and warfighting objec-
tives identified in the review. 
(E) The forward presence, phased deployments, pre- 
positioning, and other anticipatory deployments of man-
power or military equipment necessary for conflict deter-
rence and adequate military response to anticipated con-
flicts. 
(F) The budget plan that would be required to provide 
sufficient resources to execute successfully the full range 
of missions and phased operations in the Asia Pacific region 
at a low-to-moderate level of risk and any additional 
resources (beyond those programmed in the current future- 
years defense program) required to achieve such a level 
of risk. 
(G) Budgetary recommendations that are not con-
strained to comply with and are fully independent of the 
Consultation. 
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126 STAT. 1945 
PUBLIC LAW 112–239—JAN. 2, 2013 
budget submitted to Congress by the President pursuant 
to section 1105 of title 31, United States Code. 
(b) CJCS REVIEW.—Upon the completion of the review under 
subsection (a), the Chairman of the Joint Chiefs of Staff shall 
prepare and submit to the Secretary of Defense the Chairman’s 
assessment of the review, including the Chairman’s assessment 
of risk and a description of the capabilities needed to address 
such risk. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on 
the results of the review required under subsection (a). 
(2) CONTENT.—The report required under paragraph (1) 
shall include the following elements: 
(A) A description of the elements set forth under sub-
section (a)(1). 
(B) A description of the assumptions used in the exam-
ination, including assumptions relating to— 
(i) the status of readiness of the Armed Forces; 
(ii) the cooperation of allies and partners, mission- 
sharing, and additional benefits to and burdens on 
the Armed Forces resulting from coalition operations; 
(iii) warning times; 
(iv) levels of engagement in operations other than 
war and smaller-scale contingencies and withdrawal 
from such operations and contingencies; 
(v) the intensity, duration, and military and polit-
ical end-states of conflicts and smaller-scale contin-
gencies; and 
(vi) the roles and responsibilities that would be 
discharged by contractors. 
(C) Any other matters the Secretary of Defense con-
siders appropriate. 
(D) The full and complete assessment of the Chairman 
of the Joint Chiefs of Staff under subsection (b), including 
related comments of the Secretary of Defense. 
(3) FORM.—The report required under paragraph (1) may 
be submitted in classified or unclassified form. 
SEC. 1069. RIALTO-COLTON BASIN, CALIFORNIA, WATER RESOURCES 
STUDY. 
(a) IN GENERAL.—Not later than two years after the date of 
the enactment of this Act, the Secretary of the Interior, acting 
through the Director of the United States Geological Survey, shall 
complete a study of water resources in the Rialto-Colton Basin 
in the State of California (in this section referred to as the ‘‘Basin’’), 
including— 
(1) a survey of ground water resources in the Basin, 
including an analysis of— 
(A) the delineation, either horizontally or vertically, 
of the aquifers in the Basin, including the quantity of 
water in the aquifers; 
(B) the availability of ground water resources for 
human use; 
(C) the salinity of ground water resources; 
Assessment. 
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126 STAT. 1946 
PUBLIC LAW 112–239—JAN. 2, 2013 
(D) the identification of a recent surge in perchlorate 
concentrations in ground water, whether significant sources 
are being flushed through the vadose zone, or if perchlorate 
is being remobilized; 
(E) the identification of impacts and extents of all 
source areas that contribute to the regional plume to be 
fully characterized; 
(F) the potential of the ground water resources to 
recharge; 
(G) the interaction between ground water and surface 
water; 
(H) the susceptibility of the aquifers to contamination, 
including identifying the extent of commingling of plume 
emanating within surrounding areas in San Bernardino 
County, California; and 
(I) any other relevant criteria; and 
(2) a characterization of surface and bedrock geology of 
the Basin, including the effect of the geology on ground water 
yield and quality. 
(b) COORDINATION.—The Secretary shall carry out the study 
in coordination with the State of California and any other entities 
that the Secretary determines to be appropriate, including other 
Federal agencies and institutions of higher education. 
(c) REPORT.—Upon completion of the study, the Secretary shall 
submit to the Committee on Energy and Natural Resources of 
the Senate and the Committee on Natural Resources of the House 
of Representatives a report that describes the results of the study. 
SEC. 1070. REPORTS ON THE POTENTIAL SECURITY THREAT POSED 
BY BOKO HARAM. 
(a) DIRECTOR OF NATIONAL INTELLIGENCE REPORT.—Not later 
than 180 days after the date of the enactment of this Act, the 
Director of National Intelligence shall submit to Congress a classi-
fied intelligence assessment of the Nigerian organization known 
as Boko Haram. Such assessment shall address the following: 
(1) The organizational structure, operational goals, and 
funding sources of Boko Haram. 
(2) The extent to which Boko Haram threatens the stability 
of Nigeria and surrounding countries. 
(3) The extent to which Boko Haram threatens the security 
of citizens of the United States or the national security or 
interests of the United States. 
(4) Any interaction between Boko Haram and al-Qaeda 
in the Islamic Maghreb or other al-Qaeda affiliates with respect 
to operational planning and execution, training, and funding. 
(5) The capacity of Nigerian security forces to counter the 
threat posed by Boko Haram and an assessment of the effective-
ness of the strategy of the Nigerian government to date. 
(6) Any intelligence gaps with respect to the leadership, 
operational goals, and capabilities of Boko Haram. 
(b) SECRETARY OF STATE AND SECRETARY OF DEFENSE JOINT 
REPORT.—Not later than 90 days after the date on which the 
report required by subsection (a) is submitted to Congress, the 
Secretary of State and the Secretary of Defense shall jointly submit 
to Congress a classified report describing the strategy of the United 
States to counter the threat posed by Boko Haram. 
Classified 
information. 
Assessment. 
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126 STAT. 1947 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1071. STUDY ON THE ABILITY OF NATIONAL TEST AND EVALUA-
TION CAPABILITIES TO SUPPORT THE MATURATION OF 
HYPERSONIC TECHNOLOGIES FOR FUTURE DEFENSE SYS-
TEMS DEVELOPMENT. 
(a) STUDY REQUIRED.—The Director of the Office of Science 
and Technology Policy, working with the Secretary of Defense and 
the Administrator of the National Aeronautics and Space Adminis-
tration (NASA), shall conduct a study on the ability of the national 
test and evaluation infrastructure, including ground test facilities 
and open air ranges of the Department of Defense, and leveraging 
NASA and private facilities, when appropriate, to effectively and 
efficiently mature hypersonic technologies for defense systems 
development in the short and long term. 
(b) REPORT AND PLAN.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the appropriate congressional committees a report 
containing the results of the study required under subsection 
(a) together with a plan for requirements and proposed invest-
ments to meet Department of Defense needs through 2030. 
(2) CONTENT.—The report required under paragraph (1) 
shall include the following elements: 
(A) An assessment of the current condition and ade-
quacy of the hypersonics test and evaluation infrastructure 
within the Department of Defense, NASA, and the private 
sector to support hypersonic research and development 
within the Department of Defense. 
(B) An identification of test and evaluation infrastruc-
ture outside the Department of Defense that could be used 
to support Department of Defense hypersonic research and 
development and assess means to ensure the availability 
of such capabilities to the Department in the present and 
future. 
(C) A time-phased plan to acquire required hypersonics 
research, development, test and evaluation capabilities, 
including identification of the resources necessary to 
acquire any needed capabilities that are currently not avail-
able. 
(D) Other matters the Secretary determines are appro-
priate. 
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Armed Services and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate; and 
(B) the Committee on Armed Services and the Com-
mittee on Science, Space, and Technology of the House 
of Representatives. 
Subtitle H—Other Matters 
SEC. 1076. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) AMENDMENTS TO NATIONAL DEFENSE AUTHORIZATION ACT 
FOR FISCAL YEAR 2012.—Effective as of December 31, 2011, and 
Effective date. 
10 USC 139c 
note. 
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126 STAT. 1948 
PUBLIC LAW 112–239—JAN. 2, 2013 
as if included therein as enacted, the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81) is amended 
as follows: 
(1) Section 243(d) (125 Stat. 1344) is amended by striking 
‘‘paragraph’’ and inserting ‘‘subsection’’. 
(2) Section 323(b) (125 Stat. 1362) is amended by striking 
‘‘Section 328(b)(A)’’ and inserting ‘‘Section 328(b)(2)(A)’’. 
(3) Section 541(b) (125 Stat. 1407) is amended by striking 
‘‘, as amended by subsection (a),’’. 
(4) Section 589(b) (125 Stat. 1438) is amended by striking 
‘‘section 717’’ and inserting ‘‘section 2564’’. 
(5) Section 602(a)(2) (125 Stat. 1447) is amended by striking 
‘‘repairs,’’ and inserting ‘‘repairs’’. 
(6) Section 631(e)(28)(A) (125 Stat. 1464) is amended by 
striking ‘‘before ‘In addition’ ’’ and inserting ‘‘before ‘Under regu-
lations’ ’’. 
(7) Section 631(f)(2) (125 Stat. 1464) is amended by striking 
‘‘table of chapter’’ and inserting ‘‘table of chapters’’. 
(8) Section 631(f)(3)(B) (125 Stat. 1465) is amended by 
striking ‘‘chapter 9’’ and inserting ‘‘chapter 10’’. 
(9) Section 631(f)(4) (125 Stat. 1465) is amended by striking 
‘‘subsection (c)’’ both places it appears and inserting ‘‘subsection 
(d)’’. 
(10) Section 801 (125 Stat. 1482) is amended— 
(A) in subsection (a)(1)(B), by striking ‘‘paragraphs (6) 
and (7)’’ and inserting ‘‘paragraphs (5) and (6)’’; 
(B) in subsection (a)(2), in the matter proposed to be 
inserted as a new paragraph, by striking the double closing 
quotation marks after ‘‘capabilities’’ and inserting a single 
closing quotation mark; and 
(C) in subsection (e)(1)(A), by striking ‘‘Point’’ in the 
matter proposed to be struck and inserting ‘‘Point A’’. 
(11) Section 806(d) (125 Stat. 1487) is amended by striking 
‘‘paragraph (2)’’ and inserting ‘‘subsection (c)(2)’’. 
(12) Section 832(b)(1) (125 Stat. 1504) is amended by 
striking ‘‘Defenese’’ and inserting ‘‘Defense’’. 
(13) Section 855 (125 Stat. 1521) is amended by striking 
‘‘Section 139e(b)(12)’’ and inserting ‘‘Section 139c(b)(12)’’. 
(14) Section 864(a)(2) (125 Stat. 1522) is amended by 
striking ‘‘for Acquisition Workforce Programs’’ in the matter 
proposed to be struck. 
(15) Section 864(d)(2) (125 Stat. 1525) is amended to read 
as follows: 
‘‘(2) in paragraph (6), by striking ‘ensure that amounts 
collected’ and all that follows through the end of the paragraph 
(as amended by section 526 of division C of Public Law 112– 
74 (125 Stat. 914)) and inserting ‘ensure that amounts collected 
under this section are not used for a purpose other than the 
activities set forth in section 1201(a) of this title.’.’’. 
(16) Section 866(a) (125 Stat. 1526) is amended by striking 
‘‘September 30’’ in the matter proposed to be struck and 
inserting ‘‘December 31’’. 
(17) Section 867 (125 Stat. 1526) is amended— 
(A) in paragraph (1), by striking ‘‘2010’’ in the matter 
proposed to be struck and inserting ‘‘2011’’; and 
(B) in paragraph (2), by striking ‘‘2013’’ in the matter 
proposed to be struck and inserting ‘‘2014’’. 
10 USC 2302 
note. 
15 USC 637 note. 
41 USC 1703. 
41 USC 1704. 
10 USC 139c. 
10 USC 2430 
note. 
10 USC 2302 
note. 
2 USC 906; 
5 USC 4109, 
5760; 10 USC 
701 note prec., 
1071 note, 1174a, 
1175, 1175a, 
1491, 1591 note; 
14 USC 512; 
32 USC 115; 
36 USC 2101; 
37 USC 403, 420, 
422. 
10 USC 2366a. 
37 USC 
prec. 551. 
37 USC 
prec. 101. 
37 USC 489. 
10 USC 7572. 
10 USC 
prec. 2551. 
10 USC 920b. 
10 USC 4544 
note. 
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126 STAT. 1949 
PUBLIC LAW 112–239—JAN. 2, 2013 
(18) Section 933(c) (125 Stat. 1544; 10 U.S.C. 2330 note) 
is amended by striking ‘‘of this title’’ in the matter proposed 
to be inserted and inserting ‘‘of title 10, United States Code’’. 
(19) Section 1045(c)(1) (125 Stat. 1577) is amended by 
striking ‘‘described in subsection (b)’’ and inserting ‘‘described 
in paragraph (2)’’. 
(20) Section 1067 (125 Stat. 1589) is amended— 
(A) by striking subsection (a); and 
(B) by striking the subsection designation and the sub-
section heading of subsection (b). 
(21) Section 2702 (125 Stat. 1681) is amended— 
(A) in the section heading, by striking ‘‘AUTHORIZED’’ 
and inserting ‘‘AUTHORIZATION OF APPROPRIATIONS FOR’’; 
and 
(B) by striking ‘‘Using amounts’’ and all that follows 
through ‘‘may carry out’’ and inserting ‘‘Funds are hereby 
authorized to be appropriated for fiscal years beginning 
after September 30, 2011, for’’. 
(22) Section 2815(c) (125 Stat. 1689) is amended by 
inserting ‘‘subchapter III of’’ before ‘‘chapter 169’’. 
(b) AMENDMENTS
TO
IKE
SKELTON
NATIONAL
DEFENSE 
AUTHORIZATION
ACT
FOR
FISCAL
YEAR
2011.—Effective as of 
January 7, 2011, and as if included therein as enacted, the Ike 
Skelton National Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383) is amended as follows: 
(1) Section 358(c)(3) (124 Stat. 4199) is amended by striking 
‘‘fulfil’’ and inserting ‘‘fulfill’’. 
(2) Section 533(b) (124 Stat. 4216) is amended by inserting 
‘‘Section’’ before ‘‘1559(a)’’. 
(3) Section 896(a) (124 Stat. 4314) is amended by striking 
‘‘Chapter 7’’ and inserting ‘‘Chapter 4’’. 
(4) Section 1075(b)(50)(C) (124 Stat. 4371) is amended by 
striking ‘‘subsection (j)(1)’’ and inserting ‘‘subsection (j)’’. 
(5) Section 1203(a) (124 Stat. 4386) is amended in the 
matter preceding paragraph (1) by striking ‘‘Fiscal Year 2009’’ 
and inserting ‘‘Fiscal Year 2008’’. 
(c) AMENDMENTS TO REFLECT REDESIGNATION OF CERTAIN POSI-
TIONS IN OFFICE OF SECRETARY OF DEFENSE.— 
(1) ASSISTANT SECRETARY OF DEFENSE FOR NUCLEAR, CHEM-
ICAL, AND BIOLOGICAL DEFENSE PROGRAMS.—Section 1605(a)(5) 
of the National Defense Authorization Act for Fiscal Year 1994 
(Public Law 103–160; 22 U.S.C. 2751 note) is amended by 
striking ‘‘The Assistant to the Secretary of Defense for Nuclear 
and Chemical and Biological Defense Programs’’ and inserting 
‘‘The Assistant Secretary of Defense for Nuclear, Chemical, 
and Biological Defense Programs’’. 
(2) ASSISTANT SECRETARY OF DEFENSE FOR RESEARCH AND 
ENGINEERING.— 
(A) The following provisions are amended by striking 
‘‘Director of Defense Research and Engineering’’ and 
inserting ‘‘Assistant Secretary of Defense for Research and 
Engineering’’: 
(i) Sections 2362(a)(1) and 2521(e)(5) of title 10, 
United States Code. 
(ii) Section 241(c) of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 
109–163; 10 U.S.C. 2521 note). 
10 USC 9515. 
10 USC 139c. 
10 USC 1559. 
49 USC 44718 
note. 
10 USC 139c 
note. 
Effective date. 
10 USC 
prec. 2851. 
50 USC 2911. 
15 USC 638. 
50 USC 2523b. 
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126 STAT. 1950 
PUBLIC LAW 112–239—JAN. 2, 2013 
(iii) Section 212(b) of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 
2005 (Public Law 108–375; 10 U.S.C. 2358 note). 
(iv) Section 246(d)(1) of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003 (Public 
Law 107–314; 10 U.S.C. 2358 note). 
(v) Section 257(a) of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 
103–337; 10 U.S.C. 2358 note). 
(vi) Section 1101(b)(1)(D) of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105–261; 5 U.S.C. 3104 note). 
(vii) Section 802(g)(1)(B)(ii) of the Higher Edu-
cation Opportunity Act (20 U.S.C. 9631(g)(1)(B)(ii)). 
(B) Section 2365 of title 10, United States Code, is 
amended— 
(i) in subsection (a), by inserting ‘‘of Defense for 
Research and Engineering’’ after ‘‘Assistant Secretary’’; 
and 
(ii) in subsection (d)(3)(A), by striking ‘‘Director’’ 
and inserting ‘‘Assistant Secretary’’. 
(C) Section 256 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 
1071 note) is amended in subsections (b)(4) and (d) by 
striking ‘‘Director, Defense’’ and inserting ‘‘Assistant Sec-
retary of Defense for’’. 
(D) Section 1504 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 10 U.S.C. 2358 note) is amended— 
(i) in subsection (a), by striking ‘‘Director of 
Defense’’ and inserting ‘‘Assistant Secretary of Defense 
for’’; and 
(ii) in subsection (b)(9), by striking ‘‘the Director 
of the’’ and all that follows through ‘‘Engineering’’ and 
inserting ‘‘the Director and the Assistant Secretary’’. 
(E) Section 802 of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 
2358 note) is amended— 
(i) in subsection (a), by striking ‘‘Director of 
Defense’’ and inserting ‘‘Assistant Secretary of Defense 
for’’; 
(ii) in subsections (b), (d), and (e), by striking 
‘‘Director’’ and inserting ‘‘Assistant Secretary’’; and 
(iii) in subsection (f), by striking ‘‘Not later than’’ 
and all that follows through ‘‘the Director’’ and 
inserting ‘‘The Assistant Secretary’’. 
(F) Section 214 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
2521 note) is amended by striking ‘‘unless the’’ and all 
that follows through ‘‘ensures’’ and inserting ‘‘unless the 
Assistant 
Secretary 
of 
Defense 
for 
Research 
and 
Engineering ensures’’. 
(3) ASSISTANT SECRETARY OF DEFENSE FOR OPERATIONAL 
ENERGY
PLANS
AND
PROGRAMS.—Section 2925(b) of title 10, 
United States Code, is amended— 
(A) in paragraph (1), by striking ‘‘Director of’’ and 
inserting ‘‘Assistant Secretary of Defense for’’; and 
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126 STAT. 1951 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) in paragraph (2)(G), by striking ‘‘Director’’ both 
places it appears and inserting ‘‘Assistant Secretary’’. 
(d) CROSS-REFERENCE AMENDMENTS
IN TITLE 10.—Title 10, 
United States Code, is amended as follows: 
(1) Section 1722b(c) is amended— 
(A) in paragraph (3), by striking ‘‘subsections (b)(2)(A) 
and (b)(2)(B)’’ and inserting ‘‘subsections (b)(1)(A) and 
(b)(1)(B)’’; and 
(B) in paragraph (4), by striking ‘‘1734(d), or 1736(c)’’ 
and inserting ‘‘or 1734(d)’’. 
(2) Section 1787(b) is amended— 
(A) by striking ‘‘section 3(1)’’ and inserting ‘‘section 
3’’; and 
(B) by striking ‘‘42 U.S.C. 5102’’ and inserting ‘‘Public 
Law 93–247; 42 U.S.C. 5101 note’’. 
(3) Section 2382(b)(1) is amended by inserting ‘‘of the Small 
Business Act (15 U.S.C. 657q(c)(4))’’ after ‘‘section 44(c)(4)’’. 
(4) Section 2474(d) is amended by striking ‘‘section 2667(d)’’ 
and inserting ‘‘section 2667(e)’’. 
(5) Section 2548(e)(2) is amended by striking ‘‘section 103(f) 
of the Weapon Systems Acquisition Reform Act of 2009 (10 
U.S.C. 2430 note),’’ and inserting ‘‘section 2438(f) of this title’’. 
(6) Section 2925 is amended— 
(A) in subsection (a)(1), by striking ‘‘section 533’’ and 
inserting ‘‘section 553’’; and 
(B) in subsection (b)(1), by striking ‘‘section 139b’’ and 
inserting ‘‘section 138c’’. 
(e) DATE OF ENACTMENT REFERENCES.—Title 10, United States 
Code, is amended as follows: 
(1) Section 1564(a)(2)(B) is amended by striking ‘‘the date 
of the enactment of the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011’’ in clauses (ii) and (iii) and 
inserting ‘‘January 7, 2011’’. 
(2) Section 2216a(e) is amended by striking ‘‘on the last 
day of’’ and all that follows and inserting ‘‘on September 30, 
2015.’’. 
(3) Section 2359b(k)(5) is amended by striking ‘‘the date 
that is five years after the date of the enactment of this Act’’ 
and inserting ‘‘January 7, 2016’’. 
(4) Section 2649(c) is amended by striking ‘‘During the 
5-year period beginning on the date of the enactment of the 
Ike Skelton National Defense Authorization Act for Fiscal Year 
2011’’ and inserting ‘‘Until January 6, 2016’’. 
(5) Section 2790(g)(1) is amended by striking ‘‘on or after 
the date of the enactment of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011’’ and inserting ‘‘after 
January 6, 2011,’’. 
(6) Sections 3911(b)(2), 6323(a)(2)(B), and 8911(b)(2) are 
amended by striking ‘‘the date of the enactment of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 
2011’’ and inserting ‘‘January 7, 2011,’’. 
(7) Section 10217(d)(3) is amended by striking ‘‘after the 
end of the 2-year period beginning on the date of the enactment 
of this subsection’’ and inserting ‘‘after January 6, 2013’’. 
(f) OTHER MISCELLANEOUS AMENDMENTS TO TITLE 10.—Title 
10, United States Code, is amended as follows: 
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126 STAT. 1952 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) Section 113(c)(2) is amended by striking ‘‘on’’ after 
‘‘Board on’’. 
(2) The table of sections at the beginning of chapter 4 
is amended by striking the item relating to section 133b. 
(3) Paragraph (3) of section 138(c), as added by section 
314(a) of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1357), is transferred 
to appear at the end of section 138c(c). 
(4) Section 139a(d)(4) is amended by adding a period at 
the end. 
(5) Section 139b(a)(6) is amended by striking ‘‘propriety’’ 
and inserting ‘‘proprietary’’. 
(6) The item relating to section 225 at the end of the 
table of sections at the beginning of chapter 9 is transferred 
to appear after the item relating to section 224. 
(7) Section 401(d) is amended by striking ‘‘Committee on 
International Relations’’ and inserting ‘‘Committee on Foreign 
Affairs’’. 
(8) Section 843(b)(2)(B)(v) (article 43 of the Uniform Code 
of Military Justice) is amended by striking ‘‘Kidnaping,,’’ and 
inserting ‘‘Kidnaping,’’. 
(9) Section 920(g)(7) (article 120 of the Uniform Code of 
Military Justice) is amended by striking the second period 
at the end. 
(10) Section 983(b)(1) is amended by striking ‘‘or Secretary’’ 
and inserting ‘‘or the Secretary’’. 
(11) Section 1086(b)(1) is amended by striking ‘‘clause (2)’’ 
and inserting ‘‘paragraph (2)’’. 
(12) Section 1142(b)(10) is amended by striking ‘‘training,,’’ 
and inserting ‘‘training,’’. 
(13) Section 1143(a) is amended by inserting after ‘‘Coast 
Guard’’ the following: ‘‘when it is not operating as a service 
in the Navy’’. 
(14) Section 1143a(h) is amended by inserting after ‘‘Coast 
Guard’’ the second place it appears the following: ‘‘when it 
is not operating as a service in the Navy’’. 
(15) Section 1145(e) is amended by inserting before the 
period at the end the following: ‘‘when the Coast Guard is 
not operating as a service in the Navy’’. 
(16) Section 1146(b) is amended by inserting before the 
period at the end the following: ‘‘when the Coast Guard is 
not operating as a service in the Navy’’. 
(17) Section 1149 is amended by inserting after ‘‘Coast 
Guard’’ the following: ‘‘when it is not operating as a service 
in the Navy’’. 
(18) Section 1150(c) is amended by inserting after ‘‘Coast 
Guard’’ the second place it appears the following: ‘‘when it 
is not operating as a service in the Navy’’. 
(19) Section 1401(a) is amended by striking ‘‘columns 1, 
2, 3, and 4,’’ in the matter preceding the table and inserting 
‘‘columns 1, 2, and 3,’’. 
(20) Section 1599a(a) is amended by striking ‘‘National 
Security Act’’ and inserting ‘‘National Security Agency Act’’. 
(21) Section 1781(a) is amended— 
(A) in the first sentence, by striking ‘‘Director’’ and 
inserting ‘‘Office’’; 
(B) in the first sentence, by striking ‘‘hereinafter’’; and 
10 USC 
prec. 221. 
10 USC 138, 
138c. 
10 USC 
prec. 131. 
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126 STAT. 1953 
PUBLIC LAW 112–239—JAN. 2, 2013 
(C) in the second sentence, by striking ‘‘office’’ both 
places it appears and inserting ‘‘Office’’. 
(22) Section 1790, as added by section 8070 of division 
A of Public 112–74 (125 Stat. 822), is amended— 
(A) by striking the section heading and inserting the 
following: 
‘‘§ 1790. Military personnel citizenship processing’’; 
(B) by striking ‘‘AUTHORIZATION OF PAYMENTS.—’’; 
(C) by striking ‘‘title 10, United States Code’’ and 
inserting ‘‘this title’’; 
(D) by striking ‘‘8 U.S.C. §§ 1439’’ and inserting ‘‘8 
U.S.C. 1439’’; and 
(E) by striking ‘‘sections 286(m) and (n) of such Act 
(8 U.S.C. § 1356(m))’’ and inserting ‘‘subsections (m) and 
(n) of section 286 of such Act (8 U.S.C. 1356)’’. 
(23) Section 2006(b)(2) is amended by redesignating the 
second subparagraph (E) (as added by section 109(b)(2)(B) of 
Public Law 111–377 (124 Stat. 4120), effective August 1, 2011) 
as subparagraph (F). 
(24) Section 2318(a)(2) is amended by striking ‘‘section 
1705(b) and (c)’’ and inserting ‘‘subsections (b) and (c) of section 
1705’’. 
(25) Section 2350m(e) is amended by striking ‘‘Not later 
than October 31, 2009, and annually thereafter’’ and inserting 
‘‘Not later than October 31 each year’’. 
(26) Section 2401 is amended by striking ‘‘the Committee 
on Armed Services and the Committee on Appropriations of 
the Senate and the Committee on Armed Services and the 
Committee on Appropriations of the House of Representatives’’ 
in subsections (b)(1)(B) and (h)(1) and inserting ‘‘the congres-
sional defense committees’’. 
(27) Section 2438(a)(3) is amended by inserting ‘‘the senior’’ 
before ‘‘official’s’’. 
(28) Section 2461(d)(2) is amended by striking ‘‘that Act’’ 
and inserting ‘‘such section’’. 
(29) 
Section 
2533a(k) 
is 
amended 
by 
striking 
‘‘FedBizOps.gov’’ and inserting ‘‘FedBizOpps.gov’’. 
(30) Section 2548 is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘Not later than’’ and all that follows 
through ‘‘the Secretary’’ and inserting ‘‘The Secretary’’; 
and 
(ii) by adding a period at the end of paragraph 
(3); 
(B) in subsection (d)— 
(i) in the subsection heading, by inserting ‘‘AND’’ 
after ‘‘PERFORMANCE’’ the second place it appears; and 
(ii) by striking ‘‘Beginning with fiscal year 2012, 
the’’ and inserting ‘‘The’’; and 
(C) in subsection (e)(1), by striking ‘‘, United States 
Code,’’. 
(31) Section 2561(f)(2) is amended by striking ‘‘Committee 
on International Relations’’ and inserting ‘‘Committee on For-
eign Affairs’’. 
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126 STAT. 1954 
PUBLIC LAW 112–239—JAN. 2, 2013 
(32) Section 2601a(a)(1) is amended by inserting after 
‘‘Coast Guard’’ the first place it appears the following: ‘‘when 
it is not operating as a service in the Navy’’. 
(33) Section 2687(f) is amended by striking ‘‘at a result’’ 
and inserting ‘‘as a result’’. 
(34) Section 2687a is amended— 
(A) in subsection (a), by striking ‘‘Foreign relations’’ 
and inserting ‘‘Foreign Relations’’; and 
(B) in subsection (b)(1)— 
(i) by striking the comma after ‘‘including’’; and 
(ii) by striking ‘‘The Treaty’’ and inserting ‘‘the 
Treaty’’. 
(35) Section 2835 is amended— 
(A) in subsection (a), by inserting after ‘‘Coast Guard’’ 
the following: ‘‘when it is not operating as a service in 
the Navy’’; and 
(B) in subsection (g)(1), by inserting after ‘‘Coast 
Guard’’ the following: ‘‘when it is not operating as a service 
in the Navy’’. 
(36) Section 2836 is amended— 
(A) in subsection (a), by inserting after ‘‘Coast Guard’’ 
the following: ‘‘when it is not operating as a service in 
the Navy’’; and 
(B) in paragraphs (4)(B) and (11) of subsection (c), 
by inserting after ‘‘Coast Guard’’ the following: ‘‘when it 
is not operating as a service in the Navy’’. 
(37) Section 3201(a) is amended by striking ‘‘(beginning 
with fiscal year 1999)’’. 
(38) Section 4342 is amended— 
(A) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘clause’’ both 
places it appears and inserting ‘‘paragraph’’; and 
(ii) in paragraph (5), by striking ‘‘clauses’’ and 
inserting ‘‘paragraphs’’; 
(B) in subsection (d), by striking ‘‘clauses’’ and inserting 
‘‘paragraphs’’; and 
(C) in subsection (f), by striking ‘‘clauses’’ and inserting 
‘‘paragraphs’’. 
(39) Section 4343 is amended by striking ‘‘clauses’’ and 
inserting ‘‘paragraphs’’. 
(40) Section 6954 is amended— 
(A) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘clause’’ both 
places it appears and inserting ‘‘paragraph’’; and 
(ii) in paragraph (5), by striking ‘‘clauses’’ and 
inserting ‘‘paragraphs’’; and 
(B) in subsection (d), by striking ‘‘clauses’’ and inserting 
‘‘paragraphs’’. 
(41) Section 6956(b) is amended by striking ‘‘clauses’’ and 
inserting ‘‘paragraphs’’. 
(42) Section 9342 is amended— 
(A) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘clause’’ both 
places it appears and inserting ‘‘paragraph’’; and 
(ii) in paragraph (5), by striking ‘‘clauses’’ and 
inserting ‘‘paragraphs’’; 
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126 STAT. 1955 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) in subsection (d), by striking ‘‘clauses’’ and inserting 
‘‘paragraphs’’; and 
(C) in subsection (f), by striking ‘‘clauses’’ and inserting 
‘‘paragraphs’’. 
(43) Section 9343 is amended by striking ‘‘clauses’’ and 
inserting ‘‘paragraphs’’. 
(44) Section 9515(b) is amended by striking ‘‘required by’’ 
and all the follows through ‘‘2008’’ and inserting ‘‘required 
by section 356 of the National Defense Authorization Act for 
Fiscal Year 2008’’. 
(45) Section 10217(c)(3) is amended by striking ‘‘consider’’ 
and inserting ‘‘considered’’. 
(g) REPEAL OF EXPIRED PROVISIONS.—Title 10, United States 
Code, is amended as follows: 
(1) Section 1108 is amended— 
(A) by striking subsections (j) and (k); and 
(B) by redesignating subsection (l) as subsection (j). 
(2) Section 2325 is amended by striking subsection (b) 
and redesignating subsection (c) as subsection (b). 
(3) Section 2349a is repealed, and the table of sections 
at the beginning of subchapter I of chapter 138 is amended 
by striking the item relating to that section. 
(4) Section 2374b is repealed, and the table of sections 
at the beginning of chapter 139 is amended by striking the 
item relating to that section. 
(h) AMENDMENTS TO TITLE 37.—Title 37, United States Code, 
is amended as follows: 
(1) Section 310(c)(1) is amended by striking ‘‘section for 
for’’ and inserting ‘‘section for’’. 
(2) Section 431, as transferred to chapter 8 of such title 
by section 631(d)(2) of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1460), 
is redesignated as section 491. 
(3) Section 501(a)(5) is amended by striking ‘‘a reserve 
a component’’ and inserting ‘‘a reserve component’’. 
(i) AMENDMENT
TO TITLE 46.—Section 51301(a) of title 46, 
United States Code, is amended in the heading by striking ‘‘IN 
GENERAL’’ and inserting ‘‘IN GENERAL’’. 
(j) DUPLICATIVE PROVISION
IN ARMED FORCES RETIREMENT 
HOME ACT OF 1991.—Section 1511(d) of the Armed Forces Retire-
ment Home Act of 1991 (24 U.S.C. 411(d)) is amended by striking 
the first paragraph (3), leaving the second paragraph (3) added 
by section 561 of Public Law 112–81 (125 Stat. 1420). 
(k) CROSS REFERENCES AND DATE OF ENACTMENT REFERENCES 
IN
REINSTATEMENT
OF
TEMPORARY
EARLY
RETIREMENT 
AUTHORITY.—Section 4403 of the National Defense Authorization 
Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293 
note), as amended by section 504(b) of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1391), is amended— 
(1) in subsection (c)(2)— 
(A) in subparagraph (A), by striking ‘‘1995 (’’ and 
inserting ‘‘1995 (Public Law 103–337;’’; and 
(B) in subparagraph (B), by striking ‘‘1995’’ and 
inserting ‘‘1996’’; 
10 USC 2351 
prec. 
10 USC 2341 
prec. 
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126 STAT. 1956 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) in subsection (h), by striking ‘‘the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 2012’’ 
and inserting ‘‘December 31, 2011,’’; and 
(3) in subsection (i)(2), by striking ‘‘the date of the enact-
ment of the National Defense Authorization Act for Fiscal Year 
2012’’ and inserting ‘‘December 31, 2011,’’. 
(l) CORRECTION OF ERRONEOUS AMENDMENT INSTRUCTIONS.— 
Effective as of August 10, 2012, and as if included therein as 
enacted, section 2(c)(3) of Public Law 112–166 (126 Stat. 1284) 
is amended by striking ‘‘Selective Service Act of 1948’’ and inserting 
‘‘Military Selective Service Act’’. 
(m) COORDINATION WITH OTHER AMENDMENTS MADE BY THIS 
ACT.—For purposes of applying amendments made by provisions 
of this Act other than this section, the amendments made by this 
section shall be treated as having been enacted immediately before 
any amendment made by other provisions of this Act. 
SEC. 1077. SENSE OF CONGRESS ON RECOGNIZING AIR MOBILITY COM-
MAND ON ITS 20TH ANNIVERSARY. 
(a) FINDINGS.—Congress finds the following: 
(1) On June 1, 1992, Air Mobility Command was estab-
lished as the Air Force’s functional command for cargo and 
passenger delivery, air refueling, and aeromedical evacuation. 
(2) As the lead Major Command for all Mobility Air Forces, 
Air Mobility Command ensures that the Air Force’s core func-
tions of global vigilance, power, and reach are fulfilled. 
(3) The ability of the United States to rapidly respond 
to humanitarian disasters and the outbreak of hostilities any-
where in the world truly defines the United States as a global 
power. 
(4) Mobility Air Forces Airmen are unified by one single 
purpose: to answer the call of others so they may prevail. 
(5) The United States’ hand of friendship to the world 
many times takes the form of Mobility Air Forces aircraft 
delivering humanitarian relief. Since its inception, Air Mobility 
Command has provided forces for 43 humanitarian relief efforts 
at home and abroad, from New Orleans, Louisiana, to Bam, 
Iran. 
(6) A Mobility Air Forces aircraft departs every 2 minutes, 
365 days a year. Since September 11, 2001, Mobility Air Forces 
aircraft have flown 18.9 million passengers, 6.8 million tons 
of cargo, and offloaded 2.2 billion pounds of fuel. Many of 
these flights have assisted combat aircraft protection United 
States forces from overhead. 
(7) The United States keeps its solemn promise to its 
men and women in uniform with Air Mobility Command, accom-
plishing 186,940 patient movements since the beginning of 
Operation Iraqi Freedom. 
(8) Mobility Air Forces Airmen reflect the best values of 
the Nation: delivering hope, saving lives, and fueling the fight. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that, 
on the occasion of the 20th anniversary of the establishment of 
Air Mobility Command, the people of the United States should— 
(1) recognize the critical role that Mobility Air Forces play 
in the Nation’s defense; and 
(2) express appreciation for the leadership of Air Mobility 
Command and the more than 134,000 active-duty, Air National 
Applicability. 
10 USC 101 note. 
50 USC app. 460 
and note. 
Effective date. 
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126 STAT. 1957 
PUBLIC LAW 112–239—JAN. 2, 2013 
Guard, Air Force Reserve, and Department of Defense civilians 
that make up the command. 
SEC. 1078. DISSEMINATION ABROAD OF INFORMATION ABOUT THE 
UNITED STATES. 
(a) UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE 
ACT OF 1948.—Section 501 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1461) is amended 
to read as follows: 
‘‘GENERAL AUTHORIZATION 
‘‘SEC. 501. (a) The Secretary and the Broadcasting Board of 
Governors are authorized to use funds appropriated or otherwise 
made available for public diplomacy information programs to pro-
vide for the preparation, dissemination, and use of information 
intended for foreign audiences abroad about the United States, 
its people, and its policies, through press, publications, radio, motion 
pictures, the Internet, and other information media, including social 
media, and through information centers, instructors, and other 
direct or indirect means of communication. 
‘‘(b)(1) Except as provided in paragraph (2), the Secretary and 
the Broadcasting Board of Governors may, upon request and 
reimbursement of the reasonable costs incurred in fulfilling such 
a request, make available, in the United States, motion pictures, 
films, video, audio, and other materials disseminated abroad pursu-
ant to this Act, the United States International Broadcasting Act 
of 1994 (22 U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba 
Act (22 U.S.C. 1465 et seq.), or the Television Broadcasting to 
Cuba Act (22 U.S.C. 1465aa et seq.). Any reimbursement pursuant 
to this paragraph shall be credited to the applicable appropriation 
account of the Department of State or the Broadcasting Board 
of Governors, as appropriate. The Secretary and the Broadcasting 
Board of Governors shall issue necessary regulations— 
‘‘(A) to establish procedures to maintain such material; 
‘‘(B) for reimbursement of the reasonable costs incurred 
in fulfilling requests for such material; and 
‘‘(C) to ensure that the persons seeking release of such 
material have secured and paid for necessary United States 
rights and licenses. 
‘‘(2) With respect to material disseminated abroad before the 
effective date of section 1078 of the National Defense Authorization 
Act for Fiscal Year 2013— 
‘‘(A) the Secretary and the Broadcasting Board of Governors 
shall make available to the Archivist of the United States, 
for domestic distribution, motion pictures, films, videotapes, 
and other material 12 years after the initial dissemination 
of the material abroad; and 
‘‘(B) the Archivist shall be the official custodian of the 
material and shall issue necessary regulations to ensure that 
persons seeking its release in the United States have secured 
and paid for necessary United States rights and licenses and 
that all costs associated with the provision of the material 
by the Archivist shall be paid by the persons seeking its release, 
in accordance with paragraph (4). 
‘‘(3) The Archivist may undertake the functions described in 
paragraph (1) on behalf of and at the request of the Secretary 
or the Broadcasting Board of Governors. 
Regulations. 
Historic 
preservation. 
Procedures. 
Regulations. 
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126 STAT. 1958 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(4) The Archivist may charge fees to recover the costs described 
in paragraphs (1) and (2), in accordance with section 2116(c) of 
title 44, United States Code. Such fees shall be paid into, adminis-
tered, and expended as part of the National Archives Trust Fund. 
‘‘(c) Nothing in this section may be construed to require the 
Secretary or the Broadcasting Board of Governors to make material 
disseminated abroad available in any format other than in the 
format disseminated abroad.’’. 
(b) RULE OF CONSTRUCTION.—Nothing in this section, or in 
the United States Information and Educational Exchange Act of 
1948 (22 U.S.C. 1431 et seq.), may be construed to affect the 
allocation of funds appropriated or otherwise made specifically avail-
able for public diplomacy or to authorize appropriations for Broad-
casting Board of Governors programming other than for foreign 
audiences abroad. 
(c) FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 
1986 AND 1987.—Section 208 of the Foreign Relations Authorization 
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–1a) is amended 
to read as follows: 
‘‘SEC. 208. CLARIFICATION ON DOMESTIC DISTRIBUTION OF PROGRAM 
MATERIAL. 
‘‘(a) IN GENERAL.—No funds authorized to be appropriated to 
the Department of State or the Broadcasting Board of Governors 
shall be used to influence public opinion in the United States. 
This section shall apply only to programs carried out pursuant 
to the United States Information and Educational Exchange Act 
of 1948 (22 U.S.C. 1431 et seq.), the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Radio Broad-
casting to Cuba Act (22 U.S.C. 1465 et seq.), and the Television 
Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). This section 
shall not prohibit or delay the Department of State or the Broad-
casting Board of Governors from providing information about its 
operations, policies, programs, or program material, or making such 
available, to the media, public, or Congress, in accordance with 
other applicable law. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to prohibit the Department of State or the Broad-
casting Board of Governors from engaging in any medium or form 
of communication, either directly or indirectly, because a United 
States domestic audience is or may be thereby exposed to program 
material, or based on a presumption of such exposure. Such material 
may be made available within the United States and disseminated, 
when appropriate, pursuant to sections 502 and 1005 of the United 
States Information and Educational Exchange Act of 1948 (22 
U.S.C. 1462 and 1437), except that nothing in this section may 
be construed to authorize the Department of State or the Broad-
casting Board of Governors to disseminate within the United States 
any program material prepared for dissemination abroad on or 
before the effective date of section 1078 of the National Defense 
Authorization Act for Fiscal Year 2013. 
‘‘(c) APPLICATION.—The provisions of this section shall apply 
only to the Department of State and the Broadcasting Board of 
Governors and to no other department or agency of the Federal 
Government.’’. 
(d) CONFORMING AMENDMENTS.—The United States Information 
and Educational Exchange Act of 1948 is amended— 
22 USC 1461 
note. 
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126 STAT. 1959 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) in section 502 (22 U.S.C. 1462)— 
(A) by inserting ‘‘and the Broadcasting Board of Gov-
ernors’’ after ‘‘Secretary’’; and 
(B) by inserting ‘‘or the Broadcasting Board of Gov-
ernors’’ after ‘‘Department’’; and 
(2) in section 1005 (22 U.S.C. 1437), by inserting ‘‘and 
the Broadcasting Board of Governors’’ after ‘‘Secretary’’ each 
place it appears. 
(e) EFFECTIVE DATE.—This section shall take effect and apply 
on the date that is 180 days after the date of the enactment 
of this section. 
SEC. 1079. COORDINATION FOR COMPUTER NETWORK OPERATIONS. 
(a) BRIEFING.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall provide to 
the Committees on Armed Services of the Senate and House of 
Representatives a briefing on the interagency process for coordi-
nating and de-conflicting full-spectrum military cyber operations 
for the Federal Government. 
(b) ELEMENTS.— The briefing required under subsection (a) 
shall include a description of each of the following: 
(1) The business processes and rules governing the inter-
agency process for coordinating and de-conflicting full-spectrum 
military cyber operations. 
(2) The membership and responsibilities of such inter-
agency process. 
(3) The current status of interagency guidance clarifying 
roles and responsibilities for full-spectrum military cyber oper-
ations. 
(4) Plans for implementing the planning and guidance from 
such interagency process. 
(c) BUDGET
JUSTIFICATION
DOCUMENTS.—The Secretary of 
Defense shall submit to the congressional defense committees dedi-
cated budget documentation materials to accompany the budget 
submissions for fiscal year 2015 and each subsequent fiscal year, 
including a single Department of Defense-wide budget estimate 
and detailed budget planning data for full-spectrum military cyber-
space operations. Such materials shall be submitted in unclassified 
form but may include a classified annex. 
SEC. 1080. SENSE OF CONGRESS REGARDING UNAUTHORIZED DISCLO-
SURES OF CLASSIFIED INFORMATION. 
It is the sense of Congress that— 
(1) unauthorized disclosures of classified information can 
threaten the national security and foreign relations of the 
United States; 
(2) the Department of Defense has taken positive steps 
toward improving its policies, procedures, and enforcement 
mechanisms regarding unauthorized disclosures of classified 
information and should continue to improve upon such policies, 
procedures, and enforcement mechanisms; 
(3) other departments and agencies of the Federal Govern-
ment should undertake similar efforts, if such departments 
and agencies have not already done so; and 
(4) the Department of Justice should investigate possible 
violations of Federal law related to unauthorized disclosures 
of classified information, including disclosures related to mili-
tary, intelligence, and operational capabilities of the United 
10 USC 221 note. 
Deadline. 
22 USC 1437 
note. 
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126 STAT. 1960 
PUBLIC LAW 112–239—JAN. 2, 2013 
States and allies of the United States and, in appropriate 
cases, individuals responsible for such unauthorized disclosures 
should be prosecuted to the full extent of the law. 
SEC. 1081. TECHNICAL AMENDMENTS TO REPEAL STATUTORY REF-
ERENCES TO UNITED STATES JOINT FORCES COMMAND. 
Title 10, United States Code, is amended as follows: 
(1)(A) Section 232 is repealed. 
(B) The table of sections at the beginning of chapter 9 
is amended by striking the item relating to section 232. 
(2) Section 2859(d) is amended— 
(A) by striking paragraph (2); and 
(B) by redesignating paragraph (3) as paragraph (2). 
(3) Section 10503(13)(B) is amended— 
(A) by striking clause (iii); and 
(B) redesignating clause (iv) as clause (iii). 
SEC. 1082. SENSE OF CONGRESS ON NON-UNITED STATES CITIZENS 
WHO ARE GRADUATES OF UNITED STATES EDUCATIONAL 
INSTITUTIONS WITH ADVANCED DEGREES IN SCIENCE, 
TECHNOLOGY, ENGINEERING, AND MATHEMATICS. 
It is the sense of Congress— 
(1) that the Department of Defense should make every 
reasonable and practical effort to increase the number of United 
States citizens who pursue advanced degrees in science, tech-
nology, engineering, and mathematics; and 
(2) to strongly urge the Department of Defense to inves-
tigate innovative mechanisms (subject to all appropriate secu-
rity requirements) to access the pool of talent of non-United 
States citizens with advanced scientific and technical degrees 
from United States institutions of higher education, especially 
in those scientific and technical areas that are most vital to 
the national defense (such as those identified by the Assistant 
Secretary of Defense for Research and Engineering and the 
Armed Forces). 
SEC. 1083. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CANCERS. 
Subpart 1 of part C of title IV of the Public Health Service 
Act (42 U.S.C. 285 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 417G. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CANCERS. 
‘‘(a) DEVELOPMENT OF SCIENTIFIC FRAMEWORK.— 
‘‘(1) IN GENERAL.—For each recalcitrant cancer identified 
under subsection (b), the Director of the Institute shall develop 
(in accordance with subsection (c)) a scientific framework for 
the conduct or support of research on such cancer. 
‘‘(2) CONTENTS.—The scientific framework with respect to 
a recalcitrant cancer shall include the following: 
‘‘(A) CURRENT STATUS.— 
‘‘(i) REVIEW
OF
LITERATURE.—A summary of 
findings from the current literature in the areas of— 
‘‘(I) the prevention, diagnosis, and treatment 
of such cancer; 
‘‘(II) the fundamental biologic processes that 
regulate such cancer (including similarities and 
differences of such processes from the biological 
processes that regulate other cancers); and 
42 USC 285a–13. 
10 USC 221 prec. 
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126 STAT. 1961 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(III) the epidemiology of such cancer. 
‘‘(ii) SCIENTIFIC ADVANCES.—The identification of 
relevant emerging scientific areas and promising sci-
entific advances in basic, translational, and clinical 
science relating to the areas described in subclauses 
(I) and (II) of clause (i). 
‘‘(iii) RESEARCHERS.—A description of the avail-
ability of qualified individuals to conduct scientific 
research in the areas described in clause (i). 
‘‘(iv) COORDINATED
RESEARCH
INITIATIVES.—The 
identification of the types of initiatives and partner-
ships for the coordination of intramural and extra-
mural research of the Institute in the areas described 
in clause (i) with research of the relevant national 
research institutes, Federal agencies, and non-Federal 
public and private entities in such areas. 
‘‘(v) RESEARCH RESOURCES.—The identification of 
public and private resources, such as patient registries 
and tissue banks, that are available to facilitate 
research relating to each of the areas described in 
clause (i). 
‘‘(B) IDENTIFICATION
OF
RESEARCH
QUESTIONS.—The 
identification of research questions relating to basic, 
translational, and clinical science in the areas described 
in subclauses (I) and (II) of subparagraph (A)(i) that have 
not been adequately addressed with respect to such recal-
citrant cancer. 
‘‘(C) RECOMMENDATIONS.—Recommendations for appro-
priate actions that should be taken to advance research 
in the areas described in subparagraph (A)(i) and to address 
the research questions identified in subparagraph (B), as 
well as for appropriate benchmarks to measure progress 
on achieving such actions, including the following: 
‘‘(i) RESEARCHERS.—Ensuring adequate availability 
of qualified individuals described in subparagraph 
(A)(iii). 
‘‘(ii) COORDINATED
RESEARCH
INITIATIVES.—Pro-
moting and developing initiatives and partnerships 
described in subparagraph (A)(iv). 
‘‘(iii) RESEARCH
RESOURCES.—Developing addi-
tional public and private resources described in 
subparagraph 
(A)(v) 
and 
strengthening 
existing 
resources. 
‘‘(3) TIMING.— 
‘‘(A) INITIAL DEVELOPMENT AND SUBSEQUENT UPDATE.— 
For each recalcitrant cancer identified under subsection 
(b)(1), the Director of the Institute shall— 
‘‘(i) develop a scientific framework under this sub-
section not later than 18 months after the date of 
the enactment of this section; and 
‘‘(ii) review and update the scientific framework 
not later than 5 years after its initial development. 
‘‘(B) OTHER UPDATES.—The Director of the Institute 
may review and update each scientific framework developed 
under this subsection as necessary. 
‘‘(4) PUBLIC NOTICE.—With respect to each scientific frame-
work developed under subsection (a), not later than 30 days 
Deadline. 
Deadlines. 
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126 STAT. 1962 
PUBLIC LAW 112–239—JAN. 2, 2013 
after the date of completion of the framework, the Director 
of the Institute shall— 
‘‘(A) submit such framework to the Committee on 
Energy and Commerce and Committee on Appropriations 
of the House of Representatives, and the Committee on 
Health, Education, Labor, and Pensions and Committee 
on Appropriations of the Senate; and 
‘‘(B) make such framework publically available on the 
Internet website of the Department of Health and Human 
Services. 
‘‘(b) IDENTIFICATION OF RECALCITRANT CANCER.— 
‘‘(1) IN GENERAL.—Not later than 6 months after the date 
of the enactment of this section, the Director of the Institute 
shall identify two or more recalcitrant cancers that each— 
‘‘(A) have a 5-year relative survival rate of less than 
20 percent; and 
‘‘(B) are estimated to cause the death of at least 30,000 
individuals in the United States per year. 
‘‘(2) ADDITIONAL CANCERS.—The Director of the Institute 
may, at any time, identify other recalcitrant cancers for pur-
poses of this section. In identifying a recalcitrant cancer pursu-
ant to the previous sentence, the Director may consider addi-
tional metrics of progress (such as incidence and mortality 
rates) against such type of cancer. 
‘‘(c) WORKING GROUPS.—For each recalcitrant cancer identified 
under subsection (b), the Director of the Institute shall convene 
a working group comprised of representatives of appropriate Federal 
agencies and other non-Federal entities to provide expertise on, 
and assist in developing, a scientific framework under subsection 
(a). The Director of the Institute (or the Director’s designee) shall 
participate in the meetings of each such working group. 
‘‘(d) REPORTING.— 
‘‘(1) BIENNIAL REPORTS.—The Director of NIH shall ensure 
that each biennial report under section 403 includes information 
on actions undertaken to carry out each scientific framework 
developed under subsection (a) with respect to a recalcitrant 
cancer, including the following: 
‘‘(A) Information on research grants awarded by the 
National Institutes of Health for research relating to such 
cancer. 
‘‘(B) An assessment of the progress made in improving 
outcomes (including relative survival rates) for individuals 
diagnosed with such cancer. 
‘‘(C) An update on activities pertaining to such cancer 
under the authority of section 413(b)(7). 
‘‘(2) ADDITIONAL
ONE-TIME
REPORT
FOR
CERTAIN
FRAME-
WORKS.—For each recalcitrant cancer identified under sub-
section (b)(1), the Director of the Institute shall, not later 
than 6 years after the initial development of a scientific frame-
work under subsection (a), submit a report to the Congress 
on the effectiveness of the framework (including the update 
required by subsection (a)(3)(A)(ii)) in improving the prevention, 
detection, diagnosis, and treatment of such cancer. 
‘‘(e) 
RECOMMENDATIONS
FOR
EXCEPTION
FUNDING.—The 
Director of the Institute shall consider each relevant scientific 
framework developed under subsection (a) when making rec-
ommendations for exception funding for grant applications. 
Web posting. 
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126 STAT. 1963 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(f) DEFINITION.—In this section, the term ‘recalcitrant cancer’ 
means a cancer for which the five-year relative survival rate is 
below 50 percent.’’. 
SEC. 1084. PROTECTION OF VETERANS’ MEMORIALS. 
(a) TRANSPORTATION OF STOLEN MATERIALS.—Section 2314 of 
title 18, United States Code, is amended— 
(1) by striking ‘‘or any part thereof—’’ and inserting the 
following: ‘‘or any part thereof; or’’; 
(2) by inserting before ‘‘Shall be fined under this title’’ 
the following: 
‘‘Whoever transports, transmits, or transfers in interstate or 
foreign commerce any veterans’ memorial object, knowing the same 
to have been stolen, converted or taken by fraud—’’; 
(3) by inserting after ‘‘under this section is greater.’’ the 
following: ‘‘If the offense involves the transportation, trans-
mission, or transfer in interstate or foreign commerce of vet-
erans’ memorial objects with a value, in the aggregate, of 
less than $1,000, the defendant shall be fined under this title 
or imprisoned not more than one year, or both.’’; and 
(4) by adding at the end the following: 
‘‘For purposes of this section the term ‘veterans’ memorial 
object’ means a grave marker, headstone, monument, or other 
object, intended to permanently honor a veteran or mark a veteran’s 
grave, or any monument that signifies an event of national military 
historical significance.’’. 
(b) SALE OR RECEIPT OF STOLEN MEMORIALS.—Section 2315 
of title 18, United States Code, is amended— 
(1) by striking ‘‘or any part thereof—’’ and inserting the 
following: ‘‘or any part thereof; or’’; and 
(2) by inserting before ‘‘Shall be fined under this title’’ 
the following: 
‘‘ ‘Whoever receives, possesses, conceals, stores, barters, sells, 
or disposes of any veterans’ memorial object which has crossed 
a State or United States boundary after being stolen, unlawfully 
converted, or taken, knowing the same to have been stolen, unlaw-
fully converted, or taken—’ ’’; 
(3) by inserting after ‘‘under this section is greater.’’ the 
following: ‘‘If the offense involves the receipt, possession, 
concealment, storage, barter, sale, or disposal of veterans’ 
memorial objects with a value, in the aggregate, of less than 
$1,000, the defendant shall be fined under this title or impris-
oned not more than one year, or both.’’; and 
(4) by adding at the end the following: ‘‘For purposes of 
this section the term ‘veterans’ memorial object’ means a grave 
marker, headstone, monument, or other object, intended to 
permanently honor a veteran or mark a veteran’s grave, or 
any monument that signifies an event of national military 
historical significance.’’. 
SEC. 1085. SENSE OF CONGRESS REGARDING SPECTRUM. 
It is the sense of Congress that— 
(1) the United States mobile communications industry is 
a significant economic engine; 
(2) while wireless carriers are continually implementing 
new and more efficient technologies and techniques to maximize 
their existing spectrum capacity, there is a pressing need for 
additional spectrum for mobile broadband services; 
Definition. 
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126 STAT. 1964 
PUBLIC LAW 112–239—JAN. 2, 2013 
(3) as the United States faces the growing demand for 
spectrum, consideration should be given to both the supply 
of spectrum for licensed networks and for unlicensed devices; 
(4) while such growing demand can be met in part by 
reallocating spectrum from existing non-governmental uses, the 
long-term solution must include reallocation and sharing of 
Federal Government spectrum for private sector use; 
(5) recognizing the important uses of spectrum by the Fed-
eral Government, including for national security, law enforce-
ment, and other critical Federal uses, existing law ensures 
that Federal operations are not harmed as a result of a realloca-
tion of spectrum for commercial use, including through the 
establishment of the Spectrum Relocation Fund to reimburse 
Federal users for the costs of planning and implementing reloca-
tion and sharing arrangements and, with respect to spectrum 
vacated by the Department of Defense, certification under sec-
tion 1062(b) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106–65; 113 Stat. 768) by the 
Secretary of Defense, the Secretary of Commerce, and the 
Chairman of the Joint Chiefs of Staff that replacement spec-
trum provides comparable technical characteristics to restore 
essential military capability; and 
(6) given the need to determine equitable outcomes for 
the United States in relation to spectrum use that balance 
the demand of the private sector for spectrum with national 
security and other critical Federal missions, all interested par-
ties should be encouraged to continue the collaborative efforts 
between industry and government stakeholders that have been 
launched by the National Telecommunications and Information 
Administration to assess and recommend practical frameworks 
for the development of relocation, transition, and sharing 
arrangement and plans for 110 megahertz of Federal spectrum 
in the 1695–1710 MHz and the 1755–1850 MHz bands. 
SEC. 1086. PUBLIC SAFETY OFFICERS’ BENEFITS PROGRAM. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Dale Long 
Public Safety Officers’ Benefits Improvements Act of 2012’’. 
(b) BENEFITS FOR CERTAIN NONPROFIT EMERGENCY MEDICAL 
SERVICE PROVIDERS; MISCELLANEOUS AMENDMENTS.— 
(1) IN GENERAL.—Title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 
amended— 
(A) in section 901(a) (42 U.S.C. 3791(a))— 
(i) in paragraph (26), by striking ‘‘and’’ at the 
end; 
(ii) in paragraph (27), by striking the period at 
the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(28) the term ‘hearing examiner’ includes any medical 
or claims examiner.’’; 
(B) in section 1201 (42 U.S.C. 3796)— 
(i) in subsection (a), by striking ‘‘follows:’’ and all 
that follows and inserting the following: ‘‘follows (if 
the payee indicated is living on the date on which 
the determination is made)— 
‘‘(1) if there is no child who survived the public safety 
officer, to the surviving spouse of the public safety officer; 
Dale Long Public 
Safety Officers’ 
Benefits 
Improvements 
Act of 2012. 
42 USC 3711. 
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126 STAT. 1965 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) if there is at least 1 child who survived the public 
safety officer and a surviving spouse of the public safety officer, 
50 percent to the surviving child (or children, in equal shares) 
and 50 percent to the surviving spouse; 
‘‘(3) if there is no surviving spouse of the public safety 
officer, to the surviving child (or children, in equal shares); 
‘‘(4) if there is no surviving spouse of the public safety 
officer and no surviving child— 
‘‘(A) to the surviving individual (or individuals, in 
shares per the designation, or, otherwise, in equal shares) 
designated by the public safety officer to receive benefits 
under this subsection in the most recently executed des-
ignation of beneficiary of the public safety officer on file 
at the time of death with the public safety agency, organiza-
tion, or unit; or 
‘‘(B) if there is no individual qualifying under subpara-
graph (A), to the surviving individual (or individuals, in 
equal shares) designated by the public safety officer to 
receive benefits under the most recently executed life insur-
ance policy of the public safety officer on file at the time 
of death with the public safety agency, organization, or 
unit; 
‘‘(5) if there is no individual qualifying under paragraph 
(1), (2), (3), or (4), to the surviving parent (or parents, in 
equal shares) of the public safety officer; or 
‘‘(6) if there is no individual qualifying under paragraph 
(1), (2), (3), (4), or (5), to the surviving individual (or individuals, 
in equal shares) who would qualify under the definition of 
the term ‘child’ under section 1204 but for age.’’; 
(ii) in subsection (b)— 
(I) by striking ‘‘direct result of a catastrophic’’ 
and inserting ‘‘direct and proximate result of a 
personal’’; 
(II) by striking ‘‘pay,’’ and all that follows 
through ‘‘the same’’ and inserting ‘‘pay the same’’; 
(III) by striking ‘‘in any year’’ and inserting 
‘‘to the public safety officer (if living on the date 
on which the determination is made)’’; 
(IV) by striking ‘‘in such year, adjusted’’ and 
inserting ‘‘with respect to the date on which the 
catastrophic injury occurred, as adjusted’’; 
(V) by striking ‘‘, to such officer’’; 
(VI) by striking ‘‘the total’’ and all that follows 
through ‘‘For’’ and inserting ‘‘for’’; and 
(VII) by striking ‘‘That these’’ and all that 
follows through the period, and inserting ‘‘That 
the amount payable under this subsection shall 
be the amount payable as of the date of cata-
strophic injury of such public safety officer.’’; 
(iii) in subsection (f)— 
(I) in paragraph (1), by striking ‘‘, as amended 
(D.C. Code, sec. 4–622); or’’ and inserting a semi-
colon; 
(II) in paragraph (2)— 
(aa) by striking ‘‘. Such beneficiaries shall 
only receive benefits under such section 8191 
that’’ and inserting ‘‘, such that beneficiaries 
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126 STAT. 1966 
PUBLIC LAW 112–239—JAN. 2, 2013 
shall receive only such benefits under such 
section 8191 as’’; and 
(bb) by striking the period at the end and 
inserting ‘‘; or’’; and 
(III) by adding at the end the following: 
‘‘(3) payments under the September 11th Victim Compensa-
tion Fund of 2001 (49 U.S.C. 40101 note; Public Law 107– 
42).’’; 
(iv) by amending subsection (k) to read as follows: 
‘‘(k) As determined by the Bureau, a heart attack, stroke, 
or vascular rupture suffered by a public safety officer shall be 
presumed to constitute a personal injury within the meaning of 
subsection (a), sustained in the line of duty by the officer and 
directly and proximately resulting in death, if— 
‘‘(1) the public safety officer, while on duty— 
‘‘(A) engages in a situation involving nonroutine stress-
ful or strenuous physical law enforcement, fire suppression, 
rescue, hazardous material response, emergency medical 
services, prison security, disaster relief, or other emergency 
response activity; or 
‘‘(B) participates in a training exercise involving non-
routine stressful or strenuous physical activity; 
‘‘(2) the heart attack, stroke, or vascular rupture com-
mences— 
‘‘(A) while the officer is engaged or participating as 
described in paragraph (1); 
‘‘(B) while the officer remains on that duty after being 
engaged or participating as described in paragraph (1); 
or 
‘‘(C) not later than 24 hours after the officer is engaged 
or participating as described in paragraph (1); and 
‘‘(3) the heart attack, stroke, or vascular rupture directly 
and proximately results in the death of the public safety officer, 
unless competent medical evidence establishes that the heart attack, 
stroke, or vascular rupture was unrelated to the engagement or 
participation or was directly and proximately caused by something 
other than the mere presence of cardiovascular-disease risk fac-
tors.’’; and 
(v) by adding at the end the following: 
‘‘(n) The public safety agency, organization, or unit responsible 
for maintaining on file an executed designation of beneficiary or 
executed life insurance policy for purposes of subsection (a)(4) shall 
maintain the confidentiality of the designation or policy in the 
same manner as the agency, organization, or unit maintains per-
sonnel or other similar records of the public safety officer.’’; 
(C) in section 1202 (42 U.S.C. 3796a)— 
(i) by striking ‘‘death’’, each place it appears except 
the second place it appears, and inserting ‘‘fatal’’; and 
(ii) in paragraph (1), by striking ‘‘or catastrophic 
injury’’ the second place it appears and inserting ‘‘, 
disability, or injury’’; 
(D) in section 1203 (42 U.S.C. 3796a–1)— 
(i) in the section heading, by striking ‘‘WHO HAVE 
DIED IN THE LINE OF DUTY’’ and inserting ‘‘WHO HAVE 
SUSTAINED FATAL OR CATASTROPHIC INJURY IN THE LINE 
OF DUTY’’; and 
Confidentiality. 
Deadline. 
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126 STAT. 1967 
PUBLIC LAW 112–239—JAN. 2, 2013 
(ii) by striking ‘‘who have died in the line of duty’’ 
and inserting ‘‘who have sustained fatal or catastrophic 
injury in the line of duty’’; 
(E) in section 1204 (42 U.S.C. 3796b)— 
(i) in paragraph (1), by striking ‘‘consequences of 
an injury that’’ and inserting ‘‘an injury, the direct 
and proximate consequences of which’’; 
(ii) in paragraph (3)— 
(I) in the matter preceding clause (i)— 
(aa) by inserting ‘‘or permanently and 
totally disabled’’ after ‘‘deceased’’; and 
(bb) by striking ‘‘death’’ and inserting 
‘‘fatal or catastrophic injury’’; and 
(II) by redesignating clauses (i), (ii), and (iii) 
as subparagraphs (A), (B), and (C), respectively; 
(iii) in paragraph (5)— 
(I) by striking ‘‘post-mortem’’ each place it 
appears and inserting ‘‘post-injury’’; 
(II) by redesignating clauses (i) and (ii) as 
subparagraphs (A) and (B), respectively; and 
(III) in subparagraph (B), as so redesignated, 
by striking ‘‘death’’ and inserting ‘‘fatal or cata-
strophic injury’’; 
(iv) in paragraph (7), by striking ‘‘public employee 
member of a rescue squad or ambulance crew;’’ and 
inserting ‘‘employee or volunteer member of a rescue 
squad or ambulance crew (including a ground or air 
ambulance service) that— 
‘‘(A) is a public agency; or 
‘‘(B) is (or is a part of) a nonprofit entity serving 
the public that— 
‘‘(i) is officially authorized or licensed to engage 
in rescue activity or to provide emergency medical 
services; and 
‘‘(ii) engages in rescue activities or provides emer-
gency medical services as part of an official emergency 
response system;’’; and 
(v) in paragraph (9)— 
(I) in subparagraph (A), by striking ‘‘as a chap-
lain, or as a member of a rescue squad or ambu-
lance crew;’’ and inserting ‘‘or as a chaplain;’’; 
(II) in subparagraph (B)(ii), by striking ‘‘or’’ 
after the semicolon; 
(III) in subparagraph (C)(ii), by striking the 
period and inserting ‘‘; or’’; and 
(IV) by adding at the end the following: 
‘‘(D) a member of a rescue squad or ambulance crew 
who, as authorized or licensed by law and by the applicable 
agency or entity, is engaging in rescue activity or in the 
provision of emergency medical services.’’; 
(F) in section 1205 (42 U.S.C. 3796c), by adding at 
the end the following: 
‘‘(d) Unless expressly provided otherwise, any reference in this 
part to any provision of law not in this part shall be understood 
to constitute a general reference under the doctrine of incorporation 
by reference, and thus to include any subsequent amendments 
to the provision.’’; 
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126 STAT. 1968 
PUBLIC LAW 112–239—JAN. 2, 2013 
(G) in each of subsections (a) and (b) of section 1212 
(42 U.S.C. 3796d–1), sections 1213 and 1214 (42 U.S.C. 
3796d–2 and 3796d–3), and subsections (b) and (c) of sec-
tion 1216 (42 U.S.C. 3796d–5), by striking ‘‘dependent’’ 
each place it appears and inserting ‘‘person’’; 
(H) in section 1212 (42 U.S.C. 3796d–1)— 
(i) in subsection (a)— 
(I) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘Subject’’ and all 
that follows through ‘‘, the’’ and inserting ‘‘The’’; 
and 
(II) in paragraph (3), by striking ‘‘reduced by’’ 
and all that follows through ‘‘(B) the amount’’ and 
inserting ‘‘reduced by the amount’’; 
(ii) in subsection (c)— 
(I) in the subsection heading, by striking 
‘‘DEPENDENT’’; and 
(II) by striking ‘‘dependent’’; 
(I) in paragraphs (2) and (3) of section 1213(b) (42 
U.S.C. 3796d–2(b)), by striking ‘‘dependent’s’’ each place 
it appears and inserting ‘‘person’s’’; 
(J) in section 1216 (42 U.S.C. 3796d–5)— 
(i) in subsection (a), by striking ‘‘each dependent’’ 
each place it appears and inserting ‘‘a spouse or child’’; 
and 
(ii) by striking ‘‘dependents’’ each place it appears 
and inserting ‘‘a person’’; and 
(K) in section 1217(3)(A) (42 U.S.C. 3796d–6(3)(A)), 
by striking ‘‘described in’’ and all that follows and inserting 
‘‘an institution of higher education, as defined in section 
102 of the Higher Education Act of 1965 (20 U.S.C. 1002); 
and’’. 
(2) AMENDMENT
RELATED
TO
EXPEDITED
PAYMENT
FOR 
PUBLIC SAFETY OFFICERS INVOLVED IN THE PREVENTION, INVES-
TIGATION, RESCUE, OR RECOVERY EFFORTS RELATED TO A TER-
RORIST ATTACK.—Section 611(a) of the Uniting and Strength-
ening America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism Act of 2001 (42 U.S.C. 3796c– 
1(a)) is amended by inserting ‘‘or an entity described in section 
1204(7)(B) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796b(7)(B))’’ after ‘‘employed by such 
agency’’. 
(3) CONFORMING
AMENDMENTS.—The Internal Revenue 
Code of 1986 is amended— 
(A) in section 402(l)(4)(C), by inserting before the period 
at the end the following: ‘‘, as in effect immediately before 
the enactment of the National Defense Authorization Act 
for Fiscal Year 2013’’; and 
(B) in section 101(h)(1), by inserting after ‘‘1968’’ the 
following: ‘‘, as in effect immediately before the enactment 
of the National Defense Authorization Act for Fiscal Year 
2013’’. 
(c) AUTHORIZATION
OF
APPROPRIATIONS; DETERMINATIONS; 
APPEALS.—The matter under the heading ‘‘PUBLIC SAFETY OFFICERS 
BENEFITS’’ under the heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ under 
title II of division B of the Consolidated Appropriations Act, 2008 
26 USC 101. 
26 USC 402. 
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126 STAT. 1969 
PUBLIC LAW 112–239—JAN. 2, 2013 
(Public Law 110–161; 121 Stat. 1912; 42 U.S.C. 3796c–2) is 
amended— 
(1) by striking ‘‘decisions’’ and inserting ‘‘determinations’’; 
(2) by striking ‘‘(including those, and any related matters, 
pending)’’; and 
(3) by striking the period at the end and inserting the 
following: ‘‘: Provided further, That, on and after the date 
of enactment of the Dale Long Public Safety Officers’ Benefits 
Improvements Act of 2012, as to each such statute— 
‘‘(1) the provisions of section 1001(a)(4) of such title I (42 
U.S.C. 3793(a)(4)) shall apply; 
‘‘(2) payment (consistent with section 611 of the Uniting 
and Strengthening America By Providing Appropriate Tools 
Required to Intercept and Obstruct Terrorism Act of 2001 (42 
U.S.C. 3796c-1)) shall be made only upon a determination by 
the Bureau that the facts legally warrant the payment; and 
‘‘(3) any reference to section 1202 of such title I shall 
be deemed to be a reference to paragraphs (2) and (3) of 
such section 1202: 
Provided further, That, on and after the date of enactment of 
the Dale Long Public Safety Officers’ Benefits Improvements Act 
of 2012, no appeal shall bring any final determination of the Bureau 
before any court for review unless notice of appeal is filed (within 
the time specified herein and in the manner prescribed for appeal 
to United States courts of appeals from United States district 
courts) not later than 90 days after the date on which the Bureau 
serves notice of the final determination: Provided further, That 
any regulations promulgated by the Bureau under such part (or 
any such statute) before, on, or after the date of enactment of 
the Dale Long Public Safety Officers’ Benefits Improvements Act 
of 2012 shall apply to any matter pending on, or filed or accruing 
after, the effective date specified in the regulations.’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in paragraph (1), the 
amendments made by this section shall— 
(A) take effect on the date of enactment of this Act; 
and 
(B) apply to any matter pending, before the Bureau 
of Justice Assistance or otherwise, on the date of enactment 
of this Act, or filed or accruing after that date. 
(2) EXCEPTIONS.— 
(A) RESCUE SQUADS AND AMBULANCE CREWS.—For a 
member of a rescue squad or ambulance crew (as defined 
in section 1204(7) of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968, as amended by this section), 
the amendments made by this Act shall apply to injuries 
sustained on or after June 1, 2009. 
(B) HEART
ATTACKS, STROKES, AND
VASCULAR
RUP-
TURES.—Section 1201(k) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968, as amended by this 
section, shall apply to heart attacks, strokes, and vascular 
ruptures sustained on or after December 15, 2003. 
SEC. 1087. REMOVAL OF ACTION. 
Section 1442 of title 28, United States Code, is amended by 
striking subsection (c) and inserting the following: 
Applicability. 
42 USC 3791 
note. 
Regulations. 
Applicability. 
Effective date. 
Determination. 
Notice. 
Deadline. 
Applicability. 
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126 STAT. 1970 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(c) Solely for purposes of determining the propriety of removal 
under subsection (a), a law enforcement officer, who is the defendant 
in a criminal prosecution, shall be deemed to have been acting 
under the color of his office if the officer— 
‘‘(1) protected an individual in the presence of the officer 
from a crime of violence; 
‘‘(2) provided immediate assistance to an individual who 
suffered, or who was threatened with, bodily harm; or 
‘‘(3) prevented the escape of any individual who the officer 
reasonably believed to have committed, or was about to commit, 
in the presence of the officer, a crime of violence that resulted 
in, or was likely to result in, death or serious bodily injury. 
‘‘(d) In this section, the following definitions apply: 
‘‘(1) The terms ‘civil action’ and ‘criminal prosecution’ 
include any proceeding (whether or not ancillary to another 
proceeding) to the extent that in such proceeding a judicial 
order, including a subpoena for testimony or documents, is 
sought or issued. If removal is sought for a proceeding described 
in the previous sentence, and there is no other basis for 
removal, only that proceeding may be removed to the district 
court. 
‘‘(2) The term ‘crime of violence’ has the meaning given 
that term in section 16 of title 18. 
‘‘(3) The term ‘law enforcement officer’ means any employee 
described in subparagraph (A), (B), or (C) of section 8401(17) 
of title 5 and any special agent in the Diplomatic Security 
Service of the Department of State. 
‘‘(4) The term ‘serious bodily injury’ has the meaning given 
that term in section 1365 of title 18. 
‘‘(5) The term ‘State’ includes the District of Columbia, 
United States territories and insular possessions, and Indian 
country (as defined in section 1151 of title 18). 
‘‘(6) The term ‘State court’ includes the Superior Court 
of the District of Columbia, a court of a United States territory 
or insular possession, and a tribal court.’’. 
SEC. 1088. TRANSPORT FOR FEMALE GENITAL MUTILATION. 
Section 116 of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘(d) Whoever knowingly transports from the United States and 
its territories a person in foreign commerce for the purpose of 
conduct with regard to that person that would be a violation of 
subsection (a) if the conduct occurred within the United States, 
or attempts to do so, shall be fined under this title or imprisoned 
not more than 5 years, or both.’’. 
SEC. 1089. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY 
PROVISIONS OF TITLE 18. 
Chapter 44 of title 18, United States Code, is amended— 
(1) in section 926B— 
(A) in subsection (c)(1), by inserting ‘‘or apprehension 
under section 807(b) of title 10, United States Code (article 
7(b) of the Uniform Code of Military Justice)’’ after ‘‘arrest’’; 
(B) in subsection (d), by striking ‘‘as a law enforcement 
officer’’ and inserting ‘‘that identifies the employee as a 
police officer or law enforcement officer of the agency’’; 
and 
Penalty. 
Definitions. 
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126 STAT. 1971 
PUBLIC LAW 112–239—JAN. 2, 2013 
(C) in subsection (f), by inserting ‘‘or apprehension 
under section 807(b) of title 10, United States Code (article 
7(b) of the Uniform Code of Military Justice)’’ after ‘‘arrest’’; 
and 
(2) in section 926C— 
(A) in subsection (c)(2), by inserting ‘‘or apprehension 
under section 807(b) of title 10, United States Code (article 
7(b) of the Uniform Code of Military Justice)’’ after ‘‘arrest’’; 
and 
(B) in subsection (d)— 
(i) in paragraph (1), by striking ‘‘that indicates’’ 
and inserting ‘‘that identifies the person as having 
been employed as a police officer or law enforcement 
officer and indicates’’; and 
(ii) in paragraph (2)(A), by inserting ‘‘that identi-
fies the person as having been employed as a police 
officer or law enforcement officer’’ after ‘‘officer’’. 
SEC. 1090. REAUTHORIZATION OF SALE OF AIRCRAFT AND PARTS FOR 
WILDFIRE SUPPRESSION PURPOSES. 
Section 2 of the Wildfire Suppression Aircraft Transfer Act 
of 1996 (10 U.S.C. 2576 note) is amended— 
(1) in subsection (a), by striking ‘‘during the period begin-
ning on October 1, 1996, and ending on September 30, 2005’’ 
and inserting ‘‘during a period specified in subsection (g)’’; 
(2) by redesignating subsection (g) as subsection (h); and 
(3) by inserting after subsection (f) the following new sub-
section (g): 
‘‘(g) PERIODS FOR EXERCISE OF AUTHORITY.—The periods speci-
fied in this subsection are the following: 
‘‘(1) The period beginning on October 1, 1996, and ending 
on September 30, 2005. 
‘‘(2) The period beginning on October 1, 2012, and ending 
on September 30, 2017.’’. 
SEC. 1091. TRANSFER OF EXCESS AIRCRAFT TO OTHER DEPARTMENTS 
OF THE FEDERAL GOVERNMENT. 
(a) TRANSFER.—The Secretary of Defense may transfer excess 
aircraft specified in subsection (b) to the Secretary of Agriculture 
and the Secretary of Homeland Security for use by the Forest 
Service and the United States Coast Guard. The transfer of any 
excess aircraft under this subsection shall be without reimburse-
ment. 
(b) AIRCRAFT.—The aircraft transferred under subsection (a) 
are aircraft of the Department of Defense that are— 
(1) identified by the Forest Service or the United States 
Coast Guard as a suitable platform to carry out their respective 
missions; 
(2) excess to the needs of the Department of Defense, 
as determined by the Secretary of Defense; 
(3) in the case of aircraft to be transferred to the Secretary 
of Agriculture, acceptable for use by the Forest Service, as 
determined by the Secretary of Agriculture; and 
(4) in the case of aircraft to be transferred to the Secretary 
of Homeland Security, acceptable for use by the United States 
Coast Guard, as determined by the Secretary of Homeland 
Security. 
(c) LIMITATION ON NUMBER.— 
10 USC 2576 
note. 
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126 STAT. 1972 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) LIMITATION.—Except as provided in paragraph (2), the 
number of aircraft that may be transferred under subsection 
(a) to each of the Secretary of Agriculture and the Secretary 
of Homeland Security may not exceed seven aircraft for each 
agency. 
(2) TERMINATION
OF
LIMITATION
AFTER
OFFICIAL
NOTICE 
OF INTENT TO ACCEPT OR DECLINE SEVEN AIRCRAFT.—The limita-
tion in paragraph (1) on the number of aircraft transferrable 
under subsection (a) shall cease upon official notice to the 
Secretary of Defense, from the Secretary of Agriculture, and 
the Secretary of Homeland Security that the Secretary’s respec-
tive department will decline or accept seven aircraft. 
(d) ORDER OF TRANSFERS.— 
(1) RIGHTS OF REFUSAL.—In implementing the transfers 
authorized by subsection (a), the Secretary of Defense shall 
afford the Secretary of Agriculture the right of first refusal 
and the Secretary of Homeland Security the second right of 
refusal in the transfer to each department by the Secretary 
of Defense of up to seven excess aircraft specified in subsection 
(b) before the transfer of such excess aircraft is offered to 
any other department or agency of the Federal Government. 
(2) EXPIRATION OF RIGHT OF FIRST REFUSAL.—The right 
of first refusal afforded the Secretary of Agriculture by para-
graph (1) shall expire upon official notice of the Secretary 
to the Secretary of Defense under subsection (c)(2). 
(e) CONDITIONS OF CERTAIN TRANSFERS.—Excess aircraft trans-
ferred to the Secretary of Agriculture under subsection (a)— 
(1) may be used only for wildfire suppression purposes; 
and 
(2) may not be flown or otherwise removed from the United 
States unless dispatched by the National Interagency Fire 
Center in support of an international agreement to assist in 
wildfire suppression efforts or for other purposes approved by 
the Secretary of Agriculture in writing in advance. 
(f) ADDITIONAL LIMITATION.—Excess aircraft transferred under 
subsection (a) may not be sold by the Secretary of Agriculture 
or the Secretary of Homeland Security after transfer. 
(g) COSTS AFTER TRANSFER.—Any costs of operation, mainte-
nance, sustainment, and disposal of excess aircraft transferred 
under subsection (a) after the date of transfer shall be borne by 
the Secretary of Agriculture and the Secretary of Homeland Secu-
rity, as applicable. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Sec. 1101. One-year extension of authority to waive annual limitation on premium 
pay and aggregate limitation on pay for Federal civilian employees 
working overseas. 
Sec. 1102. Expansion of experimental personnel program for scientific and technical 
personnel at the Defense Advanced Research Projects Agency. 
Sec. 1103. Extension of authority to fill shortage category positions for certain Fed-
eral acquisition positions for civilian agencies. 
Sec. 1104. One-year extension of discretionary authority to grant allowances, bene-
fits, and gratuities to personnel on official duty in a combat zone. 
Sec. 1105. Policy on senior mentors. 
Sec. 1106. Authority to pay for the transport of family household pets for Federal 
employees during certain evacuation operations. 
Sec. 1107. Interagency personnel rotations. 
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126 STAT. 1973 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1101. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 
LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITA-
TION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES 
WORKING OVERSEAS. 
Effective January 1, 2013, section 1101(a) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4615), as most recently amended by section 
1104 of the National Defense Authorization Act for Fiscal Year 
2012 (Public Law 112–81; 125 Stat. 1612), is further amended 
by striking ‘‘through 2012’’ and inserting ‘‘through 2013’’. 
SEC. 1102. EXPANSION OF EXPERIMENTAL PERSONNEL PROGRAM FOR 
SCIENTIFIC 
AND 
TECHNICAL 
PERSONNEL 
AT 
THE 
DEFENSE ADVANCED RESEARCH PROJECTS AGENCY. 
(a) EXPANSION.—Section 1101(b)(1)(A) of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 
3104 note) is amended by striking ‘‘40’’ and inserting ‘‘60’’. 
(b) CONSTRUCTION.—The amendment made by subsection (a) 
shall not be construed as affecting any applicable authorization 
or delimitation of the numbers of personnel that may be employed 
at the Defense Advanced Research Projects Agency. 
SEC. 1103. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY 
POSITIONS FOR CERTAIN FEDERAL ACQUISITION POSI-
TIONS FOR CIVILIAN AGENCIES. 
Section 1703(j)(2) of title 41, United States Code, is amended 
by striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 
2017’’. 
SEC. 1104. ONE-YEAR EXTENSION OF DISCRETIONARY AUTHORITY TO 
GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO 
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE. 
Paragraph (2) of section 1603(a) of the Emergency Supple-
mental Appropriations Act for Defense, the Global War on Terror, 
and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), 
as added by section 1102 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4616) and amended by section 1112 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1616), is further amended by striking ‘‘2013’’ and inserting 
‘‘2014’’. 
SEC. 1105. POLICY ON SENIOR MENTORS. 
(a) IN GENERAL.—The Secretary of Defense shall provide writ-
ten notice to the congressional defense committees at least 60 
days before implementing any change in the policy regarding senior 
mentors issued on or about April 1, 2010. 
(b) APPLICABILITY.—Changes implemented before the date of 
the enactment of this Act shall not be affected by this section. 
SEC. 1106. AUTHORITY TO PAY FOR THE TRANSPORT OF FAMILY 
HOUSEHOLD PETS FOR FEDERAL EMPLOYEES DURING 
CERTAIN EVACUATION OPERATIONS. 
Section 5725 of title 5, United States Code, is amended— 
(1) in subsection (a), in the matter following paragraph 
(2), by striking ‘‘and personal effects,’’ and inserting ‘‘, personal 
effects, and family household pets,’’; and 
(2) by adding at the end the following: 
Notice. 
Time period. 
5 USC 9903 note. 
5 USC 3104 note. 
Effective date. 
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126 STAT. 1974 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(c)(1) The expenses authorized under subsection (a) shall, with 
respect to the transport of family household pets, include the 
expenses for the shipment of and the payment of any quarantine 
costs for such pets. 
‘‘(2) Any payment or reimbursement under this section in 
connection with the transport of family household pets shall be 
subject to terms and conditions which— 
‘‘(A) the head of the agency shall by regulation prescribe; 
and 
‘‘(B) shall, to the extent practicable, be the same as would 
apply 
under 
regulations 
prescribed 
under 
section 
476(b)(1)(H)(iii) of title 37 in connection with the transport 
of family household pets of members of the uniformed services, 
including regulations relating to the types, size, and number 
of pets for which such payment or reimbursement may be 
provided.’’. 
SEC. 1107. INTERAGENCY PERSONNEL ROTATIONS. 
(a) FINDING AND PURPOSE.— 
(1) FINDING.—Congress finds that the national security 
and homeland security challenges of the 21st century require 
that executive branch personnel use a whole-of-Government 
approach in order for the United States Government to operate 
in the most effective and efficient manner. 
(2) PURPOSE.—The purpose of this section is to increase 
the efficiency and effectiveness of the Government by fostering 
greater interagency experience among executive branch per-
sonnel on national security and homeland security matters 
involving more than 1 agency. 
(b) COMMITTEE ON NATIONAL SECURITY PERSONNEL.— 
(1) ESTABLISHMENT.—There is established a Committee on 
National Security Personnel within the Executive Office of the 
President. 
(2) MEMBERSHIP.—The members of the Committee shall 
include— 
(A) designees of the Director of the Office of Manage-
ment and Budget, the Director of the Office of Personnel 
Management, the Assistant to the President for National 
Security Affairs, the Secretary of Defense, the Secretary 
of State, and the Secretary of Homeland Security (1 
member to be designated by each); and 
(B) such other members as the President shall des-
ignate. 
(c) PROGRAM ESTABLISHED.— 
(1) Not later than 270 days after the date of the enactment 
of this Act, the Committee on National Security Personnel, 
in consultation with representatives of such other agencies 
as the Committee determines to be appropriate, shall develop 
and issue a National Security Human Capital Strategy pro-
viding policies, processes, and procedures for a program for 
the interagency rotation of personnel among positions within 
National Security Interagency Communities of Interest. 
(2) The strategy required by paragraph (1) shall, at a 
minimum— 
(A) identify specific Interagency Communities of 
Interest for the purpose of carrying out the program; 
Deadline. 
Policies. 
Processes. 
Procedures. 
5 USC prec. 101 
note. 
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126 STAT. 1975 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) designate agencies to be included or excluded from 
the program; 
(C) define categories of positions to be covered by the 
program; 
(D) establish processes by which the heads of relevant 
agencies may identify— 
(i) positions in Interagency Communities of 
Interest that are available for rotation under the pro-
gram; and 
(ii) individual employees who are available to 
participate in rotational assignments under the pro-
gram; and 
(E) promulgate procedures for the program, including— 
(i) any minimum or maximum periods of service 
for participation in the program; 
(ii) any training and education requirements asso-
ciated with participation in the program; 
(iii) any prerequisites or requirements for partici-
pation in the program; and 
(iv) appropriate performance measures, reporting 
requirements, and other accountability devices for the 
evaluation of the program. 
(d) PROGRAM REQUIREMENTS.—The policies, processes, and 
procedures established pursuant to subsection (c) shall, at a min-
imum, provide that— 
(1) during each of the first 4 fiscal years after the fiscal 
year in which this Act is enacted— 
(A) the interagency rotation program shall be carried 
out in at least 2 Interagency Communities of Interest, 
of which 1 shall be an Interagency Community of Interest 
for emergency management and 1 shall be an Interagency 
Community of Interest for stabilization and reconstruction; 
and 
(B) not fewer than 20 employees in the executive 
branch of the Government shall be assigned to participate 
in the interagency personnel rotation program; 
(2) an employee’s participation in the interagency rotation 
program shall require the consent of the head of the agency 
and shall be voluntary on the part of the employee; 
(3) employees selected to perform interagency rotational 
service are selected in a fully open and competitive manner 
that is consistent with the merit system principles set forth 
in paragraphs (1) and (2) of section 2301(b) of title 5, United 
States Code, unless the Interagency Community of Interest 
position is otherwise exempt under another provision of law; 
(4) an employee performing service in a position in another 
agency pursuant to the program established under this section 
shall be entitled to return, within a reasonable period of time 
after the end of the period of service, to the position held 
by the employee, or a corresponding or higher position, in 
his or her employing agency; 
(5) an employee performing interagency rotational service 
shall have all the rights that would be available to the employee 
if the employee were detailed or assigned under a provision 
of law other than this section from the agency employing the 
employee to the agency in which the position in which the 
employee is serving is located; and 
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126 STAT. 1976 
PUBLIC LAW 112–239—JAN. 2, 2013 
(6) an employee participating in the program shall receive 
performance evaluations from officials in his or her employing 
agency that are based on input from the supervisors of the 
employee during his or her service in the program that are 
based primarily on the contribution of the employee to the 
work of the agency in which the employee performed such 
service, and these performance evaluations shall be provided 
the same weight in the receipt of promotions and other rewards 
by the employee from the employing agency as performance 
evaluations for service in the employing agency. 
(e) SELECTION OF INDIVIDUALS TO FILL SENIOR POSITIONS.— 
The head of each agency participating in the program established 
pursuant to subsection (c) shall ensure that, in selecting individuals 
to fill senior positions within an Interagency Community of Interest, 
the agency gives a strong preference to individuals who have per-
formed interagency rotational service within the Interagency 
Community of Interest pursuant to such program. 
(f) INTERAGENCY COMMUNITY OF INTEREST DEFINED.—As used 
in this section, the term ‘‘National Security Interagency Community 
of Interest’’ or ‘‘Interagency Community of Interest’’ means the 
positions in the executive branch of the Government that, as deter-
mined by the Committee on National Security Personnel— 
(1) as a group are positions within multiple agencies of 
the executive branch of the Government; and 
(2) have significant responsibility for the same substantive, 
functional, or regional subject area related to national security 
or homeland security that requires integration of the positions 
and activities in that area across multiple agencies to ensure 
that the executive branch of the Government operates as a 
single, cohesive enterprise to maximize mission success and 
minimize cost. 
(g) REPORT ON PERFORMANCE MEASURES.—Not later than the 
end of the 2nd fiscal year after the fiscal year in which this Act 
is enacted, the Committee on National Security Personnel shall 
assess 
the 
performance 
measures 
described 
in 
subsection 
(c)(2)(E)(iv) and issue a report to Congress on the assessment of 
those performance measures. 
(h) GAO REVIEW.—Not later than the end of the 2nd fiscal 
year after the fiscal year in which this Act is enacted, the Comp-
troller General of the United States shall submit to Congress a 
report assessing the implementation and effectiveness of the inter-
agency rotation program established pursuant to this section. The 
report required by this section shall address, at a minimum— 
(1) the extent to which the requirements of this section 
have been implemented by the Committee on National Security 
Personnel and by national security agencies; 
(2) the extent to which national security agencies have 
participated in the program established pursuant to this sec-
tion, including whether the heads of such agencies have— 
(A) identified positions within the agencies that are 
National Security Interagency Communities of Interest and 
had employees from other agencies serve in rotational 
assignments in such positions; and 
(B) identified employees who are eligible for rotational 
assignments in National Security Interagency Communities 
of Interest and had such employees serve in rotational 
assignments in other agencies; 
Deadline. 
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126 STAT. 1977 
PUBLIC LAW 112–239—JAN. 2, 2013 
(3) the extent to which employees serving in rotational 
assignments under the program established pursuant to this 
section have benefitted from such assignments, including an 
assessment of— 
(A) the period of service; 
(B) the duties performed by the employees during such 
service; 
(C) the value of the training and experience gained 
by participating employees through such service; and 
(D) the positions (including grade level) held by 
employees before and after completing interagency rota-
tional service under this section; and 
(4) the extent to which interagency rotational service under 
this section has improved or is expected to improve interagency 
integration and coordination within National Security Inter-
agency Communities of Interest. 
(i) EXCLUSION.—This section shall not apply to any element 
of the intelligence community, as defined in section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4)). 
TITLE XII—MATTERS RELATING TO 
FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Modification and extension of authorities relating to program to build 
the capacity of foreign military forces. 
Sec. 1202. Extension of authority for non-reciprocal exchanges of defense personnel 
between the United States and foreign countries. 
Sec. 1203. Authority to build the capacity of certain counterterrorism forces in 
Yemen and East Africa. 
Sec. 1204. Limitation on activities under State Partnership Program pending com-
pliance with certain program-related requirements. 
Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan 
Sec. 1211. Authority to support operations and activities of the Office of Security 
Cooperation in Iraq. 
Sec. 1212. Report on insider attacks in Afghanistan and their effect on the United 
States transition strategy for Afghanistan. 
Sec. 1213. United States military support in Afghanistan. 
Sec. 1214. Modification of report on progress toward security and stability in Af-
ghanistan. 
Sec. 1215. Independent assessment of the Afghan National Security Forces. 
Sec. 1216. Extension and modification of logistical support for coalition forces sup-
porting certain United States military operations. 
Sec. 1217. Report on Afghanistan Peace and Reintegration Program. 
Sec. 1218. One-year extension of authority to use funds for reintegration activities 
in Afghanistan. 
Sec. 1219. One-year extension and modification of authority for program to develop 
and carry out infrastructure projects in Afghanistan. 
Sec. 1220. Report on updates and modifications to campaign plan for Afghanistan. 
Sec. 1221. Commanders’ Emergency Response Program in Afghanistan. 
Sec. 1222. Authority to transfer defense articles and provide defense services to the 
military and security forces of Afghanistan. 
Sec. 1223. Report on efforts to promote the security of Afghan women and girls 
during the security transition process. 
Sec. 1224. Sense of Congress commending the Enduring Strategic Partnership 
Agreement between the United States and Afghanistan. 
Sec. 1225. Consultations with Congress on a bilateral security agreement with Af-
ghanistan. 
Sec. 1226. Completion of transition of United States combat and military and secu-
rity operations to the Government of Afghanistan. 
Sec. 1227. Extension and modification of authority for reimbursement of certain co-
alition nations for support provided to United States military oper-
ations. 
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126 STAT. 1978 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 1228. Extension and modification of Pakistan Counterinsurgency Fund. 
Subtitle C—Matters Relating to Iran 
Sec. 1231. Report on United States capabilities in relation to China, North Korea, 
and Iran. 
Sec. 1232. Report on military capabilities of Gulf Cooperation Council members. 
Sec. 1233. Sense of Congress with respect to Iran. 
Sec. 1234. Rule of construction. 
Subtitle D—Iran Sanctions 
Sec. 1241. Short title. 
Sec. 1242. Definitions. 
Sec. 1243. Sense of Congress relating to violations of human rights by Iran. 
Sec. 1244. Imposition of sanctions with respect to the energy, shipping, and ship-
building sectors of Iran. 
Sec. 1245. Imposition of sanctions with respect to the sale, supply, or transfer of 
certain materials to or from Iran. 
Sec. 1246. Imposition of sanctions with respect to the provision of underwriting 
services or insurance or reinsurance for activities or persons with re-
spect to which sanctions have been imposed. 
Sec. 1247. Imposition of sanctions with respect to foreign financial institutions that 
facilitate financial transactions on behalf of specially designated nation-
als. 
Sec. 1248. Impositions of sanctions with respect to the Islamic Republic of Iran 
Broadcasting. 
Sec. 1249. Imposition of sanctions with respect to persons engaged in the diversion 
of goods intended for the people of Iran. 
Sec. 1250. Waiver requirement related to exceptional circumstances preventing sig-
nificant reductions in crude oil purchases. 
Sec. 1251. Statute of limitations for civil actions regarding terrorist acts. 
Sec. 1252. Report on use of certain Iranian seaports by foreign vessels and use of 
foreign airports by sanctioned Iranian air carriers. 
Sec. 1253. Implementation; penalties. 
Sec. 1254. Applicability to certain natural gas projects. 
Sec. 1255. Rule of construction. 
Subtitle E—Satellites and Related Items 
Sec. 1261. Removal of satellites and related items from the United States Muni-
tions List. 
Sec. 1262. Report on licenses and other authorizations to export certain satellites 
and related items. 
Sec. 1263. Report on country exemptions for licensing of exports of certain satellites 
and related items. 
Sec. 1264. End-use monitoring of certain satellites and related items. 
Sec. 1265. Interagency review of modifications to Category XV of the United States 
Munitions List. 
Sec. 1266. Rules of construction. 
Sec. 1267. Definitions. 
Subtitle F—Other Matters 
Sec. 1271. Additional elements in annual report on military and security develop-
ments involving the People’s Republic of China. 
Sec. 1272. NATO Special Operations Headquarters. 
Sec. 1273. Sustainability requirements for certain capital projects in connection 
with overseas contingency operations. 
Sec. 1274. Administration of the American, British, Canadian, and Australian Ar-
mies’ Program. 
Sec. 1275. United States participation in Headquarters Eurocorps. 
Sec. 1276. Department of Defense participation in European program on multilat-
eral exchange of air transportation and air refueling services. 
Sec. 1277. Prohibition on use of funds to enter into contracts or agreements with 
Rosoboronexport. 
Sec. 1278. Sense of Congress on Iron Dome short-range rocket defense system. 
Sec. 1279. Bilateral defense trade relationship with India. 
Sec. 1280. United States Advisory Commission on Public Diplomacy. 
Sec. 1281. Sense of Congress on sale of aircraft to Taiwan. 
Sec. 1282. Briefings on dialogue between the United States and the Russian Fed-
eration on nuclear arms, missile defense systems, and long-range con-
ventional strike systems. 
Sec. 1283. Sense of Congress on efforts to remove or apprehend Joseph Kony from 
the battlefield and end the atrocities of the Lord’s Resistance Army. 
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126 STAT. 1979 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 1284. Imposition of sanctions with respect to support for the rebel group 
known as M23. 
Sec. 1285. Pilot program on repair, overhaul, and refurbishment of defense articles 
for sale or transfer to eligible foreign countries and entities. 
Sec. 1286. Sense of Congress on the situation in the Senkaku Islands. 
Subtitle G—Reports 
Sec. 1291. Review and reports on Department of Defense efforts to build the capac-
ity of and partner with foreign security forces. 
Sec. 1292. Additional report on military and security developments involving the 
Democratic People’s Republic of Korea. 
Sec. 1293. Report on host nation support for overseas United States military instal-
lations and United States Armed Forces deployed in country. 
Sec. 1294. Report on military activities to deny or significantly degrade the use of 
air power against civilian and opposition groups in Syria. 
Sec. 1295. Report on military assistance provided by Russia to Syria. 
Subtitle A—Assistance and Training 
SEC. 
1201. 
MODIFICATION 
AND 
EXTENSION 
OF 
AUTHORITIES 
RELATING TO PROGRAM TO BUILD THE CAPACITY OF 
FOREIGN MILITARY FORCES. 
(a) INCLUSION
OF
SMALL-SCALE
MILITARY
CONSTRUCTION 
ACTIVITIES AMONG AUTHORIZED ELEMENTS.— 
(1) IN GENERAL.—Subsection (b)(1) of section 1206 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109–163; 119 Stat. 3457), as amended by section 1206(a) 
of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2418), is 
further amended by striking ‘‘equipment, supplies, and 
training’’ and inserting ‘‘equipment, supplies, training, and 
small-scale military construction activities’’. 
(2) LIMITATION ON AVAILABILITY OF FUNDS.—Subsection (c) 
of section 1206 of the National Defense Authorization Act for 
Fiscal Year 2006, as most recently amended by section 1204(a) 
of the National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1621), is further amended by 
adding at the end the following new paragraph: 
‘‘(6) LIMITATION
ON
AVAILABILITY
OF
FUNDS
FOR
SMALL- 
SCALE MILITARY CONSTRUCTION ACTIVITIES.—Of amounts avail-
able under this subsection for the authority in subsection (a) 
for a fiscal year— 
‘‘(A) not more than $750,000 may be obligated or 
expended for small-scale military construction activities 
under a program authorized under subsection (a); and 
‘‘(B) not more than $25,000,000 may be obligated or 
expended for small-scale military construction activities 
under all programs authorized under subsection (a).’’. 
(b) MODIFICATION OF NOTICE.—Subsection (e)(2) of section 1206 
of the National Defense Authorization Act for Fiscal Year 2006, 
as amended by section 1206(a) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007, is further amended by 
adding at the end the following new subparagraph: 
‘‘(D) Detailed information (including the amount and 
purpose) on the assistance provided the country during 
the three preceding fiscal years under each of the following 
programs, accounts, or activities: 
‘‘(i) A program under this section. 
‘‘(ii) The Foreign Military Financing program 
under the Arms Export Control Act. 
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126 STAT. 1980 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(iii) Peacekeeping Operations. 
‘‘(iv) The International Narcotics Control and Law 
Enforcement (INCLE) program under section 481 of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2291). 
‘‘(v) Nonproliferation, Anti-Terrorism, Demining, 
and Related Programs (NADR). 
‘‘(vi) Counterdrug activities authorized by section 
1004 of the National Defense Authorization Act for 
Fiscal Year 1991 (10 U.S.C. 374 note) and section 
1033 of the National Defense Authorization Act for 
Fiscal Year 1998.’’. 
(c) EXTENSION.— 
(1) IN
GENERAL.—Subsection (g) of section 1206 of the 
National Defense Authorization Act for Fiscal Year 2006, as 
most recently amended by section 1204(c) of the National 
Defense Authorization Act for Fiscal Year 2012 (125 Stat. 1622), 
is further amended— 
(A) by striking ‘‘September 30, 2013’’ and inserting 
‘‘September 30, 2014’’; and 
(B) by striking ‘‘fiscal years 2006 through 2013’’ and 
inserting ‘‘fiscal years 2006 through 2014’’. 
(2) TEMPORARY LIMITATION ON AMOUNT FOR CAPACITY FOR 
PARTICIPATION IN OR SUPPORT OF MILITARY AND STABILITY OPER-
ATIONS.—Subsection (c)(5) of section 1206 of the National 
Defense Authorization Act for Fiscal Year 2006, as most 
recently amended by section 1204(a) of the National Defense 
Authorization Act for Fiscal Year 2012, is further amended 
by striking ‘‘fiscal years 2102 and 2013’’ and inserting ‘‘fiscal 
years 2012, 2013, and 2014’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date of the enactment of this Act, and 
shall apply with respect to any country in which activities are 
initiated under section 1206 of the National Defense Authorization 
Act for Fiscal Year 2006 on or after that date. 
SEC. 
1202. 
EXTENSION 
OF 
AUTHORITY 
FOR 
NON-RECIPROCAL 
EXCHANGES OF DEFENSE PERSONNEL BETWEEN THE 
UNITED STATES AND FOREIGN COUNTRIES. 
Section 1207(f) of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2514; 10 U.S.C. 
168 note) is amended by striking ‘‘September 30, 2012’’ and 
inserting ‘‘September 30, 2016’’. 
SEC. 1203. AUTHORITY TO BUILD THE CAPACITY OF CERTAIN 
COUNTERTERRORISM FORCES IN YEMEN AND EAST 
AFRICA. 
(a) AUTHORITY.—The Secretary of Defense may, with the 
concurrence of the Secretary of State, provide assistance as follows: 
(1) To enhance the ability of the Yemen Ministry of Interior 
Counter Terrorism Forces to conduct counterterrorism oper-
ations against al Qaeda in the Arabian Peninsula and its affili-
ates. 
(2) To enhance the capacity of the national military forces, 
security agencies serving a similar defense function, other 
counterterrorism forces, and border security forces of Djibouti, 
Ethiopia, and Kenya to conduct counterterrorism operations 
against al Qaeda, al Qaeda affiliates, and al Shabaab. 
Applicability. 
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126 STAT. 1981 
PUBLIC LAW 112–239—JAN. 2, 2013 
(3) To enhance the capacity of national military forces 
participating in the African Union Mission in Somalia to con-
duct counterterrorism operations against al Qaeda, al Qaeda 
affiliates, and al Shabaab. 
(b) TYPES OF ASSISTANCE.— 
(1) AUTHORIZED ELEMENTS.—Assistance under subsection 
(a) may include the provision of equipment, supplies, training, 
and minor military construction. 
(2) REQUIRED ELEMENTS.—Assistance under subsection (a) 
shall be provided in a manner that promotes— 
(A) observance of and respect for human rights and 
fundamental freedoms; and 
(B) respect for legitimate civilian authority in the 
country receiving such assistance. 
(3) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The Sec-
retary of Defense may not use the authority in subsection 
(a) to provide any type of assistance described in this subsection 
that is otherwise prohibited by any other provision of law. 
(4) LIMITATIONS ON MINOR MILITARY CONSTRUCTION.—The 
total amount that may be obligated and expended on minor 
military construction under subsection (a) in any fiscal year 
may not exceed amounts as follows: 
(A) In the case of minor military construction under 
paragraph (1) of subsection (a), $10,000,000. 
(B) In the case of minor military construction under 
paragraphs (2) and (3) of subsection (a), $10,000,000. 
(c) FUNDING.— 
(1) IN GENERAL.—Of the amount authorized to be appro-
priated for a fiscal year for the Department of Defense for 
operation and maintenance— 
(A) not more than $75,000,000 may be used to provide 
assistance under paragraph (1) of subsection (a); and 
(B) not more than $75,000,000 may used to provide 
assistance under paragraphs (2) and (3) of subsection (a). 
(2) AVAILABILITY OF FUNDS FOR ASSISTANCE ACROSS FISCAL 
YEARS.—Amounts available under this subsection for the 
authority in subsection (a) for a fiscal year may be used for 
assistance under that authority that begins in such fiscal year 
but ends in the next fiscal year. 
(d) NOTICE TO CONGRESS.— 
(1) IN GENERAL.—Not later than 30 days before providing 
assistance under subsection (a), the Secretary of Defense shall 
submit to the committees of Congress specified in paragraph 
(2) a notice setting forth the assistance to be provided, including 
the types of such assistance, the budget for such assistance, 
and the completion date for the provision of such assistance. 
(2) COMMITTEES OF CONGRESS.—The committees of Con-
gress specified in this paragraph are— 
(A) the Committee on Armed Services, the Committee 
on Foreign Relations, and the Committee on Appropriations 
of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Affairs, and the Committee on Appropriations 
of the House of Representatives. 
(e) EXPIRATION.—Except as provided in subsection (c)(2), the 
authority provided under subsection (a) may not be exercised after 
the earlier of— 
Deadline. 
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126 STAT. 1982 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) the date on which the Global Security Contingency 
Fund achieves full operational capability; or 
(2) September 30, 2014. 
SEC. 1204. LIMITATION ON ACTIVITIES UNDER STATE PARTNERSHIP 
PROGRAM PENDING COMPLIANCE WITH CERTAIN PRO-
GRAM-RELATED REQUIREMENTS. 
(a) LIMITATION.—If both requirements specified in subsection 
(b) are not met as of February 28, 2013, no activities may be 
carried out under the State Partnership Program after that date 
until both requirements are met. 
(b) REQUIREMENTS.—The requirements specified in this sub-
section are the following: 
(1) The requirement for the Secretary of Defense to submit 
to the appropriate congressional committees the final regula-
tions required by subsection (a) of section 1210 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2517; 32 U.S.C. 107 note). 
(2) A requirement for the Secretary of Defense to certify 
to the appropriate congressional committees that appropriate 
modifications have been made, and appropriate controls have 
been instituted, to ensure the compliance of the Program with 
section 1341 of title 31, United States Code (commonly referred 
to as the ‘‘Anti-Deficiency Act’’), in the future. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ has 
the meaning given that term in subsection (d) of section 1210 
of the National Defense Authorization Act for Fiscal Year 2010. 
Subtitle B—Matters Relating to Iraq, 
Afghanistan, and Pakistan 
SEC. 1211. AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF 
THE OFFICE OF SECURITY COOPERATION IN IRAQ. 
(a) LIMITATION ON AMOUNT.—Subsection (c) of section 1215 
of the National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1631) is amended by inserting at 
the end before the period the following: ‘‘and in fiscal year 2013 
may not exceed $508,000,000’’. 
(b) SOURCE
OF FUNDS.—Subsection (d) of such section is 
amended— 
(1) by inserting ‘‘or fiscal year 2013’’ after ‘‘fiscal year 
2012’’; and 
(2) by striking ‘‘that fiscal year’’ and inserting ‘‘fiscal year 
2012 or 2013, as the case may be,’’. 
(c) ADDITIONAL AUTHORITY FOR THE ACTIVITIES OF THE OFFICE 
OF
SECURITY
COOPERATION
IN
IRAQ.—Such section is further 
amended— 
(1) by redesignating subsection (f) as subsection (g); and 
(2) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f) ADDITIONAL AUTHORITY FOR ACTIVITIES OF OSCI.—During 
fiscal year 2013, the Secretary of Defense, with the concurrence 
of the Secretary of State, may authorize the Office of Security 
Cooperation in Iraq to conduct non-operational training activities 
in support of Iraqi Ministry of Defense and Counter Terrorism 
10 USC 113 note. 
Certification. 
Regulations. 
Deadline. 
32 USC 107 note. 
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126 STAT. 1983 
PUBLIC LAW 112–239—JAN. 2, 2013 
Service personnel in an institutional environment to address capa-
bility gaps, integrate processes relating to intelligence, air sov-
ereignty, combined arms, logistics and maintenance, and to manage 
and integrate defense-related institutions.’’. 
(d) REPORT.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretary of State, shall submit to the 
appropriate congressional committees a report on the activities 
of the Office of Security Cooperation in Iraq. 
(2) MATTERS TO BE INCLUDED.—The report shall include 
the following: 
(A) A description, in unclassified form (but with a 
classified annex if appropriate), of any capability gaps in 
the security forces of Iraq, including capability gaps 
relating to intelligence matters, protection of Iraq airspace, 
and logistics and maintenance. 
(B) A description of the extent, if any, to which the 
programs of the Office of Security Cooperation in Iraq, 
in conjunction with other United States programs such 
as the Foreign Military Financing program, the Foreign 
Military Sales program, and joint training exercises, will 
address the capability gaps described in subparagraph (A) 
if the Government of Iraq requests assistance in addressing 
such capability gaps. 
(C) A detailed discussion of the current manpower, 
budget, and authorities of the Office of Security Coopera-
tion in Iraq. 
(D) A detailed plan for the transition of the costs 
of the activities of the Office of Security Cooperation in 
Iraq to Foreign Military Sales case funding by September 
30, 2014, and a detailed description of the planned man-
power, budget, and authorities of the Office to implement 
such a plan. 
(E) A description of existing authorities available to 
be used to cover the costs of training the Iraqi Security 
Forces, including a list of specific training activities and 
number of associated personnel that the Secretary of 
Defense determines cannot be conducted under any existing 
authority not provided by this section. 
(F) A description of those measures of effectiveness 
that will be used to evaluate the activities of the Office 
of Security Cooperation in Iraq and a discussion of the 
process that will use those measures of effectiveness to 
make determinations if specific activities of the Office 
should be expanded, altered, or terminated. 
(3) UPDATE REQUIRED.—Not later than September 30, 2013, 
the Secretary of Defense, in consultation with the Secretary 
of State, shall submit to the appropriate congressional commit-
tees an update of the report required by paragraph (1), 
including a description of any changes to any specific element 
or process described in subparagraphs (A) through (F) of para-
graph (2). 
(4) DEFINITION.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means— 
(A) the congressional defense committees; and 
Deadline. 
Consultation. 
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126 STAT. 1984 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) the Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs of the House of 
Representatives. 
SEC. 1212. REPORT ON INSIDER ATTACKS IN AFGHANISTAN AND THEIR 
EFFECT ON THE UNITED STATES TRANSITION STRATEGY 
FOR AFGHANISTAN. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) to the maximum extent possible and consistent with 
the commander’s professional judgment and the requirements 
of the mission, the United States military should conduct local 
force protection for its troops on bases where such troops are 
garrisoned or housed in Afghanistan; 
(2) the increase in attacks and associated threats by 
Afghanistan National Security Forces personnel, Afghanistan 
National Security Forces impersonators, and private security 
contractors against United States, Afghanistan, and coalition 
military and civilian personnel raises concerns about the force 
protection for United States troops in Afghanistan and the 
procedures for screening, vetting, and monitoring Afghanistan 
National Security Forces personnel and Afghan Public Protec-
tion Force personnel; 
(3) the Department of Defense and the Government of 
Afghanistan are making efforts to address the threat of such 
attacks and associated threats, but continued leadership will 
be required; and 
(4) the North Atlantic Treaty Organization/International 
Security Assistance Force and the Government of Afghanistan 
should establish a program to continue to enhance vetting 
of Afghanistan National Security Forces and Afghan Public 
Protection Force recruits, to monitor the Afghanistan National 
Security Forces and the Afghan Public Protection Force per-
sonnel, and to re-assess Afghanistan National Security Forces 
and Afghan Public Protection Force personnel as required. 
(b) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall, in consultation 
with the Secretary of State and the Commander of North Atlantic 
Treaty Organization/International Security Assistance Force forces 
in Afghanistan, submit to Congress a report on the attacks and 
associated threats by Afghanistan National Security Forces per-
sonnel, Afghanistan National Security Forces impersonators, 
Afghan Public Protection Force personnel, Afghan Public Protection 
Force impersonators, and private security contractors against 
United States, Afghanistan, and coalition military and civilian per-
sonnel (‘‘insider attacks’’) in Afghanistan, and the effect of these 
attacks on the overall transition strategy in Afghanistan. 
(c) ELEMENTS.—The report required by subsection (b) shall 
include the following: 
(1) A description of the nature and proximate causes of 
the attacks described in subsection (b), including the following: 
(A) An estimate of the number of such attacks on 
United States, Afghanistan, and coalition military per-
sonnel since January 1, 2007. 
(B) An estimate of the number of United States, 
Afghanistan, and coalition personnel killed or wounded 
in such attacks. 
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126 STAT. 1985 
PUBLIC LAW 112–239—JAN. 2, 2013 
(C) The circumstances or conditions that may have 
influenced such attacks. 
(D) An assessment of the threat posed by infiltration, 
and a best assessment of the extent of infiltration by insur-
gents into the Afghanistan National Security Forces and 
the Afghan Public Protection Force. 
(E) A description of trends in the prevalence of such 
attacks, including where such attacks occur, the political 
and ethnic affiliation of attackers, and the targets of 
attackers. 
(2) A description of the restrictions and other actions taken 
by the United States and North Atlantic Treaty Organization/ 
International Security Assistance Force forces to protect mili-
tary and civilian personnel from future insider attacks, 
including measures in predeployment training. 
(3) A description of the actions taken by the Government 
of Afghanistan to prevent and respond to insider attacks, 
including improved vetting practices. 
(4) A description of the insider threat-related factors that 
will influence the size and scope of the post-2014 training 
mission for the Afghanistan National Security Forces. 
(5) An assessment of the impact of the insider attacks 
in Afghanistan in 2012 on the overall transition strategy in 
Afghanistan and its prospects for success, including an assess-
ment how such insider attacks impact— 
(A) partner operations between North Atlantic Treaty 
Organization/International Security Assistance Force forces 
and Afghanistan National Security Forces; 
(B) training programs for the Afghanistan National 
Security Forces, including proposed training plans to be 
executed during the post-2014 training mission for the 
Afghanistan National Security Forces; 
(C) United States Special Forces training of the Afghan 
Local Police and its integration into the Afghanistan 
National Security Forces; and 
(D) the willingness of North Atlantic Treaty Organiza-
tion/International Security Assistance Force allies to main-
tain forces in Afghanistan or commit to the post-2014 
training mission for the Afghanistan National Security 
Forces. 
(6) An assessment of the impact that a reduction in training 
and partnering would have on the independent capabilities 
of the Afghanistan National Security Forces, and whether the 
training of the Afghanistan National Security Forces should 
remain a key component of the United States and North 
Atlantic Treaty Organization strategy in Afghanistan. 
(d) ADDITIONAL REPORTS.—The Secretary of Defense shall 
submit to the congressional defense committees a semi-annual 
update to the report required under subsection (b) through 
December 31, 2014. The additional reports required by this sub-
section may be submitted in the report required by section 1230 
of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 385), as most recently amended 
by section 1218(a) of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1632). 
(e) UNCLASSIFIED EXECUTIVE SUMMARY.—The report submitted 
under subsection (b) and the semi-annual update to the report 
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126 STAT. 1986 
PUBLIC LAW 112–239—JAN. 2, 2013 
submitted under subsection (d) shall include an executive summary 
of the contents of the report in unclassified form. 
SEC. 1213. UNITED STATES MILITARY SUPPORT IN AFGHANISTAN. 
(a) NOTIFICATION.—The Secretary of Defense shall notify the 
congressional defense committees of any decision of the President 
to change force levels of United States Armed Forces deployed 
in Afghanistan. 
(b) SUBMITTAL REQUIRED.—Not later than 30 days after a deci-
sion by the President to change the force levels of United States 
Armed Forces deployed in Afghanistan, the Chairman of the Joint 
Chiefs of Staff shall, through the Secretary of Defense, submit 
to the congressional defense committees a detailed assessment of 
the risk to the United States mission and interests in Afghanistan 
as the change in levels is implemented. 
(c) ELEMENTS.—The risk assessment under subsection (b) on 
a change in force levels of United States Armed Forces in Afghani-
stan shall include the following: 
(1) A description of the current security situation in 
Afghanistan. 
(2) A description of any anticipated changes to United 
States military operations and objectives in Afghanistan associ-
ated with such change in force levels. 
(3) An identification and assessment of any changes in 
United States military capabilities, including manpower, logis-
tics, intelligence, and mobility support, in Afghanistan associ-
ated with such change in force levels. 
(4) An identification and assessment of the risk associated 
with any changes in United States mission, military capabili-
ties, operations, and objectives in Afghanistan associated with 
such change in force levels. 
(5) An identification and assessment of any capability gaps 
within the Afghanistan security forces that will impact their 
ability to conduct operations following such change in force 
levels. 
(6) An identification and assessment of the risk associated 
with the transition of combat responsibilities to the Afghanistan 
security forces following such change in force levels. 
(7) An assessment of the impact of such change in force 
levels on coalition military contributions to the mission in 
Afghanistan. 
(8) A description of the assumptions to be in force regarding 
the security situation in Afghanistan following such change 
in force levels. 
(9) Such other matters regarding such change in force 
levels as the Chairman considers appropriate. 
(d) TERMINATION.—The requirement to notify the congressional 
defense committees under subsection (a) shall terminate on 
December 31, 2014. 
SEC. 1214. MODIFICATION OF REPORT ON PROGRESS TOWARD SECU-
RITY AND STABILITY IN AFGHANISTAN. 
(a) IN
GENERAL.—Section 1230 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 385), as most recently amended by section 1218(a) of the 
National Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81; 125 Stat. 1632), is further amended— 
Deadline. 
President. 
Assessment. 
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126 STAT. 1987 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) by redesignating subsections (e), (f), and (g) as sub-
sections (f), (g), and (h), respectively; and 
(2) by inserting after subsection (d) the following: 
‘‘(e) ADDITIONAL MATTERS TO BE INCLUDED ON AFGHANISTAN 
NATIONAL SECURITY FORCES.—In reporting on performance indica-
tors and measures of progress required under subsection (d)(2)(D), 
the report required under subsection (a) shall assess the following: 
‘‘(1) For overall Afghanistan National Security Forces 
(ANSF): 
‘‘(A) A description of the professionalization of the 
Afghan National Army (ANA) and Afghan National Police 
(ANP), including literacy, training benchmarks, and vetting 
outcomes. 
‘‘(B) An assessment of the ANA and the ANP inter-
action with the Afghan civilian population and respect 
for human rights. 
‘‘(C) An outline of United States contributions for the 
current fiscal year and one-year projected fiscal year and 
pledges for contributions by other countries. 
‘‘(D) The percentage of officer corps and noncommis-
sioned officer corps personnel as compared to end-strength 
requirements. 
‘‘(2) For logistics: 
‘‘(A) An assessment of the ANA and ANP logistics 
system, including a discussion of critical supply shortfalls 
and challenges associated with filling supply requests. 
‘‘(B) A description of the logistical capacity of the ANA 
and ANP and how operations are sustained in the areas 
in which the ANA and ANP are transitioned and in areas 
in which the ANA and the ANP are in pre-transition stages. 
‘‘(3) For transition: 
‘‘(A) An assessment, by province, of the security situa-
tion and capability of ANSF in those areas that have been 
transitioned to an Afghan security lead, to include a 
description of the transition stages for each such province 
and readiness ratings for the ANSF in each such province. 
‘‘(B) An assessment, by province, of the security situa-
tion and capability of ANSF in pre-transition areas, to 
include readiness ratings. 
‘‘(C) A description of how security force assistance 
teams and security force assistance brigades will be 
integrated into ANSF units. 
‘‘(4) For preparation for the 2014 elections: The steps taken 
by the United States, ISAF, and the Government of Afghanistan 
to carry out the following: 
‘‘(A) Identify and train a sufficient number of the 
ANSF, to include female members of the ANSF. 
‘‘(B) Provide for the security of the elections, including 
security of polling places, election workers, election mate-
rials, and such other locations and personnel as may be 
necessary to safely carry out the elections, including partici-
pation of women. 
‘‘(C) Assist with ensuring that election workers and 
materials can be safely and securely transported in 
Afghanistan as may be required. 
‘‘(5) For partnership and assistance activities: 
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126 STAT. 1988 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(A) A discussion of ongoing partnership activities in 
Afghanistan, including partnership activities as part of 
major operations and efforts, and including metrics used 
to measure the quantity of ongoing partnership activities 
and changes to how partnership activities are conducted 
that affect significant numbers of United States Armed 
Forces, ISAF, or Afghan units and the reasons for any 
such change. 
‘‘(B) A discussion of any transition from partnership 
activities conducted by United States Armed Forces or 
other international units with Afghan forces to the use 
of security force assistance teams or security force assist-
ance brigades, including the reasons for such transition, 
advantages or drawbacks of such transition, and other 
information which may be pertinent. 
‘‘(C) The number of security force assistance teams 
and security force assistance brigades in Afghanistan, 
including the number of such teams and brigades provided 
by other members of ISAF, the number of such teams 
and brigades that are assisting each component of ANSF, 
and any unmet requirements for such teams and brigades.’’. 
(b) EFFECTIVE DATE.—The amendments made this section apply 
with respect to any report required to be submitted under section 
1230 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 385) on or after the date 
of the enactment of this Act. 
SEC. 1215. INDEPENDENT ASSESSMENT OF THE AFGHAN NATIONAL 
SECURITY FORCES. 
(a) INDEPENDENT ASSESSMENT REQUIRED.—The Secretary of 
Defense shall provide for the conduct of an independent assessment 
of the strength, force structure, force posture, and capabilities 
required to make the Afghan National Security Forces (ANSF) 
capable of providing security for their own country so as to prevent 
Afghanistan from ever again becoming a safe haven for terrorists 
that threaten Afghanistan, the region, and the world. 
(b) CONDUCT
OF ASSESSMENT.—The assessment required by 
subsection (a) may, at the election of the Secretary, be conducted 
by— 
(1) a Federally-funded research and development center 
(FFRDC); or 
(2) an independent, non-governmental institute described 
in section 501(c)(3) of the Internal Revenue Code of 1986 and 
exempt from tax under section 501(a) of such Code that has 
recognized credentials and expertise in national security and 
military affairs appropriate for the assessment. 
(c) ELEMENTS.—The assessment required by subsection (a) shall 
include, but not be limited to, the following: 
(1) An assessment of the likely internal and regional secu-
rity environment for Afghanistan over the next decade, 
including challenges and threats to the security and sovereignty 
of Afghanistan from state and non-state actors. 
(2) An assessment of the strength, force structure, force 
posture, and capabilities required to make the Afghan National 
Security Forces capable of providing security for their own 
country so as to prevent Afghanistan from ever again becoming 
Applicability. 
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126 STAT. 1989 
PUBLIC LAW 112–239—JAN. 2, 2013 
a safe haven for terrorists that threaten Afghanistan, the 
region, and the world. 
(3) An assessment of any capability gaps in the Afghan 
National Security Forces that are likely to persist after 2014 
and that will require continued support from the United States 
and its allies. 
(4) An assessment whether current proposals for the 
resourcing of the Afghan National Security Forces after 2014 
are adequate to establish and maintain long-term security for 
the Afghanistan people, and implications of the under- 
resourcing of the Afghan National Security Forces for United 
States national security interests. 
(d) REPORT.—Not later than one year after the date of the 
enactment of this Act, the entity selected for the conduct of the 
assessment required by subsection (a) shall provide to the Secretary 
and the congressional defense committees a report containing its 
findings as a result of the assessment. The report shall be submitted 
in unclassified form, but may include a classified annex. 
(e) FUNDING.—Of the amounts authorized to be appropriated 
for fiscal year 2013 by section 301 and available for operation 
and maintenance for Defense-wide activities as specified in the 
funding table in section 4301, up to $1,000,000 shall be made 
available for the assessment required by subsection (a). 
(f) AFGHAN NATIONAL SECURITY FORCES.—For purposes of this 
section, the Afghan National Security Forces shall include all forces 
under the authority of the Afghan Ministry of Defense and Afghan 
Ministry of Interior, including the Afghan National Army, the 
Afghan National Police, the Afghan Border Police, the Afghan 
National Civil Order Police, and the Afghan Local Police. 
SEC. 1216. EXTENSION AND MODIFICATION OF LOGISTICAL SUPPORT 
FOR COALITION FORCES SUPPORTING CERTAIN UNITED 
STATES MILITARY OPERATIONS. 
(a) EXTENSION.—Section 1234 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 394), as most recently amended by section 1211 of the National 
Defense Authorization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1629)), is further amended by striking ‘‘fiscal year 
2012’’ each place it appears and inserting ‘‘fiscal year 2013’’. 
(b) REPEAL OF AUTHORITY FOR USE OF FUNDS IN CONNECTION 
WITH IRAQ.— 
(1) IN GENERAL.—Subsection (a) of such section 1234, as 
so amended, is further amended by striking ‘‘Iraq and’’. 
(2) CONFORMING AMENDMENT.—The heading of such section 
1234 is amended by striking ‘‘IRAQ AND’’. 
SEC. 1217. REPORT ON AFGHANISTAN PEACE AND REINTEGRATION 
PROGRAM. 
(a) REPORT REQUIRED.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall, in 
consultation with the Secretary of State, submit to the appropriate 
committees of Congress a report on the Afghanistan Peace and 
Reintegration Program (APRP). 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A description of the goals and objectives of the Afghani-
stan Peace and Reintegration Program. 
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126 STAT. 1990 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) A description of the structure of the Program at the 
national and sub-national levels in Afghanistan, including the 
number and types of vocational training and other education 
programs. 
(3) A description of the activities of the Program as of 
the date of the report. 
(4) A description and assessment of the procedures for 
vetting individuals seeking to participate in the Program, 
including an assessment of the extent to which biometric identi-
fication systems are used and the role of provincial peace coun-
cils in such procedures. 
(5) The amount of funding provided by the United States, 
and by the international community, to support the Program, 
and the amount of funds so provided that have been distributed 
as of the date of the report. 
(6) An assessment of the individuals who have been re-
integrated into the Program, set forth in terms as follows: 
(A) By geographic distribution by province. 
(B) By number of each of low-level insurgent fighters, 
mid-level commanders, and senior commanders. 
(C) By number confirmed to have been part of the 
insurgency. 
(D) By number who are currently members of the 
Afghan Local Police. 
(E) By number who are participating in or have com-
pleted vocational training or other educational programs 
as part of the Program. 
(7) A description and assessment of the procedures for 
monitoring the individuals participating in the Program. 
(8) A description and assessment of the role of women 
and minority populations in the implementation of the Program. 
(9) An assessment of the effectiveness of the activities 
of the Program described under paragraph (3) in achieving 
the goals and objectives of the Program. 
(10) Such recommendations as the Secretary of Defense 
considers appropriate for improving the implementation, over-
sight, and effectiveness of the Program. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Armed Services, the Committee on 
Foreign Relations, and the Committee on Appropriations of 
the Senate; and 
(2) the Committee on Armed Services, the Committee on 
Foreign Affairs, and the Committee on Appropriations of the 
House of Representatives. 
SEC. 1218. ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR 
REINTEGRATION ACTIVITIES IN AFGHANISTAN. 
Section 1216 of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4392), 
as amended by section 1216 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1632), 
is further amended— 
(1) in subsection (a)— 
(A) 
by 
striking 
‘‘$50,000,000’’ 
and 
inserting 
‘‘$35,000,000’’; and 
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126 STAT. 1991 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) by striking ‘‘in each of fiscal years 2011 and 2012’’ 
and inserting ‘‘for fiscal year 2013’’; and 
(2) in subsection (e)— 
(A) by striking ‘‘utilize funds’’ and inserting ‘‘obligate 
funds’’; and 
(B) by striking ‘‘December 31, 2012’’ and inserting 
‘‘December 31, 2013’’. 
SEC. 1219. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY 
FOR PROGRAM TO DEVELOP AND CARRY OUT INFRA-
STRUCTURE PROJECTS IN AFGHANISTAN. 
Section 1217(f) of the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4393), 
as amended by section 1217(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1632), 
is further amended— 
(1) by striking paragraph (1) and inserting the following 
new paragraph (1): 
‘‘(1) IN GENERAL.—Subject to paragraph (2), to carry out 
the program authorized under subsection (a), the Secretary 
of Defense may use amounts as follows: 
‘‘(A) Up to $400,000,000 made available to the Depart-
ment of Defense for operation and maintenance for fiscal 
year 2012. 
‘‘(B) Up to $350,000,000 made available to the Depart-
ment of Defense for operation and maintenance for fiscal 
year 2013.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘85 percent’’ and inserting ‘‘50 percent’’; 
(B) by inserting ‘‘for a fiscal year after fiscal year 
2011’’ after ‘‘in paragraph (1)’’; and 
(C) by striking ‘‘fiscal year 2012.’’ and inserting ‘‘such 
fiscal year, including for each project to be initiated during 
such fiscal year the following: 
‘‘(A) An estimate of the financial and other require-
ments necessary to sustain such project on an annual basis 
after the completion of such project. 
‘‘(B) An assessment whether the Government of 
Afghanistan is committed to and has the capacity to main-
tain and use such project after its completion. 
‘‘(C) A description of any arrangements for the 
sustainment of such project following its completion if the 
Government of Afghanistan lacks the capacity (in either 
financial or human resources) to maintain such project.’’; 
and 
(3) in paragraph (3), by adding at the end the following 
new subparagraph: 
‘‘(C) In the case of funds for fiscal year 2013, until 
September 30, 2014.’’. 
SEC. 1220. REPORT ON UPDATES AND MODIFICATIONS TO CAMPAIGN 
PLAN FOR AFGHANISTAN. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
on which any substantial update or modification is made to the 
campaign plan for Afghanistan (including the supporting and imple-
menting documents for such plan), the Comptroller General of 
Assessment. 
Estimate. 
22 USC 7513 
note. 
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126 STAT. 1992 
PUBLIC LAW 112–239—JAN. 2, 2013 
the United States shall submit to the congressional defense commit-
tees a report on the updated or modified plan, including an assess-
ment of the updated or modified plan. 
(b) EXCEPTION.—The requirement to submit a report under 
subsection (a) on any substantial update or modification to the 
campaign plan for Afghanistan shall not apply if the Comptroller 
General— 
(1) determines that a report submitted to Congress by 
the Comptroller General before the date of the enactment of 
this Act substantially meets the requirement to submit the 
report under subsection (a); and 
(2) notifies the congressional defense committees in writing 
of the determination under paragraph (1). 
(c) TERMINATION.—The requirement to submit a report under 
subsection (a) on any substantial update or modification to the 
campaign plan for Afghanistan shall terminate on September 30, 
2014. 
(d) REPEAL OF SUPERSEDED REQUIREMENTS.—Section 1226 of 
the National Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2525) is repealed. 
SEC. 1221. COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN 
AFGHANISTAN. 
(a) ONE-YEAR EXTENSION.— 
(1) IN
GENERAL.—Section 1201 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 
125 Stat. 1619) is amended by striking ‘‘fiscal year 2012’’ each 
place it appears and inserting ‘‘fiscal year 2013’’. 
(2) CONFORMING AMENDMENT.—The heading of subsection 
(a) of such section is amended by striking ‘‘FISCAL YEAR 2012’’ 
and inserting ‘‘FISCAL YEAR 2013’’. 
(b) AMOUNT OF FUNDS AVAILABLE DURING FISCAL YEAR 2013.— 
Subsection (a) of such section is further amended by striking 
‘‘$400,000,000’’ and inserting ‘‘$200,000,000’’. 
SEC. 1222. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PRO-
VIDE DEFENSE SERVICES TO THE MILITARY AND SECU-
RITY FORCES OF AFGHANISTAN. 
(a) NONEXCESS ARTICLES AND RELATED SERVICES.—The Sec-
retary of Defense may, with the concurrence of the Secretary of 
State, transfer nonexcess defense articles from the stocks of the 
Department of Defense, without reimbursement from the Govern-
ment of Afghanistan, and provide defense services in connection 
with the transfer of such defense articles, to the military and 
security forces of Afghanistan to support the efforts of those forces 
to restore and maintain peace and security in that country. 
(b) LIMITATIONS.— 
(1) VALUE.—The aggregate replacement value of all defense 
articles transferred and defense services provided in connection 
with such defense articles under subsection (a) in any fiscal 
year may not exceed $250,000,000. 
(2) SOURCE
OF
TRANSFERRED
ARTICLES.—The authority 
under subsection (a) may only be used for defense articles 
that— 
(A) were present in Afghanistan as of the date of 
the enactment of this Act; 
(B) immediately before transfer were in use to support 
operations in Afghanistan; and 
Notification. 
Determination. 
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126 STAT. 1993 
PUBLIC LAW 112–239—JAN. 2, 2013 
(C) are no longer required by United States forces 
in Afghanistan. 
(c) APPLICABLE
LAW.—Any defense articles transferred or 
defense services provided under the authority of subsection (a) 
shall be subject to the authorities and limitations applicable to 
excess defense articles under section 516 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j), other than the authorities and limita-
tions in subsections (b)(1)(B), (e), (f), and (g) of such section. 
(d) REPORT REQUIRED BEFORE EXERCISE OF AUTHORITY.— 
(1) IN GENERAL.—The Secretary of Defense may not exercise 
the authority under subsection (a) until 15 days after the 
Secretary submits to the appropriate committees of Congress 
a report on the equipment and other property of the Depart-
ment of Defense in Afghanistan. 
(2) ELEMENTS.—The report required under paragraph (1) 
shall include the following: 
(A) A description of the process for inventorying equip-
ment and property, including defense articles, in Afghani-
stan owned by the Department of Defense, including equip-
ment and property owned by the Department and under 
the control of contractors in Afghanistan. 
(B) An estimate of the types and quantities of equip-
ment and property of the Department of Defense, including 
defense articles, anticipated to be withdrawn from Afghani-
stan in connection with the drawdown of United States 
military forces from Afghanistan between the date of the 
enactment of this Act and December 31, 2014, including 
equipment and property owned by the Department and 
under the control of contractors in Afghanistan. 
(e) NOTICE ON EXERCISE OF AUTHORITY.— 
(1) IN
GENERAL.—The Secretary of Defense may not 
transfer defense articles or provide defense services under sub-
section (a) until 15 days after the date on which the Secretary 
of Defense, with the concurrence of the Secretary of State, 
submits to the appropriate committees of Congress notice of 
the proposed transfer of defense articles and provision of 
defense services. 
(2) ELEMENTS.—A notice under paragraph (1) shall include 
the following: 
(A) A description of the amount and types of defense 
articles to be transferred and defense services to be pro-
vided. 
(B) A statement describing the current value of the 
defense articles to be transferred and the estimated replace-
ment value of such articles. 
(C) An identification of the element of the military 
or security force that is the proposed recipient of the 
defense articles to be transferred and defense service to 
be provided. 
(D) An identification of the military department from 
which the defense articles to be transferred are to be drawn. 
(E) An assessment of the impact, if any, of the transfer 
of defense articles on the readiness of units from which 
the defense articles are to be transferred, and the plan, 
if any, for mitigating such impact or reimbursing the mili-
tary department of such units for such defense articles. 
Time period. 
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126 STAT. 1994 
PUBLIC LAW 112–239—JAN. 2, 2013 
(F) An assessment of the ability of the Government 
of Afghanistan to sustain the costs associated with 
receiving, possessing, and using the defense articles to 
be transferred. 
(G) A determination and certification by the Secretary 
of Defense, with the concurrence of the Secretary of State, 
that— 
(i) the proposed transfer of the defense articles 
to be transferred and the provision of defense services 
to be provided in connection with such transfer is 
in the national interest of the United States; and 
(ii) such defense articles are required by the mili-
tary and security forces of Afghanistan to build their 
capacity to restore and maintain peace and security 
in that country. 
(f) QUARTERLY REPORTS.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the first transfer of defense articles and provision of defense 
services under the authority in subsection (a), and at the end 
of each calendar quarter, if any, thereafter through March 
31, 2015, in which the authority in subsection (a) is exercised, 
the Secretary of Defense shall submit to the appropriate 
committees of Congress a report on the implementation of 
the authority in subsection (a). Each report shall include the 
replacement value of the defense articles transferred pursuant 
to subsection (a), both in the aggregate and by military depart-
ment, and defense services provided to the Government of 
Afghanistan, during the 90-day period ending on the date of 
such report. 
(2) INCLUSION IN OTHER REPORT.—A report required under 
paragraph (1) may be included in the report required under 
section 9204 of the Supplemental Appropriations Act, 2008 
(Public Law 110–252; 122 Stat. 2410) or any follow on report 
to such other report. 
(g) DEFINITIONS.—In this section: 
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Relations, and the Committee on Appropriations 
of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Affairs, and the Committee on Appropriations 
of the House of Representatives. 
(2) DEFENSE ARTICLES.—The term ‘‘defense articles’’ has 
the meaning given the term in section 644(d) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2403(d)). 
(3) DEFENSE SERVICES.—The term ‘‘defense services’’ has 
the meaning given the term in section 644(f) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2403(f)). 
(4) MILITARY AND SECURITY FORCES.—The term ‘‘military 
and security forces’’ means national armies, national air forces, 
national navies, national guard forces, police forces, and border 
security forces, but does not include nongovernmental or irreg-
ular forces (such as private militias). 
(h) EXPIRATION.—The authority provided in subsection (a) may 
not be exercised after December 31, 2014. 
(i) EXCESS DEFENSE ARTICLES.— 
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126 STAT. 1995 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) ADDITIONAL
AUTHORITY.—The authority provided by 
subsection (a) is in addition to the authority provided by section 
516 of the Foreign Assistance Act of 1961. 
(2) EXEMPTIONS.— 
(A) During fiscal years 2013 and 2014, the value of 
excess defense articles transferred from the stocks of the 
Department of Defense in Afghanistan pursuant to section 
516 of the Foreign Assistance Act of 1961 shall not be 
counted against the limitation on the aggregate value of 
excess defense articles transferred contained in subsection 
(g) of such section. 
(B) During fiscal years 2013 and 2014, any excess 
defense articles specified in subparagraph (A) shall not 
be subject to the authorities and limitations applicable 
to excess defense articles under section 516 of the Foreign 
Assistance Act of 1961 contained in subsections (b)(1)(B) 
and (e) of such section. 
SEC. 1223. REPORT ON EFFORTS TO PROMOTE THE SECURITY OF 
AFGHAN WOMEN AND GIRLS DURING THE SECURITY 
TRANSITION PROCESS. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense and 
the Secretary of State shall jointly submit to the appropriate 
congressional committees a report on efforts by the United 
States Government to promote the security of Afghan women 
and girls during the security transition process. 
(2) ELEMENTS.—The report required under paragraph (1) 
shall include the following elements: 
(A) A discussion of efforts to monitor changes in 
women’s security conditions in areas undergoing transition, 
including the following: 
(i) A description of the roles and responsibilities 
of the offices within the International Security Assist-
ance Force, the United States Embassy, and the NATO 
Training Mission–Afghanistan that have lead responsi-
bility for gender issues. 
(ii) A description of the indicators against which 
sex-disaggregated data is collected and what, if any, 
additional indicators may enhance efforts to measure 
the security of women and girls during the transition 
process. 
(iii) A discussion of how these indicators are or 
may be incorporated into ongoing efforts to assess 
overall security conditions during the transition period. 
(iv) Recommendations, if any, on how assessments 
of women’s security can be more fully integrated into 
current procedures used to determine an area’s readi-
ness to proceed through the transition process. 
(B) A discussion of efforts that may increase gender 
awareness and responsiveness among Afghan National 
Army (ANA) and Afghan National Police (ANP) personnel, 
including the following: 
(i) A description of the efforts, if any, to work 
with Afghan and coalition partners to promote training 
curricula and programming that address the human 
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126 STAT. 1996 
PUBLIC LAW 112–239—JAN. 2, 2013 
rights and treatment of women and girls and that 
assess the quality and impact of such training. 
(ii) A description of the efforts, if any, to work 
with ANA and ANP leaders to develop enforcement 
and accountability mechanisms for ANA and ANP per-
sonnel who violate codes of conduct related to the 
human rights of women and girls. 
(iii) A description of the efforts, if any, to work 
with Afghan and coalition partners to promote the 
implementation of the above tools and develop uniform 
methods and standards for training and enforcement. 
(iv) Recommendations, if any, for enhancing efforts 
to promote the objectives described in clauses (i) 
through (iii). 
(C) A discussion of efforts to increase the number of 
female members of the ANA and ANP, including the fol-
lowing: 
(i) A description of the efforts, if any, to assist 
ANA and ANP leaders in developing realistic and 
achievable objectives for the recruitment and retention 
of women to the ANA and ANP by the end of the 
security transition period in 2014. 
(ii) A description of the efforts, if any, to assist 
ANA and ANP leaders and coalition partners in 
addressing physical and cultural challenges to the 
recruitment and retention of female ANA and ANP 
personnel. 
(iii) A description of the efforts, if any, to assist 
ANA and ANP leaders in increasing awareness of how 
women members of the security forces may improve 
the overall effectiveness of the ANA and ANP. 
(iv) A description of the efforts, if any, to assist 
ANA and ANP leaders in developing a plan for 
maintaining and increasing the recruitment and reten-
tion of women in the ANA and ANP following the 
completion of the security transition. 
(v) Recommendations, if any, for enhancing efforts 
to promote the objectives described in clauses (i) 
through (iv). 
(3) UPDATES.—The Secretary of Defense shall include in 
each report on progress toward security and stability in 
Afghanistan that is submitted to Congress under sections 1230 
and 1231 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 385, 390) updated 
information on efforts by the United States Government to 
promote the security of Afghan women and girls consistent 
with the requirements of this section. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives. 
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126 STAT. 1997 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1224. SENSE OF CONGRESS COMMENDING THE ENDURING STRA-
TEGIC PARTNERSHIP AGREEMENT BETWEEN THE UNITED 
STATES AND AFGHANISTAN. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States and Afghanistan have been allies 
in the conflict against al Qaeda and its affiliates for over 
a decade, with the shared goal of ensuring that Afghanistan 
is never again a sanctuary for al Qaeda. 
(2) The United States and Afghanistan are committed to 
the framework agreed to at the North Atlantic Treaty Organiza-
tion (NATO) Summit in Lisbon in 2010, and reaffirmed at 
the NATO Summit in Chicago in 2012, for the transition from 
coalition forces to the Afghan National Security Forces of lead 
responsibility for security throughout Afghanistan by the end 
of 2014. 
(3) In June 2011, President Barack Obama said, ‘‘What 
we can do, and will do, is build a partnership with the Afghan 
people that endures—one that ensures that we will be able 
to continue targeting terrorists and supporting a sovereign 
Afghan government’’. 
(4) In November 2011, a traditional loya jirga in Kabul 
declared that ‘‘strategic cooperation with the United States 
of America, which is a strategic ally of the people and govern-
ment of Afghanistan, is considered important in order to ensure 
political, economic, and military security’’ and also stated, 
‘‘Signing a strategic cooperation document with the United 
States conforms with the national interest of Afghanistan and 
is of significant importance’’. 
(5) On May 2, 2012, President Obama and President Hamid 
Karzai signed the Enduring Strategic Partnership Agreement 
Between the United States of America and the Islamic Republic 
of Afghanistan. 
(6) At the signing of the Enduring Strategic Partnership 
Agreement, President Obama said, ‘‘Today we’re agreeing to 
be long-term partners in combating terrorism, and training 
Afghan security forces, strengthening democratic institutions 
and supporting development, and protecting human rights of 
all Afghans. With this agreement, the Afghan people, and the 
world, should know that Afghanistan has a friend and a partner 
in the United States’’. 
(7) At a May 20, 2012, bilateral meeting with President 
Karzai at the NATO Summit in Chicago, President Obama 
said that the Enduring Strategic Partnership Agreement 
‘‘reflects a future in which two sovereign nations—the United 
States and Afghanistan—are operating as partners, to the ben-
efit of our countries’ citizens, but also for the benefit of peace 
and security and stability in the region and around the world’’. 
(8) President Karzai said at the May 20, 2012, bilateral 
meeting with President Obama, ‘‘Mr. President, the partnership 
that we signed a few weeks ago in Kabul has turned a new 
page in our relations. And the new page is a page of two 
sovereign countries working together for the mutual interests— 
peace and security and in all other areas’’. 
(9) On May 26, 2012, the Wolesi Jirga, the lower house 
of the Afghan parliament, approved the Agreement by a vote 
of 191–7 with 2 abstentions. 
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126 STAT. 1998 
PUBLIC LAW 112–239—JAN. 2, 2013 
(10) On June 3, 2012, the Meshrano Jirga, the upper house 
of the Afghan parliament, approved the Agreement by a vote 
of 67–13. 
(11) On July 8, 2012, at the Tokyo Conference on Afghani-
stan, the international community and the Government of 
Afghanistan reaffirmed their partnership in the economic 
growth and development of Afghanistan through a process of 
mutual commitments and accountability. 
(12) On July 4, 2012, the Enduring Strategic Partnership 
Agreement entered into force. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the members of the United States Armed Forces, intel-
ligence community, and diplomatic and development community 
of the United States are to be commended for their dedicated 
efforts and sacrifices in support of military and stability oper-
ations in Afghanistan that have helped strengthen security 
in Afghanistan, laid the foundation for transition to a long- 
term partnership between the United States and a sovereign 
Afghanistan, and supported the Government and people of 
Afghanistan as they continue to build their capacity to effec-
tively and justly govern; 
(2) the United States negotiating team for the Enduring 
Strategic Partnership Agreement, including the United States 
Embassy personnel in Kabul under the leadership of Ambas-
sador Ryan Crocker, is to be commended for its committed 
diplomatic efforts; 
(3) the Governments of the United States and Afghanistan 
are to be commended for concluding the Enduring Strategic 
Partnership Agreement; 
(4) Congress supports the objectives and principles of the 
Enduring Strategic Partnership Agreement, including pro-
tecting and promoting shared democratic values, advancing 
long-term security, reinforcing regional security and coopera-
tion, fostering social and economic development, upholding the 
rights of women and minorities, and strengthening institutions 
and governance in Afghanistan; 
(5) it is essential that the Government and people of 
Afghanistan fulfill Afghanistan’s international commitments as 
agreed at the Tokyo Conference of July 2012, the Bonn Con-
ference of December 2011, the Kabul Conference of July 2011, 
and other venues to combat corruption, protect the equal rights 
of all citizens of Afghanistan and enforce the rule of law, 
hold free and fair elections in 2014, and build inclusive and 
effective institutions of democratic governance; 
(6) a key national security interest of the United States 
is to maintain a long-term political, economic, and military 
relationship with Afghanistan, including a limited presence 
of United States Armed Forces for the purpose of training, 
advising, and supporting Afghan National Security Forces and 
cooperating on shared counterterrorism objectives; 
(7) the negotiation and conclusion of a Bilateral Security 
Agreement, as called for in the Enduring Strategic Partnership 
Agreement, will provide a fundamental framework for the long- 
term security relationship between the United States and 
Afghanistan; and 
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126 STAT. 1999 
PUBLIC LAW 112–239—JAN. 2, 2013 
(8) Congress has a critical role in continuing to provide 
the support and assistance necessary to achieve the goals of 
the Enduring Strategic Partnership Agreement. 
SEC. 1225. CONSULTATIONS WITH CONGRESS ON A BILATERAL SECU-
RITY AGREEMENT WITH AFGHANISTAN. 
(a) CONSULTATIONS REQUIRED.—Commencing not later than 
30 days after the date of the enactment of this Act, the President 
shall consult periodically with the appropriate committees of Con-
gress on the status of the negotiations on a bilateral security 
agreement between the United States of America and the Islamic 
Republic of Afghanistan. Such consultations shall include a briefing 
summarizing the purpose, objectives, and key issues relating to 
the agreement. 
(b) AVAILABILITY OF AGREEMENT TEXT.—Before entering into 
any bilateral security agreement with Afghanistan, the President 
shall make available to the appropriate committees of Congress 
the text of such agreement. 
(c) TERMINATION OF CONSULTATIONS.—The requirements of this 
section shall terminate on the date on which the United States 
and Afghanistan enter into a bilateral security agreement or the 
President notifies Congress that negotiations on such an agreement 
have been terminated. 
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives. 
SEC. 1226. COMPLETION OF TRANSITION OF UNITED STATES COMBAT 
AND MILITARY AND SECURITY OPERATIONS TO THE 
GOVERNMENT OF AFGHANISTAN. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the President should, in coordination with the Govern-
ment of Afghanistan, North Atlantic Treaty Organization 
(NATO) member countries, and other allies in Afghanistan, 
seek to— 
(A) undertake all appropriate activities to accomplish 
the President’s stated goal of transitioning the lead respon-
sibility for security to the Government of Afghanistan by 
mid-summer 2013; 
(B) as part of accomplishing this transition of the lead 
responsibility for security to the Government of Afghani-
stan, draw down United States troops to a level sufficient 
to meet this goal; 
(C) continue to draw down United States troop levels 
through the end of 2014; and 
(D) end all regular combat operations by United States 
troops by not later than December 31, 2014, and take 
all possible steps to end such operations at the earliest 
date consistent with a safe and orderly draw down of 
United States troops in Afghanistan; and 
(2) the recommendations of the commanders of the Inter-
national Security Assistance Force on the overall strategy for 
Afghanistan, including the pace of the draw down, should be 
given serious consideration. 
22 USC 7511 
note. 
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126 STAT. 2000 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to recommend or support any limitation or prohibition 
on any authority of the President— 
(1) to modify the military strategy, tactics, and operations 
of United States Armed Forces as such Armed Forces redeploy 
from Afghanistan; 
(2) to authorize United States forces in Afghanistan to 
defend themselves whenever they may be threatened; 
(3) to attack al-Qaeda forces wherever such forces are 
located; 
(4) to provide financial support and equipment to the 
Government of Afghanistan for the training and supply of 
Afghanistan military and security forces; or 
(5) to gather, provide, and share intelligence with United 
States allies operating in Afghanistan and Pakistan. 
SEC. 1227. EXTENSION AND MODIFICATION OF AUTHORITY FOR 
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR 
SUPPORT PROVIDED TO UNITED STATES MILITARY OPER-
ATIONS. 
(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 1233 
of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 393), as most recently amended 
by section 1213 of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1630), is further 
amended by striking ‘‘for fiscal year 2012’’ and inserting ‘‘for fiscal 
year 2013’’. 
(b) LIMITATION ON AMOUNTS AVAILABLE.—Subsection (d) of such 
section 1233, as so amended, is further amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘during fiscal year 2012 may not exceed 
$1,690,000,000’’ and inserting ‘‘during fiscal year 2013 may 
not exceed $1,650,000,000’’; and 
(B) by adding at the end the following new sentence: 
‘‘Of the aggregate amount specified in the preceding sen-
tence, the total amount of reimbursements made under 
subsection (a) and support provided under subsection (b) 
to Pakistan during fiscal year 2013 may not exceed 
$1,200,000,000.’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) PROHIBITION ON REIMBURSEMENT OF PAKISTAN FOR SUP-
PORT DURING PERIODS CLOSED TO TRANSSHIPMENT.—Effective 
as of the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2013, funds (including funds 
from a prior fiscal year that remain available for obligation) 
may not be used for reimbursements under the authority in 
subsection (a) for Pakistan for claims of support provided during 
any period when the ground lines of supply through Pakistan 
to Afghanistan were closed to the transshipment of equipment 
and supplies in support of United States military operations 
in Afghanistan.’’. 
(c) SUPPORTED OPERATIONS.—Such section 1233 is further 
amended in subsections (a)(1) and (b) by striking ‘‘Operation Iraqi 
Freedom or’’. 
(d) LIMITATION
ON REIMBURSEMENT
OF PAKISTAN
IN FISCAL 
YEAR 2013 PENDING CERTIFICATION ON PAKISTAN.— 
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126 STAT. 2001 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) IN GENERAL.—Effective as of the date of the enactment 
of this Act, no amounts authorized to be appropriated by this 
Act, and no amounts authorized to be appropriated for fiscal 
years before fiscal year 2013 that remain available for obliga-
tion, may be used for reimbursements of Pakistan under the 
authority in subsection (a) of section 1233 of the National 
Defense Authorization Act for Fiscal Year 2008, as amended 
by this section, until the Secretary of Defense certifies to the 
congressional defense committees each of the following: 
(A) That Pakistan is maintaining security along the 
Ground Lines of Communications (GLOCs) through Paki-
stan to Afghanistan for the transshipment of equipment 
and supplies in support of United States military operations 
in Afghanistan and the retrograde of United States equip-
ment out of Afghanistan. 
(B) That Pakistan is taking demonstrable steps to— 
(i) support counterterrorism operations against al 
Qaeda, Tehrik-i-Taliban Pakistan, and other militant 
extremists groups such as the Haqqani Network and 
the Quetta Shura Taliban located in Pakistan; 
(ii) disrupt the conduct of cross-border attacks 
against United States, coalition, and Afghanistan secu-
rity forces located in Afghanistan by such groups 
(including the Haqqani Network and the Quetta Shura 
Taliban) from bases in Pakistan; and 
(iii) counter the threat of improvised explosive 
devices, including efforts to attack improvised explosive 
device networks, monitor known precursors used in 
improvised 
explosive 
devices, 
and 
systematically 
address the misuse of explosive materials (including 
calcium ammonium nitrate) and accessories and their 
supply to legitimate end-users in a manner that 
impedes the flow of improvised explosive devices and 
improvised explosive device components into Afghani-
stan. 
(2) WAIVER
AUTHORITY.—The Secretary may waive the 
limitation in paragraph (1) if the Secretary certifies to the 
congressional defense committees in writing that the waiver 
is in the national security interests of the United States and 
includes with such certification a justification for the waiver. 
(3) REPORT.—Not later than 90 days after the date of 
enactment of this Act, the Secretary of Defense shall, in con-
sultation with the Secretary of State, submit to the congres-
sional defense committees a report on the provision of 
reimbursements and support to Pakistan under this section 
and the amendments made by this section. The report shall 
include the following: 
(A) A description of the process for reimbursing or 
providing support to Pakistan under section 1233 of the 
National Defense Authorization Act for Fiscal Year 2008, 
as so amended, including the process by which claims are 
proposed and adjudicated. 
(B) Any conditions or caveats that the Government 
of Pakistan has placed on the use of the ground lines 
of supply through Pakistan in support of United States 
forces in Afghanistan or for the retrograde of United States 
equipment out of Afghanistan. 
Effective date. 
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126 STAT. 2002 
PUBLIC LAW 112–239—JAN. 2, 2013 
(C) An estimate of the costs for fiscal years 2011 
through 2013 associated with the transshipment of equip-
ment and supplies in support of United States forces in 
Afghanistan through— 
(i) supply routes in Pakistan; and 
(ii) supply routes along the Northern Distribution 
Network. 
SEC. 1228. EXTENSION AND MODIFICATION OF PAKISTAN COUNTER-
INSURGENCY FUND. 
(a) EXTENSION.—Section 1224(h) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2521), as most recently amended by section 1220(a) of the 
National Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81; 125 Stat. 1633), is further amended by striking ‘‘Sep-
tember 30, 2012’’ each place it appears and inserting ‘‘September 
30, 2013’’. 
(b) EXTENSION OF LIMITATION ON FUNDS PENDING REPORT.— 
Section 1220(b)(1)(A) of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1633) is amended 
by striking ‘‘fiscal year 2012’’ and inserting ‘‘fiscal year 2013’’. 
(c) LIMITATION ON USE OF FUNDS.— 
(1) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for the Pakistan 
Counterinsurgency Fund may be used to provide assistance 
to the Government of Pakistan until the Secretary of Defense, 
in consultation with the Secretary of State, certifies to the 
appropriate congressional committees that— 
(A) the Government of Pakistan is demonstrating a 
continuing commitment to and is making significant efforts 
toward the implementation of a strategy to counter impro-
vised explosive devices (IEDs), including— 
(i) attacking IED networks; 
(ii) monitoring known precursors used in IEDs; 
and 
(iii) developing a strict protocol for the manufac-
ture of explosive materials, including calcium ammo-
nium nitrate, and accessories and their supply to legiti-
mate end users; and 
(B) the Government of Pakistan is cooperating with 
United States counterterrorism efforts, including by not 
detaining, prosecuting, or imprisoning citizens of Pakistan 
as a result of their cooperation with such efforts, including 
Dr. Shakil Afridi. 
(2) WAIVER.—The Secretary of Defense, in consultation with 
the Secretary of State, may waive the requirements of para-
graph (1) if the Secretary of Defense determines it is in the 
national security interest of the United States to do so. 
(3) DEFINITION.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means— 
(A) the congressional defense committees; and 
(B) the Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs of the House of 
Representatives. 
Consultation. 
Shakil Afridi. 
Consultation. 
Certification. 
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126 STAT. 2003 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle C—Matters Relating to Iran 
SEC. 1231. REPORT ON UNITED STATES CAPABILITIES IN RELATION 
TO CHINA, NORTH KOREA, AND IRAN. 
(a) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, and not later than March 31, 2014, the 
Chairman of the Joint Chiefs of Staff, in consultation with the 
commanders of the relevant geographical and functional combatant 
commands, shall submit to the congressional defense committees 
a report on United States capabilities in relation to the People’s 
Republic of China, the Democratic People’s Republic of Korea, and 
the Republic of Iran. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following elements: 
(1) Any critical gaps in intelligence that limit the ability 
of the United States Armed Forces to counter challenges or 
threats emanating from each of the foreign countries described 
in subsection (a). 
(2) Any gaps in the capabilities, capacity, and authorities 
of the United States Armed Forces to counter challenges or 
threats to United States personnel and United States interests 
in the respective regions of the foreign countries described 
in subsection (a). 
(3) Any other matters the Chairman of the Joint Chiefs 
of Staff considers to be relevant. 
(c) INFORMATION TO BE CONSIDERED.—In preparing the report 
required by subsection (a), the Chairman of the Joint Chiefs of 
Staff should consider the information contained in the most recent 
reports required by the following: 
(1) Section 1236 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641). 
(2) Section 1245 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2542). 
(3) Section 1202 of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 781; 
10 U.S.C. 113 note). 
SEC. 1232. REPORT ON MILITARY CAPABILITIES OF GULF COOPERA-
TION COUNCIL MEMBERS. 
(a) REPORT.—The Secretary of Defense, in consultation with 
the Secretary of State, shall evaluate the military capabilities of 
members of the Cooperation Council for the Arab States of the 
Gulf (in this section referred to as the ‘‘Gulf Cooperation Council’’) 
and submit to the appropriate congressional committees a report 
on the findings of such evaluation. 
(b) MATTERS TO BE INCLUDED.—The report required under 
subsection (a) shall include the following: 
(1) An assessment of the military capabilities of Gulf 
Cooperation Council members to defend collectively against 
Iran and contribute to international counter-terrorism and 
counter-piracy efforts. 
(2) An assessment of gaps in the military capabilities of 
Gulf Cooperation Council members to defend collectively 
against Iran and a detailed description of military capabilities 
necessary to address those gaps. 
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126 STAT. 2004 
PUBLIC LAW 112–239—JAN. 2, 2013 
(3) An evaluation of United States military capabilities 
and posture in the region and an analysis of the capacity 
of the United States Armed Forces to augment the military 
capabilities of Gulf Cooperation Council members. 
(4) A description of the United States Government’s ongoing 
efforts to foster regional cooperation through ongoing bilateral 
and multilateral strategic security dialogues. 
(5) A summary of Gulf Cooperation Council operational 
and training requests to the United States Government and 
the associated actions taken by the United States Government. 
(c) SUBMISSION TO CONGRESS.—The report required under sub-
section (a) shall be submitted to the appropriate congressional 
committees not later than 180 days after the date of the enactment 
of this Act. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Appropriations, the Committee on 
Armed Services, and the Committee on Foreign Relations of 
the Senate; and 
(2) the Committee on Appropriations, the Committee on 
Armed Services, and the Committee on Foreign Affairs of the 
House of Representatives. 
SEC. 1233. SENSE OF CONGRESS WITH RESPECT TO IRAN. 
It is the sense of Congress that the United States should 
be prepared to take all necessary measures, including military 
action if required, to prevent Iran from threatening the United 
States, its allies, or Iran’s neighbors with a nuclear weapon. 
SEC. 1234. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed as authorizing the use 
of force against Iran. 
Subtitle D—Iran Sanctions 
SEC. 1241. SHORT TITLE. 
This subtitle may be cited as the ‘‘Iran Freedom and Counter- 
Proliferation Act of 2012’’. 
SEC. 1242. DEFINITIONS. 
(a) IN GENERAL.—In this subtitle: 
(1) AGRICULTURAL
COMMODITY.—The term ‘‘agricultural 
commodity’’ has the meaning given that term in section 102 
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). 
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the committees specified in section 14(2) of the 
Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 
1701 note); and 
(B) the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of 
Representatives. 
(3) COAL.—The term ‘‘coal’’ means metallurgical coal, coking 
coal, or fuel coke. 
(4) 
CORRESPONDENT
ACCOUNT; 
PAYABLE-THROUGH 
ACCOUNT.—The terms ‘‘correspondent account’’ and ‘‘payable- 
22 USC 8801. 
Iran Freedom 
and Counter- 
Proliferation Act 
of 2012. 
President. 
22 USC 8801 
note. 
22 USC 8784 
note. 
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126 STAT. 2005 
PUBLIC LAW 112–239—JAN. 2, 2013 
through account’’ have the meanings given those terms in sec-
tion 5318A of title 31, United States Code. 
(5) FOREIGN
FINANCIAL
INSTITUTION.—The term ‘‘foreign 
financial institution’’ has the meaning of that term as deter-
mined by the Secretary of the Treasury pursuant to section 
104(i) of the Comprehensive Iran Sanctions, Accountability, 
and Divestment Act of 2010 (22 U.S.C. 8513(i)). 
(6) GOOD.—The term ‘‘good’’ has the meaning given that 
term in section 16 of the Export Administration Act of 1979 
(50 U.S.C. App. 2415) (as continued in effect pursuant to the 
International Emergency Economic Powers Act (50 U.S.C. 1701 
et seq.)). 
(7) IRANIAN
FINANCIAL
INSTITUTION.—The term ‘‘Iranian 
financial institution’’ has the meaning given that term in section 
104A(d) of the Comprehensive Iran Sanctions, Accountability, 
and Divestment Act of 2010 (22 U.S.C. 8513b(d)). 
(8) IRANIAN PERSON.—The term ‘‘Iranian person’’ means— 
(A) an individual who is a citizen or national of Iran; 
and 
(B) an entity organized under the laws of Iran or 
otherwise subject to the jurisdiction of the Government 
of Iran. 
(9) KNOWINGLY.—The term ‘‘knowingly’’, with respect to 
conduct, a circumstance, or a result, means that a person 
has actual knowledge, or should have known, of the conduct, 
the circumstance, or the result. 
(10) MEDICAL DEVICE.—The term ‘‘medical device’’ has the 
meaning given the term ‘‘device’’ in section 201 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321). 
(11) MEDICINE.—The term ‘‘medicine’’ has the meaning 
given the term ‘‘drug’’ in section 201 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 321). 
(12) SHIPPING.—The term ‘‘shipping’’ refers to the transpor-
tation of goods by a vessel and related activities. 
(13) UNITED STATES PERSON.—The term ‘‘United States per-
son’’ has the meaning given that term in section 101 of the 
Comprehensive Iran Sanctions, Accountability, and Divestment 
Act of 2010 (22 U.S.C. 8511). 
(14) VESSEL.—The term ‘‘vessel’’ has the meaning given 
that term in section 3 of title 1, United States Code. 
(b) DETERMINATIONS OF SIGNIFICANCE.—For purposes of this 
subtitle, in determining if financial transactions or financial services 
are significant, the President may consider the totality of the facts 
and circumstances, including factors similar to the factors set forth 
in section 561.404 of title 31, Code of Federal Regulations (or 
any corresponding similar regulation or ruling). 
SEC. 1243. SENSE OF CONGRESS RELATING TO VIOLATIONS OF HUMAN 
RIGHTS BY IRAN. 
(a) FINDING.—Congress finds that the interests of the United 
States and international peace are threatened by the ongoing and 
destabilizing actions of the Government of Iran, including its mas-
sive, systematic, and extraordinary violations of the human rights 
of its own citizens. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the United States should— 
22 USC 8802. 
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126 STAT. 2006 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) deny the Government of Iran the ability to continue 
to oppress the people of Iran and to use violence and executions 
against pro-democracy protestors and regime opponents; 
(2) fully and publicly support efforts made by the people 
of Iran to promote the establishment of basic freedoms that 
build the foundation for the emergence of a freely elected, 
open, and democratic political system; 
(3) help the people of Iran produce, access, and share 
information freely and safely via the Internet and through 
other media; and 
(4) defeat all attempts by the Government of Iran to jam 
or otherwise obstruct international satellite broadcast signals. 
SEC. 1244. IMPOSITION OF SANCTIONS WITH RESPECT TO THE 
ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF 
IRAN. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Iran’s energy, shipping, and shipbuilding sectors and 
Iran’s ports are facilitating the Government of Iran’s nuclear 
proliferation activities by providing revenue to support pro-
liferation activities. 
(2) The United Nations Security Council and the United 
States Government have expressed concern about the prolifera-
tion risks presented by the Iranian nuclear program. 
(3) The Director General of the International Atomic 
Energy Agency (in this section referred to as the ‘‘IAEA’’) has 
in successive reports (GOV/2012/37 and GOV/2011/65) identified 
possible military dimensions of Iran’s nuclear program. 
(4) The Government of Iran continues to defy the require-
ments and obligations contained in relevant IAEA Board of 
Governors and United Nations Security Council resolutions, 
including by continuing and expanding uranium enrichment 
activities in Iran, as reported in IAEA Report GOV/2012/37. 
(5) United Nations Security Council Resolution 1929 (2010) 
recognizes the ‘‘potential connection between Iran’s revenues 
derived from its energy sector and the funding of Iran’s pro-
liferation sensitive nuclear activities’’. 
(6) The National Iranian Tanker Company is the main 
carrier for the Iranian Revolutionary Guard Corps-designated 
National Iranian Oil Company and a key element in the petro-
leum supply chain responsible for generating energy revenues 
that support the illicit nuclear proliferation activities of the 
Government of Iran. 
(b) DESIGNATION OF PORTS AND ENTITIES IN THE ENERGY, SHIP-
PING, AND SHIPBUILDING SECTORS OF IRAN AS ENTITIES OF PRO-
LIFERATION CONCERN.—Entities that operate ports in Iran and enti-
ties in the energy, shipping, and shipbuilding sectors of Iran, 
including the National Iranian Oil Company, the National Iranian 
Tanker Company, the Islamic Republic of Iran Shipping Lines, 
and their affiliates, play an important role in Iran’s nuclear pro-
liferation efforts and all such entities are hereby designated as 
entities of proliferation concern. 
(c) BLOCKING OF PROPERTY OF ENTITIES IN ENERGY, SHIPPING, 
AND SHIPBUILDING SECTORS.— 
(1) BLOCKING OF PROPERTY.— 
Effective date. 
Time period. 
22 USC 8803. 
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126 STAT. 2007 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) IN GENERAL.—On and after the date that is 180 
days after the date of the enactment of this Act, the Presi-
dent shall block and prohibit all transactions in all property 
and interests in property of any person described in para-
graph (2) if such property and interests in property are 
in the United States, come within the United States, or 
are or come within the possession or control of a United 
States person. 
(B) EXCEPTION.—The requirement to block and prohibit 
all transactions in all property and interests in property 
under subparagraph (A) shall not include the authority 
to impose sanctions on the importation of goods. 
(2) PERSONS
DESCRIBED.—A person is described in this 
paragraph if the President determines that the person, on 
or after the date that is 180 days after the date of the enactment 
of this Act— 
(A) is part of the energy, shipping, or shipbuilding 
sectors of Iran; 
(B) operates a port in Iran; or 
(C) knowingly provides significant financial, material, 
technological, or other support to, or goods or services 
in support of any activity or transaction on behalf of or 
for the benefit of— 
(i) a person determined under subparagraph (A) 
to be a part of the energy, shipping, or shipbuilding 
sectors of Iran; 
(ii) a person determined under subparagraph (B) 
to operate a port in Iran; or 
(iii) an Iranian person included on the list of spe-
cially designated nationals and blocked persons main-
tained by the Office of Foreign Assets Control of the 
Department of the Treasury (other than an Iranian 
financial institution described in paragraph (3)). 
(3) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.—An Ira-
nian financial institution described in this paragraph is an 
Iranian financial institution that has not been designated for 
the imposition of sanctions in connection with— 
(A) Iran’s proliferation of weapons of mass destruction 
or delivery systems for weapons of mass destruction; 
(B) Iran’s support for international terrorism; or 
(C) Iran’s abuses of human rights. 
(d) ADDITIONAL SANCTIONS WITH RESPECT
TO
THE ENERGY, 
SHIPPING, AND SHIPBUILDING SECTORS OF IRAN.— 
(1) SALE, SUPPLY, OR TRANSFER OF CERTAIN GOODS AND 
SERVICES.— 
(A) IN GENERAL.—Except as provided in this section, 
the President shall impose 5 or more of the sanctions 
described in section 6(a) of the Iran Sanctions Act of 1996 
(Public Law 104–172; 50 U.S.C. 1701 note) with respect 
to a person if the President determines that the person 
knowingly, on or after the date that is 180 days after 
the date of the enactment of this Act, sells, supplies, or 
transfers to or from Iran goods or services described in 
paragraph (3). 
(B) EXCEPTION.—The requirement to impose sanctions 
under subparagraph (A) shall not include the authority 
to impose sanctions relating to the importation of goods 
Determination. 
Determination. 
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126 STAT. 2008 
PUBLIC LAW 112–239—JAN. 2, 2013 
under paragraph (8)(A) or (12) of section 6(a) of the Iran 
Sanctions Act of 1996, and any sanction relating to the 
importation of goods shall not count for purposes of the 
requirement to impose sanctions under subparagraph (A). 
(2) FACILITATION
OF
CERTAIN
TRANSACTIONS.—Except as 
provided in this section, the President shall prohibit the 
opening, and prohibit or impose strict conditions on the 
maintaining, in the United States of a correspondent account 
or a payable-through account by a foreign financial institution 
that the President determines knowingly, on or after the date 
that is 180 days after the date of the enactment of this Act, 
conducts or facilitates a significant financial transaction for 
the sale, supply, or transfer to or from Iran of goods or services 
described in paragraph (3). 
(3) GOODS AND SERVICES DESCRIBED.—Goods or services 
described in this paragraph are significant goods or services 
used in connection with the energy, shipping, or shipbuilding 
sectors of Iran, including the National Iranian Oil Company, 
the National Iranian Tanker Company, and the Islamic 
Republic of Iran Shipping Lines. 
(e) HUMANITARIAN EXCEPTION.—The President may not impose 
sanctions under this section with respect to any person for con-
ducting or facilitating a transaction for the sale of agricultural 
commodities, food, medicine, or medical devices to Iran or for the 
provision of humanitarian assistance to the people of Iran. 
(f) EXCEPTION FOR AFGHANISTAN RECONSTRUCTION.—The Presi-
dent may provide for an exception from the imposition of sanctions 
under this section for reconstruction assistance or economic develop-
ment for Afghanistan— 
(1) to the extent that the President determines that such 
an exception is in the national interest of the United States; 
and 
(2) if the President submits to the appropriate congressional 
committees a notification of and justification for the exception 
not later than 15 days before issuing the exception. 
(g) APPLICABILITY OF SANCTIONS TO PETROLEUM AND PETRO-
LEUM PRODUCTS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), this 
section shall apply with respect to the purchase of petroleum 
or petroleum products from Iran only if, at the time of the 
purchase, a determination of the President under section 
1245(d)(4)(B) of the National Defense Authorization Act for 
Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that the price and 
supply of petroleum and petroleum products produced in coun-
tries other than Iran is sufficient to permit purchasers of petro-
leum and petroleum products from Iran to reduce significantly 
their purchases from Iran is in effect. 
(2) EXCEPTION FOR CERTAIN COUNTRIES.— 
(A) EXPORTATION.—This section shall not apply with 
respect to the exportation of petroleum or petroleum prod-
ucts from Iran to a country to which the exception under 
section 1245(d)(4)(D)(i) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) 
applies at the time of the exportation of the petroleum 
or petroleum products. 
(B) FINANCIAL TRANSACTIONS.— 
Notification. 
Deadline. 
Determination. 
Effective date. 
Time period. 
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126 STAT. 2009 
PUBLIC LAW 112–239—JAN. 2, 2013 
(i) IN GENERAL.—This section shall not apply with 
respect to a financial transaction described in clause 
(ii) conducted or facilitated by a foreign financial 
institution if, at the time of the transaction, the excep-
tion under section 1245(d)(4)(D)(i) of the National 
Defense Authorization Act for Fiscal Year 2012 (22 
U.S.C. 8513a(d)(4)(D)(i)) applies to the country with 
primary jurisdiction over the foreign financial institu-
tion. 
(ii) FINANCIAL TRANSACTIONS DESCRIBED.—A finan-
cial transaction conducted or facilitated by a foreign 
financial institution is described in this clause if— 
(I) the financial transaction is only for trade 
in goods or services— 
(aa) not otherwise subject to sanctions 
under the law of the United States; and 
(bb) between the country with primary 
jurisdiction over the foreign financial institu-
tion and Iran; and 
(II) any funds owed to Iran as a result of 
such trade are credited to an account located in 
the country with primary jurisdiction over the for-
eign financial institution. 
(h) APPLICABILITY OF SANCTIONS TO NATURAL GAS.— 
(1) SALE, SUPPLY, OR TRANSFER.—Except as provided in 
paragraph (2), this section shall not apply to the sale, supply, 
or transfer to or from Iran of natural gas. 
(2) FINANCIAL TRANSACTIONS.—This section shall apply to 
a foreign financial institution that conducts or facilitates a 
financial transaction for the sale, supply, or transfer to or 
from Iran of natural gas unless— 
(A) the financial transaction is only for trade in goods 
or services— 
(i) not otherwise subject to sanctions under the 
law of the United States; and 
(ii) between the country with primary jurisdiction 
over the foreign financial institution and Iran; and 
(B) any funds owed to Iran as a result of such trade 
are credited to an account located in the country with 
primary jurisdiction over the foreign financial institution. 
(i) WAIVER.— 
(1) IN GENERAL.—The President may waive the imposition 
of sanctions under this section for a period of not more than 
180 days, and may renew that waiver for additional periods 
of not more than 180 days, if the President— 
(A) determines that such a waiver is vital to the 
national security of the United States; and 
(B) submits to the appropriate congressional commit-
tees a report providing a justification for the waiver. 
(2) FORM OF REPORT.—Each report submitted under para-
graph (1)(B) shall be submitted in unclassified form, but may 
include a classified annex. 
SEC. 1245. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, 
SUPPLY, OR TRANSFER OF CERTAIN MATERIALS TO OR 
FROM IRAN. 
(a) SALE, SUPPLY, OR TRANSFER OF CERTAIN MATERIALS.— 
22 USC 8804. 
Reports. 
Determination. 
Time periods. 
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126 STAT. 2010 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) IN GENERAL.—The President shall impose 5 or more 
of the sanctions described in section 6(a) of the Iran Sanctions 
Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) with 
respect to a person if the President determines that the person 
knowingly, on or after the date that is 180 days after the 
date of the enactment of this Act, sells, supplies, or transfers, 
directly or indirectly, to or from Iran— 
(A) a precious metal; 
(B) a material described in subsection (d) determined 
pursuant to subsection (e)(1) to be used by Iran as described 
in that subsection; 
(C) any other material described in subsection (d) if— 
(i) the material is— 
(I) to be used in connection with the energy, 
shipping, or shipbuilding sectors of Iran or any 
sector of the economy of Iran determined pursuant 
to subsection (e)(2) to be controlled directly or 
indirectly by Iran’s Revolutionary Guard Corps; 
(II) sold, supplied, or transferred to or from 
an Iranian person included on the list of specially 
designated nationals and blocked persons main-
tained by the Office of Foreign Assets Control of 
the Department of the Treasury (other than an 
Iranian financial institution described in sub-
section (b)); or 
(III) determined pursuant to subsection (e)(3) 
to be used in connection with the nuclear, military, 
or ballistic missile programs of Iran; or 
(ii) the material is resold, retransferred, or other-
wise supplied— 
(I) to an end-user in a sector described in 
subclause (I) of clause (i); 
(II) to a person described in subclause (II) 
of that clause; or 
(III) for a program described in subclause (III) 
of that clause. 
(2) EXCEPTION.—The requirement to impose sanctions 
under paragraph (1) shall not include the authority to impose 
sanctions relating to the importation of goods under paragraph 
(8)(A) or (12) of section 6(a) of the Iran Sanctions Act of 1996, 
and any sanction relating to the importation of goods shall 
not count for purposes of the requirement to impose sanctions 
under paragraph (1). 
(b) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.—An Iranian 
financial institution described in this subsection is an Iranian finan-
cial institution that has not been designated for the imposition 
of sanctions in connection with— 
(1) Iran’s proliferation of weapons of mass destruction or 
delivery systems for weapons of mass destruction; 
(2) Iran’s support for international terrorism; or 
(3) Iran’s abuses of human rights. 
(c) FACILITATION OF CERTAIN TRANSACTIONS.—The President 
shall prohibit the opening, and prohibit or impose strict conditions 
on the maintaining, in the United States of a correspondent account 
or a payable-through account by a foreign financial institution 
that the President determines knowingly, on or after the date 
that is 180 days after the date of the enactment of this Act, 
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126 STAT. 2011 
PUBLIC LAW 112–239—JAN. 2, 2013 
conducts or facilitates a significant financial transaction for the 
sale, supply, or transfer to or from Iran of materials the sale, 
supply, or transfer of which would subject a person to sanctions 
under subsection (a). 
(d) MATERIALS DESCRIBED.—Materials described in this sub-
section are graphite, raw or semi-finished metals such as aluminum 
and steel, coal, and software for integrating industrial processes. 
(e) DETERMINATION WITH RESPECT TO USE OF MATERIALS.— 
Not later than 180 days after the date of the enactment of this 
Act, and every 180 days thereafter, the President shall submit 
to the appropriate congressional committees and publish in the 
Federal Register a report that contains the determination of the 
President with respect to— 
(1) whether Iran is— 
(A) using any of the materials described in subsection 
(d) as a medium for barter, swap, or any other exchange 
or transaction; or 
(B) listing any of such materials as assets of the 
Government of Iran for purposes of the national balance 
sheet of Iran; 
(2) which sectors of the economy of Iran are controlled 
directly or indirectly by Iran’s Revolutionary Guard Corps; and 
(3) which of the materials described in subsection (d) are 
used in connection with the nuclear, military, or ballistic missile 
programs of Iran. 
(f) EXCEPTION FOR PERSONS EXERCISING DUE DILIGENCE.—The 
President may not impose sanctions under subsection (a) or (c) 
with respect to a person if the President determines that the person 
has exercised due diligence in establishing and enforcing official 
policies, procedures, and controls to ensure that the person does 
not sell, supply, or transfer to or from Iran materials the sale, 
supply, or transfer of which would subject a person to sanctions 
under subsection (a) or conduct or facilitate a financial transaction 
for such a sale, supply, or transfer. 
(g) WAIVER.— 
(1) IN GENERAL.—The President may waive the imposition 
of sanctions under this section for a period of not more than 
180 days, and may renew that waiver for additional periods 
of not more than 180 days, if the President— 
(A) determines that such a waiver is vital to the 
national security of the United States; and 
(B) submits to the appropriate congressional commit-
tees a report providing a justification for the waiver. 
(2) FORM OF REPORT.—Each report submitted under para-
graph (1)(B) shall be submitted in unclassified form, but may 
include a classified annex. 
(h) NATIONAL BALANCE SHEET OF IRAN DEFINED.—For purposes 
of this section, the term ‘‘national balance sheet of Iran’’ refers 
to the ratio of the assets of the Government of Iran to the liabilities 
of that Government. 
SEC. 1246. IMPOSITION OF SANCTIONS WITH RESPECT TO THE PROVI-
SION OF UNDERWRITING SERVICES OR INSURANCE OR 
REINSURANCE 
FOR 
ACTIVITIES 
OR 
PERSONS 
WITH 
RESPECT TO WHICH SANCTIONS HAVE BEEN IMPOSED. 
(a) IMPOSITION OF SANCTIONS.— 
22 USC 8805. 
Reports. 
Determination. 
Time periods. 
Determination. 
Deadlines. 
Federal Register, 
publication. 
Reports. 
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126 STAT. 2012 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) IN GENERAL.—Except as provided in this section, the 
President shall impose 5 or more of the sanctions described 
in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 
104–172; 50 U.S.C. 1701 note) with respect to a person if 
the President determines that the person knowingly, on or 
after the date that is 180 days after the date of the enactment 
of this Act, provides underwriting services or insurance or 
reinsurance— 
(A) for any activity with respect to Iran for which 
sanctions have been imposed under this subtitle, the Inter-
national Emergency Economic Powers Act (50 U.S.C. 1701 
et seq.), the Iran Sanctions Act of 1996, the Comprehensive 
Iran Sanctions, Accountability, and Divestment Act of 2010 
(22 U.S.C. 8501 et seq.), the Iran Threat Reduction and 
Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.), 
the Iran, North Korea, and Syria Nonproliferation Act 
(Public Law 106–178; 50 U.S.C. 1701 note), or any other 
provision of law relating to the imposition of sanctions 
with respect to Iran; 
(B) to or for any person— 
(i) with respect to, or for the benefit of any activity 
in the energy, shipping, or shipbuilding sectors of Iran 
for which sanctions are imposed under this subtitle; 
(ii) for the sale, supply, or transfer to or from 
Iran of materials described in section 1245(d) for which 
sanctions are imposed under this subtitle; or 
(iii) designated for the imposition of sanctions 
pursuant to the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.) in connection 
with— 
(I) Iran’s proliferation of weapons of mass 
destruction or delivery systems for weapons of 
mass destruction; or 
(II) Iran’s support for international terrorism; 
or 
(C) to or for any Iranian person included on the list 
of specially designated nationals and blocked persons main-
tained by the Office of Foreign Assets Control of the Depart-
ment of the Treasury (other than an Iranian financial 
institution described in subsection (b)). 
(2) EXCEPTION.—The requirement to impose sanctions 
under paragraph (1) shall not include the authority to impose 
sanctions relating to the importation of goods under paragraph 
(8)(A) or (12) of section 6(a) of the Iran Sanctions Act of 1996, 
and any sanction relating to the importation of goods shall 
not count for purposes of the requirement to impose sanctions 
under paragraph (1). 
(b) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.—An Iranian 
financial institution described in this subsection is an Iranian finan-
cial institution that has not been designated for the imposition 
of sanctions in connection with— 
(1) Iran’s proliferation of weapons of mass destruction or 
delivery systems for weapons of mass destruction; 
(2) Iran’s support for international terrorism; or 
(3) Iran’s abuses of human rights. 
(c) HUMANITARIAN EXCEPTION.—The President may not impose 
sanctions under subsection (a) for the provision of underwriting 
Determination. 
Effective date. 
Time period. 
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126 STAT. 2013 
PUBLIC LAW 112–239—JAN. 2, 2013 
services or insurance or reinsurance for a transaction for the sale 
of agricultural commodities, food, medicine, or medical devices to 
Iran or for the provision of humanitarian assistance to the people 
of Iran. 
(d) EXCEPTION FOR UNDERWRITERS AND INSURANCE PROVIDERS 
EXERCISING DUE DILIGENCE.—The President may not impose sanc-
tions under subparagraph (A) or (C) or clause (i) or (ii) of subpara-
graph (B) of subsection (a)(1) with respect to a person that provides 
underwriting services or insurance or reinsurance if the President 
determines that the person has exercised due diligence in estab-
lishing and enforcing official policies, procedures, and controls to 
ensure that the person does not underwrite or enter into a contract 
to provide insurance or reinsurance for an activity described in 
subparagraph (A) of that subsection or to or for any person described 
in subparagraph (C) or clause (i) or (ii) of subparagraph (B) of 
that subsection. 
(e) WAIVER.— 
(1) IN GENERAL.—The President may waive the imposition 
of sanctions under subsection (a) for a period of not more 
than 180 days, and may renew that waiver for additional 
periods of not more than 180 days, if the President— 
(A) determines that such a waiver is vital to the 
national security of the United States; and 
(B) submits to the appropriate congressional commit-
tees a report providing a justification for the waiver. 
(2) FORM OF REPORT.—Each report submitted under para-
graph (1)(B) shall be submitted in unclassified form, but may 
include a classified annex. 
SEC. 1247. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
FINANCIAL INSTITUTIONS THAT FACILITATE FINANCIAL 
TRANSACTIONS ON BEHALF OF SPECIALLY DESIGNATED 
NATIONALS. 
(a) IN GENERAL.—Except as provided in this section, the Presi-
dent shall prohibit the opening, and prohibit or impose strict condi-
tions on the maintaining, in the United States of a correspondent 
account or a payable-through account by a foreign financial institu-
tion that the President determines has, on or after the date that 
is 180 days after the date of the enactment of this Act, knowingly 
facilitated a significant financial transaction on behalf of any Ira-
nian person included on the list of specially designated nationals 
and blocked persons maintained by the Office of Foreign Assets 
Control of the Department of the Treasury (other than an Iranian 
financial institution described in subsection (b)). 
(b) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.—An Iranian 
financial institution described in this subsection is an Iranian finan-
cial institution that has not been designated for the imposition 
of sanctions in connection with— 
(1) Iran’s proliferation of weapons of mass destruction or 
delivery systems for weapons of mass destruction; 
(2) Iran’s support for international terrorism; or 
(3) Iran’s abuses of human rights. 
(c) HUMANITARIAN EXCEPTION.—The President may not impose 
sanctions under subsection (a) with respect to any person for con-
ducting or facilitating a transaction for the sale of agricultural 
commodities, food, medicine, or medical devices to Iran or for the 
provision of humanitarian assistance to the people of Iran. 
Determination. 
Effective date. 
Time period. 
22 USC 8806. 
Reports. 
Determination. 
Time periods. 
Determination. 
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126 STAT. 2014 
PUBLIC LAW 112–239—JAN. 2, 2013 
(d) APPLICABILITY OF SANCTIONS TO PETROLEUM AND PETRO-
LEUM PRODUCTS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), sub-
section (a) shall apply with respect to a financial transaction 
for the purchase of petroleum or petroleum products from Iran 
only if, at the time of the transaction, a determination of 
the President under section 1245(d)(4)(B) of the National 
Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 
8513a(d)(4)(B)) that the price and supply of petroleum and 
petroleum products produced in countries other than Iran is 
sufficient to permit purchasers of petroleum and petroleum 
products from Iran to reduce significantly their purchases from 
Iran is in effect. 
(2) EXCEPTION FOR CERTAIN COUNTRIES.— 
(A) IN GENERAL.—Subsection (a) shall not apply with 
respect to a financial transaction described in subparagraph 
(B) conducted or facilitated by a foreign financial institution 
if, at the time of the transaction, the exception under 
section 1245(d)(4)(D)(i) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) 
applies to the country with primary jurisdiction over the 
foreign financial institution. 
(B) FINANCIAL TRANSACTIONS DESCRIBED.—A financial 
transaction conducted or facilitated by a foreign financial 
institution is described in this subparagraph if— 
(i) the financial transaction is only for trade in 
goods or services— 
(I) not otherwise subject to sanctions under 
the law of the United States; and 
(II) between the country with primary jurisdic-
tion over the foreign financial institution and Iran; 
and 
(ii) any funds owed to Iran as a result of such 
trade are credited to an account located in the country 
with primary jurisdiction over the foreign financial 
institution. 
(e) APPLICABILITY OF SANCTIONS TO NATURAL GAS.—Subsection 
(a) shall apply to a foreign financial institution that conducts or 
facilitates a financial transaction for the sale, supply, or transfer 
to or from Iran of natural gas unless— 
(1) the financial transaction is only for trade in goods 
or services— 
(A) not otherwise subject to sanctions under the law 
of the United States; and 
(B) between the country with primary jurisdiction over 
the foreign financial institution and Iran; and 
(2) any funds owed to Iran as a result of such trade are 
credited to an account located in the country with primary 
jurisdiction over the foreign financial institution. 
(f) WAIVER.— 
(1) IN GENERAL.—The President may waive the imposition 
of sanctions under subsection (a) for a period of not more 
than 180 days, and may renew that waiver for additional 
periods of not more than 180 days, if the President— 
(A) determines that such a waiver is vital to the 
national security of the United States; and 
Determination. 
Time periods. 
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126 STAT. 2015 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) submits to the appropriate congressional commit-
tees a report providing a justification for the waiver. 
(2) FORM OF REPORT.—Each report submitted under para-
graph (1)(B) shall be submitted in unclassified form, but may 
include a classified annex. 
SEC. 1248. IMPOSITIONS OF SANCTIONS WITH RESPECT TO THE 
ISLAMIC REPUBLIC OF IRAN BROADCASTING. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Islamic Republic of Iran Broadcasting has contrib-
uted to the infringement of individuals’ human rights by broad-
casting forced televised confession and show trials. 
(2) In March 2012, the European Council imposed sanctions 
on the President of the Islamic Republic of Iran Broadcasting, 
Ezzatollah Zargami, for broadcasting forced confessions of 
detainees and a series of ‘‘show trials’’ in August 2009 and 
December 2011 that constituted a clear violation of inter-
national law with respect to the right to a fair trial and due 
process. 
(b) IMPOSITION OF SANCTIONS.— 
(1) IN GENERAL.—The President shall, after the date of 
the enactment of this Act— 
(A) impose sanctions described in section 105(c) of the 
Comprehensive Iran Sanctions, Accountability, and Divest-
ment Act of 2010 (22 U.S.C. 8514(c)) with respect to the 
Islamic Republic of Iran Broadcasting and the President 
of the Islamic Republic of Iran Broadcasting, Ezzatollah 
Zargami; and 
(B) include the Islamic Republic of Iran Broadcasting 
and the President of the Islamic Republic of Iran Broad-
casting, Ezzatollah Zargami, on the list of specially des-
ignated nationals and blocked persons maintained by the 
Office of Foreign Assets Control of the Department of the 
Treasury. 
(2) EXCEPTION.—The requirement to impose sanctions 
under paragraph (1)(A) shall not include the authority to impose 
sanctions on the importation of goods. 
(3) APPLICATION OF CERTAIN PROVISIONS.—Sections 105(d) 
and 401(b) of the Comprehensive Iran Sanctions, Account-
ability, and Divestment Act of 2010 (22 U.S.C. 8514(d) and 
8551(b)) shall apply with respect to sanctions imposed under 
paragraph (1)(A) to the same extent that such sections apply 
with respect to the imposition of sanctions under section 105(a) 
of that Act (22 U.S.C. 8514(a)). 
SEC. 1249. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 
ENGAGED IN THE DIVERSION OF GOODS INTENDED FOR 
THE PEOPLE OF IRAN. 
(a) IN GENERAL.—Title I of the Comprehensive Iran Sanctions, 
Accountability, and Divestment Act of 2010 (22 U.S.C. 8511 et 
seq.) is amended by inserting after section 105B the following: 
‘‘SEC. 105C. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 
ENGAGED IN THE DIVERSION OF GOODS INTENDED FOR 
THE PEOPLE OF IRAN. 
‘‘(a) IMPOSITION OF SANCTIONS.— 
22 USC 8514c. 
Ezzatollah 
Zargami. 
22 USC 8807. 
Reports. 
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126 STAT. 2016 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(1) IN GENERAL.—The President shall impose sanctions 
described in section 105(c) with respect to each person on 
the list required by subsection (b). 
‘‘(2) EXCEPTION.—The requirement to impose sanctions 
under paragraph (1) shall not include the authority to impose 
sanctions on the importation of goods. 
‘‘(b) LIST OF PERSONS WHO ENGAGE IN DIVERSION.— 
‘‘(1) IN GENERAL.—As relevant information becomes avail-
able, the President shall submit to the appropriate congres-
sional committees a list of persons that the President deter-
mines have, on or after the date of the enactment of the 
Iran Freedom and Counter-Proliferation Act of 2012, engaged 
in corruption or other activities relating to— 
‘‘(A) the diversion of goods, including agricultural 
commodities, food, medicine, and medical devices, intended 
for the people of Iran; or 
‘‘(B) the misappropriation of proceeds from the sale 
or resale of such goods. 
‘‘(2) FORM OF REPORT; PUBLIC AVAILABILITY.— 
‘‘(A) FORM.—The list required by paragraph (1) shall 
be submitted in unclassified form but may contain a classi-
fied annex. 
‘‘(B) PUBLIC AVAILABILITY.—The unclassified portion of 
the list required by paragraph (1) shall be made available 
to the public and posted on the websites of the Department 
of the Treasury and the Department of State. 
‘‘(c) GOOD DEFINED.—In this section, the term ‘good’ has the 
meaning given that term in section 1242(a) of the Iran Freedom 
and Counter-Proliferation Act of 2012.’’. 
(b) WAIVER.—Section 401(b)(1) of the Comprehensive Iran Sanc-
tions, Accountability, and Divestment Act of 2010 (22 U.S.C. 
8551(b)(1)) is amended— 
(1) by striking ‘‘or 105B(a)’’ and inserting ‘‘105B(a), or 
105C(a)’’; and 
(2) by striking ‘‘or 105B(b)’’ and inserting ‘‘105B(b), or 
105C(b)’’. 
(c) CLERICAL AMENDMENT.—The table of contents for the Com-
prehensive Iran Sanctions, Accountability, and Divestment Act of 
2010 is amended by inserting after the item relating to section 
105B the following: 
‘‘Sec. 105C. Imposition of sanctions with respect to persons engaged in the diver-
sion of goods intended for the people of Iran.’’. 
SEC. 1250. WAIVER REQUIREMENT RELATED TO EXCEPTIONAL CIR-
CUMSTANCES PREVENTING SIGNIFICANT REDUCTIONS IN 
CRUDE OIL PURCHASES. 
Section 1245(d)(5)(B) of the National Defense Authorization 
Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(5)(B)) is amended— 
(1) in clause (i), by striking ‘‘; and’’ and inserting a semi-
colon; 
(2) by redesignating clause (ii) as clause (iii); and 
(3) by inserting after clause (i) the following new clause: 
‘‘(ii) certifying that the country with primary juris-
diction over the foreign financial institution otherwise 
subject 
to 
the 
sanctions 
faced 
exceptional 
cir-
cumstances that prevented the country from being able 
Web posting. 
Determination. 
Effective date. 
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126 STAT. 2017 
PUBLIC LAW 112–239—JAN. 2, 2013 
to reduce significantly its purchases of petroleum and 
petroleum products from Iran; and’’. 
SEC. 1251. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS REGARDING 
TERRORIST ACTS. 
(a) IN GENERAL.—Section 2335 of title 18, United States Code, 
is amended— 
(1) in subsection (a), by striking ‘‘4 years’’ and inserting 
‘‘10 years’’; and 
(2) in subsection (b), by striking ‘‘4-year period’’ and 
inserting ‘‘10-year period’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall apply to any civil action arising under section 2333 of title 
18, United States Code, that is pending on, or commenced on 
or after, the date of the enactment of this Act. 
(c) SPECIAL RULE RELATING
TO CERTAIN ACTS
OF INTER-
NATIONAL TERRORISM.—Notwithstanding section 2335 of title 18, 
United States Code, as amended by subsection (a), a civil action 
under section 2333 of such title resulting from an act of inter-
national terrorism that occurred on or after September 11, 2001, 
and before the date that is 4 years before the date of the enactment 
of this Act, may be maintained if the civil action is commenced 
during the 6-year period beginning on such date of enactment. 
SEC. 1252. REPORT ON USE OF CERTAIN IRANIAN SEAPORTS BY FOR-
EIGN VESSELS AND USE OF FOREIGN AIRPORTS BY SANC-
TIONED IRANIAN AIR CARRIERS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, and annually thereafter through 2016, 
the President shall submit to the appropriate congressional commit-
tees a report that contains— 
(1) a list of large or otherwise significant vessels that 
have entered seaports in Iran controlled by the Tidewater 
Middle East Company during the period specified in subsection 
(b) and the owners and operators of those vessels; and 
(2) a list of all airports at which aircraft owned or controlled 
by an Iranian air carrier on which sanctions have been imposed 
by the United States have landed during the period specified 
in subsection (b). 
(b) PERIOD SPECIFIED.—The period specified in this subsection 
is— 
(1) in the case of the first report submitted under subsection 
(a), the 180-day period preceding the submission of the report; 
and 
(2) in the case of any subsequent report submitted under 
that subsection, the year preceding the submission of the report. 
(c) FORM OF REPORT.—Each report required by subsection (a) 
shall be submitted in unclassified form, but may include a classified 
annex. 
SEC. 1253. IMPLEMENTATION; PENALTIES. 
(a) IMPLEMENTATION.—The President may exercise all authori-
ties provided under sections 203 and 205 of the International Emer-
gency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry 
out this subtitle. 
(b) PENALTIES.—The penalties provided for in subsections (b) 
and (c) of section 206 of the International Emergency Economic 
Powers Act (50 U.S. C. 1705) shall apply to a person that violates, 
Applicability. 
22 USC 8809. 
22 USC 8808. 
Time period. 
18 USC 2335 
note. 
Applicability. 
18 USC 2335 
note. 
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126 STAT. 2018 
PUBLIC LAW 112–239—JAN. 2, 2013 
attempts to violate, conspires to violate, or causes a violation of 
this subtitle or regulations prescribed under this subtitle to the 
same extent that such penalties apply to a person that commits 
an unlawful act described in section 206(a) of that Act. 
(c) APPLICATION OF CERTAIN PROVISIONS OF IRAN SANCTIONS 
ACT OF 1996.—The following provisions of the Iran Sanctions Act 
of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) shall apply 
with respect to the imposition of sanctions under sections 1244(d), 
1245(a), and 1246(a) to the same extent that such provisions apply 
with respect to the imposition of sanctions under section 5(a) of 
the Iran Sanctions Act of 1996, and, as appropriate, instead of 
sections 1244(i), 1245(g), and 1246(e) of this Act: 
(1) Paragraphs (1)(A), (2)(A), and (2)(B)(i) of section 4(c). 
(2) Subsections (c), (d), and (f) of section 5. 
(3) Section 8. 
(4) Section 11. 
(5) Section 12. 
(6) Section 13(b). 
SEC. 1254. APPLICABILITY TO CERTAIN NATURAL GAS PROJECTS. 
Nothing in this subtitle or the amendments made by this sub-
title shall apply with respect to any activity relating to a project 
described in subsection (a) of section 603 of the Iran Threat Reduc-
tion and Syria Human Rights Act of 2012 (22 U.S.C. 8783) to 
which the exception under that section applies at the time of the 
activity. 
SEC. 1255. RULE OF CONSTRUCTION. 
Nothing in this subtitle or the amendments made by this sub-
title shall be construed to limit sanctions imposed with respect 
to Iran under any other provision of law or to limit the authority 
of the President to impose additional sanctions with respect to 
Iran. 
Subtitle E—Satellites and Related Items 
SEC. 1261. REMOVAL OF SATELLITES AND RELATED ITEMS FROM THE 
UNITED STATES MUNITIONS LIST. 
(a) REPEAL.— 
(1) IN
GENERAL.—Section 1513 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105–261; 112 Stat. 2174; 22 U.S.C. 2778 note) is amended 
by striking subsection (a). 
(2) CONFORMING AMENDMENT.—Subsection (c) of such sec-
tion is amended by striking ‘‘(1) Subsection (a)’’ and all that 
follows through ‘‘(2) The amendments’’ and inserting ‘‘The 
amendments’’. 
(b) ADDITIONAL DETERMINATION AND REPORT.—Accompanying 
but separate from the submission to Congress of the first notifica-
tion after the date of the enactment of this Act under section 
38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)) relating 
to the removal of satellites and related items from the United 
States Munitions List, the President shall also submit to Congress— 
(1) a determination by the President that the removal 
of such satellites and items from the United States Munitions 
List is in the national security interests of the United States; 
and 
President. 
22 USC 8811. 
22 USC 8810. 
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126 STAT. 2019 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) a report identifying and analyzing any differences 
between— 
(A) the recommendations and draft regulations for 
controlling the export, re-export, and transfer of such sat-
ellites and related items that were submitted in the report 
to Congress required by section 1248 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2546); and 
(B) the final regulations under which the export, re- 
export, and transfer of such satellites and related items 
would continue to be controlled. 
(c) PROHIBITION.— 
(1) IN GENERAL.—Subject to paragraph (3), no satellites 
or related items that are made subject to the Export Adminis-
tration Regulations (15 CFR part 730 et seq.) as a result 
of the enactment of subsection (a) of this section, whether 
or not enumerated on the Commerce Control List— 
(A) may be exported, re-exported, or transferred, 
directly or indirectly, to— 
(i) any government of a country described in para-
graph (2); or 
(ii) any entity or person in or acting for or on 
behalf of such government, entity, or person; or 
(B) may be launched in a country described in para-
graph (2) or as part of a launch vehicle owned, operated, 
or manufactured by the government of such country or 
any entity or person in or acting for or on behalf of such 
government, entity, or person. 
(2) COUNTRIES DESCRIBED.—The countries referred to in 
paragraph (1) are the following: 
(A) The People’s Republic of China. 
(B) North Korea. 
(C) Any country that is a state sponsor of terrorism. 
(3) WAIVER.—The President may waive the prohibition in 
paragraph (1) on a case-by-case basis if not later than 30 
days before doing so the President— 
(A) determines that it is in the national interest of 
the United States to do so; and 
(B) notifies the appropriate congressional committees 
of such determination. 
(d) PRESUMPTION OF DENIAL.—Any license or other authoriza-
tion to export satellites and related items to a country with respect 
to which the United States maintains a comprehensive arms 
embargo shall be subject to a presumption of denial. 
(e) REPORT.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, and annually thereafter, the 
Director of National Intelligence, in consultation with the Sec-
retary of State, shall submit to the appropriate congressional 
committees a report on efforts of state sponsors of terrorism, 
other foreign countries, or entities to illicitly acquire satellites 
and related items. 
(2) FORM.—The report required by paragraph (1) shall be 
submitted in unclassified form, but may contain a classified 
annex. 
Consultation. 
Notification. 
Determination. 
President. 
Deadline. 
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126 STAT. 2020 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1262. REPORT ON LICENSES AND OTHER AUTHORIZATIONS TO 
EXPORT CERTAIN SATELLITES AND RELATED ITEMS. 
(a) IN GENERAL.—Not later than 60 days after the end of 
each calendar year through 2020, the President shall submit to 
the committees of Congress specified in subsection (b) a report 
summarizing all licenses and other authorizations to export sat-
ellites and related items that are subject to the Export Administra-
tion Regulations (15 CFR part 730 et seq.) as a result of the 
enactment of section 1261(a). 
(b) COMMITTEES OF CONGRESS SPECIFIED.—The committees of 
Congress specified in this subsection are— 
(1) the Committee on Foreign Relations, the Committee 
on Banking, Housing, and Urban Affairs, and the Select Com-
mittee on Intelligence of the Senate; and 
(2) the Committee on Foreign Affairs and the Permanent 
Select Committee on Intelligence of the House of Representa-
tives. 
SEC. 1263. REPORT ON COUNTRY EXEMPTIONS FOR LICENSING OF 
EXPORTS OF CERTAIN SATELLITES AND RELATED ITEMS. 
(a) IN GENERAL.—Not later than 120 days after the date of 
the enactment of this Act, the Secretary of Commerce, in consulta-
tion with the Attorney General, the Secretary of Homeland Security, 
and the heads of other Federal departments and agencies as appro-
priate, shall submit to the appropriate congressional committees 
a report that contains an assessment of the extent to which the 
terms and conditions of exemptions for foreign countries to the 
licensing requirements and other authorizations to export satellites 
and related items that are subject to the Export Administration 
Regulations (15 CFR part 730 et seq.) as a result of the enactment 
of section 1261(a) contain strong safeguards. 
(b) MATTERS TO BE INCLUDED.—The report required by sub-
section (a) shall include a description of the extent to which the 
terms and conditions of exemptions described in subsection (a), 
including other relevant laws, regulations, and practices, support 
law enforcement efforts to detect, prevent, and prosecute criminal, 
administrative, and other violations of any provision of the Export 
Administration Regulations (15 CFR part 730 et seq.), including 
efforts on the part of state sponsors of terrorism, organizations 
determined by the Secretary of State to have provided support 
for international terrorism, or other foreign countries, to acquire 
illicitly satellites and related items from the United States. 
SEC. 1264. END-USE MONITORING OF CERTAIN SATELLITES AND 
RELATED ITEMS. 
(a) IN GENERAL.—In order to ensure accountability with respect 
to the export of satellites and related items that become subject 
to the Export Administration Regulations (15 CFR part 730 et 
seq.) as a result of the enactment of section 1261(a), the President 
shall provide for the end-use monitoring of such satellites and 
related items. 
(b) REPORT.—Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Commerce, in consultation 
with the heads of other Federal departments and agencies as appro-
priate, shall submit to Congress a report describing the actions 
taken to implement this section, including identification of resource 
Consultation. 
President. 
22 USC 2778 
note. 
Consultation. 
22 USC 2778 
note. 
President. 
22 USC 2778 
note. 
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126 STAT. 2021 
PUBLIC LAW 112–239—JAN. 2, 2013 
shortfalls or other constraints on effective end-use monitoring of 
satellites and related items described in subsection (a). 
SEC. 1265. INTERAGENCY REVIEW OF MODIFICATIONS TO CATEGORY 
XV OF THE UNITED STATES MUNITIONS LIST. 
(a) IN GENERAL.—Subject to section 38(f) of the Arms Export 
Control Act (22 U.S.C. 2778(f)), the President shall ensure that 
the Secretary of State, the Secretary of Defense, the Secretary 
of Commerce and, as appropriate, the Director of National Intel-
ligence and the heads of other appropriate Federal departments 
and agencies, will review any removal or addition of an item to 
Category XV of the United States Munitions List (relating to space-
craft systems and associated equipment). 
(b) EFFECTIVE DATE.—The requirement of subsection (a) shall 
apply with respect to any item described in subsection (a) that 
is proposed to be removed or added to Category XV of the United 
States Munitions List on or after the date of the enactment of 
this Act. 
SEC. 1266. RULES OF CONSTRUCTION. 
(a) IN GENERAL.—Subtitle B of title XV of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105–261; 112 Stat. 2173; 22 U.S.C. 2778 note) shall continue 
to apply to satellites and related items that are subject to the 
Export Administration Regulations (15 CFR part 730 et seq.) as 
a result of the enactment of section 1261(a). 
(b) ADDITIONAL RULE.—Nothing in this subtitle or any amend-
ment made by this subtitle shall be construed as removing or 
limiting the authorities of the President under subsection (a) or 
(b) of section 1514 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 
Stat. 2175; 22 U.S.C. 2778 note) with respect to defense articles 
and defense services that remain subject to the jurisdiction of 
the International Traffic in Arms Regulations. 
SEC. 1267. DEFINITIONS. 
In this subtitle: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Foreign Relations, the Com-
mittee on Banking, Housing, and Urban Affairs, the Com-
mittee on Armed Services, and the Select Committee on 
Intelligence of the Senate; and 
(B) the Committee on Foreign Affairs, the Committee 
on Armed Services, and the Permanent Select Committee 
on Intelligence of the House of Representatives. 
(2) STATE SPONSOR OF TERRORISM.—The term ‘‘state sponsor 
of terrorism’’ means any country the government of which the 
Secretary of State has determined has repeatedly provided 
support for international terrorism pursuant to— 
(A) section 6(j) of the Export Administration Act of 
1979 (50 U.S.C. App. 2405) (as continued in effect under 
the International Emergency Economic Powers Act); 
(B) section 620A of the Foreign Assistance Act of 1961 
(22 U.S.C. 2371); 
(C) section 40 of the Arms Export Control Act (22 
U.S.C. 2780); or 
(D) any other provision of law. 
22 USC 2778 
note. 
22 USC 2778 
note. 
Applicability. 
Applicability. 
President. 
22 USC 2778 
note. 
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126 STAT. 2022 
PUBLIC LAW 112–239—JAN. 2, 2013 
(3) UNITED
STATES
MUNITIONS
LIST.—The term ‘‘United 
States Munitions List’’ means the list referred to in section 
38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)). 
Subtitle F—Other Matters 
SEC. 1271. ADDITIONAL ELEMENTS IN ANNUAL REPORT ON MILITARY 
AND SECURITY DEVELOPMENTS INVOLVING THE PEO-
PLE’S REPUBLIC OF CHINA. 
Section 1202(b) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note) is 
amended— 
(1) by amending paragraph (9) to read as follows: 
‘‘(9) Developments in China’s asymmetric capabilities, 
including its strategy and efforts to develop and deploy 
cyberwarfare and electronic warfare capabilities, details on the 
number of malicious cyber incidents originating from China 
against Department of Defense infrastructure, and associated 
activities originating or suspected of originating from China.’’; 
(2) by redesignating paragraphs (10), (11),and (12) as para-
graphs (15), (16), and (17) respectively; 
(3) by inserting after paragraph (9) the following new para-
graphs: 
‘‘(10) The strategy and capabilities of Chinese space and 
counterspace programs, including trends, global and regional 
activities, the involvement of military and civilian organiza-
tions, including state-owned enterprises, academic institutions, 
and commercial entities, and efforts to develop, acquire, or 
gain access to advanced technologies that would enhance Chi-
nese military capabilities. 
‘‘(11) Developments in China’s nuclear program, including 
the size and state of China’s stockpile, its nuclear strategy 
and associated doctrines, its civil and military production capac-
ities, and projections of its future arsenals. 
‘‘(12) A description of China’s anti-access and area denial 
capabilities. 
‘‘(13) A description of China’s command, control, commu-
nications, computers, intelligence, surveillance, and reconnais-
sance modernization program and its applications for China’s 
precision guided weapons. 
‘‘(14) A description of the roles and activities of the People’s 
Liberation Army Navy and those of China’s paramilitary and 
maritime law enforcement vessels, including their response to 
United States naval activities.’’; and 
(4) by adding after paragraph (17), as redesignated by 
paragraph (2) of this section, the following new paragraphs: 
‘‘(18) A description of Chinese military-to-military relation-
ships with other countries, including the size and activity of 
military attache offices around the world and military education 
programs conducted in China for other countries or in other 
countries for the Chinese. 
‘‘(19) A description of any significant sale or transfer of 
military hardware, expertise, and technology to or from the 
People’s Republic of China, including a forecast of possible 
future sales and transfers, a description of the implications 
of those sales and transfers for the security of the United 
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126 STAT. 2023 
PUBLIC LAW 112–239—JAN. 2, 2013 
States and its partners and allies in Asia, and a description 
of any significant assistance to and from any selling state 
with military-related research and development programs in 
China.’’. 
SEC. 1272. NATO SPECIAL OPERATIONS HEADQUARTERS. 
(a) IN GENERAL.—Subsection (a) of section 1244 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2541), as amended by section 1242 of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111–383; 124 Stat. 4405), is further amended— 
(1) by striking ‘‘fiscal year 2011’’ and inserting ‘‘each of 
fiscal years 2013, 2014, and 2015’’; 
(2) by striking ‘‘section 301(1)’’ and inserting ‘‘section 301’’; 
and 
(3) by inserting ‘‘for such fiscal year’’ after ‘‘$50,000,000’’. 
(b) ANNUAL REPORT.—Such section, as so amended, is further 
amended by adding at the end the following: 
‘‘(d) ANNUAL REPORT.—Not later than March 1 of each year, 
the Secretary of Defense shall submit to the congressional defense 
committees a report regarding support for the NSHQ. Each report 
shall include the following: 
‘‘(1) The total amount of funding provided by the United 
States and other NATO nations to the NSHQ for operating 
costs of the NSHQ. 
‘‘(2) A description of the activities carried out with such 
funding, including— 
‘‘(A) the amount of funding allocated for each such 
activity; 
‘‘(B) the extent to which other NATO nations partici-
pate in each such activity; 
‘‘(C) the extent to which each such activity is designed 
to meet the purposes set forth in paragraphs (1) through 
(5) of subsection (b); and 
‘‘(D) an assessment of the extent to which each such 
activity will promote the mission of the NSHQ. 
‘‘(3) Other contributions, financial or in kind, provided by 
the United States and other NATO nations in support of the 
NSHQ. 
‘‘(4) Any other matters that the Secretary of Defense con-
siders appropriate.’’. 
SEC. 1273. SUSTAINABILITY REQUIREMENTS FOR CERTAIN CAPITAL 
PROJECTS IN CONNECTION WITH OVERSEAS CONTIN-
GENCY OPERATIONS. 
(a) LIMITATION.— 
(1) IN GENERAL.—Commencing 60 days after the date of 
the enactment of this Act— 
(A) amounts authorized to be appropriated for the 
Department of Defense may not be obligated or expended 
for a capital project described in subsection (b) unless the 
Secretary of Defense, in consultation with the United States 
commander of military operations in the country in which 
the project will be carried out, completes an assessment 
on the necessity and sustainability of the project; 
(B) amounts authorized to be appropriated for the 
Department of State may not be obligated or expended 
for a capital project described in subsection (b) unless the 
Effective date. 
Consultation. 
Assessment. 
22 USC 2421f. 
22 USC 1928 
note. 
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126 STAT. 2024 
PUBLIC LAW 112–239—JAN. 2, 2013 
Secretary of State, in consultation with the Chief of Mission 
in the country in which the project will be carried out, 
completes an assessment on the necessity and sustain-
ability of the project; and 
(C) amounts authorized to be appropriated for the 
United States Agency for International Development may 
not be obligated or expended for a capital project described 
in subsection (b) unless the Administrator of the United 
States Agency for International Development, in consulta-
tion with the Mission Director and the Chief of Mission 
in the country in which the project will be carried out, 
completes an assessment on the necessity and sustain-
ability of the project. 
(2) ELEMENTS.—Each assessment on a capital project under 
this subsection shall include, but not be limited to, the fol-
lowing: 
(A) An estimate of the total cost of the completed 
project to the United States. 
(B) An estimate of the financial and other requirements 
necessary for the host government to sustain the project 
on an annual basis after completion of the project. 
(C) An assessment whether the host government has 
the capacity (in both financial and human resources) to 
maintain and use the project after completion. 
(D) A description of any arrangements for the 
sustainment of the project following its completion if the 
host government lacks the capacity (in financial or human 
resources) to maintain the project. 
(E) An assessment whether the host government has 
requested or expressed its need for the project, and an 
explanation of the decision to proceed with the project 
absent such request or need. 
(F) An assessment by the Secretary of Defense, where 
applicable, of the effect of the project on the military mis-
sion of the United States in the country concerned. 
(b) COVERED CAPITAL PROJECTS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), a 
capital project described in this subsection is any capital project 
overseas for an overseas contingency operation for the benefit 
of a host country and funded by the Department of Defense, 
the Department of State, or the United States Agency for 
International Development, as applicable, if the capital 
project— 
(A) in the case of a project that directly supports 
building the capacity of indigenous security forces in the 
host country, has an estimated value in excess of 
$10,000,000; 
(B) in the case of any project not covered by subpara-
graph (A) that is to be funded by the Department of State 
or the United States Agency for International Development, 
has an estimated value in excess of $5,000,000; or 
(C) in the case of any other project, has an estimated 
value in excess of $2,000,000. 
(2) EXCLUSION.—A capital project described in this sub-
section does not include any project for military construction 
(as that term is defined in section 114(b) of title 10, United 
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126 STAT. 2025 
PUBLIC LAW 112–239—JAN. 2, 2013 
States Code) or a military family housing project under section 
2821 of such title. 
(c) WAIVER.—The Secretary of Defense, the Secretary of State, 
or the Administrator of the United States Agency for International 
Development, as applicable, may waive the limitation in subsection 
(a) in order to initiate a capital project if such Secretary or the 
Administrator, as the case may be, determines that the project 
is in the national security, diplomatic, or humanitarian interests 
of the United States. In the first report submitted under subsection 
(d) after any waiver under this subsection, such Secretary or the 
Administrator shall include a detailed justification of such waiver. 
Not later than 90 days after issuing a waiver under this subsection, 
such Secretary or the Administrator shall submit to the appropriate 
committees of Congress the assessment described in subsection 
(a) with respect to the capital project concerned. 
(d) SEMI-ANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than 30 days after the end 
of any fiscal-year half-year in which the Secretary of Defense, 
the Secretary of State, or the Administrator of the United 
States Agency for International Development conducts an 
assessment under subsection (a), such Secretary or the 
Administrator, as the case may be, shall submit to the appro-
priate committees of Congress a report setting forth each 
assessment so conducted during such fiscal-year half-year, 
including the elements of each capital project so assessed speci-
fied in subsection (a)(2). 
(2) ADDITIONAL ELEMENTS.—In addition to the matters pro-
vided for in paragraph (1), each report under that paragraph 
shall include the following: 
(A) For each capital project covered by such report, 
an evaluation (other than by amount of funds expended) 
of the effectiveness of such project, including, at a min-
imum, the following: 
(i) The stated goals of the project. 
(ii) The actions taken to assess and verify whether 
the project has met the stated goals of the project 
or is on track to meet such goals when completed. 
(iii) The current and anticipated levels of involve-
ment of local governments, communities, and individ-
uals in the project. 
(B) For each country or region in which a capital 
project covered by such report is being carried out, an 
assessment of the current and anticipated risks of corrup-
tion or fraud in connection with such project. 
(3) FORM.—Each report shall be submitted in unclassified 
form, but may include a classified annex. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Relations, the Committee on Homeland Security 
and Governmental Affairs, and the Committee on Appro-
priations of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Foreign Affairs, the Committee on Oversight and 
Government Reform, and the Committee on Appropriations 
of the House of Representatives. 
Determination. 
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126 STAT. 2026 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) The term ‘‘capital project’’ has the meaning given that 
term in section 308 of the Aid, Trade, and Competitiveness 
Act of 1992 (22 U.S.C. 2421e). 
(3) The term ‘‘overseas contingency operation’’ means a 
military operation outside the United States and its territories 
and possessions that is a contingency operation (as that term 
is defined in section 101(a)(13) of title 10, United States Code). 
SEC. 1274. ADMINISTRATION OF THE AMERICAN, BRITISH, CANADIAN, 
AND AUSTRALIAN ARMIES’ PROGRAM. 
(a) AUTHORITY.—As part of the participation by the United 
States in the land-force program known as the American, British, 
Canadian, and Australian Armies’ Program (in this section referred 
to as the ‘‘Program’’), the Secretary of Defense may, with the concur-
rence of the Secretary of State, enter into agreements with the 
other participating countries in accordance with this section, and 
the Program shall be managed pursuant to a joint agreement among 
the participating countries. 
(b) PARTICIPATING
COUNTRIES.—In addition to the United 
States, the countries participating in the Program are the following: 
(1) Australia. 
(2) Canada. 
(3) New Zealand. 
(4) The United Kingdom. 
(c) CONTRIBUTIONS BY PARTICIPANTS.— 
(1) IN GENERAL.—An agreement under subsection (a) shall 
provide that each participating country shall contribute to the 
Program— 
(A) its equitable share of the full cost for the Program, 
including the full cost of overhead and administrative costs 
related to the Program; and 
(B) any amount allocated to it in accordance with the 
agreement for the cost for monetary claims asserted against 
any participating country as a result of participation in 
the Program. 
(2) ADDITIONAL
AUTHORIZED
CONTRIBUTION.—Such an 
agreement shall also provide that each participating country 
(including the United States) may provide its contribution for 
its equitable share under the agreement in funds, in personal 
property, or in services required for the Program (or in any 
combination thereof). 
(3) FUNDING FOR UNITED STATES CONTRIBUTION.—Any con-
tribution by the United States to the Program that is provided 
in funds shall be made from funds available to the Department 
of Defense for operation and maintenance. 
(4) TREATMENT OF CONTRIBUTIONS RECEIVED FROM OTHER 
COUNTRIES.—Any contribution received by the United States 
from another participating country to meet that country’s share 
of the costs of the Program shall be credited to appropriations 
available to the Department of Defense, as determined by the 
Secretary of Defense. The amount of a contribution credited 
to an appropriation account in connection with the Program 
shall be available only for payment of the share of the Program 
expenses allocated to the participating country making the 
contribution. Amounts so credited shall be available for the 
following purposes: 
10 USC 2350a 
note. 
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126 STAT. 2027 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) Payments to contractors and other suppliers 
(including the Department of Defense and participating 
countries acting as suppliers) for necessary goods and serv-
ices of the Program. 
(B) Payments for any damages and costs resulting 
from the performance or cancellation of any contract or 
other obligation in support of the Program. 
(C) Payments for any monetary claim against a partici-
pating country as a result of the participation of that 
country in the Program. 
(D) Payments or reimbursements of other Program 
expenses, including overhead and administrative costs for 
any administrative office for the Program. 
(E) Refunds to other participating countries. 
(5) COSTS OF OPERATION OF OFFICES ESTABLISHED FOR PRO-
GRAM.—Costs for the operation of any office established to 
carry out the Program shall be borne jointly by the participating 
countries as provided for in an agreement referred to in sub-
section (a). 
(d) AUTHORITY TO CONTRACT FOR PROGRAM ACTIVITIES.—As 
part of the participation by the United States in the Program, 
the Secretary of Defense may enter into contracts or incur other 
obligations on behalf of the other participating countries for activi-
ties under the Program. Any payment for such a contract or other 
obligation under this subsection may be paid only from contributions 
credited to an appropriation under subsection (c)(4). 
(e) DISPOSAL OF PROPERTY.—As part of the participation by 
the United States in the Program, the Secretary of Defense may, 
with respect to any property that is jointly acquired by the countries 
participating in the Program, agree to the disposal of the property 
without regard to any law of the United States that is otherwise 
applicable to the disposal of property owned by the United States. 
Such disposal may include the transfer of the interest of the United 
States in the property to one or more of the other participating 
countries or the sale of the property. Reimbursement for the value 
of the property disposed of (including the value of the interest 
of the United States in the property) shall be made in accordance 
with an agreement under subsection (a). 
(f) REPORTS.—Not later than 60 days before the expiration 
date of any agreement under subsection (a), the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the activities, costs, 
and accomplishments of the Program during the five-year period 
ending on the date of such report. 
(g) SUNSET.—Any agreement entered into by the United States 
with another country under subsection (a), and United States 
participation in the joint agreement described in that subsection, 
shall expire not later than five years after the date of the enactment 
of this Act. 
SEC. 1275. UNITED STATES PARTICIPATION IN HEADQUARTERS 
EUROCORPS. 
(a) PARTICIPATION AUTHORIZED.—The Secretary of Defense may, 
with the concurrence of the Secretary of State, authorize the partici-
pation of members of the Armed Forces as members of the staff 
of Headquarters Eurocorps for the purpose of supporting the North 
10 USC 113 note. 
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126 STAT. 2028 
PUBLIC LAW 112–239—JAN. 2, 2013 
Atlantic Treaty Organization (NATO) activities of the NATO Rapid 
Deployable Corps Eurocorps. 
(b) MEMORANDUM OF UNDERSTANDING.— 
(1) REQUIREMENT.—The participation of members of the 
Armed Forces as members of the staff of Headquarters 
Eurocorps shall be in accordance with the terms of one or 
more memoranda of understanding entered into by the Sec-
retary of Defense, with the concurrence of the Secretary of 
State, and Headquarters Eurocorps. 
(2) COST-SHARING
ARRANGEMENTS.—If Department of 
Defense facilities, equipment, or funds are used to support 
Headquarters Eurocorps, the memoranda of understanding 
under paragraph (1) shall provide details of any cost-sharing 
arrangement or other funding arrangement. 
(c) LIMITATION
ON NUMBER
OF MEMBERS PARTICIPATING
AS 
STAFF.—Not more than two members of the Armed Forces may 
participate as members of the staff of Headquarters Eurocorps, 
until the Secretary of Defense submits to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
setting forth the following: 
(1) A certification by the Secretary of Defense that the 
participation of more than two members of the Armed Forces 
in Headquarters Eurocorps is in the national interests of the 
United States. 
(2) A description of the benefits of the participation of 
the additional members proposed by the Secretary. 
(3) A description of the plans for the participation of the 
additional members proposed by the Secretary, including the 
grades and posts to be filled. 
(4) A description of the costs associated with the participa-
tion of the additional members proposed by the Secretary. 
(d) NOTICE ON PARTICIPATION OF NUMBER OF MEMBERS ABOVE 
CERTAIN CEILING.—Not more than 10 members of the Armed Forces 
may participate as members of the staff of Headquarters Eurocorps 
unless the Secretary of Defense submits to the Committees on 
Armed Services of the Senate and the House of Representatives 
a notice that the number of members so participating will exceed 
10 members. 
(e) AVAILABILITY OF APPROPRIATED FUNDS.— 
(1) AVAILABILITY.—Funds appropriated to the Department 
of Defense for operation and maintenance are available as 
follows: 
(A) To pay the United States’ share of the operating 
expenses of Headquarters Eurocorps. 
(B) To pay the costs of the participation of members 
of the Armed Forces participating as members of the staff 
of Headquarters Eurocorps, including the costs of expenses 
of such participants. 
(2) LIMITATION.—No funds may be used under this section 
to fund the pay or salaries of members of the Armed Forces 
who participate as members of the staff of the Headquarters, 
North Atlantic Treaty Organization (NATO) Rapid Deployable 
Corps under this section. 
(f) HEADQUARTERS EUROCORPS DEFINED.—In this section, the 
term ‘‘Headquarters Eurocorps’’ refers to the multinational military 
headquarters, established on October 1, 1993, which is one of the 
Certification. 
Reports. 
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126 STAT. 2029 
PUBLIC LAW 112–239—JAN. 2, 2013 
High Readiness Forces (Land) associated with the Allied Rapid 
Reaction Corps of NATO. 
SEC. 1276. DEPARTMENT OF DEFENSE PARTICIPATION IN EUROPEAN 
PROGRAM 
ON 
MULTILATERAL 
EXCHANGE 
OF 
AIR 
TRANSPORTATION AND AIR REFUELING SERVICES. 
(a) PARTICIPATION AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense may, with the 
concurrence of the Secretary of State, authorize the participa-
tion of the United States in the Air Transport, Air-to-Air 
Refueling and other Exchanges of Services program (in this 
section referred to as the ‘‘ATARES program’’) of the Movement 
Coordination Centre Europe. 
(2) SCOPE OF PARTICIPATION.—Participation in the ATARES 
program under paragraph (1) shall be limited to the reciprocal 
exchange or transfer of air transportation and air refueling 
services on a reimbursable basis or by replacement-in-kind 
or the exchange of air transportation or air refueling services 
of an equal value. 
(3) LIMITATIONS.—The United States’ balance of executed 
flight hours, whether as credits or debits, in participation in 
the ATARES program under paragraph (1) may not exceed 
500 hours. The United States’ balance of executed flight hours 
for air refueling in the ATARES program under paragraph 
(1) may not exceed 200 hours. 
(b) WRITTEN ARRANGEMENT OR AGREEMENT.— 
(1) ARRANGEMENT OR AGREEMENT REQUIRED.—The partici-
pation of the United States in the ATARES program under 
subsection (a) shall be in accordance with a written arrange-
ment or agreement entered into by the Secretary of Defense, 
with the concurrence of the Secretary of State, and the Move-
ment Coordination Centre Europe. 
(2) FUNDING ARRANGEMENTS.—If Department of Defense 
facilities, equipment, or funds are used to support the ATARES 
program, the written arrangement or agreement under para-
graph (1) shall specify the details of any equitable cost sharing 
or other funding arrangement. 
(3) OTHER ELEMENTS.—Any written arrangement or agree-
ment entered into under paragraph (1) shall require that any 
accrued credits and liabilities resulting from an unequal 
exchange or transfer of air transportation or air refueling serv-
ices shall be liquidated, not less than once every five years, 
through the ATARES program. 
(c) IMPLEMENTATION.—In carrying out any written arrangement 
or agreement entered into under subsection (b), the Secretary of 
Defense may— 
(1) pay the United States’ equitable share of the operating 
expenses of the Movement Coordination Centre Europe and 
the ATARES consortium from funds available to the Depart-
ment of Defense for operation and maintenance; and 
(2) assign members of the Armed Forces or Department 
of Defense civilian personnel, from among members and per-
sonnel within billets authorized for the United States European 
Command, to duty at the Movement Coordination Centre 
Europe as necessary to fulfill the United States’ obligations 
under that arrangement or agreement. 
10 USC 2350c 
note. 
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126 STAT. 2030 
PUBLIC LAW 112–239—JAN. 2, 2013 
(d) CREDITING
OF RECEIPTS.—Any amount received by the 
United States in carrying out a written arrangement or agreement 
entered into under subsection (b) shall be credited, as elected by 
the Secretary of Defense, to the following: 
(1) The appropriation, fund, or account used in incurring 
the obligation for which such amount is received. 
(2) An appropriation, fund, or account currently available 
for the purposes for which such obligation was made. 
(e) ANNUAL SECRETARY OF DEFENSE REPORTS.—Not later than 
30 days after the end of each fiscal year in which the authority 
provided by this section is in effect, the Secretary of Defense shall 
submit to the congressional defense committees a report on United 
States participation in the ATARES program during such fiscal 
year. Each report shall include the following: 
(1) The United States balance of executed flight hours 
at the end of the fiscal year covered by such report. 
(2) The types of services exchanged or transferred during 
the fiscal year covered by such report. 
(3) A description of any United States costs under the 
written arrangement or agreement under subsection (b)(1) in 
connection with the use of Department of Defense facilities, 
equipment, or funds to support the ATARES program under 
that subsection as provided by subsection (b)(2). 
(4) A description of the United States’ equitable share 
of the operating expenses of the Movement Coordination Centre 
Europe and the ATARES consortium paid under subsection 
(c)(1). 
(5) A description of any amounts received by the United 
States in carrying out a written arrangement or agreement 
entered into under subsection (b). 
(f) COMPTROLLER GENERAL OF UNITED STATES REPORT.—Not 
later than one year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
congressional defense committees a report on the ATARES program. 
The report shall set forth the assessment of the Comptroller General 
of the program, including the types of services available under 
the program, whether the program is achieving its intended pur-
poses, and, on the basis of actual cost data from the performance 
of the program, the cost-effectiveness of the program. 
(g) EXPIRATION.—The authority provided by this section to 
participate in the ATARES program shall expire five years after 
the date on which the Secretary of Defense first enters into a 
written arrangement or agreement under subsection (b). The Sec-
retary shall publish notice of such date on a public website of 
the Department of Defense. 
SEC. 1277. PROHIBITION ON USE OF FUNDS TO ENTER INTO CON-
TRACTS OR AGREEMENTS WITH ROSOBORONEXPORT. 
(a) PROHIBITION.—None of the funds authorized to be appro-
priated by this Act may be used to enter into a contract, memo-
randum of understanding, or cooperative agreement with, to make 
a grant to, or to provide a loan or loan guarantee to 
Rosoboronexport. 
(b) NATIONAL SECURITY WAIVER AUTHORITY.—The Secretary 
of Defense may waive the applicability of subsection (a) if the 
Secretary determines that such a waiver is in the national security 
interests of the United States. 
Determination. 
Publication. 
Web posting. 
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126 STAT. 2031 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1278. SENSE OF CONGRESS ON IRON DOME SHORT-RANGE 
ROCKET DEFENSE SYSTEM. 
Congress— 
(1) reaffirms its commitment to the security of our ally 
and strategic partner, Israel; 
(2) fully supports Israel’s right to defend itself against 
acts of terrorism; 
(3) sympathizes with the families of Israelis who have 
come under the indiscriminate rocket fire from Hamas-con-
trolled Gaza; 
(4) recognizes the exceptional success of the Iron Dome 
short-range rocket defense system in defending the population 
of Israel; 
(5) desires to help ensure that Israel has the means to 
defend itself against terrorist attacks, including through the 
procurement of additional Iron Dome batteries and interceptors; 
and 
(6) urges the Department of Defense and the Department 
of State to explore with their Israeli counterparts and alert 
Congress of any requirements the Israeli Defense Force may 
have for additional Iron Dome batteries, interceptors, or other 
equipment depleted during the recent conflict with Hamas- 
controlled Gaza. 
SEC. 1279. BILATERAL DEFENSE TRADE RELATIONSHIP WITH INDIA. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall, 
in coordination with the Secretary of State, submit to the 
appropriate committees of Congress a report on the prospects 
for expanding defense trade between the United States and 
India within the context of their bilateral defense relationship. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) An assessment of the policies of the United States 
for enhancing cooperation and coordination between the 
Government of the United States and the Government 
of India on matters of shared security interests. 
(B) A description of the policies of the United States 
for expanding defense trade with India. 
(C) An assessment of the opportunities and challenges 
for expanding security ties between the United States and 
India, including those opportunities and challenges associ-
ated with defense trade relations. 
(D) The findings and conclusions of the comprehensive 
policy review required by subsection (b). 
(b) COMPREHENSIVE POLICY REVIEW.—The Secretary of Defense 
shall, in coordination with the Secretary of State, conduct a com-
prehensive policy review— 
(1) to examine the feasibility of engaging in co-production 
and co-development defense projects with India; and 
(2) to consider potential areas of cooperation to engage 
in co-production and co-development defense projects with India 
that are aligned with United States national security objectives. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term the term ‘‘appropriate committees of Congress’’ 
means— 
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126 STAT. 2032 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives. 
SEC. 1280. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLO-
MACY. 
(a) TECHNICAL AMENDMENT.—Section 604(a)(1) of the United 
States Information and Educational Exchange Act of 1948 (22 
U.S.C. 1469(a)(1)) is amended by inserting ‘‘(referred to in this 
section as the ‘Commission’)’’ before the period at the end. 
(b) DUTIES AND RESPONSIBILITIES.—Section 604(c) of such Act 
is amended to read as follows: 
‘‘(c) DUTIES
AND RESPONSIBILITIES.—The Commission shall 
appraise United States Government activities intended to under-
stand, inform, and influence foreign publics. The activities described 
in this subsection shall be referred to in this section as ‘public 
diplomacy activities’.’’. 
(c) REPORTS.—Section 604(d) of such Act is amended to read 
as follows: 
‘‘(d) REPORTS.— 
‘‘(1) COMPREHENSIVE ANNUAL REPORT.— 
‘‘(A) IN GENERAL.—Not less frequently than annually, 
the Commission shall submit a comprehensive report on 
public diplomacy and international broadcasting activities 
to Congress, the President, and the Secretary of State. 
This report shall include— 
‘‘(i) a detailed list of all public diplomacy activities 
funded by the United States Government; 
‘‘(ii) a description of— 
‘‘(I) the purpose, means, and geographic scope 
of each activity; 
‘‘(II) when each activity was started; 
‘‘(III) the amount of Federal funding expended 
on each activity; 
‘‘(IV) 
any 
significant 
outside 
sources 
of 
funding; and 
‘‘(V) the Federal department or agency to 
which the activity belongs; 
‘‘(iii) the international broadcasting activities 
under the direction of the Broadcasting Board of Gov-
ernors; 
‘‘(iv) an assessment of potentially duplicative 
public diplomacy and international broadcasting activi-
ties; and 
‘‘(v) for any activities determined to be ineffective 
or results not demonstrated under subparagraph (B), 
recommendations on existing effective or moderately 
effective public diplomacy activities that could be aug-
mented to carry out the objectives of the ineffective 
activities. 
‘‘(B) EFFECTIVENESS ASSESSMENT.—In evaluating the 
public diplomacy and international broadcasting activities 
described in subparagraph (A), the Commission shall con-
duct an assessment that considers the public diplomacy 
target impact, the achieved impact, and the cost of public 
diplomacy activities and international broadcasting. The 
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126 STAT. 2033 
PUBLIC LAW 112–239—JAN. 2, 2013 
assessment shall include, if practicable, an appropriate 
metric such as ‘cost-per-audience’ or ‘cost-per-student’ for 
each activity. Upon the completion of the assessment, the 
Commission shall assign a rating of— 
‘‘(i) ‘effective’ for activities that— 
‘‘(I) set appropriate goals and achieve all or 
most of the desired results; 
‘‘(II) are well-managed; and 
‘‘(III) are cost efficient; 
‘‘(ii) ‘moderately effective’ for activities that— 
‘‘(I) set appropriate goals and achieve some 
desired results; 
‘‘(II) are generally well-managed; and 
‘‘(III) need to improve their cost efficiency, 
including reducing overhead; 
‘‘(iii) ‘ineffective’ for activities that— 
‘‘(I) lack appropriate goals or fail to achieve 
stated goals or desired results; 
‘‘(II) are not well-managed; or 
‘‘(III) are not cost efficient, such as through 
insufficient use of available resources to achieve 
stated goals or desired results, or have excessive 
overhead; and 
‘‘(iv) ‘results not demonstrated’ for activities that— 
‘‘(I) do not have acceptable performance public 
diplomacy metrics for measuring results; or 
‘‘(II) are unable or failed to collect data to 
determine if they are effective. 
‘‘(2) OTHER REPORTS.— 
‘‘(A) IN GENERAL.—The Commission shall submit other 
reports, including working papers, to Congress, the Presi-
dent, and the Secretary of State at least semi-annually 
on other activities and policies related to United States 
public diplomacy. 
‘‘(B) AVAILABILITY.—The Commission shall make the 
reports submitted pursuant to subparagraph (A) publicly 
available on the website of the Commission to develop 
a better understanding of, and support for, public diplomacy 
activities. 
‘‘(3) ACCESS TO INFORMATION.—The Secretary of State shall 
ensure that the Commission has access to all appropriate 
information to carry out its duties and responsibilities under 
this subsection.’’. 
(d) REAUTHORIZATION.— 
(1) IN
GENERAL.—Section 1334 of the Foreign Affairs 
Reform and Restructuring Act of 1998 (22 U.S.C. 6553) is 
amended by striking ‘‘October 1, 2010’’ and inserting ‘‘October 
1, 2015’’. 
(2) RETROACTIVITY OF EFFECTIVE DATE.—The amendment 
made by paragraph (1) shall take effect on October 1, 2010. 
(e) FUNDING.—There is authorized to be appropriated such 
sums as may be necessary for the United States Advisory Commis-
sion on Public Diplomacy to carry out section 604 of the United 
States Information and Educational Exchange Act of 1948 (22 
U.S.C. 1469), as amended by this section. 
22 USC 6553 
note. 
Public 
information. 
Web posting. 
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126 STAT. 2034 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1281. SENSE OF CONGRESS ON SALE OF AIRCRAFT TO TAIWAN. 
It is the sense of Congress that— 
(1) the Taiwan Relations Act (Public Law 96–8) codified 
the basis for commercial, cultural, and other relations between 
the people of the United States and the people of Taiwan; 
(2) the Taiwan Relations Act states that ‘‘the United States 
will make available to Taiwan such defense articles and defense 
services in such quantity as may be necessary to enable Taiwan 
to maintain a sufficient self-defense capability’’, and that ‘‘both 
the President and the Congress shall determine the nature 
and quantity of such defense articles and services based solely 
upon their judgment on the needs of Taiwan, in accordance 
with procedures established by law’’; 
(3) the United States, in accordance with the Taiwan Rela-
tions Act, should continue to make available to Taiwan such 
defense articles and services as may be necessary for Taiwan 
to maintain a sufficient self-defense capability; 
(4) notwithstanding the upgrade of Taiwan’s F–16 A/B 
aircraft, Taiwan will experience a growing shortfall in fighter 
aircraft, particularly as its F–5 aircraft are retired from service; 
and 
(5) the President should take steps to address Taiwan’s 
shortfall in fighter aircraft, whether through the sale of F– 
16 C/D aircraft or other aircraft of similar capability, as may 
be necessary to enable Taiwan to maintain a sufficient self- 
defense capability. 
SEC. 1282. BRIEFINGS ON DIALOGUE BETWEEN THE UNITED STATES 
AND THE RUSSIAN FEDERATION ON NUCLEAR ARMS, MIS-
SILE DEFENSE SYSTEMS, AND LONG-RANGE CONVEN-
TIONAL STRIKE SYSTEMS. 
(a) BRIEFINGS.—Not later than 60 days after the date of the 
enactment of this Act, and not less than twice each year thereafter, 
the President, or the President’s designee, shall brief the Committee 
on Foreign Relations and the Committee on Armed Services of 
the Senate on the dialogue between the United States and the 
Russian Federation on issues related to limits or controls on nuclear 
arms, missile defense systems, or long-range conventional strike 
systems. 
(b) SENSE OF CONGRESS ON CERTAIN AGREEMENTS.—It is the 
sense of Congress that any agreement between the United States 
and the Russian Federation related to nuclear arms, missile defense 
systems, or long-range conventional strike systems obligating the 
United States to reduce or limit the Armed Forces or armaments 
of the United States in any militarily significant manner may 
be made only pursuant to the treaty-making power of the President 
as set forth in Article II, section 2, clause 2 of the Constitution 
of the United States. 
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to be inconsistent with or to interfere with the practices, 
precedents, or oversight of the House of Representatives. 
Deadline. 
President. 
22 USC 5951 
note. 
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126 STAT. 2035 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1283. SENSE OF CONGRESS ON EFFORTS TO REMOVE OR 
APPREHEND JOSEPH KONY FROM THE BATTLEFIELD AND 
END THE ATROCITIES OF THE LORD’S RESISTANCE ARMY. 
Consistent with the Lord’s Resistance Army Disarmament and 
Northern Uganda Recovery Act of 2009 (Public Law 111–172), it 
is the sense of the Congress that— 
(1) the ongoing United States advise and assist operation 
to support the regional governments in Africa in their ongoing 
efforts to remove or apprehend Joseph Kony and his top com-
manders from the battlefield and end atrocities perpetuated 
by his Lord’s Resistance Army should continue as appropriate 
to achieve the goals of the operation; 
(2) the Secretary of Defense should provide intelligence, 
surveillance, and reconnaissance assets, as authorized to be 
appropriated by other provisions of this Act, to support the 
ongoing efforts of United States Special Operations Forces to 
advise and assist regional partners as they conduct operations 
against the Lord’s Resistance Army in Central Africa; 
(3) United States and regional African forces should 
increase their operational coordination on efforts to remove 
or apprehend Joseph Kony from the battlefield and end the 
atrocities of the Lord’s Resistance Army; and 
(4) the regional governments should recommit themselves 
to the Regional Cooperation Initiative for the Elimination of 
the Lord’s Resistance Army authorized by the African Union. 
SEC. 1284. IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORT 
FOR THE REBEL GROUP KNOWN AS M23. 
(a) BLOCKING OF ASSETS.— 
(1) IN
GENERAL.—The Secretary of the Treasury shall, 
pursuant to the International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.) or Executive Order 13413 (74 Fed. 
Reg. 64105; relating to blocking property of certain persons 
contributing to the conflict in the Democratic Republic of the 
Congo), block and prohibit all transactions in all property and 
interests in property of a person described in subsection (c) 
if such property and interests in property are in the United 
States, come within the United States, or are or come within 
the possession or control of a United States person. 
(2) EXCEPTION.— 
(A) IN GENERAL.—The requirement to block and pro-
hibit all transactions in all property and interests in prop-
erty under paragraph (1) shall not include the authority 
to impose sanctions on the importation of goods. 
(B) GOOD DEFINED.—In this paragraph, the term ‘‘good’’ 
has the meaning given that term in section 16 of the 
Export Administration Act of 1979 (50 U.S.C. App. 2415) 
(as continued in effect pursuant to the International Emer-
gency Economic Powers Act (50 U.S.C. 1701 et seq.)). 
(b) VISA BAN.—The Secretary of State shall deny a visa to, 
and the Secretary of Homeland Security shall exclude from the 
United States, any alien who is a person described in subsection 
(c). 
(c) PERSONS DESCRIBED.—A person described in this subsection 
is a person that the President determines provides, on or after 
the date of the enactment of this Act, significant financial, material, 
or technological support to M23. 
President. 
Determination. 
President. 
Congo. 
50 USC 1701 
note. 
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126 STAT. 2036 
PUBLIC LAW 112–239—JAN. 2, 2013 
(d) WAIVER.—The President may waive the application of this 
section with respect to a person if the President determines and 
reports to the appropriate congressional committees that the waiver 
is in the national interest of the United States. 
(e) TERMINATION OF SANCTIONS.—Sanctions imposed under this 
section may terminate 15 days after the date on which the President 
determines and reports to the appropriate congressional committees 
that the person covered by such determination has terminated 
the provision of significant financial, material, and technological 
support to M23. 
(f) TERMINATION OF SECTION.—This section shall terminate on 
the date that is 15 days after the date on which the President 
determines and reports to the appropriate congressional committees 
that M23 is no longer a significant threat to peace and security 
in the Democratic Republic of the Congo. 
(g) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Banking, Housing, and Urban 
Affairs, the Committee on Armed Services, and the Com-
mittee on Foreign Relations of the Senate; and 
(B) the Committee on Financial Services, the Com-
mittee on Armed Services, and the Committee on Foreign 
Affairs of the House of Representatives. 
(2) M23.—The term ‘‘M23’’ refers to the rebel group known 
as M23 operating in the Democratic Republic of the Congo 
that derives its name from the March 23, 2009, agreement 
between the Government of the Democratic Republic of the 
Congo and the National Congress for the Defense of the People 
(or any successor group). 
(3) UNITED STATES PERSON.—The term ‘‘United States per-
son’’ means— 
(A) an individual who is a United States citizen or 
an alien lawfully admitted for permanent residence to the 
United States; or 
(B) an entity organized under the laws of the United 
States or of any jurisdiction within the United States. 
SEC. 1285. PILOT PROGRAM ON REPAIR, OVERHAUL, AND REFURBISH-
MENT OF DEFENSE ARTICLES FOR SALE OR TRANSFER 
TO ELIGIBLE FOREIGN COUNTRIES AND ENTITIES. 
(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense 
may carry out a pilot program to repair, overhaul, or refurbish 
in-stock defense articles in anticipation of the sale or transfer 
of such defense articles to eligible foreign countries or international 
organizations under law. 
(b) FUND FOR SUPPORT OF PROGRAM AUTHORIZED.—The Sec-
retary of Defense may establish and administer a fund to be known 
as the ‘‘Special Defense Repair Fund’’ (in this section referred 
to as the ‘‘Fund’’) to support the program authorized by subsection 
(a). 
(c) CREDITS TO FUND.— 
(1) IN GENERAL.—Subject to paragraphs (2) and (3), the 
following shall be credited to the Fund: 
(A) Such amounts, not to exceed $50,000,000, from 
amounts authorized to be appropriated for overseas contin-
gency operations for fiscal year 2013 as the Secretary of 
22 USC 2753 
note. 
Determination. 
Reports. 
Determination. 
Reports. 
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126 STAT. 2037 
PUBLIC LAW 112–239—JAN. 2, 2013 
Defense considers appropriate, and reprogrammed under 
a reprogramming authority provided by another provision 
of this Act or by other law. 
(B) Notwithstanding section 114(c) of title 10, United 
States Code, any collection from the sale or transfer of 
defense articles from Department of Defense stocks 
repaired, overhauled, or refurbished with amounts from 
the Fund that are not intended to be replaced which sale 
or transfer is made pursuant to section 21(a)(1)(A) of the 
Arms Export Control Act (22 U.S.C. 2761(a)(1)(A)), the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), 
or another provision of law. 
(C) Notwithstanding section 37(a) of the Arms Export 
Control Act (22 U.S.C. 2777(a)), any cash payment from 
the sale or transfer of defense articles from Department 
of Defense stocks repaired, overhauled, or refurbished with 
amounts from the Fund that are intended to be replaced. 
(2) LIMITATION ON AMOUNTS CREDITABLE FROM SALE OR 
TRANSFER OF ARTICLES.— 
(A) CREDITS IN CONNECTION WITH ARTICLES NOT TO 
BE REPLACED.—The amount credited to the Fund under 
paragraph (1)(B) in connection with a collection from the 
sale or transfer of defense articles may not exceed the 
cost incurred by the Department of Defense in repairing, 
overhauling, or refurbishing such defense articles under 
the program authorized by subsection (a). 
(B) CREDITS
IN
CONNECTION
WITH
ARTICLES
TO
BE 
REPLACED.—The amount credited to the Fund under para-
graph (1)(C) in connection with a sale or transfer of defense 
articles may not exceed the amounts from the Fund used 
to repair, overhaul, or refurbish such defense articles. 
(3) LIMITATION ON SIZE OF FUND.—The total amount in 
the Fund at any time may not exceed $50,000,000. 
(4) TREATMENT OF AMOUNTS CREDITED.—Amounts credited 
to the Fund under this subsection shall be merged with 
amounts in the Fund, and shall remain available until 
expended. 
(5) AUTHORIZATION
TO
PURCHASE
SERVICES
FROM
DOD 
WORKING CAPITAL FUND ACTIVITIES.—The Fund shall be consid-
ered an authorized customer of Department of Defense Working 
Capital Fund activities. Prices of goods and services sold by 
Working Capital Fund activities to the Fund shall reflect For-
eign Military Sales pricing guidelines, as promulgated by the 
Department of Defense Financial Management Regulation, and 
other applicable guidelines. 
(d) NONAVAILABILITY
OF AMOUNTS
IN FUND
FOR STORAGE, 
MAINTENANCE, AND RELATED COSTS.—Following the repair, over-
haul, or refurbishment of defense articles under the program 
authorized by subsection (a), amounts in the Fund may not be 
used to pay costs of storage and maintenance of such defense 
articles or any other costs associated with the preservation or 
preparation for sale or transfer of such defense articles. 
(e) SALES OR TRANSFERS OF DEFENSE ARTICLES.— 
(1) IN GENERAL.—Any sale or transfer of defense articles 
repaired, overhauled, or refurbished under the program author-
ized by subsection (a) shall be in accordance with— 
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126 STAT. 2038 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) the Arms Export Control Act (22 U.S.C. 2751 et 
seq.); 
(B) the Foreign Assistance Act of 1961; or 
(C) another provision of law authorizing such sale or 
transfer. 
(2) SECRETARY OF STATE CONCURRENCE REQUIRED FOR CER-
TAIN SALES OR TRANSFERS TO FOREIGN COUNTRIES.—If the sale 
or transfer of defense articles occurs in accordance with a 
provision of law referred to in paragraph (1)(C) that does not 
otherwise require the concurrence of the Secretary of State 
for the sale or transfer, the sale or transfer may be made 
only with the concurrence of the Secretary of State. 
(f) TRANSFERS OF AMOUNTS.— 
(1) 
TRANSFER
TO
OTHER
DEPARTMENT
OF
DEFENSE 
ACCOUNTS.—Amounts in the Fund may be transferred to any 
Department of Defense account for use in carrying out the 
program authorized by subsection (a). Any amount so trans-
ferred shall be merged with amounts in the account to which 
transferred, and shall be available for the same purposes and 
the same time period as amounts in the account to which 
transferred. 
(2) TRANSFER
FROM
OTHER
DEPARTMENT
OF
DEFENSE 
ACCOUNTS.—Upon a determination by the Secretary of Defense 
with respect to an amount transferred under paragraph (1) 
that all or part of such transfer is not necessary for the purposes 
transferred, such amount may be transferred back to the Fund. 
Any amount so transferred shall be merged with amounts in 
the Fund, and shall remain available until expended. 
(g) CERTAIN EXCESS PROCEEDS TO BE CREDITED TO SPECIAL 
DEFENSE ACQUISITION FUND.—Any collection from the sale or 
transfer of defense articles that are not intended to be replaced 
in excess of the amount creditable to the Fund under subsection 
(c)(2)(A) shall be credited to the Special Defense Acquisition Fund 
established pursuant to chapter 5 of the Arms Export Control 
Act (22 U.S.C. 2795 et seq.). 
(h) MATERIEL
EFFICIENCIES
AND
DUPLICATION.—In admin-
istering the program authorized by subsection (a), the Secretary 
of Defense shall ensure to the maximum extent possible that pur-
chases made utilizing the Fund utilize existing Defense Logistics 
Agency contracts. The Secretary shall also ensure that none of 
the activities carried out under the program authorized by sub-
section (a) are duplicative in nature to those performed by other 
military departments or Defense Agencies. 
(i) CONDUCT
BY PUBLIC
OR PRIVATE SECTOR FACILITIES
OR 
ENTITIES.—The repair, overhaul, and refurbishment of defense arti-
cles under the program authorized by subsection (a) may be con-
ducted by a facility or entity in the public sector or the private 
sector, consistent with the requirements of chapter 146 of title 
10, United States Code. 
(j) REPORTS.— 
(1) ANNUAL
REPORT.—Not later than 45 days after the 
end of each fiscal year through the date of expiration specified 
in subsection (l), the Secretary of Defense shall submit to 
the appropriate congressional committees a report on the 
authorities under this section during such fiscal year. Each 
report shall include, for the fiscal year covered by such report, 
the following: 
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126 STAT. 2039 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) The types and quantities of defense articles 
repaired, overhauled, or refurbished under the program 
authorized by subsection (a). 
(B) The value of the repair, overhaul, or refurbishment 
performed under the program. 
(C) The amount of operation and maintenance funds 
credited to the Fund under subsection (c)(1)(A). 
(D) The amount of any collections from the sale or 
transfer of defense articles repaired, overhauled, or refur-
bished under the program that was credited to the Fund 
under subsection (c)(1)(B). 
(E) The amount of any cash payments from the sale 
or transfer of defense articles repaired, overhauled, or 
refurbished under the program that was credited to the 
Fund under subsection (c)(1)(C). 
(2) ASSESSMENT REPORT.—Not later than February 1, 2015, 
the Secretary of Defense shall submit to the appropriate 
congressional committees a report on the operation of the 
authorities in this section. The report shall include an assess-
ment of the effectiveness of the authorities in meeting the 
objectives of the program authorized by subsection (a). At a 
minimum, the assessment shall address the following: 
(A) Cost efficiencies generated by utilization of the 
Fund. 
(B) Time efficiencies gained in the delivery of defense 
articles under the program. 
(C) An explanation of all amounts transferred to and 
from the Fund pursuant to subsection (f). 
(D) A detailed account of excess proceeds credited to 
the Special Defense Acquisition Fund pursuant to section 
(g). 
(E) A list of defense articles, by quantity and type, 
repaired under the program and an identification of the 
foreign countries or international organizations to which 
the repaired defense articles were sold or transferred. 
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the congressional defense committees; and 
(B) the Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs of the House of 
Representatives. 
(k) DEFENSE ARTICLE DEFINED.—In this section, the term 
‘‘defense article’’ has the meaning given that term in section 47(3) 
of the Arms Export Control Act (22 U.S.C. 2794(3)). 
(l) EXPIRATION OF AUTHORITY.—The authority to carry out the 
program authorized by subsection (a), and to use amounts in the 
Fund in support of the program, shall expire on September 30, 
2015. 
SEC. 1286. SENSE OF CONGRESS ON THE SITUATION IN THE SENKAKU 
ISLANDS. 
It is the sense of Congress that— 
(1) the East China Sea is a vital part of the maritime 
commons of Asia, including critical sea lanes of communication 
and commerce that benefit all nations of the Asia-Pacific region; 
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126 STAT. 2040 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) the peaceful settlement of territorial and jurisdictional 
disputes in the East China Sea requires the exercise of self- 
restraint by all parties in the conduct of activities that would 
complicate or escalate disputes and destabilize the region, and 
differences should be handled in a constructive manner con-
sistent with universally recognized principles of customary 
international law; 
(3) while the United States takes no position on the ulti-
mate sovereignty of the Senkaku Islands, the United States 
acknowledges the administration of Japan over the Senkaku 
Islands; 
(4) the unilateral action of a third party will not affect 
the United States’ acknowledgment of the administration of 
Japan over the Senkaku Islands; 
(5) the United States has national interests in freedom 
of navigation, the maintenance of peace and stability, respect 
for international law, and unimpeded lawful commerce; 
(6) the United States supports a collaborative diplomatic 
process by claimants to resolve territorial disputes without 
coercion, and opposes efforts at coercion, the threat of use 
of force, or use of force by any claimant in seeking to resolve 
sovereignty and territorial issues in the East China Sea; and 
(7) the United States reaffirms its commitment to the 
Government of Japan under Article V of the Treaty of Mutual 
Cooperation and Security that ‘‘[e]ach Party recognizes that 
an armed attack against either Party in the territories under 
the administration of Japan would be dangerous to its own 
peace and safety and declares that it would act to meet the 
common danger in accordance with its constitutional provisions 
and processes’’. 
Subtitle G—Reports 
SEC. 1291. REVIEW AND REPORTS ON DEPARTMENT OF DEFENSE 
EFFORTS TO BUILD THE CAPACITY OF AND PARTNER 
WITH FOREIGN SECURITY FORCES. 
(a) REVIEW.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Defense Policy Board shall 
conduct a review of the efforts of the Department of Defense 
to build the capacity of, or partner with, foreign security forces 
in support of United States national defense and security strate-
gies. 
(2) ELEMENTS.—The review required by this subsection 
shall include the following: 
(A) An examination of the ways in which the efforts 
of the Department to build the capacity of, or partner 
with, foreign security forces directly support implementa-
tion of current national defense and security strategies. 
(B) An assessment of the range of effects that efforts 
of the Department to build the capacity of, or partner 
with, foreign security forces are designed to achieve in 
support of current national defense and security strategies. 
(C) An assessment of the criteria used for prioritizing 
such efforts in support of national defense and security 
strategies. 
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126 STAT. 2041 
PUBLIC LAW 112–239—JAN. 2, 2013 
(D) An identification of the authorities the Department 
currently uses to implement such efforts, together with 
an assessment of the adequacy of such authorities. 
(E) An assessment of the capabilities and resources 
required by the Department to implement such efforts. 
(F) An assessment of the most effective distribution 
of the roles and responsibilities for such efforts within 
the Department, together with an assessment whether the 
Department military and civilian workforce is appropriately 
sized and shaped to meet the requirements of such efforts. 
(G) An evaluation of current measures of the Depart-
ment for assessing activities of the Department designed 
to build the capacity of, or partner with, foreign security 
forces, including an assessment whether such measures 
address the extent to which such activities directly support 
the priorities of national defense and security strategies. 
(H) An identification of recommendations for clarifying 
or improving the guidance and assessment measures of 
the Department relating to its efforts to build the capacity 
of, or partner with, foreign security forces in support of 
national defense and security strategies. 
(3) REPORT.—Not later than 90 days after the completion 
of the review required by this subsection, the Secretary of 
Defense shall submit to the congressional defense committees 
a report containing the result of the review. 
(b) STRATEGIC GUIDANCE ON DEPARTMENT OF DEFENSE EFFORTS 
TO BUILD PARTNER CAPACITY
AND OTHER PARTNERSHIP INITIA-
TIVES.—Not later than 120 days after the completion of the review 
required by subsection (a), the Secretary of Defense shall, with 
the advice and assistance of the Chairman of the Joint Chiefs 
of Staff, submit to the congressional defense committees a report 
setting forth the following: 
(1) An assessment, taking into account the recommenda-
tions of the Defense Policy Board in the review required by 
subsection (a), of the efforts of the Department of Defense 
to build the capacity of, and partner with, foreign military 
forces in support of national defense and security strategies. 
(2) Strategic guidance for the Department for its efforts 
to build the capacity of, and partner with, foreign military 
forces in support of national defense and security strategies, 
which guidance shall address— 
(A) the ways such efforts directly support the goals 
and objectives of national defense and security strategies; 
(B) the criteria to be used for prioritizing activities 
to implement such efforts in support of national defense 
and security strategies; 
(C) the measures to be used to assess the effects 
achieved by such efforts and the extent to which such 
effects support the objectives of national defense and secu-
rity strategies; 
(D) the appropriate roles and responsibilities of the 
Armed Forces, the combatant commands, the Defense 
Agencies, and other components of the Department in con-
ducting such efforts; and 
(E) the relationship of Department workforce planning 
with the requirements for such efforts. 
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126 STAT. 2042 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1292. ADDITIONAL REPORT ON MILITARY AND SECURITY 
DEVELOPMENTS INVOLVING THE DEMOCRATIC PEOPLE’S 
REPUBLIC OF KOREA. 
Section 1236(a) of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641) is amended 
by inserting after ‘‘November 1, 2012,’’ the following: ‘‘and November 
1, 2013,’’. 
SEC. 1293. REPORT ON HOST NATION SUPPORT FOR OVERSEAS UNITED 
STATES MILITARY INSTALLATIONS AND UNITED STATES 
ARMED FORCES DEPLOYED IN COUNTRY. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than March 1 of each year 
from 2013 through 2015, the Secretary of Defense, in consulta-
tion with the Secretary of State, shall submit to the appropriate 
congressional committees a report on the direct, indirect, and 
burden-sharing contributions made by host nations to support 
overseas United States military installations and United States 
Armed Forces deployed in country. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include at least the following: 
(A) A description of all costs associated with stationing 
United States Armed Forces in the host nation, including 
military personnel costs, operation and maintenance costs, 
and military construction costs. 
(B) A description of direct, indirect, and burden-sharing 
contributions made by the host nation, including the fol-
lowing: 
(i) Contributions accepted for the following costs: 
(I) Compensation for local national employees 
of the Department of Defense. 
(II) Military construction projects of the 
Department of Defense, including design, procure-
ment, construction management costs, rents on pri-
vately-owned land, facilities, labor, utilities, and 
vicinity improvements. 
(III) Other costs such as loan guarantees on 
public-private venture housing and payment-in- 
kind for facilities returned to the host nation. 
(ii) Contributions accepted for any other purpose. 
(C) The methodology and accounting procedures used 
to measure and track direct, indirect, and burden-sharing 
contributions made by host nations. 
(3) DESCRIPTION OF CONTRIBUTIONS IN UNITED STATES DOL-
LARS.—The report required by paragraph (1) shall describe 
the direct, indirect, and burden-sharing contributions made 
by host nations in United States dollars and shall specify 
the exchange rates used to determine the United States dollar 
value of such host nation contributions. 
(b) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex 
if necessary. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the congressional defense committees; and 
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126 STAT. 2043 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) the Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs of the House of 
Representatives. 
(2) HOST
NATION.—The term ‘‘host nation’’ means any 
country that hosts a permanent or temporary United States 
military installation or a permanent or rotational deployment 
of United States Armed Forces located outside of the borders 
of the United States. 
(3) CONTRIBUTIONS.—The term ‘‘contributions’’ means cash 
and in-kind contributions made by a host nation that replace 
expenditures that would otherwise be made by the Secretary 
of Defense using funds appropriated or otherwise made avail-
able in defense appropriations Acts. 
SEC. 1294. REPORT ON MILITARY ACTIVITIES TO DENY OR SIGNIFI-
CANTLY DEGRADE THE USE OF AIR POWER AGAINST 
CIVILIAN AND OPPOSITION GROUPS IN SYRIA. 
(a) REPORT REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall, in 
consultation with the Chairman of the Joint Chiefs of Staff, submit 
to the congressional defense committees a report identifying the 
limited military activities that could deny or significantly degrade 
the ability of President Bashar al-Assad of Syria, and forces loyal 
to him, to use air power against civilians and opposition groups 
in Syria. 
(b) NATURE OF MILITARY ACTIVITIES.— 
(1) PRINCIPAL PURPOSE.—The principal purpose of the mili-
tary activities identified for purposes of the report required 
by subsection (a) shall be to advance the goals of President 
Obama of stopping the killing of civilians in Syria and creating 
conditions for a transition to a democratic, pluralistic political 
system in Syria. 
(2) ADDITIONAL GOALS.—The military activities identified 
for purposes of the report shall also meet the goals as follows: 
(A) That the United States Armed Forces conduct such 
activities with foreign allies or partners. 
(B) That United States ground troops not be deployed 
onto Syrian territory. 
(C) That the risk to civilians on the ground in Syria 
be limited. 
(D) That the risks to United States military personnel 
be limited. 
(E) That the financial costs to the United States be 
limited. 
(c) ELEMENTS ON POTENTIAL MILITARY ACTIVITIES.—The report 
required by subsection (a) shall include a comprehensive description, 
evaluation, and assessment of the potential effectiveness of the 
following military activities, as required by subsection (a): 
(1) The deployment of air defense systems, such as Patriot 
missile batteries, to neighboring countries for the purpose of 
denying or significantly degrading the operational capability 
of Syria aircraft. 
(2) The establishment of one or more no-fly zones over 
key population centers in Syria. 
(3) Limited air strikes to destroy or significantly degrade 
Syria aircraft. 
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126 STAT. 2044 
PUBLIC LAW 112–239—JAN. 2, 2013 
(4) Such other military activities as the Secretary considers 
appropriate to achieve the goals stated in subsection (b). 
(d) ELEMENTS IN DESCRIPTION OF POTENTIAL MILITARY ACTIVI-
TIES.—For each military activity that the Secretary identifies in 
subsection (c), the comprehensive description of such activities 
under that subsection shall include, but not be limited to, the 
type and the number of United States military personnel and assets 
to be involved in such activities, the anticipated duration of such 
activities, and the anticipated cost of such activities. The report 
shall also identify what elements would be required to maximize 
the effectiveness of such military activities. 
(e) NO AUTHORIZATION FOR USE OF MILITARY FORCE.—Nothing 
in this section shall be construed as a declaration of war or an 
authorization for the use of force. 
(f) FORM.—The report required by subsection (a) shall be sub-
mitted in classified form. 
SEC. 1295. REPORT ON MILITARY ASSISTANCE PROVIDED BY RUSSIA 
TO SYRIA. 
(a) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense, in coordination 
with the Secretary of State, shall provide to the appropriate congres-
sional committees a report on military assistance provided by the 
Russian Federation to Syria. 
(b) MATTERS TO BE INCLUDED.—The report required by sub-
section (a) shall include the following: 
(1) An analysis of whether Russia is providing direct or 
indirect military support for the Government of Syria’s actions 
to forcefully act against groups opposing the Government of 
Syria, including a description of the types of support. 
(2) A description and analysis of Russia’s military interests 
in Syria. 
(3) A description and analysis of Russia’s military presence 
in Syria. 
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives. 
TITLE XIII—COOPERATIVE THREAT 
REDUCTION 
Sec. 1301. Specification of cooperative threat reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Report on Cooperative Threat Reduction Programs in Russia. 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF COOPERATIVE THREAT REDUCTION PRO-
GRAMS.—For purposes of section 301 and other provisions of this 
Act, Cooperative Threat Reduction programs are the programs 
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126 STAT. 2045 
PUBLIC LAW 112–239—JAN. 2, 2013 
specified in section 1501 of the National Defense Authorization 
Act for Fiscal Year 1997 (50 U.S.C. 2362 note). 
(b) FISCAL YEAR 2013 COOPERATIVE THREAT REDUCTION FUNDS 
DEFINED.—As used in this title, the term ‘‘fiscal year 2013 Coopera-
tive Threat Reduction funds’’ means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 and made 
available by the funding table in section 4301 for Cooperative 
Threat Reduction programs. 
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 
the authorization of appropriations in section 301 and made avail-
able by the funding table in section 4301 for Cooperative Threat 
Reduction programs shall be available for obligation for fiscal years 
2013, 2014, and 2015. 
SEC. 1302. FUNDING ALLOCATIONS. 
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the $519,111,000 
authorized to be appropriated to the Department of Defense for 
fiscal year 2013 in section 301 and made available by the funding 
table in section 4301 for Cooperative Threat Reduction programs, 
the following amounts may be obligated for the purposes specified: 
(1) For strategic offensive arms elimination, $68,271,000. 
(2) For chemical weapons destruction, $14,630,000. 
(3) For global nuclear security, $99,789,000. 
(4) For cooperative biological engagement, $276,399,000. 
(5) For proliferation prevention, $32,402,000. 
(6) For threat reduction engagement, $2,375,000. 
(7) For activities designated as Other Assessments/ 
Administrative Costs, $25,245,000. 
(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR 
OTHER PURPOSES.—No fiscal year 2013 Cooperative Threat Reduc-
tion funds may be obligated or expended for a purpose other than 
a purpose listed in paragraphs (1) through (7) of subsection (a) 
until 15 days after the date that the Secretary of Defense submits 
to Congress a report on the purpose for which the funds will 
be obligated or expended and the amount of funds to be obligated 
or expended. Nothing in the preceding sentence shall be construed 
as authorizing the obligation or expenditure of fiscal year 2013 
Cooperative Threat Reduction funds for a purpose for which the 
obligation or expenditure of such funds is specifically prohibited 
under this title or any other provision of law. 
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.— 
(1) IN GENERAL.—Subject to paragraph (2), in any case 
in which the Secretary of Defense determines that it is nec-
essary to do so in the national interest, the Secretary may 
obligate amounts appropriated for fiscal year 2013 for a purpose 
listed in paragraphs (1) through (7) of subsection (a) in excess 
of the specific amount authorized for that purpose. 
(2) NOTICE-AND-WAIT
REQUIRED.—An obligation of funds 
for a purpose stated in paragraphs (1) through (7) of subsection 
(a) in excess of the specific amount authorized for such purpose 
may be made using the authority provided in paragraph (1) 
only after— 
(A) the Secretary submits to Congress notification of 
the intent to do so together with a complete discussion 
of the justification for doing so; and 
(B) 15 days have elapsed following the date of the 
notification. 
Time period. 
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126 STAT. 2046 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1303. REPORT ON COOPERATIVE THREAT REDUCTION PROGRAMS 
IN RUSSIA. 
(a) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense, in coordination 
with the Secretary of State, the Secretary of Energy, and the 
Director of National Intelligence, shall submit to the appropriate 
congressional committees a report on Cooperative Threat Reduction 
Programs in the Russian Federation. 
(b) MATTERS INCLUDED.—The report under subsection (a) shall 
include the following: 
(1) Identification of nonproliferation programs in Russia 
that— 
(A) have accomplished their long-term objectives in 
reducing the threat of proliferation of weapons of mass 
destruction; and 
(B) will be phased out during the five-year period 
beginning on the date of the enactment of this Act. 
(2) Identification of— 
(A) nonproliferation programs in Russia that— 
(i) reduce the threat of the proliferation of weapons 
of mass destruction; and 
(ii) will not be phased out during such five-year 
period; and 
(B) the metrics to evaluate the success of such pro-
grams. 
(3) Identification of— 
(A) the nature of the threat of the proliferation of 
weapons of mass destruction that underpin the programs 
described in paragraphs (1) and (2); and 
(B) the current and foreseeable threats that are 
addressed by such programs. 
(4) The impact on nonproliferation programs in Russia 
and the risks and benefits to national security if the current 
agreement regarding such programs (commonly referred to as 
the ‘‘umbrella agreement’’) is amended or not renewed. 
(5) What steps, if any, will be taken to continue or termi-
nate ongoing nonproliferation programs if the umbrella agree-
ment is not renewed. 
(c) FORM.—The report under subsection (a) shall be in unclassi-
fied form, but may contain a classified annex. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Chemical Agents and Munitions Destruction, Defense. 
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1405. Defense Inspector General. 
Sec. 1406. Defense Health Program. 
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126 STAT. 2047 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Additional security of strategic materials supply chains. 
Sec. 1413. Release of materials needed for national defense purposes from the Stra-
tegic and Critical Materials Stockpile. 
Subtitle C—Chemical Demilitarization Matters 
Sec. 1421. Supplemental chemical agent and munitions destruction technologies at 
Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Ken-
tucky. 
Subtitle D—Other Matters 
Sec. 1431. Reduction of unobligated balances within the Pentagon Reservation 
Maintenance Revolving Fund. 
Sec. 1432. Authority for transfer of funds to Joint Department of Defense-Depart-
ment of Veterans Affairs Medical Facility Demonstration Fund for Cap-
tain James A. Lovell Health Care Center, Illinois. 
Sec. 1433. Authorization of appropriations for Armed Forces Retirement Home. 
Sec. 1434. Cemeterial expenses. 
Sec. 1435. Additional Weapons of Mass Destruction Civil Support Teams. 
Subtitle A—Military Programs 
SEC. 1401. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
2013 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds, as specified in the funding 
table in section 4501. 
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 
Funds are hereby authorized to be appropriated for fiscal year 
2013 for the National Defense Sealift Fund, as specified in the 
funding table in section 4501. 
SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for the Department of Defense for 
fiscal year 2013 for expenses, not otherwise provided for, for Chem-
ical Agents and Munitions Destruction, Defense, as specified in 
the funding table in section 4501. 
(b) USE.—Amounts authorized to be appropriated under sub-
section (a) are authorized for— 
(1) the destruction of lethal chemical agents and munitions 
in accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521); and 
(2) the destruction of chemical warfare materiel of the 
United States that is not covered by section 1412 of such 
Act. 
SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2013 for expenses, not otherwise 
provided for, for Drug Interdiction and Counter-Drug Activities, 
Defense-wide, as specified in the funding table in section 4501. 
SEC. 1405. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2013 for expenses, not otherwise 
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126 STAT. 2048 
PUBLIC LAW 112–239—JAN. 2, 2013 
provided for, for the Office of the Inspector General of the Depart-
ment of Defense, as specified in the funding table in section 4501. 
SEC. 1406. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for fiscal year 
2013 for the Defense Health Program, as specified in the funding 
table in section 4501, for use of the Armed Forces and other activi-
ties and agencies of the Department of Defense in providing for 
the health of eligible beneficiaries. 
Subtitle B—National Defense Stockpile 
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 
FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2013, 
the National Defense Stockpile Manager may obligate up to 
$44,899,227 of the funds in the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 
for the authorized uses of such funds under subsection (b)(2) of 
such section, including the disposal of hazardous materials that 
are environmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 
Manager may obligate amounts in excess of the amount specified 
in subsection (a) if the National Defense Stockpile Manager notifies 
Congress that extraordinary or emergency conditions necessitate 
the additional obligations. The National Defense Stockpile Manager 
may make the additional obligations described in the notification 
after the end of the 45-day period beginning on the date on which 
Congress receives the notification. 
(c) LIMITATIONS.—The authorities provided by this section shall 
be subject to such limitations as may be provided in appropriations 
Acts. 
SEC. 1412. ADDITIONAL SECURITY OF STRATEGIC MATERIALS SUPPLY 
CHAINS. 
Section 2(b) of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98a(b)) is amended by inserting ‘‘or a single point 
of failure’’ after ‘‘foreign sources’’. 
SEC. 1413. RELEASE OF MATERIALS NEEDED FOR NATIONAL DEFENSE 
PURPOSES FROM THE STRATEGIC AND CRITICAL MATE-
RIALS STOCKPILE. 
(a) AUTHORITY FOR PRESIDENT TO DELEGATE SPECIAL DISPOSAL 
AUTHORITY OF PRESIDENT FOR RELEASE FOR NATIONAL DEFENSE 
PURPOSES.—Section 7(a) of the Strategic and Critical Materials 
Stock Piling Act (50 U.S.C. 98f(a)) is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the end; 
(2) in paragraph (2), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(3) on the order of the Under Secretary of Defense for 
Acquisition, Technology, and Logistics, if the President has 
designated the Under Secretary to have authority to issue 
release orders under this subsection and, in the case of any 
such order, if the Under Secretary determines that the release 
Time period. 
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126 STAT. 2049 
PUBLIC LAW 112–239—JAN. 2, 2013 
of such materials is required for use, manufacture, or produc-
tion for purposes of national defense.’’. 
(b) EXCLUSION FROM DELEGATION LIMITATION.—Section 16 of 
such Act (50 U.S.C. 98h-7) is amended by striking ‘‘sections 7 
and 13’’ each place it appears and inserting ‘‘sections 7(a)(1) and 
13’’. 
Subtitle C—Chemical Demilitarization 
Matters 
SEC. 1421. SUPPLEMENTAL CHEMICAL AGENT AND MUNITIONS 
DESTRUCTION TECHNOLOGIES AT PUEBLO CHEMICAL 
DEPOT, COLORADO, AND BLUE GRASS ARMY DEPOT, KEN-
TUCKY. 
(a) SUPPLEMENTAL DESTRUCTION TECHNOLOGIES.—Section 1412 
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 
1521) is amended— 
(1) in subsection (i)(2), by adding at the end the following 
new subparagraph: 
‘‘(E) A description of any supplemental chemical agent and 
munitions destruction technologies used at Pueblo Chemical 
Depot, Colorado, and Blue Grass Army Depot, Kentucky, during 
the period covered by the report, including explosive destruction 
technologies and any technologies developed for the treatment 
and disposal of energetic or agent hydrolystates.’’; 
(2) in subsection (j)(2), by adding at the end the following 
new subparagraph: 
‘‘(E) A description and justification for the use of any 
supplemental chemical agent and munitions destruction tech-
nologies used at Pueblo Chemical Depot, Colorado, and Blue 
Grass Army Depot, Kentucky, during the period covered by 
the report, including explosive destruction technologies and 
any technologies developed for the treatment and disposal of 
energetic or agent hydrolysates. Such description and justifica-
tion shall outline— 
‘‘(i) the need for the use of supplemental destruction 
technologies and technologies developed for the treatment 
and disposal of energetic or agent hydrolystates; 
‘‘(ii) site-by-site descriptions of the problematic aspects 
of the stockpile requiring the use of supplemental tech-
nologies; 
‘‘(iii) the type of supplemental destruction technologies 
used at each site; and 
‘‘(iv) any planned future use of other supplemental 
destruction technologies for each site.’’; 
(3) by redesignating subsection (o) as subsection (p); and 
(4) by inserting after subsection (n) the following new sub-
section (o): 
‘‘(o) SUPPLEMENTAL DESTRUCTION TECHNOLOGIES.—In deter-
mining the technologies to supplement the neutralization destruc-
tion of the stockpile of lethal chemical agents and munitions at 
Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, 
Kentucky, the Secretary of Defense may consider the following: 
‘‘(1) Explosive Destruction Technologies. 
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126 STAT. 2050 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) Any technologies developed for the treatment and dis-
posal of energetic or agent hydrolysates, if problems with the 
current on-site treatment of hydrolysates are encountered.’’. 
(b) REPEAL
OF SUPERSEDED PROVISION.—Section 151 of the 
Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 
1645A–30) is repealed. 
Subtitle D—Other Matters 
SEC. 1431. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE PEN-
TAGON RESERVATION MAINTENANCE REVOLVING FUND. 
Not later than 60 days after the date of the enactment of 
this Act, the Secretary of Defense shall transfer $5,000,000 from 
the unobligated balances of the Pentagon Reservation Maintenance 
Revolving Fund established under section 2674(e) of title 10, United 
States Code, to the Miscellaneous Receipts Fund of the United 
States Treasury. 
SEC. 1432. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPART-
MENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS 
MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN 
JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS. 
(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the funds author-
ized to be appropriated for section 1406 and available for the 
Defense 
Health 
Program 
for 
operation 
and 
maintenance, 
$139,204,000 may be transferred by the Secretary of Defense to 
the Joint Department of Defense–Department of Veterans Affairs 
Medical Facility Demonstration Fund established by subsection 
(a)(1) of section 1704 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For 
purposes of subsection (a)(2) of such section 1704, any funds so 
transferred shall be treated as amounts authorized and appro-
priated specifically for the purpose of such a transfer. 
(b) USE OF TRANSFERRED FUNDS.—For the purposes of sub-
section (b) of such section 1704, facility operations for which funds 
transferred under subsection (a) may be used are operations of 
the Captain James A. Lovell Federal Health Care Center, consisting 
of the North Chicago Veterans Affairs Medical Center, the Navy 
Ambulatory Care Center, and supporting facilities designated as 
a combined Federal medical facility under an operational agreement 
covered by section 706 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4500). 
SEC. 1433. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal year 
2013 from the Armed Forces Retirement Home Trust Fund the 
sum of $67,590,000 for the operation of the Armed Forces Retire-
ment Home. 
SEC. 1434. CEMETERIAL EXPENSES. 
Funds are hereby authorized to be appropriated for the Depart-
ment of the Army for fiscal year 2013 for cemeterial expenses, 
not otherwise provided for, in the amount of $173,800,000. 
Deadline. 
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126 STAT. 2051 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1435. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUP-
PORT TEAMS. 
(a) IN GENERAL.—Section 1403 of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003 (Public Law 107– 
314; 116 Stat. 2676; 10 U.S.C. 12310 note) is amended— 
(1) by striking subsection (b); 
(2) by redesignating subsection (c) as subsection (e); and 
(3) by inserting after subsection (a) the following new sub-
sections (b), (c), and (d): 
‘‘(b) ESTABLISHMENT OF FURTHER ADDITIONAL TEAMS.—The Sec-
retary of Defense is authorized to have established two additional 
teams designated as Weapons of Mass Destruction Civil Support 
Teams, beyond the 55 teams required in subsection (a), if— 
‘‘(1) the Secretary of Defense has made the certification 
provided for in section 12310(c)(5) of title 10, United States 
Code, with respect to each of such additional teams before 
December 31, 2011; and 
‘‘(2) the establishment of such additional teams does not 
require an increase in authorized personnel levels above the 
numbers authorized as of the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 2013. 
‘‘(c) LIMITATION OF ESTABLISHMENT OF FURTHER TEAMS.—No 
Weapons of Mass Destruction Civil Support Team may be estab-
lished beyond the number authorized by subsections (a) and (b) 
unless— 
‘‘(1) the Secretary submits to Congress a request for 
authority to establish such team, including a detailed justifica-
tion for its establishment; and 
‘‘(2) the establishment of such team is specifically author-
ized by a law enacted after the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 2013. 
‘‘(d) NOTIFICATION
OF
DISESTABLISHMENT
OF
TEAMS.—No 
Weapons of Mass Destruction Civil Support Team established 
pursuant to this section may be disestablished unless, by not later 
than 90 days before the date on which such team is disestablished, 
the Secretary submits to the congressional defense committees 
notice of the proposed disestablishment of the team and the date 
on which the disestablishment is proposed to take place.’’. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report on the Weapons 
of Mass Destruction Civil Support Teams. The report shall include 
the following: 
(1) A detailed description of risk management criteria and 
considerations to be used in determining the optimal number 
and location of Weapons of Mass Destruction Civil Support 
Teams. 
(2) A description of the operational and training activities 
conducted by the Weapons of Mass Destruction Civil Support 
Teams during each of fiscal years 2010, 2011, and 2012, and 
of such activities planned for fiscal year 2013. 
(3) An assessment of the optimal number and location 
of Weapons of Mass Destruction Civil Support Teams in light 
of the information under paragraphs (1) and (2). 
(4) A comparative analysis of the cost of establishing 
Weapons of Mass Destruction Civil Support Teams in the 
reserve components of the Armed Forces (other than the 
Deadline. 
Request. 
Certification. 
Deadline. 
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126 STAT. 2052 
PUBLIC LAW 112–239—JAN. 2, 2013 
National Guard) with the cost of establishing Weapons of Mass 
Destruction Civil Support Teams in the National Guard. 
(5) A description of the portion of the costs of Weapons 
of Mass Destruction Civil Support Teams that is currently 
borne by the States. 
(6) Any other matter that the Secretary determines is 
appropriate. 
TITLE XV—AUTHORIZATION OF ADDI-
TIONAL APPROPRIATIONS FOR OVER-
SEAS CONTINGENCY OPERATIONS 
Subtitle A—Authorization of Additional Appropriations 
Sec. 1501. Purpose. 
Sec. 1502. Procurement. 
Sec. 1503. Research, development, test, and evaluation. 
Sec. 1504. Operation and maintenance. 
Sec. 1505. Military personnel. 
Sec. 1506. Working capital funds. 
Sec. 1507. Defense Health Program. 
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1509. Defense Inspector General. 
Subtitle B—Financial Matters 
Sec. 1521. Treatment as additional authorizations. 
Sec. 1522. Special transfer authority. 
Subtitle C—Limitations and Other Matters 
Sec. 1531. Afghanistan Security Forces Fund. 
Sec. 1532. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1533. One-year extension of project authority and related requirements of 
Task Force for Business and Stability Operations in Afghanistan. 
Sec. 1534. Plan for transition in funding of United States Special Operations Com-
mand from supplemental funding for overseas contingency operations to 
recurring funding under the future-years defense program. 
Sec. 1535. Assessment of counter-improvised explosive device training and intel-
ligence activities of the Joint Improvised Explosive Device Defeat Orga-
nization and national and military intelligence Organizations. 
Subtitle A—Authorization of Additional 
Appropriations 
SEC. 1501. PURPOSE. 
The purpose of this subtitle is to authorize appropriations for 
the Department of Defense for fiscal year 2013 to provide additional 
funds for overseas contingency operations being carried out by 
the Armed Forces. 
SEC. 1502. PROCUREMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2013 for procurement accounts for the Army, the Navy and the 
Marine Corps, the Air Force, and Defense-wide activities, as speci-
fied in the funding table in section 4102. 
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 
Funds are hereby authorized to be appropriated for fiscal year 
2013 for the use of the Department of Defense for research, develop-
ment, test, and evaluation, as specified in the funding table in 
section 4202. 
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126 STAT. 2053 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1504. OPERATION AND MAINTENANCE. 
Funds are hereby authorized to be appropriated for fiscal year 
2013 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance, as specified in the 
funding table in section 4302. 
SEC. 1505. MILITARY PERSONNEL. 
Funds are hereby authorized to be appropriated for fiscal year 
2013 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for military personnel, as specified in the funding 
table in section 4402. 
SEC. 1506. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
2013 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds, as specified in the funding 
table in section 4502. 
SEC. 1507. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2013 for expenses, not otherwise 
provided for, for the Defense Health Program, as specified in the 
funding table in section 4502. 
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2013 for expenses, not otherwise 
provided for, for Drug Interdiction and Counter-Drug Activities, 
Defense-wide, as specified in the funding table in section 4502. 
SEC. 1509. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2013 for expenses, not otherwise 
provided for, for the Office of the Inspector General of the Depart-
ment of Defense, as specified in the funding table in section 4502. 
Subtitle B—Financial Matters 
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 
The amounts authorized to be appropriated by this title are 
in addition to amounts otherwise authorized to be appropriated 
by this Act. 
SEC. 1522. SPECIAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the Secretary of 
Defense that such action is necessary in the national interest, 
the Secretary may transfer amounts of authorizations made 
available to the Department of Defense in this title for fiscal 
year 2013 between any such authorizations for that fiscal year 
(or any subdivisions thereof). Amounts of authorizations so 
transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
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PUBLIC LAW 112–239—JAN. 2, 2013 
(2) LIMITATION.—The total amount of authorizations that 
the Secretary may transfer under the authority of this sub-
section may not exceed $3,000,000,000. 
(b) TERMS AND CONDITIONS.—Transfers under this section shall 
be subject to the same terms and conditions as transfers under 
section 1001. 
(c) ADDITIONAL AUTHORITY.—The transfer authority provided 
by this section is in addition to the transfer authority provided 
under section 1001. 
Subtitle C—Limitations and Other Matters 
SEC. 1531. AFGHANISTAN SECURITY FORCES FUND. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) it is the responsibility of the Commander, International 
Security Assistance Force/Commander, United States Forces— 
Afghanistan to ensure the security of members of the Armed 
Forces deployed to Afghanistan and to mitigate internal threats 
to such forces to the greatest extent possible, while continuing 
to meet the objectives of the International Security Assistance 
Force mission in Afghanistan, including the training and equip-
ping of the Afghan National Security Forces so that they may 
provide for their own security; 
(2) the Afghan Public Protection Force must meet and 
maintain key standards to provide force protection for members 
of the Armed Forces; and 
(3) if the Secretary of Defense determines that the Afghan 
Public Protection Force is not meeting such standards, the 
Secretary should take all appropriate actions to provide force 
protection for members of the Armed Forces, including, if nec-
essary, having the Armed Forces provide for their own force 
protection. 
(b) CONTINUATION OF EXISTING LIMITATIONS ON USE OF FUNDS 
IN FUND.—Funds available to the Department of Defense for the 
Afghanistan Security Forces Fund for fiscal year 2013 shall be 
subject to the conditions contained in subsections (b) through (g) 
of section 1513 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 428), as amended by 
section 1531(b) of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4424). 
(c) AFGHAN PUBLIC PROTECTION FORCE.— 
(1) SEMI-ANNUAL CERTIFICATIONS.—Not later than 90 days 
after the date of the enactment of this Act, and semiannually 
thereafter through December 31, 2014, the Secretary of Defense 
shall certify in writing to the congressional defense committees 
the elements specified in paragraph (3). 
(2) REPORT
FOLLOWING
INABILITY
TO
CERTIFY
ANY
ELE-
MENT.—If the Secretary determines that an element specified 
in paragraph (3) cannot be certified in a report required by 
paragraph (1), the Secretary shall submit to the congressional 
defense committees a report setting forth the following: 
(A) An explanation why such element cannot be cer-
tified. 
(B) A description of the actions, if any, that are being 
taken to mitigate the risk associated with such element. 
Deadline. 
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126 STAT. 2055 
PUBLIC LAW 112–239—JAN. 2, 2013 
(C) A description of the specific actions being taken 
to achieve the certification of such element, to the extent 
practicable. 
(3) CERTIFICATION ELEMENTS.—The elements of each certifi-
cation specified in this paragraph are the following: 
(A) That each agreement between the United States 
and the Government of Afghanistan, or any contract 
between the Department of Defense and a contractor that 
subcontracts to the Afghan Public Protection Force, con-
tains— 
(i) uniform standards that ensure a consistent level 
of security; 
(ii) standard procedures and institutional mecha-
nisms for dispute resolution; 
(iii) requirements for the Afghan Public Protection 
Force to adhere to the Afghan Public Protection Force 
Code of Conduct and applicable international stand-
ards, such as the Montreux Document, and the Inter-
national Code of Conduct for private security service 
providers; and 
(iv) provisions for the United States, or the con-
tractor, to take actions to address the failure of the 
Afghan Public Protection Force to perform in a manner 
consistent with the Afghan Public Protection Force 
Code of Conduct and applicable international stand-
ards. 
(B) That all Afghan Public Protection Force recruits 
and personnel are vetted under procedures consistent with 
the vetting standards of the United States for the Afghan 
National Security Forces as of the date of the enactment 
of this Act. 
(C) That all Afghan Public Protection Force recruits 
and personnel are biometrically screened in an independent 
fashion by the United States or contractors. 
(D) In the case of contracts to provide force protection 
at installations in Afghanistan where the Armed Forces 
are garrisoned or housed, that the Commander, Inter-
national Security and Assistance Force/Commander, United 
States Forces—Afghanistan, or designees, are provided the 
ability to— 
(i) approve or disapprove arming authorization for 
Afghan Public Protection Force personnel performing 
activities at such installations; and 
(ii) account for and maintain records of Afghan 
Public Protection Force personnel authorized to per-
form activities at such installations. 
(E) That the International Security and Assistance 
Force Command has designated a centralized entity within 
that Command authorized to provide oversight of coalition 
activities relating to the Afghan Public Protection Force, 
including consultations with the Afghanistan Ministry of 
Interior regarding rules on the use of force, violations of 
contract, and other performance issues. 
(F) That there is a mechanism in place sufficient to— 
(i) account for the transfer of any United States 
Government-owned, contractor-acquired defense arti-
cles to the Afghan Public Protection Force; and 
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126 STAT. 2056 
PUBLIC LAW 112–239—JAN. 2, 2013 
(ii) conduct end-use monitoring, of such defense 
articles, including an inventory of the existence and 
completeness of any such defense articles. 
(d) REPORTS.— 
(1) INITIAL ASSESSMENT.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
setting forth an assessment of the Afghan Public Protection 
Force. 
(2) SUBSEQUENT ASSESSMENTS.—On a semiannual basis fol-
lowing the submittal of the report required by paragraph (1) 
through September 30, 2014, the Secretary shall submit to 
the congressional defense committees an assessment of the 
progress in the development of the Afghan Public Protection 
Force during the preceding six months. 
(3) ELEMENTS.—Each report under this subsection shall 
include the following: 
(A) A description of the size and composition of the 
Afghan Public Protection Force. 
(B) An assessment of the recruiting and training for 
the Afghan Public Protection Force. 
(C) An assessment of the ability of the Afghan Public 
Protection Force to perform its tasks and missions. 
(D) A description of measures of effectiveness for evalu-
ating the Afghan Public Protection Force. 
(E) Any recommendations provided by the United 
States to the Afghanistan Ministry of Interior to improve 
the performance of the Afghan Public Protection Force. 
(F) A description of any instances of termination of 
contracts with the Afghan Public Protection Force. 
(G) An assessment of the ability of the United States, 
or contractors, to hold the Afghan Public Protection Force 
accountable for gross or repeated violations. 
(H) A description of the status of United States Govern-
ment-owned, contractor-acquired defense articles provided 
to the Afghan Public Protection Force. 
(4) ADDITIONAL
ELEMENTS
DURING
FISCAL
YEAR
2014 
REPORTS.—Each report under paragraph (2) submitted during 
fiscal year 2014 shall include a plan, and any updates, on 
the post-2014 disposition of the Afghan Public Protection Force. 
(5) SUBMITTAL WITH OTHER REPORTS.—Each report under 
paragraph (2) may be submitted as part of the report on 
progress toward security and stability in Afghanistan that is 
submitted under sections 1230 and 1231 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 385, 390). 
(e) PLAN FOR USE OF AFGHANISTAN SECURITY FORCES FUND 
THROUGH FISCAL YEAR 2017.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a plan for using 
funds available to the Department of Defense to provide assistance 
to the security forces of Afghanistan through the Afghanistan Secu-
rity Forces Fund through September 30, 2017. 
(f) AGREEMENTS.—The Secretary of Defense shall submit to 
the congressional committees a copy of each agreement entered 
into by the United States and Afghanistan for services of the 
Records. 
Deadline. 
Deadline. 
Time period. 
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126 STAT. 2057 
PUBLIC LAW 112–239—JAN. 2, 2013 
Afghan Public Protection Force for the Department of Defense not 
later than 30 days after entry into such agreement. 
SEC. 1532. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 
(a) USE
AND TRANSFER
OF FUNDS.—Subsections (b) and (c) 
of section 1514 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), 
as in effect before the amendments made by section 1503 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110–417; 122 Stat. 4649), shall apply to the 
funds made available to the Department of Defense for the Joint 
Improvised Explosive Device Defeat Fund for fiscal year 2013. In 
providing prior notice to the congressional defense committees of 
the obligation of funds from the Joint Improvised Explosive Device 
Defeat Fund for such fiscal year, as required by paragraph (4) 
of such subsection (c), the Secretary of Defense shall include the 
associated analysis of alternatives conducted in the process of taking 
action to initiate any project for which the total obligation of funds 
from the Fund will exceed $10,000,000. 
(b) MONTHLY OBLIGATIONS AND EXPENDITURE REPORTS.—Not 
later than 15 days after the end of each month of fiscal year 
2013, the Secretary of Defense shall provide to the congressional 
defense committees a report on the Joint Improvised Explosive 
Device Defeat Fund explaining monthly commitments, obligations, 
and expenditures by line of operation. 
(c) INTERDICTION OF IMPROVISED EXPLOSIVE DEVICE PRECURSOR 
CHEMICALS.— 
(1) AVAILABILITY OF CERTAIN FISCAL YEAR 2013 FUNDS.— 
Of the funds made available to the Department of Defense 
for the Joint Improvised Explosive Device Defeat Fund for 
fiscal year 2013, $15,000,000 may be available to the Secretary 
of Defense to provide training, equipment, supplies, and serv-
ices to ministries and other entities of the Government of 
Pakistan that the Secretary has identified as critical for coun-
tering the flow of improvised explosive device precursor chemi-
cals from Pakistan to locations in Afghanistan. 
(2) PROVISION
THROUGH
OTHER
US
AGENCIES.—If jointly 
agreed upon by the Secretary of Defense and the head of 
another department or agency of the United States Govern-
ment, the Secretary of Defense may transfer funds available 
under paragraph (1) to such department or agency for the 
provision by such department or agency of training, equipment, 
supplies, and services to ministries and other entities of the 
Government of Pakistan as described in that paragraph. 
(3) NOTICE TO CONGRESS.—Funds may not be used under 
the authority in paragraph (1) until 15 days after the date 
on which the Secretary of Defense submits to the congressional 
defense committees a notice— 
(A) describing the training, equipment, supplies, and 
services to be provided using such funds; and 
(B) evaluating the effectiveness of the efforts by the 
Government of Pakistan to counter the flow of improvised 
explosive device precursor chemicals from Pakistan to loca-
tions in Afghanistan. 
(4) EXPIRATION.—The authority provided by this subsection 
expires on December 31, 2013. 
Time period. 
Pakistan. 
Afghanistan. 
Analysis. 
Applicability. 
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126 STAT. 2058 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1533. ONE-YEAR EXTENSION OF PROJECT AUTHORITY AND 
RELATED REQUIREMENTS OF TASK FORCE FOR BUSINESS 
AND STABILITY OPERATIONS IN AFGHANISTAN. 
(a) EXTENSION.—Subsection (a) of section 1535 of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383; 124 Stat. 4426), as amended by section 1534 
of the National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1658), is further amended— 
(1) in paragraph (6), by striking ‘‘October 31, 2011, and 
October 31, 2012’’ and inserting ‘‘October 31, 2011, October 
31, 2012, and October 31, 2013’’; and 
(2) in paragraph (7)— 
(A) by striking ‘‘provided in’’ and inserting ‘‘to obligate 
funds for projects under’’; and 
(B) by striking ‘‘September 30, 2012’’ and inserting 
‘‘September 30, 2013’’. 
(b) SCOPE
OF PROJECTS.—Paragraph (3) of such subsection, 
as so amended, is further amended by striking ‘‘focus on improving 
the commercial viability of’’ and inserting ‘‘complement’’. 
(c) FUNDING.—Paragraph (4) of such subsection, as so amended, 
is further amended— 
(1) by striking ‘‘The Secretary’’ and inserting the following: 
‘‘(A) IN GENERAL.—The Secretary’’; 
(2) by striking ‘‘The amount’’ and all that follows through 
‘‘appropriate congressional committees.’’ and inserting the fol-
lowing: 
‘‘(B) LIMITATION.—The amount of funds obligated under 
the authority of subparagraph (A)— 
‘‘(i) may not exceed $150,000,000 for fiscal year 
2012, except that not more than 50 percent of such 
amount of funds may be obligated until the Secretary 
of Defense submits to the appropriate congressional 
committees the plan required by subsection (b); and 
‘‘(ii) may not exceed $93,000,000 for fiscal year 
2013, except that not more than $50,000,000 of such 
amount of funds may be obligated until the Secretary 
of Defense submits to the appropriate congressional 
committees the report required by paragraph (7) of 
this subsection.’’; and 
(3) by striking ‘‘The funds’’ and inserting the following: 
‘‘(C) AVAILABILITY.—The funds’’. 
(d) REPORT ON IMPLEMENTATION OF TRANSITION ACTION PLAN.— 
Subsection (a) of section 1535 of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011, as amended by section 
1534 of the National Defense Authorization Act for Fiscal Year 
2012 and as amended by this section, is further amended— 
(1) by redesignating paragraph (7) as paragraph (8); and 
(2) by inserting after paragraph (6) the following new para-
graph (7): 
‘‘(7) REPORT ON IMPLEMENTATION OF TRANSITION ACTION 
PLAN.— 
‘‘(A) IN GENERAL.—The Secretary of Defense, in con-
sultation with the Secretary of State, shall submit to the 
appropriate congressional committees a report on the 
progress in implementing the Transition Action Plan of 
the Task Force for Business and Stability Operations in 
Afghanistan. 
Consultation. 
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126 STAT. 2059 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(B) UPDATES.—The Secretary of Defense, in consulta-
tion with the Secretary of State, shall submit to the appro-
priate congressional committees an update of the report 
required by subparagraph (A) every 90 days after the 
submission of such report.’’. 
SEC. 1534. PLAN FOR TRANSITION IN FUNDING OF UNITED STATES 
SPECIAL OPERATIONS COMMAND FROM SUPPLEMENTAL 
FUNDING FOR OVERSEAS CONTINGENCY OPERATIONS TO 
RECURRING 
FUNDING 
UNDER 
THE 
FUTURE-YEARS 
DEFENSE PROGRAM. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a plan for the transition of funding of the 
United States Special Operations Command from funds authorized 
to be appropriated for overseas contingency operations (commonly 
referred to as the ‘‘overseas contingency operations budget’’) to 
funds authorized to be appropriated for recurring operations of 
the Department of Defense in accordance with applicable future- 
years defense programs under section 221 of title 10, United States 
Code (commonly referred to as the ‘‘base budget’’). 
SEC. 1535. ASSESSMENT OF COUNTER-IMPROVISED EXPLOSIVE DEVICE 
TRAINING AND INTELLIGENCE ACTIVITIES OF THE JOINT 
IMPROVISED EXPLOSIVE DEVICE DEFEAT ORGANIZATION 
AND NATIONAL AND MILITARY INTELLIGENCE ORGANIZA-
TIONS. 
(a) ASSESSMENT OF TRAINING ACTIVITIES.— 
(1) ASSESSMENT REQUIRED.—The Secretary of Defense shall 
prepare an assessment of the training-related activities of the 
Joint 
Improvised 
Explosive 
Device 
Defeat 
Organization 
(JIEDDO). 
(2) ELEMENTS.—The assessment required by paragraph (1) 
shall— 
(A) include all training programs and functions, both 
enduring and non-enduring, executed by the Joint Impro-
vised Explosive Device Defeat Organization in support of 
the United States Armed Forces; 
(B) identify any program or function that is similar 
to or duplicates other training activities conducted else-
where within the Department of Defense; and 
(C) assess the value of maintaining such similarity 
or duplication. 
(3) CONSULTATION.—The Secretary of Defense shall prepare 
the assessment required by paragraph (1) in consultation with 
the Chairman of the Joint Chiefs of Staff and the other chiefs 
of staff of the Armed Forces. 
(4) SUBMISSION AND FORM.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit a report containing the results of the assessment 
required by paragraph (1) to the congressional defense commit-
tees. The report shall be submitted in unclassified form, but 
may include a classified annex. 
(b) ASSESSMENT OF INTELLIGENCE ACTIVITIES.— 
(1) ASSESSMENT REQUIRED.—The Secretary of Defense shall 
prepare an assessment of the intelligence activities carried 
out in support of the counter-improvised explosive device mis-
sion of the Department of Defense. 
Deadline. 
Reports. 
Deadline. 
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126 STAT. 2060 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) ELEMENTS.—The assessment required by paragraph (1) 
shall— 
(A) consider the activities of the Counter-Improved 
Explosive Devise Operations Integration Center of the Joint 
Improvised 
Explosive 
Device 
Defeat 
Organization, 
including— 
(i) identification of all intelligence analysis pro-
grams and functions executed by the Counter-Impro-
vised Explosive Device Operations Integration Center 
in support of United States combatant commands and 
United States military activities in Afghanistan; 
(ii) identification of any program or function which 
is duplicated elsewhere in the intelligence components 
of the Department of Defense or the intelligence 
community of the United States; 
(iii) an assessment of the value of maintaining 
such duplication; and 
(iv) identification of any opportunities to eliminate 
unnecessary duplication; 
(B) consider the activities of the national and military 
intelligence communities to counter improvised explosive 
devices, including an assessment of— 
(i) the sufficiency, adequacy, and effectiveness of 
these efforts in support of the commanders of combat-
ant commands; 
(ii) the prioritization of collection efforts and 
resource allocation within the intelligence components 
of the Department of Defense toward countering impro-
vised explosive devices; and 
(iii) opportunities for improvement of these efforts, 
including how these components would support a 
broader counter improvised explosive device effort 
beyond operations in Afghanistan; and 
(C) consider the enduring need for a Counter-Impro-
vised Explosive Device Operations Integration Center and, 
if determined to be necessary, how this center could be 
most efficiently and effectively integrated into the broader 
Department of Defense intelligence community. 
(3) CONSULTATION.—The Secretary of Defense shall prepare 
the assessment required by paragraph (1) in consultation with 
the Director of National Intelligence and the Chairman of the 
Joint Chiefs of Staff. 
(4) SUBMISSION AND FORM.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit a report containing the results of the assessment 
required by paragraph (1) to the congressional defense commit-
tees, the Permanent Select Committee on Intelligence of the 
House of Representatives, and the Select Committee on Intel-
ligence of the Senate. The report shall be submitted in unclassi-
fied form, but may include a classified annex. 
TITLE XVI—INDUSTRIAL BASE 
MATTERS 
Subtitle A—Defense Industrial Base Matters 
Sec. 1601. Disestablishment of Defense Materiel Readiness Board. 
Deadline. 
Reports. 
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126 STAT. 2061 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 1602. Assessment of effects of foreign boycotts. 
Sec. 1603. National security strategy for national technology and industrial base. 
Subtitle B—Department of Defense Activities Related to Small Business Matters 
Sec. 1611. Role of the directors of small business programs in acquisition processes 
of the Department of Defense. 
Sec. 1612. Small Business Ombudsman for defense audit agencies. 
Sec. 1613. Independent assessment of Federal procurement contracting perform-
ance of the Department of Defense. 
Sec. 1614. Additional responsibilities of Inspector General of the Department of De-
fense. 
Sec. 1615. Restoration of 1 percent funding for administrative expenses of Commer-
cialization Readiness Program of Department of Defense. 
Subtitle C—Matters Relating to Small Business Concerns 
PART I—PROCUREMENT CENTER REPRESENTATIVES 
Sec. 1621. Procurement center representatives. 
Sec. 1622. Small Business Act contracting requirements training. 
Sec. 1623. Acquisition planning. 
PART II—GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS 
CONCERNS 
Sec. 1631. Goals for procurement contracts awarded to small business concerns. 
Sec. 1632. Reporting on goals for procurement contracts awarded to small business 
concerns. 
Sec. 1633. Senior executives. 
PART III—MENTOR-PROTEGE PROGRAMS 
Sec. 1641. Mentor-Protege programs. 
PART IV—TRANSPARENCY IN SUBCONTRACTING 
Sec. 1651. Limitations on subcontracting. 
Sec. 1652. Penalties. 
Sec. 1653. Subcontracting plans. 
Sec. 1654. Notices of subcontracting opportunities. 
Sec. 1655. Publication of certain documents. 
PART V—SMALL BUSINESS CONCERN SIZE STANDARDS 
Sec. 1661. Small business concern size standards. 
PART VI—CONTRACT BUNDLING 
Sec. 1671. Contract bundling. 
PART VII—INCREASED PENALTIES FOR FRAUD 
Sec. 1681. Safe harbor for good faith compliance efforts. 
Sec. 1682. Requirement that fraudulent businesses be suspended or debarred. 
Sec. 1683. Annual report on suspensions and debarments proposed by Small Busi-
ness Administration. 
PART VIII—OFFICES OF SMALL AND DISADVANTAGED BUSINESS UNITS 
Sec. 1691. Offices of Small and Disadvantaged Business Utilization. 
Sec. 1692. Small Business Procurement Advisory Council. 
PART IX—OTHER MATTERS 
Sec. 1695. Surety bonds. 
Sec. 1696. Conforming Amendments; Repeal of redundant provisions; Regulations. 
Sec. 1697. Contracting with small business concerns owned and controlled by 
women. 
Sec. 1698. Small business HUBZones. 
Sec. 1699. National Veterans Business Development Corporation. 
Sec. 1699a. State Trade and Export Promotion Grant Program. 
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126 STAT. 2062 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle A—Defense Industrial Base 
Matters 
SEC. 1601. DISESTABLISHMENT OF DEFENSE MATERIEL READINESS 
BOARD. 
(a) DISESTABLISHMENT OF BOARD.—The Defense Materiel Readi-
ness Board established pursuant to section 871 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 10 U.S.C. 117 note) is hereby disestablished. 
(b) TERMINATION OF DEFENSE STRATEGIC READINESS FUND.— 
The Department of Defense Strategic Readiness Fund established 
by section 872(d) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 117 note) is 
hereby closed. 
(c) REPEAL.—Subtitle G of title VIII of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 
U.S.C. 117 note) is repealed. 
SEC. 1602. ASSESSMENT OF EFFECTS OF FOREIGN BOYCOTTS. 
Section 2505 of title 10, United States Code, is amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following new sub-
section (d): 
‘‘(d) ASSESSMENT OF EXTENT OF EFFECTS OF FOREIGN BOY-
COTTS.—Each assessment under subsection (a) shall include an 
examination of the extent to which the national technology and 
industrial base is affected by foreign boycotts. If it is determined 
that a foreign boycott (other than a boycott addressed in a previous 
assessment) is subjecting the national technology and industrial 
base to significant harm, the assessment shall include a separate 
discussion and presentation regarding that foreign boycott that 
shall, at a minimum— 
‘‘(1) identify the sectors that are subject to such harm; 
‘‘(2) describe the harm resulting from such boycott; and 
‘‘(3) identify actions necessary to minimize the effects of 
such boycott on the national technology and industrial base.’’. 
SEC. 1603. NATIONAL SECURITY STRATEGY FOR NATIONAL TECH-
NOLOGY AND INDUSTRIAL BASE. 
(a) REQUIREMENT FOR STRATEGY.— 
(1) IN GENERAL.—Section 2501 of title 10, United States 
Code, is amended as follows: 
(A) The section heading is amended by striking ‘‘objec-
tives concerning’’ and inserting ‘‘strategy for’’. 
(B) Subsection (a) is amended— 
(i) in the subsection heading, by striking ‘‘OBJEC-
TIVES’’ and inserting ‘‘STRATEGY’’; 
(ii) by striking ‘‘It is the policy of’’ and all that 
follows through ‘‘objectives:’’ and inserting the fol-
lowing: ‘‘The Secretary of Defense shall develop a 
national security strategy for the national technology 
and industrial base. Such strategy shall be based on 
a prioritized assessment of risks and challenges to 
the defense supply chain and shall ensure that the 
national technology and industrial base is capable of 
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126 STAT. 2063 
PUBLIC LAW 112–239—JAN. 2, 2013 
achieving the following national security objectives:’’; 
and 
(iii) by adding at the end the following new para-
graphs: 
‘‘(9) Ensuring reliable sources of materials that are critical 
to national security, such as specialty metals, essential min-
erals, armor plate, and rare earth elements. 
‘‘(10) Reducing, to the maximum extent practicable, the 
presence of counterfeit parts in the supply chain and the risk 
associated with such parts.’’. 
(2) CLERICAL AMENDMENT.—The item relating to section 
2501 in the table of sections at the beginning of subchapter 
II of chapter 148 of such title is amended to read as follows: 
‘‘2501. National security strategy for national technology and industrial base.’’. 
(b) AMENDMENT TO ANNUAL REPORT RELATING TO DEFENSE 
INDUSTRIAL BASE.—Section 2504 of such title is amended— 
(1) by striking paragraph (2); 
(2) by redesignating paragraph (3) as paragraph (2); and 
(3) by inserting after paragraph (2) (as so redesignated) 
the following new paragraph (3): 
‘‘(3) Based on the strategy required by section 2501 of 
this title and on the assessments prepared pursuant to section 
2505 of this title— 
‘‘(A) a description of any mitigation strategies nec-
essary to address any gaps or vulnerabilities in the national 
technology and industrial base; and 
‘‘(B) any other steps necessary to foster and safeguard 
the national technology and industrial base.’’. 
(c) REQUIREMENT FOR CONSIDERATION OF STRATEGY IN ACQUISI-
TION PLANS.—Section 2440 of such title is amended by inserting 
after ‘‘base’’ the following: ‘‘, in accordance with the strategy 
required by section 2501 of this title,’’. 
(d) CONFORMING AMENDMENTS.—Section 852 of the National 
Defense Authorization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1517; 10 U.S.C. 2504 note) is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as subsection (c), and 
in that subsection by striking ‘‘subsection (c).’’ in the first 
sentence and inserting ‘‘section 2501 of title 10, United States 
Code.’’. 
Subtitle B—Department of Defense Activi-
ties Related to Small Business Matters 
SEC. 1611. ROLE OF THE DIRECTORS OF SMALL BUSINESS PROGRAMS 
IN ACQUISITION PROCESSES OF THE DEPARTMENT OF 
DEFENSE. 
(a) GUIDANCE
REQUIRED.—The Secretary of Defense shall 
develop and issue guidance to ensure that the head of each Office 
of Small Business Programs of the Department of Defense is a 
participant as early as practicable in the acquisition processes— 
(1) of the Department, in the case of the Director of Small 
Business Programs in the Department of Defense; and 
(2) of the military department concerned, in the case of 
the Director of Small Business Programs in the Department 
10 USC 144 note. 
10 USC 
prec. 2501. 
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PUBLIC LAW 112–239—JAN. 2, 2013 
of the Army, in the Department of the Navy, and in the Depart-
ment of the Air Force. 
(b) MATTERS TO BE INCLUDED.—Such guidance shall, at a min-
imum— 
(1) require the Director of Small Business Programs in 
the Department of Defense— 
(A) to provide advice to the Defense Acquisition Board; 
and 
(B) to provide advice to the Information Technology 
Acquisition Board; and 
(2) require coordination between the chiefs of staff of the 
Armed Forces and the service acquisition executives, as appro-
priate (or their designees), and the Director of Small Business 
Programs in each military department as early as practical 
in the relevant acquisition processes. 
SEC. 1612. SMALL BUSINESS OMBUDSMAN FOR DEFENSE AUDIT AGEN-
CIES. 
(a) SMALL BUSINESS OMBUDSMAN.—Subchapter II of chapter 
8 of title 10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 204. Small Business Ombudsman for defense audit agen-
cies 
‘‘(a) SMALL BUSINESS OMBUDSMAN.—The Secretary of Defense 
shall designate within each defense audit agency an official as 
the Small Business Ombudsman to have the duties described in 
subsection (b) and such other responsibilities as may be determined 
by the Secretary. 
‘‘(b) DUTIES.—The Small Business Ombudsman of a defense 
audit agency shall— 
‘‘(1) advise the Director of the defense audit agency on 
policy issues related to small business concerns; 
‘‘(2) serve as the defense audit agency’s primary point of 
contact and source of information for small business concerns; 
‘‘(3) collect and monitor relevant data regarding the defense 
audit agency’s conduct of audits of small business concerns, 
including— 
‘‘(A) data regarding the timeliness of audit closeouts 
for small business concerns; and 
‘‘(B) data regarding the responsiveness of the defense 
audit agency to issues or other matters raised by small 
business concerns; and 
‘‘(4) make recommendations to the Director regarding poli-
cies, processes, and procedures related to the timeliness of 
audits of small business concerns and the responsiveness of 
the defense audit agency to issues or other matters raised 
by small business concerns. 
‘‘(c) AUDIT INDEPENDENCE.—The Small Business Ombudsman 
of a defense audit agency shall be segregated from ongoing audits 
in the field and shall not engage in activities with regard to par-
ticular audits that could compromise the independence of the 
defense audit agency or undermine compliance with applicable audit 
standards. 
‘‘(d) DEFENSE AUDIT AGENCY DEFINED.—In this section, the 
term ‘defense audit agency’ means the Defense Contract Audit 
Agency and the Defense Contract Management Agency.’’. 
Designation. 
10 USC 204. 
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PUBLIC LAW 112–239—JAN. 2, 2013 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter II of chapter 8 of such title is amended by 
inserting after the item relating to section 203 the following new 
item: 
‘‘204. Small Business Ombudsman for defense audit agencies.’’. 
SEC. 1613. INDEPENDENT ASSESSMENT OF FEDERAL PROCUREMENT 
CONTRACTING PERFORMANCE OF THE DEPARTMENT OF 
DEFENSE. 
(a) ASSESSMENT REQUIRED.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
select an appropriate entity to conduct an independent assessment 
of the procurement performance of the Department of Defense 
related to small business concerns. 
(b) MATTERS COVERED.—The assessment under subsection (a) 
shall, at a minimum, include an examination of— 
(1) the industrial composition of companies receiving sub-
contracts pursuant to the test program for the negotiation 
of comprehensive small business subcontracting plans pursuant 
to section 834 of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101–189; 15 U.S.C. 
637 note), compared to the industrial composition of other con-
tractors in the defense industrial base; 
(2) the quality and reliability of data on small business 
prime contracting and subcontracting by the Department, and 
the reliability of the information technology systems that the 
Department uses to track such data; 
(3) the negotiation and execution of small business subcon-
tracting plans, and the degree to which proposed teaming agree-
ments are or are not maintained through the performance 
of contracts; 
(4) the extent to which the Department adheres to current 
policies and guidelines relating to small business prime con-
tracting and subcontracting goals; 
(5) the extent to which the Department bundles, consoli-
dates, or otherwise groups requirements into contracts that 
are unsuitable for award to small business concerns, the extent 
to which such bundling, consolidation, or grouping of require-
ments is justified, and the effects that such practices have 
on small business participation in contracting opportunities 
with the Department; 
(6) the degree to which abuses of small business contracting 
and subcontracting programs result in contracts and sub-
contracts intended for small business concerns not being 
awarded to small business concerns; and 
(7) an examination of the transition challenges faced by 
businesses that graduate from small business programs or grow 
to exceed the size standards for participation in such programs, 
along with specific recommendations on steps that should be 
taken to help ensure the continued health and growth of such 
businesses. 
(c) REPORT.—Not later than January 1, 2014, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the independent assessment conducted under this sec-
tion. The report shall include the findings and recommendations 
of the assessment, together with any recommendations that the 
Secretary may have for improving the Department’s small business 
Deadline. 
10 USC 
prec. 201. 
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126 STAT. 2066 
PUBLIC LAW 112–239—JAN. 2, 2013 
contracting practices and addressing any shortcomings identified 
by the assessment. 
SEC. 1614. ADDITIONAL RESPONSIBILITIES OF INSPECTOR GENERAL 
OF THE DEPARTMENT OF DEFENSE. 
(a) REQUIREMENT FOR EXTERNAL PEER REVIEWS.—Section 8(c) 
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph (8); 
(2) by striking the period and inserting ‘‘; and’’ at the 
end of paragraph (9); and 
(3) by adding at the end the following new paragraph: 
‘‘(10) conduct, or approve arrangements for the conduct 
of, external peer reviews of Department of Defense audit agen-
cies in accordance with and in such frequency as provided 
by Government auditing standards as established by the Comp-
troller General of the United States.’’. 
(b) REQUIREMENT
FOR
ADDITIONAL
INFORMATION
IN
SEMI-
ANNUAL REPORTS.—Section 8(f) of such Act is amended by striking 
paragraph (1) and inserting the following: 
‘‘(1) Each semiannual report prepared by the Inspector General 
of the Department of Defense under section 5(a) shall be transmitted 
by the Secretary of Defense to the Committees on Armed Services 
and on Homeland Security and Governmental Affairs of the Senate 
and the Committees on Armed Services and on Oversight and 
Government Reform of the House of Representatives and to other 
appropriate committees or subcommittees of Congress. Each such 
report shall include— 
‘‘(A) information concerning the numbers and types of con-
tract audits conducted by the Department during the reporting 
period; and 
‘‘(B) information concerning any Department of Defense 
audit agency that, during the reporting period, has either 
received a failed opinion from an external peer review or is 
overdue for an external peer review required to be conducted 
in accordance with subsection (c)(10).’’. 
SEC. 1615. RESTORATION OF 1 PERCENT FUNDING FOR ADMINISTRA-
TIVE EXPENSES OF COMMERCIALIZATION READINESS 
PROGRAM OF DEPARTMENT OF DEFENSE. 
(a) RESTORATION.—Section 9(y) of the Small Business Act (15 
U.S.C. 638(y)), as amended by section 5141(b)(1)(B) of the National 
Defense Authorization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1853) is amended— 
(1) by redesignating paragraphs (4) and (5) as paragraphs 
(5) and (6), respectively; and 
(2) by inserting after paragraph (3) the following new para-
graph (4): 
‘‘(4) FUNDING.—For payment of expenses incurred to admin-
ister the Commercialization Readiness Program under this sub-
section, the Secretary of Defense and each Secretary of a mili-
tary department is authorized to use not more than an amount 
equal to 1 percent of the funds available to the Department 
of Defense or the military department pursuant to the Small 
Business Innovation Research Program. Such funds shall not 
be used to make Phase III awards.’’. 
(b) TECHNICAL
AMENDMENT.—Section 5141(b)(3)(B) of the 
National Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81; 125 Stat. 1854) is amended by striking ‘‘subsection 
5 USC app. 8. 
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PUBLIC LAW 112–239—JAN. 2, 2013 
(y)—’’ and all that follows through ‘‘the following:’’ and inserting 
‘‘subsection (y), by amending paragraph (4) to read as follows:’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect as of January 1, 2012. 
Subtitle C—Matters Relating to Small 
Business Concerns 
PART I—PROCUREMENT CENTER 
REPRESENTATIVES 
SEC. 1621. PROCUREMENT CENTER REPRESENTATIVES. 
(a) IN GENERAL.—Section 15(l) of the Small Business Act (15 
U.S.C. 644(l)) is amended by striking the subsection enumerator 
and inserting the following: 
‘‘(l) PROCUREMENT CENTER REPRESENTATIVES.—’’. 
(b) ASSIGNMENT AND ROLE.—Paragraph (1) of section 15(l) of 
such Act (15 U.S.C. 644(l)) is amended to read as follows: 
‘‘(1) ASSIGNMENT
AND
ROLE.—The Administrator shall 
assign to each major procurement center a procurement center 
representative with such assistance as may be appropriate.’’. 
(c) ACTIVITIES.—Section 15(l)(2) of such Act (15 U.S.C. 644(l)(2)) 
is amended— 
(1) in the matter preceding subparagraph (A), by striking 
‘‘(2) In addition to carrying out the responsibilities assigned 
by the Administration, a breakout’’ and inserting the following: 
‘‘(2) ACTIVITIES.—A’’; 
(2) in subparagraph (B)— 
(A) by striking ‘‘(B) review, at any time, restrictions 
on competition’’ and inserting the following: 
‘‘(B) review, at any time, barriers to small business 
participation in Federal contracting’’; 
(B) by striking ‘‘items’’ and inserting ‘‘goods and serv-
ices’’; and 
(C) by striking ‘‘limitations’’ and inserting ‘‘barriers’’; 
(3) in subparagraph (C), by striking ‘‘(C) review restrictions 
on competition’’ and inserting the following: 
‘‘(C) review barriers to small business participation 
in Federal contracting’’; 
(4) by striking subparagraph (D) and inserting the fol-
lowing: 
‘‘(D) review any bundled or consolidated solicitation 
or contract in accordance with this Act;’’; 
(5) by striking subparagraph (E) and inserting the fol-
lowing: 
‘‘(E) have access to procurement records and other 
data of the procurement center commensurate with the 
level of such representative’s approved security clearance 
classification, with such data provided upon request in 
electronic format, when available;’’; and 
(6) by striking subparagraphs (F) and (G) and inserting 
the following: 
‘‘(F) receive unsolicited proposals from small business 
concerns and transmit such proposals to personnel of the 
activity responsible for reviewing such proposals, who shall 
15 USC 638 note. 
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PUBLIC LAW 112–239—JAN. 2, 2013 
furnish the procurement center representative with 
information regarding the disposition of any such proposal; 
‘‘(G) consult with the Director the Office of Small and 
Disadvantaged Business Utilization of that agency and the 
agency personnel described in paragraph (7) and (8) of 
subsection (k) with regard to agency insourcing decisions 
covered by subsection (k)(11); 
‘‘(H) be an advocate for the maximum practicable utili-
zation of small business concerns in Federal contracting, 
including by advocating against the consolidation or bun-
dling of contract requirements when not justified; and 
‘‘(I) carry out any other responsibility assigned by the 
Administrator.’’. 
(d) APPEALS.—Section 15(l)(3) of such Act (15 U.S.C. 644(l)(3)) 
is amended by striking ‘‘(3) A breakout procurement center rep-
resentative’’ and inserting the following: 
‘‘(3) APPEALS.—A procurement center representative’’. 
(e) ASSIGNMENT
TO MAJOR PROCUREMENT CENTERS.—Para-
graph (4) of section 15(l) of such Act (15 U.S.C. 644(l)) is amended 
by striking ‘‘breakout procurement center representative’’ and 
inserting ‘‘procurement center representative’’. 
(f) POSITION REQUIREMENTS.—Section 15(l)(5) of such Act (15 
U.S.C. 644(l)(5)) is amended— 
(1) by striking the paragraph enumerator and inserting 
the following: 
‘‘(5) POSITION REQUIREMENTS.—’’; 
(2) by striking subparagraphs (A) and (B) and inserting 
the following: 
‘‘(A) IN GENERAL.—A procurement center representa-
tive assigned under this subsection shall— 
‘‘(i) be a full-time employee of the Administration; 
‘‘(ii) be fully qualified, technically trained, and 
familiar with the goods and services procured by the 
major procurement center to which that representative 
is assigned; and 
‘‘(iii) have a Level III Federal Acquisition Certifi-
cation in Contracting (or any successor certification) 
or the equivalent Department of Defense certification, 
except that any person serving in such a position on 
the date of enactment of this clause may continue 
to serve in that position for a period of 5 years without 
the required certification.’’; and 
(3) in subparagraph (C) by striking ‘‘(C) The Administration 
shall establish personnel positions for breakout procurement 
representatives and advisers assigned pursuant to’’ and 
inserting the following: 
‘‘(B) COMPENSATION.—The Administrator shall estab-
lish personnel positions for procurement center representa-
tives assigned under’’. 
(g) MAJOR PROCUREMENT CENTER DEFINED.—Section 15(l)(6) 
of such Act (15 U.S.C. 644(l)(6)) is amended— 
(1) by striking ‘‘(6) For purposes’’ and inserting the fol-
lowing: 
‘‘(6) MAJOR
PROCUREMENT
CENTER
DEFINED.—For pur-
poses’’; and 
(2) by striking ‘‘other than commercial items and which 
has the potential to incur significant savings as the result 
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126 STAT. 2069 
PUBLIC LAW 112–239—JAN. 2, 2013 
of the placement of a breakout procurement center representa-
tive’’ and inserting ‘‘goods or services, including goods or serv-
ices that are commercially available’’. 
(h) TRAINING.—Section 15(l)(7) of such Act (15 U.S.C. 644(l)(7)) 
is amended— 
(1) by striking the paragraph enumerator and inserting 
the following: 
‘‘(7) TRAINING.—’’; 
(2) in subparagraph (A) by striking ‘‘(A) At such times’’ 
and inserting the following: 
‘‘(A) AUTHORIZATION.—At such times’’. 
(3) in subparagraph (B)— 
(A) by striking ‘‘(B) The breakout procurement center 
representative’’ and inserting the following: 
‘‘(8) ANNUAL BRIEFING AND REPORT.—A procurement center 
representative’’; and 
(B) by striking ‘‘sixty’’ and inserting ‘‘60’’; and 
(4) by inserting after subparagraph (A) the following: 
‘‘(B) LIMITATION.—A procurement center representative 
may provide training under subparagraph (A) only to the 
extent that the training does not interfere with the rep-
resentative carrying out other activities under this sub-
section.’’. 
SEC. 1622. SMALL BUSINESS ACT CONTRACTING REQUIREMENTS 
TRAINING. 
(a) ESTABLISHMENT.—Not later than 1 year after the date of 
enactment of this part, the Defense Acquisition University and 
the Federal Acquisition Institute shall each provide a course on 
contracting requirements under the Small Business Act, including 
the requirements for small business concerns owned and controlled 
by service-disabled veterans, qualified HUBZone small business 
concerns, small business concerns owned and controlled by socially 
and economically disadvantaged individuals, and small business 
concerns owned and controlled by women. 
(b) COURSE REQUIRED.—To have a Federal Acquisition Certifi-
cation in Contracting (or any successor certification) or the equiva-
lent Department of Defense certification an individual shall be 
required to complete the course established under subsection (a). 
(c) REQUIREMENT THAT BUSINESS OPPORTUNITY SPECIALISTS 
BE CERTIFIED.—Section 7(j)(10)(D)(i) of the Small Business Act 
(15 U.S.C. 636(j)(10)(D)(i)) is amended by inserting after ‘‘to assist 
such Program Participant.’’ the following: ‘‘The Business Oppor-
tunity Specialist shall have a Level I Federal Acquisition Certifi-
cation in Contracting (or any successor certification) or the equiva-
lent Department of Defense certification, except that a Business 
Opportunity Specialist serving at the time of the date of enactment 
of the National Defense Authorization Act for Fiscal Year 2013 
may continue to serve as a Business Opportunity Specialist for 
a period of 5 years beginning on that date of enactment without 
such a certification.’’. 
SEC. 1623. ACQUISITION PLANNING. 
Section 15(e)(1) of the Small Business Act (15 U.S.C. 644(e)(1)) 
is amended— 
(1) by striking ‘‘the various agencies’’ and inserting ‘‘a 
Federal department or agency’’; and 
Time period. 
15 USC 631 note. 
Deadline. 
15 USC 631 note. 
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126 STAT. 2070 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) by striking the period and inserting ‘‘, and each such 
Federal department or agency shall— 
‘‘(A) provide opportunities for the participation of small 
business concerns during acquisition planning processes 
and in acquisition plans; and 
‘‘(B) invite the participation of the appropriate Director 
of Small and Disadvantaged Business Utilization in 
acquisition planning processes and provide that Director 
access to acquisition plans.’’. 
PART II—GOALS FOR PROCUREMENT CON-
TRACTS AWARDED TO SMALL BUSINESS 
CONCERNS 
SEC. 1631. GOALS FOR PROCUREMENT CONTRACTS AWARDED TO 
SMALL BUSINESS CONCERNS. 
(a) GOVERNMENTWIDE GOALS.—Paragraph (1) of section 15(g) 
of the Small Business Act (15 U.S.C. 644(g)) is amended to read 
as follows: 
‘‘(1) GOVERNMENTWIDE GOALS.— 
‘‘(A) ESTABLISHMENT.—The President shall annually 
establish Governmentwide goals for procurement contracts 
awarded to small business concerns, small business con-
cerns owned and controlled by service-disabled veterans, 
qualified HUBZone small business concerns, small business 
concerns owned and controlled by socially and economically 
disadvantaged individuals, and small business concerns 
owned and controlled by women in accordance with the 
following: 
‘‘(i) The Governmentwide goal for participation by 
small business concerns shall be established at not 
less than 23 percent of the total value of all prime 
contract awards for each fiscal year. 
‘‘(ii) The Governmentwide goal for participation 
by small business concerns owned and controlled by 
service-disabled veterans shall be established at not 
less than 3 percent of the total value of all prime 
contract and subcontract awards for each fiscal year. 
‘‘(iii) The Governmentwide goal for participation 
by qualified HUBZone small business concerns shall 
be established at not less than 3 percent of the total 
value of all prime contract and subcontract awards 
for each fiscal year. 
‘‘(iv) The Governmentwide goal for participation 
by small business concerns owned and controlled by 
socially and economically disadvantaged individuals 
shall be established at not less than 5 percent of the 
total value of all prime contract and subcontract 
awards for each fiscal year. 
‘‘(v) The Governmentwide goal for participation by 
small business concerns owned and controlled by 
women shall be established at not less than 5 percent 
of the total value of all prime contract and subcontract 
awards for each fiscal year. 
‘‘(B) ACHIEVEMENT OF GOVERNMENTWIDE GOALS.—Each 
agency shall have an annual goal that presents, for that 
President. 
Deadline. 
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126 STAT. 2071 
PUBLIC LAW 112–239—JAN. 2, 2013 
agency, the maximum practicable opportunity for small 
business concerns, small business concerns owned and con-
trolled by service-disabled veterans, qualified HUBZone 
small business concerns, small business concerns owned 
and controlled by socially and economically disadvantaged 
individuals, and small business concerns owned and con-
trolled by women to participate in the performance of con-
tracts let by such agency. The Small Business Administra-
tion and the Administrator for Federal Procurement Policy 
shall, when exercising their authority pursuant to para-
graph (2), insure that the cumulative annual prime contract 
goals for all agencies meet or exceed the annual 
Governmentwide prime contract goal established by the 
President pursuant to this paragraph.’’. 
(b) AMENDMENTS
TO
THE SMALL BUSINESS ACT.—Paragraph 
(2) of section 15(g) of the Small Business Act (15 U.S.C. 644(g)) 
is amended— 
(1) in subparagraph (A), by adding at the end the following: 
‘‘Such goals shall separately address prime contract awards 
and subcontract awards for each category of small business 
covered.’’; 
(2) in subparagraph (D), by striking ‘‘For the purpose of 
establishing goals under this subsection’’ and all that follows 
through the end of that subparagraph, and inserting the fol-
lowing: ‘‘After establishing goals under this paragraph for a 
fiscal year, the head of each Federal agency shall develop 
a plan for achieving such goals at both the prime contract 
and the subcontract level, which shall apportion responsibilities 
among the agency’s acquisition executives and officials. In 
establishing goals under this paragraph, the head of each Fed-
eral agency shall make a consistent effort to annually expand 
participation by small business concerns from each industry 
category in procurement contracts and subcontracts of such 
agency, including participation by small business concerns 
owned and controlled by service-disabled veterans, qualified 
HUBZone small business concerns, small business concerns 
owned and controlled by socially and economically disadvan-
taged individuals, and small business concerns owned and con-
trolled by women.’’; and 
(3) by striking subparagraphs (E) and (F) and inserting 
the following: 
‘‘(E) The head of each Federal agency, in attempting 
to attain expanded participation under subparagraph (D), 
shall consider— 
‘‘(i) contracts awarded as the result of unrestricted 
competition; and 
‘‘(ii) contracts awarded after competition restricted 
to eligible small business concerns under this section 
and under the program established under section 8(a). 
‘‘(F)(i) Each procurement employee or program man-
ager described in clause (ii) shall communicate to the 
subordinates of the procurement employee or program man-
ager the importance of achieving goals established under 
subparagraph (A). 
‘‘(ii) A procurement employee or program manager 
described in this clause is a senior procurement executive, 
Plans. 
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126 STAT. 2072 
PUBLIC LAW 112–239—JAN. 2, 2013 
senior program manager, or Director of Small and Dis-
advantaged Business Utilization of a Federal agency having 
contracting authority.’’. 
(c) ADDITIONAL REQUIREMENTS.—Not later than 180 days after 
the date of the enactment of this part, the Administrator of the 
Small Business Administration shall review and revise the Goaling 
Guidelines for the Small Business Preference Programs for Prime 
and Subcontract Federal Procurement Goals and Achievements to 
the extent necessary to ensure that— 
(1) agency subcontracting goals are established on the basis 
of realistically achievable improvements to levels of subcon-
tracting rather than on the basis of an average of previous 
years’ subcontracting performance; 
(2) agency contracting and subcontracting goals are estab-
lished in a manner that does not exclude categories of contracts 
on the basis of— 
(A) the type of goods or services for which the agency 
contracts; 
(B) in the case of contracts subject to competitive proce-
dures under chapter 33 of title 41, United States Code— 
(i) whether or not funding for the contracts is 
made directly available to the agency by an Appropria-
tions Act or is made available by reimbursement from 
another agency or account; or 
(ii) whether or not the contract is subject to the 
Federal Acquisition Regulation; and 
(3) whenever an agency contracting or subcontracting goal 
is established at a level lower than the Governmentwide goal 
for small business concerns or the relevant category of small 
business concerns, the Administration is required to document 
the basis for the decision to establish such lower goal. 
(d) ASSESSMENT REQUIRED.—Not later than 60 days after the 
date of the enactment of this part, the Chief Counsel for Advocacy 
of the Small Business Administration shall enter into a contract 
with an appropriate entity to conduct an independent assessment 
of the small business procurement goals established in section 15(g) 
of the Small Business Act. 
(1) COORDINATION WITH DEPARTMENT OF DEFENSE.—To the 
extent practicable, the Administrator shall coordinate this 
assessment with the Secretary of Defense, to avoid unnecessary 
duplication with the assessment required by section 1613 of 
this title. 
(2) MATTERS COVERED.—The assessment under this sub-
section shall, at a minimum, include— 
(A) a description of the industrial composition of 
companies receiving prime contracts and subcontracts with 
the Federal Government; 
(B) a description of the industrial composition of 
domestic small business concerns, small business concerns 
owned and controlled by service-disabled veterans, qualified 
HUBZone small business concerns, small business concerns 
owned and controlled by socially and economically dis-
advantaged individuals, and small business concerns owned 
and controlled by women; 
(C) a comparison of the industrial composition of prime 
contractors and subcontractors participating in Federal con-
tracting and the industrial composition of domestic small 
Deadline. 
Deadline. 
Review. 
Revision. 
15 USC 644 note. 
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126 STAT. 2073 
PUBLIC LAW 112–239—JAN. 2, 2013 
business concerns, small business concerns owned and con-
trolled by service-disabled veterans, qualified HUBZone 
small business concerns, small business concerns owned 
and controlled by socially and economically disadvantaged 
individuals, and small business concerns owned and con-
trolled by women; 
(D) a determination of barriers to accurately capturing 
data on small business prime contracting and subcon-
tracting, including an examination of the reliability of 
information technology systems used by more than one 
Federal agency to track such data; 
(E) recommendations for improving the quality and 
availability of data regarding small business prime con-
tracting and subcontracting performance; 
(F) recommendations to improve and inform the 
establishment of the goals in section 15(g) of the Small 
Business Act, including: 
(i) alternate methodologies for establishing the 
goals; 
(ii) determining which contracts should be subject 
to the goals; 
(iii) methods for improving the correlation of cur-
rent goaling practices with the health of the industrial 
base; and 
(iv) methods of allocating goals between Federal 
agencies; and 
(G) barriers within Federal procurement practices that 
inhibit the maximum practicable utilization of domestic 
small business concerns, small business concerns owned 
and controlled by service-disabled veterans, qualified 
HUBZone small business concerns, small business concerns 
owned and controlled by socially and economically dis-
advantaged individuals, and small business concerns owned 
and controlled by women. 
SEC. 1632. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS 
AWARDED TO SMALL BUSINESS CONCERNS. 
Subsection (h) of section 15 of the Small Business Act (15 
U.S.C. 644) is amended to read as follows: 
‘‘(h) REPORTING
ON
GOALS
FOR
PROCUREMENT
CONTRACTS 
AWARDED TO SMALL BUSINESS CONCERNS.— 
‘‘(1) AGENCY
REPORTS.—At the conclusion of each fiscal 
year, the head of each Federal agency shall submit to the 
Administrator a report describing— 
‘‘(A) the extent of the participation by small business 
concerns, small business concerns owned and controlled 
by veterans (including service-disabled veterans), qualified 
HUBZone small business concerns, small business concerns 
owned and controlled by socially and economically dis-
advantaged individuals, and small business concerns owned 
and controlled by women in the procurement contracts 
of such agency during such fiscal year; 
‘‘(B) whether the agency achieved the goals established 
for the agency under subsection (g)(2) with respect to such 
fiscal year; and 
‘‘(C) any justifications for a failure to achieve such 
goals. 
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126 STAT. 2074 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) REPORTS BY ADMINISTRATOR.—Not later than 60 days 
after receiving a report from each Federal agency under para-
graph (1) with respect to a fiscal year, the Administrator shall 
submit to the President and Congress, and to make available 
on a public Web site, a report that includes— 
‘‘(A) a copy of each report submitted to the Adminis-
trator under paragraph (1); 
‘‘(B) a determination of whether each goal established 
by the President under subsection (g)(1) for such fiscal 
year was achieved; 
‘‘(C) a determination of whether each goal established 
by the head of a Federal agency under subsection (g)(2) 
for such fiscal year was achieved; 
‘‘(D) the reasons for any failure to achieve a goal estab-
lished under paragraph (1) or (2) of subsection (g) for 
such fiscal year and a description of actions planned by 
the applicable agency to address such failure, including 
the Administrator’s comments and recommendations on the 
proposed remediation plan; and 
‘‘(E) for the Federal Government and each Federal 
agency, an analysis of the number and dollar amount of 
prime contracts awarded during such fiscal year to— 
‘‘(i) small business concerns— 
‘‘(I) in the aggregate; 
‘‘(II) through sole source contracts; 
‘‘(III) through competitions restricted to small 
business concerns; and 
‘‘(IV) through unrestricted competition; 
‘‘(ii) small business concerns owned and controlled 
by service-disabled veterans— 
‘‘(I) in the aggregate; 
‘‘(II) through sole source contracts; 
‘‘(III) through competitions restricted to small 
business concerns; 
‘‘(IV) through competitions restricted to small 
business concerns owned and controlled by service- 
disabled veterans; and 
‘‘(V) through unrestricted competition; 
‘‘(iii) qualified HUBZone small business concerns— 
‘‘(I) in the aggregate; 
‘‘(II) through sole source contracts; 
‘‘(III) through competitions restricted to small 
business concerns; 
‘‘(IV) through competitions restricted to quali-
fied HUBZone small business concerns; 
‘‘(V) through unrestricted competition where 
a price evaluation preference was used; and 
‘‘(VI) through unrestricted competition where 
a price evaluation preference was not used; 
‘‘(iv) small business concerns owned and controlled 
by socially and economically disadvantaged individ-
uals— 
‘‘(I) in the aggregate; 
‘‘(II) through sole source contracts; 
‘‘(III) through competitions restricted to small 
business concerns; 
Web posting. 
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126 STAT. 2075 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(IV) through competitions restricted to small 
business concerns owned and controlled by socially 
and economically disadvantaged individuals; 
‘‘(V) through unrestricted competition; and 
‘‘(VI) by reason of that concern’s certification 
as a small business owned and controlled by 
socially and economically disadvantaged individ-
uals; 
‘‘(v) small business concerns owned by an Indian 
tribe (as such term is defined in section 8(a)(13)) other 
than an Alaska Native Corporation— 
‘‘(I) in the aggregate; 
‘‘(II) through sole source contracts; 
‘‘(III) through competitions restricted to small 
business concerns; 
‘‘(IV) through competitions restricted to small 
business concerns owned and controlled by socially 
and economically disadvantaged individuals; and 
‘‘(V) through unrestricted competition; 
‘‘(vi) small business concerns owned by a Native 
Hawaiian Organization— 
‘‘(I) in the aggregate; 
‘‘(II) through sole source contracts; 
‘‘(III) through competitions restricted to small 
business concerns; 
‘‘(IV) through competitions restricted to small 
business concerns owned and controlled by socially 
and economically disadvantaged individuals; and 
‘‘(V) through unrestricted competition; 
‘‘(vii) small business concerns owned by an Alaska 
Native Corporation— 
‘‘(I) in the aggregate; 
‘‘(II) through sole source contracts; 
‘‘(III) through competitions restricted to small 
business concerns; 
‘‘(IV) through competitions restricted to small 
business concerns owned and controlled by socially 
and economically disadvantaged individuals; and 
‘‘(V) through unrestricted competition; and 
‘‘(viii) small business concerns owned and con-
trolled by women— 
‘‘(I) in the aggregate; 
‘‘(II) through competitions restricted to small 
business concerns; 
‘‘(III) through competitions restricted using the 
authority under section 8(m)(2); 
‘‘(IV) through competitions restricted using the 
authority under section 8(m)(2) and in which the 
waiver authority under section 8(m)(3) was used; 
and 
‘‘(V) through unrestricted competition; and 
‘‘(F) for the Federal Government, the number, dollar 
amount, and distribution with respect to the North Amer-
ican 
Industry 
Classification 
System 
of 
subcontracts 
awarded during such fiscal year to small business concerns, 
small business concerns owned and controlled by service- 
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126 STAT. 2076 
PUBLIC LAW 112–239—JAN. 2, 2013 
disabled veterans, qualified HUBZone small business con-
cerns, small business concerns owned and controlled by 
socially and economically disadvantaged individuals, and 
small business concerns owned and controlled by women, 
provided that such information is publicly available 
through data systems developed pursuant to the Federal 
Funding Accountability and Transparency Act of 2006 
(Public Law 109–282), or otherwise available as provided 
in paragraph (3). 
‘‘(3) ACCESS TO DATA.— 
‘‘(A) FEDERAL PROCUREMENT DATA SYSTEM.—To assist 
in the implementation of this section, the Administration 
shall have access to information collected through the Fed-
eral Procurement Data System, Federal Subcontracting 
Reporting System, or any new or successor system. 
‘‘(B) AGENCY PROCUREMENT DATA SOURCES.—To assist 
in the implementation of this section, the head of each 
contracting agency shall provide, upon request of the 
Administration, procurement information collected through 
agency data collection sources in existence at the time 
of the request. Contracting agencies shall not be required 
to establish new data collection systems to provide such 
data.’’. 
SEC. 1633. SENIOR EXECUTIVES. 
(a) TRAINING.—Programs established for the development of 
senior executives under section 3396(a) of title 5, United States 
Code, shall include training with respect to Federal procurement 
requirements, including contracting requirements under the Small 
Business Act (15 U.S.C. 631 et seq.). 
(b) RESPONSIBILITY FOR ACHIEVING SMALL BUSINESS GOALS.— 
The head of an agency shall take steps to ensure that members 
of the senior executive service, as defined under section 3396(a) 
of title 5, United States Code, responsible for acquisition, other 
senior officials responsible for acquisition, and other members of 
the senior executive service, as appropriate, assume responsibility 
for of the agency’s success in achieving small business contracting 
goals and percentages by— 
(1) promoting a climate or environment that is responsive 
to small business concerns; 
(2) communicating the importance of achieving the agency’s 
small business contracting goals; and 
(3) encouraging small business awareness, outreach, and 
support. 
(c) DEFINITIONS.—In this section the term ‘‘responsible for 
acquisition’’, with respect to a member of the senior executive 
service or other senior official, means such a member or official 
who acquires services or supplies, directs agency organizations to 
acquire services or supplies, oversees acquisition officials, including 
program managers, contracting officers, and other acquisition 
workforce personnel responsible for formulating and approving 
acquisition strategies and plans. 
PART III—MENTOR-PROTEGE PROGRAMS 
SEC. 1641. MENTOR-PROTEGE PROGRAMS. 
The Small Business Act (15 U.S.C. 631 et seq.) is amended— 
15 USC 631 note. 
15 USC 631 note. 
15 USC 631 note. 
5 USC 3396 note. 
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126 STAT. 2077 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) by redesignating section 45 as section 47; and 
(2) by inserting after section 44 the following: 
‘‘SEC. 45. MENTOR-PROTEGE PROGRAMS. 
‘‘(a) ADMINISTRATION PROGRAM.— 
‘‘(1) AUTHORITY.—The Administrator is authorized to estab-
lish a mentor-protege program for all small business concerns. 
‘‘(2) MODEL FOR PROGRAM.—The mentor-protege program 
established under paragraph (1) shall be identical to the 
mentor-protege program of the Administration for small busi-
ness concerns that participate in the program under section 
8(a) (as in effect on the date of enactment of this section), 
except that the Administrator may modify the program to the 
extent necessary given the types of small business concerns 
included as proteges. 
‘‘(b) PROGRAMS OF OTHER AGENCIES.— 
‘‘(1) APPROVAL REQUIRED.—Except as provided in paragraph 
(4), a Federal department or agency may not carry out a 
mentor-protege program for small business concerns unless— 
‘‘(A) the head of the department or agency submits 
a plan to the Administrator for the program; and 
‘‘(B) the Administrator approves such plan. 
‘‘(2) BASIS FOR APPROVAL.—The Administrator shall approve 
or disapprove a plan submitted under paragraph (1) based 
on whether the program proposed— 
‘‘(A) will assist proteges to compete for Federal prime 
contracts and subcontracts; and 
‘‘(B) complies with the regulations issued under para-
graph (3). 
‘‘(3) REGULATIONS.—Not later than 270 days after the date 
of enactment of this section, the Administrator shall issue, 
subject to notice and comment, regulations with respect to 
mentor-protege programs, which shall ensure that such pro-
grams improve the ability of proteges to compete for Federal 
prime contracts and subcontracts and which shall address, 
at a minimum, the following: 
‘‘(A) Eligibility criteria for program participants, 
including any restrictions on the number of mentor-protege 
relationships permitted for each participant. 
‘‘(B) The types of developmental assistance to be pro-
vided by mentors, including how the assistance provided 
shall improve the competitive viability of the proteges. 
‘‘(C) Whether any developmental assistance provided 
by a mentor may affect the status of a program participant 
as a small business concern due to affiliation. 
‘‘(D) The length of mentor-protege relationships. 
‘‘(E) The effect of mentor-protege relationships on con-
tracting. 
‘‘(F) Benefits that may accrue to a mentor as a result 
of program participation. 
‘‘(G) Reporting requirements during program participa-
tion. 
‘‘(H) Postparticipation reporting requirements. 
‘‘(I) The need for a mentor-protege pair, if accepted 
to participate as a pair in a mentor-protege program of 
any Federal department or agency, to be accepted to partici-
pate as a pair in all Federal mentor-protege programs. 
Deadline. 
Plans. 
15 USC 657r. 
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126 STAT. 2078 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(J) Actions to be taken to ensure benefits for proteges 
and to protect a protege against actions by a mentor that— 
‘‘(i) may adversely affect the protege’s status as 
a small business concern; or 
‘‘(ii) provide disproportionate economic benefits to 
the mentor relative to those provided the protege. 
‘‘(4) LIMITATION ON APPLICABILITY.—Paragraph (1) does not 
apply to the following: 
‘‘(A) Any mentor-protege program of the Department 
of Defense. 
‘‘(B) Any mentoring assistance provided under a Small 
Business Innovation Research Program or a Small Business 
Technology Transfer Program. 
‘‘(C) Until the date that is 1 year after the date on 
which the Administrator issues regulations under para-
graph (3), any Federal department or agency operating 
a mentor-protege program in effect on the date of enact-
ment of this section. 
‘‘(c) REPORTING.— 
‘‘(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this section, and annually thereafter, the 
Administrator shall submit to the Committee on Small Business 
of the House of Representatives and the Committee on Small 
Business and Entrepreneurship of the Senate a report that— 
‘‘(A) identifies each Federal mentor-protege program; 
‘‘(B) specifies the number of participants in each such 
program, including the number of participants that are— 
‘‘(i) small business concerns; 
‘‘(ii) small business concerns owned and controlled 
by service-disabled veterans; 
‘‘(iii) qualified HUBZone small business concerns; 
‘‘(iv) small business concerns owned and controlled 
by socially and economically disadvantaged individuals; 
or 
‘‘(v) small business concerns owned and controlled 
by women; 
‘‘(C) describes the type of assistance provided to pro-
teges under each such program; 
‘‘(D) describes the benefits provided to mentors under 
each such program; and 
‘‘(E) describes the progress of proteges under each such 
program with respect to competing for Federal prime con-
tracts and subcontracts. 
‘‘(2) PROVISION OF INFORMATION.—The head of each Federal 
department or agency carrying out a mentor-protege program 
shall provide to the Administrator, on an annual basis, the 
information necessary for the Administrator to submit a report 
required under paragraph (1). 
‘‘(d) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) MENTOR.—The term ‘mentor’ means a for-profit busi-
ness concern, of any size, that— 
‘‘(A) has the ability to assist and commits to assisting 
a protege to compete for Federal prime contracts and sub-
contracts; and 
‘‘(B) satisfies any other requirements imposed by the 
Administrator. 
Time period. 
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126 STAT. 2079 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) MENTOR-PROTEGE
PROGRAM.—The term ‘mentor-pro-
tege program’ means a program that pairs a mentor with 
a protege for the purpose of assisting the protege to compete 
for Federal prime contracts and subcontracts. 
‘‘(3) PROTEGE.—The term ‘protege’ means a small business 
concern that— 
‘‘(A) is eligible to enter into Federal prime contracts 
and subcontracts; and 
‘‘(B) satisfies any other requirements imposed by the 
Administrator. 
‘‘(e) CURRENT MENTOR PROTEGE AGREEMENTS.—Mentors and 
proteges with approved agreement in a program operating pursuant 
to subsection (b)(4)(C) shall be permitted to continue their relation-
ship according to the terms specified in their agreement until the 
expiration date specified in the agreement. 
‘‘(f) SUBMISSION OF AGENCY PLANS.—Agencies operating mentor 
protege programs pursuant to subsection (b)(4)(C) shall submit the 
plans specified in subsection (b)(1)(A) to the Administrator within 
6 months of the promulgation of rules required by subsection (b)(3). 
The Administrator shall provide initial comments on each plan 
within 60 days of receipt, and final approval or denial of each 
plan within 180 days after receipt.’’. 
PART IV—TRANSPARENCY IN 
SUBCONTRACTING 
SEC. 1651. LIMITATIONS ON SUBCONTRACTING. 
The Small Business Act (15 U.S.C. 631 et seq.) is amended 
by inserting before section 47 (as redesignated by section 1641 
of this subtitle) the following: 
‘‘SEC. 46. LIMITATIONS ON SUBCONTRACTING. 
‘‘(a) IN GENERAL.—If awarded a contract under section 8(a), 
8(m), 15(a), 31, or 36, a covered small business concern— 
‘‘(1) in the case of a contract for services, may not expend 
on subcontractors more than 50 percent of the amount paid 
to the concern under the contract; 
‘‘(2) in the case of a contract for supplies (other than 
from a regular dealer in such supplies), may not expend on 
subcontractors more than 50 percent of the amount, less the 
cost of materials, paid to the concern under the contract; 
‘‘(3) in the case of a contract described in paragraphs (1) 
and (2)— 
‘‘(A) shall determine for which category, services (as 
described in paragraph (1)) or supplies (as described in 
paragraph (2)), the greatest percentage of the contract is 
awarded; 
‘‘(B) shall determine the amount awarded under the 
contract for that category of services or supplies; and 
‘‘(C) may not expend on subcontractors, with respect 
to the amount determined under subparagraph (B), more 
than 50 percent of that amount; and 
‘‘(4) in the case of a contract for supplies from a regular 
dealer in such supplies, shall supply the product of a domestic 
small business manufacturer or processor, unless a waiver of 
such requirement is granted— 
Determinations. 
15 USC 657s. 
Deadlines. 
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126 STAT. 2080 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(A) by the Administrator, after reviewing a determina-
tion by the applicable contracting officer that no small 
business manufacturer or processor can reasonably be 
expected to offer a product meeting the specifications 
(including period for performance) required by the contract; 
or 
‘‘(B) by the Administrator for a product (or class of 
products), after determining that no small business manu-
facturer or processor is available to participate in the Fed-
eral procurement market. 
‘‘(b) 
SIMILARLY
SITUATED
ENTITIES.—Contract 
amounts 
expended by a covered small business concern on a subcontractor 
that is a similarly situated entity shall not be considered subcon-
tracted for purposes of determining whether the covered small 
business concern has violated a requirement established under sub-
section (a) or (d). 
‘‘(c) MODIFICATIONS OF PERCENTAGES.—The Administrator may 
change, by rule (after providing notice and an opportunity for public 
comment), a percentage specified in paragraphs (1) through (4) 
of subsection (a) if the Administrator determines that such change 
is necessary to reflect conventional industry practices among busi-
ness concerns that are below the numerical size standard for 
businesses in that industry category. 
‘‘(d) OTHER CONTRACTS.— 
‘‘(1) IN GENERAL.—With respect to a category of contracts 
to which a requirement under subsection (a) does not apply, 
the Administrator is authorized to establish, by rule (after 
providing notice and an opportunity for public comment), a 
requirement that a covered small business concern may not 
expend on subcontractors more than a specified percentage 
of the amount paid to the concern under a contract in that 
category. 
‘‘(2) UNIFORMITY.—A requirement established under para-
graph (1) shall apply to all covered small business concerns. 
‘‘(3) CONSTRUCTION
PROJECTS.—The Administrator shall 
establish, through public rulemaking, requirements similar to 
those specified in paragraph (1) to be applicable to contracts 
for general and specialty construction and to contracts for any 
other industry category not otherwise subject to the require-
ments of such paragraph. The percentage applicable to any 
such requirement shall be determined in accordance with para-
graph (1). 
‘‘(e) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) COVERED SMALL BUSINESS CONCERN.—The term ‘cov-
ered small business concern’ means a business concern that— 
‘‘(A) with respect to a contract awarded under section 
8(a), is a small business concern eligible to receive contracts 
under that section; 
‘‘(B) with respect to a contract awarded under section 
8(m)— 
‘‘(i) is a small business concern owned and con-
trolled by women (as defined in that section); or 
‘‘(ii) is a small business concern owned and con-
trolled by women (as defined in that section) that 
is not less than 51 percent owned by 1 or more women 
Determination. 
Regulations. 
Requirements. 
Applicability. 
Applicability. 
Regulation. 
Notice. 
Public 
information. 
Regulations. 
Notice. 
Public 
information. 
Determination. 
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126 STAT. 2081 
PUBLIC LAW 112–239—JAN. 2, 2013 
who are economically disadvantaged (and such owner-
ship is determined without regard to any community 
property law); 
‘‘(C) with respect to a contract awarded under section 
15(a), is a small business concern; 
‘‘(D) with respect to a contract awarded under section 
31, is a qualified HUBZone small business concern; or 
‘‘(E) with respect to a contract awarded under section 
36, is a small business concern owned and controlled by 
service-disabled veterans. 
‘‘(2) SIMILARLY SITUATED ENTITY.—The term ‘similarly situ-
ated entity’ means a subcontractor that— 
‘‘(A) if a subcontractor for a small business concern, 
is a small business concern; 
‘‘(B) if a subcontractor for a small business concern 
eligible to receive contracts under section 8(a), is such 
a concern; 
‘‘(C) if a subcontractor for a small business concern 
owned and controlled by women (as defined in section 
8(m)), is such a concern; 
‘‘(D) if a subcontractor for a small business concern 
owned and controlled by women (as defined in section 
8(m)) that is not less than 51 percent owned by 1 or 
more women who are economically disadvantaged (and such 
ownership is determined without regard to any community 
property law), is such a concern; 
‘‘(E) if a subcontractor for a qualified HUBZone small 
business concern, is such a concern; or 
‘‘(F) if a subcontractor for a small business concern 
owned and controlled by service-disabled veterans, is such 
a concern.’’. 
SEC. 1652. PENALTIES. 
Section 16 of the Small Business Act (15 U.S.C. 645) is amended 
by adding at the end the following: 
‘‘(g) SUBCONTRACTING LIMITATIONS.— 
‘‘(1) IN GENERAL.—Whoever violates a requirement estab-
lished under section 46 shall be subject to the penalties pre-
scribed in subsection (d), except that, for an entity that exceeded 
a limitation on subcontracting under such section, the fine 
described in subsection (d)(2)(A) shall be treated as the greater 
of— 
‘‘(A) $500,000; or 
‘‘(B) the dollar amount expended, in excess of permitted 
levels, by the entity on subcontractors. 
‘‘(2) MONITORING.—Not later than 1 year after the date 
of enactment of this subsection, the Administrator shall take 
such actions as are necessary to ensure that an existing Federal 
subcontracting reporting system is modified to notify the 
Administrator, the appropriate Director of the Office of Small 
and Disadvantaged Business Utilization, and the appropriate 
contracting officer if a requirement established under section 
46 is violated.’’. 
SEC. 1653. SUBCONTRACTING PLANS. 
(a) AMENDMENTS TO SMALL BUSINESS ACT REQUIREMENTS.— 
Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended 
by— 
Deadline. 
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126 STAT. 2082 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) redesignating paragraphs (7), (8), (9), (10), (11), and 
(12) as paragraphs (8), (9), (10), (11), (12), and (13) respectively; 
(2) inserting after paragraph (6) the following: 
‘‘(7) The head of the contracting agency shall ensure that— 
‘‘(A) the agency collects and reports data on the extent 
to which contractors of the agency meet the goals and 
objectives set forth in subcontracting plans submitted 
pursuant to this subsection; and 
‘‘(B) the agency periodically reviews data collected and 
reported pursuant to subparagraph (A) for the purpose 
of ensuring that such contractors comply in good faith 
with the requirements of this subsection and subcon-
tracting plans submitted by the contractors pursuant to 
this subsection.’’; 
(3) in paragraph (9), as redesignated by paragraph (1) 
of this subsection, striking ‘‘shall be a material breach of such 
contract or subcontract’’ and inserting ‘‘shall be a material 
breach of such contract or subcontract and may be considered 
in any past performance evaluation of the contractor’’; 
(4) in subparagraph (C) of paragraph (11), as redesignated 
by paragraph (1) of this subsection, by striking ‘‘, either on 
a contract-by-contract basis, or in the case contractors’’ and 
inserting ‘‘as a supplement to evaluations performed by the 
contracting agency, either on a contract-by-contract basis or, 
in the case of contractors’’; and 
(5) by adding at the end the following: 
‘‘(14) An offeror for a covered contract that intends to 
identify a small business concern as a potential subcontractor 
in a bid or proposal for the contract, or in a plan submitted 
pursuant to this subsection in connection with the contract, 
shall notify the small business concern prior to making such 
identification. 
‘‘(15) The Administrator shall establish a reporting mecha-
nism that allows a subcontractor or potential subcontractor 
to report fraudulent activity or bad faith by a contractor with 
respect to a subcontracting plan submitted pursuant to this 
subsection.’’. 
(b) ADDITIONAL REQUIREMENTS.— 
(1) REPORTING REQUIREMENTS.—Not later than 1 year after 
the date of the enactment of this part, the Administrator of 
the Small Business Administration shall take such actions as 
are necessary to ensure that the electronic subcontracting 
reporting system established by the Administration to carry 
out the requirement of section 8(d)(6)(E) of the Small Business 
Act is modified to ensure that it can identify entities that 
fail to submit required reports. 
(2) ANNUAL REPORT.—Not later than March 31 of each 
year, the Administrator of the Small Business Administration 
shall provide the Committee on Small Business of the House 
of Representatives and the Committee on Small Business and 
Entrepreneurship of the Senate a report, based on data avail-
able through existing systems, that sets forth, by agency (and 
to the extent practicable, by type of goal or plan), the following 
information: 
(A) the percentage of entities required to submit 
reports pursuant to section 8(d)(6) of the Small Business 
15 USC 637d. 
Reports. 
Notification. 
Reviews. 
Reports. 
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126 STAT. 2083 
PUBLIC LAW 112–239—JAN. 2, 2013 
Act that filed such reports and that failed to file such 
reports during the prior fiscal year; 
(B) the percentage of entities filing such reports that 
met, exceeded, or failed to meet goals set forth in their 
subcontracting plans during the prior fiscal year; and 
(C) the aggregate value by which such entities 
exceeded, or failed to meet, their subcontracting goals 
during the prior fiscal year. 
SEC. 1654. NOTICES OF SUBCONTRACTING OPPORTUNITIES. 
Section 8(k)(1) of the Small Business Act (15 U.S.C. 637(k)(1)) 
is amended by striking ‘‘in the Commerce Business Daily’’ and 
inserting ‘‘on the appropriate Federal Web site (as determined 
by the Administrator)’’. 
SEC. 1655. PUBLICATION OF CERTAIN DOCUMENTS. 
Not later than 270 days after the date of the enactment of 
this part, the Director of the Office of Management and Budget 
shall publish procedures and methodologies to be used by Federal 
agencies with respect to decisions to convert a function being per-
formed by a small business concern to performance by a Federal 
employee, including procedures and methodologies for determining 
which contracts will be studied for potential conversion; procedures 
and methodologies by which a contract is evaluated as inherently 
governmental or as a critical agency function; and procedures and 
methodologies for estimating and comparing costs. Should a Federal 
agency develop any agency-specific methodologies for identifying 
critical agency functions or supplemental implementation guidance, 
such methodologies and guidance shall be published upon 
implementation. 
PART V—SMALL BUSINESS CONCERN SIZE 
STANDARDS 
SEC. 1661. SMALL BUSINESS CONCERN SIZE STANDARDS. 
Section 3 of the Small Business Act (15 U.S.C. 632) is 
amended— 
(1) by striking ‘‘SEC. 3.’’ and inserting the following: 
‘‘SEC. 3. DEFINITIONS.’’; 
and 
(2) in subsection (a)— 
(A) by striking the subsection enumerator and inserting 
the following: 
‘‘(a) SMALL BUSINESS CONCERNS.—’’; 
(B) in paragraph (1), by striking ‘‘(1) For the purposes’’ 
and inserting the following: 
‘‘(1) IN GENERAL.—For the purposes’’; 
(C) in paragraph (3), by striking ‘‘(3) When estab-
lishing’’ and inserting the following: 
‘‘(3) VARIATION BY INDUSTRY AND CONSIDERATION OF OTHER 
FACTORS.—When establishing’’; 
(D) by moving paragraph (5), including each subpara-
graph and clause therein, 2 ems to the right; and 
(E) by adding at the end the following: 
‘‘(6) PROPOSED RULEMAKING.—In conducting rulemaking to 
revise, modify or establish size standards pursuant to this 
Public 
information. 
Deadline. 
Procedures. 
31 USC 501 note. 
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126 STAT. 2084 
PUBLIC LAW 112–239—JAN. 2, 2013 
section, the Administrator shall consider, and address, and 
make publicly available as part of the notice of proposed rule-
making and notice of final rule each of the following: 
‘‘(A) a detailed description of the industry for which 
the new size standard is proposed; 
‘‘(B) an analysis of the competitive environment for 
that industry; 
‘‘(C) the approach the Administrator used to develop 
the proposed standard including the source of all data 
used to develop the proposed rule making; and 
‘‘(D) the anticipated effect of the proposed rulemaking 
on the industry, including the number of concerns not 
currently considered small that would be considered small 
under the proposed rule making and the number of con-
cerns currently considered small that would be deemed 
other than small under the proposed rulemaking. 
‘‘(7) COMMON SIZE STANDARDS.—In carrying out this sub-
section, the Administrator may establish or approve a single 
size standard for a grouping of 4-digit North American Industry 
Classification System codes only if the Administrator makes 
publicly available, not later than the date on which such size 
standard is established or approved, a justification dem-
onstrating that such size standard is appropriate for each indi-
vidual industry classification included in the grouping. 
‘‘(8) NUMBER OF SIZE STANDARDS.—The Administrator shall 
not limit the number of size standards established pursuant 
to paragraph (2), and shall assign the appropriate size standard 
to each North American Industry Classification System Code.’’. 
PART VI—CONTRACT BUNDLING 
SEC. 1671. CONTRACT BUNDLING. 
(a) CONSTRUCTION CONTRACTS.—Section 44 of the Small Busi-
ness Act (15 U.S.C. 657q) is amended in subsection (a)(2) by striking 
‘‘or a multiple award contract to satisfy 2 or more requirements 
of the Federal agency for goods or services that have been provided 
to or performed for the Federal agency under 2 or more separate 
contracts lower in cost than the total cost of the contract for which 
the offers are solicited; and’’ and inserting the following: ‘‘or a 
multiple award contract— 
‘‘(A) to satisfy 2 or more requirements of the Federal 
agency for goods or services that have been provided to 
or performed for the Federal agency under 2 or more sepa-
rate contracts lower in cost than the total cost of the 
contract for which the offers are solicited; or 
‘‘(B) to satisfy requirements of the Federal agency for 
construction projects to be performed at 2 or more discrete 
sites; and’’. 
(b) CLARIFICATION OF CERTAIN REQUIREMENTS.—Section 44 of 
such Act is further amended in subsection (c)(1)(E), by striking 
‘‘certifies to the head of the Federal agency’’ and inserting ‘‘ensures’’. 
(c) REPEAL OF SUPERSEDED LAW AND CONFORMING CHANGE.— 
(1) CONSOLIDATION OF CONTRACT REQUIREMENTS: POLICY 
AND
RESTRICTIONS.—Section 2382 of title 10, United States 
Code is repealed. The table of sections for chapter 141 of 
such title is amended by striking the item relating to section 
2382. 
10 USC 2381 
prec. 
Public 
information. 
Deadline. 
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126 STAT. 2085 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) CONSOLIDATION OF CONTRACT REQUIREMENTS; DEPART-
MENT OF DEFENSE.—Section 44 of the Small Business Act, as 
amended by subsections (a) and (b) of this section, is further 
amended in subsection (c) by striking paragraph (4). 
(d) COMPTROLLER GENERAL REVIEW.—Not later than 270 days 
after the date of the enactment of this subsection, the Comptroller 
General of the United States shall review data and information 
regarding consolidated contracts awarded by Federal agencies. The 
review shall include an assessment of— 
(1) the extent to which written determinations that the 
consolidation of contract requirements was necessary and justi-
fied meet the requirements of applicable provisions of law and 
regulation; 
(2) the amount of savings and benefits realized pursuant 
to such contracts, in comparison with— 
(A) the performance of similar requirements under pre-
vious contracts; and 
(B) the savings and benefits anticipated by the analysis 
required prior to the contract award pursuant to applicable 
provisions of law and regulation; 
(3) the extent to which the consolidation of contract require-
ments was consistent with the contracting agency’s small busi-
ness subcontracting plans; and 
(4) the adequacy of data collected pursuant to section 15 
of the Small Business Act relating to contract bundling. 
PART VII—INCREASED PENALTIES FOR FRAUD 
SEC. 1681. SAFE HARBOR FOR GOOD FAITH COMPLIANCE EFFORTS. 
(a) SMALL BUSINESS FRAUD.—Section 16(d) of the Small Busi-
ness Act (15 U.S.C. 645(d)) is amended by inserting after paragraph 
(2) the following: 
‘‘(3) LIMITATION ON LIABILITY.—This subsection shall not 
apply to any conduct in violation of subsection (a) if the defend-
ant acted in good faith reliance on a written advisory opinion 
from a Small Business Development Center (as defined in this 
Act), or an entity participating in the Procurement Technical 
Assistance Cooperative Agreement Program defined in chapter 
142 of title 10, United States Code; however nothing in this 
Act shall obligate either entity to provide such a letter nor 
shall the provision of such a letter in any way render the 
providing entity liable to the business concern should the 
Administrator later determine that the concern is not a small 
business concern. Upon issuance of an advisory opinion under 
this paragraph, the entity issuing the advisory opinion shall 
remit a copy of the opinion to the General Counsel of the 
Administration, who may reject the advisory opinion. If the 
General Counsel of the Administration rejects the advisory 
opinion, the Administration shall notify the entity issuing the 
advisory opinion and the recipient of the opinion, after which 
time the business concern may not rely upon the opinion.’’. 
(b) REGULATIONS.—Not later than 270 days after the date of 
enactment of this part, the Administrator of the Small Business 
Administration shall issue rules defining what constitutes an ade-
quate advisory opinion for purposes of section 16(d)(3) of the Small 
Business Act. 
15 USC 645 note. 
Notification. 
Advisory opinion. 
Records. 
Deadlines. 
Assessment. 
Deadline. 
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126 STAT. 2086 
PUBLIC LAW 112–239—JAN. 2, 2013 
(c) SMALL BUSINESS COMPLIANCE GUIDE.—Not later than 270 
days after the date of enactment of this part, the Administrator 
of the Small Business Administration shall issue (pursuant to sec-
tion 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996) a compliance guide to assist business concerns in 
accurately determining their status as a small business concern. 
SEC. 1682. REQUIREMENT THAT FRAUDULENT BUSINESSES BE SUS-
PENDED OR DEBARRED. 
(a) IN GENERAL.—Section 16(d)(2)(C) of the Small Business 
Act (15 U.S.C. 645(d)(2)(C)) is amended by striking ‘‘on the basis 
that such misrepresentation indicates a lack of business integrity 
that seriously and directly affects the present responsibility to 
perform any contract awarded by the Federal Government or a 
subcontract under such a contract’’. 
(b) DEVELOPMENT AND PROMULGATION OF GUIDANCE.—Not later 
than 270 days after the date of enactment of this part, the Adminis-
trator of the Small Business Administration shall develop and 
promulgate guidance implementing this section. 
(c) PUBLICATION OF PROCEDURES REGARDING SUSPENSION AND 
DEBARMENT.—Not later than 270 days after the date of enactment 
of this part, the Administrator shall publish and maintain on the 
Administration’s Web site the current standard operating proce-
dures of the Administration for suspension and debarment, and 
the name and contact information for the individual designated 
by the Administrator as the senior individual responsible for 
suspension and debarment proceedings. 
SEC. 1683. ANNUAL REPORT ON SUSPENSIONS AND DEBARMENTS PRO-
POSED BY SMALL BUSINESS ADMINISTRATION. 
(a) REPORT REQUIREMENT.—The Administrator of the Small 
Business Administration shall submit each year to the Committee 
on Small Business and Entrepreneurship of the Senate, and the 
Committee on Small Business of the House of Representatives 
a report on the suspension and debarment actions taken by the 
Administrator during the year preceding the year of submission 
of the report. 
(b) MATTERS COVERED.—The report required by subsection (a) 
shall include the following information for the year covered by 
the report: 
(1) NUMBER.—The number of contractors proposed for 
suspension or debarment. 
(2) SOURCE.—The office within a Federal agency that origi-
nated each proposal for suspension or debarment. 
(3) REASONS.—The reason for each proposal for suspension 
or debarment. 
(4) RESULTS.—The result of each proposal for suspension 
or debarment, and the reason for such result. 
(5) REFERRALS.—The number of suspensions or debarments 
referred to the Inspector General of the Small Business 
Administration or another agency, or to the Attorney General 
(for purposes of this paragraph, the Administrator may redact 
identifying information on names of companies or other 
information in order to protect the integrity of any ongoing 
criminal or civil investigation). 
15 USC 645a. 
Web posting. 
15 USC 645 note. 
15 USC 645 note. 
Deadlines. 
15 USC 632 note. 
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126 STAT. 2087 
PUBLIC LAW 112–239—JAN. 2, 2013 
PART VIII—OFFICES OF SMALL AND 
DISADVANTAGED BUSINESS UNITS 
SEC. 1691. OFFICES OF SMALL AND DISADVANTAGED BUSINESS UTILI-
ZATION. 
(a) APPOINTMENT AND POSITION OF DIRECTOR.—Section 15(k)(2) 
of the Small Business Act (15 U.S.C. 644(k)(2)) is amended by 
striking ‘‘such agency,’’ and inserting ‘‘such agency to a position 
that is a Senior Executive Service position (as such term is defined 
under section 3132(a) of title 5, United States Code), except that, 
for any agency in which the positions of Chief Acquisition Officer 
and senior procurement executive (as such terms are defined under 
section 44(a) of this Act) are not Senior Executive Service positions, 
the Director of Small and Disadvantaged Business Utilization may 
be appointed to a position compensated at not less than the min-
imum rate of basic pay payable for grade GS–15 of the General 
Schedule under section 5332 of such title (including comparability 
payments under section 5304 of such title);’’. 
(b) PERFORMANCE APPRAISALS.—Section 15(k)(3) of such Act 
(15 U.S.C. 644(k)(3)) is amended— 
(1) by striking ‘‘be responsible only to, and report directly 
to, the head’’ and inserting ‘‘shall be responsible only to 
(including with respect to performance appraisals), and report 
directly and exclusively to, the head’’; and 
(2) by striking ‘‘be responsible only to, and report directly 
to, such Secretary’’ and inserting ‘‘be responsible only to 
(including with respect to performance appraisals), and report 
directly and exclusively to, such Secretary’’. 
(c) ADDITIONAL REQUIREMENTS.—Section 15(k) of such Act (15 
U.S.C. 644(k)) is amended by inserting after paragraph (10) the 
following: 
‘‘(11) shall review and advise such agency on any decision 
to convert an activity performed by a small business concern 
to an activity performed by a Federal employee; 
‘‘(12) shall provide to the Chief Acquisition Officer and 
senior procurement executive of such agency advice and com-
ments on acquisition strategies, market research, and justifica-
tions related to section 44 of this Act; 
‘‘(13) may provide training to small business concerns and 
contract specialists, except that such training may only be 
provided to the extent that the training does not interfere 
with the Director carrying out other responsibilities under this 
subsection; 
‘‘(14) shall receive unsolicited proposals and, when appro-
priate, forward such proposals to personnel of the activity 
responsible for reviewing such proposals; 
‘‘(15) shall carry out exclusively the duties enumerated 
in this Act, and shall, while the Director, not hold any other 
title, position, or responsibility, except as necessary to carry 
out responsibilities under this subsection; and 
‘‘(16) shall submit, each fiscal year, to the Committee on 
Small Business of the House of Representatives and the Com-
mittee on Small Business and Entrepreneurship of the Senate 
a report describing— 
‘‘(A) the training provided by the Director under para-
graph (13) in the most recently completed fiscal year; 
Reports. 
Review. 
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126 STAT. 2088 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(B) the percentage of the budget of the Director used 
for such training in the most recently completed fiscal 
year; and 
‘‘(C) the percentage of the budget of the Director used 
for travel in the most recently completed fiscal year.’’. 
(d) REQUIREMENT
OF ACQUISITION EXPERIENCE
FOR OSDBU 
DIRECTOR.—Section 15(k) of the Small Business Act (15 U.S.C. 
644(k)), as amended by this part, is further amended, in the matter 
preceding paragraph (1), by striking ‘‘who shall’’ and inserting the 
following: ‘‘, with experience serving in any combination of the 
following roles: program manager, deputy program manager, or 
assistant program manager for Federal acquisition program; chief 
engineer, systems engineer, assistant engineer, or product support 
manager for Federal acquisition program; Federal contracting 
officer; small business technical advisor; contracts administrator 
for Federal Government contracts; attorney specializing in Federal 
procurement law; small business liaison officer; officer or employee 
who managed Federal Government contracts for a small business; 
or individual whose primary responsibilities were for the functions 
and duties of section 8, 15 or 44 of this Act. Such officer or 
employee’’. 
(e) TECHNICAL AMENDMENTS.—Section 15(k) of such Act (15 
U.S.C. 644(k)), as amended, is further amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘be known’’ and inserting ‘‘shall be 
known’’; and 
(B) by striking ‘‘such agency,’’ and inserting ‘‘such 
agency;’’; 
(2) in paragraph (2) by striking ‘‘be appointed by’’ and 
inserting ‘‘shall be appointed by’’; 
(3) in paragraph (3)— 
(A) by striking ‘‘director’’ and inserting ‘‘Director’’; and 
(B) by striking ‘‘Secretary’s designee,’’ and inserting 
‘‘Secretary’s designee;’’; 
(4) in paragraph (4)— 
(A) by striking ‘‘be responsible’’ and inserting ‘‘shall 
be responsible’’; and 
(B) by striking ‘‘such agency,’’ and inserting ‘‘such 
agency;’’; 
(5) in paragraph (5) by striking ‘‘identify proposed’’ and 
inserting ‘‘shall identify proposed’’; 
(6) in paragraph (6) by striking ‘‘assist small’’ and inserting 
‘‘shall assist small’’; 
(7) in paragraph (7)— 
(A) by striking ‘‘have supervisory’’ and inserting ‘‘shall 
have supervisory’’; and 
(B) by striking ‘‘this Act,’’ and inserting ‘‘this Act;’’; 
(8) in paragraph (8)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘assign a’’ and inserting ‘‘shall assign a’’; and 
(B) in subparagraph (A), by striking ‘‘the activity, and’’ 
and inserting ‘‘the activity; and’’; 
(9) in paragraph (9)— 
(A) by striking ‘‘cooperate, and’’ and inserting ‘‘shall 
cooperate, and’’; and 
(B) by striking ‘‘subsection, and’’ and inserting ‘‘sub-
section;’’; and 
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126 STAT. 2089 
PUBLIC LAW 112–239—JAN. 2, 2013 
(10) in paragraph (10)— 
(A) by striking ‘‘make recommendations’’ and inserting 
‘‘shall make recommendations’’; 
(B) by striking ‘‘subsection (a), or section’’ and inserting 
‘‘subsection (a), section’’; 
(C) by striking ‘‘Act or section 2323’’ and inserting 
‘‘Act, or section 2323’’; 
(D) by striking ‘‘Code. Such recommendations shall’’ 
and inserting ‘‘Code, which shall’’; and 
(E) by striking ‘‘contract file.’’ and inserting ‘‘contract 
file;’’. 
SEC. 1692. SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL. 
(a) DUTIES.—Section 7104(b) of the Federal Acquisition Stream-
lining Act of 1994 (15 U.S.C. 644 note) is amended— 
(1) in paragraph (1) by striking ‘‘and’’ at the end; 
(2) in paragraph (2) by striking ‘‘authorities.’’ and inserting 
‘‘authorities;’’; and 
(3) by adding at the end the following: 
‘‘(3) to conduct reviews of each Office of Small and Dis-
advantaged Business Utilization established under section 15(k) 
of the Small Business Act (15 U.S.C. 644(k)) to determine 
the compliance of each Office with requirements under such 
section; 
‘‘(4) to identify best practices for maximizing small business 
utilization in Federal contracting that may be implemented 
by Federal agencies having procurement powers; and 
‘‘(5) to submit, annually, to the Committee on Small Busi-
ness of the House of Representatives and the Committee on 
Small Business and Entrepreneurship of the Senate a report 
describing— 
‘‘(A) the comments submitted under paragraph (2) 
during the 1-year period ending on the date on which 
the report is submitted, including any outcomes related 
to the comments; 
‘‘(B) the results of reviews conducted under paragraph 
(3) during such 1-year period; and 
‘‘(C) best practices identified under paragraph (4) 
during such 1-year period.’’. 
(b) MEMBERSHIP.—Section 7104(c)(3) of such Act (15 U.S.C. 
644 note) is amended by striking ‘‘(established under section 15(k) 
of the Small Business Act (15 U.S.C. 644(k))’’. 
(c) CHAIRMAN.—Section 7104(d) of such Act (15 U.S.C. 644 
note) is amended by inserting after ‘‘Small Business Administration’’ 
the following: ‘‘(or the designee of the Administrator)’’. 
PART IX—OTHER MATTERS 
SEC. 1695. SURETY BONDS. 
(a) MAXIMUM BOND AMOUNT.—Section 411(a)(1) of the Small 
Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is 
amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 
(2) by striking ‘‘does not exceed’’ and all that follows 
through the period at the end, and inserting ‘‘does not exceed 
$6,500,000, as adjusted for inflation in accordance with section 
1908 of title 41, United States Code.’’; and 
Reports. 
Time periods. 
Reviews. 
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126 STAT. 2090 
PUBLIC LAW 112–239—JAN. 2, 2013 
(3) by adding at the end the following: 
‘‘(B) The Administrator may guarantee a surety under subpara-
graph (A) for a total work order or contract amount that does 
not exceed $10,000,000, if a contracting officer of a Federal agency 
certifies that such a guarantee is necessary.’’. 
(b) DENIAL OF LIABILITY.—Section 411 of the Small Business 
Investment Act of 1958 (15 U.S.C. 694b) is amended— 
(1) by striking subsection (e) and inserting the following: 
‘‘(e) REIMBURSEMENT OF SURETY; CONDITIONS.—Pursuant to any 
such guarantee or agreement, the Administration shall reimburse 
the surety, as provided in subsection (c) of this section, except 
that the Administration shall be relieved of liability (in whole 
or in part within the discretion of the Administration) if— 
‘‘(1) the surety obtained such guarantee or agreement, or 
applied for such reimbursement, by fraud or material misrepre-
sentation, 
‘‘(2) the total contract amount at the time of execution 
of the bond or bonds exceeds $6,500,000, 
‘‘(3) the surety has breached a material term or condition 
of such guarantee agreement, or 
‘‘(4) the surety has substantially violated the regulations 
promulgated by the Administration pursuant to subsection (d).’’; 
and 
(2) by inserting after subsection (i) the following: 
‘‘(j) For bonds made or executed with the prior approval of 
the Administration, the Administration shall not deny liability to 
a surety based upon material information that was provided as 
part of the guarantee application.’’. 
(c) SIZE STANDARDS.—Section 410 of the Small Business Invest-
ment Act of 1958 (15 U.S.C. 694a) is amended by inserting after 
paragraph (8) the following: 
‘‘(9) Notwithstanding any other provision of law or any rule, 
regulation, or order of the Administration, for purpose of sections 
410, 411, and 412 the term ‘small business concern’ means a busi-
ness concern that meets the size standard for the primary industry 
in which such business concern, and the affiliates of such business 
concern, is engaged, as determined by the Administrator in accord-
ance with the North American Industry Classification System.’’. 
SEC. 1696. CONFORMING AMENDMENTS; REPEAL OF REDUNDANT 
PROVISIONS; REGULATIONS. 
(a) TECHNICAL AMENDMENTS.—Section 15 of the Small Business 
Act (15 U.S.C. 644) is amended— 
(1) in the heading of subsection (p), to read as follows: 
‘‘ACCESS TO DATA.—’’; and 
(2) in the heading of subsection (q), to read as follows: 
‘‘REPORTS RELATED
TO PROCUREMENT CENTER REPRESENTA-
TIVES.—’’. 
(b) CONFORMING AMENDMENTS PERTAINING TO LIMITATIONS ON 
SUBCONTRACTING.— 
(1) HUBZONES.—Section 3(p)(5) of the Small Business Act 
(15 U.S.C. 632(p)(5)) is amended— 
(A) in subparagraph (A)(i) by striking subclause (III) 
and inserting the following: 
‘‘(III) with respect to any subcontract entered 
into by the small business concern pursuant to 
a contract awarded to the small business concern 
Definition. 
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126 STAT. 2091 
PUBLIC LAW 112–239—JAN. 2, 2013 
under section 31, the small business concern will 
ensure that the requirements of section 46 are 
satisfied; and’’; 
(B) by striking subparagraphs (B) and (C); and 
(C) by redesignating subparagraph (D) as subpara-
graph (B). 
(2) ENTITIES
ELIGIBLE
FOR
CONTRACTS
UNDER
SECTION 
8(a).—Section 8(a) of such Act (15 U.S.C. 637(a)) is amended 
by striking paragraph (14) and inserting the following: 
‘‘(14) LIMITATIONS ON SUBCONTRACTING.—A concern may 
not be awarded a contract under this subsection as a small 
business concern unless the concern agrees to satisfy the 
requirements of section 46.’’. 
(3) SMALL BUSINESS CONCERNS.—Section 15 of such Act 
(15 U.S.C. 644) is amended by striking subsection (o) and 
inserting the following: 
‘‘(o) LIMITATIONS ON SUBCONTRACTING.—A concern may not be 
awarded a contract under subsection (a) as a small business concern 
unless the concern agrees to satisfy the requirements of section 
46.’’. 
(c) REGULATIONS.—Not later than 180 days after the date of 
enactment of this part, the Administrator of the Small Business 
Administration shall issue guidance with respect to the changes 
made to the Small Business Act by the amendments in this subtitle, 
with opportunities for notice and comment. 
SEC. 1697. CONTRACTING WITH SMALL BUSINESS CONCERNS OWNED 
AND CONTROLLED BY WOMEN. 
(a) PROCUREMENT PROGRAM FOR WOMEN-OWNED SMALL BUSI-
NESS CONCERNS.—Section 8(m)(2) of the Small Business Act (15 
U.S.C. 637(m)(2)) is amended— 
(1) by striking subparagraph (D); and 
(2) by redesignating subparagraphs (E) and (F) as subpara-
graphs (D) and (E), respectively. 
(b) STUDY AND REPORT ON REPRESENTATION OF WOMEN.—Sec-
tion 29 of the Small Business Act (15 U.S.C. 656) is amended 
by adding at the end the following: 
‘‘(o) STUDY
AND REPORT
ON REPRESENTATION
OF WOMEN.— 
‘‘(1) STUDY.—The Administrator shall periodically conduct 
a study to identify industries, as defined under the North 
American Industry Classification System, underrepresented by 
small business concerns owned and controlled by women. 
‘‘(2) REPORT.—Not later than 5 years after the date of 
enactment of this subsection, and every 5 years thereafter, 
the Administrator shall submit to the Committee on Small 
Business and Entrepreneurship of the Senate and the Com-
mittee on Small Business of the House of Representatives a 
report on the results of each study under paragraph (1) con-
ducted during the 5-year period ending on the date of the 
report.’’. 
SEC. 1698. SMALL BUSINESS HUBZONES. 
(a) DEFINITION.—In this section, the term ‘‘covered base closure 
area’’ means a base closure area that, on or before the date of 
enactment of this Act, was treated as a HUBZone for purposes 
of the Small Business Act (15 U.S.C. 631 et seq.) pursuant to 
section 152(a)(2) of the Small Business Reauthorization and Manu-
facturing Assistance Act of 2004 (15 U.S.C. 632 note). 
15 USC 632 note. 
Time period. 
Deadline. 
Guidance. 
15 USC 632 note. 
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126 STAT. 2092 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) TREATMENT AS HUBZONE.— 
(1) IN GENERAL.—Subject to paragraph (2), a covered base 
closure area shall be treated as a HUBZone for purposes of 
the Small Business Act (15 U.S.C. 631 et seq.) during the 
5-year period beginning on the date of enactment of this Act. 
(2) LIMITATION.—The total period of time that a covered 
base closure area is treated as a HUBZone for purposes of 
the Small Business Act (15 U.S.C. 631 et seq.) pursuant to 
this section and section 152(a)(2) of the Small Business 
Reauthorization and Manufacturing Assistance Act of 2004 (15 
U.S.C. 632 note) may not exceed 5 years. 
SEC. 1699. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORA-
TION. 
(a) IN GENERAL.—The Small Business Act (15 U.S.C. 631 et 
seq.) is amended by striking section 33 (15 U.S.C. 657c). 
(b) CORPORATION.—On and after the date of enactment of this 
Act, the National Veterans Business Development Corporation and 
any successor thereto may not represent that the corporation is 
federally chartered or in any other manner authorized by the Fed-
eral Government. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TITLE 10.—Section 1142(b)(13) of title 10, United States 
Code, is amended by striking ‘‘and the National Veterans Busi-
ness Development Corporation’’. 
(2) TITLE 38.—Section 3452(h) of title 38, United States 
Code, is amended by striking ‘‘any of the’’ and all that follows 
and inserting ‘‘any small business development center described 
in section 21 of the Small Business Act (15 U.S.C. 648), insofar 
as such center offers, sponsors, or cosponsors an entrepreneur-
ship course, as that term is defined in section 3675(c)(2).’’. 
(3) VETERANS
ENTREPRENEURSHIP
AND
SMALL
BUSINESS 
DEVELOPMENT ACT OF 1999.—Section 203(c)(5) of the Veterans 
Entrepreneurship and Small Business Development Act of 1999 
(15 U.S.C. 657b note) is amended by striking ‘‘In cooperation 
with the National Veterans Business Development Corporation, 
develop’’ and inserting ‘‘Develop’’. 
SEC. 1699a. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM. 
Section 1207(a)(5) of the Small Business Jobs Act of 2010 
(15 U.S.C. 649b note) is amended by inserting after ‘‘Guam,’’ the 
following: ‘‘the Commonwealth of the Northern Mariana Islands,’’. 
TITLE XVII—ENDING TRAFFICKING IN 
GOVERNMENT CONTRACTING 
Sec. 1701. Definitions. 
Sec. 1702. Contracting requirements. 
Sec. 1703. Compliance plan and certification requirement. 
Sec. 1704. Monitoring and investigation of trafficking in persons. 
Sec. 1705. Notification to inspectors general and cooperation with Government. 
Sec. 1706. Expansion of penalties for fraud in foreign labor contracting to include 
attempted fraud and work outside the United States. 
Sec. 1707. Improving Department of Defense accountability for reporting trafficking 
in persons claims and violations. 
Sec. 1708. Rules of construction; effective date. 
SEC. 1701. DEFINITIONS. 
In this title: 
22 USC 7104a 
note. 
Effective date. 
15 USC 657c 
note. 
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126 STAT. 2093 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has 
the meaning given the term in section 133 of title 41, United 
States Code. 
(2) SUBCONTRACTOR.—The term ‘‘subcontractor’’ means a 
recipient of a contract at any tier under a grant, contract, 
or cooperative agreement. 
(3) SUBGRANTEE.—The term ‘‘subgrantee’’ means a recipient 
of a grant at any tier under a grant or cooperative agreement. 
(4) UNITED
STATES.—The term ‘‘United States’’ has the 
meaning provided in section 103(12) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7102(12)). 
SEC. 1702. CONTRACTING REQUIREMENTS. 
Section 106(g) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7104(g)) is amended by striking ‘‘without penalty’’ and 
all that follows through the period at the end and inserting the 
following: ‘‘or take any of the other remedial actions authorized 
under section 1704(c) of the National Defense Authorization Act 
for Fiscal Year 2013, without penalty, if the grantee or any sub-
grantee, or the contractor or any subcontractor, engages in, or 
uses labor recruiters, brokers, or other agents who engage in— 
‘‘(i) severe forms of trafficking in persons; 
‘‘(ii) the procurement of a commercial sex act 
during the period of time that the grant, contract, 
or cooperative agreement is in effect; 
‘‘(iii) the use of forced labor in the performance 
of the grant, contract, or cooperative agreement; or 
‘‘(iv) acts that directly support or advance traf-
ficking in persons, including the following acts: 
‘‘(I) Destroying, concealing, removing, confis-
cating, or otherwise denying an employee access 
to that employee’s identity or immigration docu-
ments. 
‘‘(II) Failing to provide return transportation 
or pay for return transportation costs to an 
employee from a country outside the United States 
to the country from which the employee was 
recruited upon the end of employment if requested 
by the employee, unless— 
‘‘(aa) exempted from the requirement to 
provide or pay for such return transportation 
by the Federal department or agency providing 
or entering into the grant, contract, or coopera-
tive agreement; or 
‘‘(bb) the employee is a victim of human 
trafficking seeking victim services or legal 
redress in the country of employment or a 
witness in a human trafficking enforcement 
action. 
‘‘(III) Soliciting a person for the purpose of 
employment, or offering employment, by means 
of materially false or fraudulent pretenses, rep-
resentations, or promises regarding that employ-
ment. 
‘‘(IV) Charging recruited employees unreason-
able placement or recruitment fees, such as fees 
equal to or greater than the employee’s monthly 
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126 STAT. 2094 
PUBLIC LAW 112–239—JAN. 2, 2013 
salary, or recruitment fees that violate the laws 
of the country from which an employee is recruited. 
‘‘(V) Providing or arranging housing that fails 
to meet the host country housing and safety stand-
ards.’’. 
SEC. 1703. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT. 
(a) REQUIREMENT.—The head of an executive agency may not 
provide or enter into a grant, contract, or cooperative agreement 
if the estimated value of the services required to be performed 
under the grant, contract, or cooperative agreement outside the 
United States exceeds $500,000, unless a duly designated represent-
ative of the recipient of such grant, contract, or cooperative agree-
ment certifies to the contracting or grant officer prior to receiving 
an award and on an annual basis thereafter, after having conducted 
due diligence, that— 
(1) the recipient has implemented a plan to prevent the 
activities described in section 106(g) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by 
section 1702, and is in compliance with that plan; 
(2) the recipient has implemented procedures to prevent 
any activities described in such section 106(g) and to monitor, 
detect, and terminate any subcontractor, subgrantee, or 
employee of the recipient engaging in any activities described 
in such section; and 
(3) to the best of the representative’s knowledge, neither 
the recipient, nor any subcontractor or subgrantee of the 
recipient or any agent of the recipient or of such a subcontractor 
or subgrantee, is engaged in any of the activities described 
in such section. 
(b) LIMITATION.—Any plan or procedures implemented pursuant 
to subsection (a) shall be appropriate to the size and complexity 
of the grant, contract, or cooperative agreement and to the nature 
and scope of its activities, including the number of non-United 
States citizens expected to be employed. 
(c) DISCLOSURE.—The recipient shall provide a copy of the 
plan to the contracting or grant officer upon request, and as appro-
priate, shall post the useful and relevant contents of the plan 
or related materials on its website and at the workplace. 
(d) GUIDANCE.—The President, in consultation with the Sec-
retary of State, the Attorney General, the Secretary of Defense, 
the Secretary of Labor, the Secretary of Homeland Security, the 
Administrator for the United States Agency for International 
Development, and the heads of such other executive agencies as 
the President deems appropriate, shall establish minimum require-
ments for contractor plans and procedures to be implemented pursu-
ant to this section. 
SEC. 1704. MONITORING AND INVESTIGATION OF TRAFFICKING IN PER-
SONS. 
(a) REFERRAL AND INVESTIGATION.— 
(1) REFERRAL.—If the contracting or grant officer of an 
executive agency for a grant, contract, or cooperative agreement 
receives credible information that a recipient of the grant, 
contract, or cooperative agreement; any subgrantee or subcon-
tractor of the recipient; or any agent of the recipient or of 
such a subgrantee or subcontractor, has engaged in an activity 
described in section 106(g) of the Trafficking Victims Protection 
22 USC 7104b. 
President. 
Consultation. 
Procedures. 
Records. 
Web posting. 
Procedures. 
22 USC 7104a. 
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126 STAT. 2095 
PUBLIC LAW 112–239—JAN. 2, 2013 
Act of 2000 (22 U.S.C. 7104(g)), as amended by section 1702, 
including a report from a contracting officer representative, 
an auditor, an alleged victim or victim’s representative, or 
any other credible source, the contracting or grant officer shall 
promptly refer the matter to the agency’s Office of Inspector 
General for investigation. The contracting officer may also 
direct the contractor to take specific steps to abate an alleged 
violation or enforce the requirements of a compliance plan 
implemented pursuant to section 1703. 
(2) INVESTIGATION.—An Inspector General who receives a 
referral under paragraph (1) or otherwise receives credible 
information that a recipient of the grant, contract, or coopera-
tive agreement; any subgrantee or subcontractor of the 
recipient; or any agent of the recipient or of such a subgrantee 
or subcontractor, has engaged in an activity described in section 
106(g) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7104(g)), as amended by section 1702, shall promptly 
review the referral or information and determine whether to 
initiate an investigation of the matter. In the event that an 
Inspector General does not initiate an investigation, the 
Inspector General shall document the rationale for the decision 
not to investigate. 
(3) CRIMINAL INVESTIGATION.—If the matter is referred to 
the Department of Justice for criminal prosecution, the 
Inspector General may suspend any investigation under this 
subsection pending the outcome of the criminal prosecution. 
The Inspector General shall notify the head of the executive 
agency that awarded the contract, grant, or cooperative agree-
ment of an indictment, information, or criminal complaint 
against the recipient of a contract, grant, or cooperative agree-
ment; any subgrantee or subcontractor of the recipient; or any 
agent of the recipient or of a subgrantee or subcontractor. 
If the criminal investigation results in a decision not to pros-
ecute, the Inspector General shall promptly determine whether 
to resume any investigation that was suspended pursuant to 
this paragraph. In the event that an Inspector General does 
not resume an investigation, the Inspector General shall docu-
ment the rationale for the decision. 
(b) REPORT.—Upon completion of an investigation under sub-
section (a), the Inspector General shall submit a report on the 
investigation to the head of the executive agency that awarded 
the contract, grant, or cooperative agreement. The report shall 
include the Inspector General’s conclusions regarding whether or 
not any allegations that the recipient of a grant, contract, or 
cooperative agreement; any subcontractor or subgrantee of the 
recipient; or any agent of the recipient or of such a subcontractor 
or subgrantee, engaged in any of the activities described in section 
106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7104(g)), as amended by section 1702, are substantiated. 
(c) REMEDIAL ACTIONS.— 
(1) IN GENERAL.—Upon receipt of an Inspector General’s 
report substantiating an allegation that the recipient of a con-
tract, grant, or cooperative agreement; any subgrantee or sub-
contractor of the recipient; or any agent of the recipient or 
of a subgrantee or subcontractor, engaged in any of the activi-
ties described in section 106(g) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by 
Documentation. 
Determination. 
Notification. 
Review. 
Determination. 
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126 STAT. 2096 
PUBLIC LAW 112–239—JAN. 2, 2013 
section 1702, or notification of an indictment, information, or 
criminal complaint for an offense under subsection (a)(3), the 
head of agency shall consider taking one or more of the fol-
lowing remedial actions: 
(A) Requiring the recipient to remove an employee 
from the performance of work under the grant, contract, 
or cooperative agreement. 
(B) Requiring the recipient to terminate a subcontract 
or subgrant. 
(C) Suspending payments under the grant, contract, 
or cooperative agreement until such time as the recipient 
of the grant, contract, or cooperative agreement has taken 
appropriate remedial action. 
(D) Withholding award fees, consistent with the award 
fee plan, for the performance period in which the agency 
determined the contractor or subcontractor engaged in any 
of the activities described in such section 106(g). 
(E) Declining to exercise available options under the 
contract. 
(F) Terminating the contract for default or cause, in 
accordance with the termination clause for the contract. 
(G) Referring the matter to the agency suspension 
and debarment official. 
(2) SAVINGS CLAUSE.—Nothing in this subsection shall be 
construed as limiting the scope of applicable remedies available 
to the Federal Government. 
(3) MITIGATING
FACTOR.—Where applicable, the head of 
an executive agency may consider whether the contractor or 
grantee had a plan in place under section 1703, and was 
in compliance with that plan at the time of the violation, 
as a mitigating factor in determining which remedies, if any, 
should apply. 
(4) AGGRAVATING FACTOR.—Where applicable, the head of 
an executive agency may consider the failure of a contractor 
or grantee to abate an alleged violation or enforce the require-
ments of a compliance plan when directed by a contracting 
officer pursuant to subsection (a)(1) as an aggravating factor 
in determining which remedies, if any, should apply. 
(d) INCLUSION OF REPORT CONCLUSIONS IN FAPIIS.— 
(1) IN GENERAL.—The head of an executive agency shall 
ensure that any substantiated allegation in the report under 
subsection (b) is included in the Federal Awardee Performance 
and Integrity Information System (FAPIIS) and that the con-
tractor has an opportunity to respond to any such report in 
accordance with applicable statutes and regulations. 
(2) AMENDMENT TO TITLE 41, UNITED STATES CODE.—Section 
2313(c)(1)(E) of title 41, United States Code, is amended to 
read as follows: 
‘‘(E) In an administrative proceeding— 
‘‘(i) a final determination of contractor fault by 
the Secretary of Defense pursuant to section 823(d) 
of the National Defense Authorization Act for Fiscal 
Year 2010 (10 U.S.C. 2302 note; Public Law 111–84); 
or 
‘‘(ii) a substantiated allegation, pursuant to section 
1704(b) of the National Defense Authorization Act for 
Fiscal Year 2013, that the contractor, a subcontractor, 
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126 STAT. 2097 
PUBLIC LAW 112–239—JAN. 2, 2013 
or an agent of the contractor or subcontractor engaged 
in any of the activities described in section 106(g) 
of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7104(g)).’’. 
SEC. 1705. NOTIFICATION TO INSPECTORS GENERAL AND COOPERA-
TION WITH GOVERNMENT. 
The head of an executive agency making or awarding a grant, 
contract, or cooperative agreement shall require that the recipient 
of the grant, contract, or cooperative agreement— 
(1) immediately inform the Inspector General of the execu-
tive agency of any information it receives from any source 
that alleges credible information that the recipient; any subcon-
tractor or subgrantee of the recipient; or any agent of the 
recipient or of such a subcontractor or subgrantee, has engaged 
in conduct described in section 106(g) of the Trafficking in 
Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended 
by section 1702 of this Act; and 
(2) fully cooperate with any Federal agencies responsible 
for audits, investigations, or corrective actions relating to traf-
ficking in persons. 
SEC. 1706. EXPANSION OF PENALTIES FOR FRAUD IN FOREIGN LABOR 
CONTRACTING TO INCLUDE ATTEMPTED FRAUD AND 
WORK OUTSIDE THE UNITED STATES. 
(a) IN GENERAL.—Section 1351 of title 18, United States Code, 
is amended— 
(1) by striking ‘‘Whoever knowingly and with the intent 
to defraud recruits, solicits or hires a person outside the United 
States’’ and inserting ‘‘(a) WORK INSIDE THE UNITED STATES.— 
Whoever knowingly and with intent to defraud recruits, solicits, 
or hires a person outside the United States or causes another 
person to recruit, solicit, or hire a person outside the United 
States, or attempts to do so,’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) WORK OUTSIDE THE UNITED STATES.—Whoever knowingly 
and with intent to defraud recruits, solicits, or hires a person 
outside the United States or causes another person to recruit, 
solicit, or hire a person outside the United States, or attempts 
to do so, for purposes of employment performed on a United States 
Government contract performed outside the United States, or on 
a United States military installation or mission outside the United 
States or other property or premises outside the United States 
owned or controlled by the United States Government, by means 
of materially false or fraudulent pretenses, representations, or 
promises regarding that employment, shall be fined under this 
title or imprisoned for not more than 5 years, or both.’’. 
(b) SPECIAL RULE
FOR ALIEN VICTIMS.—No alien may be 
admitted to the United States pursuant to subparagraph (U) of 
section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) as a result of the alien being a victim of a crime 
described in subsection (b) of section 1351 of title 18, United States 
Code, as added by subsection (a). 
8 USC 1101 note. 
22 USC 7104c. 
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126 STAT. 2098 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 1707. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY 
FOR REPORTING TRAFFICKING IN PERSONS CLAIMS AND 
VIOLATIONS. 
Section 105(d)(7)(H) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7103(d)(7)(H)) is amended— 
(1) in clause (ii), by striking ‘‘and’’ at the end; 
(2) by redesignating clause (iii) as clause (iv); 
(3) by inserting after clause (ii) the following new clause: 
‘‘(iii) all known trafficking in persons cases 
reported to the Under Secretary of Defense for Per-
sonnel and Readiness;’’; 
(4) in clause (iv), as redesignated by paragraph (2), by 
inserting ‘‘and’’ at the end after the semicolon; and 
(5) by adding at the end the following new clause: 
‘‘(v) all trafficking in persons activities of contrac-
tors reported to the Under Secretary of Defense for 
Acquisition, Technology, and Logistics;’’. 
SEC. 1708. RULES OF CONSTRUCTION; EFFECTIVE DATE. 
(a) LIABILITY.—Excluding section 1706, nothing in this title 
shall be construed to supersede, enlarge, or diminish the common 
law or statutory liabilities of any grantee, subgrantee, contractor, 
subcontractor, or other party covered by section 106(g) of the Traf-
ficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as 
amended by section 1702. 
(b) AUTHORITY OF DEPARTMENT OF JUSTICE.—Nothing in this 
title shall be construed as diminishing or otherwise modifying the 
authority of the Attorney General to investigate activities covered 
by this title. 
(c) IMPLEMENTATION AND EFFECTIVE DATES.— 
(1) CONTRACTING REQUIREMENTS.— 
(A) Not later than 270 days after the date of the 
enactment of this Act, the Federal Acquisition Regulation 
shall be amended to carry out the requirements of sections 
1702, 1703, and 1704(c), and the second sentence of section 
1704(a)(1), of this title. 
(B) The requirements of sections 1702, 1703, and 
1704(c), and the second sentence of section 1704(a)(1), of 
this title, shall apply to grants, contracts, and cooperative 
agreements entered into on or after the date that is 270 
days after the date of the enactment of this Act, and 
to task and delivery orders awarded on or after such date 
pursuant to contracts entered before, on, or after such 
date. 
(2) INVESTIGATIVE AND PROCEDURAL REQUIREMENTS.—Fed-
eral agencies shall implement the requirements of sections 
1704, 1705, and 1707 (other than subsection (c) of section 
1704) not later than 90 days after the date of the enactment 
of this Act. 
(3) CRIMINAL LAW CHANGES.—The amendments made by 
section 1706 shall take effect upon the date of enactment and 
shall apply to conduct taking place on or after such date. 
Deadlines. 
Applicability. 
22 USC 7104d. 
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126 STAT. 2099 
PUBLIC LAW 112–239—JAN. 2, 2013 
TITLE XVIII—FEDERAL ASSISTANCE TO 
FIRE DEPARTMENTS 
Subtitle A—Fire Grants Reauthorization 
Sec. 1801. Short title. 
Sec. 1802. Amendments to definitions. 
Sec. 1803. Assistance to firefighters grants. 
Sec. 1804. Staffing for adequate fire and emergency response. 
Sec. 1805. Sense of Congress on value and funding of Assistance to Firefighters and 
Staffing for Adequate Fire and Emergency Response programs. 
Sec. 1806. Report on amendments to Assistance to Firefighters and Staffing for 
Adequate Fire and Emergency Response programs. 
Sec. 1807. Studies and reports on the state of fire services. 
Subtitle B—Reauthorization of United States Fire Administration 
Sec. 1811. Short title. 
Sec. 1812. Clarification of relationship between United States Fire Administration 
and Federal Emergency Management Agency. 
Sec. 1813. Modification of authority of Administrator to educate public about fire 
and fire prevention. 
Sec. 1814. Authorization of appropriations. 
Sec. 1815. Removal of limitation. 
Subtitle A—Fire Grants Reauthorization 
SEC. 1801. SHORT TITLE. 
This subtitle may be cited as the ‘‘Fire Grants Reauthorization 
Act of 2012’’. 
SEC. 1802. AMENDMENTS TO DEFINITIONS. 
(a) IN GENERAL.—Section 4 of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2203) is amended— 
(1) in paragraph (3), by inserting ‘‘, except as otherwise 
provided,’’ after ‘‘means’’; 
(2) in paragraph (4), by striking ‘‘ ‘Director’ means’’ and 
all that follows through ‘‘Agency;’’ and inserting ‘‘ ‘Administrator 
of FEMA’ means the Administrator of the Federal Emergency 
Management Agency;’’; 
(3) in paragraph (5)— 
(A) by inserting ‘‘Indian tribe,’’ after ‘‘county,’’; and 
(B) by striking ‘‘and ‘firecontrol’ ’’ and inserting ‘‘and 
‘fire control’ ’’; 
(4) by redesignating paragraphs (6) through (9) as para-
graphs (7) through (10), respectively; 
(5) by inserting after paragraph (5), the following: 
‘‘(6) ‘Indian tribe’ has the meaning given that term in 
section 4 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b) and ‘tribal’ means of or per-
taining to an Indian tribe;’’; 
(6) by redesignating paragraphs (9) and (10), as redesig-
nated by paragraph (4), as paragraphs (10) and (11); 
(7) by inserting after paragraph (8), as redesignated by 
paragraph (4), the following: 
‘‘(9) ‘Secretary’ means, except as otherwise provided, the 
Secretary of Homeland Security;’’; and 
(8) by amending paragraph (10), as redesignated by para-
graph (6), to read as follows: 
‘‘(10) ‘State’ has the meaning given the term in section 
2 of the Homeland Security Act of 2002 (6 U.S.C. 101).’’. 
Fire Grants 
Reauthorization 
Act of 2012. 
15 USC 2201 
note. 
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126 STAT. 2100 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) CONFORMING AMENDMENTS.— 
(1) ADMINISTRATOR OF FEMA.—The Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended 
by striking ‘‘Director’’ each place it appears and inserting 
‘‘Administrator of FEMA’’. 
(2) ADMINISTRATOR OF FEMA’S AWARD.—Section 15 of such 
Act (15 U.S.C. 2214) is amended by striking ‘‘Director’s Award’’ 
each place it appears and inserting ‘‘Administrator’s Award’’. 
SEC. 1803. ASSISTANCE TO FIREFIGHTERS GRANTS. 
Section 33 of the Federal Fire Prevention and Control Act 
of 1974 (15 U.S.C. 2229) is amended to read as follows: 
‘‘SEC. 33. FIREFIGHTER ASSISTANCE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTRATOR
OF
FEMA.—The term ‘Administrator 
of FEMA’ means the Administrator of FEMA, acting through 
the Administrator. 
‘‘(2) AVAILABLE GRANT FUNDS.—The term ‘available grant 
funds’, with respect to a fiscal year, means those funds appro-
priated pursuant to the authorization of appropriations in sub-
section (q)(1) for such fiscal year less any funds used for 
administrative costs pursuant to subsection (q)(2) in such fiscal 
year. 
‘‘(3) CAREER
FIRE
DEPARTMENT.—The term ‘career fire 
department’ means a fire department that has an all-paid force 
of firefighting personnel other than paid-on-call firefighters. 
‘‘(4) COMBINATION FIRE DEPARTMENT.—The term ‘combina-
tion fire department’ means a fire department that has— 
‘‘(A) paid firefighting personnel; and 
‘‘(B) volunteer firefighting personnel. 
‘‘(5) FIREFIGHTING PERSONNEL.—The term ‘firefighting per-
sonnel’ means individuals, including volunteers, who are fire-
fighters, officers of fire departments, or emergency medical 
service personnel of fire departments. 
‘‘(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu-
tion of higher education’ has the meaning given such term 
in section 101 of the Higher Education Act of 1965 (20 U.S.C. 
1001). 
‘‘(7) NONAFFILIATED EMS ORGANIZATION.—The term ‘non-
affiliated EMS organization’ means a public or private nonprofit 
emergency medical services organization that is not affiliated 
with a hospital and does not serve a geographic area in which 
the Administrator of FEMA finds that emergency medical serv-
ices are adequately provided by a fire department. 
‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ with respect 
to firefighting personnel means firefighting personnel who are 
paid a stipend for each event to which they respond. 
‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The term ‘volunteer 
fire department’ means a fire department that has an all- 
volunteer force of firefighting personnel. 
‘‘(b) ASSISTANCE PROGRAM.— 
‘‘(1) AUTHORITY.—In accordance with this section, the 
Administrator of FEMA may award— 
‘‘(A) assistance to firefighters grants under subsection 
(c); and 
‘‘(B) fire prevention and safety grants and other assist-
ance under subsection (d). 
15 USC 2204, 
2206, 2210, 2214, 
2215, 2217, 2218, 
2224, 2226; 
42 USC 290a. 
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126 STAT. 2101 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) ADMINISTRATIVE
ASSISTANCE.—The Administrator of 
FEMA shall— 
‘‘(A) establish specific criteria for the selection of grant 
recipients under this section; and 
‘‘(B) provide assistance with application preparation 
to applicants for such grants. 
‘‘(c) ASSISTANCE TO FIREFIGHTERS GRANTS.— 
‘‘(1) IN GENERAL.—The Administrator of FEMA may, in 
consultation with the chief executives of the States in which 
the recipients are located, award grants on a competitive basis 
directly to— 
‘‘(A) fire departments, for the purpose of protecting 
the health and safety of the public and firefighting per-
sonnel throughout the United States against fire, fire- 
related, and other hazards; 
‘‘(B) nonaffiliated EMS organizations to support the 
provision of emergency medical services; and 
‘‘(C) State fire training academies for the purposes 
described in subparagraphs (G), (H), and (I) of paragraph 
(3). 
‘‘(2) MAXIMUM GRANT AMOUNTS.— 
‘‘(A) POPULATION.—The Administrator of FEMA may 
not award a grant under this subsection in excess of 
amounts as follows: 
‘‘(i) In the case of a recipient that serves a jurisdic-
tion with 100,000 people or fewer, the amount of the 
grant awarded to such recipient shall not exceed 
$1,000,000 in any fiscal year. 
‘‘(ii) In the case of a recipient that serves a jurisdic-
tion with more than 100,000 people but not more than 
500,000 people, the amount of the grant awarded to 
such recipient shall not exceed $2,000,000 in any fiscal 
year. 
‘‘(iii) In the case of a recipient that serves a juris-
diction with more than 500,000 but not more than 
1,000,000 people, the amount of the grant awarded 
to such recipient shall not exceed $3,000,000 in any 
fiscal year. 
‘‘(iv) In the case of a recipient that serves a juris-
diction with more than 1,000,000 people but not more 
than 2,500,000 people, the amount of the grant 
awarded to such recipient shall not exceed $6,000,000 
for any fiscal year. 
‘‘(v) In the case of a recipient that serves a jurisdic-
tion with more than 2,500,000 people, the amount of 
the grant awarded to such recipient shall not exceed 
$9,000,000 in any fiscal year. 
‘‘(B) AGGREGATE.— 
‘‘(i) IN GENERAL.—Notwithstanding subparagraphs 
(A) and (B) and except as provided under clause (ii), 
the Administrator of FEMA may not award a grant 
under this subsection in a fiscal year in an amount 
that exceeds the amount that is one percent of the 
available grant funds in such fiscal year. 
‘‘(ii) EXCEPTION.—The Administrator of FEMA may 
waive the limitation in clause (i) with respect to a 
Waiver authority. 
Determination. 
Criteria. 
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126 STAT. 2102 
PUBLIC LAW 112–239—JAN. 2, 2013 
grant recipient if the Administrator of FEMA deter-
mines that such recipient has an extraordinary need 
for a grant in an amount that exceeds the limit under 
clause (i). 
‘‘(3) USE OF GRANT FUNDS.—Each entity receiving a grant 
under this subsection shall use the grant for one or more 
of the following purposes: 
‘‘(A) To train firefighting personnel in— 
‘‘(i) firefighting; 
‘‘(ii) emergency medical services and other emer-
gency response (including response to natural disas-
ters, acts of terrorism, and other man-made disasters); 
‘‘(iii) arson prevention and detection; 
‘‘(iv) maritime firefighting; or 
‘‘(v) the handling of hazardous materials. 
‘‘(B) To train firefighting personnel to provide any of 
the training described under subparagraph (A). 
‘‘(C) To fund the creation of rapid intervention teams 
to protect firefighting personnel at the scenes of fires and 
other emergencies. 
‘‘(D) To certify— 
‘‘(i) fire inspectors; and 
‘‘(ii) building inspectors— 
‘‘(I) whose responsibilities include fire safety 
inspections; and 
‘‘(II) who are employed by or serving as volun-
teers with a fire department. 
‘‘(E) To establish wellness and fitness programs for 
firefighting personnel to ensure that the firefighting per-
sonnel are able to carry out their duties as firefighters, 
including programs dedicated to raising awareness of, and 
prevention of, job-related mental health issues. 
‘‘(F) To fund emergency medical services provided by 
fire departments and nonaffiliated EMS organizations. 
‘‘(G) 
To 
acquire 
additional 
firefighting 
vehicles, 
including fire trucks and other apparatus. 
‘‘(H) To acquire additional firefighting equipment, 
including equipment for— 
‘‘(i) fighting fires with foam in remote areas with-
out access to water; and 
‘‘(ii) communications, monitoring, and response to 
a natural disaster, act of terrorism, or other man- 
made disaster, including the use of a weapon of mass 
destruction. 
‘‘(I) 
To 
acquire 
personal 
protective 
equipment, 
including personal protective equipment— 
‘‘(i) prescribed for firefighting personnel by the 
Occupational Safety and Health Administration of the 
Department of Labor; or 
‘‘(ii) for responding to a natural disaster or act 
of terrorism or other man-made disaster, including the 
use of a weapon of mass destruction. 
‘‘(J) To modify fire stations, fire training facilities, and 
other facilities to protect the health and safety of fire-
fighting personnel. 
‘‘(K) To educate the public about arson prevention and 
detection. 
Certification. 
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126 STAT. 2103 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(L) To provide incentives for the recruitment and 
retention of volunteer firefighting personnel for volunteer 
firefighting departments and other firefighting depart-
ments that utilize volunteers. 
‘‘(M) To support such other activities, consistent with 
the purposes of this subsection, as the Administrator of 
FEMA determines appropriate. 
‘‘(d) FIRE PREVENTION AND SAFETY GRANTS.— 
‘‘(1) IN GENERAL.—For the purpose of assisting fire preven-
tion programs and supporting firefighter health and safety 
research and development, the Administrator of FEMA may, 
on a competitive basis— 
‘‘(A) award grants to fire departments; 
‘‘(B) award grants to, or enter into contracts or coopera-
tive agreements with, national, State, local, tribal, or non-
profit organizations that are not fire departments and that 
are recognized for their experience and expertise with 
respect to fire prevention or fire safety programs and activi-
ties and firefighter research and development programs, 
for the purpose of carrying out— 
‘‘(i) fire prevention programs; and 
‘‘(ii) research to improve firefighter health and life 
safety; and 
‘‘(C) award grants to institutions of higher education, 
national fire service organizations, or national fire safety 
organizations to establish and operate fire safety research 
centers. 
‘‘(2) MAXIMUM GRANT AMOUNT.—A grant awarded under 
this subsection may not exceed $1,500,000 for a fiscal year. 
‘‘(3) USE OF GRANT FUNDS.—Each entity receiving a grant 
under this subsection shall use the grant for one or more 
of the following purposes: 
‘‘(A) To enforce fire codes and promote compliance with 
fire safety standards. 
‘‘(B) To fund fire prevention programs, including pro-
grams that educate the public about arson prevention and 
detection. 
‘‘(C) To fund wildland fire prevention programs, 
including education, awareness, and mitigation programs 
that protect lives, property, and natural resources from 
fire in the wildland-urban interface. 
‘‘(D) In the case of a grant awarded under paragraph 
(1)(C), to fund the establishment or operation of a fire 
safety research center for the purpose of significantly 
reducing the number of fire-related deaths and injuries 
among firefighters and the general public through research, 
development, and technology transfer activities. 
‘‘(E) To support such other activities, consistent with 
the purposes of this subsection, as the Administrator of 
FEMA determines appropriate. 
‘‘(4) LIMITATION.—None of the funds made available under 
this subsection may be provided to the Association of Commu-
nity Organizations for Reform Now (ACORN) or any of its 
affiliates, subsidiaries, or allied organizations. 
‘‘(e) APPLICATIONS FOR GRANTS.— 
ACORN. 
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126 STAT. 2104 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(1) IN GENERAL.—An entity seeking a grant under this 
section shall submit to the Administrator of FEMA an applica-
tion therefor in such form and in such manner as the Adminis-
trator of FEMA determines appropriate. 
‘‘(2) ELEMENTS.—Each application submitted under para-
graph (1) shall include the following: 
‘‘(A) A description of the financial need of the applicant 
for the grant. 
‘‘(B) An analysis of the costs and benefits, with respect 
to public safety, of the use for which a grant is requested. 
‘‘(C) An agreement to provide information to the 
national fire incident reporting system for the period cov-
ered by the grant. 
‘‘(D) A list of other sources of funding received by 
the applicant— 
‘‘(i) for the same purpose for which the application 
for a grant under this section was submitted; or 
‘‘(ii) from the Federal Government for other fire- 
related purposes. 
‘‘(E) Such other information as the Administrator of 
FEMA determines appropriate. 
‘‘(3) JOINT OR REGIONAL APPLICATIONS.— 
‘‘(A) IN GENERAL.—Two or more entities may submit 
an application under paragraph (1) for a grant under this 
section to fund a joint program or initiative, including 
acquisition of shared equipment or vehicles. 
‘‘(B) NONEXCLUSIVITY.—Applications under this para-
graph may be submitted instead of or in addition to any 
other application submitted under paragraph (1). 
‘‘(C) GUIDANCE.—The Administrator of FEMA shall— 
‘‘(i) publish guidance on applying for and admin-
istering grants awarded for joint programs and initia-
tives described in subparagraph (A); and 
‘‘(ii) encourage applicants to apply for grants for 
joint programs and initiatives described in subpara-
graph (A) as the Administrator of FEMA determines 
appropriate to achieve greater cost effectiveness and 
regional efficiency. 
‘‘(f) PEER REVIEW OF GRANT APPLICATIONS.— 
‘‘(1) IN GENERAL.—The Administrator of FEMA shall, after 
consultation with national fire service and emergency medical 
services organizations, appoint fire service personnel to conduct 
peer reviews of applications received under subsection (e)(1). 
‘‘(2) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 
The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to activities carried out pursuant to this subsection. 
‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In awarding grants 
under this section, the Administrator of FEMA shall consider the 
following: 
‘‘(1) The findings and recommendations of the peer reviews 
carried out under subsection (f). 
‘‘(2) The degree to which an award will reduce deaths, 
injuries, and property damage by reducing the risks associated 
with fire-related and other hazards. 
‘‘(3) The extent of the need of an applicant for a grant 
under this section and the need to protect the United States 
as a whole. 
Consultation. 
Publication. 
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126 STAT. 2105 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(4) The number of calls requesting or requiring a fire 
fighting or emergency medical response received by an 
applicant. 
‘‘(h) ALLOCATION OF GRANT AWARDS.—In awarding grants under 
this section, the Administrator of FEMA shall ensure that of the 
available grant funds in each fiscal year— 
‘‘(1) not less than 25 percent are awarded under subsection 
(c) to career fire departments; 
‘‘(2) not less than 25 percent are awarded under subsection 
(c) to volunteer fire departments; 
‘‘(3) not less than 25 percent are awarded under subsection 
(c) to combination fire departments and fire departments using 
paid-on-call firefighting personnel; 
‘‘(4) not less than 10 percent are available for open competi-
tion among career fire departments, volunteer fire departments, 
combination fire departments, and fire departments using paid- 
on-call firefighting personnel for grants awarded under sub-
section (c); 
‘‘(5) not less than 10 percent are awarded under subsection 
(d); and 
‘‘(6) not more than 2 percent are awarded under this section 
to nonaffiliated EMS organizations described in subsection 
(c)(1)(B). 
‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITATIONS.— 
‘‘(1) FUNDING FOR EMERGENCY MEDICAL SERVICES.—Not less 
than 3.5 percent of the available grant funds for a fiscal year 
shall be awarded under this section for purposes described 
in subsection (c)(3)(F). 
‘‘(2) STATE FIRE TRAINING ACADEMIES.— 
‘‘(A) MAXIMUM SHARE.—Not more than 3 percent of 
the available grant funds for a fiscal year may be awarded 
under subsection (c)(1)(C). 
‘‘(B) MAXIMUM GRANT AMOUNT.—The Administrator of 
FEMA may not award a grant under subsection (c)(1)(C) 
to a State fire training academy in an amount that exceeds 
$1,000,000 in any fiscal year. 
‘‘(3) AMOUNTS FOR PURCHASING FIREFIGHTING VEHICLES.— 
Not more than 25 percent of the available grant funds for 
a fiscal year may be used to assist grant recipients to purchase 
vehicles pursuant to subsection (c)(3)(G). 
‘‘(j) FURTHER CONSIDERATIONS.— 
‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS TO FIRE DEPART-
MENTS.—In considering applications for grants under subsection 
(c)(1)(A), the Administrator of FEMA shall consider— 
‘‘(A) the extent to which the grant would enhance the 
daily operations of the applicant and the impact of such 
a grant on the protection of lives and property; and 
‘‘(B) a broad range of factors important to the 
applicant’s ability to respond to fires and related hazards, 
such as the following: 
‘‘(i) Population served. 
‘‘(ii) Geographic response area. 
‘‘(iii) Hazards vulnerability. 
‘‘(iv) Call volume. 
‘‘(v) Financial situation, including unemployment 
rate of the area being served. 
‘‘(vi) Need for training or equipment. 
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126 STAT. 2106 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) APPLICATIONS
FROM
NONAFFILIATED
EMS
ORGANIZA-
TIONS.—In the case of an application submitted under sub-
section (e)(1) by a nonaffiliated EMS organization, the Adminis-
trator of FEMA shall consider the extent to which other sources 
of Federal funding are available to the applicant to provide 
the assistance requested in such application. 
‘‘(3) AWARDING FIRE PREVENTION AND SAFETY GRANTS TO 
CERTAIN ORGANIZATIONS THAT ARE NOT FIRE DEPARTMENTS.— 
In the case of applicants for grants under this section who 
are described in subsection (d)(1)(B), the Administrator of 
FEMA shall give priority to applicants who focus on— 
‘‘(A) prevention of injuries to high risk groups from 
fire; and 
‘‘(B) research programs that demonstrate a potential 
to improve firefighter safety. 
‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RESEARCH CEN-
TERS.— 
‘‘(A) CONSIDERATIONS.—In awarding grants under sub-
section (d)(1)(C), the Administrator of FEMA shall— 
‘‘(i) select each grant recipient on— 
‘‘(I) the demonstrated research and extension 
resources available to the recipient to carry out 
the research, development, and technology transfer 
activities; 
‘‘(II) the capability of the recipient to provide 
leadership in making national contributions to fire 
safety; 
‘‘(III) the recipient’s ability to disseminate the 
results of fire safety research; and 
‘‘(IV) the strategic plan the recipient proposes 
to carry out under the grant; 
‘‘(ii) give special consideration in selecting recipi-
ents under subparagraph (A) to an applicant for a 
grant that consists of a partnership between— 
‘‘(I) a national fire service organization or a 
national fire safety organization; and 
‘‘(II) an institution of higher education, 
including 
a 
minority-serving 
institution 
(as 
described in section 371(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1067q(a))); and 
‘‘(iii) consider the research needs identified and 
prioritized through the workshop required by subpara-
graph (B)(i). 
‘‘(B) RESEARCH NEEDS.— 
‘‘(i) IN
GENERAL.—Not later than 90 days after 
the date of the enactment of the Fire Grants Reauthor-
ization Act of 2012, the Administrator of FEMA shall 
convene a workshop of the fire safety research commu-
nity, fire service organizations, and other appropriate 
stakeholders to identify and prioritize fire safety 
research needs. 
‘‘(ii) PUBLICATION.—The Administrator of FEMA 
shall ensure that the results of the workshop are made 
available to the public. 
‘‘(C) LIMITATIONS
ON
GRANTS
FOR
FIRE
SAFETY 
RESEARCH CENTERS.— 
Public 
information. 
Deadline. 
Workshop. 
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126 STAT. 2107 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(i) IN GENERAL.—The Administrator of FEMA may 
award grants under subsection (d) to establish not 
more than 3 fire safety research centers. 
‘‘(ii) RECIPIENTS.—An institution of higher edu-
cation, a national fire service organization, and a 
national fire safety organization may not directly 
receive a grant under subsection (d) for a fiscal year 
for more than 1 fire safety research center. 
‘‘(5) AVOIDING DUPLICATION.—The Administrator of FEMA 
shall review lists submitted by applicants pursuant to sub-
section (e)(2)(D) and take such actions as the Administrator 
of FEMA considers necessary to prevent unnecessary duplica-
tion of grant awards. 
‘‘(k) MATCHING AND MAINTENANCE OF EXPENDITURE REQUIRE-
MENTS.— 
‘‘(1) MATCHING
REQUIREMENT
FOR
ASSISTANCE
TO
FIRE-
FIGHTERS GRANTS.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), an applicant seeking a grant to carry out an activity 
under subsection (c) shall agree to make available non- 
Federal funds to carry out such activity in an amount 
equal to not less than 15 percent of the grant awarded 
to such applicant under such subsection. 
‘‘(B) EXCEPTION FOR ENTITIES SERVING SMALL COMMU-
NITIES.—In the case that an applicant seeking a grant 
to carry out an activity under subsection (c) serves a juris-
diction of— 
‘‘(i) more than 20,000 residents but not more than 
1,000,000 residents, the application shall agree to make 
available non-Federal funds in an amount equal to 
not less than 10 percent of the grant awarded to such 
applicant under such subsection; and 
‘‘(ii) 20,000 residents or fewer, the applicant shall 
agree to make available non-Federal funds in an 
amount equal to not less than 5 percent of the grant 
awarded to such applicant under such subsection. 
‘‘(2) MATCHING REQUIREMENT FOR FIRE PREVENTION AND 
SAFETY GRANTS.— 
‘‘(A) IN
GENERAL.—An applicant seeking a grant to 
carry out an activity under subsection (d) shall agree to 
make available non-Federal funds to carry out such activity 
in an amount equal to not less than 5 percent of the 
grant awarded to such applicant under such subsection. 
‘‘(B) MEANS OF MATCHING.—An applicant for a grant 
under subsection (d) may meet the matching requirement 
under subparagraph (A) through direct funding, funding 
of complementary activities, or the provision of staff, facili-
ties, services, material, or equipment. 
‘‘(3) 
MAINTENANCE
OF
EXPENDITURES.—An 
applicant 
seeking a grant under subsection (c) or (d) shall agree to main-
tain during the term of the grant the applicant’s aggregate 
expenditures relating to the uses described in subsections (c)(3) 
and (d)(3) at not less than 80 percent of the average amount 
of such expenditures in the 2 fiscal years preceding the fiscal 
year in which the grant amounts are received. 
‘‘(4) WAIVER.— 
Contracts. 
Review. 
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126 STAT. 2108 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(C)(ii), the Administrator of FEMA may waive or reduce 
the requirements of paragraphs (1), (2), and (3) in cases 
of demonstrated economic hardship. 
‘‘(B) GUIDELINES.— 
‘‘(i) IN
GENERAL.—The Administrator of FEMA 
shall establish and publish guidelines for determining 
what constitutes economic hardship for purposes of 
this paragraph. 
‘‘(ii) CONSULTATION.—In developing guidelines 
under clause (i), the Administrator of FEMA shall con-
sult with individuals who are— 
‘‘(I) recognized for expertise in firefighting, 
emergency medical services provided by fire serv-
ices, or the economic affairs of State and local 
governments; and 
‘‘(II) members of national fire service organiza-
tions or national organizations representing the 
interests of State and local governments. 
‘‘(iii) CONSIDERATIONS.—In developing guidelines 
under clause (i), the Administrator of FEMA shall con-
sider, with respect to relevant communities, the fol-
lowing: 
‘‘(I) Changes in rates of unemployment from 
previous years. 
‘‘(II) Whether the rates of unemployment of 
the relevant communities are currently and have 
consistently exceeded the annual national average 
rates of unemployment. 
‘‘(III) Changes in percentages of individuals 
eligible to receive food stamps from previous years. 
‘‘(IV) Such other factors as the Administrator 
of FEMA considers appropriate. 
‘‘(C) CERTAIN APPLICANTS FOR FIRE PREVENTION AND 
SAFETY GRANTS.—The authority under subparagraph (A) 
shall not apply with respect to a nonprofit organization 
that— 
‘‘(i) is described in subsection (d)(1)(B); and 
‘‘(ii) is not a fire department or emergency medical 
services organization. 
‘‘(l) GRANT GUIDELINES.— 
‘‘(1) GUIDELINES.—For each fiscal year, prior to awarding 
any grants under this section, the Administrator of FEMA 
shall publish in the Federal Register— 
‘‘(A) guidelines that describe— 
‘‘(i) the process for applying for grants under this 
section; and 
‘‘(ii) the criteria that will be used for selecting 
grant recipients; and 
‘‘(B) an explanation of any differences between such 
guidelines and the recommendations obtained under para-
graph (2). 
‘‘(2) ANNUAL MEETING TO OBTAIN RECOMMENDATIONS.— 
‘‘(A) IN GENERAL.—For each fiscal year, the Adminis-
trator of FEMA shall convene a meeting of qualified mem-
bers of national fire service organizations and, at the discre-
tion of the Administrator of FEMA, qualified members 
Federal Register, 
publication. 
Publication. 
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126 STAT. 2109 
PUBLIC LAW 112–239—JAN. 2, 2013 
of emergency medical service organizations to obtain rec-
ommendations regarding the following: 
‘‘(i) Criteria for the awarding of grants under this 
section. 
‘‘(ii) Administrative changes to the assistance pro-
gram established under subsection (b). 
‘‘(B) QUALIFIED MEMBERS.—For purposes of this para-
graph, a qualified member of an organization is a member 
who— 
‘‘(i) is recognized for expertise in firefighting or 
emergency medical services; 
‘‘(ii) is not an employee of the Federal Government; 
and 
‘‘(iii) in the case of a member of an emergency 
medical service organization, is a member of an 
organization that represents— 
‘‘(I) providers of emergency medical services 
that are affiliated with fire departments; or 
‘‘(II) nonaffiliated EMS providers. 
‘‘(3) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 
The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to activities carried out under this subsection. 
‘‘(m) ACCOUNTING DETERMINATION.—Notwithstanding any other 
provision of law, for purposes of this section, equipment costs shall 
include all costs attributable to any design, purchase of components, 
assembly, manufacture, and transportation of equipment not other-
wise commercially available. 
‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF ALASKA NATIVE VIL-
LAGES.—The Alaska Village Initiatives, a non-profit organization 
incorporated in the State of Alaska, shall be eligible to apply for 
and receive a grant or other assistance under this section on behalf 
of Alaska Native villages. 
‘‘(o) TRAINING STANDARDS.—If an applicant for a grant under 
this section is applying for such grant to purchase training that 
does not meet or exceed any applicable national voluntary consensus 
standards, including those developed under section 647 of the Post- 
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
747), the applicant shall submit to the Administrator of FEMA 
an explanation of the reasons that the training proposed to be 
purchased will serve the needs of the applicant better than training 
that meets or exceeds such standards. 
‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.— 
‘‘(1) AUDITS.—The Administrator of FEMA may audit a 
recipient of a grant awarded under this section to ensure that— 
‘‘(A) the grant amounts are expended for the intended 
purposes; and 
‘‘(B) the grant recipient complies with the requirements 
of subsection (k). 
‘‘(2) PERFORMANCE ASSESSMENT.— 
‘‘(A) IN GENERAL.—The Administrator of FEMA shall 
develop and implement a performance assessment system, 
including quantifiable performance metrics, to evaluate the 
extent to which grants awarded under this section are 
furthering the purposes of this section, including protecting 
the health and safety of the public and firefighting per-
sonnel against fire and fire-related hazards. 
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126 STAT. 2110 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(B) CONSULTATION.—The Administrator of FEMA 
shall consult with fire service representatives and with 
the Comptroller General of the United States in developing 
the assessment system required by subparagraph (A). 
‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF FEMA.—Not 
less frequently than once each year during the term of a grant 
awarded under this section, the recipient of the grant shall 
submit to the Administrator of FEMA an annual report 
describing how the recipient used the grant amounts. 
‘‘(4) ANNUAL REPORTS TO CONGRESS.— 
‘‘(A) IN GENERAL.—Not later than September 30, 2013, 
and each year thereafter through 2017, the Administrator 
of FEMA shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the 
Committee on Science and Technology and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives a report that provides— 
‘‘(i) information on the performance assessment 
system developed under paragraph (2); and 
‘‘(ii) using the performance metrics developed 
under such paragraph, an evaluation of the effective-
ness of the grants awarded under this section. 
‘‘(B) ADDITIONAL INFORMATION.—The report due under 
subparagraph (A) on September 30, 2016, shall also include 
recommendations for legislative changes to improve grants 
under this section. 
‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be appropriated 
to carry out this section— 
‘‘(A) $750,000,000 for fiscal year 2013; and 
‘‘(B) for each of fiscal years 2014 through 2017, an 
amount equal to the amount authorized for the previous 
fiscal year increased by the percentage by which— 
‘‘(i) the Consumer Price Index (all items, United 
States city average) for the previous fiscal year, exceeds 
‘‘(ii) the Consumer Price Index for the fiscal year 
preceding the fiscal year described in clause (i). 
‘‘(2) ADMINISTRATIVE
EXPENSES.—Of the amounts appro-
priated pursuant to paragraph (1) for a fiscal year, the Adminis-
trator of FEMA may use not more than 5 percent of such 
amounts for salaries and expenses and other administrative 
costs incurred by the Administrator of FEMA in the course 
of awarding grants and providing assistance under this section. 
‘‘(3) CONGRESSIONALLY
DIRECTED
SPENDING.—Consistent 
with the requirements in subsections (c)(1) and (d)(1) that 
grants under those subsections be awarded on a competitive 
basis, none of the funds appropriated pursuant to this sub-
section may be used for any congressionally directed spending 
item (as defined under the rules of the Senate and the House 
of Representatives). 
‘‘(r) SUNSET OF AUTHORITIES.—The authority to award assist-
ance and grants under this section shall expire on the date that 
is 5 years after the date of the enactment of the Fire Grants 
Reauthorization Act of 2012.’’. 
Recommenda- 
tions. 
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126 STAT. 2111 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 
1804. 
STAFFING 
FOR 
ADEQUATE 
FIRE 
AND 
EMERGENCY 
RESPONSE. 
(a) IMPROVEMENTS TO HIRING GRANTS.— 
(1) TERM OF GRANTS.—Subparagraph (B) of section 34(a)(1) 
of the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229a(a)(1)) is amended to read as follows: 
‘‘(B) Grants made under this paragraph shall be for 3 
years and be used for programs to hire new, additional fire-
fighters.’’. 
(2) LIMITATION
OF
PORTION
OF
COSTS
OF
HIRING
FIRE-
FIGHTERS.—Subparagraph (E) of such section is amended to 
read as follows: 
‘‘(E) The portion of the costs of hiring firefighters provided 
by a grant under this paragraph may not exceed— 
‘‘(i) 75 percent in the first year of the grant; 
‘‘(ii) 75 percent in the second year of the grant; and 
‘‘(iii) 35 percent in the third year of the grant.’’. 
(b) CLARIFICATION REGARDING ELIGIBLE ENTITIES FOR RECRUIT-
MENT
AND RETENTION GRANTS.—The second sentence of section 
34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is amended by striking 
‘‘organizations on a local or statewide basis’’ and inserting ‘‘national, 
State, local, or tribal organizations’’. 
(c) MAXIMUM AMOUNT FOR HIRING A FIREFIGHTER.—Paragraph 
(4) of section 34(c) of such Act (15 U.S.C. 2229a(c)) is amended 
to read as follows: 
‘‘(4) The amount of funding provided under this section to 
a recipient fire department for hiring a firefighter in any fiscal 
year may not exceed— 
‘‘(A) in the first year of the grant, 75 percent of the usual 
annual cost of a first-year firefighter in that department at 
the time the grant application was submitted; 
‘‘(B) in the second year of the grant, 75 percent of the 
usual annual cost of a first-year firefighter in that department 
at the time the grant application was submitted; and 
‘‘(C) in the third year of the grant, 35 percent of the 
usual annual cost of a first-year firefighter in that department 
at the time the grant application was submitted.’’. 
(d) WAIVERS.—Section 34 of such Act (15 U.S.C. 2229a) is 
amended— 
(1) by redesignating subsections (d) through (i) as sub-
sections (e) through (j), respectively; and 
(2) by inserting after subsection (c) the following: 
‘‘(d) WAIVERS.— 
‘‘(1) IN GENERAL.—In a case of demonstrated economic hard-
ship, the Administrator of FEMA may— 
‘‘(A) waive the requirements of subsection (c)(1); or 
‘‘(B) waive or reduce the requirements in subsection 
(a)(1)(E) or subsection (c)(2). 
‘‘(2) GUIDELINES.— 
‘‘(A) IN GENERAL.—The Administrator of FEMA shall 
establish and publish guidelines for determining what con-
stitutes economic hardship for purposes of paragraph (1). 
‘‘(B) CONSULTATION.—In developing guidelines under 
subparagraph (A), the Administrator of FEMA shall consult 
with individuals who are— 
‘‘(i) recognized for expertise in firefighting, emer-
gency medical services provided by fire services, or 
Publication. 
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126 STAT. 2112 
PUBLIC LAW 112–239—JAN. 2, 2013 
the economic affairs of State and local governments; 
and 
‘‘(ii) members of national fire service organizations 
or national organizations representing the interests 
of State and local governments. 
‘‘(C) CONSIDERATIONS.—In developing guidelines under 
subparagraph (A), the Administrator of FEMA shall con-
sider, with respect to relevant communities, the following: 
‘‘(i) Changes in rates of unemployment from pre-
vious years. 
‘‘(ii) Whether the rates of unemployment of the 
relevant communities are currently and have consist-
ently exceeded the annual national average rates of 
unemployment. 
‘‘(iii) Changes in percentages of individuals eligible 
to receive food stamps from previous years. 
‘‘(iv) Such other factors as the Administrator of 
FEMA considers appropriate.’’. 
(e) IMPROVEMENTS
TO PERFORMANCE EVALUATION REQUIRE-
MENTS.—Subsection (e) of section 34 of such Act (15 U.S.C. 2229a), 
as redesignated by subsection (d)(1) of this section, is amended 
by inserting before the first sentence the following: 
‘‘(1) IN GENERAL.—The Administrator of FEMA shall estab-
lish a performance assessment system, including quantifiable 
performance metrics, to evaluate the extent to which grants 
awarded under this section are furthering the purposes of this 
section. 
‘‘(2) SUBMITTAL OF INFORMATION.—’’. 
(f) REPORT.— 
(1) IN GENERAL.—Subsection (f) of section 34 of such Act 
(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this 
section, is amended by striking ‘‘The authority’’ and all that 
follows through ‘‘Congress concerning’’ and inserting the fol-
lowing: ‘‘Not later than September 30, 2014, the Administrator 
of FEMA shall submit to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Committee 
on Science and Technology and the Committee on Transpor-
tation and Infrastructure of the House of Representatives a 
report on’’. 
(2) CONFORMING AMENDMENT.—The heading for subsection 
(f) of section 34 of such Act (15 U.S.C. 2229a), as redesignated 
by subsection (d)(1) of this section, is amended by striking 
‘‘SUNSET AND REPORTS’’ and inserting ‘‘REPORT’’. 
(g) ADDITIONAL DEFINITIONS.— 
(1) IN GENERAL.—Subsection (i) of section 34 of such Act 
(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this 
section, is amended— 
(A) in the matter before paragraph (1), by striking 
‘‘In this section, the term—’’ and inserting ‘‘In this section:’’; 
(B) in paragraph (1)— 
(i) by inserting ‘‘The term’’ before ‘‘ ‘firefighter’ 
has’’; and 
(ii) by striking ‘‘; and’’ and inserting a period; 
(C) by striking paragraph (2); and 
(D) by inserting at the end the following: 
Assessment. 
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126 STAT. 2113 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) The terms ‘Administrator of FEMA’, ‘career fire depart-
ment’, ‘combination fire department’, and ‘volunteer fire depart-
ment’ have the meanings given such terms in section 33(a).’’. 
(2) CONFORMING AMENDMENT.—Section 34(a)(1)(A) of such 
Act (15 U.S.C. 2229a(a)(1)(A)) is amended by striking ‘‘career, 
volunteer, and combination fire departments’’ and inserting 
‘‘career fire departments, combination fire departments, and 
volunteer fire departments’’. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—Subsection (j) of section 34 of such Act 
(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this 
section, is amended— 
(A) in paragraph (6), by striking ‘‘and’’ at the end; 
(B) in paragraph (7), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(8) $750,000,000 for fiscal year 2013; and 
‘‘(9) for each of fiscal years 2014 through 2017, an amount 
equal to the amount authorized for the previous fiscal year 
increased by the percentage by which— 
‘‘(A) the Consumer Price Index (all items, United States 
city average) for the previous fiscal year, exceeds 
‘‘(B) the Consumer Price Index for the fiscal year pre-
ceding the fiscal year described in subparagraph (A).’’. 
(2) ADMINISTRATIVE EXPENSES.—Such subsection (j) is fur-
ther amended— 
(A) in paragraph (9), as added by paragraph (1) of 
this subsection, by redesignating subparagraphs (A) and 
(B) as clauses (i) and (ii), respectively, and moving the 
left margin of such clauses, as so redesignated, 2 ems 
to the right; 
(B) by redesignating paragraphs (1) through (9) as 
subparagraphs (A) through (I), respectively, and moving 
the left margin of such subparagraphs, as so redesignated, 
2 ems to the right; 
(C) by striking ‘‘There are’’ and inserting the following: 
‘‘(1) IN GENERAL.—There are’’; and 
(D) by adding at the end the following: 
‘‘(2) ADMINISTRATIVE
EXPENSES.—Of the amounts appro-
priated pursuant to paragraph (1) for a fiscal year, the Adminis-
trator of FEMA may use not more than 5 percent of such 
amounts to cover salaries and expenses and other administra-
tive costs incurred by the Administrator of FEMA to make 
grants and provide assistance under this section.’’. 
(3) CONGRESSIONALLY
DIRECTED
SPENDING.—Such sub-
section (j) is further amended by adding at the end the fol-
lowing: 
‘‘(3) CONGRESSIONALLY
DIRECTED
SPENDING.—Consistent 
with the requirement in subsection (a) that grants under this 
section be awarded on a competitive basis, none of the funds 
appropriated pursuant to this subsection may be used for any 
congressionally direct spending item (as defined under the rules 
of the Senate and the House of Representatives).’’. 
(i) TECHNICAL AMENDMENT.—Section 34 of such Act (15 U.S.C. 
2229a) is amended by striking ‘‘Administrator’’ each place it appears 
and inserting ‘‘Administrator of FEMA’’. 
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126 STAT. 2114 
PUBLIC LAW 112–239—JAN. 2, 2013 
(j) CLERICAL AMENDMENT.—Such section is further amended 
in the heading by striking ‘‘EXPANSION OF PRE-SEPTEMBER 11, 
2001, FIRE GRANT PROGRAM’’ and inserting the following: ‘‘STAFFING 
FOR ADEQUATE FIRE AND EMERGENCY RESPONSE’’. 
(k) SUNSET OF AUTHORITY TO AWARD HIRING GRANTS.—Such 
section is further amended by adding at the end the following: 
‘‘(k) SUNSET OF AUTHORITIES.—The authority to award assist-
ance and grants under this section shall expire on the date that 
is 5 years after the date of the enactment of the Fire Grants 
Reauthorization Act of 2012.’’. 
SEC. 1805. SENSE OF CONGRESS ON VALUE AND FUNDING OF ASSIST-
ANCE TO FIREFIGHTERS AND STAFFING FOR ADEQUATE 
FIRE AND EMERGENCY RESPONSE PROGRAMS. 
It is the sense of Congress that— 
(1) the grants and assistance awarded under sections 33 
and 34 of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2229 and 2229a) have proven equally valuable 
in protecting the health and safety of the public and firefighting 
personnel throughout the United States against fire and fire- 
related hazards; and 
(2) providing parity in funding for the awarding of grants 
and assistance under both such sections will ensure that the 
grant and assistance programs under such sections can continue 
to serve their complementary purposes. 
SEC. 1806. REPORT ON AMENDMENTS TO ASSISTANCE TO FIRE-
FIGHTERS AND STAFFING FOR ADEQUATE FIRE AND 
EMERGENCY RESPONSE PROGRAMS. 
(a) IN GENERAL.—Not later than September 30, 2016, the Comp-
troller General of the United States shall submit to the Committee 
on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Science and Technology of the House of 
Representatives a report on the effect of the amendments made 
by this subtitle. 
(b) CONTENTS.—The report required by subsection (a) shall 
include the following: 
(1) An assessment of the effect of the amendments made 
by sections 1803 and 1804 on the effectiveness, relative alloca-
tion, accountability, and administration of the grants and 
assistance awarded under sections 33 and 34 of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 
2229a) after the date of the enactment of this Act. 
(2) An evaluation of the extent to which the amendments 
made by sections 1803 and 1804 have enabled recipients of 
grants and assistance awarded under such sections 33 and 
34 after the date of the enactment of this Act to mitigate 
fire and fire-related and other hazards more effectively. 
SEC. 1807. STUDIES AND REPORTS ON THE STATE OF FIRE SERVICES. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the United States Fire Administration. 
(2) CAREER FIRE DEPARTMENT, COMBINATION FIRE DEPART-
MENT, VOLUNTEER FIRE DEPARTMENT.—The terms ‘‘career fire 
department’’, ‘‘combination fire department’’, and ‘‘volunteer fire 
department’’ have the meanings given such terms in section 
Evaluation. 
Assessment. 
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126 STAT. 2115 
PUBLIC LAW 112–239—JAN. 2, 2013 
33(a) of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2229(a)), as amended by section 1803. 
(3) FIRE SERVICE.—The term ‘‘fire service’’ has the meaning 
given such term in section 4 of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2203). 
(b) STUDY AND REPORT ON COMPLIANCE WITH STAFFING STAND-
ARDS.— 
(1) STUDY.—The Administrator shall conduct a study on 
the level of compliance with national voluntary consensus 
standards for staffing, training, safe operations, personal 
protective equipment, and fitness among the fire services of 
the United States. 
(2) SURVEY.— 
(A) IN GENERAL.—In carrying out the study required 
by paragraph (1), the Administrator shall carry out a 
survey of fire services to assess the level of compliance 
of such fire services with the standards described in such 
paragraph. 
(B) ELEMENTS.—The survey required by subparagraph 
(A) shall— 
(i) include career fire departments, volunteer fire 
departments, combination fire departments, and fire 
departments serving communities of different sizes, 
and such other distinguishing factors as the Adminis-
trator considers relevant; 
(ii) employ methods to ensure that the survey 
accurately reflects the actual rate of compliance with 
the standards described in paragraph (1) among fire 
services; and 
(iii) determine the extent of barriers and chal-
lenges to achieving compliance with the standards 
described in paragraph (1) among fire services. 
(C) AUTHORITY
TO
CARRY
OUT
SURVEY
WITH
NON-
PROFIT.—If the Administrator determines that it will reduce 
the costs incurred by the United States Fire Administration 
in carrying out the survey required by subparagraph (A), 
the Administrator may carry out such survey in conjunction 
with a nonprofit organization that has substantial expertise 
and experience in the following areas: 
(i) The fire services. 
(ii) National voluntary consensus standards. 
(iii) Contemporary survey methods. 
(3) REPORT ON FINDINGS OF STUDY.— 
(A) IN
GENERAL.—Not later than 2 years after the 
date of the enactment of this Act, the Administrator shall 
submit to Congress a report on the findings of the Adminis-
trator with respect to the study required by paragraph 
(1). 
(B) CONTENTS.—The report required by subparagraph 
(A) shall include the following: 
(i) An accurate description, based on the results 
of the survey required by paragraph (2)(A), of the 
rate of compliance with the standards described in 
paragraph (1) among United States fire services, 
including a comparison of the rates of compliance 
Determination. 
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126 STAT. 2116 
PUBLIC LAW 112–239—JAN. 2, 2013 
among career fire departments, volunteer fire depart-
ments, combination fire departments, and fire depart-
ments serving communities of different sizes, and such 
other comparisons as Administrator considers relevant. 
(ii) A description of the challenges faced by dif-
ferent types of fire departments and different types 
of communities in complying with the standards 
described in paragraph (1). 
(c) TASK FORCE TO ENHANCE FIREFIGHTER SAFETY.— 
(1) ESTABLISHMENT.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Homeland Secu-
rity shall establish a task force to be known as the ‘‘Task 
Force to Enhance Firefighter Safety’’ (in this subsection referred 
to as the ‘‘Task Force’’). 
(2) MEMBERSHIP.— 
(A) IN GENERAL.—Members of the Task Force shall 
be appointed by the Secretary from among the general 
public and shall include the following: 
(i) Representatives of national organizations rep-
resenting firefighters and fire chiefs. 
(ii) Individuals representing standards-setting and 
accrediting organizations, including representatives 
from the voluntary consensus codes and standards 
development community. 
(iii) Such other individuals as the Secretary con-
siders appropriate. 
(B) REPRESENTATIVES
OF
OTHER
DEPARTMENTS
AND 
AGENCIES.—The Secretary may invite representatives of 
other Federal departments and agencies that have an 
interest in fire services to participate in the meetings and 
other activities of the Task Force. 
(C) NUMBER; TERMS
OF
SERVICE; PAY
AND
ALLOW-
ANCES.—The Secretary shall determine the number, terms 
of service, and pay and allowances of members of the 
Task Force appointed by the Secretary, except that a term 
of service of any such member may not exceed 2 years. 
(3) RESPONSIBILITIES.—The Task Force shall— 
(A) consult with the Secretary in the conduct of the 
study required by subsection (b)(1); and 
(B) develop a plan to enhance firefighter safety by 
increasing fire service compliance with the standards 
described in subsection (b)(1), including by— 
(i) reviewing and evaluating the report required 
by subsection (b)(3)(A) to determine the extent of and 
barriers to achieving compliance with the standards 
described in subsection (b)(1) among fire services; and 
(ii) considering ways in which the Federal Govern-
ment, States, and local governments can promote or 
encourage fire services to comply with such standards. 
(4) REPORT.— 
(A) IN GENERAL.—Not later than 180 days after the 
date on which the Secretary submits the report required 
by subsection (b)(3)(A), the Task Force shall submit to 
Congress and the Secretary a report on the activities and 
findings of the Task Force. 
(B) CONTENTS.—The report required by subparagraph 
(A) shall include the following: 
Review. 
Evaluation. 
Plans. 
Consultation. 
Determination. 
Deadline. 
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126 STAT. 2117 
PUBLIC LAW 112–239—JAN. 2, 2013 
(i) The findings and recommendations of the Task 
Force with respect to the study carried out under sub-
section (b)(1). 
(ii) The plan developed under paragraph (3)(B). 
(d) STUDY AND REPORT ON THE NEEDS OF FIRE SERVICES.— 
(1) STUDY.—The Administrator shall conduct a study— 
(A) to define the current roles and activities associated 
with fire services on a national, State, regional, and local 
level; 
(B) to identify the equipment, staffing, and training 
required to fulfill the roles and activities defined under 
subparagraph (A); 
(C) to conduct an assessment to identify gaps between 
what fire services currently possess and what they require 
to meet the equipment, staffing, and training needs identi-
fied under subparagraph (B) on a national and State-by- 
State basis; and 
(D) to measure the impact of the grant and assistance 
program under section 33 of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2229) in meeting the 
needs of fire services and filling the gaps identified under 
subparagraph (C). 
(2) REPORT.—Not later than 2 years after the date of the 
enactment of this title, the Administrator shall submit to Con-
gress a report on the findings of the Administrator with respect 
to the study conducted under paragraph (1). 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Administrator to carry out this section— 
(1) $600,000 for fiscal year 2013; and 
(2) $600,000 for fiscal year 2014. 
Subtitle B—Reauthorization of United 
States Fire Administration 
SEC. 1811. SHORT TITLE. 
This subtitle may be cited as the ‘‘United States Fire Adminis-
tration Reauthorization Act of 2012’’. 
SEC. 1812. CLARIFICATION OF RELATIONSHIP BETWEEN UNITED 
STATES FIRE ADMINISTRATION AND FEDERAL EMER-
GENCY MANAGEMENT AGENCY. 
Section 5(c) of the Federal Fire Prevention and Control Act 
of 1974 (15 U.S.C. 2204) is amended to read as follows: 
‘‘(c) DEPUTY ADMINISTRATOR.—The Administrator may appoint 
a Deputy Administrator, who shall— 
‘‘(1) perform such functions as the Administrator shall from 
time to time assign or delegate; and 
‘‘(2) act as Administrator during the absence or disability 
of the Administrator or in the event of a vacancy in the office 
of Administrator.’’. 
SEC. 1813. MODIFICATION OF AUTHORITY OF ADMINISTRATOR TO EDU-
CATE PUBLIC ABOUT FIRE AND FIRE PREVENTION. 
Section 6 of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2205) is amended by striking ‘‘to take all steps’’ 
and all that follows through ‘‘fire and fire prevention.’’ and inserting 
United States 
Fire 
Administration 
Reauthorization 
Act of 2012. 
15 USC 2201 
note. 
Assessment. 
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126 STAT. 2118 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘to take such steps as the Administrator considers appropriate 
to educate the public and overcome public indifference as to fire, 
fire prevention, and individual preparedness.’’. 
SEC. 1814. AUTHORIZATION OF APPROPRIATIONS. 
Section 17(g)(1) of the Federal Fire Prevention and Control 
Act of 1974 (15 U.S.C. 2216(g)(1)) is amended— 
(1) in subparagraph (G), by striking ‘‘and’’ at the end; 
(2) in subparagraph (H), by striking the period at the 
end and inserting a semicolon; 
(3) by adding after subparagraph (H) the following: 
‘‘(I) $76,490,890 for fiscal year 2013, of which $2,753,672 
shall be used to carry out section 8(f); 
‘‘(J) $76,490,890 for fiscal year 2014, of which $2,753,672 
shall be used to carry out section 8(f); 
‘‘(K) $76,490,890 for fiscal year 2015, of which $2,753,672 
shall be used to carry out section 8(f); 
‘‘(L) $76,490,890 for fiscal year 2016, of which $2,753,672 
shall be used to carry out section 8(f); and 
‘‘(M) $76,490,890 for fiscal year 2017, of which $2,753,672 
shall be used to carry out section 8(f).’’; and 
(4) in subparagraphs (E) through (H), by moving each 
margin 2 ems to the left. 
SEC. 1815. REMOVAL OF LIMITATION. 
Section 9(d) of the Federal Fire Prevention and Control Act 
of 1974 (15 U.S.C. 2208(d)) is amended— 
(1) by striking ‘‘UPDATE.—’’ and all that follows through 
‘‘The Administrator’’ and inserting ‘‘UPDATE.—The Adminis-
trator’’; and 
(2) by striking paragraph (2). 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the ‘‘Military Construction 
Authorization Act for Fiscal Year 2013’’. 
SEC. 
2002. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS 
REQUIRED TO BE SPECIFIED BY LAW. 
(a) EXPIRATION
OF AUTHORIZATIONS AFTER THREE YEARS.— 
Except as provided in subsection (b), all authorizations contained 
in titles XXI through XXVII and title XXIX of this division for 
military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
Treaty Organization Security Investment Program (and authoriza-
tions of appropriations therefor) shall expire on the later of— 
(1) October 1, 2015; or 
(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2016. 
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
Time periods. 
Military 
Construction 
Authorization 
Act for Fiscal 
Year 2013. 
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126 STAT. 2119 
PUBLIC LAW 112–239—JAN. 2, 2013 
Treaty Organization Security Investment Program (and authoriza-
tions of appropriations therefor), for which appropriated funds have 
been obligated before the later of— 
(1) October 1, 2015; or 
(2) the date of the enactment of an Act authorizing funds 
for fiscal year 2016 for military construction projects, land 
acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment Program. 
TITLE XXI—ARMY MILITARY 
CONSTRUCTION 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Authorization of appropriations, Army. 
Sec. 2104. Modification of authority to carry out certain fiscal year 2010 project. 
Sec. 2105. Extension of authorizations of certain fiscal year 2009 projects. 
Sec. 2106. Extension of authorizations of certain fiscal year 2010 projects. 
Sec. 2107. Extension of limitation on obligation or expenditure of funds for tour 
normalization. 
Sec. 2108. Limitation on project authorization to carry out certain fiscal year 2013 
project. 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2103(a) 
and available for military construction projects inside the United 
States as specified in the funding table in section 4601, the Sec-
retary of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table: 
Army: Inside the United States 
State 
Installation or Location 
Amount 
Alaska .....................
Fort Wainwright .......................................
$10,400,000 
Joint Base Elmendorf-Richardson ..........
$7,900,000 
California ................
Concord .....................................................
$8,900,000 
Colorado ..................
Fort Carson ...............................................
$18,000,000 
District of Columbia 
Fort McNair ..............................................
$7,200,000 
Georgia ....................
Fort Benning ............................................
$16,000,000 
Fort Gordon ..............................................
$23,300,000 
Fort Stewart .............................................
$49,650,000 
Hawaii .....................
Pohakuloa Training Area ........................
$29,000,000 
Schofield Barracks ...................................
$96,000,000 
Wheeler Army Air Field ..........................
$85,000,000 
Kansas ....................
Fort Riley ..................................................
$12,200,000 
Kentucky .................
Fort Campbell ...........................................
$81,800,000 
.............................
Fort Knox ..................................................
$6,000,000 
Missouri ..................
Fort Leonard Wood ..................................
$123,000,000 
New Jersey .............
Joint Base McGuire-Dix-Lakehurst ........
$47,000,000 
Picatinny Arsenal .....................................
$10,200,000 
New York ................
Fort Drum .................................................
$95,000,000 
U.S. Military Academy ............................
$192,000,000 
North Carolina .......
Fort Bragg ................................................
$68,000,000 
Oklahoma ................
Fort Sill .....................................................
$4,900,000 
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126 STAT. 2120 
PUBLIC LAW 112–239—JAN. 2, 2013 
Army: Inside the United States—Continued 
State 
Installation or Location 
Amount 
South Carolina .......
Fort Jackson .............................................
$24,000,000 
Texas .......................
Corpus Christi ..........................................
$37,200,000 
Fort Bliss ..................................................
$7,200,000 
Fort Hood ..................................................
$51,200,000 
Joint Base San Antonio ...........................
$21,000,000 
Virginia ...................
Fort Belvoir ..............................................
$94,000,000 
Fort Lee ....................................................
$81,000,000 
Washington .............
Joint Base Lewis-McChord ......................
$164,000,000 
Yakima ......................................................
$5,100,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2103(a) 
and available for military construction projects outside the United 
States as specified in the funding table in section 4601, the Sec-
retary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table: 
Army: Outside the United States 
Country 
Installation or Location 
Amount 
Italy ..........................
Camp Ederle ..............................................
$36,000,000 
Vicenza .......................................................
$32,000,000 
Japan ........................
Okinawa .....................................................
$78,000,000 
Sagami .......................................................
$18,000,000 
Korea ........................
Camp Humphreys .....................................
$45,000,000 
SEC. 2102. FAMILY HOUSING. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2103(a) and available for military family 
housing functions as specified in the funding table in section 4601, 
the Secretary of the Army may carry out architectural and 
engineering services and construction design activities with respect 
to the construction or improvement of family housing units in 
an amount not to exceed $4,641,000. 
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2012, for military construction, land acquisition, and 
military family housing functions of the Department of the Army 
as specified in the funding table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2101 of this Act may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
subsection (a), as specified in the funding table in section 
4601. 
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126 STAT. 2121 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) $106,000,000 (the balance of the amount authorized 
under section 2101(a) for cadet barracks increment 1 at the 
United States Military Academy, New York). 
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2010 PROJECT. 
In the case of the authorization contained in the table in 
section 2101(a) of the Military Construction Authorization Act for 
Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2628) 
for Fort Belvoir, Virginia, for construction of a Road and Access 
Control Point at the installation, the Secretary of the Army may 
construct a standard design Access Control Point consistent with 
the Army’s construction guidelines for Access Control Points. 
SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2009 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B 
of Public Law 110–417; 122 Stat. 4658), authorizations set forth 
in the table in subsection (b), as provided in section 2101 of that 
Act (122 Stat. 4659), shall remain in effect until October 1, 2013, 
or the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2014, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Army: Extension of 2009 Project Authorizations 
State 
Installation 
or Location 
Project 
Amount 
Alabama .............
Anniston 
Army Depot.
Lake Yard Interchange ............
$1,400,000 
New Jersey ........
Picatinny Ar-
senal.
Ballistic 
evaluation 
Facility 
Phase I ..................................
$9,900,000 
SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2010 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2010 (division B 
of Public Law 111–84; 123 Stat. 2627), authorizations set forth 
in the table in subsection (b), as provided in section 2101 of that 
Act (123 Stat. 2628), shall remain in effect until October 1, 2013, 
or the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2014, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Army: Extension of 2010 Project Authorizations 
State 
Installation 
or Location 
Project 
Amount 
Louisiana ..........
Fort Polk ......
Land Purchases and Con-
demnation .......................
$17,000,000 
New Jersey .......
Picatinny Ar-
senal.
Ballistic Evaluation Facil-
ity Phase 2 ......................
$10,200,000 
Virginia .............
Fort Belvoir
Road and Access Control 
Point ................................
$9,500,000 
Termination 
date. 
Termination 
date. 
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126 STAT. 2122 
PUBLIC LAW 112–239—JAN. 2, 2013 
Army: Extension of 2010 Project Authorizations—Continued 
State 
Installation 
or Location 
Project 
Amount 
Washington ......
Fort Lewis ...
Fort Lewis-McChord AFB 
Joint Access ....................
$9,000,000 
Kuwait ..............
Kuwait .........
APS Warehouses ................
$82,000,000 
SEC. 2107. EXTENSION OF LIMITATION ON OBLIGATION OR EXPENDI-
TURE OF FUNDS FOR TOUR NORMALIZATION. 
Section 2111 of the Military Construction Authorization Act 
for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 
1665) is amended in the matter preceding paragraph (1) by inserting 
after ‘‘under this Act’’ the following: ‘‘or an Act authorizing funds 
for military construction for fiscal year 2013’’. 
SEC. 2108. LIMITATION ON PROJECT AUTHORIZATION TO CARRY OUT 
CERTAIN FISCAL YEAR 2013 PROJECT. 
The Secretary of the Army may not obligate or expend any 
funds authorized in this title for the construction of a cadet barracks 
at the United States Military Academy, West Point, New York, 
until the Secretary of the Army— 
(1) submits to the congressional defense committees, as 
part of the future-years defense program submitted to Congress 
during 2013 under section 221 of title 10, United States Code, 
a plan showing programmed investments to renovate existing 
cadet barracks at the United States Military Academy; and 
(2) certifies to the congressional defense committees that 
the Secretary has entered into a contract for the renovation 
of Scott Barracks at the United States Military Academy. 
TITLE XXII—NAVY MILITARY 
CONSTRUCTION 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification of authority to carry out certain fiscal year 2012 project. 
Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects. 
Sec. 2207. Extension of authorizations of certain fiscal year 2010 projects. 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2204(a) 
and available for military construction projects inside the United 
States as specified in the funding table in section 4601, the Sec-
retary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table: 
Navy: Inside the United States 
State 
Installation or Location 
Amount 
Arizona ....................
Yuma ..........................................................
$29,285,000 
Certification. 
Contracts. 
Plans. 
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126 STAT. 2123 
PUBLIC LAW 112–239—JAN. 2, 2013 
Navy: Inside the United States—Continued 
State 
Installation or Location 
Amount 
California ................
Camp Pendleton ........................................
$88,110,000 
Coronado ....................................................
$78,541,000 
Miramar .....................................................
$27,897,000 
Point Mugu ................................................
$12,790,000 
San Diego ...................................................
$71,188,000 
Seal Beach .................................................
$30,594,000 
Twentynine Palms ....................................
$47,270,000 
Florida .....................
Jacksonville ...............................................
$21.980,000 
Hawaii .....................
Kaneohe Bay .............................................
$97,310,000 
Mississippi ...............
Meridian ....................................................
$10,926,000 
New Jersey ..............
Earle ...........................................................
$33,498,000 
North Carolina .......
Camp Lejeune ...........................................
$69,890,000 
Cherry Point Marine Corps Air Station ..
$45,891,000 
New River ..................................................
$8,525,000 
South Carolina .......
Beaufort .....................................................
$81,780,000 
Parris Island ..............................................
$10,135,000 
Virginia ...................
Dahlgren ....................................................
$28,228,000 
Oceana Naval Air Station ........................
$39,086,000 
Portsmouth ................................................
$32,706,000 
Quantico .....................................................
$58,714,000 
Yorktown ....................................................
$48,823,000 
Washington .............
Whidbey Island .........................................
$6,272,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2204(a) 
and available for military construction projects outside the United 
States as specified in the funding table in section 4601, the Sec-
retary of the Navy may acquire real property and carry out military 
construction projects for the installation or location outside the 
United States, and in the amounts, set forth in the following table: 
Navy: Outside the United States 
Country 
Installation or Location 
Amount 
Bahrain .....................
SW Asia ......................................................
$51,348,000 
Diego Garcia ............
Diego Garcia ...............................................
$1,691,000 
Greece ........................
Souda Bay ...................................................
$25,123,000 
Japan .........................
Iwakuni .......................................................
$13,138,000 
Okinawa ......................................................
$8,206,000 
Romania ....................
Deveselu ......................................................
$45,205,000 
Spain .........................
Rota .............................................................
$17,215,000 
Worldwide (Unspec-
ified) .......................
Unspecified Worldwide Locations .............
$34,048,000 
SEC. 2202. FAMILY HOUSING. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2204(a) and available for military family 
housing functions as specified in the funding table in section 4601, 
the Secretary of the Navy may carry out architectural and 
engineering services and construction design activities with respect 
to the construction or improvement of family housing units in 
an amount not to exceed $4,527,000. 
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126 STAT. 2124 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a) and available for military family housing 
functions, the Secretary of the Navy may improve existing military 
family housing units in an amount not to exceed $97,655,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2012, for military construction, land acquisition, and 
military family housing functions of the Department of the Navy, 
as specified in the funding table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2201 of this Act and the projects described in paragraphs (2) and 
(3) of this subsection may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
subsection (a), as specified in the funding table in section 
4601. 
(2) $382,757,000 (the balance of the amount authorized 
under section 2201(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2012 (division B of Public Law 112– 
81; 125 Stat. 1666) for an explosive handling wharf at Kitsap, 
Washington). 
(3) $68,196,000 (the balance of the amount authorized 
under section 2201(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2010 (division B of Public Law 111– 
84; 123 Stat. 2633) for ramp parking at Joint Region Marianas, 
Guam). 
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2012 PROJECT. 
In the case of the authorization contained in the table in 
section 2201(a) of the Military Construction Authorization Act for 
Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), 
for Kitsap (Bangor) Washington, for construction of Explosives Han-
dling Wharf No. 2 at that location, the Secretary of the Navy 
may acquire fee or lesser real property interests to accomplish 
required environmental mitigation for the project using appropria-
tions authorized for the project. 
SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2009 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B 
of Public Law 110–417; 122 Stat. 4658), the authorization set forth 
in the table in subsection (b), as provided in section 2201 of that 
Act (122 Stat. 4670) and extended by section 2206 of the Military 
Construction Authorization Act for Fiscal Year 2012 (division B 
of Public Law 112–81; 125 Stat. 1668), shall remain in effect until 
October 1, 2013, or the date of an Act authorizing funds for military 
construction for fiscal year 2014, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Termination 
date. 
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126 STAT. 2125 
PUBLIC LAW 112–239—JAN. 2, 2013 
Navy: Extension of 2009 Project Authorization 
State/Country 
Installation or Lo-
cation 
Project 
Amount 
California ..................
Marine Corps Base, 
Camp Pendleton.
Operations Access 
Points, Red Beach 
$11,970,000 
Marine Corps Air 
Station, Miramar.
Emergency Response 
Station ..................
$6,530,000 
District of Columbia 
Washington Navy 
Yard.
Child Development 
Center ...................
$9,340,000 
SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2010 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2010 (division B 
of Public Law 111–84; 123 Stat. 2627), the authorization set forth 
in the table in subsection (b), as provided in section 2201 of that 
Act (123 Stat. 2632), shall remain in effect until October 1, 2013, 
or the date of an Act authorizing funds for military construction 
for fiscal year 2014, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Navy: Extension of 2010 Project Authorization 
State/Country 
Installation or Lo-
cation 
Project 
Amount 
California ..................
Mountain Warfare 
Training Center, 
Bridgeport.
Mountain Warfare 
Training, Com-
missary .................
$6,830,000 
Maine ........................
Portsmouth Naval 
Shipyard.
Gate 2 Security Im-
provements ...........
$7,090,000 
Djibouti .....................
Camp Lemonier .......
Security Fencing .....
$8,109,000 
Ammo Supply Point 
$21,689,000 
Interior Paved 
Roads ....................
$7,275,000 
TITLE XXIII—AIR FORCE MILITARY 
CONSTRUCTION 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Extension of authorizations of certain fiscal year 2010 projects. 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(a) 
and available for military construction projects inside the United 
States as specified in the funding table in section 4601, the Sec-
retary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations inside 
the United States, and in the amounts, set forth in the following 
table: 
Termination 
date. 
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126 STAT. 2126 
PUBLIC LAW 112–239—JAN. 2, 2013 
Air Force: Inside the United States 
State 
Installation or Location 
Amount 
Arkansas ............................
Little Rock Air Force Base ........
$30,178,000 
Florida ................................
Tyndall Air Force Base .............
$14,750,000 
Georgia ...............................
Fort Stewart ...............................
$7,250,000 
Moody Air Force Base ...............
$8,500,000 
New Mexico ........................
Holloman Air Force Base ..........
$25,000,000 
North Dakota .....................
Minot Air Force Base ................
$4,600,000 
Texas ..................................
Joint Base San Antonio .............
$18,000,000 
Utah ...................................
Hill Air Force Base ....................
$13,530,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(a) 
and available for military construction projects outside the United 
States as specified in the funding table in section 4601, the Sec-
retary of the Air Force may acquire real property and carry out 
military construction projects for the installations or locations out-
side the United States, and in the amounts, set forth in the following 
table: 
Air Force: Outside the United States 
Country 
Installation or Location 
Amount 
Greenland ................................
Thule Air Base .........................
$24,500,000 
Guam .........................................
Andersen Air Force Base .........
$58,000,000 
Italy ..........................................
Aviano Air Base .......................
$9,400,000 
Portugal ...................................
Lajes Field ................................
$2,000,000 
SEC. 2302. FAMILY HOUSING. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2304(a) and available for military family 
housing functions as specified in the funding table in section 4601, 
the Secretary of the Air Force may carry out architectural and 
engineering services and construction design activities with respect 
to the construction or improvement of family housing units in 
an amount not to exceed $4,253,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304 and available for military family housing 
functions as specified in the funding table in section 4601, the 
Secretary of the Air Force may improve existing military family 
housing units in an amount not to exceed $79,571,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2012, for military construction, land acquisition, and 
military family housing functions of the Department of the Air 
Force, as specified in the funding table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
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126 STAT. 2127 
PUBLIC LAW 112–239—JAN. 2, 2013 
2301 of this Act and the project described in paragraph (2) of 
this subsection may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
subsection (a), as specified in the funding table in section 
4601. 
(2) $205,000,000 (the balance of the amount authorized 
under section 2301(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2012 (division B of Public Law 112– 
81; 125 Stat. 1670) for the United States Strategic Command 
Headquarters at Offutt Air Force Base, Nebraska). 
SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2010 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2010 (division B 
of Public Law 111–84; 123 Stat. 2627), authorizations set forth 
in the table in subsection (b), as provided in section 2301 of that 
Act (123 Stat. 2636), shall remain in effect until October 1, 2013, 
or the date of an Act authorizing funds for military construction 
for fiscal year 2014, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Air Force: Extension of 2010 Project Authorization 
State 
Installation or 
Location 
Project 
Amount 
Missouri .........
Whiteman Air 
Force Base.
Land Acquisition North 
& South Boundary .......
$5,500,000 
Montana ........
Malmstrom Air 
Force Base.
Weapons Storage Area 
(WSA), Phase 2 ............
$10,600,000 
TITLE XXIV—DEFENSE AGENCIES 
MILITARY CONSTRUCTION 
Subtitle A—Defense Agency Authorizations 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Authorized energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Sec. 2404. Modification of authority to carry out certain fiscal year 2012 projects. 
Sec. 2405. Extension of authorization of certain fiscal year 2010 project. 
Subtitle B—Chemical Demilitarization Authorizations 
Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 
defense-wide. 
Sec. 2412. Modification of authority to carry out certain fiscal year 1997 project. 
Subtitle A—Defense Agency Authorizations 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2403(a) 
and available for military construction projects inside the United 
States as specified in the funding table in section 4601, the Sec-
retary of Defense may acquire real property and carry out military 
Termination 
date. 
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126 STAT. 2128 
PUBLIC LAW 112–239—JAN. 2, 2013 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table: 
Defense Agencies: Inside the United States 
State 
Installation or Location 
Amount 
Arizona ..............................
Marana .........................................
$6,477,000 
Yuma .............................................
$1,300,000 
California .........................
Coronado .......................................
$55,259,000 
DEF Fuel Support Point-San 
Diego ..........................................
$91,563,000 
Edwards Air Force Base ..............
$27,500,000 
Twentynine Palms .......................
$27,400,000 
Colorado ...........................
Buckley Air Force Base ...............
$30,000,000 
Fort Carson ..................................
$56,673,000 
Pikes Peak ....................................
$3,600,000 
Delaware ...........................
Dover Air Force Base ...................
$2,000,000 
Florida ..............................
Eglin Air Force Base ...................
$41,695,000 
Hurlburt Field ..............................
$16,000,000 
MacDill Air Force Base ...............
$34,409,000 
Hawaii ..............................
Joint Base Pearl Harbor-Hickam 
$24,289,000 
Illinois ..............................
Great Lakes ..................................
$28,700,000 
Scott Air Force Base ....................
$86,711,000 
Indiana ..............................
Grissom Army Reserve Base .......
$26,800,000 
Kentucky ..........................
Fort Campbell ..............................
$71,639,000 
Louisiana .........................
Barksdale Air Force Base ...........
$11,700,000 
Maryland ...........................
Annapolis ......................................
$66,500,000 
Bethesda Naval Hospital .............
$69,200,000 
Fort Meade ...................................
$128,600,000 
Missouri ...........................
Fort Leonard Wood ......................
$18,100,000 
New Mexico .......................
Cannon Air Force Base ...............
$93,085,000 
New York ..........................
Fort Drum ....................................
$43,200,000 
North Carolina ................
Camp Lejeune ..............................
$80,064,000 
Fort Bragg ....................................
$130,422,000 
Seymour Johnson Air Force Base 
$55,450,000 
Pennsylvania ...................
DEF Distribution Depot New 
Cumberland ..............................
$17,400,000 
South Carolina ................
Shaw Air Force Base ...................
$57,200,000 
Texas .................................
Red River Army Depot ................
$16,715,000 
Virginia ............................
Joint Expeditionary Base Little 
Creek-Fort Story .......................
$11,132,000 
Norfolk ..........................................
$8,500,000 
Washington ......................
Fort Lewis ....................................
$50,520,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2403(a) 
and available for military construction projects outside the United 
States as specified in the funding table in section 4601, the Sec-
retary of Defense may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table: 
Defense Agencies: Outside the United States 
Country 
Installation or Location 
Amount 
Belgium ..................
Brussels ...................................................
$26,969,000 
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126 STAT. 2129 
PUBLIC LAW 112–239—JAN. 2, 2013 
Defense Agencies: Outside the United States—Continued 
Country 
Installation or Location 
Amount 
Germany ................
Stuttgart-Patch Barracks .......................
$2,413,000 
Vogelweh .................................................
$61,415,000 
Weisbaden ...............................................
$52,178,000 
Guam .....................
Andersen Air Force Base .......................
$67,500,000 
Guantanamo Bay, 
Cuba.
Guantanamo Bay ....................................
$40,200,000 
Japan .....................
Camp Zama .............................................
$13,273,000 
Kadena Air Base .....................................
$143,545,000 
Sasebo ......................................................
$35,733,000 
Zukeran ...................................................
$79,036,000 
Korea ......................
Kunsan Air Base .....................................
$13,000,000 
Osan Air Base .........................................
$77,292,000 
Romania .................
Deveselu ..................................................
$220,800,000 
United Kingdom ...
Menwith Hill Station ..............................
$50,283,000 
Royal Air Force Feltwell ........................
$30,811,000 
Royal Air Force Mildenhall ....................
$6,490,000 
SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2403(a) 
and available for energy conservation projects inside the United 
States as specified in the funding table in section 4601, the Sec-
retary of Defense may carry out energy conservation projects under 
chapter 173 of title 10, United States Code, for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following table: 
Energy Conservation Projects: Inside the United States 
State 
Installation or Location 
Amount 
Alaska .....................
Clear ........................................................
$15,337,000 
California ...............
Fort Hunter Liggett ................................
$9,600,000 
Parks RFTA ............................................
$9,256,000 
Colorado .................
Aerospace Data Facility .........................
$3,310,000 
Fort Carson .............................................
$4,000,000 
Hawaii ....................
Joint Base Pearl Harbor Hickam ..........
$6,610,000 
Missouri ..................
Whiteman ................................................
$6,000,000 
North Carolina .......
Fort Bragg ...............................................
$2,700,000 
MCB Camp Lejeune ...............................
$5,701,000 
New Jersey .............
Sea Girt ...................................................
$3,000,000 
Pennsylvania ..........
NSA Mechanicsburg ...............................
$19,926,000 
Susquehanna ...........................................
$2,550,000 
Tobyhanna Army Depot .........................
$3,950,000 
Tennessee ...............
Arnold ......................................................
$3,606,000 
Texas ......................
Fort Bliss .................................................
$5,700,000 
Fort Bliss .................................................
$2,600,000 
Laughlin ..................................................
$4,800,000 
Virginia ...................
MCB Quantico .........................................
$7,943,000 
Pentagon Reservation .............................
$2,360,000 
Pentagon Reservation .............................
$2,120,000 
Various Locations ..
Various Locations ...................................
$12,886,000 
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126 STAT. 2130 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2403(a) 
and available for energy conservation projects outside the United 
States as specified in the funding table in section 4601, the Sec-
retary of Defense may carry out energy conservation projects under 
chapter 173 of title 10, United States Code, for the installations 
or locations outside the United States, and in the amounts, set 
forth in the following table: 
Energy Conservation Projects: Outside the United States 
Country 
Installation or Location 
Amount 
Italy ........................
Naval Air Station Sigonella ...................
$6,121,000 
Spain .......................
Naval Station Rota .................................
$2,671,000 
Various Locations ..
Various Locations ...................................
$7,253,000 
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2012, for military construction, land acquisition, and 
military family housing functions of the Department of Defense 
(other than the military departments), as specified in the funding 
table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2401 of this Act and the projects described in paragraphs (2) through 
(9) of this subsection may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
subsection (a), as specified in the funding table in section 
4601. 
(2) $13,965,000 (the balance of the amount authorized 
under section 2401(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2007(division B of Public Law 119– 
364; 120 Stat. 2457) for the Army Medical Research Institute 
of Infectious Diseases Stage I at Fort Detrick, Maryland). 
(3) $103,600,000 (the balance of the amount authorized 
under section 2401(a) for NSAW Recapitalize Building #1 at 
Fort Meade, Maryland). 
(4) $556,639,000 (the balance of the amount authorized 
under section 2401(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2012 (division B of Public Law 112– 
81; 125 Stat. 1672), as amended by section 2404(a) of this 
Act, for a data center at Fort Meade, Maryland). 
(5) $512,969,000 (the balance of the amount authorized 
under section 2401(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2010 (division B of Public Law 111– 
84; 123 Stat. 2640) for a hospital at Fort Bliss, Texas). 
(6) $134,900,000 (the balance of the amount authorized 
under section 2401(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2012 (division B of Public Law 112– 
81; 125 Stat. 1672) for an Ambulatory Care Center Phase 
III at Joint Base San Antonio, Texas). 
(7) $41,913,000 (the balance of the amount authorized as 
a Military Construction, Defense-Wide project by title X of 
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126 STAT. 2131 
PUBLIC LAW 112–239—JAN. 2, 2013 
the Supplemental Appropriations Act, 2009 (Public Law 111– 
32; 123 Stat. 1888) for a data center at Camp Williams, Utah). 
(8) $792,408,000 (the balance of the amount authorized 
under section 2401(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2012 (division B of Public Law 112– 
81; 125 Stat. 1673), as amended by section 2404(b) of this 
Act, for a hospital at the Rhine Ordnance Barracks, Germany). 
(9) $100,800,000 (the balance of the amount authorized 
under section 2401(b) for the Aegis Ashore Missile Defense 
System Complex at Deveselu, Romania). 
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2012 PROJECTS. 
(a) MARYLAND.—The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 2012 (division B 
of Public Law 112–81; 125 Stat. 1672), is amended in the item 
relating to Fort Meade, Maryland, by striking ‘‘$29,640,000’’ in 
the amount column and inserting ‘‘$792,200,000’’. 
(b) GERMANY.— 
(1) PROJECT AUTHORIZATION.—The table in section 2401(b) 
of the Military Construction Authorization Act for Fiscal Year 
2012 (division B of Public Law 112–81; 125 Stat. 1673), is 
amended in the item relating to Rhine Ordnance Barracks, 
Germany, by striking ‘‘$750,000,000’’ in the amount column 
and inserting ‘‘$990,000,000’’. 
(2) CERTIFICATION
REQUIRED.—The Secretary of Defense 
may not obligate additional funds made available pursuant 
to the amendment made by paragraph (1) until the Secretary 
certifies to the congressional defense committees that both of 
the following directly support the proposed scope for the hos-
pital at the Rhine Ordnance Barracks, Germany: 
(A) A sufficient enduring beneficiary population. 
(B) The fiscal year 2014 force structure assessment, 
incorporated in the budget submitted by the President 
to Congress for fiscal year 2014. 
SEC. 2405. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
2010 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2010 (division B 
of Public Law 111–84; 123 Stat. 2627), the authorization set forth 
in the table in subsection (b), as provided in section 2401(a) of 
that Act (123 Stat. 2640), shall remain in effect until October 
1, 2013, or the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2014, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Extension of 2010 Project Authorization 
State 
Installation or Lo-
cation 
Project 
Amount 
Virginia ....................
Pentagon Reserva-
tion.
Pentagon electrical 
upgrade ................
$19,272,000 
Termination 
date. 
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126 STAT. 2132 
PUBLIC LAW 112–239—JAN. 2, 2013 
Subtitle B—Chemical Demilitarization 
Authorizations 
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILI-
TARIZATION CONSTRUCTION, DEFENSE-WIDE. 
(a) AUTHORIZATION OF APPROPRIATIONS.— Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2012, for military construction and land acquisition 
for chemical demilitarization, as specified in the funding table in 
section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under subsection 
(a) and the project described in paragraph (2) of this subsection 
may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
subsection (a), as specified in the funding table in section 
4601. 
(2) $158,969,000 (the balance of the amount authorized 
for ammunition demilitarization at Blue Grass, Kentucky, by 
section 2401(a) of the Military Construction Authorization Act 
for Fiscal Year 2000 (division B of Public Law 106–65; 113 
Stat. 835), as most recently amended by section 2412 of the 
Military Construction Authorization Act for Fiscal Year 2011 
(division B Public Law 111–383; 124 Stat. 4450). 
SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 1997 PROJECT. 
(a) MODIFICATIONS.—The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 1997 (division B 
of Public Law 104–201; 110 Stat. 2775), as amended by section 
2406 of the Military Construction Authorization Act for Fiscal Year 
2000 (division B of Public Law 106–65; 113 Stat. 839), section 
2407 of the Military Construction Authorization Act for Fiscal Year 
2003 (division B of Public Law 107–314; 116 Stat. 2699), and 
section 2413 of the Military Construction Authorization Act for 
Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 
4697), is further amended— 
(1) under the agency heading relating to Chemical Demili-
tarization Program, in the item relating to Pueblo Army Depot, 
Colorado, by striking ‘‘$484,000,000’’ in the amount column 
and inserting ‘‘$520,000,000’’; and 
(2) by striking the amount identified as the total in the 
amount column and inserting ‘‘$866,454,000’’. 
(b) CONFORMING AMENDMENT.—Section 2406(b)(2) of the Mili-
tary Construction Authorization Act for Fiscal Year 1997 (110 Stat. 
2779), as so amended, is further amended by striking ‘‘$484,000,000’’ 
and inserting ‘‘$520,000,000’’. 
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126 STAT. 2133 
PUBLIC LAW 112–239—JAN. 2, 2013 
TITLE XXV—NORTH ATLANTIC TREATY 
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment Program as pro-
vided in section 2806 of title 10, United States Code, in an amount 
not to exceed the sum of the amount authorized to be appropriated 
for this purpose in section 2502 and the amount collected from 
the North Atlantic Treaty Organization as a result of construction 
previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2012, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States 
Code, for the share of the United States of the cost of projects 
for the North Atlantic Treaty Organization Security Investment 
Program authorized by section 2501 as specified in the funding 
table in section 4601. 
TITLE XXVI—GUARD AND RESERVE 
FORCES FACILITIES 
Subtitle A—Project Authorizations and Authorization of Appropriations 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition project. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Subtitle B—Other Matters 
Sec. 2611. Modification of authority to carry out certain fiscal year 2010 projects. 
Sec. 2612. Modification of authority to carry out certain fiscal year 2011 projects. 
Sec. 2613. Extension of authorization of certain fiscal year 2009 project. 
Sec. 2614. Extension of authorization of certain fiscal year 2010 projects. 
Subtitle A—Project Authorizations and 
Authorization of Appropriations 
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2606 
and available for the National Guard and Reserve as specified 
in the funding table in section 4601, the Secretary of the Army 
may acquire real property and carry out military construction 
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126 STAT. 2134 
PUBLIC LAW 112–239—JAN. 2, 2013 
projects for the Army National Guard locations inside the United 
States, and in the amounts, set forth in the following table: 
Army National Guard: Inside the United States 
State 
Location 
Amount 
Alabama ..................
Fort McClellan ..........................................
$5,400,000 
Arkansas .................
Searcy .........................................................
$6,800,000 
California ................
Fort Irwin ..................................................
$25,000,000 
Connecticut .............
Camp Hartell .............................................
$32,000,000 
Delaware ..................
Bethany Beach ..........................................
$5,500,000 
Florida .....................
Camp Blanding .........................................
$9,000,000 
Miramar .....................................................
$20,000,000 
Hawaii .....................
Kapolei .......................................................
$28,000,000 
Idaho ........................
Orchard Training Area .............................
$40,000,000 
Indiana ....................
South Bend ................................................
$21,000,000 
Terra Haute ...............................................
$9,000,000 
Iowa ..........................
Camp Dodge ..............................................
$3,000,000 
Kansas ......................
Topeka ........................................................
$9,500,000 
Kentucky ..................
Frankfort ...................................................
$32,000,000 
Massachusetts ........
Camp Edwards ..........................................
$22,000,000 
Minnesota ...............
Camp Ripley ..............................................
$17,000,000 
Arden Hills ................................................
$17,000,000 
Missouri ...................
Fort Leonard Wood ...................................
$18,000,000 
Kansas City ...............................................
$1,900,000 
Monett ........................................................
$820,000 
Perryville ...................................................
$700,000 
Montana ...................
Miles City ..................................................
$11,000,000 
New Jersey .............
Sea Girt ......................................................
$34,000,000 
New York .................
Stormville ..................................................
$24,000,000 
Ohio ..........................
Chillicothe ..................................................
$3,100,000 
Delaware ....................................................
$12,000,000 
Oklahoma ...............
Camp Gruber .............................................
$25,000,000 
Utah ........................
Camp Williams ..........................................
$36,000,000 
Washington .............
Fort Lewis ..................................................
$35,000,000 
West Virginia .........
Logan .........................................................
$14,200,000 
Wisconsin ................
Wausau ......................................................
$10,000,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2606 
and available for the National Guard and Reserve as specified 
in the funding table in section 4601, the Secretary of the Army 
may acquire real property and carry out military construction 
projects for the Army National Guard locations outside the United 
States, and in the amounts, set forth in the following table: 
Army National Guard: Outside the United States 
Country 
Location 
Amount 
Guam .........................
Barrigada ..................................................
$8,500,000 
Puerto Rico ..............
Camp Santiago .........................................
$3,800,000 
Ceiba .........................................................
$2,200,000 
Guaynabo ..................................................
$15,000,000 
Gurabo ......................................................
$14,700,000 
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126 STAT. 2135 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606 and available for the National Guard 
and Reserve as specified in the funding table in section 4601, 
the Secretary of the Army may acquire real property and carry 
out military construction projects for the Army Reserve locations 
inside the United States, and in the amounts, set forth in the 
following table: 
Army Reserve 
State 
Location 
Amount 
California ....................
Fort Hunter Liggett .............................
$68,300,000 
Tustin ....................................................
$27,000,000 
Illinois ..........................
Fort Sheridan ........................................
$28,000,000 
Maryland ......................
Aberdeen Proving Ground ...................
$21,000,000 
Baltimore ...............................................
$10,000,000 
Massachusetts .............
Devens Reserve Forces Training Area 
$8,500,000 
Nevada ........................
Las Vegas ..............................................
$21,000,000 
New Jersey ..................
Joint Base McGuire-Dix-Lakehurst ....
$7,400,000 
Washington .................
Joint Base Lewis-McChord ..................
$40,000,000 
Wisconsin ....................
Fort McCoy ............................................
$47,800,000 
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
CONSTRUCTION AND LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606 and available for the National Guard 
and Reserve as specified in the funding table in section 4601, 
the Secretary of the Navy may acquire real property and carry 
out military construction projects for the Navy Reserve and Marine 
Corps Reserve locations inside the United States, and in the 
amounts, set forth in the following table: 
Navy Reserve and Marine Corps Reserve 
State 
Location 
Amount 
Arizona ..........................
Yuma ....................................................
$5,379,000 
Iowa ...............................
Fort Des Moines ..................................
$19,162,000 
Louisiana .......................
New Orleans ........................................
$7,187,000 
New York .....................
Brooklyn ...............................................
$4,430,000 
Texas ............................
Fort Worth ...........................................
$11,256,000 
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606 and available for the National Guard 
and Reserve as specified in the funding table in section 4601, 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the Air National Guard 
locations inside the United States, and in the amounts, set forth 
in the following table: 
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126 STAT. 2136 
PUBLIC LAW 112–239—JAN. 2, 2013 
Air National Guard 
State 
Location 
Amount 
California ......................
Fresno Yosemite International Air-
port Air National Guard .................
$11,000,000 
Hawaii ...........................
Joint Base Pearl Harbor-Hickam ......
$6,500,000 
New Mexico ...................
Kirtland Air Force Base .....................
$8,500,000 
Wyoming .......................
Cheyenne Municipal Airport ..............
$6,486,000 
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 
LAND ACQUISITION PROJECT. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606 and available for the National Guard 
and Reserve as specified in the funding table in section 4601, 
the Secretary of the Air Force may acquire real property and 
carry out a military construction project for the Air Force Reserve 
location inside the United States, and in the amount, set forth 
in the following table: 
Air Force Reserve 
State 
Location 
Amount 
New York ....................
Niagara Falls International Airport ...
$6,100,000 
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 
AND RESERVE. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2012, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Guard and Reserve Forces, and for contributions therefor, 
under chapter 1803 of title 10, United States Code (including the 
cost of acquisition of land for those facilities), as specified in the 
funding table in section 4601. 
Subtitle B—Other Matters 
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2010 PROJECTS. 
(a) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD READI-
NESS CENTER PROJECT, NORTH LAS VEGAS, NEVADA.—In the case 
of the authorization contained in the table in section 2601 of the 
Military Construction Authorization Act for Fiscal Year 2010 (divi-
sion B of Public Law 111–84; 123 Stat. 2648) for North Las Vegas, 
Nevada, for construction of a Readiness Center, the Secretary of 
the Army may construct up to 68,593 square feet of readiness 
center, 10,000 square feet of unheated equipment storage area, 
and 25,000 square feet of unheated vehicle storage, consistent with 
the Army’s construction guidelines for readiness centers. 
(b) AUTHORITY TO CARRY OUT ARMY RESERVE CENTER PROJECT, 
MIRAMAR, CALIFORNIA.—In the case of the authorization contained 
in the table in section 2602 of the Military Construction Authoriza-
tion Act for Fiscal Year 2010 (division B of Public Law 111–84; 
123 Stat. 2649) for Camp Pendleton, California, for construction 
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126 STAT. 2137 
PUBLIC LAW 112–239—JAN. 2, 2013 
of an Army Reserve Center, the Secretary of the Army may con-
struct an Army Reserve Center in the vicinity of the Marine Corps 
Air Station, Miramar, California. 
(c) AUTHORITY TO CARRY OUT ARMY RESERVE CENTER PROJECT, 
BRIDGEPORT, CONNECTICUT.—In the case of the authorization con-
tained in the table in section 2602 of the Military Construction 
Authorization Act for Fiscal Year 2010 (division B of Public Law 
111–84; 123 Stat. 2649) for Bridgeport, Connecticut, for construction 
of an Army Reserve Center/Land, the Secretary of the Army may 
construct an Army Reserve Center and acquire land in the vicinity 
of Bridgeport, Connecticut. 
SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2011 PROJECTS. 
(a) AUTHORITY TO CARRY OUT ARMY RESERVE CENTER PROJECT, 
FORT STORY, VIRGINIA.—In the case of the authorization contained 
in the table in section 2602 of the Military Construction Authoriza-
tion Act for Fiscal Year 2011 (division B of Public Law 111–383; 
124 Stat. 4453) for Fort Story, Virginia, for construction of an 
Army Reserve Center, the Secretary of the Army may construct 
an Army Reserve Center in the vicinity of Fort Story, Virginia. 
(b) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, 
FORT CHAFFEE, ARKANSAS.—In the case of the authorization con-
tained in the table in section 2601 of the Military Construction 
Authorization Act for Fiscal Year 2011 (division B of Public Law 
111–383; 124 Stat. 4451) for Fort Chaffee, Arkansas, for construc-
tion of a Live Fire Shoot House, the Secretary of the Army may 
construct up to 5,869 square feet of Live Fire Shoot House. 
(c) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, 
WINDSOR LOCKS, CONNECTICUT.—In the case of the authorization 
contained in the table in section 2601 of the Military Construction 
Authorization Act for Fiscal Year 2011 (division B of Public Law 
111–383; 124 Stat. 4451) for Windsor Locks, Connecticut, for 
construction of a Readiness Center, the Secretary of the Army 
may construct up to 119,510 square feet of a Readiness Center. 
(d) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, 
KALAELOA, HAWAII.—In the case of the authorization contained 
in the table in section 2601 of the Military Construction Authoriza-
tion Act for Fiscal Year 2011 (division B of Public Law 111–383; 
124 Stat. 4451) for Kalaeloa, Hawaii, for construction of a Combined 
Support Maintenance Shop, the Secretary of the Army may con-
struct up to 137,548 square feet of a Combined Support Mainte-
nance Shop. 
(e) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, 
WICHITA, KANSAS.—In the case of the authorization contained in 
the table in section 2601 of the Military Construction Authorization 
Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 
Stat. 4451) for Wichita, Kansas, for construction of a Field Mainte-
nance Shop, the Secretary of the Army may construct up to 62,102 
square feet of a Field Maintenance Shop. 
(f) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, 
MINDEN, LOUISIANA.—In the case of the authorization contained 
in the table in section 2601 of the Military Construction Authoriza-
tion Act for Fiscal Year 2011 (division B of Public Law 111–383; 
124 Stat. 4451) for Minden, Louisiana, for construction of a Readi-
ness Center, the Secretary of the Army may construct up to 90,944 
square feet of a Readiness Center. 
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126 STAT. 2138 
PUBLIC LAW 112–239—JAN. 2, 2013 
(g) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, 
SAINT INIGOES, MARYLAND.—In the case of the authorization con-
tained in the table in section 2601 of the Military Construction 
Authorization Act for Fiscal Year 2011 (division B of Public Law 
111–383; 124 Stat. 4451) for Saint Inigoes, Maryland, for construc-
tion of a Tactical Unmanned Aircraft System Facility, the Secretary 
of the Army may construct up to 10,298 square feet of a Tactical 
Unmanned Aircraft System Facility. 
(h) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, 
CAMP GRAFTON, NORTH DAKOTA.—In the case of the authorization 
contained in the table in section 2601 of the Military Construction 
Authorization Act for Fiscal Year 2011 (division B of Public Law 
111–383; 124 Stat. 4451) for Camp Grafton, North Dakota, for 
construction of a Readiness Center, the Secretary of the Army 
may construct up to 68,671 square feet of a Readiness Center. 
(i) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, 
WATERTOWN, SOUTH DAKOTA.—In the case of the authorization 
contained in the table in section 2601 of the Military Construction 
Authorization Act for Fiscal Year 2011 (division B of Public Law 
111–383; 124 Stat. 4451) for Watertown, South Dakota, for construc-
tion of a Readiness Center, the Secretary of the Army may construct 
up to 97,865 square feet of a Readiness Center. 
(j) AUTHORITY TO CARRY OUT AIR NATIONAL GUARD PROJECT, 
NASHVILLE, TENNESSEE.—In the case of the authorization contained 
in the table in section 2604 of the Military Construction Authoriza-
tion Act for Fiscal Year 2011 (division B of Public Law 111–383; 
124 Stat. 4453) for Nashville International Airport, Tennessee, for 
renovation of an Intelligence Squadron Facility, the Secretary of 
the Air Force may convert up to 4,023 square meters of existing 
facilities to bed down Intelligence Group and Remotely Piloted 
Aircraft Remote Split Operations Group missions, consistent with 
the Air National Guard’s construction guidelines for these missions. 
SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
2009 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B 
of Public Law 110–417; 122 Stat. 4658), the authorization set forth 
in the table in subsection (b), as provided in section 2604 of that 
Act (122 Stat. 4706), shall remain in effect until October 1, 2013, 
or the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2014, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Air National Guard: Extension of 2009 Project Authorizations 
State 
Installation or 
Location 
Project 
Amount 
Mississippi ......
Gulfport-Biloxi Inter-
national Airport.
Relocate Munitions 
Complex ...............
$3,400,000 
SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
2010 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2010 (division B 
of Public Law 111–84; 123 Stat. 2627), the authorizations set forth 
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126 STAT. 2139 
PUBLIC LAW 112–239—JAN. 2, 2013 
in the tables in subsection (b), as provided in sections 2602 and 
2604 of that Act (123 Stat. 2649, 2651), shall remain in effect 
until October 1, 2013, or the date of the enactment of an Act 
authorizing funds for military construction for fiscal year 2014, 
whichever is later. 
(b) TABLE.—The tables referred to in subsection (a) are as 
follows: 
Army Reserve: Extension of 2010 Project Authorizations 
State 
Installation or 
Location 
Project 
Amount 
California ..........
Camp Pen-
dleton.
Army Reserve Center .........
$19,500,000 
Connecticut .......
Bridgeport ........
Army Reserve Center/Land 
$18,500,000 
Air National Guard: Extension of 2010 Project Authorization 
State 
Installation or 
Location 
Project 
Amount 
Mississippi .......
Gulfport-Biloxi 
Airport.
Relocate Base Entrance ...........
$6,500,000 
TITLE XXVII—BASE REALIGNMENT AND 
CLOSURE ACTIVITIES 
Subtitle A—Authorization of Appropriations 
Sec. 2701. Authorization of appropriations for base realignment and closure activi-
ties funded through Department of Defense Base Closure Account 1990. 
Sec. 2702. Authorization of appropriations for base realignment and closure activi-
ties funded through Department of Defense Base Closure Account 2005. 
Subtitle B—Other Matters 
Sec. 2711. Consolidation of Department of Defense base closure accounts and au-
thorized uses of base closure account funds. 
Sec. 2712. Revised base closure and realignment restrictions and Comptroller Gen-
eral assessment of Department of Defense compliance with codified base 
closure and realignment restrictions. 
Subtitle A—Authorization of 
Appropriations 
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGN-
MENT AND CLOSURE ACTIVITIES FUNDED THROUGH 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
1990. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2012, for base realignment and clo-
sure activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note) and funded through the Department 
of Defense Base Closure Account 1990 established by section 2906 
of such Act as specified in the funding table in section 4601. 
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126 STAT. 2140 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 2702. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGN-
MENT AND CLOSURE ACTIVITIES FUNDED THROUGH 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
2005. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2012, for base realignment and clo-
sure activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note) and funded through the Department 
of Defense Base Closure Account 2005 established by section 2906A 
of such Act as specified in the funding table in section 4601. 
Subtitle B—Other Matters 
SEC. 2711. CONSOLIDATION OF DEPARTMENT OF DEFENSE BASE CLO-
SURE ACCOUNTS AND AUTHORIZED USES OF BASE CLO-
SURE ACCOUNT FUNDS. 
(a) ESTABLISHMENT OF SINGLE DEPARTMENT OF DEFENSE BASE 
CLOSURE ACCOUNT; USE OF FUNDS.—The Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note) is amended by striking sections 
2906 and 2906A and inserting the following new section 2906: 
‘‘SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT. 
‘‘(a) ESTABLISHMENT.—There is hereby established on the books 
of the Treasury an account to be known as the ‘Department of 
Defense Base Closure Account’ which shall be administered by 
the Secretary as a single account. 
‘‘(b) CREDITS
TO ACCOUNT.—There shall be credited to the 
Account the following: 
‘‘(1) Funds authorized for and appropriated to the Account. 
‘‘(2) Funds transferred to the Account pursuant to section 
2711(b) of the Military Construction Authorization Act for 
Fiscal Year 2013. 
‘‘(3) Funds that the Secretary may, subject to approval 
in an appropriation Act, transfer to the Account from funds 
appropriated to the Department of Defense for any purpose, 
except that funds may be transferred under the authority of 
this paragraph only after the date on which the Secretary 
transmits written notice of, and justification for, such transfer 
to the congressional defense committees. 
‘‘(4) Proceeds received from the lease, transfer, or disposal 
of any property at a military installation closed or realigned 
under this part or the 1988 BRAC law. 
‘‘(c) USE OF ACCOUNT.— 
‘‘(1) AUTHORIZED PURPOSES.—The Secretary may use the 
funds in the Account only for the following purposes: 
‘‘(A) To carry out the Defense Environmental Restora-
tion Program under section 2701 of title 10, United States 
Code, and other environmental restoration and mitigation 
activities at military installations closed or realigned under 
this part or the 1988 BRAC law. 
‘‘(B) To cover property management, disposal, and care-
taker costs incurred at military installations closed or 
realigned under this part or the 1988 BRAC law. 
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126 STAT. 2141 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(C) To cover costs associated with supervision, inspec-
tion, overhead, engineering, and design of military 
construction projects undertaken under this part or the 
1988 BRAC law before September 30, 2013, and subsequent 
claims, if any, related to such activities. 
‘‘(D) To record, adjust, and liquidate obligations prop-
erly chargeable to the following accounts: 
‘‘(i) The Department of Defense Base Closure 
Account 2005 established by section 2906A of this part, 
as in effect on September 30, 2013. 
‘‘(ii) The Department of Defense Base Closure 
Account 1990 established by this section, as in effect 
on September 30, 2013. 
‘‘(iii) The Department of Defense Base Closure 
Account established by section 207 of the 1988 BRAC 
law, as in effect on September 30, 2013. 
‘‘(2) SOLE SOURCE OF FUNDS.—The Account shall be the 
sole source of Federal funds for the activities specified in para-
graph (1) at a military installation closed or realigned under 
this part or the 1988 BRAC law. 
‘‘(3) PROHIBITION ON USE OF ACCOUNT FOR NEW MILITARY 
CONSTRUCTION.—Except as provided in paragraph (1), funds 
in the Account may not be used, directly or by transfer to 
another appropriations account, to carry out a military 
construction project, including a minor military construction 
project, under section 2905(a) or any other provision of law 
at a military installation closed or realigned under this part 
or the 1988 BRAC law. 
‘‘(d) DISPOSAL OR TRANSFER OF COMMISSARY STORES AND PROP-
ERTY PURCHASED WITH NONAPPROPRIATED FUNDS.— 
‘‘(1) DEPOSIT OF PROCEEDS IN RESERVE ACCOUNT.—If any 
real property or facility acquired, constructed, or improved (in 
whole or in part) with commissary store funds or non-
appropriated funds is transferred or disposed of in connection 
with the closure or realignment of a military installation under 
this part, a portion of the proceeds of the transfer or other 
disposal of property on that installation shall be deposited 
in the reserve account established under section 204(b)(7)(C) 
of the 1988 BRAC law. 
‘‘(2) The amount so deposited under paragraph (1) shall 
be equal to the depreciated value of the investment made 
with such funds in the acquisition, construction, or improve-
ment of that particular real property or facility. The depreciated 
value of the investment shall be computed in accordance with 
regulations prescribed by the Secretary. 
‘‘(3) USE
OF
RESERVE
FUNDS.—Subject to the limitation 
contained in section 204(b)(7)(C)(iii) of the 1988 BRAC law, 
amounts in the reserve account are hereby made available 
to the Secretary, without appropriation and until expended, 
for the purpose of acquiring, constructing, and improving— 
‘‘(A) commissary stores; and 
‘‘(B) real property and facilities for nonappropriated 
fund instrumentalities. 
‘‘(e) CONSOLIDATED
BUDGET
JUSTIFICATION
DISPLAY
FOR 
ACCOUNT.— 
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126 STAT. 2142 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(1) CONSOLIDATED BUDGET INFORMATION REQUIRED.—The 
Secretary shall establish a consolidated budget justification 
display in support of the Account that for each fiscal year— 
‘‘(A) details the amount and nature of credits to, and 
expenditures from, the Account during the preceding fiscal 
year; 
‘‘(B) separately details the caretaker and environ-
mental remediation costs associated with each military 
installation for which a budget request is made; 
‘‘(C) specifies the transfers into the Account and the 
purposes for which these transferred funds will be further 
obligated, to include caretaker and environment remedi-
ation costs associated with each military installation; 
‘‘(D) specifies the closure or realignment recommenda-
tion, and the base closure round in which the recommenda-
tion was made, that precipitated the inclusion of the mili-
tary installation; and 
‘‘(E) details any intra-budget activity transfers within 
the Account that exceeded $1,000,000 during the preceding 
fiscal year or that are proposed for the next fiscal year 
and will exceed $1,000,000. 
‘‘(2) SUBMISSION.—The Secretary shall include the informa-
tion required by paragraph (1) in the materials that the Sec-
retary submits to Congress in support of the budget for a 
fiscal year submitted by the President pursuant to section 
1105 of title 31, United States Code. 
‘‘(f) CLOSURE OF ACCOUNT; TREATMENT OF REMAINING FUNDS.— 
‘‘(1) CLOSURE.—The Account shall be closed at the time 
and in the manner provided for appropriation accounts under 
section 1555 of title 31, United States Code, except that unobli-
gated funds which remain in the Account upon closure shall 
be held by the Secretary of the Treasury until transferred 
by law after the congressional defense committees receive the 
final report transmitted under paragraph (2). 
‘‘(2) FINAL REPORT.—No later than 60 days after the closure 
of the Account under paragraph (1), the Secretary shall 
transmit to the congressional defense committees a report con-
taining an accounting of— 
‘‘(A) all the funds credited to and expended from the 
Account or otherwise expended under this part or the 1988 
BRAC law; and 
‘‘(B) any funds remaining in the Account. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘commissary store funds’ means funds 
received from the adjustment of, or surcharge on, selling prices 
at commissary stores fixed under section 2685 of title 10, United 
States Code. 
‘‘(2) The term ‘nonappropriated funds’ means funds received 
from a nonappropriated fund instrumentality. 
‘‘(3) The term ‘nonappropriated fund instrumentality’ 
means an instrumentality of the United States under the juris-
diction of the Armed Forces (including the Army and Air Force 
Exchange Service, the Navy Resale and Services Support Office, 
and the Marine Corps exchanges) which is conducted for the 
comfort, pleasure, contentment, or physical or mental improve-
ment of members of the Armed Forces. 
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126 STAT. 2143 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(4) The term ‘1988 BRAC law’ means title II of the Defense 
Authorization Amendments and Base Closure and Realignment 
Act (Public Law 100–526; 10 U.S.C. 2687 note).’’. 
(b) CLOSURE OF EXISTING CURRENT ACCOUNTS; TRANSFER OF 
FUNDS.— 
(1) CLOSURE.—Subject to paragraph (2), the Secretary of 
the Treasury shall close, pursuant to section 1555 of title 31, 
United States Code, the following accounts on the books of 
the Treasury: 
(A) The Department of Defense Base Closure Account 
2005 established by section 2906A of the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101–510; 10 U.S.C. 2687 note), as in effect 
on the effective date of this section. 
(B) The Department of Defense Base Closure Account 
1990 established by section 2906 of the Defense Base Clo-
sure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101–510; 10 U.S.C. 2687 note), as in effect 
on the effective date of this section. 
(C) The Department of Defense Base Closure Account 
established by section 207 of the Defense Authorization 
Amendments and Base Closure and Realignment Act 
(Public Law 100–526; 10 U.S.C. 2687 note), as in effect 
on the effective date of this section. 
(2) TRANSFER OF FUNDS.—All amounts remaining in the 
three accounts specified in paragraph (1) as of the effective 
date of this section, shall be transferred, effective on that 
date, to the Department of Defense Base Closure Account estab-
lished by section 2906 of the Defense Base Closure and Realign-
ment Act of 1990, as added by subsection (a). 
(3) CROSS REFERENCES.—Except as provided in this sub-
section or the context requires otherwise, any reference in 
a law, regulation, document, paper, or other record of the 
United States to an account specified in paragraph (1) shall 
be deemed to be a reference to the Department of Defense 
Base Closure Account established by section 2906 of the Defense 
Base Closure and Realignment Act of 1990, as added by sub-
section (a). 
(c) CONFORMING AMENDMENTS.— 
(1) REPEAL
OF
FORMER
ACCOUNT.—Section 207 of the 
Defense Authorization Amendments and Base Closure and 
Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note) 
is repealed. 
(2) REPEAL OF OBSOLETE REPORTING REQUIREMENT.—Sec-
tion 2907 of the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 
2687 note) is repealed. 
(3) DEFINITION.— 
(A) 1990 LAW.—Section 2910(1) of the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101–510; 10 U.S.C. 2687 note) is amended 
by striking ‘‘1990 established by section 2906(a)(1)’’ and 
inserting ‘‘established by section 2906(a)’’. 
(B) 1988 LAW.—The Defense Authorization Amend-
ments and Base Closure and Realignment Act (Public Law 
100–526; 10 U.S.C. 2687 note) is amended— 
10 USC 2687 
note. 
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126 STAT. 2144 
PUBLIC LAW 112–239—JAN. 2, 2013 
(i) in section 204(b)(7)(A), by striking ‘‘established 
by section 207(a)(1)’’; and 
(ii) in section 209(1), by striking ‘‘established by 
section 207(a)(1)’’ and inserting ‘‘established by section 
2906(a) of the Defense Base Closure and Realignment 
Act of 1990 (part A of title XXIX of Public Law 101– 
510; 10 U.S.C. 2687 note)’’. 
(4) ENVIRONMENTAL
RESTORATION.—Chapter 160 of title 
10, United States Code, is amended— 
(A) in section 2701(d)(2), by striking ‘‘Department of 
Defense Base Closure Account 1990 or the Department 
of Defense Base Closure Account 2005 established under 
sections 2906 and 2906A’’ and inserting ‘‘Department of 
Defense Base Closure Account established by section 2906’’; 
(B) in section 2703(h)— 
(i) by striking ‘‘the applicable Department of 
Defense base closure account’’ and inserting ‘‘the 
Department of Defense Base Closure Account estab-
lished under section 2906 of the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101–510; 10 U.S.C. 2687 note)’’; and 
(ii) by striking ‘‘the applicable base closure 
account’’ and inserting ‘‘such base closure account’’; 
and 
(C) in section 2705(g)(2), by striking ‘‘Closure Account 
1990’’ and inserting ‘‘Closure Account’’. 
(5) DEPARTMENT
OF
DEFENSE
HOUSING
FUNDS.—Section 
2883 of such title is amended— 
(A) in subsection (c)— 
(i) by striking subparagraph (G) of paragraph (1); 
and 
(ii) by striking subparagraph (G) of paragraph (2); 
and 
(B) in subsection (f)— 
(i) in the first sentence, by striking ‘‘or (G)’’ both 
places it appears; and 
(ii) by striking the second sentence. 
(d) EFFECTIVE DATE.—This section and the amendments made 
by this section shall take effect on the later of— 
(1) October 1, 2013; and 
(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2014. 
SEC. 2712. REVISED BASE CLOSURE AND REALIGNMENT RESTRIC-
TIONS AND COMPTROLLER GENERAL ASSESSMENT OF 
DEPARTMENT OF DEFENSE COMPLIANCE WITH CODIFIED 
BASE CLOSURE AND REALIGNMENT RESTRICTIONS. 
(a) CIVILIAN
PERSONNEL
REDUCTIONS
BELOW
PRESCRIBED 
THRESHOLDS.—Section 2687 of title 10, United States Code, is 
amended— 
(1) by redesignating subsection (e) as subsection (g) and 
moving such subsection to the end of the section; 
(2) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(3) by inserting after subsection (b) the following new sub-
section (c): 
10 USC 2701 
note. 
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126 STAT. 2145 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(c) No action described in subsection (a) with respect to the 
closure of, or realignment with respect to, any military installation 
referred to in such subsection may be taken within five years 
after the date on which a decision is made to reduce the civilian 
personnel thresholds below the levels prescribed in such sub-
section.’’. 
(b) COMPTROLLER GENERAL ASSESSMENT.—Not later than 180 
days after the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the congressional 
defense committees a report reviewing the process and criteria 
used by the Department of Defense to make decisions relating 
to closures and realignments at military installations, including 
closures and realignments occurring both above and below the 
threshold levels specified in section 2687 of title 10, United States 
Code. 
(c) CONFORMING AMENDMENTS RELATING
TO REDESIGNATION 
OF DEFINITIONS SUBSECTION.—Title 10, United States Code, is 
amended as follows: 
(1) Section 2391(d)(1) is amended by striking ‘‘section 
2687(e)’’ and inserting ‘‘section 2687’’. 
(2) Section 2667(i)(3) is amended by striking ‘‘section 
2687(e)(1)’’ and inserting ‘‘section 2687’’. 
TITLE XXVIII—MILITARY 
CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing Changes 
Sec. 2801. Authorized cost and scope variations. 
Sec. 2802. Preparation of master plans for major military installations. 
Sec. 2803. Oversight and accountability for military housing privatization projects 
and related annual reporting requirements. 
Sec. 2804. Extension of temporary, limited authority to use operation and mainte-
nance funds for construction projects in certain areas outside the United 
States. 
Sec. 2805. Comptroller General report on in-kind payments. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Clarification of parties with whom Department of Defense may conduct 
exchanges of real property at certain military installations. 
Sec. 2812. Identification requirements for access to military installations. 
Sec. 2813. Report on property disposals at certain closed military installations and 
additional authorities to assist local communities in the vicinity of such 
installations. 
Sec. 2814. Report on reorganization of Air Force Materiel Command organizations. 
Subtitle C—Energy Security 
Sec. 2821. Congressional notification for contracts for the provision and operation 
of energy production facilities authorized to be located on real property 
under the jurisdiction of a military department. 
Sec. 2822. Availability and use of Department of Defense energy cost savings to 
promote energy security. 
Sec. 2823. Continuation of limitation on use of funds for Leadership in Energy and 
Environmental Design (LEED) gold or platinum certification. 
Sec. 2824. Guidance on financing for renewable energy projects. 
Sec. 2825. Energy savings performance contract report. 
Subtitle D—Provisions Related to Asia-Pacific Military Realignment 
Sec. 2831. Certification of military readiness need for a Live Fire Training Range 
Complex on Guam as condition on establishment of range complex. 
Sec. 2832. Realignment of Marine Corps forces in Asia-Pacific region. 
Subtitle E—Land Conveyances 
Sec. 2841. Modification of authorized consideration, Broadway Complex of the De-
partment of the Navy, San Diego, California. 
Deadline. 
Reports. 
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PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 2842. Use of proceeds, land conveyance, Tyndall Air Force Base, Florida. 
Sec. 2843. Land conveyance, John Kunkel Army Reserve Center, Warren, Ohio. 
Sec. 2844. Land conveyance, Castner Range, Fort Bliss, Texas. 
Sec. 2845. Modification of land conveyance, Fort Hood, Texas. 
Sec. 2846. Land conveyance, Local Training Area for Browning Army Reserve Cen-
ter, Utah. 
Subtitle F—Other Matters 
Sec. 2851. Modification of notice requirements in advance of permanent reduction 
of sizable numbers of members of the Armed Forces at military installa-
tions. 
Sec. 2852. Acceptance of gifts and services to support military museum programs 
and use of cooperative agreements with nonprofit entities for military 
museum and military educational institution programs. 
Sec. 2853. Additional exemptions from certain requirements applicable to funding 
for data servers and centers. 
Sec. 2854. Redesignation of the Center for Hemispheric Defense Studies as the Wil-
liam J. Perry Center for Hemispheric Defense Studies. 
Sec. 2855. Sense of Congress regarding establishment of military divers memorial 
at Washington Navy Yard. 
Sec. 2856. Limitation on availability of funds pending report regarding acquisition 
of land and development of a training range facility adjacent to the Ma-
rine Corps Air Ground Combat Center Twentynine Palms, California. 
Sec. 2857. Oversight and maintenance of closed base cemeteries overseas con-
taining the remains of members of the Armed Forces or citizens of the 
United States. 
Sec. 2858. Report on establishment of joint Armed Forces historical storage and 
preservation facility. 
Sec. 2859. Establishment of commemorative work to Gold Star Mothers. 
Sec. 2860. Establishment of commemorative work to slaves and free Black persons 
who served in American Revolution. 
Subtitle A—Military Construction Program 
and Military Family Housing Changes 
SEC. 2801. AUTHORIZED COST AND SCOPE VARIATIONS. 
Section 2853 of title 10, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘was approved originally’’ 
and inserting ‘‘was authorized’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by adding at the end the following: 
‘‘Any reduction in scope of work for a military construction 
project shall not result in a facility or item of infrastructure 
that is not complete and useable or does not fully meet 
the mission requirement contained in the justification data 
provided to Congress as part of the request for authoriza-
tion of the project, construction, improvement, or acquisi-
tion.’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(3) In this subsection, the term ‘scope of work’ refers to the 
function, size, or quantity of a facility or item of complete and 
useable infrastructure contained in the justification data provided 
to Congress as part of the request for authorization of the project, 
construction, improvement, or acquisition.’’; 
(3) in subsection (c)(1)(A), by striking ‘‘and the reasons 
therefor, including a description’’ and inserting ‘‘, the reasons 
therefor, a certification that the mission requirement identified 
in the justification data provided to Congress can be still be 
met with the reduced scope, and a description’’; and 
(4) by adding at the end the following new subsection: 
‘‘(e) Notwithstanding the authority under subsections (a) 
through (d), the Secretary concerned shall ensure compliance of 
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126 STAT. 2147 
PUBLIC LAW 112–239—JAN. 2, 2013 
contracts for military construction projects and for the construction, 
improvement, and acquisition of military family housing projects 
with section 1341 of title 31 (commonly referred to as the ‘Anti- 
Deficiency Act’).’’. 
SEC. 2802. PREPARATION OF MASTER PLANS FOR MAJOR MILITARY 
INSTALLATIONS. 
(a) MILITARY INSTALLATION MASTER PLANS.—Subchapter III 
of chapter 169 of title 10, United States Code, is amended by 
inserting after section 2863 the following new section: 
‘‘§ 2864. Master plans for major military installations 
‘‘(a) PLANS REQUIRED.—At a time interval prescribed by the 
Secretary concerned (but not less frequently than once every 10 
years), the commander of each major military installation under 
the jurisdiction of the Secretary shall ensure that an installation 
master plan is developed to address environmental planning, 
sustainable design and development, sustainable range planning, 
real property master planning, and transportation planning. 
‘‘(b) TRANSPORTATION COMPONENT.—The transportation compo-
nent of the master plan for a major military installation shall 
be developed and updated in consultation with the metropolitan 
planning organization designated for the metropolitan planning 
area in which the military installation is located. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘major military installation’ has the meaning 
given to the term ‘large site’ in the most recent version of 
the Department of Defense Base Structure Report issued before 
the time interval prescribed for development of installation 
master plans arises under subsection (a). 
‘‘(2) The terms ‘metropolitan planning area’ and ‘metropoli-
tan planning organization’ have the meanings given those terms 
in section 134(b) of title 23 and section 5303(b) of title 49.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter III of chapter 169 of such title is amended 
by inserting after the item relating to section 2863 the following 
new item: 
‘‘2864. Master plans for major military installations.’’. 
SEC. 2803. OVERSIGHT AND ACCOUNTABILITY FOR MILITARY HOUSING 
PRIVATIZATION 
PROJECTS 
AND 
RELATED 
ANNUAL 
REPORTING REQUIREMENTS. 
(a) FINANCIAL INTEGRITY AND ACCOUNTABILITY MEASURES FOR 
SUSTAINMENT OF PRIVATIZATION PROJECTS.— 
(1) FINANCIAL INTEGRITY AND ACCOUNTABILITY MEASURES 
REQUIRED.—Section 2885 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(f) FINANCIAL INTEGRITY AND ACCOUNTABILITY MEASURES.— 
(1) The regulations required by subsection (a) shall address the 
following requirements for each military housing privatization 
project upon the completion of the construction or renovation of 
the housing units: 
‘‘(A) The financial health and performance of the privatiza-
tion project, including the debt-coverage ratio of the project 
and occupancy rates for the housing units. 
‘‘(B) An assessment of the backlog of maintenance and 
repair of the housing units. 
Time period. 
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126 STAT. 2148 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) If the debt service coverage for a military housing privatiza-
tion project falls below 1.0 or the occupancy rates for the housing 
units of the project are below 75 percent for more than one year, 
the Secretary concerned shall require the development of a plan 
to address the financial risk of the project.’’. 
(2) CONFORMING AMENDMENT.—Subsection (a) of such sec-
tion is amended in the matter preceding paragraph (1) by 
inserting before the period at the end of the first sentence 
the following: ‘‘during the course of the construction or renova-
tion of the housing units’’. 
(b) ANNUAL REPORTING REQUIREMENTS.—Section 2884 of such 
title is amended by striking subsection (b) and inserting the fol-
lowing new subsections: 
‘‘(b) ANNUAL REPORTS TO ACCOMPANY BUDGET MATERIALS.— 
The Secretary of Defense shall include each year in the materials 
that the Secretary submits to Congress in support of the budget 
submitted by the President pursuant to section 1105 of title 31 
the following: 
‘‘(1) A separate report on the expenditures and receipts 
during the preceding fiscal year covering each of the Funds 
established under section 2883 of this title, including a descrip-
tion of the specific construction, acquisition, or improvement 
projects from which funds were transferred and the privatiza-
tion projects or contracts to which those funds were transferred. 
Each report shall also include, for each military department 
or defense agency, a description of all funds to be transferred 
to such Funds for the current fiscal year and the next fiscal 
year. 
‘‘(2) A report setting forth, by armed force, the following: 
‘‘(A) An estimate of the amounts of basic allowance 
for housing under section 403 of title 37 that will be paid, 
during the current fiscal year and the fiscal year for which 
the budget is submitted, to members of the armed forces 
living in housing provided under the authorities in this 
subchapter. 
‘‘(B) The number of units of military family housing 
and military unaccompanied housing upon which the esti-
mate under subparagraph (A) for the current fiscal year 
and the next fiscal year is based. 
‘‘(3) A description of the plans for housing privatization 
activities to be carried out under this subchapter— 
‘‘(A) during the fiscal year for which the budget is 
submitted; and 
‘‘(B) during the period covered by the then-current 
future-years defense plan under section 221 of this title. 
‘‘(4) A report identifying each family housing unit acquired 
or constructed under this subchapter that is used, or intended 
to be used, as quarters for a general officer or flag officer 
and for which the total operation, maintenance, and repair 
costs for the unit exceeded $50,000. For each housing unit 
so identified, the report shall also include the total of such 
operation, maintenance, and repair costs. 
‘‘(c) ANNUAL REPORT ON PRIVATIZATION PROJECTS.—The Sec-
retary of Defense shall submit to the congressional defense commit-
tees a semi-annual report containing on evaluation of the status 
of oversight and accountability measures under section 2885 of 
this title for military housing privatization projects. To the extent 
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126 STAT. 2149 
PUBLIC LAW 112–239—JAN. 2, 2013 
each Secretary concerned has the right to attain the information 
described in this subsection, each report shall include, at a min-
imum, the following: 
‘‘(1) An assessment of the backlog of maintenance and 
repair at each military housing privatization project where 
a significant backlog exists, including an estimation of the 
cost of eliminating the maintenance and repair backlog. 
‘‘(2) If the debt associated with a privatization project 
exceeds net operating income or the occupancy rates for the 
housing units are below 75 percent for more than one year, 
the plan developed to mitigate the financial risk of the project. 
‘‘(3) An assessment of any significant project variances 
between the actual and pro forma deposits in the recapitaliza-
tion account. 
‘‘(4) The details of any significant withdrawals from a 
recapitalization account, including the purpose and rationale 
of the withdrawal and, if the withdrawal occurs before the 
normal recapitalization period, the impact of the early with-
drawal on the financial health of the project. 
‘‘(5) An assessment of the extent to which the information 
required to comply with paragraphs (1) through (4) has been 
requested by the Secretaries, but has not been made available. 
‘‘(6) An assessment of cost assessed to members of the 
armed forces for utilities compared to utility rates in the local 
area.’’. 
SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE 
OPERATION AND MAINTENANCE FUNDS FOR CONSTRUC-
TION PROJECTS IN CERTAIN AREAS OUTSIDE THE UNITED 
STATES. 
Section 2808 of the Military Construction Authorization Act 
for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 
1723), as most recently amended by section 2804 of the Military 
Construction Authorization Act for Fiscal Year 2012 (division B 
of Public Law 112–81; 125 Stat. 1685), is further amended— 
(1) in subsection (c)— 
(A) by striking paragraph (2); 
(B) by redesignating paragraph (3) as paragraph (2); 
and 
(C) in paragraph (2), as so redesignated, by striking 
the second sentence; and 
(2) in subsection (h)— 
(A) in paragraph (1), by striking ‘‘September 30, 2012’’ 
and inserting ‘‘September 30, 2013’’; and 
(B) in paragraph (2), by striking ‘‘fiscal year 2013’’ 
and inserting ‘‘fiscal year 2014’’. 
SEC. 2805. COMPTROLLER GENERAL REPORT ON IN-KIND PAYMENTS. 
(a) REPORTS REQUIRED.— 
(1) INITIAL REPORT.—Not later than 270 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the congressional defense 
committees a report on the construction or renovation of Depart-
ment of Defense facilities with in-kind payments. The report 
shall cover construction or renovation projects begun during 
the preceding two years. 
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126 STAT. 2150 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) UPDATES.—Not later than one year after submitting 
the report required under paragraph (1), and annually there-
after for three years, the Comptroller General shall submit 
to the congressional defense committees a report covering 
projects begun since the most recent report. 
(b) CONTENT.—Each report required under subsection (a) shall 
include the following elements: 
(1) A listing of each facility constructed or renovated for 
the Department of Defense as payment in kind. 
(2) The value in United States dollars of that construction 
or renovation. 
(3) The source of the in-kind payment. 
(4) The agreement pursuant to which the in-kind payment 
was made. 
(5) A description of the purpose and need for the construc-
tion or renovation. 
Subtitle B—Real Property and Facilities 
Administration 
SEC. 2811. CLARIFICATION OF PARTIES WITH WHOM DEPARTMENT 
OF DEFENSE MAY CONDUCT EXCHANGES OF REAL PROP-
ERTY AT CERTAIN MILITARY INSTALLATIONS. 
Section 2869(a)(1) of title 10, United States Code, is amended— 
(1) by striking ‘‘any eligible entity’’ and inserting ‘‘any 
person’’; 
(2) by striking ‘‘the entity’’ and inserting ‘‘the person’’; 
and 
(3) by striking ‘‘their control’’ and inserting ‘‘the person’s 
control’’. 
SEC. 2812. IDENTIFICATION REQUIREMENTS FOR ACCESS TO MILITARY 
INSTALLATIONS. 
(a) 
PROCEDURAL
REQUIREMENTS
FOR
IDENTIFICATION 
VERIFICATION.—Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall publish procedural 
requirements regarding access to military installations in the 
United States by individuals, including individuals performing work 
under a contract awarded by the Department of Defense. The proce-
dural requirements may vary between military installations, or 
parts of installations, depending on the nature of the installation, 
the nature of the access granted, and the level of security required. 
(b) ISSUES ADDRESSED.—The procedures required by subsection 
(a) shall
address, at a minimum, the following: 
(1) The forms of identification to be required to permit 
entry. 
(2) The measures to be used to verify the authenticity 
of such identification and identify individuals who seek 
unauthorized access to a military installation through the use 
of fraudulent identification or other means. 
(3) The measures to be used to notify Department of 
Defense security personnel of any attempt to gain unauthorized 
access to a military installation. 
Deadline. 
Publication. 
10 USC 113 note. 
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126 STAT. 2151 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 2813. REPORT ON PROPERTY DISPOSALS AT CERTAIN CLOSED 
MILITARY INSTALLATIONS AND ADDITIONAL AUTHORI-
TIES TO ASSIST LOCAL COMMUNITIES IN THE VICINITY 
OF SUCH INSTALLATIONS. 
(a) REPORT REQUIRED.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the disposition 
of any closure of an active-duty military installation since 1988 
in the United States that— 
(1) was not subject to the property disposal provisions 
contained in the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 
2687 note); and 
(2) for which property disposals have not been completed 
as of the date of the enactment of this Act. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A description of the status of property described in 
subsection (a). 
(2) An assessment of the environmental conditions of, and 
plans and costs for environmental remediation for, each such 
property; 
(3) The plan and schedule, if currently available, for the 
disposal of each such property. 
(4) A description of additional future financial liability or 
other policy impacts to the Department of Defense that are 
likely to be incurred in the event that statutory authorities 
provided by Congress in connection with the disposition of 
military installations closed under a base closure law are 
extended to military installations closed apart from a base 
closure law and for which property disposals have not been 
completed as of the date of the enactment of this Act. 
(5) Such recommendations, if any, as the Secretary of 
Defense considers appropriate for additional authorities to 
assist the Department in expediting the disposal of property 
at closed military installations in order to facilitate economic 
redevelopment for local communities. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘base closure law’’ has the meaning given 
that term in section 101(a)(17) of title 10, United States Code. 
(2) The term ‘‘military installation’’ means a base, camp, 
post, station, yard, center, homeport facility for any ship, or 
other activity under the jurisdiction of the Department of 
Defense in the United States. 
(3) The term ‘‘United States’’ means the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
American Samoa, the Virgin Islands, the Commonwealth of 
the Northern Mariana Islands, and Guam. 
SEC. 2814. REPORT ON REORGANIZATION OF AIR FORCE MATERIEL 
COMMAND ORGANIZATIONS. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the reorganiza-
tion of Air Force Materiel Command organizations. 
(b) ELEMENTS.—The report required under subsection (a) shall 
include the following elements: 
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126 STAT. 2152 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) An assessment of the efficiencies and effectiveness asso-
ciated with the reorganization of Air Force Materiel Command 
organizations. 
(2) An assessment of the organizational construct to deter-
mine how institutional synergies that were previously available 
in a collocated center can be replicated in the new Air Force 
Materiel Command Center reorganization, including an assess-
ment of the following Air Force Materiel Command capabilities: 
(A) Science and Technology, Acquisition. 
(B) Developmental Test and Evaluation. 
(3) An assessment of synergistic efficiencies associated with 
capabilities of collocated organizations of other commands, 
including an assessment of the impact of the reorganization 
of the Air Force Materiel Command on the responsibilities 
of other commands regarding the following: 
(A) Operational Test and Evaluation. 
(B) Follow-on Operational Test and Evaluation. 
(4) An assessment of how the Air Force reorganization 
of Air Force Materiel Command is in adherence with section 
2687 of title 10, United States Code. 
(5) An analysis of the extent to which the proposed changes 
in the Air Force management structure were coordinated with 
the Office of the Secretary of Defense and the degree to which 
any concerns raised by such Office were addressed in the 
approach selected by the Air Force. 
Subtitle C—Energy Security 
SEC. 2821. CONGRESSIONAL NOTIFICATION FOR CONTRACTS FOR THE 
PROVISION AND OPERATION OF ENERGY PRODUCTION 
FACILITIES AUTHORIZED TO BE LOCATED ON REAL PROP-
ERTY UNDER THE JURISDICTION OF A MILITARY DEPART-
MENT. 
Section 2662(a)(1) of title 10, United States Code, is amended 
by adding at the end the following new subparagraph: 
‘‘(H) Any transaction or contract action for the provision 
and operation of energy production facilities on real property 
under the jurisdiction of the Secretary of a military department, 
as authorized by section 2922a(a)(2) of this title, if the term 
of the transaction or contract exceeds 20 years.’’. 
SEC. 2822. AVAILABILITY AND USE OF DEPARTMENT OF DEFENSE 
ENERGY COST SAVINGS TO PROMOTE ENERGY SECURITY. 
Section 2912(b)(1) of title 10, United States Code, is amended 
by inserting after ‘‘additional energy conservation’’ the following: 
‘‘and energy security’’. 
SEC. 2823. CONTINUATION OF LIMITATION ON USE OF FUNDS FOR 
LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN 
(LEED) GOLD OR PLATINUM CERTIFICATION. 
(a) ADDITIONAL REQUIREMENTS FOR REPORT ON ENERGY-EFFI-
CIENCY STANDARDS.—Subsection (a) of section 2830 of the Military 
Construction Authorization Act for Fiscal Year 2012 (division B 
of Public Law 112–81; 125 Stat. 1695) is amended— 
(1) in paragraph (1), by striking ‘‘Not later than June 
30, 2012, the’’ and inserting ‘‘The’’; and 
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126 STAT. 2153 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) by striking paragraph (3) and inserting the following 
new paragraph (3): 
‘‘(3) DEPARTMENT OF DEFENSE UNIFIED FACILITIES CRITERIA 
AND
RELATED
POLICIES.—The report shall also include the 
Department of Defense Unified Facilities Criteria and related 
Department of Defense policies, which shall be updated— 
‘‘(A) to reflect comprehensive guidance for the pursuit 
of design and building standards throughout the Depart-
ment of Defense that specifically address energy- and 
water-efficient standards and sustainable design attributes 
for military construction based on the cost-benefit analysis, 
return on investment, total ownership costs, and dem-
onstrated payback of the design standards specified in sub-
paragraphs (A), (B), (C), and (D) of paragraph (2); and 
‘‘(B) to ensure that the building design and certification 
standards are applied to each military construction project 
based on geographic location and local circumstances to 
ensure maximum savings.’’. 
(b) PROHIBITION ON USE OF FUNDS FOR LEED GOLD OR PLAT-
INUM CERTIFICATION PENDING REPORT.—Subsection (b)(1) of such 
section is amended— 
(1) by striking ‘‘for fiscal year 2012’’ and inserting ‘‘for 
fiscal year 2012 or 2013’’; and 
(2) by inserting before the period at the end the following: 
‘‘until the report required by subsection (a) is submitted to 
the congressional defense committees’’. 
SEC. 2824. GUIDANCE ON FINANCING FOR RENEWABLE ENERGY 
PROJECTS. 
(a) GUIDANCE ON USE OF AVAILABLE FINANCING APPROACHES.— 
(1) ISSUANCE.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall— 
(A) issue guidance about the use of available financing 
approaches for financing renewable energy projects; and 
(B) direct the Secretaries of the military departments 
to update their military department-wide guidance accord-
ingly. 
(2) ELEMENTS.—The guidance issued pursuant to para-
graph (1) should describe the requirements and restrictions 
applicable to the underlying authorities and any Department 
of Defense-specific guidelines for using appropriated funds and 
alternative-financing approaches for renewable energy projects 
to maximize cost savings and energy efficiency for the Depart-
ment of Defense. 
(b) GUIDANCE ON USE OF BUSINESS CASE ANALYSES.—Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall issue guidance that establishes and 
clearly describes the processes used by the military departments 
to select financing approaches for renewable energy projects to 
ensure that business case analyses are completed to maximize 
cost savings and energy efficiency and mitigate drawbacks and 
risks associated with different financing approaches. 
(c) INFORMATION SHARING.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
develop a formalized communications process, such as a shared 
Internet website, that will enable officials at military installations 
to have timely access on an ongoing basis to information related 
Web site. 
Deadlines. 
10 USC 2911 
note. 
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126 STAT. 2154 
PUBLIC LAW 112–239—JAN. 2, 2013 
to financing renewable energy projects on other installations, 
including best practices and lessons that officials at other installa-
tions have learned from their experiences in financing renewable 
energy projects. 
(d) CONSULTATION.—The Secretary of Defense shall issue the 
guidance under subsections (a) and (b) and develop the communica-
tions process under subsection (c) in consultation with the Under 
Secretary of Defense for Acquisition, Technology, and Logistics and 
the Deputy Under Secretary of Defense for Installations and 
Environment. The Secretary of Defense shall also issue the guidance 
under subsection (b) in consultation with the Secretaries of the 
military departments. 
SEC. 2825. ENERGY SAVINGS PERFORMANCE CONTRACT REPORT. 
(a) REPORT REQUIRED.—Not later than June 30, 2013, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report on the use of energy savings performance contracts 
awarded by the Department of Defense during calendar years 2010, 
2011, and 2012. 
(b) ELEMENTS OF REPORT.—The report shall include the fol-
lowing (identified for each military department separately): 
(1) The amount of appropriated funds that were obligated 
or expended during calendar years 2010, 2011, and 2012 for 
energy savings performance contracts and any funds remaining 
to be obligated or expended for such energy savings performance 
contracts. 
(2) The amount of such funds that have been used for 
comprehensive retrofits. 
(3) The amount of such funds that have been used to 
leverage private sector capital, including the amount of such 
capital. 
(4) The amount of savings that have been achieved, or 
that are expected to be achieved, as a result of such energy 
savings performance contracts. 
Subtitle D—Provisions Related to Asia- 
Pacific Military Realignment 
SEC. 2831. CERTIFICATION OF MILITARY READINESS NEED FOR A LIVE 
FIRE TRAINING RANGE COMPLEX ON GUAM AS CONDI-
TION ON ESTABLISHMENT OF RANGE COMPLEX. 
A Live Fire Training Range Complex on Guam may not be 
established (including any construction or lease of lands related 
to such establishment) in coordination with the realignment of 
United States Armed Forces in the Pacific until the Secretary 
of Defense certifies to the congressional defense committees that 
there is a military training and readiness requirement for the 
Live Fire Training Range Complex. 
SEC. 2832. REALIGNMENT OF MARINE CORPS FORCES IN ASIA-PACIFIC 
REGION. 
(a) RESTRICTION ON USE OF FUNDS FOR REALIGNMENT.—Except 
as provided in subsection (c), none of the funds authorized to 
be appropriated under this Act, and none of the amounts provided 
by the Government of Japan for construction activities on land 
Plans. 
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126 STAT. 2155 
PUBLIC LAW 112–239—JAN. 2, 2013 
under the jurisdiction of the Department of Defense, may be obli-
gated to implement the realignment of Marine Corps forces from 
Okinawa to Guam or Hawaii until each of the following occurs: 
(1) The Commander of the United States Pacific Command 
provides to the congressional defense committees an assessment 
of the strategic and logistical resources needed to ensure the 
distributed lay-down of members of the Marine Corps in the 
United States Pacific Command Area of Responsibility meets 
the contingency operations plans. 
(2) The Secretary of Defense submits to the congressional 
defense committees master plans for the construction of facili-
ties and infrastructure to execute the Marine Corps distributed 
lay-down on Guam and Hawaii, including a detailed description 
of costs and the schedule for such construction. 
(3) The Secretary of the Navy submits a plan to the congres-
sional defense committees detailing the proposed investments 
and schedules required to restore facilities and infrastructure 
at Marine Corps Air Station Futenma. 
(4) A plan coordinated by all pertinent Federal agencies 
is provided to the congressional defense committees detailing 
descriptions of work, costs, and a schedule for completion of 
construction, improvements, and repairs to the non-military 
utilities, facilities, and infrastructure, if any, on Guam affected 
by the realignment of forces. 
(b) RESTRICTION
ON DEVELOPMENT
OF PUBLIC INFRASTRUC-
TURE.—If the Secretary of Defense determines that any grant, 
cooperative agreement, transfer of funds to another Federal agency, 
or supplement of funds available in fiscal year 2012 or 2013 under 
Federal programs administered by agencies other than the Depart-
ment of Defense will result in the development (including repair, 
replacement, renovation, conversion, improvement, expansion, 
acquisition, or construction) of public infrastructure on Guam, the 
Secretary of Defense may not carry out such grant, transfer, 
cooperative agreement, or supplemental funding unless such grant, 
transfer, cooperative agreement, or supplemental funding is specifi-
cally authorized by law. 
(c) EXCEPTIONS TO FUNDING RESTRICTION.—The Secretary of 
Defense may use funds described in subsection (a)— 
(1) to complete additional analysis or studies required 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) for proposed actions on Guam or Hawaii; 
(2) to initiate planning and design of construction projects 
at Andersen Air Force Base and Andersen South; and 
(3) to carry out any military construction project for which 
an authorization of appropriations is provided in section 2204, 
as specified in the funding table in section 4601. 
(d) DEFINITIONS.—In this section: 
(1) DISTRIBUTED
LAY-DOWN.—The term ‘‘distributed lay- 
down’’ refers to the planned distribution of members of the 
Marine Corps in Okinawa, Guam, Hawaii, Australia, and pos-
sibly elsewhere that is contemplated in support of the joint 
statement of the United States–Japan Security Consultative 
Committee issued April 26, 2012, in the District of Columbia 
(April 27, 2012, in Tokyo). 
(2) PUBLIC INFRASTRUCTURE.—The term ‘‘public infrastruc-
ture’’ means any utility, method of transportation, item of 
equipment, or facility under the control of a public entity or 
Determination. 
Assessment. 
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126 STAT. 2156 
PUBLIC LAW 112–239—JAN. 2, 2013 
State or local government that is used by, or constructed for 
the benefit of, the general public. 
(e) REPEAL OF SUPERSEDED LAW.—Section 2207 of the Military 
Construction Authorization Act for Fiscal Year 2012 (division B 
of Public Law 112-81; 125 Stat. 1668) is repealed. 
Subtitle E—Land Conveyances 
SEC. 2841. MODIFICATION OF AUTHORIZED CONSIDERATION, BROAD-
WAY COMPLEX OF THE DEPARTMENT OF THE NAVY, SAN 
DIEGO, CALIFORNIA. 
Section 2732(b)(1)(A) of the Military Construction Authorization 
Act, 1987 (division B of Public 99–661; 100 Stat. 4046) is amended 
by striking ‘‘constructed on such real property by the lessees.’’ 
and inserting the following: ‘‘constructed by the lessees— 
‘‘(i) on such real property; or 
‘‘(ii) on other real property within the boundaries of the 
metropolitan San Diego, California, area.’’. 
SEC. 2842. USE OF PROCEEDS, LAND CONVEYANCE, TYNDALL AIR 
FORCE BASE, FLORIDA. 
Section 2862(c) of the Military Construction Authorization Act 
for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 
869) is amended by striking ‘‘construct or improve military family 
housing units’’ and all that follows through the period at the end 
and inserting ‘‘improve or repair facilities at Tyndall Air Force 
Base.’’. 
SEC. 2843. LAND CONVEYANCE, JOHN KUNKEL ARMY RESERVE 
CENTER, WARREN, OHIO. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the Village of Lordstown, Ohio 
(in this section referred to as the ‘‘Village’’), all right, title, and 
interest of the United States in and to a parcel of real property, 
including any improvements thereon, consisting of approximately 
6.95 acres and containing the John Kunkel Army Reserve Center 
located at 4967 Tod Avenue in Warren, Ohio, for the purpose 
of permitting the Village to use the parcel for public purposes. 
(b) INTERIM LEASE.—Until such time as the real property 
described in subsection (a) is conveyed to the Village, the Secretary 
may lease the property to the Village. 
(c) REVERSIONARY INTEREST.—If the Secretary determines at 
any time that the real property conveyed under subsection (a) 
is not being used in accordance with the purpose of the conveyance 
specified in subsection (a) or that the Village has violated a condi-
tion imposed by subsection (e), all right, title, and interest in 
and to such real property, including any improvements thereto, 
shall, at the option of the Secretary, revert to and become the 
property of the United States, and the United States shall have 
the right of immediate entry onto such real property. A determina-
tion by the Secretary under this subsection shall be made on the 
record after an opportunity for a hearing. 
(d) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
Village to cover costs (except costs for environmental remedi-
ation of the property) to be incurred by the Secretary, or to 
Determination. 
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126 STAT. 2157 
PUBLIC LAW 112–239—JAN. 2, 2013 
reimburse the Secretary for such costs incurred by the Sec-
retary, to carry out the conveyance under subsection (a), 
including survey costs, costs for environmental documentation, 
and any other administrative costs related to the conveyance. 
If amounts are collected from the Village in advance of the 
Secretary incurring the actual costs, and the amount collected 
exceeds the costs actually incurred by the Secretary to carry 
out the conveyance, the Secretary shall refund the excess 
amount to the Village. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursement under paragraph (1) shall be credited to 
the fund or account that was used to cover those costs incurred 
by the Secretary in carrying out the conveyance. Amounts 
so credited shall be merged with amounts in such fund or 
account, and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts 
in such fund or account. 
(e) CONDITIONS OF CONVEYANCE.—The conveyance of the real 
property under subsection (a) shall be subject to the following 
conditions: 
(1) That the Village not use any Federal funds to cover 
any portion of the conveyance costs required by subsection 
(d) to be paid by the Village or to cover the costs for the 
design or construction of any facility on the property. 
(2) That the Village begin using the property for public 
purposes before the end of the five-year period beginning on 
the date of conveyance. 
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. 
(g) ADDITIONAL TERMS.—The Secretary may require such addi-
tional terms and conditions in connection with the conveyance as 
the Secretary considers appropriate to protect the interests of the 
United States. 
SEC. 2844. LAND CONVEYANCE, CASTNER RANGE, FORT BLISS, TEXAS. 
(a) CONVEYANCE AUTHORIZED.— 
(1) CONVEYANCE AUTHORITY.—The Secretary of the Army 
may convey, without consideration, to the Parks and Wildlife 
Department of the State of Texas (in this section referred 
to as the ‘‘Department’’) all right, title, and interest of the 
United States in and to a parcel of real property, including 
any improvements thereon, consisting of approximately 7,081 
acres at Fort Bliss, Texas, for the purpose of permitting the 
Department to establish and operate a park as an element 
of the Franklin Mountains State Park. 
(2) PIECEMEAL
CONVEYANCES.—In anticipation of the 
conveyance of the entire parcel of real property described in 
paragraph (1), the Secretary may subdivide the parcel and 
convey to the Department portions of the real property as 
the Secretary determines that the condition of the real property 
is compatible with the Department’s intended use of the prop-
erty. 
(b) REVERSIONARY INTEREST.—If the Secretary determines at 
any time that the real property conveyed under subsection (a) 
is not being used in accordance with the purpose of the conveyance, 
all right, title, and interest in and to such real property, including 
Determination. 
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126 STAT. 2158 
PUBLIC LAW 112–239—JAN. 2, 2013 
any improvements thereto, shall, at the option of the Secretary, 
revert to and become the property of the United States, and the 
United States shall have the right of immediate entry onto such 
real property. A determination by the Secretary under this sub-
section shall be made on the record after an opportunity for a 
hearing. 
(c) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
Department to cover costs to be incurred by the Secretary, 
or to reimburse the Secretary for costs incurred by the Sec-
retary, to carry out the land conveyance under this section, 
including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the convey-
ance. If amounts are collected from the Department in advance 
of the Secretary incurring the actual costs, and the amount 
collected exceeds the costs actually incurred by the Secretary 
to carry out the land exchange, the Secretary shall refund 
the excess amount to Department. This paragraph does not 
apply to costs associated with the environmental remediation 
of the property to be conveyed. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursements under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
by the Secretary in carrying out the land exchange. Amounts 
so credited shall be merged with amounts in such fund or 
account and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts 
in such fund or account. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
descriptions of the parcels of real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to the 
Secretary. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyances under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2845. MODIFICATION OF LAND CONVEYANCE, FORT HOOD, TEXAS. 
Section 2848(a) of the Military Construction Authorization Act 
for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 
2140) is amended by striking ‘‘for the sole purpose’’ and all that 
follows through ‘‘Central Texas.’’ and inserting the following: ‘‘for 
the purpose of permitting the University System to use the prop-
erty— 
‘‘(1) for the establishment of a State-supported university, 
separate from other universities of the University System, des-
ignated as Texas A&M University, Central Texas; and 
‘‘(2) for such other educational purposes as the University 
System considers to be appropriate and the Secretary of the 
Army determines to be compatible with military activities in 
the vicinity of the property.’’. 
SEC. 
2846. 
LAND 
CONVEYANCE, 
LOCAL 
TRAINING 
AREA 
FOR 
BROWNING ARMY RESERVE CENTER, UTAH. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the State of Utah Department 
of Veterans Affairs (in this section referred to as the ‘‘Department’’) 
all right, title, and interest of the United States in and to a parcel 
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126 STAT. 2159 
PUBLIC LAW 112–239—JAN. 2, 2013 
of unimproved real property consisting of approximately five acres 
of the Local Training Area for the Browning Army Reserve Center, 
Utah, for the purpose of constructing and operating a Community 
Based Outpatient Clinic adjacent to the George E. Wahlen Veterans 
Home in Ogden, Utah. 
(b) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT REQUIRED.—The Secretary may require the 
Department to cover costs to be incurred by the Secretary, 
or to reimburse the Secretary for costs incurred by the Sec-
retary, to carry out the conveyance under subsection (a), 
including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the convey-
ance. If amounts paid to the Secretary in advance exceed the 
costs actually incurred by the Secretary to carry out the convey-
ance, the Secretary shall refund the excess amount to the 
Department. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursement under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
by the Department. Amounts so credited shall be merged with 
amounts in such fund or account, and shall be available for 
the same purposes, and subject to the same conditions and 
limitations, as amounts in such fund or account. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
Subtitle F—Other Matters 
SEC. 2851. MODIFICATION OF NOTICE REQUIREMENTS IN ADVANCE 
OF PERMANENT REDUCTION OF SIZABLE NUMBERS OF 
MEMBERS 
OF 
THE 
ARMED 
FORCES 
AT 
MILITARY 
INSTALLATIONS. 
(a) CALCULATION OF NUMBER OF AFFECTED MEMBERS.—Sub-
section (a) of section 993 of title 10, United States Code, is amended 
by adding at the end the following new sentence: ‘‘In calculating 
the number of members to be reduced, the Secretary shall take 
into consideration both direct reductions and indirect reductions.’’. 
(b) NOTICE REQUIREMENTS.—Subsection (b) of such section is 
amended by striking paragraphs (1) through (3) and inserting the 
following new paragraphs: 
‘‘(1) the Secretary of Defense or the Secretary of the mili-
tary department concerned— 
‘‘(A) submits to Congress a notice of the proposed reduc-
tion and the number of military and civilian personnel 
assignments affected, including reductions in base oper-
ations support services and personnel to occur because 
of the proposed reduction; and 
‘‘(B) includes in the notice a justification for the reduc-
tion and an evaluation of the costs and benefits of the 
reduction and of the local economic, strategic, and oper-
ational consequences of the reduction; and 
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126 STAT. 2160 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) a period of 90 days expires following the day on which 
the notice is submitted to Congress.’’. 
(c) DEFINITIONS.—Such section is further amended by adding 
at the end the following new subsection: 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘indirect reduction’ means subsequent 
planned reductions or relocations in base operations support 
services and personnel able to occur due to the direct reductions. 
‘‘(2) The term ‘military installation’ means a base, camp, 
post, station, yard, center, homeport facility for any ship, or 
other activity under the jurisdiction of the Department of 
Defense, including any leased facility, which is located within 
any of the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, American Samoa, the Virgin 
Islands, the Commonwealth of the Northern Mariana Islands, 
or Guam. Such term does not include any facility used primarily 
for civil works, rivers and harbors projects, or flood control 
projects.’’. 
SEC. 2852. ACCEPTANCE OF GIFTS AND SERVICES TO SUPPORT MILI-
TARY MUSEUM PROGRAMS AND USE OF COOPERATIVE 
AGREEMENTS WITH NONPROFIT ENTITIES FOR MILITARY 
MUSEUM AND MILITARY EDUCATIONAL INSTITUTION 
PROGRAMS. 
(a) ACCEPTANCE OF GIFTS AND SERVICES.— 
(1) IN GENERAL.—Subsection (a) of section 2601 of title 
10, United States Code, is amended— 
(A) by striking ‘‘Subject to subsection (d)(2), the’’ and 
inserting ‘‘(1) The’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(2)(A) Notwithstanding section 1342 of title 31, the Secretary 
concerned may accept a gift of services for a military museum 
program from a nonprofit entity established for the purpose of 
supporting a military museum program. Employees or personnel 
of a nonprofit entity who provide a gift of services under this 
subparagraph may not be considered to be employees of the United 
States. 
‘‘(B) For the use and benefit of a military museum program, 
the Secretary concerned may solicit from a bona fide collector a 
gift of books, manuscripts, works of art, historical artifacts, 
drawings, plans, models, or condemned or obsolete combat mate-
riel.’’. 
(2) CONFORMING
AMENDMENTS.—Such section is further 
amended— 
(A) in subsection (b)(1), by striking ‘‘Subject to sub-
section (d)(2), the’’ and inserting ‘‘The’’; 
(B) in subsection (d)— 
(i) in paragraph (1), by striking ‘‘subsection (b)’’ 
and inserting ‘‘such subsections’’; and 
(ii) in paragraph (2), by striking ‘‘and money may 
not be accepted under subsection (a) and property, 
money, and services may not be accepted under sub-
section’’ and inserting ‘‘, money, and services may not 
be accepted under subsection (a) or’’; and 
(C) in subsection (f), by striking ‘‘or money accepted 
under subsection (a) and any property, money, or services 
Time period. 
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126 STAT. 2161 
PUBLIC LAW 112–239—JAN. 2, 2013 
accepted under subsection’’ and inserting ‘‘, money, or serv-
ices accepted under subsection (a) or’’. 
(b) AUTHORITY FOR COOPERATIVE AGREEMENTS.— 
(1) IN GENERAL.—Chapter 155 of such title is amended 
by adding at the end the following new section: 
‘‘§ 2615. Military museums and military education programs: 
cooperative agreement authority 
‘‘(a) USE AUTHORIZED.—The Secretary concerned may enter 
into a cooperative agreement with a nonprofit entity for purposes 
related to— 
‘‘(1) a military museum program; or 
‘‘(2) the support of a military educational institution pro-
gram. 
‘‘(b) COOPERATIVE AGREEMENT DESCRIBED.—For purposes of 
subsection (a), an authorized cooperative agreement is described 
in section 6305 of title 31, except that the use of a cooperative 
agreement by the Secretary concerned is limited to nonprofit enti-
ties.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘2615. Military museums and military education programs: cooperative agreement 
authority.’’. 
SEC. 2853. ADDITIONAL EXEMPTIONS FROM CERTAIN REQUIREMENTS 
APPLICABLE TO FUNDING FOR DATA SERVERS AND CEN-
TERS. 
Section 2867(c) of the Military Construction Authorization Act 
for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 
1706; 10 U.S.C. 2223a note) is amended— 
(1) by striking ‘‘EXCEPTION.—The Chief’’ and inserting the 
following: ‘‘EXCEPTIONS.— 
‘‘(1) INTELLIGENCE COMPONENTS.—The Chief’’; and 
(2) by inserting at the end the following new paragraph: 
‘‘(2) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION PRO-
GRAMS.—The Chief Information Officer of the Department may 
exempt from the applicability of this section research, develop-
ment, test, and evaluation programs that use authorization 
of appropriations for the High Performance Computing Mod-
ernization Program (Program Element 0603461A) if the Chief 
Information Officer determines that the exemption is in the 
best interest of national security.’’. 
SEC. 2854. REDESIGNATION OF THE CENTER FOR HEMISPHERIC 
DEFENSE STUDIES AS THE WILLIAM J. PERRY CENTER 
FOR HEMISPHERIC DEFENSE STUDIES. 
(a) REDESIGNATION.—The Department of Defense regional 
center for security studies known as the Center for Hemispheric 
Defense Studies is hereby renamed the ‘‘William J. Perry Center 
for Hemispheric Defense Studies’’. 
(b) CONFORMING AMENDMENTS.— 
(1) REFERENCE
TO
REGIONAL
CENTERS
FOR
STRATEGIC 
STUDIES.—Section 184 of title 10, United States Code, is 
amended— 
10 USC 184 note. 
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126 STAT. 2162 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) in subsection (b)(2)(C), by striking ‘‘The Center 
for Hemispheric Defense Studies’’ and inserting ‘‘The Wil-
liam J. Perry Center for Hemispheric Defense Studies’’; 
and 
(B) in subsection (f)(5), by striking ‘‘the Center for 
Hemispheric Defense Studies’’ and inserting ‘‘the William 
J. Perry Center for Hemispheric Defense Studies’’. 
(2) ACCEPTANCE
OF
GIFTS
AND
DONATIONS.—Section 
2611(a)(2)(C) of such title is amended by striking ‘‘Center for 
Hemispheric Defense Studies.’’ and inserting ‘‘William J. Perry 
Center for Hemispheric Defense Studies.’’. 
(c) REFERENCES.—Any reference to the Department of Defense 
Center for Hemispheric Defense Studies in any law, regulation, 
map, document, record, or other paper of the United States shall 
be deemed to be a reference to the William J. Perry Center for 
Hemispheric Defense Studies. 
SEC. 2855. SENSE OF CONGRESS REGARDING ESTABLISHMENT OF 
MILITARY DIVERS MEMORIAL AT WASHINGTON NAVY 
YARD. 
It is the sense of Congress that the Secretary of the Navy 
should provide an appropriate site at the former Navy Dive School 
at the Washington Navy Yard for a memorial to honor the members 
of the Armed Forces who have served as divers and whose service 
in defense of the United States has been carried out beneath the 
waters of the world, subject to the conditions that— 
(1) the memorial be paid for with private funds; and 
(2) the Secretary of the Navy retain exclusive authority 
to approve the design and site of the memorial. 
SEC. 2856. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT 
REGARDING ACQUISITION OF LAND AND DEVELOPMENT 
OF A TRAINING RANGE FACILITY ADJACENT TO THE 
MARINE 
CORPS 
AIR 
GROUND 
COMBAT 
CENTER 
TWENTYNINE PALMS, CALIFORNIA. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Marine Corps has studied the feasibility of 
acquiring land and developing a training range facility to con-
duct Marine Expeditionary Brigade level live-fire training on 
or near the West Coast. 
(2) The Bureau of Land Management estimates on national 
economic impact show $261,500,000 in commerce at risk. 
(3) Economic impact on the local community is estimated 
to be $71,100,000. 
(b) LIMITATION OF FUNDS PENDING REPORT.— 
(1) IN GENERAL.—The Secretary of the Navy may not obli-
gate or expend funds for the transfer of land or development 
of a new training range on land adjacent to the Marine Corps 
Air Ground Combat Center Twentynine Palms, California, until 
the Secretary of the Navy has provided the congressional 
defense committees a report on the Marine Corps’ efforts with 
respect to the proposed training range. 
(2) ELEMENTS OF REPORT.—The report required under para-
graph (1) shall be submitted not later than 90 days after 
the date of the enactment of this Act and shall include the 
following: 
10 USC 184 note. 
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126 STAT. 2163 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) A description of the actual training requirements 
for the proposed range and where those training require-
ments are currently being met to support combat deploy-
ments. 
(B) Identification of the impact on off-road vehicle rec-
reational users of the land, the economic impact on the 
local economy, the recreation industry, and any other stake-
holders. 
(C) Identification of any concerns discussed with the 
Bureau of Land Management regarding their assessments 
of the impact on other users. 
(D) Identification of the impact on the State of Califor-
nia’s 1980 Desert Conservation Plan regarding allocation 
of the Off Highway Vehicle Recreation Areas. 
(E) An evaluation of the potential to use the same 
land without transfer, but under specific permits for use 
provided by the Bureau of Land Management (as such 
permits are used at other locations from the Forest Service 
and Bureau of Land Management). 
(F) An evaluation of any potential impacts on other 
Bureau of Land Management lands proximate to Marine 
Corps Air Ground Combat Center Twentynine Palms or 
other locations in the geographic region. 
(3) SECRETARY OF DEFENSE WAIVER.—In the event of urgent 
national need, the Secretary of Defense may notify the congres-
sional defense committees and waive the requirement for the 
report required under paragraph (1). 
SEC. 2857. OVERSIGHT AND MAINTENANCE OF CLOSED BASE CEME-
TERIES OVERSEAS CONTAINING THE REMAINS OF MEM-
BERS OF THE ARMED FORCES OR CITIZENS OF THE 
UNITED STATES. 
(a) OVERSIGHT AND MAINTENANCE PLAN REQUIRED.—Not later 
than 30 days after the closure of a United States military installa-
tion located outside of the United States that includes a cemetery 
containing the remains of members of the Armed Forces or citizens 
of the United States, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and the House 
of Representatives a report containing a plan to ensure the oversight 
and continued operation and maintenance of the cemetery. 
(b) PLAN ELEMENTS.—The plan for a military installation ceme-
tery outside of the United States required by subsection (a) shall— 
(1) specify the Federal agency or private entity that will 
assume responsibility for the operation and maintenance of 
the cemetery following the closure of the installation; and 
(2) describe the information with regard to the cemetery 
that has been provided to the responsible agency or private 
entity. 
SEC. 2858. REPORT ON ESTABLISHMENT OF JOINT ARMED FORCES 
HISTORICAL STORAGE AND PRESERVATION FACILITY. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report setting forth an assessment of the 
feasability and advisability of establishing a joint Armed Forces 
historical storage and preservation facility. The report shall include 
a description and assessment of the current capacities and qualities 
Deadline. 
Reports. 
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126 STAT. 2164 
PUBLIC LAW 112–239—JAN. 2, 2013 
of the historical storage and preservation installations of each of 
the Armed Forces, including the following: 
(1) An identification of any excess capacity at any such 
installation. 
(2) An identification of any shortfalls in the capacity or 
quality of such installations of any Armed Force, and a descrip-
tion of possible actions to address such shortfalls. 
SEC. 2859. ESTABLISHMENT OF COMMEMORATIVE WORK TO GOLD 
STAR MOTHERS. 
(a) ELIGIBLE FEDERAL LAND.—In this section, the term ‘‘eligible 
Federal land’’ means Federal land depicted as ‘‘Area I’’ or ‘‘Area 
II’’ on the map numbered 869/86501 B and dated June 24, 2003. 
The term does not include the Reserve (as defined in section 8902(a) 
of title 40, United States Code). 
(b) COMMEMORATIVE WORK AUTHORIZED.—The Gold Star Moth-
ers National Monument Foundation may establish a commemora-
tive work on eligible Federal land to commemorate the sacrifices 
made by mothers, and made by their sons and daughters who 
as members of the Armed Forces make the ultimate sacrifice, in 
defense of the United States. 
(c) COMPLIANCE
WITH
STANDARDS
FOR
COMMEMORATIVE 
WORKS.—Chapter 89 of title 40, United States Code, and other 
applicable Federal laws and regulations shall apply to the establish-
ment of the commemorative work authorized by this section. 
(d) PROHIBITION ON USE OF FEDERAL FUNDS.—The Gold Star 
Mothers National Monument Foundation may not use Federal funds 
to establish the commemorative work authorized by this section. 
(e) DEPOSIT OF EXCESS FUNDS.— 
(1) UPON ESTABLISHMENT OF COMMEMORATIVE WORK.—If, 
upon payment of all expenses for the establishment of the 
commemorative work authorized by this section (including the 
maintenance and preservation amounts required by section 
8906(b)(1) of title 40, United States Code), there remains a 
balance of funds received for the establishment of the 
commemorative work, the Gold Star Mothers National Monu-
ment Foundation shall transmit the amount of the balance 
to the account provided for in section 8906(b)(3) of such title. 
(2) 
UPON
EXPIRATION
OF
AUTHORITY
TO
ESTABLISH 
COMMEMORATIVE WORK.—If, upon expiration of the authority 
for the commemorative work under section 8903(e) of title 
40, United Sates Code, there remains a balance of funds 
received for the establishment of the commemorative work, 
the Gold Star Mothers National Monument Foundation shall 
transmit the amount of the balance to a separate account 
with the National Park Foundation for memorials, to be avail-
able to the Secretary of the Interior or Administrator of General 
Services (as appropriate) following the process provided in sec-
tion 8906(b)(4) of such title for accounts established under 
section 8906(b)(3) of such title. 
SEC. 2860. ESTABLISHMENT OF COMMEMORATIVE WORK TO SLAVES 
AND FREE BLACK PERSONS WHO SERVED IN AMERICAN 
REVOLUTION. 
(a) ELIGIBLE FEDERAL LAND.—In this section, the term ‘‘eligible 
Federal land’’ means Federal land depicted as ‘‘Area I’’ or ‘‘Area 
II’’ on the map numbered 869/86501 B and dated June 24, 2003. 
40 USC 8903 
note. 
Applicability. 
40 USC 8903 
note. 
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126 STAT. 2165 
PUBLIC LAW 112–239—JAN. 2, 2013 
The term does not include the Reserve (as defined in section 8902(a) 
of title 40, United States Code). 
(b) COMMEMORATIVE WORK AUTHORIZED.—The National Mall 
Liberty Fund D.C. may establish a memorial on eligible Federal 
land to honor the more than 5,000 courageous slaves and free 
Black persons who served as soldiers and sailors or provided civilian 
assistance during the American Revolution. 
(c) COMPLIANCE
WITH
STANDARDS
FOR
COMMEMORATIVE 
WORKS.—Chapter 89 of title 40, United States Code, and other 
applicable Federal laws and regulations shall apply to the establish-
ment of the commemorative work authorized by this section. 
(d) PROHIBITION ON USE OF FEDERAL FUNDS.—The National 
Mall Liberty Fund D.C. may not use Federal funds to establish 
the commemorative work authorized by this section. 
(e) DEPOSIT OF EXCESS FUNDS.— 
(1) UPON ESTABLISHMENT OF COMMEMORATIVE WORK.—If, 
upon payment of all expenses for the establishment of the 
commemorative work authorized by this section (including the 
maintenance and preservation amounts required by section 
8906(b)(1) of title 40, United States Code), there remains a 
balance of funds received for the establishment of the 
commemorative work, the National Mall Liberty Fund D.C. 
shall transmit the amount of the balance to the account pro-
vided for in section 8906(b)(3) of such title. 
(2) 
UPON
EXPIRATION
OF
AUTHORITY
TO
ESTABLISH 
COMMEMORATIVE WORK.—If, upon expiration of the authority 
for the commemorative work under section 8903(e) of title 
40, United Sates Code, there remains a balance of funds 
received for the establishment of the commemorative work, 
the National Mall Liberty Fund D.C. shall transmit the amount 
of the balance to a separate account with the National Park 
Foundation for memorials, to be available to the Secretary 
of the Interior or Administrator of General Services (as appro-
priate) following the process provided in section 8906(b)(4) of 
such title for accounts established under section 8906(b)(3) 
of such title. 
(f) REPEAL OF JOINT RESOLUTIONS.—Public Law 99–558 (110 
Stat. 3144; 40 U.S.C. 8903 note) and Public Law 100–265 (102 
Stat. 39; 40 U.S.C. 8903 note) are repealed. 
TITLE XXIX—OVERSEAS CONTINGENCY 
OPERATIONS MILITARY CONSTRUC-
TION 
Sec. 2901. Authorized Navy construction and land acquisition project. 
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECT. 
(a) OUTSIDE THE UNITED STATES.—The Secretary of the Navy 
may acquire real property and carry out the military construction 
project for the installation outside the United States, and in the 
amount, set forth in the following table: 
Applicability. 
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126 STAT. 2166 
PUBLIC LAW 112–239—JAN. 2, 2013 
Navy: Outside the United States 
Country 
Installation 
Amount 
Djibouti ..................
Camp Lemonier .............................
$99,420,000 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2012, for the military construction project outside the 
United States authorized by subsection (a) as specified in the 
funding table in section 4602. 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Authorized personnel levels of the Office of the Administrator. 
Sec. 3112. Budget justification materials. 
Sec. 3113. National Nuclear Security Administration Council. 
Sec. 3114. Replacement project for Chemistry and Metallurgy Research Building, 
Los Alamos National Laboratory, New Mexico. 
Sec. 3115. Design and use of prototypes of nuclear weapons. 
Sec. 3116. Two-year extension of schedule for disposition of weapons-usable pluto-
nium at Savannah River Site, Aiken, South Carolina. 
Sec. 3117. Transparency in contractor performance evaluations by the National Nu-
clear Security Administration leading to award fees. 
Sec. 3118. Modification and extension of authority on acceptance of contributions 
for acceleration of removal or security of fissile materials, radiological 
materials, and related equipment at vulnerable sites worldwide. 
Sec. 3119. Limitation on availability of funds for Center of Excellence on Nuclear 
Security. 
Sec. 3120. Improvement and streamlining of the missions and operations of the De-
partment of Energy and National Nuclear Security Administration. 
Sec. 3121. Cost-benefit analyses for competition of management and operating con-
tracts. 
Sec. 3122. Program on scientific engagement for nonproliferation. 
Sec. 3123. Cost containment for Uranium Capabilities Replacement Project. 
Subtitle C—Improvements to National Security Energy Laws 
Sec. 3131. Improvements to the Atomic Energy Defense Act. 
Sec. 3132. Improvements to the National Nuclear Security Administration Act. 
Sec. 3133. Consolidated reporting requirements relating to nuclear stockpile stew-
ardship, management, and infrastructure. 
Sec. 3134. Repeal of certain reporting requirements. 
Subtitle D—Reports 
Sec. 3141. Reports on lifetime extension programs. 
Sec. 3142. Notification of nuclear criticality and non-nuclear incidents. 
Sec. 3143. Quarterly reports to Congress on financial balances for atomic energy 
defense activities. 
Sec. 3144. National Academy of Sciences study on peer review and design competi-
tion related to nuclear weapons. 
Sec. 3145. Report on defense nuclear nonproliferation programs. 
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126 STAT. 2167 
PUBLIC LAW 112–239—JAN. 2, 2013 
Sec. 3146. Study on reuse of plutonium pits. 
Sec. 3147. Assessment of nuclear weapon pit production requirement. 
Sec. 3148. Study on a multiagency governance model for national security labora-
tories. 
Sec. 3149. Report on efficiencies in facilities and functions of the National Nuclear 
Security Administration. 
Sec. 3150. Study on regional radiological security zones. 
Sec. 3151. Report on abandoned uranium mines. 
Subtitle E—Other Matters 
Sec. 3161. Use of probabilistic risk assessment to ensure nuclear safety. 
Sec. 3162. Submittal to Congress of selected acquisition reports and independent 
cost estimates on life extension programs and new nuclear facilities. 
Sec. 3163. Classification of certain restricted data. 
Sec. 3164. Advice to President and Congress regarding safety, security, and reli-
ability of United States nuclear weapons stockpile and nuclear forces. 
Sec. 3165. Pilot program on technology commercialization. 
Sec. 3166. Congressional advisory panel on the governance of the nuclear security 
enterprise. 
Subtitle F—American Medical Isotopes Production 
Sec. 3171. Short title. 
Sec. 3172. Definitions. 
Sec. 3173. Improving the reliability of domestic medical isotope supply. 
Sec. 3174. Exports. 
Sec. 3175. Report on disposition of exports. 
Sec. 3176. Domestic medical isotope production. 
Sec. 3177. Annual Department reports. 
Sec. 3178. National Academy of Sciences report. 
Subtitle A—National Security Programs 
Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2013 for the activities of the National Nuclear Security 
Administration in carrying out programs as specified in the funding 
table in section 4701. 
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds 
referred to in subsection (a) that are available for carrying out 
plant projects, the Secretary of Energy may carry out new plant 
projects for the National Nuclear Security Administration as follows: 
Project 13–D–301, Electrical Infrastructure Upgrades, 
Lawrence Livermore National Laboratory, Livermore, Cali-
fornia, and Los Alamos National Laboratory, Los Alamos, 
New Mexico, $23,000,000. 
Project 13–D–903, Kesselring Site Prototype Staff 
Building, Kesselring Site, West Milton, New York, 
$14,000,000. 
Project 13–D–904, Kesselring Site Radiological Work 
and Storage Building, Kesselring Site, West Milton, New 
York, $2,000,000. 
Project 13–D–905, Remote-Handled Low-Level Waste 
Disposal Project, Idaho National Laboratory, $8,890,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2013 for defense environmental 
cleanup activities in carrying out programs as specified in the 
funding table in section 4701. 
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126 STAT. 2168 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2013 for other defense activities 
in carrying out programs as specified in the funding table in section 
4701. 
Subtitle B—Program Authorizations, 
Restrictions, and Limitations 
SEC. 3111. AUTHORIZED PERSONNEL LEVELS OF THE OFFICE OF THE 
ADMINISTRATOR. 
(a) CAP ON FULL-TIME EQUIVALENT POSITIONS.— 
(1) IN GENERAL.—Subtitle C of the National Nuclear Secu-
rity Administration Act (50 U.S.C. 2441 et seq.) is amended 
by inserting after section 3241 the following new section: 
‘‘SEC. 3241A. AUTHORIZED PERSONNEL LEVELS OF THE OFFICE OF 
THE ADMINISTRATOR. 
‘‘(a) FULL-TIME EQUIVALENT PERSONNEL LEVELS.— 
‘‘(1) TOTAL NUMBER.—By October 1, 2014, the total number 
of employees of the Office of the Administrator may not exceed 
1,825. 
‘‘(2) EXCESS.—For fiscal year 2015 and each fiscal year 
thereafter, the Administrator may not exceed the total number 
of employees authorized under paragraph (1) unless, during 
each fiscal year in which such total number exceeds 1,825, 
the Administrator submits to the congressional defense commit-
tees a report justifying such excess. 
‘‘(b) COUNTING RULE.—(1) A determination of the number of 
employees in the Office of the Administrator under subsection (a) 
shall be expressed on a full-time equivalent basis. 
‘‘(2) Except as provided by paragraph (3), in determining the 
total number of employees in the Office of the Administrator under 
subsection (a), the Administrator shall count each employee of 
the Office without regard to whether the employee is located at 
the headquarters of the Administration, a site office of the Adminis-
tration, a service or support center of the Administration, or any 
other location. 
‘‘(3) The following employees may not be counted for purposes 
of determining the total number of employees in the Office of 
the Administrator under subsection (a): 
‘‘(A) Employees of the Office of Naval Reactors. 
‘‘(B) Employees of the Office of Secure Transportation. 
‘‘(C) Members of the Armed Forces detailed to the Adminis-
tration. 
‘‘(D) Personnel supporting the Office of the Administrator 
pursuant to the mobility program under subchapter VI of 
chapter 33 of title 5, United States Code (commonly referred 
to as the ‘Intergovernmental Personnel Act Mobility Program’). 
‘‘(c) VOLUNTARY EARLY RETIREMENT.—In accordance with sec-
tion 3523 of title 5, United States Code, the Administrator may 
offer voluntary separation or retirement incentives to meet the 
total number of employees authorized under subsection (a). 
‘‘(d) USE OF IPA.—The Administrator shall ensure that the 
expertise of the national security laboratories and the nuclear 
Determination. 
Reports. 
Deadline. 
50 USC 2441a. 
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126 STAT. 2169 
PUBLIC LAW 112–239—JAN. 2, 2013 
weapons production facilities is made available to the Administra-
tion, the Department of Energy, the Department of Defense, other 
Federal agencies, and Congress through the temporary assignment 
of personnel from such laboratories and facilities pursuant to the 
Intergovernmental Personnel Act Mobility Program and other 
similar programs.’’. 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of such Act is amended by inserting after the item 
relating to section 3241 the following new item: 
‘‘Sec. 3241A. Authorized personnel levels of the Office of the Administrator.’’. 
(b) INCREASE IN EXCEPTED POSITIONS.— 
(1) IN
GENERAL.—Section 3241 of the National Nuclear 
Security Administration Act (50 U.S.C. 2441) is amended— 
(A) by striking ‘‘300’’ and inserting ‘‘600’’; 
(B) by inserting ‘‘contracting, program management,’’ 
before ‘‘scientific’’; and 
(C) by adding at the end the following new sentence: 
‘‘To ensure that the excepted positions established under 
this section are used, the Administrator, to the extent 
practicable, shall appoint an individual to such an excepted 
position to replace the vacancy of a nonexcepted position.’’. 
(2) CONFORMING AMENDMENT.—The heading of such section 
is amended by inserting ‘‘CONTRACTING, PROGRAM MANAGE-
MENT,’’ before ‘‘SCIENTIFIC’’. 
(3) CLERICAL AMENDMENT.—The table of contents at the 
beginning of such Act is amended by striking the item relating 
to section 3241 and inserting the following new item: 
‘‘Sec. 3241. Authority to establish certain contracting, program management, sci-
entific, engineering, and technical positions.’’. 
SEC. 3112. BUDGET JUSTIFICATION MATERIALS. 
Section 3251(b) of the National Nuclear Security Administration 
Act (50 U.S.C. 2451(b)) is amended— 
(1) by striking ‘‘In the’’ and inserting ‘‘(1) In the’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) In the budget justification materials submitted to Congress 
in support of each such budget, the Administrator shall include 
an assessment of how the budget maintains the core nuclear 
weapons skills of the Administration, including nuclear weapons 
design, engineering, production, testing, and prediction of stockpile 
aging.’’. 
SEC. 3113. NATIONAL NUCLEAR SECURITY ADMINISTRATION COUNCIL. 
(a) NNSA COUNCIL.—Section 4102 of the Atomic Energy 
Defense Act (50 U.S.C. 2512) is amended to read as follows: 
‘‘SEC. 4102. MANAGEMENT STRUCTURE FOR NUCLEAR SECURITY 
ENTERPRISE. 
‘‘(a) IN GENERAL.—The Administrator shall establish a manage-
ment structure for the nuclear security enterprise in accordance 
with the National Nuclear Security Administration Act (50 U.S.C. 
2401 et seq.). 
‘‘(b) NATIONAL NUCLEAR SECURITY ADMINISTRATION COUNCIL.— 
(1) The Administrator shall establish a council to be known as 
the ‘National Nuclear Security Administration Council’. The Council 
may advise the Administrator on— 
Establishment. 
Assessment. 
Appointment. 
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126 STAT. 2170 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(A) scientific and technical issues relating to policy mat-
ters; 
‘‘(B) operational concerns; 
‘‘(C) strategic planning; 
‘‘(D) the development of priorities relating to the mission 
and operations of the Administration and the nuclear security 
enterprise; and 
‘‘(E) such other matters as the Administrator determines 
appropriate. 
‘‘(2) The Council shall be composed of the directors of the 
national security laboratories and the nuclear weapons production 
facilities. 
‘‘(3) The Council may provide the Administrator or the Sec-
retary of Energy recommendations for improving the— 
‘‘(A) governance, management, effectiveness, and efficiency 
of the Administration; and 
‘‘(B) any other matter in accordance with paragraph (1). 
‘‘(4) Not later than 60 days after the date on which any rec-
ommendation under paragraph (3) is received, the Administrator 
or the Secretary, as the case may be, shall respond to the Council 
with respect to whether such recommendation will be implemented 
and the reasoning for implementing or not implementing such rec-
ommendation.’’. 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of such Act is amended by striking the item relating to section 
4102 and inserting the following new item: 
‘‘Sec. 4102. Management structure for nuclear security enterprise.’’. 
SEC. 3114. REPLACEMENT PROJECT FOR CHEMISTRY AND METAL-
LURGY RESEARCH BUILDING, LOS ALAMOS NATIONAL 
LABORATORY, NEW MEXICO. 
(a) PROJECT REQUIRED.— 
(1) IN GENERAL.—Subtitle A of title XLII of the Atomic 
Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 4215. REPLACEMENT PROJECT FOR CHEMISTRY AND METAL-
LURGY RESEARCH BUILDING, LOS ALAMOS NATIONAL 
LABORATORY, NEW MEXICO. 
‘‘(a) REPLACEMENT
BUILDING
REQUIRED.—The Secretary of 
Energy shall construct at Los Alamos National Laboratory, New 
Mexico, a building to replace the functions of the existing Chemistry 
and Metallurgy Research Building at Los Alamos National Labora-
tory associated with Department of Energy Hazard Category 2 
special nuclear material operations. 
‘‘(b) LIMITATION ON COST.—The cost of the building constructed 
under subsection (a) may not exceed $3,700,000,000. If the Secretary 
determines the cost will exceed such amount, the Secretary shall 
submit a detailed justification for such increase to the congressional 
defense committees. 
‘‘(c) PROJECT BASIS.—The construction authorized by subsection 
(a) shall use as its basis the facility project in the Department 
of Energy Readiness and Technical Base designated 04–D–125 
(chemistry and metallurgy facility replacement project at Los 
Alamos National Laboratory). 
‘‘(d) ASSISTANCE.—(1) In carrying out this section, the Secretary 
shall procure the services of the Commander of the Naval Facilities 
Contracts. 
Determination. 
50 USC 2535. 
Deadline. 
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126 STAT. 2171 
PUBLIC LAW 112–239—JAN. 2, 2013 
Engineering Command to assist the Secretary with respect to the 
program management, oversight, and design activities of the project 
authorized by subsection (a). 
‘‘(2) The Secretary shall carry out this subsection using funds 
made available for the National Nuclear Security Administration. 
‘‘(e) DEADLINE
FOR
COMMENCEMENT
OF
OPERATIONS.—The 
building constructed under subsection (a) shall commence oper-
ations by not later than December 31, 2026.’’. 
(2) CLERICAL AND TECHNICAL AMENDMENT.—The table of 
contents at the beginning of such Act is amended by inserting 
after the item relating to section 4214, as added by section 
3131(g)(2), the following new item: 
‘‘Sec. 4215. Replacement project for Chemistry and Metallurgy Research Building, 
Los Alamos National Laboratory, New Mexico.’’. 
(b) FUNDING.— 
(1) FISCAL YEAR 2013 FUNDS.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), of the amounts authorized to be appropriated by this 
Act for fiscal year 2013 for the National Nuclear Security 
Administration, $70,000,000 shall be available for the 
construction of the building authorized by section 4215 
of the Atomic Energy Defense Act, as added by subsection 
(a). 
(B) EXCEPTION.—The following amounts authorized to 
be appropriated by this Act for fiscal year 2013 for the 
National Nuclear Security Administration shall not be 
available for the construction of the building: 
(i) Amounts available for Directed Stockpile Work. 
(ii) Amounts available for Naval Reactors. 
(iii) Amounts available for the facility project in 
the Department of Energy Readiness and Technical 
Base designated 06–D–141. 
(2) PRIOR FISCAL YEAR FUNDS.—Amounts authorized to be 
appropriated for the Department of Energy for a fiscal year 
before fiscal year 2013 and available for the facility project 
in the Department of Energy Readiness and Technical Base 
designated 04–D–125 (chemistry and metallurgy facility 
replacement project at Los Alamos National Laboratory, New 
Mexico) shall be available for the construction of the building 
authorized by section 4215 of the Atomic Energy Defense Act, 
as added by subsection (a). 
(c) LIMITATION
ON ALTERNATIVE PLUTONIUM STRATEGY.—No 
funds authorized to be appropriated by this Act or any other Act 
may be obligated or expended on any activities associated with 
a plutonium strategy for the National Nuclear Security Administra-
tion that does not include achieving full operational capability of 
the replacement project by December 31, 2026, as required by 
section 4215(e) of the Atomic Energy Defense Act, as added by 
subsection (a). 
(d) NAVAL REACTOR STUDY.— 
(1) IN
GENERAL.—The Deputy Administrator for Naval 
Reactors shall conduct a study of the replacement project, 
including an analysis of the cost, benefits, and risks with 
respect to nuclear safety. 
(2) SUBMISSION.—Not later than 18 months after the date 
of the enactment of this Act, the Deputy Administrator shall 
Deadline. 
Reports. 
Recommenda- 
tions. 
50 USC 2535 
note. 
Deadline. 
50 USC 2535 
note. 
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126 STAT. 2172 
PUBLIC LAW 112–239—JAN. 2, 2013 
submit to the congressional defense committees a report on 
the study under paragraph (1), including recommendations of 
the Deputy Administrator with respect to the project structure, 
oversight model, and potential cost savings of the replacement 
project. 
(3) CONSIDERATION OF RECOMMENDATIONS.—In carrying out 
the replacement project, the Secretary of Energy shall consider 
the recommendations made by the Deputy Administrator in 
the report under paragraph (2) and incorporate such rec-
ommendations into the project as the Secretary considers appro-
priate. 
(4) FUNDING.—The Secretary of Energy and the Deputy 
Administrator shall carry out this subsection using funds 
authorized to be appropriated by this Act or otherwise made 
available for the National Nuclear Security Administration that 
are not made available for the Naval Nuclear Propulsion Pro-
gram. 
(e) REPLACEMENT PROJECT DEFINED.—In this section, the term 
‘‘replacement project’’ means the replacement project for the Chem-
istry and Metallurgy Research Building authorized by section 4215 
of the Atomic Energy Defense Act, as added by subsection (a). 
SEC. 3115. DESIGN AND USE OF PROTOTYPES OF NUCLEAR WEAPONS. 
(a) PROTOTYPES.—Subtitle A of title XLV of the Atomic Energy 
Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 4509. DESIGN AND USE OF PROTOTYPES OF NUCLEAR WEAPONS 
FOR INTELLIGENCE PURPOSES. 
‘‘(a) PROTOTYPES.—The Administrator shall develop and carry 
out a plan for the national security laboratories and nuclear 
weapons production facilities to design and build prototypes of 
nuclear weapons to further intelligence estimates with respect to 
foreign nuclear weapons activities. 
‘‘(b) PROHIBITION ON PRODUCTION OF NUCLEAR YIELDS.—In car-
rying out subsection (a), the Administrator may not conduct any 
experiments that produce a nuclear yield.’’. 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of such Act is amended by inserting after the item relating 
to section 4508 the following new item: 
‘‘Sec. 4509. Design and use of prototypes of nuclear weapons for intelligence pur-
poses.’’. 
SEC. 3116. TWO-YEAR EXTENSION OF SCHEDULE FOR DISPOSITION 
OF WEAPONS-USABLE PLUTONIUM AT SAVANNAH RIVER 
SITE, AIKEN, SOUTH CAROLINA. 
Section 4306 of the Atomic Energy Defense Act (50 U.S.C. 
2566) is amended— 
(1) in subsection (a)(3)— 
(A) in subparagraph (C), by striking ‘‘2012’’ and 
inserting ‘‘2014’’; and 
(B) in subparagraph (D), by striking ‘‘2017’’ and 
inserting ‘‘2019’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘by January 1, 2012’’; 
and 
(B) in paragraph (5), by striking ‘‘2012’’ and inserting 
‘‘2014’’; 
Plans. 
50 USC 2660. 
50 USC 2535 
note. 
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126 STAT. 2173 
PUBLIC LAW 112–239—JAN. 2, 2013 
(3) in subsection (c)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘2012’’ and inserting ‘‘2014’’; 
(B) in paragraph (1), by striking ‘‘2014’’ and inserting 
‘‘2016’’; and 
(C) in paragraph (2), by striking ‘‘2020’’ each place 
it appears and inserting ‘‘2022’’; 
(4) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘2014’’ and inserting ‘‘2016’’; and 
(ii) by striking ‘‘2019’’ and inserting ‘‘2021’’; and 
(B) in paragraph (2)(A), by striking ‘‘2020’’ each place 
it appears and inserting ‘‘2022’’; and 
(5) in subsection (e), by striking ‘‘2023’’ and inserting 
‘‘2025’’. 
SEC. 3117. TRANSPARENCY IN CONTRACTOR PERFORMANCE EVALUA-
TIONS BY THE NATIONAL NUCLEAR SECURITY ADMINIS-
TRATION LEADING TO AWARD FEES. 
(a) PUBLICATION REQUIRED.— 
(1) IN GENERAL.—Subtitle A of title XLVIII of the Atomic 
Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 4805. PUBLICATION OF CONTRACTOR PERFORMANCE EVALUA-
TIONS LEADING TO AWARD FEES. 
‘‘(a) IN GENERAL.—The Administrator shall take appropriate 
actions to make available to the public, to the maximum extent 
practicable, contractor performance evaluations conducted by the 
Administration of management and operating contractors of the 
nuclear security enterprise that results in the award of an award 
fee to the contractor concerned. 
‘‘(b) FORMAT.—Performance evaluations shall be made public 
under this section in a common format that facilitates comparisons 
of performance evaluations between and among similar manage-
ment and operating contracts.’’. 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of such Act is amended by inserting after the item 
relating to section 4803 the following new items: 
‘‘Sec. 4804. Notice-and-wait requirement applicable to certain third-party financing 
arrangements. 
‘‘Sec. 4805. Publication of contractor performance evaluations leading to award 
fees.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on the date of the enactment of this Act, 
and shall apply with respect to contractor performance evaluations 
conducted by the National Nuclear Security Administration on or 
after that date. 
SEC. 3118. MODIFICATION AND EXTENSION OF AUTHORITY ON ACCEPT-
ANCE 
OF 
CONTRIBUTIONS 
FOR 
ACCELERATION 
OF 
REMOVAL OR SECURITY OF FISSILE MATERIALS, RADIO-
LOGICAL MATERIALS, AND RELATED EQUIPMENT AT 
VULNERABLE SITES WORLDWIDE. 
(a) PROGRAMS FOR WHICH FUNDS MAY BE ACCEPTED.—Para-
graph (2) of section 3132(f) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(f)) 
is amended to read as follows: 
Applicability. 
50 USC 2785 
note. 
Public 
information. 
50 USC 2785. 
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126 STAT. 2174 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) PROGRAMS COVERED.—The programs described in this 
paragraph are any programs within the Office of Defense 
Nuclear Nonproliferation of the National Nuclear Security 
Administration.’’. 
(b) EXTENSION.—Paragraph (7) of such section is amended by 
striking ‘‘December 31, 2013’’ and inserting ‘‘December 31, 2018’’. 
SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR CENTER OF 
EXCELLENCE ON NUCLEAR SECURITY. 
(a) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2013 for 
the National Nuclear Security Administration, not more than 
$7,000,000 may be obligated or expended for the United States- 
China Center of Excellence on Nuclear Security until the date 
on which the Secretary of Energy submits to the appropriate 
congressional committees the report under subsection (b)(2). 
(b) NUCLEAR SECURITY.— 
(1) REVIEW.—The Secretary of Energy, in coordination with 
the Secretary of Defense, shall conduct a review of the existing 
and planned nonproliferation activities with the People’s 
Republic of China as of the date of the enactment of this 
Act to determine if the engagement is directly or indirectly 
supporting the proliferation of nuclear weapons development 
and technology to other nations. 
(2) REPORT.—Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Energy shall submit 
to the appropriate congressional committees a report certifying 
that the activities reviewed under paragraph (1) are not contrib-
uting to the proliferation of nuclear weapons development and 
technology to other nations. 
(c) FORM.—The report under subsection (b)(2) may be submitted 
in unclassified form and may include a classified annex. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate. 
SEC. 3120. IMPROVEMENT AND STREAMLINING OF THE MISSIONS AND 
OPERATIONS OF THE DEPARTMENT OF ENERGY AND 
NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) IN GENERAL.—The Secretary of Energy and the Adminis-
trator for Nuclear Security shall review and, to the extent prac-
ticable, revise the Department of Energy Acquisition Regulation 
and other regulations, rules, directives, orders, and policies that 
apply to the administration, execution, and oversight of the missions 
and operations of the Department of Energy and the National 
Nuclear Security Administration to improve and streamline such 
administration, execution, and oversight. 
(b) IMPROVEMENT AND STREAMLINING.—In carrying out sub-
section (a), the Secretary and the Administrator shall review and, 
to the extent practicable, carry out the following actions: 
(1) Streamline business processes and structures to reduce 
unnecessary, burdensome, or duplicative approvals. 
(2) Delegate approval for work for others agreements and 
cooperative research and development agreements (except those 
Review. 
Review. 
Revisions. 
42 USC 7251. 
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126 STAT. 2175 
PUBLIC LAW 112–239—JAN. 2, 2013 
that the Secretary or Administrator determine are high value 
or unique) to the lowest appropriate officials and streamline 
the approval processes. 
(3) Establish processes for ensuring routine or low-risk 
procurement and subcontracting decisions are made at the 
discretion of the management and operating contractors while 
ensuring that the Secretary or Administrator apply appropriate 
oversight. 
(4) Assess procurement thresholds as of the date of the 
enactment of this Act and take steps as appropriate to adjust 
such thresholds. 
(5) Eliminate duplicative or low-value reports and data 
calls and ensure consistency in management and cost- 
accounting data. 
(6) Actions to otherwise streamline, clarify, and eliminate 
redundancy in the regulations, rules, directives, orders, and 
policies described by subsection (a). 
(c) BRIEFING.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary and the Adminis-
trator shall provide to the appropriate congressional committees 
a briefing on the review conducted under subsection (a), 
including the status of such review and any actions taken 
or planned to be taken to improve and streamline the regula-
tions, rules, directives, orders, and policies described in such 
subsection. 
(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the congressional defense committees; and 
(B) the Committee on Energy and Natural Resources 
of the Senate and the Committee on Energy and Commerce 
of the House of Representatives. 
SEC. 3121. COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGE-
MENT AND OPERATING CONTRACTS. 
(a) REPORTS REQUIRED.—The Administrator for Nuclear Secu-
rity shall submit to the congressional defense committees a report 
described in subsection (b) by not later than 30 days after the 
date on which the Administrator awards a contract to manage 
and operate a facility of the National Nuclear Security Administra-
tion. 
(b) REPORT DESCRIBED.—A report described in this subsection 
is a report on a contract described by subsection (a) that includes— 
(1) the expected cost savings resulting from the competition 
for the contract over the life of the contract; 
(2) the costs of the competition for the contract, including 
the immediate costs of conducting the competition and any 
increased costs over the life of the contract; 
(3) a description of— 
(A) any disruption or delay in mission activities or 
deliverables resulting from the competition for the contract; 
and 
(B) any benefits of the competition to mission perform-
ance or operations; 
Deadline. 
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126 STAT. 2176 
PUBLIC LAW 112–239—JAN. 2, 2013 
(4) how the competition for the contract complied with 
the Federal Acquisition Regulation regarding federally funded 
research and development centers, if applicable; and 
(5) any other matters the Administrator considers appro-
priate. 
(c) GAO REVIEW.—Not later than 90 days after each report 
is submitted to the congressional defense committees under sub-
section (a) or (d)(2), the Comptroller General of the United States 
shall submit to such committees a review of such report. 
(d) APPLICABILITY.— 
(1) IN GENERAL.—The requirement for reports under sub-
section (a) shall apply with respect to a contract described 
by such subsection that is awarded by the Administrator during 
fiscal years 2013 through 2017. 
(2) FISCAL YEARS 2012 AND 2013 CONTRACTS.—For each con-
tract described by subsection (a) that is awarded by the 
Administrator during fiscal years 2012 or 2013 before the date 
of the enactment of this Act, the Administrator shall submit 
to the congressional defense committees a report described 
in subsection (b) by not later than 90 days after the date 
of such enactment. 
SEC. 3122. PROGRAM ON SCIENTIFIC ENGAGEMENT FOR NON-
PROLIFERATION. 
(a) PROGRAM REQUIRED.— 
(1) SCIENTIFIC
ENGAGEMENT.—The Secretary of Energy, 
acting through the Administrator for Nuclear Security, shall 
carry out a program on scientific engagement in countries 
selected by the Secretary for purposes of the program to 
advance global nonproliferation and nuclear security efforts. 
(2) ELEMENTS.—The program under paragraph (1) shall 
include the following elements: 
(A) Training and capacity-building to strengthen non-
proliferation and security best practices. 
(B) Engagement of scientists of the United States with 
foreign counterparts to advance nonproliferation goals. 
(3) DISTINCT PROGRAM.—The program required by this sub-
section shall be a distinct program from the Global Initiatives 
for Proliferation Prevention program. 
(b) LIMITATION.— 
(1) REPORT ON COMMENCEMENT OF PROGRAM.—Of the funds 
authorized to be appropriated by this Act or otherwise made 
available for fiscal year 2013 or any fiscal year thereafter 
for the National Nuclear Security Administration, not more 
than 50 percent may be obligated or expended under the pro-
gram under subsection (a) until the date on which the Adminis-
trator submits to the appropriate congressional committees a 
report setting forth the following: 
(A) For each country selected for the program as of 
the date of such report— 
(i) a proliferation threat assessment prepared by 
the Director of National Intelligence; and 
(ii) metrics for evaluating the effectiveness of the 
program. 
(B) Accounting standards for the conduct of the pro-
gram approved by the Comptroller General of the United 
States. 
50 USC 2562. 
Reports. 
Deadline. 
Time period. 
Deadline. 
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126 STAT. 2177 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) FORM.—The report under paragraph (1) may be sub-
mitted in unclassified form and may include a classified annex. 
(c) REPORTS ON MODIFICATION OF PROGRAM.— 
(1) IN GENERAL.—Not later than 15 days before making 
any modification in the program under subsection (a) (including 
selecting a new country for the program, ceasing the selection 
of a country for the program, or modifying an element of the 
program), the Administrator shall submit to the appropriate 
congressional committees a report on the modification. 
(2) NEW COUNTRY.—If the modification covered by a report 
under paragraph (1) consists of the selection for the program 
of a country not previously selected for the program, the report 
shall include, for each such country, the matters described 
in subsection (b)(1)(A). 
(3) FORM.—The report under paragraph (1) may be sub-
mitted in unclassified form and may include a classified annex. 
(d) REPORT ON COORDINATION WITH OTHER U.S. NONPROLIFERA-
TION PROGRAMS.—Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall submit to the appro-
priate congressional committees a report describing the manner 
in which the program under subsection (a) coordinates with and 
complements, but does not duplicate, other nonproliferation pro-
grams of the Federal Government. 
(e) COMPTROLLER GENERAL REPORT.— 
(1) IN GENERAL.—Not later than two years after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate congressional 
committees a report on the program under subsection (a). 
(2) MATTERS INCLUDED.—The report under paragraph (1) 
shall include the following: 
(A) An assessment by the Comptroller General of the 
effectiveness of the program, as determined in accordance 
with the metrics described in subsection (b)(1)(A)(ii). 
(B) An assessment of how the program coordinates 
with, complements, or duplicates other nonproliferation 
programs of the Federal Government. 
(C) Such other matters on the program as the Comp-
troller General considers appropriate. 
(f) TERMINATION.—The authority to carry out the program 
under subsection (a) shall expire on September 30, 2016. 
(g) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) The congressional defense committees. 
(2) The Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of 
the Senate. 
SEC. 
3123. 
COST 
CONTAINMENT 
FOR 
URANIUM 
CAPABILITIES 
REPLACEMENT PROJECT. 
(a) EXECUTION PHASES FOR PROJECT.—Project 06–D–141 for 
the Y–12 Uranium Processing Facility, Y–12 National Security 
Complex, Oak Ridge, Tennessee, shall be hereafter known as the 
‘‘Uranium Capabilities Replacement Project’’. The project shall be 
broken into separate execution phases as follows: 
(1) Phase I, which shall consist of— 
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126 STAT. 2178 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) processes and capabilities associated with building 
9212, including uranium casting and uranium chemical 
processing; and 
(B) the support, administration, and logistics facilities 
and the building structure and building-level utilities 
needed to carry out Phases II and III. 
(2) Phase II, which shall consist of processes and capabili-
ties associated with buildings 9215 and 9998, including ura-
nium metal-working, machining, and inspection. 
(3) Phase III, which shall consist of processes and capabili-
ties associated with building 9204–2E, including radiography, 
assembly, disassembly, quality evaluation, and production cer-
tification operations of nuclear weapon secondaries. 
(b) BUDGETING AND AUTHORIZATION FOR EACH PHASE.— 
(1) BUDGETING FOR EACH PHASE REQUIRED.—The Secretary 
of Energy shall budget separately for each Phase under sub-
section (a) of the project referred to in that subsection. 
(2) FUNDING PURSUANT TO SEPARATE AUTHORIZATIONS OF 
APPROPRIATIONS.—Except as provided by paragraph (3), the 
Secretary may not proceed with a Phase under subsection (a) 
of the project referred to in that subsection except with funds 
expressly authorized to be appropriated for that Phase by law. 
(3) UNUSED FUNDING FROM PHASE I.—After Phase I under 
subsection (a) is completed, the Secretary may use any unobli-
gated funds made available for such Phase for Phase II or 
Phase III if the Secretary notifies the congressional defense 
committees before using such funds for Phase II or Phase 
III. 
(c) COMPLIANCE OF PHASES WITH DOE ORDER ON PROGRAM 
AND PROJECT MANAGEMENT.—Each Phase under subsection (a) of 
the project referred to in that subsection shall comply with Depart-
ment of Energy Order 413.3, relating to Program Management 
and Project Management for the Acquisition of Capital Assets. 
(d) LIMITATION ON COST OF PHASE I.—The total cost of Phase 
I under subsection (a) of the project referred to in that subsection 
may not exceed $4,200,000,000. If the Administrator determines 
the total cost of Phase I will exceed $4,200,000,000, the Adminis-
trator shall submit to the congressional defense committees a 
detailed justification for such increase. 
(e) ASSISTANCE.— 
(1) NAVFAC.—In carrying out this section, the Secretary 
shall procure the services of the Commander of the Naval 
Facilities Engineering Command to assist the Secretary with 
respect to the program management, oversight, and design 
activities of the project referred to in subsection (a). 
(2) SOURCE OF FUNDING.—The Secretary shall carry out 
paragraph (1) using funds made available for the National 
Nuclear Security Administration. 
(f) GAO QUARTERLY REPORTS.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, and quarterly thereafter until 
the date on which the project referred to in subsection (a) 
is completed, the Comptroller General of the United States 
shall submit to the congressional defense committees a report 
on all Phases under such subsection. 
(2) MATTERS INCLUDED.—The reports under paragraph (1) 
shall include— 
Contracts. 
Determination. 
Notification. 
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126 STAT. 2179 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) the progress on adhering to cost projections for 
the project referred to in subsection (a) and the progress 
on meeting the requirements of section 4713 of the Atomic 
Energy Defense Act (50 U.S.C. 2753); 
(B) the status of the technology readiness levels for 
equipment and processes that will accompany each Phase 
under subsection (a); 
(C) independent cost estimates of such Phases; 
(D) the programmatic structure of the relationship 
between the prime contractor and subcontractors; and 
(E) any other issue that the Comptroller General deter-
mines appropriate with respect to the requirements, cost, 
schedule, or technology readiness levels of such project. 
(g) NAVAL REACTOR STUDY.— 
(1) IN
GENERAL.—The Deputy Administrator for Naval 
Reactors shall conduct a study of the project referred to in 
subsection (a), including an analysis of the cost, benefits, and 
risks with respect to nuclear safety. 
(2) SUBMISSION.—Not later than one year after the date 
of the enactment of this Act, the Deputy Administrator shall 
submit to the congressional defense committees a report on 
the study under paragraph (1), including recommendations of 
the Deputy Administrator with respect to the project structure, 
oversight model, and potential cost savings of the project 
referred to in subsection (a). 
(3) CONSIDERATION OF RECOMMENDATIONS.—In carrying out 
the project referred to in subsection (a), the Secretary of Energy 
shall consider the recommendations made by the Deputy 
Administrator in the report under paragraph (2) and incor-
porate such recommendations into the project as the Secretary 
considers appropriate. 
(4) FUNDING.—The Secretary and the Deputy Administrator 
shall carry out this subsection using funds authorized to be 
appropriated by this Act or otherwise made available for the 
National Nuclear Security Administration that are not made 
available for the Naval Nuclear Propulsion Program. 
(h) CAPE REVIEW.—Not later than 180 days after the date 
of the enactment of this Act, the Director of Cost Assessment 
and Program Evaluation of the Department of Defense shall submit 
to the congressional defense committees a review of the cost and 
schedule of the project referred to in subsection (a). 
Subtitle C—Improvements to National 
Security Energy Laws 
SEC. 3131. IMPROVEMENTS TO THE ATOMIC ENERGY DEFENSE ACT. 
(a) DEFINITIONS.— 
(1) IN
GENERAL.—Section 4002 of the Atomic Energy 
Defense Act (50 U.S.C. 2501) is amended to read as follows: 
‘‘SEC. 4002. DEFINITIONS. 
‘‘In this division: 
‘‘(1) The term ‘Administration’ means the National Nuclear 
Security Administration. 
‘‘(2) The term ‘Administrator’ means the Administrator for 
Nuclear Security. 
Deadline. 
Reports. 
Recommenda- 
tions. 
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126 STAT. 2180 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(3) The term ‘classified information’ means any informa-
tion that has been determined pursuant to Executive Order 
No. 12333 of December 4, 1981 (50 U.S.C. 401 note), Executive 
Order No. 12958 of April 17, 1995 (50 U.S.C. 435 note), or 
successor orders, to require protection against unauthorized 
disclosure and that is so designated. 
‘‘(4) The term ‘congressional defense committees’ means— 
‘‘(A) the Committee on Armed Services and the Com-
mittee on Appropriations of the Senate; and 
‘‘(B) the Committee on Armed Services and the Com-
mittee on Appropriations of the House of Representatives. 
‘‘(5) The term ‘nuclear security enterprise’ means the phys-
ical facilities, technology, and human capital of the national 
security laboratories and the nuclear weapons production facili-
ties. 
‘‘(6) The term ‘national security laboratory’ means any of 
the following: 
‘‘(A) Los Alamos National Laboratory, Los Alamos, New 
Mexico. 
‘‘(B) Sandia National Laboratories, Albuquerque, New 
Mexico, and Livermore, California. 
‘‘(C) Lawrence Livermore National Laboratory, Liver-
more, California. 
‘‘(7) The term ‘nuclear weapons production facility’ means 
any of the following: 
‘‘(A) The Kansas City Plant, Kansas City, Missouri. 
‘‘(B) The Pantex Plant, Amarillo, Texas. 
‘‘(C) The Y–12 National Security Complex, Oak Ridge, 
Tennessee. 
‘‘(D) The Savannah River Site, Aiken, South Carolina. 
‘‘(E) The Nevada National Security Site, Nevada. 
‘‘(F) Any facility of the Department of Energy that 
the Secretary of Energy, in consultation with the Adminis-
trator and Congress, determines to be consistent with the 
mission of the Administration. 
‘‘(8) The term ‘restricted data’ has the meaning given such 
term in section 11 y. of the Atomic Energy Act of 1954 (42 
U.S.C. 2014(y)).’’. 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is amended by 
striking the item relating to section 4002 and inserting the 
following new item: 
‘‘Sec. 4002. Definitions.’’. 
(b) STOCKPILE
STEWARDSHIP.—Section 4201(b)(5)(E) of the 
Atomic Energy Defense Act (50 U.S.C. 2521(b)(5)(E)) is amended 
by striking ‘‘(as defined in section 3281 of the National Nuclear 
Security Administration Act (50 U.S.C. 2471))’’. 
(c) ANNUAL ASSESSMENTS.—Section 4205 of the Atomic Energy 
Defense Act (50 U.S.C. 2525) is amended by striking subsection 
(i). 
(d) TESTING OF NUCLEAR WEAPONS.— 
(1) IN
GENERAL.—Section 4210 of the Atomic Energy 
Defense Act (50 U.S.C. 2530) is amended to read as follows: 
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PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘SEC. 4210. TESTING OF NUCLEAR WEAPONS. 
‘‘(a) UNDERGROUND TESTING.—No underground test of nuclear 
weapons may be conducted by the United States after September 
30, 1996, unless a foreign state conducts a nuclear test after this 
date, at which time the prohibition on United States nuclear testing 
is lifted. 
‘‘(b) ATMOSPHERIC TESTING.—None of the funds appropriated 
pursuant to the National Defense Authorization Act for Fiscal Year 
1994 (Public Law 103–160; 107 Stat. 1547) or any other Act for 
any fiscal year may be available to maintain the capability of 
the United States to conduct atmospheric testing of a nuclear 
weapon.’’. 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is amended by 
striking the items relating to sections 4210 and 4211 and 
inserting the following new item: 
‘‘Sec. 4210. Testing of nuclear weapons.’’. 
(3) CONFORMING AMENDMENT.—Section 4211 of the Atomic 
Energy Defense Act (50 U.S.C. 2531) is repealed. 
(e) MANUFACTURING INFRASTRUCTURE.—Section 4212 of the 
Atomic Energy Defense Act (50 U.S.C. 2532) is amended by striking 
subsections (d) and (e). 
(f) CRITICAL DIFFICULTIES REPORT.— 
(1) IN
GENERAL.—Section 4213 of the Atomic Energy 
Defense Act (50 U.S.C. 2533) is amended— 
(A) in the heading, by striking ‘‘NUCLEAR WEAPONS 
LABORATORIES
AND
NUCLEAR
WEAPONS
PRODUCTION 
PLANTS’’ and inserting ‘‘NATIONAL
SECURITY
LABORA-
TORIES AND NUCLEAR WEAPONS PRODUCTION FACILITIES’’; 
(B) in subsection (a)— 
(i) by striking ‘‘Assistant Secretary of Energy for 
Defense Programs’’ and inserting ‘‘Administrator’’; 
(ii) by striking ‘‘nuclear weapons laboratory’’ and 
inserting ‘‘national security laboratory’’; and 
(iii) by striking ‘‘production plant’’ and inserting 
‘‘production facility’’; 
(C) in subsection (b)— 
(i) in the heading, by striking ‘‘ASSISTANT SEC-
RETARY’’ and inserting ‘‘ADMINISTRATOR’’; and 
(ii) by striking ‘‘Assistant Secretary’’ each place 
it appears and inserting ‘‘Administrator’’; and 
(D) by striking subsection (e). 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is amended by 
striking the item relating to section 4213 and inserting the 
following new item: 
‘‘Sec. 4213. Reports on critical difficulties at national security laboratories and nu-
clear weapons production facilities.’’. 
(g) PLAN FOR TRANSFORMATION.— 
(1) IN
GENERAL.—Section 4214 of the Atomic Energy 
Defense Act (50 U.S.C. 2534) is amended— 
(A) by striking ‘‘nuclear weapons complex’’ each place 
it appears (including the section heading) and inserting 
‘‘nuclear security enterprise’’; 
(B) by striking subsections (b) and (d); and 
Repeal. 
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126 STAT. 2182 
PUBLIC LAW 112–239—JAN. 2, 2013 
(C) by redesignating subsection (c) as subsection (b). 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is amended by 
inserting after the item relating to section 4213, as inserted 
by subsection (f)(2), the following new item: 
‘‘Sec. 4214. Plan for transformation of National Nuclear Security Administration 
nuclear security enterprise.’’. 
(h) TRITIUM PRODUCTION PROGRAM.—Section 4231 of the Atomic 
Energy Defense Act (50 U.S.C. 2541) is amended to read as follows: 
‘‘SEC. 4231. TRITIUM PRODUCTION PROGRAM. 
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Energy 
shall establish a tritium production program that is capable of 
meeting the tritium requirements of the United States for nuclear 
weapons. 
‘‘(b) LOCATION OF TRITIUM PRODUCTION FACILITY.—The Sec-
retary shall locate any new tritium production facility of the Depart-
ment of Energy at the Savannah River Site, South Carolina.’’. 
(i) TRITIUM RECYCLING FACILITIES.—Section 4234 of the Atomic 
Energy Defense Act (50 U.S.C. 2544) is amended— 
(1) by striking ‘‘(a) IN GENERAL.—The Secretary of Energy’’ 
and inserting ‘‘The Secretary of Energy’’; and 
(2) by striking subsection (b). 
(j) RESTRICTED DATA.—Section 4501 of the Atomic Energy 
Defense Act (50 U.S.C. 2651) is amended by striking subsection 
(c). 
(k) FOREIGN VISITORS.— 
(1) IN
GENERAL.—Section 4502 of the Atomic Energy 
Defense Act (50 U.S.C. 2652) is amended— 
(A) in the heading, by striking ‘‘NATIONAL LABORA-
TORIES’’ and inserting ‘‘NATIONAL
SECURITY
LABORA-
TORIES’’; 
(B) by striking ‘‘national laboratory’’ each place it 
appears and inserting ‘‘national security laboratory’’; and 
(C) in subsection (g), by striking paragraphs (3) and 
(4). 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is amended by 
striking the item relating to section 4502 and inserting the 
following new item: 
‘‘Sec. 4502. Restrictions on access to national security laboratories by foreign visi-
tors from sensitive countries.’’. 
(l) BACKGROUND INVESTIGATIONS.—Section 4503 of the Atomic 
Energy Defense Act (50 U.S.C. 2653) is amended— 
(1) by striking ‘‘(a) IN GENERAL.—’’; 
(2) by striking subsections (b) and (c); and 
(3) by striking ‘‘national laboratory’’ and inserting ‘‘national 
security laboratory’’. 
(m) NUCLEAR DEFENSE INTELLIGENCE LOSSES.— 
(1) IN
GENERAL.—Section 4505 of the Atomic Energy 
Defense Act (50 U.S.C. 2656) is amended— 
(A) in the heading, by striking ‘‘NUCLEAR’’ and 
inserting ‘‘ATOMIC’’; 
(B) in the heading of subsection (b), by striking 
‘‘NUCLEAR’’ and inserting ‘‘ATOMIC ENERGY’’; and 
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126 STAT. 2183 
PUBLIC LAW 112–239—JAN. 2, 2013 
(C) by striking ‘‘nuclear defense’’ each place it appears 
and inserting ‘‘atomic energy defense’’. 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is amended by 
striking the item relating to section 4505 and inserting the 
following new item: 
‘‘Sec. 4505. Notice to congressional committees of certain security and counterintel-
ligence failures within atomic energy defense programs.’’. 
(n) COUNTERINTELLIGENCE REPORT.— 
(1) IN
GENERAL.—Section 4507 of the Atomic Energy 
Defense Act (50 U.S.C. 2658) is amended— 
(A) in the heading, by striking ‘‘NATIONAL LABORA-
TORIES’’ and inserting ‘‘NATIONAL
SECURITY
LABORA-
TORIES’’; 
(B) in subsection (a), by striking ‘‘national laboratories’’ 
and inserting ‘‘national security laboratories’’; 
(C) in subsection (b), by striking ‘‘national laboratory’’ 
and inserting ‘‘national security laboratory’’; and 
(D) by striking subsection (c). 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is amended by 
striking the item relating to section 4507 and inserting the 
following new item: 
‘‘Sec. 4507. Report on counterintelligence and security practices at national security 
laboratories.’’. 
(o) COMPUTER SECURITY REPORT.— 
(1) IN
GENERAL.—Section 4508 of the Atomic Energy 
Defense Act (50 U.S.C. 2659)— 
(A) in the heading, by striking ‘‘NATIONAL LABORA-
TORY’’ and inserting ‘‘NATIONAL SECURITY LABORATORY’’; 
(B) in subsection (a) and (b), by striking ‘‘national 
laboratories’’ each place it appears and inserting ‘‘national 
security laboratories’’; and 
(C) by striking subsections (e) and (f). 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is amended by 
striking the item relating to section 4508 and inserting the 
following new item: 
‘‘Sec. 4508. Report on security vulnerabilities of national security laboratory com-
puters.’’. 
(p) DOCUMENT REVIEW.—Section 4521 of the Atomic Energy 
Defense Act (50 U.S.C. 2671) is amended by striking subsection 
(c). 
(q) REPORTS ON LOCAL IMPACT ASSISTANCE.— 
(1) IN
GENERAL.—Section 4604(f) of the Atomic Energy 
Defense Act (50 U.S.C. 2704(f)) is amended by adding at the 
end the following new paragraph: 
‘‘(3) In addition to the plans submitted under paragraph (1), 
the Secretary shall submit to Congress every six months a report 
setting forth a description of, and the amount or value of, all 
local impact assistance provided during the preceding six months 
under subsection (c)(6).’’. 
(2) CONFORMING AMENDMENT.—Section 4851 of the Atomic 
Energy Defense Act (50 U.S.C. 2821) is repealed. 
Repeal. 
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126 STAT. 2184 
PUBLIC LAW 112–239—JAN. 2, 2013 
(3) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is amended by 
striking the item relating to section 4851. 
(r) RECRUITMENT AND TRAINING.—Section 4622 of the Atomic 
Energy Defense Act (50 U.S.C. 2722) is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘(1) As part of’’ and inserting ‘‘As part 
of’’; and 
(B) by striking paragraph (2); and 
(2) by striking subsection (d). 
(s) FELLOWSHIP PROGRAM.— 
(1) IN
GENERAL.—Section 4623 of the Atomic Energy 
Defense Act (50 U.S.C. 2723) is amended— 
(A) in the heading, by striking ‘‘DEPARTMENT
OF 
ENERGY
NUCLEAR
WEAPONS
COMPLEX’’ and inserting 
‘‘NUCLEAR SECURITY ENTERPRISE’’; 
(B) in subsection (a), by striking ‘‘Department of 
Energy nuclear weapons complex’’ each place it appears 
and inserting ‘‘nuclear security enterprise’’; 
(C) in subsection (c), by striking ‘‘following’’ and all 
that follows through the period at the end and inserting 
‘‘national security laboratories and nuclear weapons 
production facilities.’’; and 
(D) in subsection (f)(2), by striking ‘‘the Department 
of Energy for’’ and inserting ‘‘the nuclear security enter-
prise for’’. 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is amended by 
striking the item relating to section 4623 and inserting the 
following new item: 
‘‘Sec. 4623. Fellowship program for development of skills critical to the nuclear se-
curity enterprise.’’. 
(t) COST
OVERRUNS.—Section 4713(a)(1)(A) of the Atomic 
Energy Defense Act (50 U.S.C. 2753(a)(1)(A)) is amended— 
(1) by striking ‘‘for Nuclear Security’’; and 
(2) by striking ‘‘National Nuclear Security’’. 
(u) BUDGET REQUEST.— 
(1) IN
GENERAL.—Section 4731 of the Atomic Energy 
Defense Act (50 U.S.C. 2771) is repealed. 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is amended by 
striking the item relating to section 4731. 
(v) CONTRACTOR BONUSES.—Section 4802 of the Atomic Energy 
Defense Act (50 U.S.C. 2782) is amended— 
(2) by striking subsection (b); and 
(3) by redesignating subsections (c) and (d) as subsections 
(b) and (c), respectively. 
(w) FUNDS FOR RESEARCH AND DEVELOPMENT.—Section 4812 
of the Atomic Energy Defense Act (50 U.S.C. 2792) is amended— 
(1) by striking subsections (b) through (d); and 
(2) by redesignating subsection (e) as subsection (b). 
(x) TECHNOLOGY PARTNERSHIPS.—Section 4813(c) of the Atomic 
Energy Defense Act (50 U.S.C. 2794(c)) is amended by striking 
paragraph (5). 
Repeal. 
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126 STAT. 2185 
PUBLIC LAW 112–239—JAN. 2, 2013 
(y) UNIVERSITY COLLABORATION.—Section 4814 of the Atomic 
Energy Defense Act (50 U.S.C. 2795) is amended by striking sub-
section (c). 
(z) ENGINEERING
AND MANUFACTURING RESEARCH.—Section 
4832 of the Atomic Energy Defense Act (50 U.S.C. 2812) is 
amended— 
(1) in subsection (b), by striking ‘‘nuclear weapons complex’’ 
and inserting ‘‘nuclear security enterprise’’; and 
(2) by striking subsections (c) through (e). 
(aa) PILOT PROGRAM REPORT.—Section 4833 of the Atomic 
Energy Defense Act (50 U.S.C. 2813) is amended by striking sub-
section (e). 
(bb) TECHNICAL AMENDMENTS.— 
(1) IN
GENERAL.—The Atomic Energy Defense Act (50 
U.S.C. 2501 et seq.) is amended as follows: 
(A) In section 4604(g)(3) (50 U.S.C. 2704(g)(3)), by 
striking ‘‘; the Pinnellas Plant, Florida;’’. 
(B) In the heading of section 4852 (50 U.S.C. 2822), 
by striking ‘‘NEVADA TEST SITE’’ and inserting ‘‘NEVADA 
NATIONAL SECURITY SITE’’. 
(C) By striking ‘‘Nevada Test Site’’ each place it 
appears and inserting ‘‘Nevada National Security Site’’. 
(D) By striking ‘‘Director of Central Intelligence’’ each 
place it appears and inserting ‘‘Director of National Intel-
ligence’’. 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is further amended 
by striking the item relating to section 4852 and inserting 
the following new item: 
‘‘Sec. 4852. Payment of costs of operation and maintenance of infrastructure at Ne-
vada National Security Site.’’. 
SEC. 3132. IMPROVEMENTS TO THE NATIONAL NUCLEAR SECURITY 
ADMINISTRATION ACT. 
(a) NUCLEAR SECURITY ENTERPRISE REFERENCE.— 
(1) FUTURE-YEARS NUCLEAR SECURITY PROGRAM.—Section 
3253(b) of the National Nuclear Security Administration Act 
(50 U.S.C. 2453(b)) is amended by striking ‘‘nuclear weapons 
complex’’ each place it appears and inserting ‘‘nuclear security 
enterprise’’. 
(2) GAO REPORTS.—Section 3255 of the National Nuclear 
Security Administration Act (50 U.S.C. 2455) is amended— 
(A) in subsection (a), by striking ‘‘nuclear security com-
plex’’ each place it appears and inserting ‘‘nuclear security 
enterprise’’; and 
(B) in subsection (b), by striking paragraph (3). 
(3) DEFINITION.—Section 3281 of the National Nuclear 
Security Administration Act (50 U.S.C. 2471) is amended by 
adding at the end the following new paragraph: 
‘‘(6) The term ‘nuclear security enterprise’ means the phys-
ical facilities, technology, and human capital of the national 
security laboratories and the nuclear weapons production facili-
ties.’’. 
(b) TRANSFER OF FUNCTIONS.— 
(1) FUNDS AND PERSONNEL.—Section 3291 of the National 
Nuclear Security Administration Act (50 U.S.C. 2481) is 
amended— 
50 USC 2562, 
2652, 2656. 
50 USC 2521, 
2704, 2822. 
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126 STAT. 2186 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) in subsection (c), by striking ‘‘specified in subsection 
(a)’’ and inserting ‘‘of the Administration’’; and 
(B) by adding at the end the following new subsections: 
‘‘(d) TRANSFER OF FUNDS.—(1) Any balance of appropriations 
that the Secretary of Energy determines is available and needed 
to finance or discharge a function, power, or duty or an activity 
that is transferred to the Administration shall be transferred to 
the Administration and used for any purpose for which those appro-
priations were originally available. Balances of appropriations so 
transferred shall— 
‘‘(A) be credited to any applicable appropriation account 
of the Administration; or 
‘‘(B) be credited to a new account that may be established 
on the books of the Department of the Treasury; 
and shall be merged with the funds already credited to that 
account and accounted for as one fund. 
‘‘(2) Balances of appropriations credited to an account under 
paragraph (1)(A) are subject only to such limitations as are specifi-
cally applicable to that account. Balances of appropriations credited 
to an account under paragraph (1)(B) are subject only to such 
limitations as are applicable to the appropriations from which they 
are transferred. 
‘‘(e) PERSONNEL.—(1) With respect to any function, power, or 
duty or activity of the Department of Energy that is transferred 
to the Administration, those employees of the element of the Depart-
ment of Energy from which the transfer is made that the Secretary 
of Energy determines are needed to perform that function, power, 
or duty, or for that activity, as the case may be, shall be transferred 
to the Administration. 
‘‘(2) The authorized strength in civilian employees of any ele-
ment of the Department of Energy from which employees are trans-
ferred under this section is reduced by the number of employees 
so transferred.’’. 
(2) APPLICABILITY OF EXISTING LAWS AND REGULATIONS.— 
Section 3296 of the National Nuclear Security Administration 
Act (50 U.S.C. 2484) is amended to read as follows: 
‘‘SEC. 3296. APPLICABILITY OF PREEXISTING LAWS AND REGULATIONS. 
‘‘With respect to any facility, mission, or function of the Depart-
ment of Energy that the Secretary of Energy transfers to the 
Administrator under section 3291, unless otherwise provided in 
this title, all provisions of law and regulations in effect immediately 
before the date of the transfer that are applicable to such facility, 
mission, or function shall continue to apply to the corresponding 
functions of the Administration.’’. 
(3) RULE OF CONSTRUCTION.—Nothing in section 3291 of 
the National Nuclear Security Administration Act (50 U.S.C. 
2481), as amended by paragraph (1), may be construed to 
affect any function or activity transferred by the Secretary 
of Energy to the Administrator for Nuclear Security before 
the date of the enactment of this Act. 
(c) REPEAL OF EXPIRED PROVISIONS.— 
(1) IN GENERAL.—The following sections of the National 
Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) 
are repealed: 
(A) Section 3242 (50 U.S.C. 2442). 
(B) Section 3292 (50 U.S.C. 2482). 
50 USC 2481 
note. 
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126 STAT. 2187 
PUBLIC LAW 112–239—JAN. 2, 2013 
(C) Section 3295 (50 U.S.C. 2483). 
(D) Section 3297 (50 U.S.C. 2401 note). 
(2) CLERICAL AMENDMENTS.—The table of contents at the 
beginning of the National Nuclear Security Administration Act 
is amended by striking the items relating to sections 3242, 
3292, 3295, and 3297. 
(d) TECHNICAL AMENDMENTS TO THE NNSA ACT.—The National 
Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is 
amended as follows: 
(1) In section 3212(a)(2) (50 U.S.C. 2402(a)(2)), by striking 
‘‘as added by section 3202 of this Act,’’. 
(2) In section 3253(b)(3) (50 U.S.C. 2453(b)(3)), by striking 
‘‘section 3158 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (42 U.S.C. 2121 note)’’ 
and inserting ‘‘section 4202(a) of the Atomic Energy Defense 
Act (50 U.S.C. 2522(a))’’. 
(3) In section 3281(2) (50 U.S.C. 2471(2))— 
(A) in subparagraph (C), by striking ‘‘Y–12 Plant’’ and 
inserting ‘‘Y–12 National Security Complex’’; and 
(B) in subparagraph (D), by striking ‘‘tritium oper-
ations facilities at the’’. 
(4) By striking ‘‘Nevada Test Site’’ each place it appears 
and inserting ‘‘Nevada National Security Site’’. 
(e) TECHNICAL AMENDMENT TO THE DOE ORGANIZATION ACT.— 
Section 643 of the Department of Energy Organization Act (42 
U.S.C. 7253) is amended by redesignating the second subsection 
(b) as subsection (c). 
SEC. 3133. CONSOLIDATED REPORTING REQUIREMENTS RELATING TO 
NUCLEAR STOCKPILE STEWARDSHIP, MANAGEMENT, AND 
INFRASTRUCTURE. 
(a) CONSOLIDATED PLAN FOR STEWARDSHIP, MANAGEMENT, AND 
CERTIFICATION OF WARHEADS IN THE NUCLEAR WEAPONS STOCK-
PILE.— 
(1) IN
GENERAL.—Section 4203 of the Atomic Energy 
Defense Act (50 U.S.C. 2523) is amended to read as follows: 
‘‘SEC. 4203. NUCLEAR WEAPONS STOCKPILE STEWARDSHIP, MANAGE-
MENT, AND INFRASTRUCTURE PLAN. 
‘‘(a) PLAN REQUIREMENT.—The Administrator, in consultation 
with the Secretary of Defense and other appropriate officials of 
the departments and agencies of the Federal Government, shall 
develop and annually update a plan for sustaining the nuclear 
weapons stockpile. The plan shall cover, at a minimum, stockpile 
stewardship, stockpile management, stockpile surveillance, program 
direction, infrastructure modernization, human capital, and nuclear 
test readiness. The plan shall be consistent with the programmatic 
and technical requirements of the most recent annual Nuclear 
Weapons Stockpile Memorandum. 
‘‘(b) SUBMISSIONS TO CONGRESS.—(1) In accordance with sub-
section (c), not later than March 15 of each even-numbered year, 
the Administrator shall submit to the congressional defense commit-
tees a summary of the plan developed under subsection (a). 
‘‘(2) In accordance with subsection (d), not later than March 
15 of each odd-numbered year, the Administrator shall submit 
to the congressional defense committees a detailed report on the 
plan developed under subsection (a). 
Deadlines. 
Reports. 
Consultation. 
Deadline. 
50 USC 2455, 
2471. 
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126 STAT. 2188 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(3) The summaries and reports required by this subsection 
shall be submitted in unclassified form, but may include a classified 
annex. 
‘‘(c) ELEMENTS OF BIENNIAL PLAN SUMMARY.—Each summary 
of the plan submitted under subsection (b)(1) shall include, at 
a minimum, the following: 
‘‘(1) A summary of the status of the nuclear weapons stock-
pile, including the number and age of warheads (including 
both active and inactive) for each warhead type. 
‘‘(2) A summary of the status, plans, budgets, and schedules 
for warhead life extension programs and any other programs 
to modify, update, or replace warhead types. 
‘‘(3) A summary of the methods and information used to 
determine that the nuclear weapons stockpile is safe and reli-
able, as well as the relationship of science-based tools to the 
collection and interpretation of such information. 
‘‘(4) A summary of the status of the nuclear security enter-
prise, including programs and plans for infrastructure mod-
ernization and retention of human capital, as well as associated 
budgets and schedules. 
‘‘(5) Identification of any modifications or updates to the 
plan since the previous summary or detailed report was sub-
mitted under subsection (b). 
‘‘(6) Such other information as the Administrator considers 
appropriate. 
‘‘(d) ELEMENTS OF BIENNIAL DETAILED REPORT.—Each detailed 
report on the plan submitted under subsection (b)(2) shall include, 
at a minimum, the following: 
‘‘(1) With respect to stockpile stewardship and manage-
ment— 
‘‘(A) the status of the nuclear weapons stockpile, 
including the number and age of warheads (including both 
active and inactive) for each warhead type; 
‘‘(B) for each five-year period occurring during the 
period beginning on the date of the report and ending 
on the date that is 20 years after the date of the report— 
‘‘(i) the planned number of nuclear warheads 
(including active and inactive) for each warhead type 
in the nuclear weapons stockpile; and 
‘‘(ii) the past and projected future total lifecycle 
cost of each type of nuclear weapon; 
‘‘(C) the status, plans, budgets, and schedules for war-
head life extension programs and any other programs to 
modify, update, or replace warhead types; 
‘‘(D) a description of the process by which the Adminis-
trator assesses the lifetimes, and requirements for life 
extension or replacement, of the nuclear and non-nuclear 
components of the warheads (including active and inactive 
warheads) in the nuclear weapons stockpile; 
‘‘(E) a description of the process used in recertifying 
the safety, security, and reliability of each warhead type 
in the nuclear weapons stockpile; 
‘‘(F) any concerns of the Administrator that would 
affect the ability of the Administrator to recertify the safety, 
security, or reliability of warheads in the nuclear weapons 
stockpile (including active and inactive warheads); 
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126 STAT. 2189 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(G) mechanisms to provide for the manufacture, 
maintenance, and modernization of each warhead type in 
the nuclear weapons stockpile, as needed; 
‘‘(H) mechanisms to expedite the collection of informa-
tion necessary for carrying out the stockpile management 
program required by section 4204, including information 
relating to the aging of materials and components, new 
manufacturing techniques, and the replacement or substi-
tution of materials; 
‘‘(I) mechanisms to ensure the appropriate assignment 
of roles and missions for each national security laboratory 
and nuclear weapons production facility, including mecha-
nisms for allocation of workload, mechanisms to ensure 
the carrying out of appropriate modernization activities, 
and mechanisms to ensure the retention of skilled per-
sonnel; 
‘‘(J) mechanisms to ensure that each national security 
laboratory has full and complete access to all weapons 
data to enable a rigorous peer-review process to support 
the annual assessment of the condition of the nuclear 
weapons stockpile required under section 4205; 
‘‘(K) mechanisms for allocating funds for activities 
under the stockpile management program required by sec-
tion 4204, including allocations of funds by weapon type 
and facility; and 
‘‘(L) for each of the five fiscal years following the fiscal 
year in which the report is submitted, an identification 
of the funds needed to carry out the program required 
under section 4204. 
‘‘(2) With respect to science-based tools— 
‘‘(A) a description of the information needed to deter-
mine that the nuclear weapons stockpile is safe and reli-
able; 
‘‘(B) for each science-based tool used to collect informa-
tion described in subparagraph (A), the relationship 
between such tool and such information and the effective-
ness of such tool in providing such information based on 
the criteria developed pursuant to section 4202(a); and 
‘‘(C) the criteria developed under section 4202(a) 
(including any updates to such criteria). 
‘‘(3) An assessment of the stockpile stewardship program 
under section 4201 by the Administrator, in consultation with 
the directors of the national security laboratories, which shall 
set forth— 
‘‘(A) an identification and description of— 
‘‘(i) any key technical challenges to the stockpile 
stewardship program; and 
‘‘(ii) the strategies to address such challenges with-
out the use of nuclear testing; 
‘‘(B) a strategy for using the science-based tools 
(including advanced simulation and computing capabilities) 
of each national security laboratory to ensure that the 
nuclear weapons stockpile is safe, secure, and reliable with-
out the use of nuclear testing; 
‘‘(C) an assessment of the science-based tools (including 
advanced simulation and computing capabilities) of each 
national security laboratory that exist at the time of the 
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126 STAT. 2190 
PUBLIC LAW 112–239—JAN. 2, 2013 
assessment compared with the science-based tools expected 
to exist during the period covered by the future-years 
nuclear security program; and 
‘‘(D) an assessment of the core scientific and technical 
competencies required to achieve the objectives of the stock-
pile stewardship program and other weapons activities and 
weapons-related 
activities 
of 
the 
Administration, 
including— 
‘‘(i) the number of scientists, engineers, and techni-
cians, by discipline, required to maintain such com-
petencies; and 
‘‘(ii) a description of any shortage of such individ-
uals that exists at the time of the assessment compared 
with any shortage expected to exist during the period 
covered by the future-years nuclear security program. 
‘‘(4) With respect to the nuclear security infrastructure— 
‘‘(A) a description of the modernization and refurbish-
ment measures the Administrator determines necessary 
to meet the requirements prescribed in— 
‘‘(i) the national security strategy of the United 
States as set forth in the most recent national security 
strategy report of the President under section 108 of 
the National Security Act of 1947 (50 U.S.C. 404a) 
if such strategy has been submitted as of the date 
of the plan; 
‘‘(ii) the most recent quadrennial defense review 
if such strategy has not been submitted as of the 
date of the plan; and 
‘‘(iii) the most recent Nuclear Posture Review as 
of the date of the plan; 
‘‘(B) a schedule for implementing the measures 
described under subparagraph (A) during the 10-year 
period following the date of the plan; and 
‘‘(C) the estimated levels of annual funds the Adminis-
trator determines necessary to carry out the measures 
described under subparagraph (A), including a discussion 
of the criteria, evidence, and strategies on which such 
estimated levels of annual funds are based. 
‘‘(5) With respect to the nuclear test readiness of the United 
States— 
‘‘(A) an estimate of the period of time that would be 
necessary for the Administrator to conduct an underground 
test of a nuclear weapon once directed by the President 
to conduct such a test; 
‘‘(B) a description of the level of test readiness that 
the Administrator, in consultation with the Secretary of 
Defense, determines to be appropriate; 
‘‘(C) a list and description of the workforce skills and 
capabilities that are essential to carrying out an under-
ground nuclear test at the Nevada National Security Site; 
‘‘(D) a list and description of the infrastructure and 
physical plants that are essential to carrying out an under-
ground nuclear test at the Nevada National Security Site; 
and 
‘‘(E) an assessment of the readiness status of the skills 
and capabilities described in subparagraph (C) and the 
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126 STAT. 2191 
PUBLIC LAW 112–239—JAN. 2, 2013 
infrastructure and physical plants described in subpara-
graph (D). 
‘‘(6) Identification of any modifications or updates to the 
plan since the previous summary or detailed report was sub-
mitted under subsection (b). 
‘‘(e) NUCLEAR WEAPONS COUNCIL ASSESSMENT.—(1) For each 
detailed report on the plan submitted under subsection (b)(2), the 
Nuclear Weapons Council established by section 179 of title 10, 
United States Code, shall conduct an assessment that includes 
the following: 
‘‘(A) An analysis of the plan, including— 
‘‘(i) whether the plan supports the requirements of 
the national security strategy of the United States or the 
most recent quadrennial defense review, as applicable 
under subsection (d)(4)(A), and the Nuclear Posture Review; 
and 
‘‘(ii) whether the modernization and refurbishment 
measures described under subparagraph (A) of subsection 
(d)(4) and the schedule described under subparagraph (B) 
of such subsection are adequate to support such require-
ments. 
‘‘(B) An analysis of whether the plan adequately addresses 
the requirements for infrastructure recapitalization of the facili-
ties of the nuclear security enterprise. 
‘‘(C) If the Nuclear Weapons Council determines that the 
plan does not adequately support modernization and refurbish-
ment requirements under subparagraph (A) or the nuclear secu-
rity enterprise facilities infrastructure recapitalization require-
ments under subparagraph (B), a risk assessment with respect 
to— 
‘‘(i) supporting the annual certification of the nuclear 
weapons stockpile; and 
‘‘(ii) maintaining the long-term safety, security, and 
reliability of the nuclear weapons stockpile. 
‘‘(2) Not later than 180 days after the date on which the 
Administrator submits the plan under subsection (b)(2), the Nuclear 
Weapons Council shall submit to the congressional defense commit-
tees a report detailing the assessment required under paragraph 
(1). 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘budget’, with respect to a fiscal year, means 
the budget for that fiscal year that is submitted to Congress 
by the President under section 1105(a) of title 31, United States 
Code. 
‘‘(2) The term ‘future-years nuclear security program’ 
means the program required by section 3253 of the National 
Nuclear Security Administration Act (50 U.S.C. 2453). 
‘‘(3) The term ‘nuclear security budget materials’, with 
respect to a fiscal year, means the materials submitted to 
Congress by the Administrator in support of the budget for 
that fiscal year. 
‘‘(4) The term ‘quadrennial defense review’ means the 
review of the defense programs and policies of the United 
States that is carried out every four years under section 118 
of title 10, United States Code. 
Deadline. 
Reports. 
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126 STAT. 2192 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(5) The term ‘weapons activities’ means each activity 
within the budget category of weapons activities in the budget 
of the Administration. 
‘‘(6) The term ‘weapons-related activities’ means each 
activity under the Department of Energy that involves nuclear 
weapons, nuclear weapons technology, or fissile or radioactive 
materials, including activities related to— 
‘‘(A) nuclear nonproliferation; 
‘‘(B) nuclear forensics; 
‘‘(C) nuclear intelligence; 
‘‘(D) nuclear safety; and 
‘‘(E) nuclear incident response.’’. 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is amended by 
striking the item relating to section 4203 and inserting the 
following new item: 
‘‘Sec. 4203. Nuclear weapons stockpile stewardship, management, and infrastruc-
ture plan.’’. 
(b) REPEAL OF REQUIREMENT FOR BIENNIAL REPORT ON STOCK-
PILE STEWARDSHIP CRITERIA.— 
(1) IN
GENERAL.—Section 4202 of the Atomic Energy 
Defense Act (50 U.S.C. 2522) is amended by striking subsections 
(c) and (d). 
(2) TECHNICAL AMENDMENT.—The heading of such section 
is amended to read as follows: ‘‘STOCKPILE STEWARDSHIP CRI-
TERIA’’. 
(3) CLERICAL AMENDMENT.—The table of contents at the 
beginning of the Atomic Energy Defense Act is amended by 
striking the item relating to section 4202 and inserting the 
following new item: 
‘‘Sec. 4202. Stockpile stewardship criteria.’’. 
(c) REPEAL
OF REQUIREMENT
FOR BIENNIAL PLAN
ON MOD-
ERNIZATION AND REFURBISHMENT OF THE NUCLEAR SECURITY COM-
PLEX.— 
(1) IN
GENERAL.—Section 4203A of the Atomic Energy 
Defense Act (50 U.S.C. 2523A) is repealed. 
(2) CLERICAL AMENDMENT.—The table of contents for the 
Atomic Energy Defense Act is amended by striking the item 
relating to section 4203A. 
(d) REPEAL OF REQUIREMENT FOR ANNUAL UPDATE TO STOCK-
PILE MANAGEMENT PROGRAM PLAN.—Section 4204 of the Atomic 
Energy Defense Act (50 U.S.C. 2524) is amended— 
(1) in subsection (b)(2)(B), by striking ‘‘nuclear complex’’ 
and inserting ‘‘nuclear security enterprise’’; 
(2) by striking subsections (c) and (d); and 
(3) by redesignating subsection (e) as subsection (c). 
(e) REPEAL OF REQUIREMENT FOR REPORTS ON NUCLEAR TEST 
READINESS.— 
(1) AEDA.— 
(A) IN GENERAL.—Section 4208 of the Atomic Energy 
Defense Act (50 U.S.C. 2528) is repealed. 
(B) CLERICAL AMENDMENT.—The table of contents for 
the Atomic Energy Defense Act is amended by striking 
the item relating to section 4208. 
50 USC 2523a. 
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126 STAT. 2193 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) NDAA FISCAL YEAR 1996.—Section 3152 of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 
104–106; 110 Stat. 623) is repealed. 
SEC. 3134. REPEAL OF CERTAIN REPORTING REQUIREMENTS. 
(a) GAO ENVIRONMENTAL
MANAGEMENT
REPORTS.—Section 
3134 of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2713) is amended— 
(1) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘The Comptroller’’ 
and all that follows through ‘‘(2),’’ and inserting ‘‘Beginning 
on the date on which the report under subsection (b)(2) 
is submitted, the Comptroller General shall conduct a 
review’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraph (3) as paragraph (2); 
and 
(D) in paragraph (2), as so redesignated, by striking 
‘‘the end of the period described in paragraph (2)’’ and 
inserting ‘‘August 30, 2012’’; and 
(2) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘subsection (c)(3)’’ 
and inserting ‘‘subsection (c)(2)’’; and 
(B) in paragraph (2), by striking ‘‘90 days’’ and all 
that follows through ‘‘(c)(3)’’ and inserting ‘‘April 30, 2016, 
or the date that is 210 days after the date on which 
the Secretary of Energy notifies the Comptroller General 
that all American Recovery and Reinvestment Act funds 
have been expended, whichever is earlier’’. 
(b) WORKFORCE RESTRUCTURING PLAN UPDATES.— 
(1) IN
GENERAL.—Section 4604 of the Atomic Energy 
Defense Act (50 U.S.C. 2704), as amended by section 3131(q), 
is amended— 
(A) in subsection (b)(1), by striking ‘‘and any updates 
of the plan under subsection (e)’’; 
(B) by striking subsection (e); 
(C) in subsection (f)— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraph (3), as added by 
such section 3131(q), as paragraph (2); and 
(D) by redesignating subsections (f) and (g) as sub-
sections (e) and (f), respectively. 
(2) CONFORMING AMENDMENT.—Section 4643(d)(1) of the 
Atomic Energy Defense Act (50 U.S.C. 2733(d)(1)) is amended 
by striking ‘‘section 4604(g)’’ and inserting ‘‘section 4604(f)’’. 
(c) UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION QUAR-
TERLY REPORT.—Section 148 of the Atomic Energy Act of 1954 
(42 U.S.C. 2168) is amended by striking subsection e. 
Subtitle D—Reports 
SEC. 3141. REPORTS ON LIFETIME EXTENSION PROGRAMS. 
(a) PROTOTYPES.—Subtitle A of title XLII of the Atomic Energy 
Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting after 
section 4215, as added by section 3114(a)(1), the following new 
section: 
50 USC 2528. 
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126 STAT. 2194 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘SEC. 4216. REPORTS ON LIFETIME EXTENSION PROGRAMS. 
‘‘(a) REPORTS REQUIRED.—Before proceeding beyond phase 6.2 
activities with respect to any lifetime extension program, the 
Nuclear Weapons Council established by section 179 of title 10, 
United States Code, shall submit to the congressional defense 
committees a report on such phase 6.2 activities, including— 
‘‘(1) an assessment of the lifetime extension options consid-
ered for the phase 6.2 activities, including whether the sub-
systems and components in each option are considered to be 
a refurbishment, reuse, or replacement of such subsystem or 
component; and 
‘‘(2) an assessment of the option selected for the phase 
6.2 activities, including— 
‘‘(A) whether the subsystems and components will be 
refurbished, reused, or replaced; and 
‘‘(B) the advantages and disadvantages of refurbish-
ment, reuse, and replacement for each such subsystem 
and component. 
‘‘(b) PHASE 6.2 ACTIVITIES DEFINED.—In this section, the term 
‘phase 6.2 activities’ means, with respect to a lifetime extension 
program, the phase 6.2 feasibility study and option down-select.’’. 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of such Act is amended by inserting after the item relating 
to section 4215, as added by section 3114(a)(2), the following new 
item: 
‘‘Sec. 4216. Reports on lifetime extension programs.’’. 
SEC. 3142. NOTIFICATION OF NUCLEAR CRITICALITY AND NON- 
NUCLEAR INCIDENTS. 
(a) NOTIFICATION.— 
(1) IN GENERAL.—Subtitle C of title XLVI of the Atomic 
Energy Defense Act (50 U.S.C. 2731 et seq.), as amended by 
section 3161(a), is amended by adding at the end the following 
new section: 
‘‘SEC. 4646. NOTIFICATION OF NUCLEAR CRITICALITY AND NON- 
NUCLEAR INCIDENTS. 
‘‘(a) NOTIFICATION.—The Secretary of Energy and the Adminis-
trator, as the case may be, shall submit to the appropriate congres-
sional committees a notification of a nuclear criticality incident 
resulting from a covered program that results in an injury or 
fatality or results in the shutdown, or partial shutdown, of a covered 
facility by not later than 15 days after the date of such incident. 
‘‘(b) ELEMENTS OF NOTIFICATION.—Each notification submitted 
under subsection (a) shall include the following: 
‘‘(1) A description of the incident, including the cause of 
the incident. 
‘‘(2) In the case of a criticality incident, whether the 
incident caused a facility, or part of a facility, to be shut 
down. 
‘‘(3) The effect, if any, on the mission of the Administration 
or the Office of Environmental Management of the Department 
of Energy. 
‘‘(4) Any corrective action taken in response to the incident. 
‘‘(c) DATABASE.—(1) The Secretary shall maintain a record of 
incidents described in paragraph (2). 
50 USC 2736. 
50 USC 2536. 
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126 STAT. 2195 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) An incident described in this paragraph is any of the 
following incidents resulting from a covered program: 
‘‘(A) A nuclear criticality incident that results in an injury 
or fatality or results in the shutdown, or partial shutdown, 
of a covered facility. 
‘‘(B) A non-nuclear incident that results in serious bodily 
injury or fatality at a covered facility. 
‘‘(d) COOPERATION.—In carrying out this section, the Secretary 
and the Administrator shall ensure that each management and 
operating contractor of a covered facility cooperates in a timely 
manner. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘appropriate congressional committees’ 
means— 
‘‘(A) the congressional defense committees; and 
‘‘(B) the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Energy 
and Natural Resources of the Senate. 
‘‘(2) The term ‘covered facility’ means— 
‘‘(A) a facility of the nuclear security enterprise; and 
‘‘(B) a facility conducting activities for the defense 
environmental cleanup program of the Office of Environ-
mental Management of the Department of Energy. 
‘‘(3) The term ‘covered program’ means— 
‘‘(A) programs of the Administration; and 
‘‘(B) defense environmental cleanup programs of the 
Office of Environmental Management of the Department 
of Energy.’’. 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of such Act is amended by inserting after the item 
relating to section 4645, as added by section 3161(b), the fol-
lowing new item: 
‘‘Sec. 4646. Notification of nuclear criticality and non-nuclear incidents.’’. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Energy and 
the Administrator for Nuclear Security shall each submit to 
the appropriate congressional committees a report detailing 
any incidents described in paragraph (2) that occurred during 
the 10-year period before the date of the report. 
(2) INCIDENTS DESCRIBED.—An incident described in this 
paragraph is any of the following incidents that occurred as 
a result of programs of the National Nuclear Security Adminis-
tration or defense environmental cleanup programs of the Office 
of Environmental Management of the Department of Energy: 
(A) A nuclear criticality incident that resulted in an 
injury or fatality or resulted in the shutdown, or partial 
shutdown, of a facility of the nuclear security enterprise 
or a facility conducting activities for such defense environ-
mental cleanup programs. 
(B) A non-nuclear incident that results in serious bodily 
injury or fatality at such a facility. 
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the congressional defense committees; and 
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126 STAT. 2196 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Energy 
and Natural Resources of the Senate. 
SEC. 3143. QUARTERLY REPORTS TO CONGRESS ON FINANCIAL BAL-
ANCES FOR ATOMIC ENERGY DEFENSE ACTIVITIES. 
(a) REPORTS REQUIRED.—Subtitle C of title XLVII of the Atomic 
Energy Defense Act (50 U.S.C. 2771 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 4732. QUARTERLY REPORTS ON FINANCIAL BALANCES FOR 
ATOMIC ENERGY DEFENSE ACTIVITIES. 
‘‘(a) REPORTS REQUIRED.—Not later than 15 days after the 
end of each fiscal year quarter, the Secretary of Energy shall 
submit to the congressional defense committees a report on the 
financial balances for each atomic energy defense program at the 
budget control levels used in the report accompanying the most 
current Act appropriating funds for energy and water development. 
‘‘(b) ELEMENTS.—Each report under subsection (a) shall set 
forth, for each program covered by such report, the following as 
of the end of the fiscal year quarter covered by such report: 
‘‘(1) The total amount authorized to be appropriated, 
including amounts authorized to be appropriated in the current 
fiscal year and amounts authorized to be appropriated for prior 
fiscal years. 
‘‘(2) The amount unobligated. 
‘‘(3) The amount unobligated but committed. 
‘‘(4) The amount obligated but uncosted. 
‘‘(c) PRESENTATION.—Each report under subsection (a) shall 
present information as follows: 
‘‘(1) For each program, in summary form and by fiscal 
year. 
‘‘(2) With financial balances in connection with funding 
under recurring DOE national security authorizations (as that 
term is defined in section 4701(1)) presented separately from 
balances in connection with funding under any other provisions 
of law.’’. 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of such Act is amended by inserting after the item relating 
to section 4731, as in effect before the amendment made by section 
3131(u)(2) takes effect, the following new item: 
‘‘Sec. 4732. Quarterly reports on financial balances for atomic energy defense ac-
tivities.’’. 
SEC. 3144. NATIONAL ACADEMY OF SCIENCES STUDY ON PEER REVIEW 
AND DESIGN COMPETITION RELATED TO NUCLEAR 
WEAPONS. 
(a) STUDY.—Not later than 60 days after the date of the enact-
ment of this Act, the Administrator for Nuclear Security shall 
enter into an agreement with the National Academy of Sciences 
to conduct a study of peer review and design competition related 
to nuclear weapons. 
(b) ELEMENTS.—The study required by subsection (a) shall 
include an assessment of— 
(1) the quality and effectiveness of peer review of designs, 
development plans, engineering and scientific activities, and 
priorities related to both nuclear and non-nuclear aspects of 
nuclear weapons; 
50 USC 2772. 
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126 STAT. 2197 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) incentives for effective peer review; 
(3) the potential effectiveness, efficiency, and cost of alter-
native methods of conducting peer review and design competi-
tion related to both nuclear and non-nuclear aspects of nuclear 
weapons, as compared to current methods; 
(4) the known instances where current peer review prac-
tices and design competition succeeded or failed to find prob-
lems or potential problems; and 
(5) such other matters related to peer review and design 
competition related to nuclear weapons as the Administrator 
considers appropriate. 
(c) COOPERATION
AND ACCESS
TO INFORMATION
AND PER-
SONNEL.—The Administrator shall ensure that the National 
Academy of Sciences receives full and timely cooperation, including 
full access to information and personnel, from the National Nuclear 
Security Administration and the management and operating con-
tractors of the Administration for the purposes of conducting the 
study under subsection (a). 
(d) REPORT.— 
(1) IN GENERAL.—The National Academy of Sciences shall 
submit to the Administrator a report containing the results 
of the study conducted under subsection (a) and any rec-
ommendations resulting from the study. 
(2) SUBMITTAL TO CONGRESS.—Not later than September 
30, 2014, the Administrator shall submit to the Committees 
on Armed Services of the House of Representatives and the 
Senate the report submitted under paragraph (1) and any com-
ments or recommendations of the Administrator with respect 
to the report. 
(3) FORM.—The report submitted under paragraph (1) shall 
be in unclassified form, but may include a classified annex. 
SEC. 3145. REPORT ON DEFENSE NUCLEAR NONPROLIFERATION PRO-
GRAMS. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than March 1 of each year 
from 2013 through 2015, the Administrator for Nuclear Security 
shall submit to the appropriate congressional committees a 
report on the budget, objectives, and metrics of the defense 
nuclear nonproliferation programs of the National Nuclear 
Security Administration. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) An identification and explanation of uncommitted 
balances that are more than the acceptable carryover 
thresholds, as determined by the Secretary of Energy, on 
a program-by-program basis. 
(B) An identification of foreign countries that are 
sharing the cost of implementing defense nuclear non-
proliferation programs, including an explanation of such 
cost sharing. 
(C) A description of objectives and measurements for 
each defense nuclear nonproliferation program. 
(D) A description of the proliferation of nuclear 
weapons threat and how each defense nuclear nonprolifera-
tion program activity counters the threat. 
Recommenda- 
tions. 
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126 STAT. 2198 
PUBLIC LAW 112–239—JAN. 2, 2013 
(E) A description and assessment of nonproliferation 
activities coordinated with the Department of Defense to 
maximize efficiency and avoid redundancies. 
(F) A description of how the defense nuclear non-
proliferation programs are prioritized to meet the most 
urgent nonproliferation requirements. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate. 
(c) FORM.—The report required by subsection (a)(1) shall be 
submitted in unclassified form, but may include a classified annex. 
SEC. 3146. STUDY ON REUSE OF PLUTONIUM PITS. 
(a) STUDY.—Not later than 270 days after the date of the 
enactment of this Act, the Administrator for Nuclear Security, 
in coordination with the Nuclear Weapons Council established by 
section 179 of title 10, United States Code, shall submit to the 
congressional defense committees a study of plutonium pits, 
including— 
(1) the availability of plutonium pits— 
(A) as of the date of the report; and 
(B) after such date as a result of the dismantlement 
of nuclear weapons; and 
(2) an assessment of the potential for reusing plutonium 
pits in future life extension programs. 
(b) MATTERS INCLUDED.—The study submitted under subsection 
(a) shall include the following: 
(1) The feasibility and practicability of potential full or 
partial reuse options with respect to plutonium pits. 
(2) The benefits and risks of reusing plutonium pits. 
(3) A list of technical challenges that must be resolved 
to certify aged plutonium under dynamic loading conditions 
and the full stockpile-to-target sequence of weapons, including 
a program plan and timeline for resolving such technical chal-
lenges and an assessment of the importance of resolving out-
standing materials issues on certifying aged plutonium pits. 
(4) A list of the facilities that will perform the testing 
and experiments required to resolve the technical challenges 
identified under paragraph (3). 
(5) The potential costs and cost savings of such reuse. 
(6) The effects of such reuse on the requirements for pluto-
nium pit manufacturing. 
(7) An assessment of how such reuse affects plans to build 
a responsive nuclear weapons infrastructure. 
SEC. 3147. ASSESSMENT OF NUCLEAR WEAPON PIT PRODUCTION 
REQUIREMENT. 
(a) ASSESSMENT.—The Secretary of Defense, in coordination 
with the Secretary of Energy and the Commander of the United 
States Strategic Command, shall assess the annual plutonium pit 
production requirement needed to sustain a safe, secure, and reli-
able nuclear weapon arsenal. 
(b) REPORTS.— 
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126 STAT. 2199 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense, in 
coordination with the Secretary of Energy and the Commander 
of the United States Strategic Command, shall submit to the 
congressional defense committees a report regarding the assess-
ment conducted under subsection (a), including— 
(A) an explanation of the rationale and assumptions 
that led to the current 50 to 80 plutonium pit production 
requirement, including the factors considered in deter-
mining such requirement; 
(B) an analysis of whether there are any changes to 
the current 50 to 80 plutonium pit production requirement, 
including the reasons for any such changes; 
(C) the cost and implications for national security of 
various smaller and larger pit production capacities, 
including with respect to— 
(i) the ability to respond to geopolitical and tech-
nical risks; 
(ii) the sustainment of the nuclear weapons stock-
pile, including options available for life extension pro-
grams; and 
(iii) impacts on the requirements for the inactive 
and reserve nuclear weapons stockpile. 
(2) UPDATE.—If the report under paragraph (1) does not 
incorporate the results of the Nuclear Posture Review 
Implementation Study, the Secretary of Defense, in coordina-
tion with the Secretary of Energy and the Commander of the 
United States Strategic Command, shall submit to the congres-
sional defense committees an update to the report under para-
graph (1) that incorporates the results of such study by not 
later than 90 days after the date on which such committees 
receive such study. 
(c) FORM.—The reports under paragraphs (1) and (2) of sub-
section (b) shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 3148. STUDY ON A MULTIAGENCY GOVERNANCE MODEL FOR 
NATIONAL SECURITY LABORATORIES. 
(a) INDEPENDENT ASSESSMENT.— 
(1) IN GENERAL.—The Administrator for Nuclear Security 
shall commission an independent assessment regarding the 
transition of the national security laboratories to multiagency 
federally funded research and development centers with direct 
sustainment and sponsorship by multiple national security 
agencies. The organization selected to conduct the independent 
assessment shall have recognized credentials and expertise in 
national security science and engineering laboratories. 
(2) BACKGROUND MATERIAL.—The assessment shall leverage 
previous studies, including— 
(A) the report published in 2009 by the Stimson Center 
titled ‘‘Leveraging Science for Security: A Strategy for the 
Nuclear Weapons Laboratories in the 21st Century’’; and 
(B) the Phase 1 report published in 2012 by the 
National Academy of Sciences titled ‘‘Managing for High- 
Quality Science and Engineering at the NNSA National 
Security laboratories’’. 
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126 STAT. 2200 
PUBLIC LAW 112–239—JAN. 2, 2013 
(3) ELEMENTS.—The assessment conducted pursuant to 
paragraph (1) shall include the following elements: 
(A) An assessment of a new governance structure 
that— 
(i) gives multiple national security agencies, 
including the Department of Defense, the Department 
of Homeland Security, the Department of Energy, and 
the intelligence community, direct sponsorship of the 
national security laboratories as federally funded 
research and development centers so that such agen-
cies have more direct and rapid access to the assets 
available at the laboratories and the responsibility to 
provide sustainable support for the science and tech-
nology needs of the agencies at the laboratories; 
(ii) reduces costs to the Federal Government for 
the use of the resources of the laboratories, while 
enhancing the stewardship of these national resources 
and maximizing their service to the Nation; 
(iii) enhances the overall quality of the scientific 
research and engineering capability of the laboratories, 
including their ability to recruit and retain top sci-
entists and engineers; and 
(iv) maintains as paramount the capabilities 
required to support the nuclear stockpile stewardship 
and related nuclear missions. 
(B) A recommendation as to which, if any, other labora-
tories associated with any national security agency should 
be included in the new governance structure. 
(C) Options for implementing the new governance 
structure that minimize disruption of performance and 
costs to the government while rapidly achieving anticipated 
gains. 
(D) Legislative changes and executive actions that 
would need to be made in order to implement the new 
governance structure. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than January 1, 2014, the 
organization selected to conduct the independent assessment 
under subsection (a)(1) shall submit to the Administrator and 
the congressional defense committees a report that contains 
the findings of the assessment. 
(2) FORM.—The report under paragraph (1) shall be sub-
mitted in unclassified form, but may include a classified annex. 
(c) DEFINITION.—In this section, the term ‘‘national security 
laboratory’’ has the meaning given that term in section 3281 of 
the National Nuclear Security Administration Act (50 U.S.C. 2471). 
SEC. 3149. REPORT ON EFFICIENCIES IN FACILITIES AND FUNCTIONS 
OF THE NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Nuclear Weapons Council estab-
lished by section 179 of title 10, United States Code, shall submit 
to the congressional defense committees a report setting forth the 
assessment of the Council as to the feasibility of finding further 
efficiencies in the facilities and functions of the National Nuclear 
Security Administration in order to reduce costs. 
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126 STAT. 2201 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) PROCESS.—If the assessment of the Council in the report 
under subsection (a) is that excess facilities or duplicative functions 
exist and seeking efficiencies in the facilities and functions of the 
Administration is feasible and would reduce cost, the report shall 
include recommendations for a process to determine the manner 
in which such efficiencies should be accomplished, including an 
estimate of the time required to complete the process. 
(c) LIMITATION ON AVAILABILITY OF CERTAIN FUNDS PENDING 
REPORT.—Amounts authorized to be appropriated by this title and 
available for the facility projects in the Department of Energy 
Readiness and Technical Base designated 04–D–125 and 06–D– 
141 may not be obligated or expended for CD–3, Start of Construc-
tion (as found in Department of Energy Order 413.3 B Program 
and Project Management for the Acquisition of Capital Assets), 
until the submittal under subsection (a) of the report required 
by that subsection. 
SEC. 3150. STUDY ON REGIONAL RADIOLOGICAL SECURITY ZONES. 
(a) STUDY.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate congressional 
committees a study in accordance with paragraph (3). 
(2) CONSULTATION.—The Comptroller General may, in con-
ducting the study required under paragraph (1), consult with 
the Secretary of Energy, the Secretary of Homeland Security, 
the Secretary of State, the Nuclear Regulatory Commission, 
and such other departments and agencies of the United States 
Government as the Comptroller General considers appropriate. 
(3) MATTERS INCLUDED.—The study under paragraph (1) 
shall include the following: 
(A) An assessment of the radioactive isotopes and asso-
ciated activity levels that present the greatest risk to 
national and international security. 
(B) A review of current efforts by the Federal Govern-
ment to secure radiological materials abroad, including 
coordination with foreign governments, the European 
Union, the International Atomic Energy Agency, other 
international programs, and nongovernmental organiza-
tions that identify, register, secure, remove, and provide 
for the disposition of high-risk radiological materials world-
wide. 
(C) A review of current efforts of the Federal Govern-
ment to secure radiological materials domestically at 
civilian sites, including hospitals, industrial sites, and other 
locations. 
(D) A definition of regional radiological security zones, 
including the subset of the materials of concern to be 
the immediate focus and the security best practices 
required to achieve that goal. 
(E) An assessment of the feasibility, cost, desirability, 
and added benefit of establishing regional radiological secu-
rity zones in high priority areas worldwide in order to 
facilitate regional collaboration in— 
(i) identifying and inventorying high-activity radio-
logical sources at high-risk sites; 
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126 STAT. 2202 
PUBLIC LAW 112–239—JAN. 2, 2013 
(ii) reviewing national level regulations, inspec-
tions, transportation security, and security upgrade 
options; and 
(iii) assessing opportunities for the harmonization 
of regulations and security practices among the nations 
of the region. 
(F) An assessment of the feasibility, cost, desirability, 
and added benefit of establishing remote regional moni-
toring centers that would receive real-time data from radio-
logical security sites, would be staffed by trained personnel 
from the countries in the region, and would alert local 
law enforcement in the event of a potential or actual ter-
rorist incident or other emergency. 
(G) An assessment of the feasibility and cost of securing 
radiological materials in the United States and through 
regional monitoring centers, taking into account the threat 
and consequences of a terrorist attack using fissile mate-
rials as compared to the threat and consequences of a 
terrorist attack using radiological materials. 
(H) A list and assessment of the best practices used 
in the United States that are most critical in enhancing 
domestic radiological material security and could be used 
to enhance radiological security worldwide. 
(I) An assessment of the United States entity or entities 
that would be best suited to lead efforts to establish a 
radiological security zone program. 
(J) An estimate of the costs associated with the 
implementation of a radiological security zone program. 
(K) An assessment of the known locations outside the 
United States housing high-risk radiological materials in 
excess of 1,000 curies. 
(L) An assessment of how efforts to secure radiological 
materials might impact the available resources, capabili-
ties, and capacity of the United States that would be used 
to secure fissile materials. 
(4) FORM.—The study required under paragraph (1) shall 
be submitted in unclassified form, but may include a classified 
annex. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services, the Committee on 
Homeland Security and Governmental Affairs, and the Com-
mittee on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services, the Committee on 
Homeland Security, and the Committee on Foreign Affairs of 
the House of Representatives. 
SEC. 3151. REPORT ON ABANDONED URANIUM MINES. 
(a) REPORT.— 
(1) IN GENERAL.—The Secretary of Energy, in consultation 
with the Secretary of the Interior and the Administrator of 
the Environmental Protection Agency, shall undertake a review 
of, and prepare a report on, abandoned uranium mines in 
the United States that provided uranium ore for atomic energy 
defense activities of the United States. 
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126 STAT. 2203 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) MATTERS TO BE ADDRESSED.—The report shall describe 
and analyze— 
(A) the location of the abandoned uranium mines 
described in paragraph (1) on Federal, State, tribal, and 
private land, taking into account any existing inventories 
undertaken by Federal agencies, States, and Indian tribes, 
and any additional information available to the Secretary; 
(B) the extent to which the abandoned uranium 
mines— 
(i) pose, or may pose, a significant radiation hazard 
or other significant threat to public health and safety; 
and 
(ii) have caused, or may cause, significant water 
quality degradation or other environmental degrada-
tion; 
(C) a ranking of priority by category for the remediation 
and reclamation of the abandoned uranium mines; 
(D) the potential cost and feasibility of remediating 
and reclaiming, in accordance with applicable Federal law, 
each category of abandoned uranium mines; and 
(E) the status of any efforts to remediate and reclaim 
abandoned uranium mines. 
(b) CONSULTATION.—In preparing the report under subsection 
(a), the Secretary shall consult with any other relevant Federal 
agencies, affected States and Indian tribes, and interested members 
of the public. 
(c) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 18 months after the date 
of the enactment of this Act, the Secretary shall submit to 
the appropriate congressional committees the report under sub-
section (a)(1). 
(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committees on Armed Services of the Senate 
and the House of Representatives; and 
(B) the Committee on Energy and Natural Resources 
of the Senate, the Committee on Energy and Commerce 
of the House of Representatives, and the Committee on 
Natural Resources of the House of Representatives. 
(d) CONSTRUCTION.—Nothing in this section may be construed 
to affect any responsibility or liability of the Federal Government, 
a State, an Indian tribe, or a person with respect to the remediation 
of an abandoned uranium mine. 
Subtitle E—Other Matters 
SEC. 3161. USE OF PROBABILISTIC RISK ASSESSMENT TO ENSURE 
NUCLEAR SAFETY. 
(a) IN GENERAL.—Subtitle C of title XLVI of the Atomic Energy 
Defense Act (50 U.S.C. 2731 et seq.) is amended by adding at 
the end the following new section: 
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126 STAT. 2204 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘SEC. 4645. USE OF PROBABILISTIC RISK ASSESSMENT TO ENSURE 
NUCLEAR SAFETY OF FACILITIES OF THE ADMINISTRA-
TION AND THE OFFICE OF ENVIRONMENTAL MANAGE-
MENT. 
‘‘(a) NUCLEAR SAFETY AT NNSA AND DOE FACILITIES.—The 
Administrator and the Secretary of Energy shall ensure that the 
methods for assessing, certifying, and overseeing nuclear safety 
at the facilities specified in subsection (c) use national and inter-
national standards and nuclear industry best practices, including 
probabilistic or quantitative risk assessment if sufficient data exist. 
‘‘(b) ADEQUATE PROTECTION.—The use of probabilistic or quan-
titative risk assessment under subsection (a) shall be to support, 
rather than replace, the requirement under section 182 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2232) that the utilization 
or production of special nuclear material will be in accordance 
with the common defense and security and will provide adequate 
protection to the health and safety of the public. 
‘‘(c) FACILITIES SPECIFIED.—Subsection (a) shall apply— 
‘‘(1) to the Administrator with respect to the national secu-
rity laboratories and the nuclear weapons production facilities; 
and 
‘‘(2) to the Secretary of Energy with respect to defense 
nuclear facilities of the Office of Environmental Management 
of the Department of Energy.’’. 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of such Act is amended by inserting after the item relating 
to section 4644 the following new item: 
‘‘Sec. 4645. Use of probabilistic risk assessment to ensure nuclear safety of facilities 
of the Administration and the Office of Environmental Management.’’. 
SEC. 3162. SUBMITTAL TO CONGRESS OF SELECTED ACQUISITION 
REPORTS AND INDEPENDENT COST ESTIMATES ON LIFE 
EXTENSION PROGRAMS AND NEW NUCLEAR FACILITIES. 
(a) SUBMITTAL REQUIRED.—Subtitle A of title XLII of the Atomic 
Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting 
after section 4216, as added by section 3141(a), the following new 
section: 
‘‘SEC. 4217. SELECTED ACQUISITION REPORTS AND INDEPENDENT 
COST ESTIMATES ON LIFE EXTENSION PROGRAMS AND 
NEW NUCLEAR FACILITIES. 
‘‘(a) SELECTED ACQUISITION REPORTS.—(1) At the end of each 
fiscal-year quarter, the Secretary of Energy, acting through the 
Administrator, shall submit to the congressional defense committees 
a report on each nuclear weapon system undergoing life extension. 
The reports shall be known as Selected Acquisition Reports for 
the weapon system concerned. 
‘‘(2) The information contained in the Selected Acquisition 
Report for a fiscal-year quarter for a nuclear weapon system shall 
be the information contained in the Selected Acquisition Report 
for such fiscal-year quarter for a major defense acquisition program 
under section 2432 of title 10, United States Code, expressed in 
terms of the nuclear weapon system. 
‘‘(b) INDEPENDENT COST ESTIMATES.—(1) The Secretary, acting 
through the Administrator, shall submit to the congressional 
defense committees and the Nuclear Weapons Council established 
50 USC 2537. 
Applicability. 
50 USC 2735. 
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126 STAT. 2205 
PUBLIC LAW 112–239—JAN. 2, 2013 
under section 179 of title 10, United States Code, an independent 
cost estimate of the following: 
‘‘(A) Each nuclear weapon system undergoing life extension 
at the completion of phase 6.2A, relating to design definition 
and cost study. 
‘‘(B) Each nuclear weapon system undergoing life extension 
before initiation of phase 6.5, relating to first production. 
‘‘(C) Each new nuclear facility within the nuclear security 
enterprise that is estimated to cost more than $500,000,000 
before such facility achieves critical decision 2 in the acquisition 
process. 
‘‘(2) A cost estimate for purposes of this subsection may not 
be prepared by the Department of Energy or the Administration. 
‘‘(c) AUTHORITY FOR FURTHER ASSESSMENTS.—Upon the request 
of the Administrator, the Secretary of Defense, acting through the 
Director of Cost Assessment and Program Evaluation and in con-
sultation with the Administrator, may conduct an independent cost 
assessment of any initiative or program of the Administration that 
is estimated to cost more than $500,000,000.’’. 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of such Act is amended by inserting after the item relating 
to 4216, as added by section 3141(b), the following new item: 
‘‘Sec. 4217. Selected Acquisition Reports and independent cost estimates on life ex-
tension programs and new nuclear facilities.’’. 
SEC. 3163. CLASSIFICATION OF CERTAIN RESTRICTED DATA. 
Section 142 of the Atomic Energy Act of 1954 (42 U.S.C. 2162) 
is amended— 
(1) in subsection d.— 
(A) by inserting ‘‘(1)’’ before ‘‘The Commission’’; and 
(B) by adding at the end the following: 
‘‘(2) The Commission may restore to the Restricted Data cat-
egory any information related to the design of nuclear weapons 
removed under paragraph (1) if the Commission and the Depart-
ment of Defense jointly determine that— 
‘‘(A) the programmatic requirements that caused the 
information to be removed from the Restricted Data category 
are no longer applicable or have diminished; 
‘‘(B) the information would be more appropriately protected 
as Restricted Data; and 
‘‘(C) restoring the information to the Restricted Data cat-
egory is in the interest of national security. 
‘‘(3) In carrying out paragraph (2), information related to the 
design of nuclear weapons shall be restored to the Restricted Data 
category in accordance with regulations prescribed for purposes 
of such paragraph.’’; and 
(2) in subsection e.— 
(A) by inserting ‘‘(1)’’ before ‘‘The Commission’’; 
(B) by striking ‘‘Central’’ and inserting ‘‘National’’; and 
(C) by adding at the end the following: 
‘‘(2) The Commission may restore to the Restricted Data cat-
egory any information concerning atomic energy programs of other 
nations removed under paragraph (1) if the Commission and the 
Director of National Intelligence jointly determine that— 
‘‘(A) the programmatic requirements that caused the 
information to be removed from the Restricted Data category 
are no longer applicable or have diminished; 
Determination. 
Determination. 
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126 STAT. 2206 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(B) the information would be more appropriately protected 
as Restricted Data; and 
‘‘(C) restoring the information to the Restricted Data cat-
egory is in the interest of national security. 
‘‘(3) In carrying out paragraph (2), information concerning 
atomic energy programs of other nations shall be restored to the 
Restricted Data category in accordance with regulations prescribed 
for purposes of such paragraph.’’. 
SEC. 3164. ADVICE TO PRESIDENT AND CONGRESS REGARDING 
SAFETY, SECURITY, AND RELIABILITY OF UNITED STATES 
NUCLEAR WEAPONS STOCKPILE AND NUCLEAR FORCES. 
(a) IN
GENERAL.—Section 1305 of the National Defense 
Authorization Act for Fiscal Year 1998 (42 U.S.C. 7274p) is— 
(1) transferred to the Atomic Energy Defense Act (50 U.S.C. 
2501 et seq.); 
(2) inserted after section 4217 of such Act, as added by 
section 3162(a); 
(3) redesignated as section 4218; and 
(4) amended by amending subsection (f) to read as follows: 
‘‘(f) EXPRESSION OF INDIVIDUAL VIEWS.— 
‘‘(1) IN GENERAL.—No individual, including representatives 
of the President, may take any action against, or otherwise 
constrain, a director of a national security laboratory or a 
nuclear weapons production facility, a member of the Nuclear 
Weapons Council established under section 179 of title 10, 
United States Code, or the Commander of the United States 
Strategic Command from presenting the professional views of 
the director, member, or Commander, as the case may be, 
to the President, the National Security Council, or Congress 
regarding— 
‘‘(A) the safety, security, reliability, or credibility of 
the nuclear weapons stockpile and nuclear forces; or 
‘‘(B) the status of, and plans for, the capabilities and 
infrastructure that support and sustain the nuclear 
weapons stockpile and nuclear forces. 
‘‘(2) CONSTRUCTION.—Nothing in paragraph (1)(B) may be 
construed to affect the interagency budget process.’’. 
(b) CONFORMING AMENDMENTS.—Section 4218 of the Atomic 
Energy Defense Act, as added by subsection (a), is amended— 
(1) by striking ‘‘nuclear weapons laboratories’’ each place 
it appears and inserting ‘‘national security laboratories’’; 
(2) by striking ‘‘nuclear weapons laboratory’’ each place 
it appears and inserting ‘‘national security laboratory’’; 
(3) by striking ‘‘nuclear weapons production plants’’ each 
place it appears and inserting ‘‘nuclear weapons production 
facilities’’; 
(4) by striking ‘‘nuclear weapons production plant’’ each 
place it appears and inserting ‘‘nuclear weapons production 
facility’’; and 
(5) by amending subsection (g) to read as follows: 
‘‘(g) REPRESENTATIVE OF THE PRESIDENT DEFINED.—In this sec-
tion, the term ‘representative of the President’ means the following: 
‘‘(1) Any official of the Department of Defense or the 
Department of Energy who is appointed by the President and 
confirmed by the Senate. 
50 USC 2538. 
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126 STAT. 2207 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(2) Any member or official of the National Security 
Council. 
‘‘(3) Any member or official of the Joint Chiefs of Staff. 
‘‘(4) Any official of the Office of Management and Budget.’’. 
(c) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of the Atomic Energy Defense Act is amended by inserting 
after the item relating to section 4217, as added by section 3162(b), 
the following new item: 
‘‘Sec. 4218. Advice to President and Congress regarding safety, security, and reli-
ability of United States nuclear weapons stockpile.’’. 
SEC. 3165. PILOT PROGRAM ON TECHNOLOGY COMMERCIALIZATION. 
(a) PILOT PROGRAM.—The Secretary of Energy, in consultation 
with the Technology Transfer Coordinator appointed under section 
1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), 
may carry out a pilot program at a national security laboratory 
for the purpose of accelerating technology transfer from such labora-
tories to the marketplace with respect to technologies that directly 
advance the mission of the National Nuclear Security Administra-
tion. 
(b) TERMINATION.—The authority to carry out the pilot program 
under subsection (a) shall terminate on the date that is two years 
after the date of the enactment of this Act. 
(c) REPORTS.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit to 
the appropriate congressional committees a report on the pilot 
program under subsection (a). 
(2) ELEMENTS.—The report under paragraph (1) shall 
include the following: 
(A) An identification of opportunities for accelerating 
technology transfer from national security laboratories to 
the marketplace. 
(B) If the Secretary chooses to carry out the pilot 
program under subsection (a), a description of the plan 
to carry out such program. 
(C) If the Secretary chooses not to carry out the pilot 
program under subsection (a), a description of why the 
program will not be carried out. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ means 
the following: 
(A) The Committees on Armed Services of the Senate 
and House of Representatives. 
(B) The Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Science, Space, and Technology of the House of Representa-
tives. 
(C) The Committee on Energy and Natural Resources 
of the Senate and the Committee on Energy and Commerce 
of the House of Representatives. 
(2) The term ‘‘national security laboratory’’ has the meaning 
given that term in section 3281 of the National Nuclear Security 
Administration Act (50 U.S.C. 2471). 
Consultation. 
50 USC 2794. 
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126 STAT. 2208 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 3166. CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE 
OF THE NUCLEAR SECURITY ENTERPRISE. 
(a) ESTABLISHMENT.—There is established a congressional 
advisory panel to be known as the ‘‘Congressional Advisory Panel 
on the Governance of the Nuclear Security Enterprise’’ (in this 
section referred to as the ‘‘advisory panel’’). The purpose of the 
advisory panel is to examine options and make recommendations 
for revising the governance structure, mission, and management 
of the nuclear security enterprise. 
(b) COMPOSITION AND MEETINGS.— 
(1) MEMBERSHIP.—The advisory panel shall be composed 
of 12 members appointed as follows: 
(A) Two by the chairman of the Committee on Armed 
Services of the House of Representatives. 
(B) Two by the ranking minority member of the Com-
mittee on Armed Services of the House of Representatives. 
(C) Two by the chairman of the Committee on Armed 
Services of the Senate. 
(D) Two by the ranking minority member of the Com-
mittee on Armed Services of the Senate. 
(E) One by the Speaker of the House of Representa-
tives. 
(F) One by the minority leader of the House of Rep-
resentatives. 
(G) One by the majority leader of the Senate. 
(H) One by the minority leader of the Senate. 
(2) CO-CHAIRMEN.—Two members of the advisory panel 
shall serve as co-chairmen of the advisory panel. The co-chair-
men shall be designated as follows: 
(A) The chairman of the Committee on Armed Services 
of the House of Representatives and the ranking minority 
member of the Committee on Armed Services of the Senate, 
in consultation with the Speaker of the House of Represent-
atives and the minority leader of the Senate, shall jointly 
designate one member of the advisory panel to serve as 
co-chairman of the advisory panel. 
(B) The chairman of the Committee on Armed Services 
of the Senate and the ranking minority member of the 
Committee on Armed Services of the House of Representa-
tives, in consultation with the majority leader of the Senate 
and the minority leader of the House of Representatives, 
shall jointly designate one member of the advisory panel 
to serve as co-chairman of the advisory panel. 
(3) SECURITY
CLEARANCE
REQUIRED.—Each individual 
appointed as a member of the advisory panel shall possess 
(or have recently possessed before the date of such appointment) 
the appropriate security clearance necessary to carry out the 
duties of the advisory panel. 
(4) PERIOD OF APPOINTMENT; VACANCIES.—Each member 
of the advisory panel shall be appointed for the life of the 
advisory panel. Any vacancy in the advisory panel shall be 
filled in the same manner as the original appointment. 
(5) MEETINGS.—The advisory panel shall commence its first 
meeting by not later than March 1, 2013, so long as at least 
two members have been appointed under paragraph (1) by 
such date. 
(c) COOPERATION FROM GOVERNMENT.— 
Deadline. 
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126 STAT. 2209 
PUBLIC LAW 112–239—JAN. 2, 2013 
(1) COOPERATION.—The advisory panel shall receive the 
full and timely cooperation of the Secretary of Defense, the 
Secretary of Energy, and any other Federal official in providing 
the advisory panel with analyses, briefings, and other informa-
tion, including access to classified information, necessary for 
the advisory panel to carry out its duties under this section. 
With respect to access to classified information, the Director 
of National Intelligence may determine which information is 
necessary under this paragraph. 
(2) LIAISON.—The following heads of Federal agencies shall 
each designate at least one officer or employee of the respective 
agency to serve as a liaison officer between the agency and 
the advisory panel: 
(A) The Secretary of State. 
(B) The Secretary of Defense. 
(C) The Secretary of Energy. 
(D) The Secretary of Homeland Security. 
(E) The Director of National Intelligence. 
(d) REPORTS REQUIRED.— 
(1) INTERIM REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the advisory panel shall 
submit to the President, the Secretary of Defense, the Secretary 
of Energy, the Committees on Armed Services and Energy 
and Natural Resources of the Senate, and the Committees 
on Armed Services and Energy and Commerce of the House 
of Representatives an interim report on the initial findings, 
conclusions, and recommendations of the advisory panel. To 
the extent practicable, the interim report shall address the 
matters described in paragraph (2) and focus on the immediate, 
near-term actions the advisory panel recommends be taken. 
(2) REPORT.—Not later than February 1, 2014, the advisory 
panel shall submit to the President, the Secretary of Defense, 
the Secretary of Energy, the Committees on Armed Services 
and Energy and Natural Resources of the Senate, and the 
Committees on Armed Services and Energy and Commerce 
of the House of Representatives a report on the findings, conclu-
sions, and recommendations of the advisory panel. The report 
shall include the following: 
(A) An assessment of each option considered by the 
advisory panel for revising the governance structure, mis-
sion, and management of the nuclear security enterprise, 
including the advantages, disadvantages, costs, risks, and 
benefits of each such option. 
(B) The recommendation of the advisory panel with 
respect to the most appropriate governance structure, mis-
sion, and management of the nuclear security enterprise. 
(C) Recommendations of the advisory panel with 
respect to— 
(i) the appropriate missions of the nuclear security 
enterprise, including how complementary missions 
should be managed while ensuring focus on core mis-
sions; 
(ii) the organization and structure of the nuclear 
security enterprise and the Federal agency responsible 
for such enterprise; 
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126 STAT. 2210 
PUBLIC LAW 112–239—JAN. 2, 2013 
(iii) the roles, responsibilities, and authorities of 
Federal agencies, Federal officials, the national secu-
rity laboratories and nuclear weapons production facili-
ties, and the directors of such laboratories and facili-
ties, including mechanisms for holding such officials 
and directors accountable; 
(iv) the allocation of roles and responsibilities with 
respect to the mission, operations, safety, and security 
of the nuclear security enterprise; 
(v) the relationships among the Federal agency 
responsible for the nuclear security enterprise and the 
National Security Council, the Nuclear Weapons 
Council, the Department of Energy, the Department 
of Defense, and other Federal agencies; 
(vi) the interagency planning, programming, and 
budgeting process for the nuclear security enterprise; 
(vii) the appropriate means for managing and over-
seeing the nuclear security enterprise, including the 
role of federally funded research and development cen-
ters, the role and impact of various contracting and 
fee structures, the appropriate role of contract competi-
tion and nonprofit and for-profit contractors, and the 
use of performance-based and transactional oversight; 
(viii) the appropriate means for ensuring the 
health of the intellectual capital of the nuclear security 
enterprise, including recruitment and retention of per-
sonnel and enhancement of a robust professional cul-
ture of excellence; 
(ix) the appropriate means for ensuring the health 
and sustainment of the critical capabilities and phys-
ical infrastructure of the nuclear security enterprise; 
(x) infrastructure, rules, regulations, best prac-
tices, standards, and appropriate oversight mecha-
nisms to ensure robust protection of the health and 
safety of workers and the public while also providing 
such workers the ability to effectively and efficiently 
carry out their mission; 
(xi) the appropriate congressional committee struc-
ture for oversight of the nuclear security enterprise; 
(xii) the length of the terms and suggested quali-
fications for senior officials of the Federal agency 
responsible for the nuclear security enterprise; 
(xiii) 
contracting, 
budget 
planning, 
program 
management, and regulatory changes to reduce the 
cost of programs and administration without eroding 
mission effectiveness or requirements and ensuring 
robust protection of the health and safety of workers 
and the public; and 
(xiv) statutory, regulatory, and policy changes nec-
essary for implementing the recommendations of the 
advisory panel. 
(D) An assessment of if and how the recommendations 
of the advisory panel will lead to greater mission focus 
and more effective and efficient program management for 
the nuclear security enterprise. 
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126 STAT. 2211 
PUBLIC LAW 112–239—JAN. 2, 2013 
(E) Any other information or recommendations relating 
to the future of the nuclear security enterprise that the 
advisory panel considers appropriate. 
(e) FUNDING.—Of the amounts authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2013 for 
the Department of Defense, not more than $3,000,000 shall be 
made available to the advisory panel to carry out this section. 
(f) TERMINATION.—The advisory panel shall terminate not later 
than June 1, 2014. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘national security laboratory’’ has the meaning 
given that term in section 4002(6) of the Atomic Energy Defense 
Act, as amended by section 3131(a). 
(2) The term ‘‘nuclear security enterprise’’ has the meaning 
given that term in section 4002(5) of the Atomic Energy Defense 
Act, as amended by section 3131(a). 
(3) The term ‘‘nuclear weapons production facility’’ has 
the meaning given that term in section 4002(7) of the Atomic 
Energy Defense Act, as amended by section 3131(a). 
Subtitle F—American Medical Isotopes 
Production 
SEC. 3171. SHORT TITLE. 
This subtitle may be cited as the ‘‘American Medical Isotopes 
Production Act of 2012’’. 
SEC. 3172. DEFINITIONS. 
In this subtitle: 
(1) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Energy. 
(2) HIGHLY ENRICHED URANIUM.—The term ‘‘highly enriched 
uranium’’ means uranium enriched to 20 percent or greater 
in the isotope U–235. 
(3) LOW ENRICHED URANIUM.—The term ‘‘low enriched ura-
nium’’ means uranium enriched to less than 20 percent in 
the isotope U–235. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Energy. 
SEC. 3173. IMPROVING THE RELIABILITY OF DOMESTIC MEDICAL ISO-
TOPE SUPPLY. 
(a) MEDICAL ISOTOPE DEVELOPMENT PROJECTS.— 
(1) IN GENERAL.—The Secretary shall carry out a tech-
nology-neutral program— 
(A) to evaluate and support projects for the production 
in the United States, without the use of highly enriched 
uranium, of significant quantities of molybdenum-99 for 
medical uses; 
(B) to be carried out in cooperation with non-Federal 
entities; and 
(C) the costs of which shall be shared in accordance 
with section 988 of the Energy Policy Act of 2005 (42 
U.S.C. 16352). 
(2) CRITERIA.—Projects shall be evaluated against the fol-
lowing primary criteria: 
42 USC 2065. 
42 USC 2065 
note. 
42 USC 2011 
note. 
American 
Medical Isotopes 
Production Act 
of 2012. 
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126 STAT. 2212 
PUBLIC LAW 112–239—JAN. 2, 2013 
(A) The length of time necessary for the proposed 
project to begin production of molybdenum-99 for medical 
uses within the United States. 
(B) The capability of the proposed project to produce 
a significant percentage of United States demand for molyb-
denum-99 for medical uses. 
(C) The capability of the proposed project to produce 
molybdenum-99 in a cost-effective manner. 
(D) The cost of the proposed project. 
(3) EXEMPTION.—An existing reactor in the United States 
fueled with highly enriched uranium shall not be disqualified 
from the program if the Secretary determines that— 
(A) there is no alternative nuclear reactor fuel, 
enriched in the isotope U–235 to less than 20 percent, 
that can be used in that reactor; 
(B) the reactor operator has provided assurances that, 
whenever an alternative nuclear reactor fuel, enriched in 
the isotope U–235 to less than 20 percent, can be used 
in that reactor, it will use that alternative in lieu of highly 
enriched uranium; and 
(C) the reactor operator has provided a current report 
on the status of its efforts to convert the reactor to an 
alternative nuclear reactor fuel enriched in the isotope 
U–235 to less than 20 percent, and an anticipated schedule 
for completion of conversion. 
(4) PUBLIC
PARTICIPATION
AND
REVIEW.—The Secretary 
shall— 
(A) develop a program plan and annually update the 
program plan through public workshops; and 
(B) use the Nuclear Science Advisory Committee to 
conduct annual reviews of the progress made in achieving 
the program goals and make recommendations to improve 
program effectiveness. 
(b) DEVELOPMENT ASSISTANCE.—The Secretary shall carry out 
a program to provide assistance for— 
(1) the development of fuels, targets, and processes for 
domestic molybdenum-99 production that do not use highly 
enriched uranium; and 
(2) commercial operations using the fuels, targets, and 
processes described in paragraph (1). 
(c) URANIUM LEASE AND TAKE-BACK.— 
(1) IN GENERAL.—The Secretary shall establish a program 
to make low enriched uranium available, through lease con-
tracts, for irradiation for the production of molybdenum-99 
for medical uses. 
(2) TITLE.—The lease contracts shall provide for the pro-
ducers of the molybdenum-99 to take title to and be responsible 
for the molybdenum-99 created by the irradiation, processing, 
or purification of uranium leased under this section. 
(3) DUTIES.— 
(A) SECRETARY.—The lease contracts shall require the 
Secretary— 
(i) to retain responsibility for the final disposition 
of spent nuclear fuel created by the irradiation, proc-
essing, or purification of uranium leased under this 
section for the production of medical isotopes; and 
Recommenda- 
tions. 
Plan. 
Deadlines. 
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126 STAT. 2213 
PUBLIC LAW 112–239—JAN. 2, 2013 
(ii) to take title to and be responsible for the final 
disposition of radioactive waste created by the irradia-
tion, processing, or purification of uranium leased 
under this section for which the Secretary determines 
the producer does not have access to a disposal path. 
(B) PRODUCER.—The producer of the spent nuclear fuel 
and radioactive waste shall accurately characterize, appro-
priately package, and transport the spent nuclear fuel and 
radioactive waste prior to acceptance by the Department. 
(4) COMPENSATION.— 
(A) IN
GENERAL.—Subject to subparagraph (B), the 
lease contracts shall provide for compensation in cash 
amounts equivalent to prevailing market rates for the sale 
of comparable uranium products and for compensation in 
cash amounts equivalent to the net present value of the 
cost to the Federal Government for— 
(i) the final disposition of spent nuclear fuel and 
radioactive waste for which the Department is respon-
sible under paragraph (3); and 
(ii) other costs associated with carrying out the 
uranium lease and take-back program authorized by 
this subsection. 
(B) DISCOUNT RATE.—The discount rate used to deter-
mine the net present value of costs described in subpara-
graph (A)(ii) shall be not greater than the average interest 
rate on marketable Treasury securities. 
(5) AUTHORIZED USE OF FUNDS.—Subject to the availability 
of appropriations, the Secretary may obligate and expend funds 
received under leases entered into under this subsection, which 
shall remain available until expended, for the purpose of car-
rying out the activities authorized by this subtitle, including 
activities related to the final disposition of spent nuclear fuel 
and radioactive waste for which the Department is responsible 
under paragraph (3). 
(6) EXCHANGE OF URANIUM FOR SERVICES.—The Secretary 
shall not barter or otherwise sell or transfer uranium in any 
form in exchange for— 
(A) services related to the final disposition of the spent 
nuclear fuel and radioactive waste for which the Depart-
ment is responsible under paragraph (3); or 
(B) any other services associated with carrying out 
the uranium lease and take-back program authorized by 
this subsection. 
(d) COORDINATION OF ENVIRONMENTAL REVIEWS.—The Depart-
ment and the Nuclear Regulatory Commission shall ensure to the 
maximum extent practicable that environmental reviews for the 
production of the medical isotopes shall complement and not dupli-
cate each review. 
(e) OPERATIONAL DATE.—The Secretary shall establish a pro-
gram as described in subsection (c)(3) not later than 3 years after 
the date of enactment of this Act. 
(f) RADIOACTIVE WASTE.—Notwithstanding section 2 of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), radioactive 
material resulting from the production of medical isotopes that 
has been permanently removed from a reactor or subcritical 
assembly and for which there is no further use shall be considered 
Deadline. 
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126 STAT. 2214 
PUBLIC LAW 112–239—JAN. 2, 2013 
low-level radioactive waste if the material is acceptable under Fed-
eral requirements for disposal as low-level radioactive waste. 
SEC. 3174. EXPORTS. 
Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) 
is amended by striking subsection c. and inserting the following: 
‘‘c. MEDICAL PRODUCTION LICENSE SUNSET.—Effective 7 years 
after the date of enactment of the American Medical Isotopes 
Production Act of 2012, the Commission may not issue a license 
for the export of highly enriched uranium from the United States 
for the purposes of medical isotope production. 
‘‘d. MEDICAL PRODUCTION LICENSE EXTENSION.—The period 
referred to in subsection c. may be extended for no more than 
6 years if, no earlier than 6 years after the date of enactment 
of the American Medical Isotopes Production Act of 2012, the Sec-
retary of Energy certifies to the Committee on Energy and Com-
merce of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate that— 
‘‘(1) there is insufficient global supply of molybdenum-99 
produced without the use of highly enriched uranium available 
to satisfy the domestic United States market; and 
‘‘(2) the export of United States-origin highly enriched ura-
nium for the purposes of medical isotope production is the 
most effective temporary means to increase the supply of molyb-
denum-99 to the domestic United States market. 
‘‘e. PUBLIC NOTICE.—To ensure public review and comment, 
the development of the certification described in subsection d. shall 
be carried out through announcement in the Federal Register. 
‘‘f. JOINT CERTIFICATION.— 
‘‘(1) IN GENERAL.—In accordance with paragraph (2), the 
ban on the export of highly enriched uranium for purposes 
of medical isotope production referred to in subsections c. and 
d. shall not go into effect unless the Secretary of Energy and 
the Secretary of Health and Human Services have jointly cer-
tified that— 
‘‘(A) there is a sufficient supply of molybdenum-99 
produced without the use of highly enriched uranium avail-
able to meet the needs of patients in the United States; 
and 
‘‘(B) it is not necessary to export United States-origin 
highly enriched uranium for the purposes of medical isotope 
production in order to meet United States patient needs. 
‘‘(2) TIME OF CERTIFICATION.—The joint certification under 
paragraph (1) shall be made not later than 7 years after the 
date of enactment of the American Medical Isotopes Production 
Act of 2012, except that, if the period referred to in subsection 
c. is extended under subsection d., the 7-year deadline under 
this paragraph shall be extended by a period equal to the 
period of such extension under subsection d. 
‘‘g. SUSPENSION
OF MEDICAL PRODUCTION LICENSE.—At any 
time after the restriction of export licenses provided for in sub-
section c. becomes effective, if there is a critical shortage in the 
supply of molybdenum-99 available to satisfy the domestic United 
States medical isotope needs, the restriction of export licenses may 
be suspended for a period of no more than 12 months, if— 
‘‘(1) the Secretary of Energy certifies to the Congress that 
the export of United States-origin highly enriched uranium 
Certification. 
Time period. 
Deadline. 
Time period. 
Extension. 
Federal Register, 
publication. 
Time period. 
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126 STAT. 2215 
PUBLIC LAW 112–239—JAN. 2, 2013 
for the purposes of medical isotope production is the only effec-
tive temporary means to increase the supply of molybdenum- 
99 necessary to meet United States medical isotope needs 
during that period; and 
‘‘(2) the Congress enacts a Joint Resolution approving the 
temporary suspension of the restriction of export licenses. 
‘‘h. DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘alternative nuclear reactor fuel or target’ 
means a nuclear reactor fuel or target which is enriched to 
less than 20 percent in the isotope U–235; 
‘‘(2) the term ‘highly enriched uranium’ means uranium 
enriched to 20 percent or more in the isotope U–235; 
‘‘(3) a fuel or target ‘can be used’ in a nuclear research 
or test reactor if— 
‘‘(A) the fuel or target has been qualified by the 
Reduced Enrichment Research and Test Reactor Program 
of the Department of Energy; and 
‘‘(B) use of the fuel or target will permit the large 
majority of ongoing and planned experiments and medical 
isotope production to be conducted in the reactor without 
a large percentage increase in the total cost of operating 
the reactor; and 
‘‘(4) the term ‘medical isotope’ includes molybdenum-99, 
iodine-131, xenon-133, and other radioactive materials used 
to produce a radiopharmaceutical for diagnostic or therapeutic 
procedures or for research and development.’’. 
SEC. 3175. REPORT ON DISPOSITION OF EXPORTS. 
Not later than 1 year after the date of the enactment of this 
Act, the Chairman of the Nuclear Regulatory Commission, after 
consulting with other relevant agencies, shall submit to the Con-
gress a report detailing the current disposition of previous United 
States exports of highly enriched uranium used as fuel or targets 
in a nuclear research or test reactor, including— 
(1) their location; 
(2) whether they are irradiated; 
(3) whether they have been used for the purpose stated 
in their export license; 
(4) whether they have been used for an alternative purpose 
and, if so, whether such alternative purpose has been explicitly 
approved by the Commission; 
(5) the year of export, and reimportation, if applicable; 
(6) their current physical and chemical forms; and 
(7) whether they are being stored in a manner which ade-
quately protects against theft and unauthorized access. 
SEC. 3176. DOMESTIC MEDICAL ISOTOPE PRODUCTION. 
(a) IN GENERAL.—Chapter 10 of the Atomic Energy Act of 
1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end 
the following: 
‘‘a. The Commission may issue a license, or grant an amend-
ment to an existing license, for the use in the United States of 
highly enriched uranium as a target for medical isotope production 
in a nuclear reactor, only if, in addition to any other requirement 
of this Act— 
‘‘(1) the Commission determines that— 
‘‘(A) there is no alternative medical isotope production 
target that can be used in that reactor; and 
Determination. 
42 USC 2142. 
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126 STAT. 2216 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(B) the proposed recipient of the medical isotope 
production target has provided assurances that, whenever 
an alternative medical isotope production target can be 
used in that reactor, it will use that alternative in lieu 
of highly enriched uranium; and 
‘‘(2) the Secretary of Energy has certified that the United 
States Government is actively supporting the development of 
an alternative medical isotope production target that can be 
used in that reactor. 
‘‘b. As used in this section— 
‘‘(1) the term ‘alternative medical isotope production target’ 
means a nuclear reactor target which is enriched to less than 
20 percent of the isotope U–235; 
‘‘(2) a target ‘can be used’ in a nuclear research or test 
reactor if— 
‘‘(A) the target has been qualified by the Reduced 
Enrichment Research and Test Reactor Program of the 
Department of Energy; and 
‘‘(B) use of the target will permit the large majority 
of ongoing and planned experiments and medical isotope 
production to be conducted in the reactor without a large 
percentage increase in the total cost of operating the 
reactor; 
‘‘(3) the term ‘highly enriched uranium’ means uranium 
enriched to 20 percent or more in the isotope U–235; and 
‘‘(4) the term ‘medical isotope’ includes molybdenum-99, 
iodine-131, xenon-133, and other radioactive materials used 
to produce a radiopharmaceutical for diagnostic or therapeutic 
procedures or for research and development.’’. 
(b) TABLE OF CONTENTS.—The table of contents for the Atomic 
Energy Act of 1954 is amended by inserting the following new 
item at the end of the items relating to chapter 10 of title I: 
‘‘Sec. 112. Domestic medical isotope production.’’. 
SEC. 3177. ANNUAL DEPARTMENT REPORTS. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, and annually thereafter for 5 years, the Secretary 
shall report to Congress on Department actions to support the 
production in the United States, without the use of highly enriched 
uranium, of molybdenum-99 for medical uses. 
(b) CONTENTS.—The reports shall include the following: 
(1) For medical isotope development projects— 
(A) the names of any recipients of Department support 
under section 3173; 
(B) the amount of Department funding committed to 
each project; 
(C) the milestones expected to be reached for each 
project during the year for which support is provided; 
(D) how each project is expected to support the 
increased production of molybdenum-99 for medical uses; 
(E) the findings of the evaluation of projects under 
section 3173(a)(2); and 
(F) the ultimate use of any Department funds used 
to support projects under section 3173. 
(2) A description of actions taken in the previous year 
by the Secretary to ensure the safe disposition of spent nuclear 
Definitions. 
Certification. 
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126 STAT. 2217 
PUBLIC LAW 112–239—JAN. 2, 2013 
fuel and radioactive waste for which the Department is respon-
sible under section 3173(c). 
SEC. 3178. NATIONAL ACADEMY OF SCIENCES REPORT. 
(a) IN GENERAL.—The Secretary shall enter into an arrange-
ment with the National Academy of Sciences to conduct a study 
of the state of molybdenum-99 production and utilization, to be 
provided to Congress not later than 5 years after the date of 
enactment of this Act. 
(b) CONTENTS.—The report shall include the following: 
(1) For molybdenum-99 production— 
(A) a list of all facilities in the world producing molyb-
denum-99 for medical uses, including an indication of 
whether these facilities use highly enriched uranium in 
any way; 
(B) a review of international production of molyb-
denum-99 over the previous 5 years, including— 
(i) whether any new production was brought 
online; 
(ii) whether any facilities halted production 
unexpectedly; and 
(iii) whether any facilities used for production were 
decommissioned or otherwise permanently removed 
from service; and 
(C) an assessment of progress made in the previous 
5 years toward establishing domestic production of molyb-
denum-99 for medical uses, including the extent to which 
other medical isotopes that have been produced with molyb-
denum-99, such as iodine-131 and xenon-133, are being 
used for medical purposes. 
(2) An assessment of the progress made by the Department 
and others to eliminate all worldwide use of highly enriched 
uranium in reactor fuel, reactor targets, and medical isotope 
production facilities. 
TITLE XXXII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
Sec. 3202. Improvements to the Defense Nuclear Facilities Safety Board. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 2013, 
$29,415,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.). 
SEC. 3202. IMPROVEMENTS TO THE DEFENSE NUCLEAR FACILITIES 
SAFETY BOARD. 
(a) ESTABLISHMENT.—Section 311 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2286) is amended— 
(1) in subsection (b), by striking paragraph (4); 
(2) in subsection (c)— 
(A) in the heading, by striking ‘‘AND VICE CHAIRMAN’’ 
and inserting ‘‘, VICE CHAIRMAN, AND MEMBERS’’; 
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126 STAT. 2218 
PUBLIC LAW 112–239—JAN. 2, 2013 
(B) in paragraph (2), by striking ‘‘The Chairman’’ and 
inserting ‘‘In accordance with paragraph (5), the Chair-
man’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(5) Each member of the Board, including the Chairman and 
Vice Chairman, shall— 
‘‘(A) have equal responsibility and authority in establishing 
decisions and determining actions of the Board; 
‘‘(B) have full access to all information relating to the 
performance of the Board’s functions, powers, and mission; 
and 
‘‘(C) have one vote.’’. 
(b) MISSION AND FUNCTIONS.— 
(1) IN GENERAL.—Section 312 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2286a) is amended— 
(A) in the heading, by inserting ‘‘MISSION AND’’ before 
‘‘FUNCTIONS’’; 
(B) by redesignating subsections (a) and (b) as sub-
sections (b) and (c), respectively; 
(C) by inserting before subsection (b), as redesignated 
by subparagraph (B), the following new subsection (a): 
‘‘(a) MISSION.—The mission of the Board shall be to provide 
independent analysis, advice, and recommendations to the Secretary 
of Energy to inform the Secretary, in the role of the Secretary 
as operator and regulator of the defense nuclear facilities of the 
Department of Energy, in providing adequate protection of public 
health and safety at such defense nuclear facilities.’’; and 
(D) in subsection (b), as so redesignated— 
(i) in the heading, by striking ‘‘IN GENERAL’’ and 
inserting ‘‘FUNCTIONS’’; and 
(ii) in paragraph (5), by inserting ‘‘, and specifically 
assess risk (whenever sufficient data exists),’’ after 
‘‘shall consider’’. 
(2) CLERICAL AMENDMENT.—The table of contents for the 
Atomic Energy Act of 1954 is amended by striking the item 
relating to section 312 and inserting the following new item: 
‘‘Sec. 312. Mission and functions of the Board.’’. 
(c) BOARD RECOMMENDATIONS.— 
(1) IN GENERAL.—Section 315 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2286d) is amended— 
(A) by redesignating subsections (a) through (h) as 
subsections (b) through (i), respectively; 
(B) by inserting before subsection (b), as redesignated 
by subparagraph (A), the following new subsection: 
‘‘(a) SUBMISSION OF RECOMMENDATIONS.—(1) Subject to sub-
sections (h) and (i), not later than 30 days before the date on 
which the Board transmits a recommendation to the Secretary 
of Energy under section 312, the Board shall transmit to the Sec-
retary in writing a draft of such recommendation and any related 
findings, supporting data, and analyses to ensure the Secretary 
is adequately informed of a formal recommendation and to provide 
the Secretary an opportunity to provide input to the Board before 
such recommendation is finalized. 
‘‘(2) The Secretary may provide to the Board comments on 
a draft recommendation transmitted by the Board under paragraph 
(1) by not later than 30 days after the date on which the Secretary 
Deadlines. 
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126 STAT. 2219 
PUBLIC LAW 112–239—JAN. 2, 2013 
receives the draft recommendation. The Board may grant, upon 
request by the Secretary, additional time for the Secretary to 
transmit comments to the Board. 
‘‘(3) After the period of time in which the Secretary may provide 
comments under paragraph (2) elapses, the Board may transmit 
a final recommendation to the Secretary.’’; and 
(C) by amending subsection (b), as so redesignated, 
to read as follows: 
‘‘(b) PUBLIC AVAILABILITY
AND COMMENT.—Subject to sub-
sections (h) and (i), after the Secretary of Energy receives a rec-
ommendation from the Board under subsection (a)(3), the Board 
shall promptly make available to the public such recommendation 
and any related correspondence from the Secretary by— 
‘‘(1) providing such recommendation and correspondence 
to the public in the regional public reading rooms of the Depart-
ment of Energy; and 
‘‘(2) publishing in the Federal Register— 
‘‘(A) such recommendation and correspondence; and 
‘‘(B) a request for the submission to the Board of public 
comments 
on 
such 
recommendation 
that 
provides 
interested persons with 30 days after the date of the 
publication in which to submit comments, data, views, or 
arguments to the Board concerning the recommendation.’’. 
(2) TECHNICAL AND CONFORMING AMENDMENTS.—Such sec-
tion 315 is further amended— 
(A) in subsection (c), as redesignated by paragraph 
(1)(A)— 
(i) in paragraph (1), by striking ‘‘subsection (a)’’ 
and inserting ‘‘subsection (b)’’; and 
(ii) in paragraph (2), by striking ‘‘subsection (h)’’ 
and inserting ‘‘subsection (i)’’; 
(B) in subsection (d), as so redesignated, by striking 
‘‘subsection (a) or (b)’’ and inserting ‘‘subsection (b) or (c)’’; 
(C) in subsection (e), as so redesignated— 
(i) by striking ‘‘subsection (b)(1)’’ and inserting 
‘‘subsection (c)(1)’’; and 
(ii) by striking ‘‘subsection (h)’’ and inserting ‘‘sub-
section (i)’’; 
(D) in subsection (g), as so redesignated— 
(i) in paragraph (1), as so redesignated, by striking 
‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’; and 
(ii) in paragraph (2), by striking ‘‘, to the Commit-
tees on Armed Services and on Appropriations of the 
Senate, and to the Speaker of the House of Representa-
tives’’ and inserting ‘‘and to such committees’’; 
(E) in subsection (h), as so redesignated— 
(i) in paragraph (1), as so redesignated, by striking 
‘‘through (d)’’ and inserting ‘‘through (e)’’; and 
(ii) in paragraph (3), by striking ‘‘and the Speaker’’; 
and 
(F) by striking ‘‘Committees on Armed Services and 
on Appropriations of the Senate and to the Speaker of 
the House of Representatives’’ each place it appears and 
inserting ‘‘Committees on Armed Services, Appropriations, 
and Energy and Commerce of the House of Representatives 
and the Committees on Armed Services, Appropriations, 
and Energy and Natural Resources of the Senate’’. 
Federal Register, 
publication. 
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126 STAT. 2220 
PUBLIC LAW 112–239—JAN. 2, 2013 
(d) REPORTS.—Section 316 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286e) is amended by striking ‘‘Committees on Armed 
Services and on Appropriations of the Senate and to the Speaker 
of the House of Representatives’’ each place it appears and inserting 
‘‘Committees on Armed Services, Appropriations, and Energy and 
Commerce of the House of Representatives and the Committees 
on Armed Services, Appropriations, and Energy and Natural 
Resources of the Senate’’. 
(e) INFORMATION
TO CONGRESS.—Section 320 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2286h–1) is amended— 
(1) by striking ‘‘submitted to the Congress’’ and inserting 
‘‘submitted to the Committees on Armed Services, Appropria-
tions, and Energy and Commerce of the House of Representa-
tives and the Committees on Armed Services, Appropriations, 
and Energy and Natural Resources of the Senate’’; and 
(2) by striking ‘‘the Congress.’’ and inserting ‘‘such commit-
tees.’’. 
(f) INSPECTOR GENERAL.— 
(1) IN GENERAL.—Chapter 21 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2286 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 322. INSPECTOR GENERAL. 
‘‘(a) IN GENERAL.—Not later than October 1, 2013, the Board 
shall enter into an agreement with an agency of the Federal Govern-
ment to procure the services of the Inspector General of such 
agency for the Board, in accordance with the Inspector General 
Act of 1978 (5 U.S.C. App.). Such Inspector General shall have 
expertise relating to the mission of the Board. 
‘‘(b) BUDGET.—In the budget materials submitted to the Presi-
dent by the Board in connection with the submission to Congress, 
pursuant to section 1105 of title 31, United States Code, of the 
budget for each fiscal year, the Board shall ensure that a separate, 
dedicated procurement line item is designated for the services of 
an Inspector General under subsection (a).’’. 
(2) CLERICAL AMENDMENT.—The table of contents for the 
Atomic Energy Act of 1954 is amended by inserting after the 
item relating to section 321 the following new item: 
‘‘Sec. 322. Inspector General.’’. 
(g) TECHNICAL AMENDMENT.—Section 313(j)(2) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2286b) is amended by striking 
‘‘section’’ and all that follows through ‘‘implementation’’ and 
inserting ‘‘section 312(b)(1), the implementation’’. 
(h) SAFETY STANDARDS.—Nothing in this section or in the 
amendments made by this section shall be construed to cause 
a reduction in nuclear safety standards. 
TITLE XXXIV—NAVAL PETROLEUM 
RESERVES 
Sec. 3401. Authorization of appropriations. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be appropriated 
to the Secretary of Energy $14,909,000 for fiscal year 2013 for 
42 USC 2286 
note. 
Deadline. 
Contracts. 
42 USC 2286k. 
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126 STAT. 2221 
PUBLIC LAW 112–239—JAN. 2, 2013 
the purpose of carrying out activities under chapter 641 of title 
10, United States Code, relating to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 
the authorization of appropriations in subsection (a) shall remain 
available until expended. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
Sec. 3501. Authorization of appropriations for national security aspects of the mer-
chant marine for fiscal year 2013. 
Sec. 3502. Application of the Federal Acquisition Regulation. 
Sec. 3503. Limitation of National Defense Reserve Fleet vessels to those over 1,500 
gross tons. 
Sec. 3504. Donation of excess fuel to maritime academies. 
Sec. 3505. Clarification of heading. 
Sec. 3506. Transfer of vessels to the National Defense Reserve Fleet. 
Sec. 3507. Amendments relating to the National Defense Reserve Fleet. 
Sec. 3508. Extension of Maritime Security Fleet program. 
Sec. 3509. Container-on-barge transportation. 
Sec. 3510. Short sea transportation. 
Sec. 3511. Maritime environmental and technical assistance. 
Sec. 3512. Identification of actions to enable qualified United States flag capacity 
to meet national defense requirements. 
Sec. 3513. Maritime workforce study. 
Sec. 3514. Maritime administration vessel recycling contract award practices. 
Sec. 3515. Requirement for barge design. 
Sec. 3516. Eligibility to receive surplus training equipment. 
Sec. 3517. Coordination with other laws. 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL 
SECURITY ASPECTS OF THE MERCHANT MARINE FOR 
FISCAL YEAR 2013. 
Funds are hereby authorized to be appropriated for fiscal year 
2013, to be available without fiscal year limitation if so provided 
in appropriations Acts, for the use of the Department of Transpor-
tation for Maritime Administration programs associated with 
maintaining national security aspects of the merchant marine, as 
follows: 
(1) For expenses necessary for operations of the United 
States Merchant Marine Academy, $77,253,000, of which— 
(A) $67,253,000 shall remain available until expended 
for Academy operations; and 
(B) $10,000,000 shall remain available until expended 
for capital asset management at the Academy. 
(2) For expenses necessary to support the State maritime 
academies, $16,045,000, of which— 
(A) $2,400,000 shall remain available until expended 
for student incentive payments; 
(B) $2,545,000 shall remain available until expended 
for direct payments to such academies; and 
(C) $11,100,000 shall remain available until expended 
for maintenance and repair of State maritime academy 
training vessels. 
(3) For expenses necessary to dispose of vessels in the 
National Defense Reserve Fleet, $12,717,000, to remain avail-
able until expended. 
(4) For expenses to maintain and preserve a United States- 
flag merchant marine to serve the national security needs 
of the United States under chapter 531 of title 46, United 
States Code, $186,000,000. 
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126 STAT. 2222 
PUBLIC LAW 112–239—JAN. 2, 2013 
(5) For the cost (as defined in section 502(5) of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees 
under the program authorized by chapter 537 of title 46, United 
States Code, $3,750,000, all of which shall remain available 
until expended for administrative expenses of the program. 
SEC. 3502. APPLICATION OF THE FEDERAL ACQUISITION REGULATION. 
Section 3502(b) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001, as enacted into law by 
Public Law 106–398 (114 Stat. 1654A–490), is amended by striking 
‘‘the enactment of this Act’’ and inserting ‘‘contract award’’. 
SEC. 3503. LIMITATION OF NATIONAL DEFENSE RESERVE FLEET VES-
SELS TO THOSE OVER 1,500 GROSS TONS. 
Section 57101(a) of title 46, United States Code, is amended 
by inserting ‘‘of 1,500 gross tons or more or such other vessels 
as the Secretary of Transportation shall determine are appropriate’’ 
after ‘‘Administration’’. 
SEC. 3504. DONATION OF EXCESS FUEL TO MARITIME ACADEMIES. 
Section 51103(b) of title 46, United States Code, is amended 
by striking so much as precedes paragraph (2) and inserting the 
following: 
‘‘(b) PROPERTY FOR INSTRUCTIONAL PURPOSES.— 
‘‘(1) IN GENERAL.—The Secretary of Transportation may 
cooperate with and assist the institutions named in paragraph 
(2) by making vessels, fuel, shipboard equipment, and other 
marine equipment, owned by the United States Government 
and determined by the entity having custody and control of 
such property to be excess or surplus, available to those institu-
tions for instructional purposes, by gift, loan, sale, lease, or 
charter on terms and conditions the Secretary considers appro-
priate. The consent of the Secretary of the Navy shall be 
obtained with respect to any property from National Defense 
Reserve Fleet vessels (50 U.S.C. App. 1744) where such vessels 
are either Ready Reserve Force vessels or other National 
Defense Reserve Fleet vessels determined to be of sufficient 
value to the Navy to warrant their further preservation and 
retention.’’. 
SEC. 3505. CLARIFICATION OF HEADING. 
(a) IN GENERAL.—The section designation and heading for sec-
tion 57103 of title 46, United States Code, is amended to read 
as follows: 
‘‘§ 57103. Donation of nonretention vessels in the National 
Defense Reserve Fleet’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 571 of 
title 46, United States Code, is amended by striking the item 
relating to section 57103 and inserting the following: 
‘‘57103. Donation of nonretention vessels in the National Defense Reserve Fleet.’’. 
SEC. 3506. TRANSFER OF VESSELS TO THE NATIONAL DEFENSE 
RESERVE FLEET. 
Section 57101 of title 46, United States Code, is amended 
by adding at the end the following: 
‘‘(c) AUTHORITY OF FEDERAL ENTITIES TO TRANSFER VESSELS.— 
All Federal entities are authorized to transfer vessels to the 
16 USC 5405 
note. 
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126 STAT. 2223 
PUBLIC LAW 112–239—JAN. 2, 2013 
National Defense Reserve Fleet without reimbursement subject to 
the approval of the Secretary of Transportation and the Secretary 
of the Navy with respect to Ready Reserve Force vessels and the 
Secretary of Transportation with respect to all other vessels.’’. 
SEC. 3507. AMENDMENTS RELATING TO THE NATIONAL DEFENSE 
RESERVE FLEET. 
Subparagraphs (B), (C), and (D) of section 11(c)(1) of the Mer-
chant Ship Sales Act of 1946 (50 U.S.C. App. 1744(c)(1)) are 
amended to read as follows: 
‘‘(B) activate and conduct sea trials on each vessel 
at a frequency that is deemed necessary; 
‘‘(C) maintain and adequately crew, as necessary, in 
an enhanced readiness status those vessels that are sched-
uled to be activated in 5 or less days; 
‘‘(D) locate those vessels that are scheduled to be acti-
vated near embarkation ports specified for those vessels; 
and’’. 
SEC. 3508. EXTENSION OF MARITIME SECURITY FLEET PROGRAM. 
(a) DEFINITIONS.—Section 53101 of title 46, United States Code, 
is amended— 
(1) by amending paragraph (4) to read as follows: 
‘‘(4) FOREIGN
COMMERCE.—The term ‘foreign commerce’ 
means— 
‘‘(A) commerce or trade between the United States, 
its territories or possessions, or the District of Columbia, 
and a foreign country; and 
‘‘(B) commerce or trade between foreign countries.’’; 
(2) by striking paragraph (5); 
(3) by redesignating paragraphs (6) through (13) as para-
graphs (5) through (12), respectively; and 
(4) by amending paragraph (5), as so redesignated, to read 
as follows: 
‘‘(5) PARTICIPATING FLEET VESSEL.—The term ‘participating 
fleet vessel’ means any vessel that— 
‘‘(A) on October 1, 2015— 
‘‘(i) meets the requirements of paragraph (1), (2), 
(3), or (4) of section 53102(c); and 
‘‘(ii) is less than 20 years of age if the vessel 
is a tank vessel, or is less than 25 years of age for 
all other vessel types; and 
‘‘(B) on December 31, 2014, is covered by an operating 
agreement under this chapter.’’. 
(b) VESSEL ELIGIBILITY.—Section 53102(b) of such title is 
amended to read as follows: 
‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be included 
in the Fleet if— 
‘‘(1) the vessel meets the requirements of paragraph (1), 
(2), (3), or (4) of subsection (c); 
‘‘(2) the vessel is operated (or in the case of a vessel 
to be constructed, will be operated) in providing transportation 
in foreign commerce; 
‘‘(3) the vessel is self-propelled and— 
‘‘(A) is a tank vessel that is 10 years of age or less 
on the date the vessel is included in the Fleet; or 
‘‘(B) is any other type of vessel that is 15 years of 
age or less on the date the vessel is included in the Fleet; 
Effective dates. 
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126 STAT. 2224 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘(4) the vessel— 
‘‘(A) is suitable for use by the United States for national 
defense or military purposes in time of war or national 
emergency, as determined by the Secretary of Defense; 
and 
‘‘(B) is commercially viable, as determined by the Sec-
retary; and 
‘‘(5) the vessel— 
‘‘(A) is a United States-documented vessel; or 
‘‘(B) is not a United States-documented vessel, but— 
‘‘(i) the owner of the vessel has demonstrated an 
intent to have the vessel documented under chapter 
121 of this title if it is included in the Fleet; and 
‘‘(ii) at the time an operating agreement for the 
vessel is entered into under this chapter, the vessel 
is eligible for documentation under chapter 121 of this 
title.’’. 
(c) OPERATING AGREEMENTS.—Section 53103 of such title is 
amended— 
(1) by amending subsection (b) to read as follows: 
‘‘(b) EXTENSION OF EXISTING OPERATING AGREEMENTS.— 
‘‘(1) OFFER TO EXTEND.—Not later than 60 days after the 
date of enactment of this paragraph, the Secretary shall offer, 
to an existing contractor, to extend, through September 30, 
2025, an operating agreement that is in existence on the date 
of enactment of this paragraph. The terms and conditions of 
the extended operating agreement shall include terms and 
conditions authorized under this chapter, as amended from 
time to time. 
‘‘(2) TIME
LIMIT.—An existing contractor shall have not 
later than 120 days after the date the Secretary offers to 
extend an operating agreement to agree to the extended oper-
ating agreement. 
‘‘(3) SUBSEQUENT AWARD.—The Secretary may award an 
operating agreement to an applicant that is eligible to enter 
into an operating agreement for fiscal years 2016 through 2025 
if the existing contractor does not agree to the extended oper-
ating agreement under paragraph (2).’’; and 
(2) by amending subsection (c) to read as follows: 
‘‘(c) PROCEDURE
FOR
AWARDING
NEW
OPERATING
AGREE-
MENTS.—The Secretary may enter into a new operating agreement 
with an applicant that meets the requirements of section 53102(c) 
(for vessels that meet the qualifications of section 53102(b)) on 
the basis of priority for vessel type established by military require-
ments of the Secretary of Defense. The Secretary shall allow an 
applicant at least 30 days to submit an application for a new 
operating agreement. After consideration of military requirements, 
priority shall be given to an applicant that is a United States 
citizen under section 50501 of this title. The Secretary may not 
approve an application without the consent of the Secretary of 
Defense. The Secretary shall enter into an operating agreement 
with the applicant or provide a written reason for denying the 
application.’’. 
(d) REPEAL OF EARLY TERMINATION BY CONTRACTOR.—Section 
53104 of such title is amended— 
(1) in subsection (c), by striking paragraph (3); and 
Time period. 
Deadlines. 
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126 STAT. 2225 
PUBLIC LAW 112–239—JAN. 2, 2013 
(2) in subsection (e), by striking ‘‘an operating agreement 
under this chapter is terminated under subsection (c)(3), or 
if’’. 
(e) TRANSFER OF OPERATING AGREEMENTS.—Section 53105 of 
such title is amended— 
(1) by amending subsection (e) to read as follows: 
‘‘(e) TRANSFER OF OPERATING AGREEMENTS.—A contractor under 
an operating agreement may transfer the agreement (including 
all rights and obligations under the operating agreement) to any 
person that is eligible to enter into the operating agreement under 
this chapter if the Secretary and the Secretary of Defense determine 
that the transfer is in the best interests of the United States. 
A transaction shall not be considered a transfer of an operating 
agreement if the same legal entity with the same vessels remains 
the contracting party under the operating agreement.’’; and 
(2) by amending subsection (f) to read as follows: 
‘‘(f) REPLACEMENT VESSELS.—A contractor may replace a vessel 
under an operating agreement with another vessel that is eligible 
to be included in the Fleet under section 53102(b), if the Secretary, 
in conjunction with the Secretary of Defense, approves the replace-
ment of the vessel.’’. 
(f) PAYMENTS.—Section 53106 of such title is amended— 
(1) in subsection (a)(1), by striking ‘‘and’’ after the semicolon 
at the end of subparagraph (B), and by striking subparagraph 
(C) and inserting the following: 
‘‘(C) $3,100,000 for each of fiscal years 2012, 2013, 
2014, 2015, 2016, 2017, and 2018; 
‘‘(D) $3,500,000 for each of fiscal years 2019, 2020, 
and 2021; and 
‘‘(E) $3,700,000 for each of fiscal years 2022, 2023, 
2024, and 2025.’’; 
(2) in subsection (c)(3)(C), by striking ‘‘a LASH vessel.’’ 
and inserting ‘‘a lighter aboard ship vessel.’’; and 
(3) by striking subsection (f). 
(g) 
EMERGENCY
PREPAREDNESS
AGREEMENTS.—Section 
53107(b)(1) of such title is amended to read as follows: 
‘‘(1) IN GENERAL.—An Emergency Preparedness Agreement 
under this section shall require that a contractor for a vessel 
covered by an operating agreement under this chapter shall 
make commercial transportation resources (including services) 
available, upon request by the Secretary of Defense during 
a time of war or national emergency, or whenever the Secretary 
of Defense determines that it is necessary for national security 
or contingency operation (as that term is defined in section 
101 of title 10, United States Code).’’. 
(h) REPEAL OF WAIVER OF AGE RESTRICTION.—Section 53109 
of such title is repealed. 
(i) AUTHORIZATION OF APPROPRIATIONS.—Section 53111 of such 
title is amended— 
(1) by striking ‘‘and’’ at the end of paragraph (2); and 
(2) by amending paragraph (3) to read as follows: 
‘‘(3) $186,000,000 for each of fiscal years 2012, 2013, 2014, 
2015, 2016, 2017, and 2018; 
‘‘(4) $210,000,000 for each of fiscal years 2019, 2020, and 
2021; and 
‘‘(5) $222,000,000 for each fiscal year thereafter through 
fiscal year 2025.’’. 
Determination. 
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126 STAT. 2226 
PUBLIC LAW 112–239—JAN. 2, 2013 
(j) EFFECTIVE DATE OF AMENDMENTS.—The amendments made 
by— 
(1) paragraphs (2), (3), and (4) of subsection (a) take effect 
on December 31, 2014; and 
(2) subsection (f)(2) take effect on December 31, 2014. 
SEC. 3509. CONTAINER-ON-BARGE TRANSPORTATION. 
(a) ASSESSMENT.—The Maritime Administrator shall assess the 
potential for using container-on-barge transportation in short sea 
transportation (as such term is defined in section 55605 of title 
46, United States Code). 
(b) FACTORS.—In conducting the assessment under subsection 
(a), the Administrator shall consider— 
(1) the environmental benefits of increasing container-on- 
barge movements in short sea transportation; 
(2) the regional differences in the use of short sea transpor-
tation; 
(3) the existing programs established at coastal and Great 
Lakes ports for establishing awareness of deep sea shipping 
operations; 
(4) the mechanisms necessary to ensure that implementa-
tion of a plan under subsection (c) will not be inconsistent 
with antitrust laws; and 
(5) the potential frequency of container-on-barge service 
at short sea transportation ports. 
(c) RECOMMENDATIONS.—The assessment under subsection (a) 
may include recommendations for a plan to increase awareness 
of the potential for use of container-on-barge transportation. 
(d) DEADLINE.—Not later than 180 days after the date of enact-
ment of this title, the Administrator shall submit the assessment 
required under this section to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives. 
SEC. 3510. SHORT SEA TRANSPORTATION. 
(a) PURPOSE.—Section 55601 of title 46, United States Code, 
is amended— 
(1) in subsection (a), by striking ‘‘landside congestion.’’ and 
inserting ‘‘landside congestion or to promote short sea transpor-
tation.’’; 
(2) in subsection (c), by striking ‘‘coastal corridors’’ and 
inserting ‘‘coastal corridors or to promote short sea transpor-
tation’’; 
(3) in subsection (d), by striking ‘‘that the project may’’ 
and all that follows through the end of the subsection and 
inserting ‘‘that the project uses documented vessels and— 
‘‘(1) mitigates landside congestion; or 
‘‘(2) promotes short sea transportation.’’; and 
(4) in subsection (f), by striking ‘‘shall’’ each place it appears 
and inserting ‘‘may’’. 
(b) DOCUMENTATION.—Section 55605 of title 46, United States 
Code, is amended in the matter preceding paragraph (1) by striking 
‘‘by vessel’’ and inserting ‘‘by a documented vessel’’. 
SEC. 3511. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE. 
(a) IN GENERAL.—Chapter 503 of title 46, United States Code, 
is amended by adding at the end the following: 
46 USC 53101 
note. 
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126 STAT. 2227 
PUBLIC LAW 112–239—JAN. 2, 2013 
‘‘§ 50307. Maritime environmental and technical assistance 
‘‘(a) IN GENERAL.—The Secretary of Transportation may engage 
in the environmental study, research, development, assessment, 
and deployment of emerging marine technologies and practices 
related to the marine transportation system through the use of 
public vessels under the control of the Maritime Administration 
or private vessels under United States registry, and through part-
nerships and cooperative efforts with academic, public, private, 
and non-governmental entities and facilities. 
‘‘(b) REQUIREMENTS.—The Secretary of Transportation may— 
‘‘(1) identify, study, evaluate, test, demonstrate, or improve 
emerging marine technologies and practices that are likely 
to achieve environmental improvements by— 
‘‘(A) reducing air emissions, water emissions, or other 
ship discharges; 
‘‘(B) increasing fuel economy or the use of alternative 
fuels and alternative energy (including the use of shore 
power); or 
‘‘(C) controlling aquatic invasive species; and 
‘‘(2) coordinate with the Environmental Protection Agency, 
the United States Coast Guard, and other Federal, State, local, 
or tribal agencies, as appropriate. 
‘‘(c) COORDINATION.—Coordination under subsection (b)(2) may 
include— 
‘‘(1) activities that are associated with the development 
or approval of validation and testing regimes; and 
‘‘(2) certification or validation of emerging technologies or 
practices that demonstrate significant environmental benefits. 
‘‘(d) ASSISTANCE.—The Secretary of Transportation may accept 
gifts, or enter into cooperative agreements, contracts, or other agree-
ments with academic, public, private, and non-governmental entities 
to carry out the activities authorized under subsection (a).’’. 
(b) CONFORMING
AMENDMENT.—The table of contents for 
chapter 503 of title 46, United States Code, is amended by inserting 
after the item relating to section 50306 the following: 
‘‘50307. Maritime environmental and technical assistance.’’. 
SEC. 3512. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED 
UNITED STATES FLAG CAPACITY TO MEET NATIONAL 
DEFENSE REQUIREMENTS. 
Section 501(b) of title 46, United States Code, is amended— 
(1) by striking ‘‘When the head’’ and inserting the following: 
‘‘(1) IN GENERAL.—When the head’’; and 
(2) by adding at the end the following: 
‘‘(2) 
DETERMINATIONS.—The 
Maritime 
Administrator 
shall— 
‘‘(A) for each determination referred to in paragraph 
(1), identify any actions that could be taken to enable 
qualified United States flag capacity to meet national 
defense requirements; 
‘‘(B) provide notice of each such determination to the 
Secretary of Transportation and the head of the agency 
referred to in paragraph (1) for which the determination 
is made; and 
‘‘(C) publish each such determination on the Internet 
Web site of the Department of Transportation not later 
Web posting. 
Deadline. 
Notification. 
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126 STAT. 2228 
PUBLIC LAW 112–239—JAN. 2, 2013 
than 48 hours after notice of the determination is provided 
to the Secretary of Transportation. 
‘‘(3) NOTICE TO CONGRESS.— 
‘‘(A) IN
GENERAL.—The head of an agency referred 
to in paragraph (1) shall notify the Committee on Transpor-
tation and Infrastructure and the Committee on Armed 
Services of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation and the 
Committee on Armed Services of the Senate— 
‘‘(i) of any request for a waiver of the navigation 
or vessel-inspection laws under this section not later 
than 48 hours after receiving such a request; and 
‘‘(ii) of the issuance of any such waiver not later 
than 48 hours after such issuance. 
‘‘(B) CONTENTS.—Such head of an agency shall include 
in each notification under subparagraph (A)(ii) an expla-
nation of— 
‘‘(i) the reasons the waiver is necessary; and 
‘‘(ii) the reasons actions referred to in paragraph 
(2)(A) are not feasible.’’. 
SEC. 3513. MARITIME WORKFORCE STUDY. 
(a) TRAINING STUDY.—The Comptroller General of the United 
States shall conduct a study on the training needs of the maritime 
workforce. 
(b) STUDY COMPONENTS.—The study shall— 
(1) analyze the impact of maritime training requirements 
imposed by domestic and international regulations and conven-
tions, companies, and government agencies that charter or 
operate vessels; 
(2) evaluate the ability of the United States maritime 
training infrastructure to meet the needs of the maritime 
industry; 
(3) identify trends in maritime training; 
(4) compare the training needs of United States mariners 
with the vocational training and educational assistance pro-
grams available from Federal agencies to evaluate the ability 
of Federal programs to meet the training needs of United 
States mariners; 
(5) include recommendations to enhance the capabilities 
of the United States maritime training infrastructure; and 
(6) include recommendations to assist United States mari-
ners and those entering the maritime profession to achieve 
the required training. 
(c) FINAL REPORT.—Not later than 1 year after the date of 
enactment of this title, the Comptroller General shall submit a 
report on the results of the study to the Committee on Commerce, 
Science, and Transportation and the Committee on Armed Services 
of the Senate and the Committee on Transportation and Infrastruc-
ture and the Committee on Armed Services of the House of Rep-
resentatives. 
SEC. 3514. MARITIME ADMINISTRATION VESSEL RECYCLING CON-
TRACT AWARD PRACTICES. 
(a) IN GENERAL.—Not later than 12 months after the date 
of enactment of this title, the Comptroller General of the United 
States shall conduct an assessment of the source selection proce-
dures and practices used to award the Maritime Administration’s 
Deadline. 
Assessment. 
Deadlines. 
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126 STAT. 2229 
PUBLIC LAW 112–239—JAN. 2, 2013 
National Defense Reserve Fleet vessel recycling contracts. The 
Comptroller General shall assess the process, procedures, and prac-
tices used for the Maritime Administration’s qualification of vessel 
recycling facilities. The Comptroller General shall report the 
findings to the Committee on Commerce, Science, and Transpor-
tation and the Committee on Armed Services of the Senate, and 
the Committee on Transportation and Infrastructure and the Com-
mittee on Armed Services of the House of Representatives. 
(b) ASSESSMENT.—The assessment under subsection (a) shall 
include a review of whether the Maritime Administration’s contract 
source selection procedures and practices are consistent with law, 
the Federal Acquisition Regulation (FAR), and Federal best prac-
tices associated with making source selection decisions. 
(c) CONSIDERATIONS.—In making the assessment under sub-
section (a), the Comptroller General may consider any other aspect 
of the Maritime Administration’s vessel recycling process that the 
Comptroller General deems appropriate to review. 
SEC. 3515. REQUIREMENT FOR BARGE DESIGN. 
Not later than 270 days after the date of enactment of this 
title, the Maritime Administrator shall complete the design for 
a containerized, articulated barge, as identified in the dual-use 
vessel study carried out by the Administrator and the Secretary 
of Defense, that is able to utilize roll-on/roll-off or load-on/load- 
off technology in marine highway maritime commerce. 
SEC. 3516. ELIGIBILITY TO RECEIVE SURPLUS TRAINING EQUIPMENT. 
Section 51103(b)(2)(C) of title 46, United States Code, is 
amended by inserting ‘‘or a training institution that is an 
instrumentality of a State, Territory, or Commonwealth of the 
United States or District of Columbia or a unit of local government 
thereof’’ after ‘‘a nonprofit training institution’’. 
SEC. 3517. COORDINATION WITH OTHER LAWS. 
(a) EARLIER ENACTMENT
OF COAST GUARD
AND MARITIME 
TRANSPORTATION ACT OF 2012.—If the date of the enactment of 
the Coast Guard and Maritime Transportation Act of 2012 (H.R. 
2838, 112th Congress) is before the date of the enactment of this 
Act: 
(1) Sections 3501, 3503 through 3507, and 3509 through 
3516 of this Act, and any amendments made by those sections, 
shall not go into effect. 
(2) Section 501(b)(3)(A) of title 46, United States Code 
(as added by section 301(2) of the Coast Guard and Maritime 
Transportation Act of 2012), is amended by striking ‘‘the Com-
mittee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate’’ and inserting ‘‘the Committee 
on Transportation and Infrastructure and the Committee on 
Armed Services of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation and the Com-
mittee on Armed Services of the Senate’’. 
(3) Section 414(c) of the Coast Guard and Maritime 
Transportation Act of 2012 is amended by striking ‘‘the Com-
mittee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of 
the House of Representatives’’ and inserting ‘‘the Committee 
on Commerce, Science, and Transportation and the Committee 
Deadline. 
Reports. 
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126 STAT. 2230 
PUBLIC LAW 112–239—JAN. 2, 2013 
on Armed Services of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on 
Armed Services of the House of Representatives’’. 
(b) LATER
ENACTMENT
OF
COAST
GUARD
AND
MARITIME 
TRANSPORTATION ACT OF 2012.—If the date of the enactment of 
the Coast Guard and Maritime Transportation Act of 2012 (H.R. 
2838, 112th Congress) is after the date of the enactment of this 
Act, sections 301, 402 through 408, 410 through 412, 414, and 
415 of such Act, and any amendments made by those sections, 
shall not go into effect. 
DIVISION D—FUNDING TABLES 
Sec. 4001. Authorization of amounts in funding tables. 
TITLE XLI—PROCUREMENT 
Sec. 4101. Procurement. 
Sec. 4102. Procurement for overseas contingency operations. 
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Sec. 4201. Research, development, test, and evaluation. 
Sec. 4202. Research, development, test, and evaluation for overseas contingency op-
erations. 
TITLE XLIII—OPERATION AND MAINTENANCE 
Sec. 4301. Operation and maintenance. 
Sec. 4302. Operation and maintenance for overseas contingency operations. 
TITLE XLIV—MILITARY PERSONNEL 
Sec. 4401. Military personnel. 
Sec. 4402. Military personnel for overseas contingency operations. 
TITLE XLV—OTHER AUTHORIZATIONS 
Sec. 4501. Other authorizations. 
Sec. 4502. Other authorizations for overseas contingency operations. 
TITLE XLVI—MILITARY CONSTRUCTION 
Sec. 4601. Military construction. 
Sec. 4602. Military construction for overseas contingency operations. 
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Sec. 4701. Department of Energy National Security programs. 
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. 
(a) IN GENERAL.—Whenever a funding table in this division 
specifies a dollar amount authorized for a project, program, or 
activity, the obligation and expenditure of the specified dollar 
amount for the project, program, or activity is hereby authorized, 
subject to the availability of appropriations. 
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126 STAT. 2231 
PUBLIC LAW 112–239—JAN. 2, 2013 
(b) MERIT-BASED DECISIONS.—A decision to commit, obligate, or 
expend funds with or to a specific entity on the basis of a dollar 
amount authorized pursuant to subsection (a) shall— 
(1) be based on merit-based selection procedures in accord-
ance with the requirements of sections 2304(k) and 2374 of 
title 10, United States Code, or on competitive procedures; 
and 
(2) comply with other applicable provisions of law. 
(c) 
RELATIONSHIP
TO
TRANSFER
AND
PROGRAMMING 
AUTHORITY.—An amount specified in the funding tables in this 
division may be transferred or reprogrammed under a transfer 
or reprogramming authority provided by another provision of this 
Act or by other law. The transfer or reprogramming of an amount 
specified in such funding tables shall not count against a ceiling 
on such transfers or reprogrammings under section 1001 or section 
1522 of this Act or any other provision of law, unless such transfer 
or reprogramming would move funds between appropriation 
accounts. 
(d) APPLICABILITY TO CLASSIFIED ANNEX.—This section applies 
to any classified annex that accompanies this Act. 
(e) ORAL AND WRITTEN COMMUNICATIONS.—No oral or written 
communication concerning any amount specified in the funding 
tables in this division shall supersede the requirements of this 
section. 
TITLE XLI—PROCUREMENT 
SEC. 4101. PROCUREMENT. 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
AIRCRAFT PROCUREMENT, ARMY 
FIXED WING 
001 
UTILITY F/W AIRCRAFT .................................................................
18,639 
18,639 
003 
MQ–1 UAV ..........................................................................................
518,088 
518,088 
004 
RQ–11 (RAVEN) .................................................................................
25,798 
25,798 
ROTARY 
006 
HELICOPTER, LIGHT UTILITY (LUH) ..........................................
271,983 
271,983 
007 
AH–64 APACHE BLOCK IIIA REMAN ...........................................
577,115 
577,115 
008 
ADVANCE PROCUREMENT (CY) ...............................................
107,707 
107,707 
009 
AH–64 APACHE BLOCK IIIB NEW BUILD ...................................
153,993 
153,993 
010 
ADVANCE PROCUREMENT (CY) ...............................................
146,121 
146,121 
013 
UH–60 BLACKHAWK M MODEL (MYP) ........................................
1,107,087 
1,107,087 
014 
ADVANCE PROCUREMENT (CY) ...............................................
115,113 
115,113 
015 
CH–47 HELICOPTER ........................................................................
1,076,036 
1,076,036 
016 
ADVANCE PROCUREMENT (CY) ...............................................
83,346 
83,346 
MODIFICATION OF AIRCRAFT 
018 
MQ–1 PAYLOAD—UAS .....................................................................
231,508 
231,508 
020 
GUARDRAIL MODS (MIP) ...............................................................
16,272 
16,272 
021 
MULTI SENSOR ABN RECON (MIP) .............................................
4,294 
4,294 
022 
AH–64 MODS .....................................................................................
178,805 
178,805 
023 
CH–47 CARGO HELICOPTER MODS (MYP) .................................
39,135 
39,135 
024 
UTILITY/CARGO AIRPLANE MODS ..............................................
24,842 
24,842 
026 
UTILITY HELICOPTER MODS .......................................................
73,804 
73,804 
027 
KIOWA WARRIOR MODS ................................................................
192,484 
192,484 
029 
NETWORK AND MISSION PLAN ...................................................
190,789 
190,789 
030 
COMMS, NAV SURVEILLANCE ......................................................
133,191 
133,191 
031 
GATM ROLLUP ..................................................................................
87,280 
87,280 
032 
RQ–7 UAV MODS ..............................................................................
104,339 
104,339 
GROUND SUPPORT AVIONICS 
034 
AIRCRAFT SURVIVABILITY EQUIPMENT ..................................
34,037 
34,037 
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126 STAT. 2232 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
036 
CMWS ..................................................................................................
127,751 
127,751 
OTHER SUPPORT 
037 
AVIONICS SUPPORT EQUIPMENT ...............................................
4,886 
4,886 
038 
COMMON GROUND EQUIPMENT .................................................
82,511 
82,511 
039 
AIRCREW INTEGRATED SYSTEMS ..............................................
77,381 
77,381 
040 
AIR TRAFFIC CONTROL .................................................................
47,235 
47,235 
041 
INDUSTRIAL FACILITIES ...............................................................
1,643 
1,643 
042 
LAUNCHER, 2.75 ROCKET ..............................................................
516 
516 
TOTAL AIRCRAFT PROCUREMENT, ARMY ................
5,853,729 
5,853,729 
MISSILE PROCUREMENT, ARMY 
SURFACE-TO-AIR MISSILE SYSTEM 
001 
PATRIOT SYSTEM SUMMARY .......................................................
646,590 
696,590 
Additional PAC–3 missiles .........................................................
[50,000 
] 
002 
MSE MISSILE ....................................................................................
12,850 
12,850 
AIR-TO-SURFACE MISSILE SYSTEM 
004 
HELLFIRE SYS SUMMARY .............................................................
1,401 
1,401 
ANTI-TANK/ASSAULT MISSILE SYS 
005 
JAVELIN (AAWS-M) SYSTEM SUMMARY ....................................
81,121 
81,121 
006 
TOW 2 SYSTEM SUMMARY ............................................................
64,712 
64,712 
007 
ADVANCE PROCUREMENT (CY) ...............................................
19,931 
19,931 
008 
GUIDED MLRS ROCKET (GMLRS) ................................................
218,679 
218,679 
009 
MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ..........
18,767 
18,767 
010 
HIGH MOBILITY ARTILLERY ROCKET SYSTEM .......................
12,051 
12,051 
MODIFICATIONS 
011 
PATRIOT MODS ................................................................................
199,565 
199,565 
013 
MLRS MODS ......................................................................................
2,466 
2,466 
014 
HIMARS MODIFICATIONS ..............................................................
6,068 
6,068 
SPARES AND REPAIR PARTS 
016 
SPARES AND REPAIR PARTS ........................................................
7,864 
7,864 
SUPPORT EQUIPMENT & FACILITIES 
017 
AIR DEFENSE TARGETS .................................................................
3,864 
3,864 
018 
ITEMS LESS THAN $5 MILLION (MISSILES) ..............................
1,560 
1,560 
019 
PRODUCTION BASE SUPPORT ......................................................
5,200 
5,200 
TOTAL MISSILE PROCUREMENT, ARMY ....................
1,302,689 
1,352,689 
PROCUREMENT OF W&TCV, ARMY 
TRACKED COMBAT VEHICLES 
001 
STRYKER VEHICLE .........................................................................
286,818 
286,818 
MODIFICATION OF TRACKED COMBAT VEHICLES 
003 
STRYKER (MOD) ...............................................................................
60,881 
60,881 
004 
FIST VEHICLE (MOD) ......................................................................
57,257 
57,257 
005 
BRADLEY PROGRAM (MOD) ..........................................................
148,193 
288,193 
Program increase .........................................................................
[140,000 
] 
006 
HOWITZER, MED SP FT 155MM M109A6 (MOD) ........................
10,341 
10,341 
007 
PALADIN PIM MOD IN SERVICE ..................................................
206,101 
206,101 
008 
IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ...........
107,909 
169,909 
Program increase .........................................................................
[62,000 
] 
009 
ASSAULT BREACHER VEHICLE ...................................................
50,039 
50,039 
010 
M88 FOV MODS .................................................................................
29,930 
29,930 
011 
M1 ABRAMS TANK (MOD) ..............................................................
129,090 
129,090 
012 
ABRAMS UPGRADE PROGRAM .....................................................
74,433 
210,433 
Program increase .........................................................................
[136,000 
] 
SUPPORT EQUIPMENT & FACILITIES 
013 
PRODUCTION BASE SUPPORT (TCV-WTCV) ..............................
1,145 
1,145 
WEAPONS & OTHER COMBAT VEHICLES 
014 
INTEGRATED AIR BURST WEAPON SYSTEM FAMILY ............
506 
506 
017 
LIGHTWEIGHT .50 CALIBER MACHINE GUN ............................
25,183 
0 
Program termination ...................................................................
[–25,183 
] 
019 
MORTAR SYSTEMS ..........................................................................
8,104 
8,104 
021 
XM320 GRENADE LAUNCHER MODULE (GLM) ........................
14,096 
14,096 
024 
CARBINE ............................................................................................
21,272 
21,272 
025 
SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS) ..............
6,598 
6,598 
026 
COMMON REMOTELY OPERATED WEAPONS STATION .........
56,725 
56,725 
027 
HOWITZER LT WT 155MM (T) ........................................................
13,827 
13,827 
MOD OF WEAPONS AND OTHER COMBAT VEH 
029 
M777 MODS ........................................................................................
26,843 
26,843 
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126 STAT. 2233 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
030 
M4 CARBINE MODS .........................................................................
27,243 
27,243 
031 
M2 50 CAL MACHINE GUN MODS ................................................
39,974 
39,974 
032 
M249 SAW MACHINE GUN MODS ................................................
4,996 
4,996 
033 
M240 MEDIUM MACHINE GUN MODS ........................................
6,806 
6,806 
034 
SNIPER RIFLES MODIFICATIONS ................................................
14,113 
14,113 
035 
M119 MODIFICATIONS ....................................................................
20,727 
20,727 
036 
M16 RIFLE MODS .............................................................................
3,306 
3,306 
037 
MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ................
3,072 
3,072 
SUPPORT EQUIPMENT & FACILITIES 
038 
ITEMS LESS THAN $5 MILLION (WOCV-WTCV) ........................
2,026 
2,026 
039 
PRODUCTION BASE SUPPORT (WOCV-WTCV) ..........................
10,115 
10,115 
040 
INDUSTRIAL PREPAREDNESS ......................................................
442 
442 
041 
SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) ..................
2,378 
2,378 
SPARES 
042 
SPARES AND REPAIR PARTS (WTCV) ..........................................
31,217 
31,217 
TOTAL PROCUREMENT OF W&TCV, ARMY ...............
1,501,706 
1,814,523 
PROCUREMENT OF AMMUNITION, ARMY 
SMALL/MEDIUM CAL AMMUNITION 
001 
CTG, 5.56MM, ALL TYPES ...............................................................
158,313 
123,513 
Unit cost savings .........................................................................
[–34,800 
] 
002 
CTG, 7.62MM, ALL TYPES ...............................................................
91,438 
91,438 
003 
CTG, HANDGUN, ALL TYPES .........................................................
8,954 
8,954 
004 
CTG, .50 CAL, ALL TYPES ...............................................................
109,604 
109,604 
005 
CTG, 20MM, ALL TYPES ..................................................................
4,041 
4,041 
006 
CTG, 25MM, ALL TYPES ..................................................................
12,654 
12,654 
007 
CTG, 30MM, ALL TYPES ..................................................................
72,154 
54,154 
Pricing adjustments for target practice round and light- 
weight dual-purpose round.
[–18,000 
] 
008 
CTG, 40MM, ALL TYPES ..................................................................
60,138 
0 
Decrease for excess ......................................................................
[–60,138 
] 
MORTAR AMMUNITION 
009 
60MM MORTAR, ALL TYPES ..........................................................
44,375 
44,375 
010 
81MM MORTAR, ALL TYPES ..........................................................
27,471 
27,471 
011 
120MM MORTAR, ALL TYPES ........................................................
87,811 
87,811 
TANK AMMUNITION 
012 
CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ..........
112,380 
112,380 
ARTILLERY AMMUNITION 
013 
ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP .......
50,861 
50,861 
014 
ARTILLERY PROJECTILE, 155MM, ALL TYPES .........................
26,227 
26,227 
015 
PROJ 155MM EXTENDED RANGE XM982 ...................................
110,329 
55,329 
Excalibur I-b round schedule delay ...........................................
[–55,000 
] 
016 
ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL .......
43,924 
43,924 
MINES 
017 
MINES & CLEARING CHARGES, ALL TYPES .............................
3,775 
3,775 
NETWORKED MUNITIONS 
018 
SPIDER NETWORK MUNITIONS, ALL TYPES ............................
17,408 
17,408 
ROCKETS 
019 
SHOULDER LAUNCHED MUNITIONS, ALL TYPES ..................
1,005 
1,005 
020 
ROCKET, HYDRA 70, ALL TYPES ..................................................
123,433 
123,433 
OTHER AMMUNITION 
021 
DEMOLITION MUNITIONS, ALL TYPES ......................................
35,189 
35,189 
022 
GRENADES, ALL TYPES .................................................................
33,477 
33,477 
023 
SIGNALS, ALL TYPES ......................................................................
9,991 
9,991 
024 
SIMULATORS, ALL TYPES .............................................................
10,388 
10,388 
MISCELLANEOUS 
025 
AMMO COMPONENTS, ALL TYPES ..............................................
19,383 
19,383 
026 
NON-LETHAL AMMUNITION, ALL TYPES ..................................
7,336 
7,336 
027 
CAD/PAD ALL TYPES .......................................................................
6,641 
6,641 
028 
ITEMS LESS THAN $5 MILLION ...................................................
15,092 
15,092 
029 
AMMUNITION PECULIAR EQUIPMENT ......................................
15,692 
15,692 
030 
FIRST DESTINATION TRANSPORTATION (AMMO) ..................
14,107 
14,107 
031 
CLOSEOUT LIABILITIES ................................................................
106 
106 
PRODUCTION BASE SUPPORT 
032 
PROVISION OF INDUSTRIAL FACILITIES ..................................
220,171 
220,171 
033 
CONVENTIONAL MUNITIONS DEMILITARIZATION, ALL ......
182,461 
182,461 
034 
ARMS INITIATIVE ............................................................................
3,377 
3,377 
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126 STAT. 2234 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
TOTAL PROCUREMENT OF AMMUNITION, ARMY ..
1,739,706 
1,571,768 
OTHER PROCUREMENT, ARMY 
TACTICAL VEHICLES 
001 
SEMITRAILERS, FLATBED: ............................................................
7,097 
7,097 
002 
FAMILY OF MEDIUM TACTICAL VEH (FMTV) ..........................
346,115 
346,115 
003 
FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............
19,292 
19,292 
004 
FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...................
52,933 
52,933 
005 
PLS ESP ..............................................................................................
18,035 
18,035 
009 
TRUCK, TRACTOR, LINE HAUL, M915/M916 ..............................
3,619 
3,619 
010 
HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........
26,859 
26,859 
012 
TACTICAL WHEELED VEHICLE PROTECTION KITS ...............
69,163 
69,163 
013 
MODIFICATION OF IN SVC EQUIP ..............................................
91,754 
91,754 
NON-TACTICAL VEHICLES 
018 
PASSENGER CARRYING VEHICLES ............................................
2,548 
2,548 
019 
NONTACTICAL VEHICLES, OTHER .............................................
16,791 
16,791 
COMM—JOINT COMMUNICATIONS 
020 
JOINT COMBAT IDENTIFICATION MARKING SYSTEM ..........
10,061 
10,061 
021 
WIN-T—GROUND FORCES TACTICAL NETWORK ....................
892,635 
872,635 
Program adjustment ....................................................................
[–20,000 
] 
022 
SIGNAL MODERNIZATION PROGRAM ........................................
45,626 
45,626 
023 
JCSE EQUIPMENT (USREDCOM) ..................................................
5,143 
5,143 
COMM—SATELLITE COMMUNICATIONS 
024 
DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS .......
151,636 
151,636 
025 
TRANSPORTABLE 
TACTICAL 
COMMAND 
COMMUNICA-
TIONS.
6,822 
6,822 
026 
SHF TERM ..........................................................................................
9,108 
9,108 
028 
NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ...............
27,353 
27,353 
029 
SMART-T (SPACE) .............................................................................
98,656 
98,656 
031 
GLOBAL BRDCST SVC—GBS ..........................................................
47,131 
47,131 
032 
MOD OF IN-SVC EQUIP (TAC SAT) ...............................................
23,281 
23,281 
COMM—C3 SYSTEM 
034 
ARMY GLOBAL CMD & CONTROL SYS (AGCCS) .......................
10,848 
10,848 
COMM—COMBAT COMMUNICATIONS 
035 
ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) .............
979 
979 
036 
JOINT TACTICAL RADIO SYSTEM ................................................
556,250 
366,250 
Funding ahead of need ................................................................
[–190,000 
] 
037 
MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ...........
86,219 
86,219 
038 
RADIO TERMINAL SET, MIDS LVT(2) ..........................................
7,798 
7,798 
039 
SINCGARS FAMILY ..........................................................................
9,001 
9,001 
040 
AMC CRITICAL ITEMS—OPA2 .......................................................
24,601 
24,601 
041 
TRACTOR DESK ................................................................................
7,779 
7,779 
043 
SPIDER APLA REMOTE CONTROL UNIT ....................................
34,365 
24,365 
Funding ahead of need ................................................................
[–10,000 
] 
044 
SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS 
1,833 
1,833 
045 
TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM
12,984 
12,984 
047 
GUNSHOT DETECTION SYSTEM (GDS) ......................................
2,332 
2,332 
048 
RADIO, IMPROVED HF (COTS) FAMILY ......................................
1,132 
1,132 
049 
MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ................
22,899 
22,899 
COMM—INTELLIGENCE COMM 
051 
CI AUTOMATION ARCHITECTURE ..............................................
1,564 
1,564 
052 
RESERVE CA/MISO GPF EQUIPMENT .........................................
28,781 
28,781 
INFORMATION SECURITY 
053 
TSEC—ARMY KEY MGT SYS (AKMS) ...........................................
23,432 
23,432 
054 
INFORMATION SYSTEM SECURITY PROGRAM-ISSP ..............
43,897 
43,897 
COMM—LONG HAUL COMMUNICATIONS 
056 
TERRESTRIAL TRANSMISSION ....................................................
2,891 
2,891 
057 
BASE SUPPORT COMMUNICATIONS ...........................................
13,872 
13,872 
058 
WW TECH CON IMP PROG (WWTCIP) .........................................
9,595 
9,595 
COMM—BASE COMMUNICATIONS 
059 
INFORMATION SYSTEMS ...............................................................
142,133 
142,133 
061 
INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( ..
57,727 
57,727 
062 
PENTAGON INFORMATION MGT AND TELECOM ....................
5,000 
5,000 
ELECT EQUIP—TACT INT REL ACT (TIARA) 
065 
JTT/CIBS-M ........................................................................................
1,641 
1,641 
066 
PROPHET GROUND .........................................................................
48,797 
48,797 
069 
DCGS-A (MIP) ....................................................................................
184,007 
184,007 
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126 STAT. 2235 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
070 
JOINT TACTICAL GROUND STATION (JTAGS) ..........................
2,680 
2,680 
071 
TROJAN (MIP) ...................................................................................
21,483 
21,483 
072 
MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................
2,412 
2,412 
073 
CI HUMINT AUTO REPRINTING AND COLLECTION ...............
7,077 
7,077 
ELECT EQUIP—ELECTRONIC WARFARE (EW) 
075 
LIGHTWEIGHT COUNTER MORTAR RADAR ..............................
72,594 
72,594 
076 
CREW ..................................................................................................
15,446 
15,446 
078 
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 
1,470 
1,470 
079 
CI MODERNIZATION .......................................................................
1,368 
1,368 
ELECT EQUIP—TACTICAL SURV. (TAC SURV) 
080 
FAAD GBS ..........................................................................................
7,980 
7,980 
081 
SENTINEL MODS .............................................................................
33,444 
33,444 
082 
SENSE THROUGH THE WALL (STTW) .........................................
6,212 
0 
Slow execution of prior years appropriations ............................
[–6,212 
] 
083 
NIGHT VISION DEVICES ................................................................
166,516 
166,516 
085 
NIGHT VISION, THERMAL WPN SIGHT ......................................
82,162 
82,162 
086 
SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF .............
20,717 
20,717 
089 
GREEN LASER INTERDICTION SYSTEM (GLIS) .......................
1,014 
1,014 
090 
INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS .............
29,881 
29,881 
091 
PROFILER ..........................................................................................
12,482 
12,482 
092 
MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ......................
3,075 
3,075 
094 
JOINT BATTLE COMMAND—PLATFORM (JBC-P) .....................
141,385 
141,385 
096 
MOD OF IN-SVC EQUIP (LLDR) .....................................................
22,403 
22,403 
098 
MORTAR FIRE CONTROL SYSTEM ..............................................
29,505 
29,505 
099 
COUNTERFIRE RADARS .................................................................
244,409 
244,409 
100 
ENHANCED SENSOR & MONITORING SYSTEM (WMD) EN-
HANCED SENSOR & MONITORING SYSTEM (WMD).
2,426 
2,426 
ELECT EQUIP—TACTICAL C2 SYSTEMS 
101 
TACTICAL OPERATIONS CENTERS .............................................
30,196 
30,196 
102 
FIRE SUPPORT C2 FAMILY ............................................................
58,903 
58,903 
103 
BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM ........
8,111 
8,111 
104 
FAAD C2 .............................................................................................
5,031 
5,031 
105 
AIR & MSL DEFENSE PLANNING & CONTROL SYS ................
64,144 
64,144 
106 
KNIGHT FAMILY ..............................................................................
11,999 
11,999 
107 
LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................
1,853 
1,853 
108 
AUTOMATIC IDENTIFICATION TECHNOLOGY .........................
14,377 
14,377 
111 
NETWORK MANAGEMENT INITIALIZATION AND SERVICE
59,821 
59,821 
112 
MANEUVER CONTROL SYSTEM (MCS) .......................................
51,228 
51,228 
113 
SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ......................
176,901 
176,901 
114 
RECONNAISSANCE AND SURVEYING INSTRUMENT SET .....
15,209 
15,209 
ELECT EQUIP—AUTOMATION 
115 
ARMY TRAINING MODERNIZATION ............................................
8,866 
8,866 
116 
AUTOMATED DATA PROCESSING EQUIP ..................................
129,438 
129,438 
117 
GENERAL FUND ENTERPRISE BUSINESS SYS FAM ...............
9,184 
9,184 
118 
CSS COMMUNICATIONS .................................................................
20,639 
20,639 
119 
RESERVE COMPONENT AUTOMATION SYS (RCAS) ................
35,493 
35,493 
ELECT EQUIP—AUDIO VISUAL SYS (A/V) 
120 
ITEMS LESS THAN $5 MILLION (A/V) .........................................
8,467 
8,467 
121 
ITEMS LESS THAN $5 MILLION ...................................................
5,309 
5,309 
ELECT EQUIP—SUPPORT 
122 
PRODUCTION BASE SUPPORT (C-E) ............................................
586 
586 
CLASSIFIED PROGRAMS 
124A 
CLASSIFIED PROGRAMS ................................................................
3,435 
3,435 
CHEMICAL DEFENSIVE EQUIPMENT 
126 
FAMILY OF NON-LETHAL EQUIPMENT (FNLE) .......................
3,960 
3,960 
127 
BASE DEFENSE SYSTEMS (BDS) ..................................................
4,374 
4,374 
128 
CBRN SOLDIER PROTECTION ......................................................
9,259 
9,259 
BRIDGING EQUIPMENT 
130 
TACTICAL BRIDGING ......................................................................
35,499 
35,499 
131 
TACTICAL BRIDGE, FLOAT-RIBBON ...........................................
32,893 
32,893 
ENGINEER (NON-CONSTRUCTION) EQUIPMENT 
134 
ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) ..........................
29,106 
29,106 
135 
EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ...
25,459 
25,459 
136 
REMOTE DEMOLITION SYSTEMS ................................................
8,044 
8,044 
137 
< $5M, COUNTERMINE EQUIPMENT ...........................................
3,698 
3,698 
COMBAT SERVICE SUPPORT EQUIPMENT 
138 
HEATERS AND ECU’S ......................................................................
12,210 
12,210 
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126 STAT. 2236 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
139 
SOLDIER ENHANCEMENT .............................................................
6,522 
6,522 
140 
PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ...............
11,222 
11,222 
141 
GROUND SOLDIER SYSTEM ..........................................................
103,317 
103,317 
144 
FIELD FEEDING EQUIPMENT ......................................................
27,417 
27,417 
145 
CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM
52,065 
52,065 
146 
MORTUARY AFFAIRS SYSTEMS ...................................................
2,358 
2,358 
147 
FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ......
31,573 
31,573 
148 
ITEMS LESS THAN $5 MILLION ...................................................
14,093 
14,093 
PETROLEUM EQUIPMENT 
149 
DISTRIBUTION SYSTEMS, PETROLEUM & WATER .................
36,266 
36,266 
MEDICAL EQUIPMENT 
150 
COMBAT SUPPORT MEDICAL .......................................................
34,101 
34,101 
151 
MEDEVAC MISSON EQUIPMENT PACKAGE (MEP) ..................
20,540 
20,540 
MAINTENANCE EQUIPMENT 
152 
MOBILE MAINTENANCE EQUIPMENT SYSTEMS ....................
2,495 
2,495 
CONSTRUCTION EQUIPMENT 
154 
GRADER, ROAD MTZD, HVY, 6X4 (CCE) ......................................
2,028 
2,028 
156 
SCRAPERS, EARTHMOVING ..........................................................
6,146 
6,146 
157 
MISSION MODULES—ENGINEERING .........................................
31,200 
31,200 
161 
TRACTOR, FULL TRACKED ............................................................
20,867 
20,867 
162 
ALL TERRAIN CRANES ...................................................................
4,003 
4,003 
163 
PLANT, ASPHALT MIXING .............................................................
3,679 
3,679 
164 
HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ..................
30,042 
30,042 
165 
ENHANCED RAPID AIRFIELD CONSTRUCTION CAPA ............
13,725 
13,725 
166 
CONST EQUIP ESP ...........................................................................
13,351 
13,351 
167 
ITEMS LESS THAN $5 MILLION (CONST EQUIP) .....................
9,134 
9,134 
RAIL FLOAT CONTAINERIZATION EQUIPMENT 
170 
ITEMS LESS THAN $5 MILLION (FLOAT/RAIL) .........................
10,552 
10,552 
GENERATORS 
171 
GENERATORS AND ASSOCIATED EQUIP ...................................
60,302 
60,302 
MATERIAL HANDLING EQUIPMENT 
173 
FAMILY OF FORKLIFTS ..................................................................
5,895 
5,895 
TRAINING EQUIPMENT 
175 
COMBAT TRAINING CENTERS SUPPORT ...................................
104,649 
104,649 
176 
TRAINING DEVICES, NONSYSTEM ..............................................
125,251 
125,251 
177 
CLOSE COMBAT TACTICAL TRAINER .........................................
19,984 
19,984 
178 
AVIATION COMBINED ARMS TACTICAL TRAINER ..................
10,977 
10,977 
179 
GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ..
4,056 
4,056 
TEST MEASURE AND DIG EQUIPMENT (TMD) 
180 
CALIBRATION SETS EQUIPMENT ................................................
10,494 
10,494 
181 
INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ..............
45,508 
45,508 
182 
TEST EQUIPMENT MODERNIZATION (TEMOD) .......................
24,334 
24,334 
OTHER SUPPORT EQUIPMENT 
183 
RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT .............
5,078 
5,078 
184 
PHYSICAL SECURITY SYSTEMS (OPA3) .....................................
46,301 
46,301 
185 
BASE LEVEL COMMON EQUIPMENT ..........................................
1,373 
1,373 
186 
MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ....................
59,141 
59,141 
187 
PRODUCTION BASE SUPPORT (OTH) ..........................................
2,446 
2,446 
188 
SPECIAL EQUIPMENT FOR USER TESTING ..............................
12,920 
12,920 
189 
AMC CRITICAL ITEMS OPA3 .........................................................
19,180 
19,180 
190 
TRACTOR YARD ................................................................................
7,368 
7,368 
191 
UNMANNED GROUND VEHICLE ..................................................
83,937 
83,937 
OPA2 
193 
INITIAL SPARES—C&E ...................................................................
64,507 
64,507 
PRIOR YEAR SAVINGS 
UNDISTRIBUTED 
194 
EMERGENCY MANAGEMENT MODERNIZATION PROGRAM
52,000 
Army requested transfer from Operation and Maintenance, 
Army, line 100.
[52,000 
] 
TOTAL OTHER PROCUREMENT, ARMY ......................
6,326,245 
6,152,033 
JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 
STAFF AND INFRASTRUCTURE 
004 
OPERATIONS .....................................................................................
227,414 
0 
Transfer of funds to title 15 .......................................................
[–227,414 
] 
TOTAL JOINT IMPR EXPLOSIVE DEV DEFEAT 
FUND.
227,414 
0 
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126 STAT. 2237 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
AIRCRAFT PROCUREMENT, NAVY 
COMBAT AIRCRAFT 
001 
EA–18G ................................................................................................
1,027,443 
1,014,443 
Engine cost growth ......................................................................
[–13,000 
] 
002 
ADVANCE PROCUREMENT (CY) ...............................................
45,000 
Program increase .........................................................................
[45,000 
] 
003 
F/A–18E/F (FIGHTER) HORNET .....................................................
2,035,131 
2,017,131 
Engine cost growth ......................................................................
[–12,000 
] 
Engineering Change Order excess funding ...............................
[–6,000 
] 
004 
ADVANCE PROCUREMENT (CY) ...............................................
30,296 
30,296 
005 
JOINT STRIKE FIGHTER CV ..........................................................
1,007,632 
988,832 
Excessive weapon system unit cost increase .............................
[–18,800 
] 
006 
ADVANCE PROCUREMENT (CY) ...............................................
65,180 
65,180 
007 
JSF STOVL .........................................................................................
1,404,737 
1,345,937 
Excessive weapon system unit cost increase .............................
[–58,800 
] 
008 
ADVANCE PROCUREMENT (CY) ...............................................
106,199 
106,199 
009 
V–22 (MEDIUM LIFT) .......................................................................
1,303,120 
1,291,380 
Flyaway unit cost savings ...........................................................
[–11,740 
] 
010 
ADVANCE PROCUREMENT (CY) ...............................................
154,202 
154,202 
011 
H–1 UPGRADES (UH–1Y/AH–1Z) ...................................................
720,933 
720,933 
012 
ADVANCE PROCUREMENT (CY) ...............................................
69,658 
69,658 
013 
MH–60S (MYP) ...................................................................................
384,792 
384,792 
014 
ADVANCE PROCUREMENT (CY) ...............................................
69,277 
69,277 
015 
MH–60R (MYP) ...................................................................................
656,866 
826,866 
Cruiser Retention—Restore 5 helicopters .................................
[170,000 
] 
016 
ADVANCE PROCUREMENT (CY) ...............................................
185,896 
185,896 
017 
P–8A POSEIDON ...............................................................................
2,420,755 
2,387,052 
Excess to need ..............................................................................
[–33,703 
] 
018 
ADVANCE PROCUREMENT (CY) ...............................................
325,679 
325,679 
019 
E–2D ADV HAWKEYE ......................................................................
861,498 
861,498 
020 
ADVANCE PROCUREMENT (CY) ...............................................
123,179 
123,179 
TRAINER AIRCRAFT 
022 
JPATS ..................................................................................................
278,884 
268,784 
Airframe cost growth ...................................................................
[–10,100 
] 
OTHER AIRCRAFT 
023 
KC–130J ..............................................................................................
3,000 
3,000 
024 
ADVANCE PROCUREMENT (CY) ...............................................
22,995 
22,995 
025 
ADVANCE PROCUREMENT (CY)—RQ–4 UAV .........................
51,124 
51,124 
026 
MQ–8 UAV ..........................................................................................
124,573 
124,573 
027 
STUASL0 UAV ...................................................................................
9,593 
9,593 
MODIFICATION OF AIRCRAFT 
028 
EA–6 SERIES .....................................................................................
30,062 
30,062 
029 
AEA SYSTEMS ...................................................................................
49,999 
49,999 
030 
AV–8 SERIES .....................................................................................
38,703 
38,703 
031 
ADVERSARY ......................................................................................
4,289 
4,289 
032 
F–18 SERIES ......................................................................................
647,306 
639,306 
ILS growth (OSIP 11–84) ............................................................
[–5,000 
] 
Other support funding growth (OSIP 001–10) ..........................
[–3,000 
] 
033 
H–46 SERIES ......................................................................................
2,343 
2,343 
034 
AH–1W SERIES .................................................................................
8,721 
8,721 
035 
H–53 SERIES ......................................................................................
45,567 
42,367 
Other Support cost growth .........................................................
[–3,200 
] 
036 
SH–60 SERIES ...................................................................................
83,527 
83,527 
037 
H–1 SERIES ........................................................................................
6,508 
6,508 
038 
EP–3 SERIES ......................................................................................
66,374 
66,374 
039 
P–3 SERIES ........................................................................................
148,405 
148,405 
040 
E–2 SERIES ........................................................................................
16,322 
16,322 
041 
TRAINER A/C SERIES ......................................................................
34,284 
34,284 
042 
C–2A ....................................................................................................
4,743 
4,743 
043 
C–130 SERIES ....................................................................................
60,302 
60,302 
044 
FEWSG ................................................................................................
670 
670 
045 
CARGO/TRANSPORT A/C SERIES ..................................................
26,311 
26,311 
046 
E–6 SERIES ........................................................................................
158,332 
155,842 
SLEP kit installation cost growth (OSIP 003–07) ....................
[–2,490 
] 
047 
EXECUTIVE HELICOPTERS SERIES ............................................
58,163 
58,163 
048 
SPECIAL PROJECT AIRCRAFT ......................................................
12,421 
12,421 
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126 STAT. 2238 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
049 
T–45 SERIES ......................................................................................
64,488 
59,488 
Avionics Obsolescence kit cost growth .......................................
[–2,000 
] 
Synthetic Radar kit cost growth ................................................
[–3,000 
] 
050 
POWER PLANT CHANGES ..............................................................
21,569 
21,569 
051 
JPATS SERIES ...................................................................................
1,552 
1,552 
052 
AVIATION LIFE SUPPORT MODS .................................................
2,473 
2,473 
053 
COMMON ECM EQUIPMENT .........................................................
114,690 
114,690 
054 
COMMON AVIONICS CHANGES ....................................................
96,183 
96,183 
056 
ID SYSTEMS ......................................................................................
39,846 
39,846 
057 
P–8 SERIES ........................................................................................
5,302 
5,302 
058 
MAGTF EW FOR AVIATION ............................................................
34,127 
34,127 
059 
RQ–7 SERIES .....................................................................................
49,324 
49,324 
060 
V–22 (TILT/ROTOR ACFT) OSPREY ...............................................
95,856 
95,856 
AIRCRAFT SPARES AND REPAIR PARTS 
061 
SPARES AND REPAIR PARTS ........................................................
1,166,430 
1,132,430 
Spares cost growth- F–35C, F–35B, E–2D ................................
[–34,000 
] 
AIRCRAFT SUPPORT EQUIP & FACILITIES 
062 
COMMON GROUND EQUIPMENT .................................................
387,195 
387,195 
063 
AIRCRAFT INDUSTRIAL FACILITIES ..........................................
23,469 
23,469 
064 
WAR CONSUMABLES ......................................................................
43,383 
43,383 
065 
OTHER PRODUCTION CHARGES ..................................................
3,399 
3,399 
066 
SPECIAL SUPPORT EQUIPMENT .................................................
32,274 
32,274 
067 
FIRST DESTINATION TRANSPORTATION ..................................
1,742 
1,742 
TOTAL AIRCRAFT PROCUREMENT, NAVY .................
17,129,296 
17,127,463 
WEAPONS PROCUREMENT, NAVY 
MODIFICATION OF MISSILES 
001 
TRIDENT II MODS ............................................................................
1,224,683 
1,214,683 
Tooling, test/support equipment growth ....................................
[–10,000 
] 
SUPPORT EQUIPMENT & FACILITIES 
002 
MISSILE INDUSTRIAL FACILITIES ..............................................
5,553 
5,553 
STRATEGIC MISSILES 
003 
TOMAHAWK ......................................................................................
308,970 
298,970 
Contract Savings .........................................................................
[–10,000 
] 
TACTICAL MISSILES 
004 
AMRAAM ............................................................................................
102,683 
97,390 
Captive air training missile cost growth ...................................
[–5,293 
] 
005 
SIDEWINDER ....................................................................................
80,226 
74,267 
All Up Round Missile Cost Growth ............................................
[–3,847 
] 
Captive Air Training Missile Cost Growth ...............................
[–2,112 
] 
006 
JSOW ...................................................................................................
127,609 
127,609 
007 
STANDARD MISSILE .......................................................................
399,482 
399,482 
008 
RAM .....................................................................................................
66,769 
66,769 
009 
HELLFIRE ..........................................................................................
74,501 
74,501 
011 
AERIAL TARGETS ............................................................................
61,518 
61,518 
012 
OTHER MISSILE SUPPORT ............................................................
3,585 
3,585 
MODIFICATION OF MISSILES 
013 
ESSM ...................................................................................................
58,194 
58,194 
014 
HARM MODS .....................................................................................
86,721 
86,721 
SUPPORT EQUIPMENT & FACILITIES 
016 
WEAPONS INDUSTRIAL FACILITIES ..........................................
2,014 
2,014 
017 
FLEET SATELLITE COMM FOLLOW-ON .....................................
21,454 
21,454 
ORDNANCE SUPPORT EQUIPMENT 
018 
ORDNANCE SUPPORT EQUIPMENT ............................................
54,945 
54,945 
TORPEDOES AND RELATED EQUIP 
019 
SSTD ....................................................................................................
2,700 
2,700 
020 
ASW TARGETS ..................................................................................
10,385 
10,385 
MOD OF TORPEDOES AND RELATED EQUIP 
021 
MK–54 TORPEDO MODS .................................................................
74,487 
74,487 
022 
MK–48 TORPEDO ADCAP MODS ...................................................
54,281 
54,281 
023 
QUICKSTRIKE MINE .......................................................................
6,852 
6,852 
SUPPORT EQUIPMENT 
024 
TORPEDO SUPPORT EQUIPMENT ...............................................
46,402 
46,402 
025 
ASW RANGE SUPPORT ...................................................................
11,927 
11,927 
DESTINATION TRANSPORTATION 
026 
FIRST DESTINATION TRANSPORTATION ..................................
3,614 
3,614 
GUNS AND GUN MOUNTS 
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126 STAT. 2239 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
027 
SMALL ARMS AND WEAPONS .......................................................
12,594 
12,594 
MODIFICATION OF GUNS AND GUN MOUNTS 
028 
CIWS MODS .......................................................................................
59,303 
67,003 
Buy additional ordnance alteration kits ....................................
[7,700 
] 
029 
COAST GUARD WEAPONS ..............................................................
19,072 
19,072 
030 
GUN MOUNT MODS .........................................................................
54,706 
54,706 
031 
CRUISER MODERNIZATION WEAPONS ......................................
1,591 
19,622 
Cruiser retention—5″/62 Upgrade ..............................................
[18,031 
] 
032 
AIRBORNE MINE NEUTRALIZATION SYSTEMS .......................
20,607 
20,607 
SPARES AND REPAIR PARTS 
034 
SPARES AND REPAIR PARTS ........................................................
60,150 
60,150 
TOTAL WEAPONS PROCUREMENT, NAVY .................
3,117,578 
3,112,057 
SHIPBUILDING & CONVERSION, NAVY 
OTHER WARSHIPS 
001 
CARRIER REPLACEMENT PROGRAM ..........................................
608,195 
605,295 
SEWIP block 2 growth ................................................................
[–2,900 
] 
003 
VIRGINIA CLASS SUBMARINE ......................................................
3,217,601 
3,217,601 
004 
ADVANCE PROCUREMENT (CY) ...............................................
874,878 
1,652,557 
Advance procurement for 2nd SSN in FY 14 ............................
[777,679 
] 
005 
CVN REFUELING OVERHAULS ....................................................
1,613,392 
1,517,292 
Program decrease ........................................................................
[–96,100 
] 
006 
ADVANCE PROCUREMENT (CY) ...............................................
70,010 
70,010 
008 
DDG 1000 ............................................................................................
669,222 
669,222 
009 
DDG–51 ...............................................................................................
3,048,658 
3,048,658 
010 
ADVANCE PROCUREMENT (CY) ...............................................
466,283 
466,283 
011 
LITTORAL COMBAT SHIP ...............................................................
1,784,959 
1,784,959 
AMPHIBIOUS SHIPS 
015 
JOINT HIGH SPEED VESSEL .........................................................
189,196 
189,196 
AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 
017 
ADVANCE PROCUREMENT (CY) ...............................................
307,300 
307,300 
018 
OUTFITTING ......................................................................................
309,648 
309,648 
020 
LCAC SLEP ........................................................................................
47,930 
47,930 
021 
COMPLETION OF PY SHIPBUILDING PROGRAMS ...................
372,573 
372,573 
TOTAL SHIPBUILDING & CONVERSION, NAVY ........
13,579,845 
14,258,524 
PROCUREMENT OF AMMO, NAVY & MC 
NAVY AMMUNITION 
001 
GENERAL PURPOSE BOMBS .........................................................
27,024 
27,024 
002 
AIRBORNE ROCKETS, ALL TYPES ...............................................
56,575 
56,575 
003 
MACHINE GUN AMMUNITION ......................................................
21,266 
21,266 
004 
PRACTICE BOMBS ...........................................................................
34,319 
34,319 
005 
CARTRIDGES & CART ACTUATED DEVICES .............................
53,755 
53,755 
006 
AIR EXPENDABLE COUNTERMEASURES ..................................
61,693 
60,693 
ALE–55 cost growth ....................................................................
[–1,000 
] 
007 
JATOS .................................................................................................
2,776 
2,776 
008 
LRLAP 6″ LONG RANGE ATTACK PROJECTILE ........................
7,102 
7,102 
009 
5 INCH/54 GUN AMMUNITION ......................................................
48,320 
48,320 
010 
INTERMEDIATE CALIBER GUN AMMUNITION ........................
25,544 
25,544 
011 
OTHER SHIP GUN AMMUNITION ................................................
41,624 
38,884 
30MM x 173 linked cartridge contract delay ............................
[–2,740 
] 
012 
SMALL ARMS & LANDING PARTY AMMO ..................................
65,893 
65,247 
M18A1 mine cost growth ............................................................
[–646 
] 
013 
PYROTECHNIC AND DEMOLITION ..............................................
11,176 
11,176 
014 
AMMUNITION LESS THAN $5 MILLION .....................................
4,116 
4,116 
MARINE CORPS AMMUNITION 
015 
SMALL ARMS AMMUNITION .........................................................
83,733 
83,733 
016 
LINEAR CHARGES, ALL TYPES ....................................................
24,645 
24,645 
017 
40 MM, ALL TYPES ...........................................................................
16,201 
16,201 
019 
81MM, ALL TYPES ............................................................................
13,711 
3,711 
Excess to need ..............................................................................
[–10,000 
] 
020 
120MM, ALL TYPES ..........................................................................
12,557 
12,557 
022 
GRENADES, ALL TYPES .................................................................
7,634 
7,134 
Excess to need ..............................................................................
[–500 
] 
023 
ROCKETS, ALL TYPES ....................................................................
27,528 
27,528 
024 
ARTILLERY, ALL TYPES .................................................................
93,065 
76,459 
Prior year funds available ..........................................................
[–16,606 
] 
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126 STAT. 2240 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
025 
DEMOLITION MUNITIONS, ALL TYPES ......................................
2,047 
0 
Excess to need ..............................................................................
[–2,047 
] 
026 
FUZE, ALL TYPES ............................................................................
5,297 
5,297 
027 
NON LETHALS ..................................................................................
1,362 
1,362 
028 
AMMO MODERNIZATION ...............................................................
4,566 
4,566 
029 
ITEMS LESS THAN $5 MILLION ...................................................
6,010 
6,010 
TOTAL PROCUREMENT OF AMMO, NAVY & MC ......
759,539 
726,000 
OTHER PROCUREMENT, NAVY 
SHIP PROPULSION EQUIPMENT 
001 
LM–2500 GAS TURBINE ..................................................................
10,658 
10,658 
002 
ALLISON 501K GAS TURBINE .......................................................
8,469 
8,469 
NAVIGATION EQUIPMENT 
003 
OTHER NAVIGATION EQUIPMENT ..............................................
23,392 
23,392 
PERISCOPES 
004 
SUB PERISCOPES & IMAGING EQUIP ........................................
53,809 
53,809 
OTHER SHIPBOARD EQUIPMENT 
005 
DDG MOD ...........................................................................................
452,371 
452,371 
006 
FIREFIGHTING EQUIPMENT ........................................................
16,958 
16,958 
007 
COMMAND AND CONTROL SWITCHBOARD ..............................
2,492 
2,492 
008 
POLLUTION CONTROL EQUIPMENT ...........................................
20,707 
20,707 
009 
SUBMARINE SUPPORT EQUIPMENT ..........................................
12,046 
12,046 
010 
VIRGINIA CLASS SUPPORT EQUIPMENT ...................................
79,870 
79,870 
011 
LCS CLASS SUPPORT EQUIPMENT .............................................
19,865 
19,865 
012 
SUBMARINE BATTERIES ...............................................................
41,522 
41,522 
013 
LPD CLASS SUPPORT EQUIPMENT .............................................
30,543 
30,543 
014 
STRATEGIC PLATFORM SUPPORT EQUIP .................................
16,257 
16,257 
015 
DSSP EQUIPMENT ...........................................................................
3,630 
3,630 
016 
CG MODERNIZATION ......................................................................
101,000 
184,972 
Cruiser retention .........................................................................
[83,972 
] 
017 
LCAC ...................................................................................................
16,645 
16,645 
018 
UNDERWATER EOD PROGRAMS ..................................................
35,446 
35,446 
019 
ITEMS LESS THAN $5 MILLION ...................................................
65,998 
65,998 
020 
CHEMICAL WARFARE DETECTORS ............................................
4,359 
4,359 
021 
SUBMARINE LIFE SUPPORT SYSTEM ........................................
10,218 
10,218 
REACTOR PLANT EQUIPMENT 
022 
REACTOR POWER UNITS ...............................................................
286,859 
286,859 
023 
REACTOR COMPONENTS ...............................................................
278,503 
278,503 
OCEAN ENGINEERING 
024 
DIVING AND SALVAGE EQUIPMENT ..........................................
8,998 
8,998 
SMALL BOATS 
025 
STANDARD BOATS ...........................................................................
30,131 
30,131 
TRAINING EQUIPMENT 
026 
OTHER SHIPS TRAINING EQUIPMENT ......................................
29,772 
29,772 
PRODUCTION FACILITIES EQUIPMENT 
027 
OPERATING FORCES IPE ...............................................................
64,346 
64,346 
OTHER SHIP SUPPORT 
028 
NUCLEAR ALTERATIONS ...............................................................
154,652 
154,652 
029 
LCS COMMON MISSION MODULES EQUIPMENT ....................
31,319 
31,319 
030 
LCS MCM MISSION MODULES .....................................................
38,392 
38,392 
031 
LCS SUW MISSION MODULES ......................................................
32,897 
32,897 
LOGISTIC SUPPORT 
032 
LSD MIDLIFE ....................................................................................
49,758 
49,758 
SHIP SONARS 
034 
SPQ–9B RADAR .................................................................................
19,777 
19,777 
035 
AN/SQQ–89 SURF ASW COMBAT SYSTEM ..................................
89,201 
89,201 
036 
SSN ACOUSTICS ...............................................................................
190,874 
190,874 
037 
UNDERSEA WARFARE SUPPORT EQUIPMENT ........................
17,035 
17,035 
038 
SONAR SWITCHES AND TRANSDUCERS ....................................
13,410 
13,410 
ASW ELECTRONIC EQUIPMENT 
040 
SUBMARINE ACOUSTIC WARFARE SYSTEM ............................
21,489 
19,532 
Contract award delays for launch tube and MK3 ....................
[–1,957 
] 
041 
SSTD ....................................................................................................
10,716 
10,716 
042 
FIXED SURVEILLANCE SYSTEM ..................................................
98,896 
98,896 
043 
SURTASS ............................................................................................
2,774 
2,774 
044 
MARITIME PATROL AND RECONNSAISANCE FORCE ............
18,428 
18,428 
ELECTRONIC WARFARE EQUIPMENT 
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126 STAT. 2241 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
045 
AN/SLQ–32 ..........................................................................................
92,270 
92,270 
RECONNAISSANCE EQUIPMENT 
046 
SHIPBOARD IW EXPLOIT ...............................................................
107,060 
107,060 
047 
AUTOMATED IDENTIFICATION SYSTEM (AIS) .........................
914 
914 
SUBMARINE SURVEILLANCE EQUIPMENT 
048 
SUBMARINE SUPPORT EQUIPMENT PROG ...............................
34,050 
34,050 
OTHER SHIP ELECTRONIC EQUIPMENT 
049 
COOPERATIVE ENGAGEMENT CAPABILITY .............................
27,881 
22,191 
Excess PAAA backfit installation funding ................................
[–615 
] 
Excess signal data processor backfit kit installation funding
[–2,725 
] 
Signal data processor backfit kit contract delay .......................
[–1,350 
] 
Support funding carryover ..........................................................
[–1,000 
] 
050 
TRUSTED INFORMATION SYSTEM (TIS) ....................................
448 
448 
051 
NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ...
35,732 
35,732 
053 
NAVY COMMAND AND CONTROL SYSTEM (NCCS) .................
9,533 
9,533 
054 
MINESWEEPING SYSTEM REPLACEMENT ................................
60,111 
60,111 
055 
SHALLOW WATER MCM .................................................................
6,950 
6,950 
056 
NAVSTAR GPS RECEIVERS (SPACE) ............................................
9,089 
9,089 
057 
AMERICAN FORCES RADIO AND TV SERVICE .........................
7,768 
7,768 
058 
STRATEGIC PLATFORM SUPPORT EQUIP .................................
3,614 
3,614 
TRAINING EQUIPMENT 
059 
OTHER TRAINING EQUIPMENT ...................................................
42,911 
42,911 
AVIATION ELECTRONIC EQUIPMENT 
060 
MATCALS ...........................................................................................
5,861 
5,861 
061 
SHIPBOARD AIR TRAFFIC CONTROL ..........................................
8,362 
8,362 
062 
AUTOMATIC CARRIER LANDING SYSTEM ................................
15,685 
15,685 
063 
NATIONAL AIR SPACE SYSTEM ...................................................
16,919 
16,919 
064 
FLEET AIR TRAFFIC CONTROL SYSTEMS .................................
6,828 
6,828 
065 
LANDING SYSTEMS .........................................................................
7,646 
7,646 
066 
ID SYSTEMS ......................................................................................
35,474 
35,474 
067 
NAVAL MISSION PLANNING SYSTEMS ......................................
9,958 
9,958 
OTHER SHORE ELECTRONIC EQUIPMENT 
068 
DEPLOYABLE JOINT COMMAND AND CONT ............................
9,064 
9,064 
069 
MARITIME INTEGRATED BROADCAST SYSTEM ......................
16,026 
16,026 
070 
TACTICAL/MOBILE C4I SYSTEMS ................................................
11,886 
11,886 
071 
DCGS-N ...............................................................................................
11,887 
11,887 
072 
CANES .................................................................................................
341,398 
320,874 
Contract delay (DDG–51 class) ..................................................
[–7,734 
] 
Contract delay (LHD–7) ..............................................................
[–8,305 
] 
Excess ADNS installation (afloat) funding ................................
[–2,070 
] 
Excess ADNS installation (ashore) funding ..............................
[–2,415 
] 
073 
RADIAC ...............................................................................................
8,083 
8,083 
074 
CANES-INTELL .................................................................................
79,427 
79,427 
075 
GPETE .................................................................................................
6,083 
6,083 
076 
INTEG COMBAT SYSTEM TEST FACILITY .................................
4,495 
4,495 
077 
EMI CONTROL INSTRUMENTATION ...........................................
4,767 
4,767 
078 
ITEMS LESS THAN $5 MILLION ...................................................
81,755 
81,755 
SHIPBOARD COMMUNICATIONS 
080 
SHIP COMMUNICATIONS AUTOMATION ...................................
56,870 
56,870 
081 
MARITIME DOMAIN AWARENESS (MDA) ...................................
1,063 
1,063 
082 
COMMUNICATIONS ITEMS UNDER $5M ....................................
28,522 
28,522 
SUBMARINE COMMUNICATIONS 
083 
SUBMARINE BROADCAST SUPPORT ...........................................
4,183 
4,183 
084 
SUBMARINE COMMUNICATION EQUIPMENT ..........................
69,025 
69,025 
SATELLITE COMMUNICATIONS 
085 
SATELLITE COMMUNICATIONS SYSTEMS ................................
49,294 
51,294 
SPIDERNet/Spectral Warrior Hardware ...................................
[2,000 
] 
086 
NAVY MULTIBAND TERMINAL (NMT) ........................................
184,825 
184,825 
SHORE COMMUNICATIONS 
087 
JCS COMMUNICATIONS EQUIPMENT ........................................
2,180 
2,180 
088 
ELECTRICAL POWER SYSTEMS ...................................................
1,354 
1,354 
CRYPTOGRAPHIC EQUIPMENT 
090 
INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................
144,104 
144,104 
CRYPTOLOGIC EQUIPMENT 
091 
CRYPTOLOGIC COMMUNICATIONS EQUIP ...............................
12,604 
12,604 
OTHER ELECTRONIC SUPPORT 
092 
COAST GUARD EQUIPMENT .........................................................
6,680 
6,680 
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126 STAT. 2242 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
SONOBUOYS 
095 
SONOBUOYS—ALL TYPES .............................................................
104,677 
104,677 
AIRCRAFT SUPPORT EQUIPMENT 
096 
WEAPONS RANGE SUPPORT EQUIPMENT ................................
70,753 
70,753 
097 
EXPEDITIONARY AIRFIELDS ........................................................
8,678 
8,678 
098 
AIRCRAFT REARMING EQUIPMENT ...........................................
11,349 
11,349 
099 
AIRCRAFT LAUNCH & RECOVERY EQUIPMENT ......................
82,618 
81,980 
ADMACS installation cost growth .............................................
[–638 
] 
100 
METEOROLOGICAL EQUIPMENT .................................................
18,339 
18,339 
101 
DCRS/DPL ...........................................................................................
1,414 
1,414 
102 
AVIATION LIFE SUPPORT ..............................................................
40,475 
40,475 
103 
AIRBORNE MINE COUNTERMEASURES ....................................
61,552 
61,552 
104 
LAMPS MK III SHIPBOARD EQUIPMENT ...................................
18,771 
18,771 
105 
PORTABLE ELECTRONIC MAINTENANCE AIDS ......................
7,954 
7,954 
106 
OTHER AVIATION SUPPORT EQUIPMENT ................................
10,023 
10,023 
107 
AUTONOMIC LOGISTICS INFORMATION SYSTEM (ALIS) ......
3,826 
3,826 
SHIP GUN SYSTEM EQUIPMENT 
108 
NAVAL FIRES CONTROL SYSTEM ...............................................
3,472 
3,472 
109 
GUN FIRE CONTROL EQUIPMENT ..............................................
4,528 
4,528 
SHIP MISSILE SYSTEMS EQUIPMENT 
110 
NATO SEASPARROW .......................................................................
8,960 
8,960 
111 
RAM GMLS .........................................................................................
1,185 
1,185 
112 
SHIP SELF DEFENSE SYSTEM .....................................................
55,371 
55,371 
113 
AEGIS SUPPORT EQUIPMENT ......................................................
81,614 
81,614 
114 
TOMAHAWK SUPPORT EQUIPMENT ...........................................
77,767 
72,267 
Production support funding growth ...........................................
[–5,500 
] 
115 
VERTICAL LAUNCH SYSTEMS ......................................................
754 
754 
116 
MARITIME INTEGRATED PLANNING SYSTEM-MIPS ..............
4,965 
4,965 
FBM SUPPORT EQUIPMENT 
117 
STRATEGIC MISSILE SYSTEMS EQUIP ......................................
181,049 
181,049 
ASW SUPPORT EQUIPMENT 
118 
SSN COMBAT CONTROL SYSTEMS ..............................................
71,316 
71,316 
119 
SUBMARINE ASW SUPPORT EQUIPMENT .................................
4,018 
4,018 
120 
SURFACE ASW SUPPORT EQUIPMENT ......................................
6,465 
6,465 
121 
ASW RANGE SUPPORT EQUIPMENT ...........................................
47,930 
47,930 
OTHER ORDNANCE SUPPORT EQUIPMENT 
122 
EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...............................
3,579 
3,579 
123 
ITEMS LESS THAN $5 MILLION ...................................................
3,125 
3,125 
OTHER EXPENDABLE ORDNANCE 
124 
ANTI-SHIP MISSILE DECOY SYSTEM ..........................................
31,743 
29,743 
Support funding growth ..............................................................
[–2,000 
] 
125 
SURFACE TRAINING DEVICE MODS ...........................................
34,174 
34,174 
126 
SUBMARINE TRAINING DEVICE MODS .....................................
23,450 
23,450 
CIVIL ENGINEERING SUPPORT EQUIPMENT 
127 
PASSENGER CARRYING VEHICLES ............................................
7,158 
7,158 
128 
GENERAL PURPOSE TRUCKS .......................................................
3,325 
3,325 
129 
CONSTRUCTION & MAINTENANCE EQUIP ...............................
8,692 
8,692 
130 
FIRE FIGHTING EQUIPMENT .......................................................
14,533 
14,533 
131 
TACTICAL VEHICLES ......................................................................
15,330 
15,330 
132 
AMPHIBIOUS EQUIPMENT ............................................................
10,803 
10,803 
133 
POLLUTION CONTROL EQUIPMENT ...........................................
7,265 
7,265 
134 
ITEMS UNDER $5 MILLION ...........................................................
15,252 
15,252 
135 
PHYSICAL SECURITY VEHICLES .................................................
1,161 
1,161 
SUPPLY SUPPORT EQUIPMENT 
136 
MATERIALS HANDLING EQUIPMENT ........................................
15,204 
15,204 
137 
OTHER SUPPLY SUPPORT EQUIPMENT ....................................
6,330 
6,330 
138 
FIRST DESTINATION TRANSPORTATION ..................................
6,539 
6,539 
139 
SPECIAL PURPOSE SUPPLY SYSTEMS .......................................
34,804 
34,804 
TRAINING DEVICES 
140 
TRAINING SUPPORT EQUIPMENT ...............................................
25,444 
25,444 
COMMAND SUPPORT EQUIPMENT 
141 
COMMAND SUPPORT EQUIPMENT .............................................
43,165 
43,165 
142 
EDUCATION SUPPORT EQUIPMENT ...........................................
2,251 
2,251 
143 
MEDICAL SUPPORT EQUIPMENT ................................................
3,148 
3,148 
146 
NAVAL MIP SUPPORT EQUIPMENT ............................................
3,502 
3,502 
148 
OPERATING FORCES SUPPORT EQUIPMENT ...........................
15,696 
15,696 
149 
C4ISR EQUIPMENT ..........................................................................
4,344 
4,344 
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126 STAT. 2243 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
150 
ENVIRONMENTAL SUPPORT EQUIPMENT ................................
19,492 
19,492 
151 
PHYSICAL SECURITY EQUIPMENT .............................................
177,149 
177,149 
152 
ENTERPRISE INFORMATION TECHNOLOGY ............................
183,995 
183,995 
CLASSIFIED PROGRAMS 
152A 
CLASSIFIED PROGRAMS ................................................................
13,063 
13,063 
SPARES AND REPAIR PARTS 
153 
SPARES AND REPAIR PARTS ........................................................
250,718 
250,718 
TOTAL OTHER PROCUREMENT, NAVY .......................
6,169,378 
6,219,041 
PROCUREMENT, MARINE CORPS 
TRACKED COMBAT VEHICLES 
001 
AAV7A1 PIP ........................................................................................
16,089 
16,089 
002 
LAV PIP ..............................................................................................
186,216 
45,342 
Budget adjustment per USMC ...................................................
[–140,874 
] 
ARTILLERY AND OTHER WEAPONS 
003 
EXPEDITIONARY FIRE SUPPORT SYSTEM ................................
2,502 
2,502 
004 
155MM LIGHTWEIGHT TOWED HOWITZER ...............................
17,913 
17,913 
005 
HIGH MOBILITY ARTILLERY ROCKET SYSTEM .......................
47,999 
47,999 
006 
WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ....
17,706 
17,706 
OTHER SUPPORT 
007 
MODIFICATION KITS ......................................................................
48,040 
48,040 
008 
WEAPONS ENHANCEMENT PROGRAM ......................................
4,537 
4,537 
GUIDED MISSILES 
009 
GROUND BASED AIR DEFENSE ...................................................
11,054 
11,054 
011 
FOLLOW ON TO SMAW ...................................................................
19,650 
19,650 
012 
ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ...............
20,708 
20,708 
COMMAND AND CONTROL SYSTEMS 
014 
UNIT OPERATIONS CENTER .........................................................
1,420 
1,420 
REPAIR AND TEST EQUIPMENT 
015 
REPAIR AND TEST EQUIPMENT ..................................................
25,127 
25,127 
OTHER SUPPORT (TEL) 
016 
COMBAT SUPPORT SYSTEM .........................................................
25,822 
25,822 
017 
MODIFICATION KITS ......................................................................
2,831 
2,831 
COMMAND AND CONTROL SYSTEM (NON-TEL) 
018 
ITEMS UNDER $5 MILLION (COMM & ELEC) ............................
5,498 
5,498 
019 
AIR OPERATIONS C2 SYSTEMS ....................................................
11,290 
11,290 
RADAR + EQUIPMENT (NON-TEL) 
020 
RADAR SYSTEMS .............................................................................
128,079 
128,079 
021 
RQ–21 UAS .........................................................................................
27,619 
27,619 
INTELL/COMM EQUIPMENT (NON-TEL) 
022 
FIRE SUPPORT SYSTEM .................................................................
7,319 
7,319 
023 
INTELLIGENCE SUPPORT EQUIPMENT .....................................
7,466 
7,466 
025 
RQ–11 UAV .........................................................................................
2,318 
2,318 
026 
DCGS-MC ............................................................................................
18,291 
18,291 
OTHER COMM/ELEC EQUIPMENT (NON-TEL) 
029 
NIGHT VISION EQUIPMENT .........................................................
48,084 
48,084 
OTHER SUPPORT (NON-TEL) 
030 
COMMON COMPUTER RESOURCES ............................................
206,708 
206,708 
031 
COMMAND POST SYSTEMS ...........................................................
35,190 
35,190 
032 
RADIO SYSTEMS ..............................................................................
89,059 
89,059 
033 
COMM SWITCHING & CONTROL SYSTEMS ...............................
22,500 
22,500 
034 
COMM & ELEC INFRASTRUCTURE SUPPORT ..........................
42,625 
42,625 
CLASSIFIED PROGRAMS 
035A 
CLASSIFIED PROGRAMS ................................................................
2,290 
2,290 
ADMINISTRATIVE VEHICLES 
035 
COMMERCIAL PASSENGER VEHICLES ......................................
2,877 
2,877 
036 
COMMERCIAL CARGO VEHICLES ................................................
13,960 
13,960 
TACTICAL VEHICLES 
037 
5/4T TRUCK HMMWV (MYP) ...........................................................
8,052 
8,052 
038 
MOTOR TRANSPORT MODIFICATIONS .......................................
50,269 
50,269 
040 
LOGISTICS VEHICLE SYSTEM REP .............................................
37,262 
37,262 
041 
FAMILY OF TACTICAL TRAILERS ................................................
48,160 
48,160 
OTHER SUPPORT 
043 
ITEMS LESS THAN $5 MILLION ...................................................
6,705 
6,705 
ENGINEER AND OTHER EQUIPMENT 
044 
ENVIRONMENTAL CONTROL EQUIP ASSORT ..........................
13,576 
13,576 
045 
BULK LIQUID EQUIPMENT ...........................................................
16,869 
16,869 
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126 STAT. 2244 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
046 
TACTICAL FUEL SYSTEMS ............................................................
19,108 
19,108 
047 
POWER EQUIPMENT ASSORTED .................................................
56,253 
56,253 
048 
AMPHIBIOUS SUPPORT EQUIPMENT .........................................
13,089 
13,089 
049 
EOD SYSTEMS ..................................................................................
73,699 
73,699 
MATERIALS HANDLING EQUIPMENT 
050 
PHYSICAL SECURITY EQUIPMENT .............................................
3,510 
3,510 
051 
GARRISON MOBILE ENGINEER EQUIPMENT (GMEE) ............
11,490 
11,490 
052 
MATERIAL HANDLING EQUIP ......................................................
20,659 
20,659 
053 
FIRST DESTINATION TRANSPORTATION ..................................
132 
132 
GENERAL PROPERTY 
054 
FIELD MEDICAL EQUIPMENT ......................................................
31,068 
31,068 
055 
TRAINING DEVICES ........................................................................
45,895 
45,895 
056 
CONTAINER FAMILY .......................................................................
5,801 
5,801 
057 
FAMILY OF CONSTRUCTION EQUIPMENT ................................
23,939 
23,939 
060 
RAPID DEPLOYABLE KITCHEN ....................................................
8,365 
8,365 
OTHER SUPPORT 
061 
ITEMS LESS THAN $5 MILLION ...................................................
7,077 
7,077 
SPARES AND REPAIR PARTS 
062 
SPARES AND REPAIR PARTS ........................................................
3,190 
3,190 
TOTAL PROCUREMENT, MARINE CORPS ..................
1,622,955 
1,482,081 
AIRCRAFT PROCUREMENT, AIR FORCE 
TACTICAL FORCES 
001 
F–35 .....................................................................................................
3,124,302 
3,124,302 
002 
ADVANCE PROCUREMENT (CY) ...............................................
293,400 
293,400 
OTHER AIRLIFT 
005 
C–130J .................................................................................................
68,373 
68,373 
007 
HC–130J ..............................................................................................
152,212 
152,212 
009 
MC–130J .............................................................................................
374,866 
374,866 
HELICOPTERS 
015 
HH–60 LOSS REPLACEMENT/RECAP ..........................................
60,596 
60,596 
017 
CV–22 (MYP) ......................................................................................
294,220 
294,220 
018 
ADVANCE PROCUREMENT (CY) ...............................................
15,000 
15,000 
MISSION SUPPORT AIRCRAFT 
019 
CIVIL AIR PATROL A/C ...................................................................
2,498 
2,498 
OTHER AIRCRAFT 
024 
TARGET DRONES .............................................................................
129,866 
129,866 
026 
RQ–4 ....................................................................................................
75,000 
180,200 
Sustain current force structure ..................................................
[105,200 
] 
028 
AC–130J ..............................................................................................
163,970 
163,970 
030 
MQ–9 ...................................................................................................
553,530 
708,530 
Additional aircraft .......................................................................
[155,000 
] 
031 
RQ–4 BLOCK 40 PROC .....................................................................
11,654 
11,654 
STRATEGIC AIRCRAFT 
032 
B–2A ....................................................................................................
82,296 
82,296 
033 
B–1B ....................................................................................................
149,756 
149,756 
034 
B–52 .....................................................................................................
9,781 
9,781 
035 
LARGE AIRCRAFT INFRARED COUNTERMEASURES ..............
28,800 
28,800 
TACTICAL AIRCRAFT 
036 
A–10 .....................................................................................................
89,919 
173,919 
Retain A–10 force structure ........................................................
[84,000 
] 
037 
F–15 .....................................................................................................
148,378 
148,378 
038 
F–16 .....................................................................................................
6,896 
6,896 
039 
F–22A ..................................................................................................
283,871 
283,871 
040 
F–35 MODIFICATIONS .....................................................................
147,995 
147,995 
AIRLIFT AIRCRAFT 
041 
C–5 .......................................................................................................
6,967 
6,967 
043 
C–5M ....................................................................................................
944,819 
879,819 
Inflation adjustment and installation efficiencies ....................
[–65,000 
] 
044 
ADVANCE PROCUREMENT (CY) ...............................................
175,800 
175,800 
046 
C–17A ..................................................................................................
205,079 
205,079 
047 
C–21 .....................................................................................................
199 
199 
048 
C–32A ..................................................................................................
1,750 
1,750 
049 
C–37A ..................................................................................................
445 
445 
TRAINER AIRCRAFT 
051 
GLIDER MODS ..................................................................................
126 
126 
052 
T–6 .......................................................................................................
15,494 
15,494 
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126 STAT. 2245 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
053 
T–1 .......................................................................................................
272 
272 
054 
T–38 .....................................................................................................
20,455 
20,455 
OTHER AIRCRAFT 
056 
U–2 MODS ..........................................................................................
44,477 
44,477 
057 
KC–10A (ATCA) ..................................................................................
46,921 
46,921 
058 
C–12 .....................................................................................................
1,876 
1,876 
059 
MC–12W ..............................................................................................
17,054 
17,054 
060 
C–20 MODS ........................................................................................
243 
243 
061 
VC–25A MOD ......................................................................................
11,185 
11,185 
062 
C–40 .....................................................................................................
243 
243 
063 
C–130 ...................................................................................................
67,853 
67,853 
065 
C–130J MODS ....................................................................................
70,555 
70,555 
066 
C–135 ...................................................................................................
46,707 
46,707 
067 
COMPASS CALL MODS ....................................................................
50,024 
50,024 
068 
RC–135 ................................................................................................
165,237 
165,237 
069 
E–3 .......................................................................................................
193,099 
193,099 
070 
E–4 .......................................................................................................
47,616 
47,616 
071 
E–8 .......................................................................................................
59,320 
59,320 
072 
H–1 .......................................................................................................
5,449 
5,449 
073 
H–60 .....................................................................................................
26,227 
26,227 
074 
RQ–4 MODS ........................................................................................
9,257 
9,257 
075 
HC/MC–130 MODIFICATIONS ........................................................
22,326 
22,326 
076 
OTHER AIRCRAFT ............................................................................
18,832 
18,832 
077 
MQ–1 MODS .......................................................................................
30,861 
30,861 
078 
MQ–9 MODS .......................................................................................
238,360 
238,360 
079 
MQ–9 UAS PAYLOADS .....................................................................
93,461 
93,461 
080 
CV–22 MODS ......................................................................................
23,881 
23,881 
AIRCRAFT SPARES AND REPAIR PARTS 
081 
INITIAL SPARES/REPAIR PARTS ..................................................
729,691 
729,691 
COMMON SUPPORT EQUIPMENT 
082 
AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................
56,542 
56,542 
POST PRODUCTION SUPPORT 
083 
A–10 .....................................................................................................
5,100 
5,100 
084 
B–1 .......................................................................................................
965 
965 
086 
B–2A ....................................................................................................
47,580 
47,580 
088 
KC–10A (ATCA) ..................................................................................
13,100 
13,100 
089 
C–17A ..................................................................................................
181,703 
181,703 
090 
C–130 ...................................................................................................
31,830 
31,830 
091 
C–135 ...................................................................................................
13,434 
13,434 
092 
F–15 .....................................................................................................
2,363 
2,363 
093 
F–16 .....................................................................................................
8,506 
5,906 
Production line shutdown—excess to need ................................
[–2,600 
] 
096 
OTHER AIRCRAFT ............................................................................
9,522 
9,522 
INDUSTRIAL PREPAREDNESS 
097 
INDUSTRIAL RESPONSIVENESS ..................................................
20,731 
20,731 
WAR CONSUMABLES 
098 
WAR CONSUMABLES ......................................................................
89,727 
89,727 
OTHER PRODUCTION CHARGES 
099 
OTHER PRODUCTION CHARGES ..................................................
842,392 
842,392 
CLASSIFIED PROGRAMS 
103A 
CLASSIFIED PROGRAMS ................................................................
20,164 
20,164 
TOTAL AIRCRAFT PROCUREMENT, AIR FORCE .....
11,002,999 
11,279,599 
PROCUREMENT OF AMMUNITION, AIR FORCE 
ROCKETS 
001 
ROCKETS ...........................................................................................
8,927 
8,927 
CARTRIDGES 
002 
CARTRIDGES .....................................................................................
118,075 
118,075 
BOMBS 
003 
PRACTICE BOMBS ...........................................................................
32,393 
32,393 
004 
GENERAL PURPOSE BOMBS .........................................................
163,467 
163,467 
005 
JOINT DIRECT ATTACK MUNITION ............................................
101,921 
101,921 
FLARE, IR MJU–7B 
006 
CAD/PAD .............................................................................................
43,829 
43,829 
007 
EXPLOSIVE ORDNANCE DISPOSAL (EOD) .................................
7,515 
7,515 
008 
SPARES AND REPAIR PARTS ........................................................
1,003 
1,003 
009 
MODIFICATIONS ..............................................................................
5,321 
5,321 
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126 STAT. 2246 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
010 
ITEMS LESS THAN $5 MILLION ...................................................
5,066 
5,066 
FUZES 
011 
FLARES ...............................................................................................
46,010 
46,010 
012 
FUZES .................................................................................................
36,444 
36,444 
SMALL ARMS 
013 
SMALL ARMS ....................................................................................
29,223 
29,223 
TOTAL PROCUREMENT OF AMMUNITION, AIR 
FORCE.
599,194 
599,194 
MISSILE PROCUREMENT, AIR FORCE 
MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 
001 
MISSILE REPLACEMENT EQ-BALLISTIC ...................................
56,906 
56,906 
TACTICAL 
002 
JASSM .................................................................................................
240,399 
240,399 
003 
SIDEWINDER (AIM–9X) ...................................................................
88,020 
88,020 
004 
AMRAAM ............................................................................................
229,637 
206,937 
Missile unit cost adjustment ......................................................
[–22,700 
] 
005 
PREDATOR HELLFIRE MISSILE ...................................................
47,675 
47,675 
006 
SMALL DIAMETER BOMB ..............................................................
42,000 
42,000 
INDUSTRIAL FACILITIES 
007 
INDUSTR’L PREPAREDNS/POL PREVENTION ...........................
744 
744 
CLASS IV 
009 
MM III MODIFICATIONS .................................................................
54,794 
54,794 
010 
AGM–65D MAVERICK ......................................................................
271 
271 
011 
AGM–88A HARM ...............................................................................
23,240 
23,240 
012 
AIR LAUNCH CRUISE MISSILE (ALCM) ......................................
13,620 
13,620 
013 
SMALL DIAMETER BOMB ..............................................................
5,000 
5,000 
MISSILE SPARES AND REPAIR PARTS 
014 
INITIAL SPARES/REPAIR PARTS ..................................................
74,373 
74,373 
SPACE PROGRAMS 
015 
ADVANCED EHF ...............................................................................
557,205 
547,205 
Schedule Delay Due to Late AP Award .....................................
[–10,000 
] 
017 
WIDEBAND GAPFILLER SATELLITES(SPACE) ..........................
36,835 
36,835 
019 
GPS III SPACE SEGMENT ...............................................................
410,294 
410,294 
020 
ADVANCE PROCUREMENT (CY) ...............................................
82,616 
82,616 
021 
SPACEBORNE EQUIP (COMSEC) ..................................................
10,554 
10,554 
022 
GLOBAL POSITIONING (SPACE) ...................................................
58,147 
58,147 
023 
DEF METEOROLOGICAL SAT PROG(SPACE) .............................
89,022 
89,022 
024 
EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ......................
1,679,856 
1,679,856 
025 
SBIR HIGH (SPACE) .........................................................................
454,251 
454,251 
SPECIAL PROGRAMS 
030 
SPECIAL UPDATE PROGRAMS ......................................................
138,904 
138,904 
CLASSIFIED PROGRAMS 
030A 
CLASSIFIED PROGRAMS ................................................................
1,097,483 
1,097,483 
TOTAL MISSILE PROCUREMENT, AIR FORCE .........
5,491,846 
5,459,146 
OTHER PROCUREMENT, AIR FORCE 
PASSENGER CARRYING VEHICLES 
001 
PASSENGER CARRYING VEHICLES ............................................
1,905 
1,905 
CARGO AND UTILITY VEHICLES 
002 
MEDIUM TACTICAL VEHICLE ......................................................
18,547 
18,547 
003 
CAP VEHICLES .................................................................................
932 
932 
004 
ITEMS LESS THAN $5 MILLION ...................................................
1,699 
1,699 
SPECIAL PURPOSE VEHICLES 
005 
SECURITY AND TACTICAL VEHICLES ........................................
10,850 
10,850 
006 
ITEMS LESS THAN $5 MILLION ...................................................
9,246 
9,246 
FIRE FIGHTING EQUIPMENT 
007 
FIRE FIGHTING/CRASH RESCUE VEHICLES ............................
23,148 
23,148 
MATERIALS HANDLING EQUIPMENT 
008 
ITEMS LESS THAN $5 MILLION ...................................................
18,323 
18,323 
BASE MAINTENANCE SUPPORT 
009 
RUNWAY SNOW REMOV AND CLEANING EQU ........................
1,685 
1,685 
010 
ITEMS LESS THAN $5 MILLION ...................................................
17,014 
17,014 
COMM SECURITY EQUIPMENT(COMSEC) 
012 
COMSEC EQUIPMENT .....................................................................
166,559 
166,559 
013 
MODIFICATIONS (COMSEC) ..........................................................
1,133 
1,133 
INTELLIGENCE PROGRAMS 
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126 STAT. 2247 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
014 
INTELLIGENCE TRAINING EQUIPMENT ...................................
2,749 
2,749 
015 
INTELLIGENCE COMM EQUIPMENT ..........................................
32,876 
32,876 
016 
ADVANCE TECH SENSORS ............................................................
877 
877 
017 
MISSION PLANNING SYSTEMS ....................................................
15,295 
15,295 
ELECTRONICS PROGRAMS 
018 
AIR TRAFFIC CONTROL & LANDING SYS ..................................
21,984 
21,984 
019 
NATIONAL AIRSPACE SYSTEM ....................................................
30,698 
30,698 
020 
BATTLE CONTROL SYSTEM—FIXED ...........................................
17,368 
17,368 
021 
THEATER AIR CONTROL SYS IMPROVEMENTS .......................
23,483 
23,483 
022 
WEATHER OBSERVATION FORECAST ........................................
17,864 
17,864 
023 
STRATEGIC COMMAND AND CONTROL .....................................
53,995 
34,995 
Early to need ................................................................................
[–19,000 
] 
024 
CHEYENNE MOUNTAIN COMPLEX .............................................
14,578 
14,578 
025 
TAC SIGINT SPT ...............................................................................
208 
208 
SPCL COMM-ELECTRONICS PROJECTS 
027 
GENERAL INFORMATION TECHNOLOGY ..................................
69,743 
69,743 
028 
AF GLOBAL COMMAND & CONTROL SYS ..................................
15,829 
63,029 
Add MQ–1/9 RSO--SOC Procurement .......................................
[9,900 
] 
Establish ANG Targeting Unit--Workstation Procurement .....
[37,300 
] 
029 
MOBILITY COMMAND AND CONTROL .......................................
11,023 
11,023 
030 
AIR FORCE PHYSICAL SECURITY SYSTEM ...............................
64,521 
64,521 
031 
COMBAT TRAINING RANGES ........................................................
18,217 
18,217 
032 
C3 COUNTERMEASURES ................................................................
11,899 
11,899 
033 
GCSS-AF FOS .....................................................................................
13,920 
13,920 
034 
THEATER BATTLE MGT C2 SYSTEM ...........................................
9,365 
9,365 
035 
AIR & SPACE OPERATIONS CTR-WPN SYS ................................
33,907 
33,907 
AIR FORCE COMMUNICATIONS 
036 
INFORMATION TRANSPORT SYSTEMS .......................................
52,464 
52,464 
038 
AFNET .................................................................................................
125,788 
125,788 
039 
VOICE SYSTEMS ...............................................................................
16,811 
16,811 
040 
USCENTCOM .....................................................................................
32,138 
32,138 
DISA PROGRAMS 
041 
SPACE BASED IR SENSOR PGM SPACE ......................................
47,135 
47,135 
042 
NAVSTAR GPS SPACE .....................................................................
2,031 
2,031 
043 
NUDET DETECTION SYS SPACE ..................................................
5,564 
5,564 
044 
AF SATELLITE CONTROL NETWORK SPACE ............................
44,219 
44,219 
045 
SPACELIFT RANGE SYSTEM SPACE ...........................................
109,545 
109,545 
046 
MILSATCOM SPACE .........................................................................
47,592 
47,592 
047 
SPACE MODS SPACE .......................................................................
47,121 
47,121 
048 
COUNTERSPACE SYSTEM ..............................................................
20,961 
20,961 
ORGANIZATION AND BASE 
049 
TACTICAL C-E EQUIPMENT ..........................................................
126,131 
126,131 
050 
COMBAT SURVIVOR EVADER LOCATER ....................................
23,707 
23,707 
051 
RADIO EQUIPMENT .........................................................................
12,757 
12,757 
052 
CCTV/AUDIOVISUAL EQUIPMENT ...............................................
10,716 
10,716 
053 
BASE COMM INFRASTRUCTURE ..................................................
74,528 
74,528 
MODIFICATIONS 
054 
COMM ELECT MODS .......................................................................
43,507 
43,507 
PERSONAL SAFETY & RESCUE EQUIP 
055 
NIGHT VISION GOGGLES ...............................................................
22,693 
22,693 
056 
ITEMS LESS THAN $5 MILLION ...................................................
30,887 
30,887 
DEPOT PLANT+MTRLS HANDLING EQ 
057 
MECHANIZED MATERIAL HANDLING EQUIP ...........................
2,850 
2,850 
BASE SUPPORT EQUIPMENT 
058 
BASE PROCURED EQUIPMENT ....................................................
8,387 
8,387 
059 
CONTINGENCY OPERATIONS .......................................................
10,358 
10,358 
060 
PRODUCTIVITY CAPITAL INVESTMENT ....................................
3,473 
3,473 
062 
MOBILITY EQUIPMENT ..................................................................
14,471 
14,471 
063 
ITEMS LESS THAN $5 MILLION ...................................................
1,894 
1,894 
SPECIAL SUPPORT PROJECTS 
065 
DARP RC135 .......................................................................................
24,176 
24,176 
066 
DCGS-AF .............................................................................................
142,928 
142,928 
068 
SPECIAL UPDATE PROGRAM ........................................................
479,446 
479,446 
069 
DEFENSE SPACE RECONNAISSANCE PROG. ............................
39,155 
39,155 
CLASSIFIED PROGRAMS 
069A 
CLASSIFIED PROGRAMS ................................................................
14,331,312 
14,331,312 
SPARES AND REPAIR PARTS 
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126 STAT. 2248 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
071 
SPARES AND REPAIR PARTS ........................................................
14,663 
14,663 
TOTAL OTHER PROCUREMENT, AIR FORCE ............
16,720,848 
16,749,048 
PROCUREMENT, DEFENSE-WIDE 
MAJOR EQUIPMENT, DCAA 
002 
ITEMS LESS THAN $5 MILLION ...................................................
1,486 
1,486 
MAJOR EQUIPMENT, DCMA 
003 
MAJOR EQUIPMENT .......................................................................
2,129 
2,129 
MAJOR EQUIPMENT, DHRA 
005 
PERSONNEL ADMINISTRATION ...................................................
6,147 
6,147 
MAJOR EQUIPMENT, DISA 
012 
INFORMATION SYSTEMS SECURITY ..........................................
12,708 
12,708 
014 
GLOBAL COMBAT SUPPORT SYSTEM .........................................
3,002 
3,002 
015 
TELEPORT PROGRAM .....................................................................
46,992 
46,992 
016 
ITEMS LESS THAN $5 MILLION ...................................................
108,462 
108,462 
017 
NET CENTRIC ENTERPRISE SERVICES (NCES) .......................
2,865 
2,865 
018 
DEFENSE INFORMATION SYSTEM NETWORK .........................
116,906 
116,906 
019 
PUBLIC KEY INFRASTRUCTURE .................................................
1,827 
1,827 
021 
CYBER SECURITY INITIATIVE .....................................................
10,319 
10,319 
MAJOR EQUIPMENT, DLA 
022 
MAJOR EQUIPMENT .......................................................................
9,575 
9,575 
MAJOR EQUIPMENT, DMACT 
023 
MAJOR EQUIPMENT .......................................................................
15,179 
15,179 
MAJOR EQUIPMENT, DODEA 
024 
AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS .........
1,458 
1,458 
MAJOR EQUIPMENT, DSS 
026 
MAJOR EQUIPMENT .......................................................................
2,522 
2,522 
MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION 
AGENCY 
027 
VEHICLES ..........................................................................................
50 
50 
028 
OTHER MAJOR EQUIPMENT .........................................................
13,096 
13,096 
MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 
030 
THAAD ................................................................................................
460,728 
460,728 
031 
AEGIS BMD ........................................................................................
389,626 
389,626 
032 
BMDS AN/TPY–2 RADARS ...............................................................
217,244 
380,244 
Procure additional AN/TPY–2 radar ..........................................
[163,000 
] 
033 
RADAR SPARES ................................................................................
10,177 
10,177 
MAJOR EQUIPMENT, NSA 
041 
INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ..........
6,770 
6,770 
MAJOR EQUIPMENT, OSD 
042 
MAJOR EQUIPMENT, OSD .............................................................
45,938 
45,938 
043 
MAJOR EQUIPMENT, INTELLIGENCE ........................................
17,582 
17,582 
MAJOR EQUIPMENT, TJS 
044 
MAJOR EQUIPMENT, TJS ...............................................................
21,878 
21,878 
MAJOR EQUIPMENT, WHS 
045 
MAJOR EQUIPMENT, WHS ............................................................
26,550 
26,550 
CLASSIFIED PROGRAMS 
045A 
CLASSIFIED PROGRAMS ................................................................
555,787 
555,787 
AVIATION PROGRAMS 
046 
ROTARY WING UPGRADES AND SUSTAINMENT .....................
74,832 
74,832 
048 
MH–60 MODERNIZATION PROGRAM ...........................................
126,780 
126,780 
049 
NON-STANDARD AVIATION ...........................................................
99,776 
37,000 
Transfer to Line 051—Mission Shift ..........................................
[–62,776 
] 
051 
U–28 .....................................................................................................
7,530 
116,906 
Transfer from Line 049—Mission Shift .....................................
[62,776 
] 
USSOCOM UFR ..........................................................................
[46,600 
] 
052 
MH–47 CHINOOK ..............................................................................
134,785 
134,785 
053 
RQ–11 UNMANNED AERIAL VEHICLE ........................................
2,062 
2,062 
054 
CV–22 MODIFICATION ....................................................................
139,147 
139,147 
055 
MQ–1 UNMANNED AERIAL VEHICLE .........................................
3,963 
26,963 
USSOCOM UFR ..........................................................................
[23,000 
] 
056 
MQ–9 UNMANNED AERIAL VEHICLE .........................................
3,952 
39,352 
USSOCOM UFR ..........................................................................
[35,400 
] 
058 
STUASL0 .............................................................................................
12,945 
12,945 
059 
PRECISION STRIKE PACKAGE .....................................................
73,013 
73,013 
060 
AC/MC–130J .......................................................................................
51,484 
51,484 
062 
C–130 MODIFICATIONS ..................................................................
25,248 
25,248 
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126 STAT. 2249 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4101. PROCUREMENT 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
063 
AIRCRAFT SUPPORT .......................................................................
5,314 
5,314 
SHIPBUILDING 
064 
UNDERWATER SYSTEMS ...............................................................
23,037 
15,037 
Transfer to RDDW Line 272 at USSOCOM request ................
[–8,000 
] 
AMMUNITION PROGRAMS 
066 
ORDNANCE REPLENISHMENT .....................................................
113,183 
113,183 
067 
ORDNANCE ACQUISITION .............................................................
36,981 
36,981 
OTHER PROCUREMENT PROGRAMS 
068 
COMMUNICATIONS EQUIPMENT AND ELECTRONICS ..........
99,838 
103,738 
USSOCOM UFR ..........................................................................
[3,900 
] 
069 
INTELLIGENCE SYSTEMS .............................................................
71,428 
71,428 
070 
SMALL ARMS AND WEAPONS .......................................................
27,108 
27,108 
071 
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........
12,767 
15,967 
USSOCOM UFR ..........................................................................
[3,200 
] 
074 
COMBATANT CRAFT SYSTEMS ....................................................
42,348 
42,348 
075 
SPARES AND REPAIR PARTS ........................................................
600 
600 
077 
TACTICAL VEHICLES ......................................................................
37,421 
37,421 
078 
MISSION TRAINING AND PREPARATION SYSTEMS ...............
36,949 
41,949 
USSOCOM UFR ..........................................................................
[5,000 
] 
079 
COMBAT MISSION REQUIREMENTS ...........................................
20,255 
26,255 
AC–130 electro-optical and infrared sensors .............................
[6,000 
] 
080 
MILCON COLLATERAL EQUIPMENT ...........................................
17,590 
17,590 
082 
AUTOMATION SYSTEMS ................................................................
66,573 
66,573 
083 
GLOBAL VIDEO SURVEILLANCE ACTIVITIES ..........................
6,549 
6,549 
084 
OPERATIONAL ENHANCEMENTS INTELLIGENCE .................
32,335 
32,335 
085 
SOLDIER PROTECTION AND SURVIVAL SYSTEMS .................
15,153 
15,153 
086 
VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS
33,920 
33,920 
087 
TACTICAL RADIO SYSTEMS ..........................................................
75,132 
75,132 
090 
MISCELLANEOUS EQUIPMENT ....................................................
6,667 
6,667 
091 
OPERATIONAL ENHANCEMENTS ................................................
217,972 
243,272 
USSOCOM UFR ..........................................................................
[25,300 
] 
092 
MILITARY INFORMATION SUPPORT OPERATIONS .................
27,417 
27,417 
CBDP 
093 
INSTALLATION FORCE PROTECTION ........................................
24,025 
24,025 
094 
INDIVIDUAL PROTECTION ............................................................
73,720 
73,720 
095 
DECONTAMINATION .......................................................................
506 
506 
096 
JOINT BIO DEFENSE PROGRAM (MEDICAL) .............................
32,597 
32,597 
097 
COLLECTIVE PROTECTION ...........................................................
3,144 
3,144 
098 
CONTAMINATION AVOIDANCE ....................................................
164,886 
164,886 
TOTAL PROCUREMENT, DEFENSE-WIDE ...................
4,187,935 
4,491,335 
JOINT URGENT OPERATIONAL NEEDS FUND 
JOINT URGENT OPERATIONAL NEEDS FUND 
001 
JOINT URGENT OPERATIONAL NEEDS FUND .........................
99,477 
0 
Program reduction .......................................................................
[–99,477 
] 
TOTAL JOINT URGENT OPERATIONAL NEEDS 
FUND.
99,477 
0 
NATIONAL GUARD & RESERVE EQUIPMENT 
UNDISTRIBUTED 
999 
MISCELLANEOUS EQUIPMENT ....................................................
150,000 
Program increase .........................................................................
[150,000 
] 
TOTAL NATIONAL GUARD & RESERVE EQUIP-
MENT.
150,000 
TOTAL PROCUREMENT ....................................................
97,432,379 
98,398,230 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPER-
ATIONS. 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
AIRCRAFT PROCUREMENT, ARMY 
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126 STAT. 2250 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
ROTARY 
009 
AH–64 APACHE BLOCK IIIB NEW BUILD ...................................
71,000 
71,000 
012 
KIOWA WARRIOR (OH–58F) WRA .................................................
183,900 
183,900 
015 
CH–47 HELICOPTER ........................................................................
231,300 
231,300 
TOTAL AIRCRAFT PROCUREMENT, ARMY ................
486,200 
486,200 
MISSILE PROCUREMENT, ARMY 
AIR-TO-SURFACE MISSILE SYSTEM 
004 
HELLFIRE SYS SUMMARY .............................................................
29,100 
29,100 
ANTI-TANK/ASSAULT MISSILE SYS 
008 
GUIDED MLRS ROCKET (GMLRS) ................................................
20,553 
20,553 
TOTAL MISSILE PROCUREMENT, ARMY ....................
49,653 
49,653 
PROCUREMENT OF W&TCV, ARMY 
MOD OF WEAPONS AND OTHER COMBAT VEH 
036 
M16 RIFLE MODS .............................................................................
15,422 
15,422 
TOTAL PROCUREMENT OF W&TCV, ARMY ...............
15,422 
15,422 
PROCUREMENT OF AMMUNITION, ARMY 
SMALL/MEDIUM CAL AMMUNITION 
003 
CTG, HANDGUN, ALL TYPES .........................................................
1,500 
1,500 
004 
CTG, .50 CAL, ALL TYPES ...............................................................
10,000 
10,000 
007 
CTG, 30MM, ALL TYPES ..................................................................
80,000 
61,000 
Pricing adjustments for target practice round and light- 
weight dual purpose round.
[–19,000 
] 
MORTAR AMMUNITION 
009 
60MM MORTAR, ALL TYPES ..........................................................
14,000 
14,000 
010 
81MM MORTAR, ALL TYPES ..........................................................
6,000 
6,000 
011 
120MM MORTAR, ALL TYPES ........................................................
56,000 
56,000 
ARTILLERY AMMUNITION 
013 
ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP .......
29,956 
29,956 
014 
ARTILLERY PROJECTILE, 155MM, ALL TYPES .........................
37,044 
37,044 
015 
PROJ 155MM EXTENDED RANGE XM982 ...................................
12,300 
12,300 
016 
ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL .......
17,000 
17,000 
MINES 
017 
MINES & CLEARING CHARGES, ALL TYPES .............................
12,000 
12,000 
ROCKETS 
020 
ROCKET, HYDRA 70, ALL TYPES ..................................................
63,635 
63,635 
OTHER AMMUNITION 
023 
SIGNALS, ALL TYPES ......................................................................
16,858 
16,858 
MISCELLANEOUS 
028 
ITEMS LESS THAN $5 MILLION ...................................................
1,200 
1,200 
TOTAL PROCUREMENT OF AMMUNITION, ARMY ..
357,493 
338,493 
OTHER PROCUREMENT, ARMY 
TACTICAL VEHICLES 
002 
FAMILY OF MEDIUM TACTICAL VEH (FMTV) ..........................
28,247 
28,247 
004 
FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...................
2,050 
2,050 
011 
HMMWV RECAPITALIZATION PROGRAM ..................................
271,000 
271,000 
014 
MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS .......
927,400 
927,400 
COMM—INTELLIGENCE COMM 
052 
RESERVE CA/MISO GPF EQUIPMENT .........................................
8,000 
8,000 
COMM—BASE COMMUNICATIONS 
061 
INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( ..
25,000 
65,000 
Transfer from OMA OCO at SOUTHCOM request ..................
[40,000 
] 
ELECT EQUIP—TACT INT REL ACT (TIARA) 
069 
DCGS-A (MIP) ....................................................................................
90,355 
90,355 
073 
CI HUMINT AUTO REPRINTING AND COLLECTION ...............
6,516 
6,516 
ELECT EQUIP—ELECTRONIC WARFARE (EW) 
075 
LIGHTWEIGHT COUNTER MORTAR RADAR ..............................
27,646 
27,646 
077 
FMLY OF PERSISTENT SURVEILLANCE CAPABILITIES ........
52,000 
52,000 
078 
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 
205,209 
205,209 
ELECT EQUIP—TACTICAL SURV. (TAC SURV) 
092 
MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ......................
14,600 
14,600 
099 
COUNTERFIRE RADARS .................................................................
54,585 
54,585 
ELECT EQUIP—TACTICAL C2 SYSTEMS 
102 
FIRE SUPPORT C2 FAMILY ............................................................
22,430 
22,430 
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126 STAT. 2251 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
103 
BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM ........
2,400 
2,400 
112 
MANEUVER CONTROL SYSTEM (MCS) .......................................
6,400 
6,400 
113 
SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ......................
5,160 
5,160 
CHEMICAL DEFENSIVE EQUIPMENT 
126 
FAMILY OF NON-LETHAL EQUIPMENT (FNLE) .......................
15,000 
15,000 
127 
BASE DEFENSE SYSTEMS (BDS) ..................................................
66,100 
66,100 
ENGINEER (NON-CONSTRUCTION) EQUIPMENT 
135 
EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ...
3,565 
3,565 
COMBAT SERVICE SUPPORT EQUIPMENT 
143 
FORCE PROVIDER ...........................................................................
39,700 
39,700 
145 
CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM
650 
650 
PETROLEUM EQUIPMENT 
149 
DISTRIBUTION SYSTEMS, PETROLEUM & WATER .................
2,119 
2,119 
MAINTENANCE EQUIPMENT 
152 
MOBILE MAINTENANCE EQUIPMENT SYSTEMS ....................
428 
428 
153 
ITEMS LESS THAN $5 MILLION (MAINT EQ) ............................
30 
30 
TRAINING EQUIPMENT 
175 
COMBAT TRAINING CENTERS SUPPORT ...................................
7,000 
7,000 
176 
TRAINING DEVICES, NONSYSTEM ..............................................
27,250 
27,250 
178 
AVIATION COMBINED ARMS TACTICAL TRAINER ..................
1,000 
1,000 
179 
GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ..
5,900 
5,900 
OTHER SUPPORT EQUIPMENT 
183 
RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT .............
98,167 
118,167 
Rapid equipping force delayed execution rates .........................
[–10,000 
] 
Solar power units ........................................................................
[30,000 
] 
TOTAL OTHER PROCUREMENT, ARMY ......................
2,015,907 
2,075,907 
JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 
NETWORK ATTACK 
001 
ATTACK THE NETWORK ................................................................
950,500 
925,000 
Program decrease—under execution ..........................................
[–25,500 
] 
JIEDDO DEVICE DEFEAT 
002 
DEFEAT THE DEVICE .....................................................................
400,000 
375,000 
Program decrease—under execution & program delays ..........
[–25,000 
] 
FORCE TRAINING 
003 
TRAIN THE FORCE ..........................................................................
149,500 
144,500 
Program decrease—under execution & program delays ..........
[–5,000 
] 
STAFF AND INFRASTRUCTURE 
004 
OPERATIONS .....................................................................................
175,400 
397,814 
Program decrease—under execution & program delays ..........
[–5,000 
] 
Transfer from title 1 ....................................................................
[227,414 
] 
TOTAL JOINT IMPR EXPLOSIVE DEV DEFEAT 
FUND.
1,675,400 
1,842,314 
AIRCRAFT PROCUREMENT, NAVY 
COMBAT AIRCRAFT 
011 
H–1 UPGRADES (UH–1Y/AH–1Z) ...................................................
29,800 
29,800 
MODIFICATION OF AIRCRAFT 
030 
AV–8 SERIES .....................................................................................
42,238 
42,238 
032 
F–18 SERIES ......................................................................................
41,243 
41,243 
035 
H–53 SERIES ......................................................................................
15,870 
15,870 
038 
EP–3 SERIES ......................................................................................
13,030 
13,030 
043 
C–130 SERIES ....................................................................................
16,737 
16,737 
048 
SPECIAL PROJECT AIRCRAFT ......................................................
2,714 
2,714 
054 
COMMON AVIONICS CHANGES ....................................................
570 
570 
AIRCRAFT SUPPORT EQUIP & FACILITIES 
062 
COMMON GROUND EQUIPMENT .................................................
2,380 
2,380 
TOTAL AIRCRAFT PROCUREMENT, NAVY .................
164,582 
164,582 
WEAPONS PROCUREMENT, NAVY 
TACTICAL MISSILES 
009 
HELLFIRE ..........................................................................................
17,000 
17,000 
010 
STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ........
6,500 
6,500 
TOTAL WEAPONS PROCUREMENT, NAVY .................
23,500 
23,500 
PROCUREMENT OF AMMO, NAVY & MC 
NAVY AMMUNITION 
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126 STAT. 2252 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
001 
GENERAL PURPOSE BOMBS .........................................................
18,000 
18,000 
002 
AIRBORNE ROCKETS, ALL TYPES ...............................................
80,200 
80,200 
003 
MACHINE GUN AMMUNITION ......................................................
21,500 
21,500 
006 
AIR EXPENDABLE COUNTERMEASURES ..................................
20,303 
20,303 
011 
OTHER SHIP GUN AMMUNITION ................................................
532 
532 
012 
SMALL ARMS & LANDING PARTY AMMO ..................................
2,643 
2,643 
013 
PYROTECHNIC AND DEMOLITION ..............................................
2,322 
2,322 
014 
AMMUNITION LESS THAN $5 MILLION .....................................
6,308 
6,308 
MARINE CORPS AMMUNITION 
015 
SMALL ARMS AMMUNITION .........................................................
10,948 
10,948 
016 
LINEAR CHARGES, ALL TYPES ....................................................
9,940 
9,940 
017 
40 MM, ALL TYPES ...........................................................................
5,963 
5,963 
020 
120MM, ALL TYPES ..........................................................................
11,605 
11,605 
021 
CTG 25MM, ALL TYPES ...................................................................
2,831 
2,831 
022 
GRENADES, ALL TYPES .................................................................
2,359 
2,359 
023 
ROCKETS, ALL TYPES ....................................................................
3,051 
3,051 
024 
ARTILLERY, ALL TYPES .................................................................
54,886 
54,886 
025 
DEMOLITION MUNITIONS, ALL TYPES ......................................
1,391 
1,391 
026 
FUZE, ALL TYPES ............................................................................
30,945 
30,945 
027 
NON LETHALS ..................................................................................
8 
8 
029 
ITEMS LESS THAN $5 MILLION ...................................................
12 
12 
TOTAL PROCUREMENT OF AMMO, NAVY & MC ......
285,747 
285,747 
OTHER PROCUREMENT, NAVY 
OTHER SHORE ELECTRONIC EQUIPMENT 
070 
TACTICAL/MOBILE C4I SYSTEMS ................................................
3,603 
3,603 
AIRCRAFT SUPPORT EQUIPMENT 
097 
EXPEDITIONARY AIRFIELDS ........................................................
58,200 
58,200 
CIVIL ENGINEERING SUPPORT EQUIPMENT 
127 
PASSENGER CARRYING VEHICLES ............................................
3,901 
3,901 
128 
GENERAL PURPOSE TRUCKS .......................................................
852 
852 
129 
CONSTRUCTION & MAINTENANCE EQUIP ...............................
2,436 
2,436 
130 
FIRE FIGHTING EQUIPMENT .......................................................
3,798 
3,798 
131 
TACTICAL VEHICLES ......................................................................
13,394 
13,394 
134 
ITEMS UNDER $5 MILLION ...........................................................
375 
375 
COMMAND SUPPORT EQUIPMENT 
149 
C4ISR EQUIPMENT ..........................................................................
3,000 
3,000 
151 
PHYSICAL SECURITY EQUIPMENT .............................................
9,323 
9,323 
TOTAL OTHER PROCUREMENT, NAVY .......................
98,882 
98,882 
PROCUREMENT, MARINE CORPS 
TRACKED COMBAT VEHICLES 
002 
LAV PIP ..............................................................................................
10,000 
10,000 
ARTILLERY AND OTHER WEAPONS 
005 
HIGH MOBILITY ARTILLERY ROCKET SYSTEM .......................
108,860 
108,860 
GUIDED MISSILES 
010 
JAVELIN .............................................................................................
29,158 
29,158 
OTHER SUPPORT 
013 
MODIFICATION KITS ......................................................................
41,602 
41,602 
REPAIR AND TEST EQUIPMENT 
015 
REPAIR AND TEST EQUIPMENT ..................................................
13,632 
13,632 
OTHER SUPPORT (TEL) 
017 
MODIFICATION KITS ......................................................................
2,831 
2,831 
COMMAND AND CONTROL SYSTEM (NON-TEL) 
019 
AIR OPERATIONS C2 SYSTEMS ....................................................
15,575 
15,575 
RADAR + EQUIPMENT (NON-TEL) 
020 
RADAR SYSTEMS .............................................................................
8,015 
8,015 
INTELL/COMM EQUIPMENT (NON-TEL) 
023 
INTELLIGENCE SUPPORT EQUIPMENT .....................................
35,310 
35,310 
OTHER COMM/ELEC EQUIPMENT (NON-TEL) 
029 
NIGHT VISION EQUIPMENT .........................................................
652 
652 
OTHER SUPPORT (NON-TEL) 
030 
COMMON COMPUTER RESOURCES ............................................
19,807 
19,807 
032 
RADIO SYSTEMS ..............................................................................
36,482 
36,482 
033 
COMM SWITCHING & CONTROL SYSTEMS ...............................
41,295 
41,295 
TACTICAL VEHICLES 
039 
MEDIUM TACTICAL VEHICLE REPLACEMENT ........................
10,466 
10,466 
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126 STAT. 2253 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
041 
FAMILY OF TACTICAL TRAILERS ................................................
7,642 
7,642 
ENGINEER AND OTHER EQUIPMENT 
045 
BULK LIQUID EQUIPMENT ...........................................................
18,239 
18,239 
046 
TACTICAL FUEL SYSTEMS ............................................................
51,359 
51,359 
047 
POWER EQUIPMENT ASSORTED .................................................
20,247 
20,247 
049 
EOD SYSTEMS ..................................................................................
362,658 
362,658 
MATERIALS HANDLING EQUIPMENT 
050 
PHYSICAL SECURITY EQUIPMENT .............................................
55,500 
55,500 
052 
MATERIAL HANDLING EQUIP ......................................................
19,100 
19,100 
GENERAL PROPERTY 
054 
FIELD MEDICAL EQUIPMENT ......................................................
15,751 
15,751 
055 
TRAINING DEVICES ........................................................................
3,602 
3,602 
057 
FAMILY OF CONSTRUCTION EQUIPMENT ................................
15,900 
15,900 
TOTAL PROCUREMENT, MARINE CORPS ..................
943,683 
943,683 
AIRCRAFT PROCUREMENT, AIR FORCE 
STRATEGIC AIRCRAFT 
035 
LARGE AIRCRAFT INFRARED COUNTERMEASURES ..............
139,800 
139,800 
OTHER AIRCRAFT 
055 
U–2 MODS ..........................................................................................
46,800 
46,800 
063 
C–130 ...................................................................................................
11,400 
11,400 
067 
COMPASS CALL MODS ....................................................................
14,000 
14,000 
068 
RC–135 ................................................................................................
8,000 
8,000 
075 
HC/MC–130 MODIFICATIONS ........................................................
4,700 
4,700 
AIRCRAFT SPARES AND REPAIR PARTS 
081 
INITIAL SPARES/REPAIR PARTS ..................................................
21,900 
21,900 
OTHER PRODUCTION CHARGES 
099 
OTHER PRODUCTION CHARGES ..................................................
59,000 
59,000 
TOTAL AIRCRAFT PROCUREMENT, AIR FORCE .....
305,600 
305,600 
PROCUREMENT OF AMMUNITION, AIR FORCE 
CARTRIDGES 
002 
CARTRIDGES .....................................................................................
13,592 
13,592 
BOMBS 
004 
GENERAL PURPOSE BOMBS .........................................................
23,211 
23,211 
005 
JOINT DIRECT ATTACK MUNITION ............................................
53,923 
53,923 
FLARE, IR MJU–7B 
006 
CAD/PAD .............................................................................................
2,638 
2,638 
010 
ITEMS LESS THAN $5 MILLION ...................................................
2,600 
2,600 
FUZES 
011 
FLARES ...............................................................................................
11,726 
11,726 
012 
FUZES .................................................................................................
8,513 
8,513 
TOTAL PROCUREMENT OF AMMUNITION, AIR 
FORCE.
116,203 
116,203 
MISSILE PROCUREMENT, AIR FORCE 
TACTICAL 
005 
PREDATOR HELLFIRE MISSILE ...................................................
34,350 
34,350 
TOTAL MISSILE PROCUREMENT, AIR FORCE .........
34,350 
34,350 
OTHER PROCUREMENT, AIR FORCE 
CARGO AND UTILITY VEHICLES 
002 
MEDIUM TACTICAL VEHICLE ......................................................
2,010 
2,010 
004 
ITEMS LESS THAN $5 MILLION ...................................................
2,675 
2,675 
SPECIAL PURPOSE VEHICLES 
006 
ITEMS LESS THAN $5 MILLION ...................................................
2,557 
2,557 
MATERIALS HANDLING EQUIPMENT 
008 
ITEMS LESS THAN $5 MILLION ...................................................
4,329 
4,329 
BASE MAINTENANCE SUPPORT 
009 
RUNWAY SNOW REMOV AND CLEANING EQU ........................
984 
984 
010 
ITEMS LESS THAN $5 MILLION ...................................................
9,120 
9,120 
ELECTRONICS PROGRAMS 
022 
WEATHER OBSERVATION FORECAST ........................................
5,600 
5,600 
SPCL COMM-ELECTRONICS PROJECTS 
027 
GENERAL INFORMATION TECHNOLOGY ..................................
11,157 
11,157 
ORGANIZATION AND BASE 
049 
TACTICAL C-E EQUIPMENT ..........................................................
7,000 
7,000 
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126 STAT. 2254 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
053 
BASE COMM INFRASTRUCTURE ..................................................
10,654 
10,654 
MODIFICATIONS 
054 
COMM ELECT MODS .......................................................................
8,000 
8,000 
PERSONAL SAFETY & RESCUE EQUIP 
055 
NIGHT VISION GOGGLES ...............................................................
902 
902 
BASE SUPPORT EQUIPMENT 
059 
CONTINGENCY OPERATIONS .......................................................
60,090 
60,090 
062 
MOBILITY EQUIPMENT ..................................................................
9,400 
9,400 
063 
ITEMS LESS THAN $5 MILLION ...................................................
9,175 
9,175 
CLASSIFIED PROGRAMS 
069A 
CLASSIFIED PROGRAMS ................................................................
2,672,317 
2,672,317 
SPARES AND REPAIR PARTS 
071 
SPARES AND REPAIR PARTS ........................................................
2,300 
2,300 
TOTAL OTHER PROCUREMENT, AIR FORCE ............
2,818,270 
2,818,270 
PROCUREMENT, DEFENSE-WIDE 
MAJOR EQUIPMENT, DISA 
015 
TELEPORT PROGRAM .....................................................................
5,260 
5,260 
CLASSIFIED PROGRAMS 
045A 
CLASSIFIED PROGRAMS ................................................................
126,201 
126,201 
AVIATION PROGRAMS 
061 
MQ–8 UAV ..........................................................................................
16,500 
16,500 
OTHER PROCUREMENT PROGRAMS 
068 
COMMUNICATIONS EQUIPMENT AND ELECTRONICS ..........
151 
151 
069 
INTELLIGENCE SYSTEMS .............................................................
30,528 
30,528 
077 
TACTICAL VEHICLES ......................................................................
1,843 
1,843 
082 
AUTOMATION SYSTEMS ................................................................
1,000 
1,000 
086 
VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS
108 
108 
091 
OPERATIONAL ENHANCEMENTS ................................................
14,758 
14,758 
TOTAL PROCUREMENT, DEFENSE-WIDE ...................
196,349 
196,349 
JOINT URGENT OPERATIONAL NEEDS FUND 
JOINT URGENT OPERATIONAL NEEDS FUND 
001 
JOINT URGENT OPERATIONAL NEEDS FUND .........................
100,000 
0 
Program reduction .......................................................................
[–100,000 
] 
TOTAL JOINT URGENT OPERATIONAL NEEDS 
FUND.
100,000 
0 
NATIONAL GUARD & RESERVE EQUIPMENT 
UNDISTRIBUTED 
999 
MISCELLANEOUS EQUIPMENT ....................................................
350,000 
Program increase .........................................................................
[350,000 
] 
TOTAL NATIONAL GUARD & RESERVE EQUIP-
MENT.
350,000 
TOTAL PROCUREMENT ....................................................
9,687,241 
10,145,155 
TITLE 
XLII—RESEARCH, 
DEVELOP-
MENT, TEST, AND EVALUATION 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
RESEARCH, 
DEVELOPMENT, 
TEST 
& 
EVAL, 
ARMY 
BASIC RESEARCH 
001 
0601101A 
IN-HOUSE LABORATORY INDEPENDENT RESEARCH 
20,860 
20,860 
002 
0601102A 
DEFENSE RESEARCH SCIENCES ....................................
219,180 
219,180 
003 
0601103A 
UNIVERSITY RESEARCH INITIATIVES ..........................
80,986 
80,986 
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126 STAT. 2255 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
004 
0601104A 
UNIVERSITY AND INDUSTRY RESEARCH CENTERS
123,045 
123,045 
SUBTOTAL BASIC RESEARCH ..................................
444,071 
444,071 
APPLIED RESEARCH 
005 
0602105A 
MATERIALS TECHNOLOGY ..............................................
29,041 
39,041 
Advanced coating technologies for corrosion mitiga-
tion.
[10,000 
] 
006 
0602120A 
SENSORS AND ELECTRONIC SURVIVABILITY ............
45,260 
45,260 
007 
0602122A 
TRACTOR HIP ......................................................................
22,439 
22,439 
008 
0602211A 
AVIATION TECHNOLOGY .................................................
51,607 
51,607 
009 
0602270A 
ELECTRONIC WARFARE TECHNOLOGY .......................
15,068 
15,068 
010 
0602303A 
MISSILE TECHNOLOGY ....................................................
49,383 
49,383 
011 
0602307A 
ADVANCED WEAPONS TECHNOLOGY ..........................
25,999 
25,999 
012 
0602308A 
ADVANCED CONCEPTS AND SIMULATION ..................
23,507 
23,507 
013 
0602601A 
COMBAT 
VEHICLE 
AND 
AUTOMOTIVE 
TECH-
NOLOGY.
69,062 
69,062 
014 
0602618A 
BALLISTICS TECHNOLOGY ..............................................
60,823 
60,823 
015 
0602622A 
CHEMICAL, SMOKE AND EQUIPMENT DEFEATING 
TECHNOLOGY.
4,465 
4,465 
016 
0602623A 
JOINT SERVICE SMALL ARMS PROGRAM ....................
7,169 
7,169 
017 
0602624A 
WEAPONS AND MUNITIONS TECHNOLOGY ................
35,218 
35,218 
018 
0602705A 
ELECTRONICS AND ELECTRONIC DEVICES ...............
60,300 
60,300 
019 
0602709A 
NIGHT VISION TECHNOLOGY .........................................
53,244 
53,244 
020 
0602712A 
COUNTERMINE SYSTEMS ................................................
18,850 
18,850 
021 
0602716A 
HUMAN FACTORS ENGINEERING TECHNOLOGY ......
19,872 
19,872 
022 
0602720A 
ENVIRONMENTAL QUALITY TECHNOLOGY ................
20,095 
20,095 
023 
0602782A 
COMMAND, CONTROL, COMMUNICATIONS TECH-
NOLOGY.
28,852 
28,852 
024 
0602783A 
COMPUTER AND SOFTWARE TECHNOLOGY ...............
9,830 
9,830 
025 
0602784A 
MILITARY ENGINEERING TECHNOLOGY ....................
70,693 
70,693 
026 
0602785A 
MANPOWER/PERSONNEL/TRAINING TECHNOLOGY
17,781 
17,781 
027 
0602786A 
WARFIGHTER TECHNOLOGY ..........................................
28,281 
28,281 
028 
0602787A 
MEDICAL TECHNOLOGY ..................................................
107,891 
107,891 
SUBTOTAL APPLIED RESEARCH ............................
874,730 
884,730 
ADVANCED TECHNOLOGY DEVELOPMENT 
029 
0603001A 
WARFIGHTER ADVANCED TECHNOLOGY ....................
39,359 
39,359 
030 
0603002A 
MEDICAL ADVANCED TECHNOLOGY ............................
69,580 
69,580 
031 
0603003A 
AVIATION ADVANCED TECHNOLOGY ...........................
64,215 
64,215 
032 
0603004A 
WEAPONS AND MUNITIONS ADVANCED TECH-
NOLOGY.
67,613 
67,613 
033 
0603005A 
COMBAT VEHICLE AND AUTOMOTIVE ADVANCED 
TECHNOLOGY.
104,359 
104,359 
034 
0603006A 
COMMAND, 
CONTROL, 
COMMUNICATIONS 
AD-
VANCED TECHNOLOGY.
4,157 
4,157 
035 
0603007A 
MANPOWER, 
PERSONNEL 
AND 
TRAINING 
AD-
VANCED TECHNOLOGY.
9,856 
9,856 
036 
0603008A 
ELECTRONIC WARFARE ADVANCED TECHNOLOGY 
50,661 
50,661 
037 
0603009A 
TRACTOR HIKE ...................................................................
9,126 
9,126 
038 
0603015A 
NEXT GENERATION TRAINING & SIMULATION SYS-
TEMS.
17,257 
17,257 
039 
0603020A 
TRACTOR ROSE ...................................................................
9,925 
9,925 
040 
0603105A 
MILITARY HIV RESEARCH ...............................................
6,984 
6,984 
041 
0603125A 
COMBATING TERRORISM—TECHNOLOGY DEVEL-
OPMENT.
9,716 
9,716 
042 
0603130A 
TRACTOR NAIL ....................................................................
3,487 
3,487 
043 
0603131A 
TRACTOR EGGS ...................................................................
2,323 
2,323 
044 
0603270A 
ELECTRONIC WARFARE TECHNOLOGY .......................
21,683 
21,683 
045 
0603313A 
MISSILE AND ROCKET ADVANCED TECHNOLOGY ...
71,111 
71,111 
046 
0603322A 
TRACTOR CAGE ...................................................................
10,902 
10,902 
047 
0603461A 
HIGH PERFORMANCE COMPUTING MODERNIZA-
TION PROGRAM.
180,582 
180,582 
048 
0603606A 
LANDMINE WARFARE AND BARRIER ADVANCED 
TECHNOLOGY.
27,204 
27,204 
049 
0603607A 
JOINT SERVICE SMALL ARMS PROGRAM ....................
6,095 
6,095 
050 
0603710A 
NIGHT VISION ADVANCED TECHNOLOGY ..................
37,217 
37,217 
VerDate Mar 15 2010 
07:50 May 21, 2015
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126 STAT. 2256 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
051 
0603728A 
ENVIRONMENTAL QUALITY TECHNOLOGY DEM-
ONSTRATIONS.
13,626 
13,626 
052 
0603734A 
MILITARY 
ENGINEERING 
ADVANCED 
TECH-
NOLOGY.
28,458 
28,458 
053 
0603772A 
ADVANCED TACTICAL COMPUTER SCIENCE AND 
SENSOR TECHNOLOGY.
25,226 
25,226 
SUBTOTAL ADVANCED TECHNOLOGY DEVEL-
OPMENT.
890,722 
890,722 
ADVANCED 
COMPONENT 
DEVELOPMENT 
& 
PROTOTYPES 
054 
0603305A 
ARMY MISSILE DEFENSE SYSTEMS INTEGRATION ..
14,505 
14,505 
055 
0603308A 
ARMY SPACE SYSTEMS INTEGRATION ........................
9,876 
9,876 
056 
0603619A 
LANDMINE WARFARE AND BARRIER—ADV DEV ......
5,054 
5,054 
057 
0603627A 
SMOKE, OBSCURANT AND TARGET DEFEATING 
SYS-ADV DEV.
2,725 
2,725 
058 
0603639A 
TANK AND MEDIUM CALIBER AMMUNITION .............
30,560 
30,560 
059 
0603653A 
ADVANCED TANK ARMAMENT SYSTEM (ATAS) .........
14,347 
14,347 
060 
0603747A 
SOLDIER SUPPORT AND SURVIVABILITY ....................
10,073 
10,073 
061 
0603766A 
TACTICAL ELECTRONIC SURVEILLANCE SYSTEM— 
ADV DEV.
8,660 
8,660 
062 
0603774A 
NIGHT VISION SYSTEMS ADVANCED DEVELOP-
MENT.
10,715 
10,715 
063 
0603779A 
ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/ 
VAL.
4,631 
4,631 
064 
0603782A 
WARFIGHTER 
INFORMATION 
NETWORK-TAC-
TICAL—DEM/VAL.
278,018 
278,018 
065 
0603790A 
NATO RESEARCH AND DEVELOPMENT .......................
4,961 
4,961 
066 
0603801A 
AVIATION—ADV DEV .........................................................
8,602 
8,602 
067 
0603804A 
LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 
14,605 
14,605 
068 
0603805A 
COMBAT SERVICE SUPPORT CONTROL SYSTEM 
EVALUATION AND ANALYSIS.
5,054 
5,054 
069 
0603807A 
MEDICAL SYSTEMS—ADV DEV .......................................
24,384 
24,384 
070 
0603827A 
SOLDIER SYSTEMS—ADVANCED DEVELOPMENT .....
32,050 
32,050 
071 
0603850A 
INTEGRATED BROADCAST SERVICE .............................
96 
96 
072 
0604115A 
TECHNOLOGY MATURATION INITIATIVES .................
24,868 
24,868 
073 
0604131A 
TRACTOR JUTE ...................................................................
59 
59 
075 
0604319A 
INDIRECT FIRE PROTECTION CAPABILITY INCRE-
MENT 2–INTERCEPT (IFPC2).
76,039 
76,039 
077 
0604785A 
INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) 
4,043 
4,043 
078 
0305205A 
ENDURANCE UAVS ............................................................
26,196 
20,197 
Program decrease ...........................................................
[–5,999 
] 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT & PROTOTYPES.
610,121 
604,122 
SYSTEM DEVELOPMENT & DEMONSTRATION 
079 
0604201A 
AIRCRAFT AVIONICS .........................................................
78,538 
78,538 
080 
0604220A 
ARMED, DEPLOYABLE HELOS ........................................
90,494 
90,494 
081 
0604270A 
ELECTRONIC WARFARE DEVELOPMENT ....................
181,347 
176,347 
Program adjustment ......................................................
[–5,000 
] 
083 
0604290A 
MID-TIER 
NETWORKING 
VEHICULAR 
RADIO 
(MNVR).
12,636 
12,636 
084 
0604321A 
ALL SOURCE ANALYSIS SYSTEM ...................................
5,694 
5,694 
085 
0604328A 
TRACTOR CAGE ...................................................................
32,095 
32,095 
086 
0604601A 
INFANTRY SUPPORT WEAPONS .....................................
96,478 
93,078 
XM25 funding ahead of need .........................................
[–3,400 
] 
087 
0604604A 
MEDIUM TACTICAL VEHICLES .......................................
3,006 
3,006 
089 
0604611A 
JAVELIN ................................................................................
5,040 
5,040 
090 
0604622A 
FAMILY OF HEAVY TACTICAL VEHICLES ....................
3,077 
3,077 
091 
0604633A 
AIR TRAFFIC CONTROL ....................................................
9,769 
9,769 
092 
0604641A 
TACTICAL UNMANNED GROUND VEHICLE (TUGV) ..
13,141 
13,141 
099 
0604710A 
NIGHT VISION SYSTEMS—ENG DEV .............................
32,621 
32,621 
100 
0604713A 
COMBAT FEEDING, CLOTHING, AND EQUIPMENT ...
2,132 
2,132 
101 
0604715A 
NON-SYSTEM TRAINING DEVICES—ENG DEV ...........
44,787 
44,787 
102 
0604716A 
TERRAIN INFORMATION—ENG DEV .............................
1,008 
1,008 
103 
0604741A 
AIR DEFENSE COMMAND, CONTROL AND INTEL-
LIGENCE—ENG DEV.
73,333 
73,333 
VerDate Mar 15 2010 
07:50 May 21, 2015
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G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 2257 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
104 
0604742A 
CONSTRUCTIVE SIMULATION SYSTEMS DEVELOP-
MENT.
28,937 
28,937 
105 
0604746A 
AUTOMATIC TEST EQUIPMENT DEVELOPMENT .......
10,815 
10,815 
106 
0604760A 
DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)— 
ENG DEV.
13,926 
13,926 
107 
0604780A 
COMBINED ARMS TACTICAL TRAINER (CATT) CORE 
17,797 
17,797 
108 
0604798A 
BRIGADE ANALYSIS, INTEGRATION AND EVALUA-
TION.
214,270 
214,270 
109 
0604802A 
WEAPONS AND MUNITIONS—ENG DEV .......................
14,581 
14,581 
110 
0604804A 
LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 
43,706 
43,706 
111 
0604805A 
COMMAND, 
CONTROL, 
COMMUNICATIONS 
SYS-
TEMS—ENG DEV.
20,776 
20,776 
112 
0604807A 
MEDICAL MATERIEL/MEDICAL BIOLOGICAL DE-
FENSE EQUIPMENT—ENG DEV.
43,395 
43,395 
113 
0604808A 
LANDMINE WARFARE/BARRIER—ENG DEV ................
104,983 
104,983 
114 
0604814A 
ARTILLERY MUNITIONS—EMD .......................................
4,346 
4,346 
116 
0604818A 
ARMY TACTICAL COMMAND & CONTROL HARD-
WARE & SOFTWARE.
77,223 
77,223 
117 
0604820A 
RADAR DEVELOPMENT ....................................................
3,486 
3,486 
118 
0604822A 
GENERAL FUND ENTERPRISE BUSINESS SYSTEM 
(GFEBS).
9,963 
27,163 
GFEBS realignment per Army request ........................
[17,200 
] 
119 
0604823A 
FIREFINDER ........................................................................
20,517 
20,517 
120 
0604827A 
SOLDIER SYSTEMS—WARRIOR DEM/VAL ....................
51,851 
51,851 
121 
0604854A 
ARTILLERY SYSTEMS—EMD ...........................................
167,797 
167,797 
122 
0604869A 
PATRIOT/MEADS 
COMBINED 
AGGREGATE 
PRO-
GRAM (CAP).
400,861 
0 
Prohibition of funds for MEADS ...................................
[–400,861 
] 
123 
0604870A 
NUCLEAR ARMS CONTROL MONITORING SENSOR 
NETWORK.
7,922 
7,922 
124 
0605013A 
INFORMATION TECHNOLOGY DEVELOPMENT ..........
51,463 
51,463 
125 
0605018A 
INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY 
(IPPS-A).
158,646 
158,646 
126 
0605450A 
JOINT AIR-TO-GROUND MISSILE (JAGM) .....................
10,000 
10,000 
128 
0605456A 
PAC–3/MSE MISSILE ..........................................................
69,029 
69,029 
129 
0605457A 
ARMY INTEGRATED AIR AND MISSILE DEFENSE 
(AIAMD).
277,374 
315,374 
DRFM countermeasures studies ...................................
[38,000 
] 
130 
0605625A 
MANNED GROUND VEHICLE ...........................................
639,874 
639,874 
131 
0605626A 
AERIAL COMMON SENSOR ..............................................
47,426 
47,426 
132 
0605812A 
JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGI-
NEERING AND MANUFACTURING DEVELOPMENT 
PH.
72,295 
72,295 
133 
0303032A 
TROJAN—RH12 ....................................................................
4,232 
4,232 
134 
0304270A 
ELECTRONIC WARFARE DEVELOPMENT ....................
13,942 
13,942 
SUBTOTAL SYSTEM DEVELOPMENT & DEM-
ONSTRATION.
3,286,629 
2,932,568 
RDT&E MANAGEMENT SUPPORT 
135 
0604256A 
THREAT SIMULATOR DEVELOPMENT ..........................
18,090 
18,090 
136 
0604258A 
TARGET SYSTEMS DEVELOPMENT ...............................
14,034 
14,034 
137 
0604759A 
MAJOR T&E INVESTMENT ...............................................
37,394 
37,394 
138 
0605103A 
RAND ARROYO CENTER ...................................................
21,026 
21,026 
139 
0605301A 
ARMY KWAJALEIN ATOLL ...............................................
176,816 
176,816 
140 
0605326A 
CONCEPTS EXPERIMENTATION PROGRAM ................
27,902 
27,902 
142 
0605601A 
ARMY TEST RANGES AND FACILITIES .........................
369,900 
369,900 
143 
0605602A 
ARMY TECHNICAL TEST INSTRUMENTATION AND 
TARGETS.
69,183 
69,183 
144 
0605604A 
SURVIVABILITY/LETHALITY ANALYSIS .......................
44,753 
44,753 
146 
0605606A 
AIRCRAFT CERTIFICATION ..............................................
5,762 
5,762 
147 
0605702A 
METEOROLOGICAL SUPPORT TO RDT&E ACTIVI-
TIES.
7,402 
7,402 
148 
0605706A 
MATERIEL SYSTEMS ANALYSIS .....................................
19,954 
19,954 
149 
0605709A 
EXPLOITATION OF FOREIGN ITEMS .............................
5,535 
5,535 
150 
0605712A 
SUPPORT OF OPERATIONAL TESTING .........................
67,789 
67,789 
151 
0605716A 
ARMY EVALUATION CENTER ..........................................
62,765 
62,765 
VerDate Mar 15 2010 
07:50 May 21, 2015
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G:\GSDD\STATUTES\2012\PT2\19194PT2.001
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126 STAT. 2258 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
152 
0605718A 
ARMY MODELING & SIM X-CMD COLLABORATION & 
INTEG.
1,545 
1,545 
153 
0605801A 
PROGRAMWIDE ACTIVITIES ............................................
83,422 
83,422 
154 
0605803A 
TECHNICAL INFORMATION ACTIVITIES ......................
50,820 
50,820 
155 
0605805A 
MUNITIONS STANDARDIZATION, EFFECTIVENESS 
AND SAFETY.
46,763 
46,763 
156 
0605857A 
ENVIRONMENTAL QUALITY TECHNOLOGY MGMT 
SUPPORT.
4,601 
4,601 
157 
0605898A 
MANAGEMENT HQ—R&D .................................................
18,524 
18,524 
SUBTOTAL RDT&E MANAGEMENT SUPPORT ....
1,153,980 
1,153,980 
OPERATIONAL SYSTEMS DEVELOPMENT 
159 
0603778A 
MLRS PRODUCT IMPROVEMENT PROGRAM ...............
143,005 
143,005 
161 
0607865A 
PATRIOT PRODUCT IMPROVEMENT ..............................
109,978 
109,978 
162 
0102419A 
AEROSTAT JOINT PROJECT OFFICE .............................
190,422 
159,922 
Program decrease ...........................................................
[–30,500 
] 
164 
0203726A 
ADV FIELD ARTILLERY TACTICAL DATA SYSTEM ....
32,556 
32,556 
165 
0203735A 
COMBAT VEHICLE IMPROVEMENT PROGRAMS ........
253,959 
253,959 
166 
0203740A 
MANEUVER CONTROL SYSTEM ......................................
68,325 
68,325 
167 
0203744A 
AIRCRAFT 
MODIFICATIONS/PRODUCT 
IMPROVE-
MENT PROGRAMS.
280,247 
226,147 
Funding ahead of need ..................................................
[–54,100 
] 
168 
0203752A 
AIRCRAFT ENGINE COMPONENT IMPROVEMENT 
PROGRAM.
898 
898 
169 
0203758A 
DIGITIZATION ......................................................................
35,180 
35,180 
171 
0203801A 
MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT 
PROGRAM.
20,733 
20,733 
172 
0203808A 
TRACTOR CARD ...................................................................
63,243 
63,243 
173 
0208053A 
JOINT TACTICAL GROUND SYSTEM ..............................
31,738 
31,738 
174 
0208058A 
JOINT HIGH SPEED VESSEL (JHSV) ..............................
35 
35 
176 
0303028A 
SECURITY AND INTELLIGENCE ACTIVITIES ..............
7,591 
7,591 
177 
0303140A 
INFORMATION SYSTEMS SECURITY PROGRAM .........
15,961 
15,961 
178 
0303141A 
GLOBAL COMBAT SUPPORT SYSTEM ...........................
120,927 
120,927 
179 
0303142A 
SATCOM GROUND ENVIRONMENT (SPACE) ................
15,756 
15,756 
180 
0303150A 
WWMCCS/GLOBAL COMMAND AND CONTROL SYS-
TEM.
14,443 
14,443 
182 
0305204A 
TACTICAL UNMANNED AERIAL VEHICLES .................
31,303 
31,303 
183 
0305208A 
DISTRIBUTED COMMON GROUND/SURFACE SYS-
TEMS.
40,876 
40,876 
184 
0305219A 
MQ–1 SKY WARRIOR A UAV .............................................
74,618 
74,618 
185 
0305232A 
RQ–11 UAV ............................................................................
4,039 
4,039 
186 
0305233A 
RQ–7 UAV ..............................................................................
31,158 
31,158 
187 
0305235A 
VERTICAL UAS ....................................................................
2,387 
2,387 
188 
0307665A 
BIOMETRICS ENABLED INTELLIGENCE ......................
15,248 
15,248 
189 
0708045A 
END ITEM INDUSTRIAL PREPAREDNESS ACTIVI-
TIES.
59,908 
59,908 
189A 
9999999999 
CLASSIFIED PROGRAMS ...................................................
4,628 
4,628 
SUBTOTAL OPERATIONAL SYSTEMS DEVELOP-
MENT.
1,669,162 
1,584,562 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, ARMY.
8,929,415 
8,494,755 
RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 
BASIC RESEARCH 
001 
0601103N 
UNIVERSITY RESEARCH INITIATIVES ..........................
113,690 
123,690 
Increase Defense University Research Instrumenta-
tion Program.
[10,000 
] 
002 
0601152N 
IN-HOUSE LABORATORY INDEPENDENT RESEARCH 
18,261 
18,261 
003 
0601153N 
DEFENSE RESEARCH SCIENCES ....................................
473,070 
473,070 
SUBTOTAL BASIC RESEARCH ..................................
605,021 
615,021 
APPLIED RESEARCH 
004 
0602114N 
POWER PROJECTION APPLIED RESEARCH .................
89,189 
89,189 
005 
0602123N 
FORCE PROTECTION APPLIED RESEARCH .................
143,301 
143,301 
006 
0602131M 
MARINE CORPS LANDING FORCE TECHNOLOGY .....
46,528 
46,528 
007 
0602235N 
COMMON PICTURE APPLIED RESEARCH ....................
41,696 
41,696 
VerDate Mar 15 2010 
07:50 May 21, 2015
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G:\GSDD\STATUTES\2012\PT2\19194PT2.001
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126 STAT. 2259 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
008 
0602236N 
WARFIGHTER SUSTAINMENT APPLIED RESEARCH
44,127 
44,127 
009 
0602271N 
ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 
78,228 
78,228 
010 
0602435N 
OCEAN WARFIGHTING ENVIRONMENT APPLIED 
RESEARCH.
49,635 
49,635 
011 
0602651M 
JOINT 
NON-LETHAL 
WEAPONS 
APPLIED 
RE-
SEARCH.
5,973 
5,973 
012 
0602747N 
UNDERSEA WARFARE APPLIED RESEARCH ...............
96,814 
96,814 
013 
0602750N 
FUTURE 
NAVAL 
CAPABILITIES 
APPLIED 
RE-
SEARCH.
162,417 
162,417 
014 
0602782N 
MINE AND EXPEDITIONARY WARFARE APPLIED 
RESEARCH.
32,394 
32,394 
SUBTOTAL APPLIED RESEARCH ............................
790,302 
790,302 
ADVANCED TECHNOLOGY DEVELOPMENT 
015 
0603114N 
POWER PROJECTION ADVANCED TECHNOLOGY ......
56,543 
56,543 
016 
0603123N 
FORCE PROTECTION ADVANCED TECHNOLOGY ......
18,616 
18,616 
019 
0603271N 
ELECTROMAGNETIC SYSTEMS ADVANCED TECH-
NOLOGY.
54,858 
54,858 
020 
0603640M 
USMC ADVANCED TECHNOLOGY DEMONSTRATION 
(ATD).
130,598 
130,598 
021 
0603651M 
JOINT NON-LETHAL WEAPONS TECHNOLOGY DE-
VELOPMENT.
11,706 
11,706 
022 
0603673N 
FUTURE NAVAL CAPABILITIES ADVANCED TECH-
NOLOGY DEVELOPMENT.
256,382 
256,382 
023 
0603729N 
WARFIGHTER 
PROTECTION 
ADVANCED 
TECH-
NOLOGY.
3,880 
3,880 
025 
0603758N 
NAVY WARFIGHTING EXPERIMENTS AND DEM-
ONSTRATIONS.
51,819 
51,819 
SUBTOTAL ADVANCED TECHNOLOGY DEVEL-
OPMENT.
584,402 
584,402 
ADVANCED 
COMPONENT 
DEVELOPMENT 
& 
PROTOTYPES 
028 
0603207N 
AIR/OCEAN TACTICAL APPLICATIONS .........................
34,085 
34,085 
029 
0603216N 
AVIATION SURVIVABILITY ..............................................
8,783 
8,783 
030 
0603237N 
DEPLOYABLE JOINT COMMAND AND CONTROL .......
3,773 
3,773 
031 
0603251N 
AIRCRAFT SYSTEMS ..........................................................
24,512 
24,512 
032 
0603254N 
ASW SYSTEMS DEVELOPMENT ......................................
8,090 
8,090 
033 
0603261N 
TACTICAL AIRBORNE RECONNAISSANCE ...................
5,301 
5,301 
034 
0603382N 
ADVANCED COMBAT SYSTEMS TECHNOLOGY ..........
1,506 
1,506 
035 
0603502N 
SURFACE AND SHALLOW WATER MINE COUNTER-
MEASURES.
190,622 
188,622 
Excess to need ................................................................
[–2,000 
] 
036 
0603506N 
SURFACE SHIP TORPEDO DEFENSE .............................
93,346 
93,346 
037 
0603512N 
CARRIER SYSTEMS DEVELOPMENT ..............................
108,871 
108,871 
039 
0603525N 
PILOT FISH ...........................................................................
101,169 
101,169 
040 
0603527N 
RETRACT LARCH ................................................................
74,312 
74,312 
041 
0603536N 
RETRACT JUNIPER ............................................................
90,730 
90,730 
042 
0603542N 
RADIOLOGICAL CONTROL ...............................................
777 
777 
043 
0603553N 
SURFACE ASW .....................................................................
6,704 
6,704 
044 
0603561N 
ADVANCED SUBMARINE SYSTEM DEVELOPMENT ...
555,123 
555,123 
045 
0603562N 
SUBMARINE TACTICAL WARFARE SYSTEMS ..............
9,368 
9,368 
046 
0603563N 
SHIP CONCEPT ADVANCED DESIGN .............................
24,609 
24,609 
047 
0603564N 
SHIP PRELIMINARY DESIGN & FEASIBILITY STUD-
IES.
13,710 
13,710 
048 
0603570N 
ADVANCED NUCLEAR POWER SYSTEMS .....................
249,748 
249,748 
049 
0603573N 
ADVANCED SURFACE MACHINERY SYSTEMS ............
29,897 
29,897 
050 
0603576N 
CHALK EAGLE .....................................................................
509,988 
509,988 
051 
0603581N 
LITTORAL COMBAT SHIP (LCS) ......................................
429,420 
429,420 
052 
0603582N 
COMBAT SYSTEM INTEGRATION ...................................
56,551 
56,551 
053 
0603609N 
CONVENTIONAL MUNITIONS .........................................
7,342 
7,342 
054 
0603611M 
MARINE CORPS ASSAULT VEHICLES ...........................
95,182 
95,182 
055 
0603635M 
MARINE CORPS GROUND COMBAT/SUPPORT SYS-
TEM.
10,496 
10,496 
056 
0603654N 
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOP-
MENT.
52,331 
52,331 
057 
0603658N 
COOPERATIVE ENGAGEMENT ........................................
56,512 
56,512 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
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Fmt 6580
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G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 2260 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
058 
0603713N 
OCEAN ENGINEERING TECHNOLOGY DEVELOP-
MENT.
7,029 
7,029 
059 
0603721N 
ENVIRONMENTAL PROTECTION ....................................
21,080 
21,080 
060 
0603724N 
NAVY ENERGY PROGRAM ................................................
55,324 
55,324 
061 
0603725N 
FACILITIES IMPROVEMENT ............................................
3,401 
3,401 
062 
0603734N 
CHALK CORAL .....................................................................
45,966 
45,966 
063 
0603739N 
NAVY LOGISTIC PRODUCTIVITY ....................................
3,811 
3,811 
064 
0603746N 
RETRACT MAPLE ................................................................
341,305 
341,305 
065 
0603748N 
LINK PLUMERIA .................................................................
181,220 
181,220 
066 
0603751N 
RETRACT ELM .....................................................................
174,014 
174,014 
068 
0603764N 
LINK EVERGREEN ..............................................................
68,654 
68,654 
069 
0603787N 
SPECIAL PROCESSES ........................................................
44,487 
44,487 
070 
0603790N 
NATO RESEARCH AND DEVELOPMENT .......................
9,389 
9,389 
071 
0603795N 
LAND ATTACK TECHNOLOGY .........................................
16,132 
16,132 
072 
0603851M 
JOINT NON-LETHAL WEAPONS TESTING ....................
44,994 
44,994 
073 
0603860N 
JOINT PRECISION APPROACH AND LANDING SYS-
TEMS—DEM/VAL.
137,369 
137,369 
076 
0604272N 
TACTICAL AIR DIRECTIONAL INFRARED COUNTER-
MEASURES (TADIRCM).
73,934 
73,934 
077 
0604279N 
ASE SELF-PROTECTION OPTIMIZATION ......................
711 
711 
078 
0604653N 
JOINT COUNTER RADIO CONTROLLED IED ELEC-
TRONIC WARFARE (JCREW).
71,300 
71,300 
079 
0604659N 
PRECISION STRIKE WEAPONS DEVELOPMENT PRO-
GRAM.
5,654 
5,654 
080 
0604707N 
SPACE AND ELECTRONIC WARFARE (SEW) ARCHI-
TECTURE/ENGINEERING SUPPORT.
31,549 
31,549 
082 
0604786N 
OFFENSIVE ANTI-SURFACE WARFARE WEAPON DE-
VELOPMENT.
86,801 
86,801 
083 
0605812M 
JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGI-
NEERING AND MANUFACTURING DEVELOPMENT 
PH.
44,500 
44,500 
084 
0303354N 
ASW SYSTEMS DEVELOPMENT—MIP ...........................
13,172 
13,172 
086 
0304270N 
ELECTRONIC WARFARE DEVELOPMENT—MIP ..........
643 
643 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT & PROTOTYPES.
4,335,297 
4,333,297 
SYSTEM DEVELOPMENT & DEMONSTRATION 
087 
0604212N 
OTHER HELO DEVELOPMENT ........................................
33,978 
33,978 
088 
0604214N 
AV–8B AIRCRAFT—ENG DEV ...........................................
32,789 
32,789 
089 
0604215N 
STANDARDS DEVELOPMENT ..........................................
84,988 
82,988 
Program behind in execution ........................................
[–2,000 
] 
090 
0604216N 
MULTI-MISSION HELICOPTER UPGRADE DEVELOP-
MENT.
6,866 
6,866 
091 
0604218N 
AIR/OCEAN EQUIPMENT ENGINEERING .....................
4,060 
4,060 
092 
0604221N 
P–3 MODERNIZATION PROGRAM ...................................
3,451 
3,451 
093 
0604230N 
WARFARE SUPPORT SYSTEM ..........................................
13,071 
13,071 
094 
0604231N 
TACTICAL COMMAND SYSTEM .......................................
71,645 
71,645 
095 
0604234N 
ADVANCED HAWKEYE ......................................................
119,065 
119,065 
096 
0604245N 
H–1 UPGRADES ...................................................................
31,105 
31,105 
097 
0604261N 
ACOUSTIC SEARCH SENSORS .........................................
34,299 
34,299 
098 
0604262N 
V–22A .....................................................................................
54,412 
54,412 
099 
0604264N 
AIR CREW SYSTEMS DEVELOPMENT ...........................
2,717 
2,717 
100 
0604269N 
EA–18 .....................................................................................
13,009 
13,009 
101 
0604270N 
ELECTRONIC WARFARE DEVELOPMENT ....................
51,304 
51,304 
102 
0604273N 
VH–71A EXECUTIVE HELO DEVELOPMENT ................
61,163 
61,163 
103 
0604274N 
NEXT GENERATION JAMMER (NGJ) ..............................
187,024 
187,024 
104 
0604280N 
JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS- 
NAVY).
337,480 
337,480 
105 
0604307N 
SURFACE COMBATANT COMBAT SYSTEM ENGI-
NEERING.
260,616 
510,616 
Cruiser Retention ...........................................................
[250,000 
] 
106 
0604311N 
LPD–17 CLASS SYSTEMS INTEGRATION ......................
824 
824 
107 
0604329N 
SMALL DIAMETER BOMB (SDB) ......................................
31,064 
31,064 
108 
0604366N 
STANDARD MISSILE IMPROVEMENTS ..........................
63,891 
58,391 
Program execution ..........................................................
[–5,500 
] 
109 
0604373N 
AIRBORNE MCM ..................................................................
73,246 
73,246 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
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G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 2261 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
110 
0604376M 
MARINE AIR GROUND TASK FORCE (MAGTF) ELEC-
TRONIC WARFARE (EW) FOR AVIATION.
10,568 
10,568 
111 
0604378N 
NAVAL INTEGRATED FIRE CONTROL—COUNTER 
AIR SYSTEMS ENGINEERING.
39,974 
39,974 
112 
0604404N 
UNMANNED CARRIER LAUNCHED AIRBORNE SUR-
VEILLANCE AND STRIKE (UCLASS) SYSTEM.
122,481 
122,481 
113 
0604501N 
ADVANCED ABOVE WATER SENSORS ...........................
255,516 
255,516 
114 
0604503N 
SSN–688 AND TRIDENT MODERNIZATION ...................
82,620 
82,620 
115 
0604504N 
AIR CONTROL ......................................................................
5,633 
5,633 
116 
0604512N 
SHIPBOARD AVIATION SYSTEMS ...................................
55,826 
55,826 
117 
0604518N 
COMBAT INFORMATION CENTER CONVERSION .......
918 
918 
118 
0604558N 
NEW DESIGN SSN ...............................................................
165,230 
165,230 
119 
0604562N 
SUBMARINE TACTICAL WARFARE SYSTEM ................
49,141 
49,141 
120 
0604567N 
SHIP CONTRACT DESIGN/ LIVE FIRE T&E ..................
196,737 
196,737 
121 
0604574N 
NAVY TACTICAL COMPUTER RESOURCES ..................
3,889 
3,889 
122 
0604601N 
MINE DEVELOPMENT .......................................................
8,335 
8,335 
123 
0604610N 
LIGHTWEIGHT TORPEDO DEVELOPMENT ..................
49,818 
49,818 
124 
0604654N 
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOP-
MENT.
10,099 
10,099 
125 
0604703N 
PERSONNEL, 
TRAINING, 
SIMULATION, 
AND 
HUMAN FACTORS.
7,348 
7,348 
126 
0604727N 
JOINT STANDOFF WEAPON SYSTEMS ..........................
5,518 
5,518 
127 
0604755N 
SHIP SELF DEFENSE (DETECT & CONTROL) ..............
87,662 
87,662 
128 
0604756N 
SHIP SELF DEFENSE (ENGAGE: HARD KILL) ..............
64,079 
64,079 
129 
0604757N 
SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ........
151,489 
151,489 
131 
0604771N 
MEDICAL DEVELOPMENT ................................................
12,707 
12,707 
132 
0604777N 
NAVIGATION/ID SYSTEM ..................................................
47,764 
47,764 
133 
0604800M 
JOINT STRIKE FIGHTER (JSF)—EMD ............................
737,149 
733,949 
Block IV development ahead of need ............................
[–3,200 
] 
134 
0604800N 
JOINT STRIKE FIGHTER (JSF)—EMD ............................
743,926 
740,726 
Block IV development ahead of need ............................
[–3,200 
] 
135 
0605013M 
INFORMATION TECHNOLOGY DEVELOPMENT ..........
12,143 
12,143 
136 
0605013N 
INFORMATION TECHNOLOGY DEVELOPMENT ..........
72,209 
72,209 
138 
0605212N 
CH–53K RDTE ......................................................................
606,204 
606,204 
140 
0605500N 
MULTI-MISSION MARITIME AIRCRAFT (MMA) ...........
421,102 
421,102 
141 
0204202N 
DDG–1000 ..............................................................................
124,655 
124,655 
142 
0304231N 
TACTICAL COMMAND SYSTEM—MIP ............................
1,170 
1,170 
144 
0304785N 
TACTICAL CRYPTOLOGIC SYSTEMS ..............................
23,255 
23,255 
SUBTOTAL SYSTEM DEVELOPMENT & DEM-
ONSTRATION.
5,747,232 
5,983,332 
RDT&E MANAGEMENT SUPPORT 
146 
0604256N 
THREAT SIMULATOR DEVELOPMENT ..........................
30,790 
30,790 
147 
0604258N 
TARGET SYSTEMS DEVELOPMENT ...............................
59,221 
59,221 
148 
0604759N 
MAJOR T&E INVESTMENT ...............................................
35,894 
35,894 
149 
0605126N 
JOINT THEATER AIR AND MISSILE DEFENSE ORGA-
NIZATION.
7,573 
7,573 
150 
0605152N 
STUDIES AND ANALYSIS SUPPORT—NAVY .................
20,963 
20,963 
151 
0605154N 
CENTER FOR NAVAL ANALYSES ....................................
46,856 
46,856 
153 
0605804N 
TECHNICAL INFORMATION SERVICES .........................
796 
796 
154 
0605853N 
MANAGEMENT, TECHNICAL & INTERNATIONAL 
SUPPORT.
32,782 
32,782 
155 
0605856N 
STRATEGIC TECHNICAL SUPPORT ................................
3,306 
3,306 
156 
0605861N 
RDT&E SCIENCE AND TECHNOLOGY MANAGE-
MENT.
70,302 
70,302 
157 
0605863N 
RDT&E SHIP AND AIRCRAFT SUPPORT ........................
144,033 
144,033 
158 
0605864N 
TEST AND EVALUATION SUPPORT ................................
342,298 
342,298 
159 
0605865N 
OPERATIONAL 
TEST 
AND 
EVALUATION 
CAPA-
BILITY.
16,399 
16,399 
160 
0605866N 
NAVY SPACE AND ELECTRONIC WARFARE (SEW) 
SUPPORT.
4,579 
4,579 
161 
0605867N 
SEW SURVEILLANCE/RECONNAISSANCE SUPPORT
8,000 
8,000 
162 
0605873M 
MARINE CORPS PROGRAM WIDE SUPPORT ................
18,490 
18,490 
163 
0305885N 
TACTICAL CRYPTOLOGIC ACTIVITIES ..........................
2,795 
2,795 
SUBTOTAL RDT&E MANAGEMENT SUPPORT ....
845,077 
845,077 
OPERATIONAL SYSTEMS DEVELOPMENT 
VerDate Mar 15 2010 
07:50 May 21, 2015
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G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 2262 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
167 
0604402N 
UNMANNED COMBAT AIR VEHICLE (UCAV) AD-
VANCED COMPONENT AND PROTOTYPE DEVEL-
OPMENT.
142,282 
142,282 
170 
0101221N 
STRATEGIC SUB & WEAPONS SYSTEM SUPPORT .....
105,892 
105,892 
171 
0101224N 
SSBN SECURITY TECHNOLOGY PROGRAM .................
34,729 
34,729 
172 
0101226N 
SUBMARINE ACOUSTIC WARFARE DEVELOPMENT
1,434 
1,434 
173 
0101402N 
NAVY STRATEGIC COMMUNICATIONS .........................
19,208 
19,208 
174 
0203761N 
RAPID TECHNOLOGY TRANSITION (RTT) ....................
25,566 
25,566 
175 
0204136N 
F/A–18 SQUADRONS ...........................................................
188,299 
170,299 
Program behind in execution ........................................
[–18,000 
] 
176 
0204152N 
E–2 SQUADRONS .................................................................
8,610 
8,610 
177 
0204163N 
FLEET TELECOMMUNICATIONS (TACTICAL) .............
15,695 
15,695 
178 
0204228N 
SURFACE SUPPORT ...........................................................
4,171 
4,171 
179 
0204229N 
TOMAHAWK AND TOMAHAWK MISSION PLANNING 
CENTER (TMPC).
11,265 
11,265 
180 
0204311N 
INTEGRATED SURVEILLANCE SYSTEM .......................
45,922 
45,922 
181 
0204413N 
AMPHIBIOUS TACTICAL SUPPORT UNITS (DIS-
PLACEMENT CRAFT).
8,435 
8,435 
182 
0204460M 
GROUND/AIR TASK ORIENTED RADAR (G/ATOR) .......
75,088 
75,088 
183 
0204571N 
CONSOLIDATED TRAINING SYSTEMS DEVELOP-
MENT.
20,229 
20,229 
184 
0204574N 
CRYPTOLOGIC DIRECT SUPPORT ..................................
1,756 
1,756 
185 
0204575N 
ELECTRONIC WARFARE (EW) READINESS SUPPORT 
19,843 
19,843 
186 
0205601N 
HARM IMPROVEMENT ......................................................
11,477 
11,477 
187 
0205604N 
TACTICAL DATA LINKS .....................................................
118,818 
118,818 
188 
0205620N 
SURFACE ASW COMBAT SYSTEM INTEGRATION ......
27,342 
27,342 
189 
0205632N 
MK–48 ADCAP ......................................................................
28,717 
28,717 
190 
0205633N 
AVIATION IMPROVEMENTS .............................................
89,157 
89,157 
191 
0205658N 
NAVY SCIENCE ASSISTANCE PROGRAM ......................
3,450 
3,450 
192 
0205675N 
OPERATIONAL NUCLEAR POWER SYSTEMS ...............
86,435 
86,435 
193 
0206313M 
MARINE CORPS COMMUNICATIONS SYSTEMS ..........
219,054 
219,054 
194 
0206623M 
MARINE CORPS GROUND COMBAT/SUPPORTING 
ARMS SYSTEMS.
181,693 
181,693 
195 
0206624M 
MARINE CORPS COMBAT SERVICES SUPPORT ..........
58,393 
58,393 
196 
0206625M 
USMC INTELLIGENCE/ELECTRONIC WARFARE SYS-
TEMS (MIP).
22,966 
22,966 
197 
0207161N 
TACTICAL AIM MISSILES .................................................
21,107 
21,107 
198 
0207163N 
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 
(AMRAAM).
2,857 
2,857 
199 
0208058N 
JOINT HIGH SPEED VESSEL (JHSV) ..............................
1,932 
1,932 
204 
0303109N 
SATELLITE COMMUNICATIONS (SPACE) .....................
188,482 
188,482 
205 
0303138N 
CONSOLIDATED AFLOAT NETWORK ENTERPRISE 
SERVICES (CANES).
16,749 
16,749 
206 
0303140N 
INFORMATION SYSTEMS SECURITY PROGRAM .........
26,307 
26,307 
207 
0303150M 
WWMCCS/GLOBAL COMMAND AND CONTROL SYS-
TEM.
500 
500 
210 
0305149N 
COBRA JUDY ........................................................................
17,091 
17,091 
211 
0305160N 
NAVY METEOROLOGICAL AND OCEAN SENSORS- 
SPACE (METOC).
810 
810 
212 
0305192N 
MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVI-
TIES.
8,617 
8,617 
213 
0305204N 
TACTICAL UNMANNED AERIAL VEHICLES .................
9,066 
9,066 
215 
0305207N 
MANNED RECONNAISSANCE SYSTEMS .......................
30,654 
30,654 
216 
0305208M 
DISTRIBUTED COMMON GROUND/SURFACE SYS-
TEMS.
25,917 
25,917 
217 
0305208N 
DISTRIBUTED COMMON GROUND/SURFACE SYS-
TEMS.
14,676 
14,676 
218 
0305220N 
RQ–4 UAV ..............................................................................
657,483 
657,483 
219 
0305231N 
MQ–8 UAV .............................................................................
99,600 
99,600 
220 
0305232M 
RQ–11 UAV ............................................................................
495 
495 
221 
0305233N 
RQ–7 UAV ..............................................................................
863 
863 
223 
0305234N 
SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ..............
9,734 
9,734 
225 
0305239M 
RQ–21A ..................................................................................
22,343 
22,343 
226 
0308601N 
MODELING AND SIMULATION SUPPORT .....................
5,908 
5,908 
227 
0702207N 
DEPOT MAINTENANCE (NON-IF) ....................................
27,391 
27,391 
229 
0708011N 
INDUSTRIAL PREPAREDNESS .........................................
54,879 
54,879 
230 
0708730N 
MARITIME TECHNOLOGY (MARITECH) ........................
5,000 
5,000 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
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G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 2263 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
230A 
9999999999 
CLASSIFIED PROGRAMS ...................................................
1,151,159 
1,351,159 
Program increase ............................................................
[200,000 
] 
SUBTOTAL OPERATIONAL SYSTEMS DEVELOP-
MENT.
3,975,546 
4,157,546 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, NAVY.
16,882,877 
17,308,977 
RESEARCH, DEVELOPMENT, TEST & EVAL, AF 
BASIC RESEARCH 
001 
0601102F 
DEFENSE RESEARCH SCIENCES ....................................
361,787 
361,787 
002 
0601103F 
UNIVERSITY RESEARCH INITIATIVES ..........................
141,153 
141,153 
003 
0601108F 
HIGH ENERGY LASER RESEARCH INITIATIVES ........
13,094 
13,094 
SUBTOTAL BASIC RESEARCH ..................................
516,034 
516,034 
APPLIED RESEARCH 
004 
0602102F 
MATERIALS ..........................................................................
114,166 
114,166 
005 
0602201F 
AEROSPACE VEHICLE TECHNOLOGIES .......................
120,719 
120,719 
006 
0602202F 
HUMAN EFFECTIVENESS APPLIED RESEARCH .........
89,319 
89,319 
007 
0602203F 
AEROSPACE PROPULSION ...............................................
232,547 
232,547 
008 
0602204F 
AEROSPACE SENSORS ......................................................
127,637 
127,637 
009 
0602601F 
SPACE TECHNOLOGY ........................................................
98,375 
98,375 
010 
0602602F 
CONVENTIONAL MUNITIONS .........................................
77,175 
77,175 
011 
0602605F 
DIRECTED ENERGY TECHNOLOGY ...............................
106,196 
106,196 
012 
0602788F 
DOMINANT INFORMATION SCIENCES AND METH-
ODS.
104,362 
104,362 
013 
0602890F 
HIGH ENERGY LASER RESEARCH .................................
38,557 
38,557 
SUBTOTAL APPLIED RESEARCH ............................
1,109,053 
1,109,053 
ADVANCED TECHNOLOGY DEVELOPMENT 
014 
0603112F 
ADVANCED MATERIALS FOR WEAPON SYSTEMS .....
47,890 
57,890 
Increase Materials Affordability Initiative program ...
[10,000 
] 
015 
0603199F 
SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T)
6,565 
6,565 
016 
0603203F 
ADVANCED AEROSPACE SENSORS ................................
37,657 
37,657 
017 
0603211F 
AEROSPACE TECHNOLOGY DEV/DEMO .......................
81,376 
81,376 
018 
0603216F 
AEROSPACE 
PROPULSION 
AND 
POWER 
TECH-
NOLOGY.
151,152 
151,152 
019 
0603270F 
ELECTRONIC COMBAT TECHNOLOGY ..........................
32,941 
32,941 
020 
0603401F 
ADVANCED SPACECRAFT TECHNOLOGY ....................
64,557 
64,557 
021 
0603444F 
MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ...........
29,256 
29,256 
022 
0603456F 
HUMAN 
EFFECTIVENESS 
ADVANCED 
TECH-
NOLOGY DEVELOPMENT.
21,523 
21,523 
023 
0603601F 
CONVENTIONAL WEAPONS TECHNOLOGY .................
36,352 
36,352 
024 
0603605F 
ADVANCED WEAPONS TECHNOLOGY ..........................
19,004 
19,004 
025 
0603680F 
MANUFACTURING TECHNOLOGY PROGRAM .............
37,045 
37,045 
026 
0603788F 
BATTLESPACE KNOWLEDGE DEVELOPMENT AND 
DEMONSTRATION.
31,419 
31,419 
SUBTOTAL ADVANCED TECHNOLOGY DEVEL-
OPMENT.
596,737 
606,737 
ADVANCED 
COMPONENT 
DEVELOPMENT 
& 
PROTOTYPES 
028 
0603260F 
INTELLIGENCE ADVANCED DEVELOPMENT ..............
3,866 
3,866 
029 
0603287F 
PHYSICAL SECURITY EQUIPMENT ................................
3,704 
3,704 
030 
0603430F 
ADVANCED EHF MILSATCOM (SPACE) .........................
229,171 
227,671 
Project decrease ..............................................................
[–1,500 
] 
031 
0603432F 
POLAR MILSATCOM (SPACE) ...........................................
120,676 
120,676 
032 
0603438F 
SPACE CONTROL TECHNOLOGY ....................................
25,144 
23,144 
Project decrease ..............................................................
[–2,000 
] 
033 
0603742F 
COMBAT IDENTIFICATION TECHNOLOGY ..................
32,243 
32,243 
034 
0603790F 
NATO RESEARCH AND DEVELOPMENT .......................
4,507 
4,507 
035 
0603791F 
INTERNATIONAL SPACE COOPERATIVE R&D ............
652 
652 
036 
0603830F 
SPACE PROTECTION PROGRAM (SPP) ...........................
10,429 
10,429 
037 
0603850F 
INTEGRATED BROADCAST SERVICE—DEM/VAL ........
19,938 
19,938 
038 
0603851F 
INTERCONTINENTAL 
BALLISTIC 
MISSILE—DEM/ 
VAL.
71,181 
71,181 
039 
0603854F 
WIDEBAND GLOBAL SATCOM RDT&E (SPACE) ..........
12,027 
12,027 
VerDate Mar 15 2010 
07:50 May 21, 2015
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G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 2264 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
040 
0603859F 
POLLUTION PREVENTION—DEM/VAL ..........................
2,054 
2,054 
041 
0603860F 
JOINT PRECISION APPROACH AND LANDING SYS-
TEMS—DEM/VAL.
57,975 
57,975 
042 
0604015F 
LONG RANGE STRIKE .......................................................
291,742 
291,742 
043 
0604283F 
BATTLE MGMT COM & CTRL SENSOR DEVELOP-
MENT.
114,417 
114,417 
044 
0604317F 
TECHNOLOGY TRANSFER ................................................
2,576 
2,576 
045 
0604327F 
HARD AND DEEPLY BURIED TARGET DEFEAT SYS-
TEM (HDBTDS) PROGRAM.
16,711 
16,711 
047 
0604337F 
REQUIREMENTS ANALYSIS AND MATURATION ........
16,343 
16,343 
048 
0604422F 
WEATHER SATELLITE FOLLOW-ON ..............................
2,000 
2,000 
050 
0604635F 
GROUND ATTACK WEAPONS FUZE DEVELOPMENT
9,423 
9,423 
054 
0604857F 
OPERATIONALLY RESPONSIVE SPACE ........................
45,000 
Restore Operationally Responsive Space .....................
[45,000 
] 
055 
0604858F 
TECH TRANSITION PROGRAM ........................................
37,558 
34,558 
Project decrease ..............................................................
[–3,000 
] 
056 
0305164F 
NAVSTAR GLOBAL POSITIONING SYSTEM (USER 
EQUIPMENT) (SPACE).
96,840 
96,840 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT & PROTOTYPES.
1,181,177 
1,219,677 
SYSTEM DEVELOPMENT & DEMONSTRATION 
058 
0603840F 
GLOBAL BROADCAST SERVICE (GBS) ...........................
14,652 
14,652 
059 
0604222F 
NUCLEAR WEAPONS SUPPORT ......................................
25,713 
25,713 
060 
0604233F 
SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 
6,583 
4,983 
Program delays ...............................................................
[–1,600 
] 
061 
0604270F 
ELECTRONIC WARFARE DEVELOPMENT .....................
1,975 
1,975 
062 
0604280F 
JOINT TACTICAL RADIO ...................................................
2,594 
2,594 
063 
0604281F 
TACTICAL DATA NETWORKS ENTERPRISE .................
24,534 
24,534 
064 
0604287F 
PHYSICAL SECURITY EQUIPMENT ................................
51 
51 
065 
0604329F 
SMALL DIAMETER BOMB (SDB)—EMD .........................
143,000 
143,000 
066 
0604421F 
COUNTERSPACE SYSTEMS ..............................................
28,797 
28,797 
067 
0604425F 
SPACE SITUATION AWARENESS SYSTEMS .................
267,252 
247,252 
C-Band Radar re-location ..............................................
[3,000 
] 
Excess funding ................................................................
[–20,000 
] 
Undistributed reduction .................................................
[–3,000 
] 
068 
0604429F 
AIRBORNE ELECTRONIC ATTACK .................................
4,118 
4,118 
069 
0604441F 
SPACE BASED INFRARED SYSTEM (SBIRS) HIGH 
EMD.
448,594 
446,594 
Project decrease ..............................................................
[–2,000 
] 
070 
0604602F 
ARMAMENT/ORDNANCE DEVELOPMENT ....................
9,951 
9,951 
071 
0604604F 
SUBMUNITIONS ..................................................................
2,567 
2,567 
072 
0604617F 
AGILE COMBAT SUPPORT ................................................
13,059 
13,059 
073 
0604706F 
LIFE SUPPORT SYSTEMS ..................................................
9,720 
9,720 
074 
0604735F 
COMBAT TRAINING RANGES ...........................................
9,222 
9,222 
076 
0604750F 
INTELLIGENCE EQUIPMENT ..........................................
803 
803 
077 
0604800F 
F–35—EMD ............................................................................
1,210,306 
1,207,999 
Block 4—early to need ...................................................
[–2,307 
] 
078 
0604851F 
INTERCONTINENTAL BALLISTIC MISSILE—EMD .....
135,437 
135,437 
079 
0604853F 
EVOLVED EXPENDABLE LAUNCH VEHICLE PRO-
GRAM (SPACE)—EMD.
7,980 
7,980 
080 
0604932F 
LONG RANGE STANDOFF WEAPON ...............................
2,004 
2,004 
081 
0604933F 
ICBM FUZE MODERNIZATION .........................................
73,512 
73,512 
082 
0605213F 
F–22 MODERNIZATION INCREMENT 3.2B ....................
140,100 
140,100 
083 
0605221F 
NEXT GENERATION AERIAL REFUELING AIRCRAFT 
1,815,588 
1,738,488 
Excess prior year funds .................................................
[–77,100 
] 
084 
0605229F 
CSAR HH–60 RECAPITALIZATION ..................................
123,210 
123,210 
085 
0605278F 
HC/MC–130 RECAP RDT&E ...............................................
19,039 
19,039 
086 
0605931F 
B–2 DEFENSIVE MANAGEMENT SYSTEM ....................
281,056 
281,056 
087 
0101125F 
NUCLEAR WEAPONS MODERNIZATION .......................
80,200 
80,200 
089 
0207604F 
READINESS TRAINING RANGES, OPERATIONS AND 
MAINTENANCE.
310 
310 
090 
0207701F 
FULL COMBAT MISSION TRAINING ..............................
14,861 
14,861 
091 
0305230F 
MC–12 ....................................................................................
19,949 
19,949 
093 
0401318F 
CV–22 .....................................................................................
28,027 
28,027 
094 
0401845F 
AIRBORNE SENIOR LEADER C3 (SLC3S) .......................
1,960 
1,960 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
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G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 2265 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
SUBTOTAL SYSTEM DEVELOPMENT & DEM-
ONSTRATION.
4,966,724 
4,863,717 
RDT&E MANAGEMENT SUPPORT 
095 
0604256F 
THREAT SIMULATOR DEVELOPMENT ..........................
22,812 
22,812 
096 
0604759F 
MAJOR T&E INVESTMENT ...............................................
42,236 
42,236 
097 
0605101F 
RAND PROJECT AIR FORCE .............................................
25,579 
25,579 
099 
0605712F 
INITIAL OPERATIONAL TEST & EVALUATION ...........
16,197 
16,197 
100 
0605807F 
TEST AND EVALUATION SUPPORT ................................
722,071 
722,071 
101 
0605860F 
ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) .......
16,200 
16,200 
102 
0605864F 
SPACE TEST PROGRAM (STP) ..........................................
10,051 
45,051 
Restore Space Test Program .........................................
[35,000 
] 
103 
0605976F 
FACILITIES RESTORATION AND MODERNIZATION— 
TEST AND EVALUATION SUPPORT.
42,597 
42,597 
104 
0605978F 
FACILITIES SUSTAINMENT—TEST AND EVALUA-
TION SUPPORT.
27,301 
27,301 
105 
0606323F 
MULTI-SERVICE SYSTEMS ENGINEERING INITIA-
TIVE.
13,964 
13,964 
106 
0606392F 
SPACE AND MISSILE CENTER (SMC) CIVILIAN 
WORKFORCE.
203,766 
203,766 
107 
0702806F 
ACQUISITION AND MANAGEMENT SUPPORT .............
42,430 
42,430 
108 
0804731F 
GENERAL SKILL TRAINING .............................................
1,294 
1,294 
111 
1001004F 
INTERNATIONAL ACTIVITIES .........................................
3,851 
3,851 
SUBTOTAL RDT&E MANAGEMENT SUPPORT ....
1,190,349 
1,225,349 
OPERATIONAL SYSTEMS DEVELOPMENT 
112 
0603423F 
GLOBAL POSITIONING SYSTEM III—OPERATIONAL 
CONTROL SEGMENT.
371,595 
370,095 
Project decrease ..............................................................
[–1,500 
] 
114 
0605018F 
AF INTEGRATED PERSONNEL AND PAY SYSTEM 
(AF-IPPS).
91,697 
91,697 
115 
0605024F 
ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY
17,037 
17,037 
117 
0101113F 
B–52 SQUADRONS ...............................................................
53,208 
53,208 
118 
0101122F 
AIR-LAUNCHED CRUISE MISSILE (ALCM) ...................
431 
431 
119 
0101126F 
B–1B SQUADRONS ..............................................................
16,265 
16,265 
120 
0101127F 
B–2 SQUADRONS .................................................................
35,970 
35,970 
121 
0101313F 
STRAT WAR PLANNING SYSTEM—USSTRATCOM ......
30,889 
30,889 
122 
0101314F 
NIGHT FIST—USSTRATCOM ............................................
10 
10 
124 
0102326F 
REGION/SECTOR OPERATION CONTROL CENTER 
MODERNIZATION PROGRAM.
5,609 
5,609 
126 
0203761F 
WARFIGHTER 
RAPID 
ACQUISITION 
PROCESS 
(WRAP) RAPID TRANSITION FUND.
15,098 
15,098 
127 
0205219F 
MQ–9 UAV .............................................................................
147,971 
147,971 
128 
0207040F 
MULTI-PLATFORM ELECTRONIC WARFARE EQUIP-
MENT.
49,848 
49,848 
129 
0207131F 
A–10 SQUADRONS ...............................................................
13,538 
13,538 
130 
0207133F 
F–16 SQUADRONS ...............................................................
190,257 
190,257 
131 
0207134F 
F–15E SQUADRONS ............................................................
192,677 
192,677 
132 
0207136F 
MANNED DESTRUCTIVE SUPPRESSION ......................
13,683 
13,683 
133 
0207138F 
F–22A SQUADRONS ............................................................
371,667 
371,667 
134 
0207142F 
F–35 SQUADRONS ...............................................................
8,117 
8,117 
135 
0207161F 
TACTICAL AIM MISSILES .................................................
8,234 
8,234 
136 
0207163F 
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 
(AMRAAM).
87,041 
87,041 
137 
0207170F 
JOINT 
HELMET 
MOUNTED 
CUEING 
SYSTEM 
(JHMCS).
1,472 
1,472 
138 
0207224F 
COMBAT RESCUE AND RECOVERY ...............................
2,095 
2,095 
139 
0207227F 
COMBAT RESCUE—PARARESCUE ..................................
1,119 
1,119 
140 
0207247F 
AF TENCAP ...........................................................................
63,853 
63,853 
141 
0207249F 
PRECISION ATTACK SYSTEMS PROCUREMENT .........
1,063 
1,063 
142 
0207253F 
COMPASS CALL ...................................................................
12,094 
12,094 
143 
0207268F 
AIRCRAFT ENGINE COMPONENT IMPROVEMENT 
PROGRAM.
187,984 
187,984 
145 
0207325F 
JOINT 
AIR-TO-SURFACE 
STANDOFF 
MISSILE 
(JASSM).
7,950 
7,950 
146 
0207410F 
AIR & SPACE OPERATIONS CENTER (AOC) .................
76,315 
76,315 
147 
0207412F 
CONTROL AND REPORTING CENTER (CRC) ................
8,653 
8,653 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
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G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 2266 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
148 
0207417F 
AIRBORNE 
WARNING 
AND 
CONTROL 
SYSTEM 
(AWACS).
65,200 
65,200 
149 
0207418F 
TACTICAL AIRBORNE CONTROL SYSTEMS .................
5,767 
5,767 
152 
0207431F 
COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ..
5,756 
5,756 
154 
0207444F 
TACTICAL AIR CONTROL PARTY-MOD ..........................
16,226 
16,226 
156 
0207448F 
C2ISR TACTICAL DATA LINK ...........................................
1,633 
1,633 
157 
0207449F 
COMMAND AND CONTROL (C2) CONSTELLATION .....
18,086 
18,086 
158 
0207452F 
DCAPES .................................................................................
15,690 
15,690 
159 
0207581F 
JOINT SURVEILLANCE/TARGET ATTACK RADAR 
SYSTEM (JSTARS).
24,241 
24,241 
160 
0207590F 
SEEK EAGLE ........................................................................
22,654 
22,654 
161 
0207601F 
USAF MODELING AND SIMULATION ............................
15,501 
15,501 
162 
0207605F 
WARGAMING AND SIMULATION CENTERS .................
5,699 
5,699 
163 
0207697F 
DISTRIBUTED TRAINING AND EXERCISES .................
4,425 
4,425 
164 
0208006F 
MISSION PLANNING SYSTEMS .......................................
69,377 
69,377 
165 
0208021F 
INFORMATION WARFARE SUPPORT .............................
7,159 
7,159 
166 
0208059F 
CYBER COMMAND ACTIVITIES .......................................
66,888 
66,888 
174 
0301400F 
SPACE SUPERIORITY INTELLIGENCE ..........................
12,056 
12,056 
175 
0302015F 
E–4B NATIONAL AIRBORNE OPERATIONS CENTER 
(NAOC).
4,159 
4,159 
176 
0303131F 
MINIMUM ESSENTIAL EMERGENCY COMMUNICA-
TIONS NETWORK (MEECN).
20,124 
20,124 
177 
0303140F 
INFORMATION SYSTEMS SECURITY PROGRAM .........
69,133 
69,133 
178 
0303141F 
GLOBAL COMBAT SUPPORT SYSTEM ...........................
6,512 
6,512 
179 
0303150F 
GLOBAL COMMAND AND CONTROL SYSTEM .............
4,316 
2,316 
Underexecution ...............................................................
[–2,000 
] 
180 
0303601F 
MILSATCOM TERMINALS .................................................
107,237 
107,237 
182 
0304260F 
AIRBORNE SIGINT ENTERPRISE ....................................
129,106 
129,106 
185 
0305099F 
GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ...........
4,461 
4,461 
186 
0305103F 
CYBER SECURITY INITIATIVE ........................................
2,055 
2,055 
187 
0305105F 
DOD CYBER CRIME CENTER ...........................................
285 
285 
188 
0305110F 
SATELLITE CONTROL NETWORK (SPACE) ...................
33,773 
33,773 
189 
0305111F 
WEATHER SERVICE ...........................................................
29,048 
29,048 
190 
0305114F 
AIR TRAFFIC CONTROL, APPROACH, AND LANDING 
SYSTEM (ATCALS).
43,187 
43,187 
191 
0305116F 
AERIAL TARGETS ...............................................................
50,496 
50,496 
194 
0305128F 
SECURITY AND INVESTIGATIVE ACTIVITIES .............
354 
354 
195 
0305145F 
ARMS CONTROL IMPLEMENTATION .............................
4,000 
4,000 
196 
0305146F 
DEFENSE JOINT COUNTERINTELLIGENCE ACTIVI-
TIES.
342 
342 
198 
0305164F 
NAVSTAR GLOBAL POSITIONING SYSTEM (USER 
EQUIPMENT) (SPACE).
29,621 
29,621 
199 
0305165F 
NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE 
AND CONTROL SEGMENTS).
14,335 
14,335 
201 
0305173F 
SPACE AND MISSILE TEST AND EVALUATION CEN-
TER.
3,680 
3,680 
202 
0305174F 
SPACE INNOVATION AND DEVELOPMENT CENTER
2,430 
2,430 
203 
0305182F 
SPACELIFT RANGE SYSTEM (SPACE) ............................
8,760 
8,760 
205 
0305202F 
DRAGON U–2 ........................................................................
23,644 
23,644 
206 
0305205F 
ENDURANCE UNMANNED AERIAL VEHICLES ...........
21,000 
21,000 
207 
0305206F 
AIRBORNE RECONNAISSANCE SYSTEMS ....................
96,735 
96,735 
208 
0305207F 
MANNED RECONNAISSANCE SYSTEMS .......................
13,316 
13,316 
209 
0305208F 
DISTRIBUTED COMMON GROUND/SURFACE SYS-
TEMS.
63,501 
63,501 
210 
0305219F 
MQ–1 PREDATOR A UAV ...................................................
9,122 
9,122 
211 
0305220F 
RQ–4 UAV ..............................................................................
236,265 
236,265 
212 
0305221F 
NETWORK-CENTRIC COLLABORATIVE TARGETING
7,367 
7,367 
213 
0305236F 
COMMON DATA LINK (CDL) .............................................
38,094 
38,094 
214 
0305238F 
NATO AGS .............................................................................
210,109 
210,109 
215 
0305240F 
SUPPORT TO DCGS ENTERPRISE ...................................
24,500 
24,500 
216 
0305265F 
GPS III SPACE SEGMENT .................................................
318,992 
318,992 
217 
0305614F 
JSPOC MISSION SYSTEM ..................................................
54,645 
54,645 
218 
0305881F 
RAPID CYBER ACQUISITION ...........................................
4,007 
4,007 
219 
0305887F 
INTELLIGENCE SUPPORT TO INFORMATION WAR-
FARE.
13,357 
13,357 
220 
0305913F 
NUDET DETECTION SYSTEM (SPACE) ..........................
64,965 
63,365 
ICADS—early to need ....................................................
[–1,600 
] 
VerDate Mar 15 2010 
07:50 May 21, 2015
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G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 2267 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
221 
0305940F 
SPACE SITUATION AWARENESS OPERATIONS ..........
19,586 
19,586 
223 
0308699F 
SHARED EARLY WARNING (SEW) ..................................
1,175 
1,175 
224 
0401115F 
C–130 AIRLIFT SQUADRON ..............................................
5,000 
5,000 
225 
0401119F 
C–5 AIRLIFT SQUADRONS (IF) .........................................
35,115 
35,115 
226 
0401130F 
C–17 AIRCRAFT (IF) ............................................................
99,225 
99,225 
227 
0401132F 
C–130J PROGRAM ...............................................................
30,652 
30,652 
228 
0401134F 
LARGE 
AIRCRAFT 
IR 
COUNTERMEASURES 
(LAIRCM).
7,758 
7,758 
229 
0401139F 
LIGHT MOBILITY AIRCRAFT (LIMA) ..............................
100 
0 
Program termination ......................................................
[–100 
] 
231 
0401219F 
KC–10S ...................................................................................
24,022 
24,022 
232 
0401314F 
OPERATIONAL SUPPORT AIRLIFT .................................
7,471 
7,471 
234 
0408011F 
SPECIAL TACTICS / COMBAT CONTROL .......................
4,984 
4,984 
235 
0702207F 
DEPOT MAINTENANCE (NON-IF) ....................................
1,588 
1,588 
236 
0708012F 
LOGISTICS SUPPORT ACTIVITIES ..................................
577 
577 
237 
0708610F 
LOGISTICS INFORMATION TECHNOLOGY (LOGIT) ...
119,327 
99,327 
Program delays ...............................................................
[–20,000 
] 
238 
0708611F 
SUPPORT SYSTEMS DEVELOPMENT .............................
15,873 
15,873 
240 
0804743F 
OTHER FLIGHT TRAINING ...............................................
349 
349 
242 
0808716F 
OTHER PERSONNEL ACTIVITIES ...................................
117 
117 
243 
0901202F 
JOINT PERSONNEL RECOVERY AGENCY .....................
2,018 
2,018 
244 
0901218F 
CIVILIAN COMPENSATION PROGRAM ..........................
1,561 
1,561 
245 
0901220F 
PERSONNEL ADMINISTRATION .....................................
7,634 
7,634 
246 
0901226F 
AIR FORCE STUDIES AND ANALYSIS AGENCY ..........
1,175 
1,175 
247 
0901279F 
FACILITIES OPERATION—ADMINISTRATIVE ..............
3,491 
3,491 
248 
0901538F 
FINANCIAL 
MANAGEMENT 
INFORMATION 
SYS-
TEMS DEVELOPMENT.
100,160 
100,160 
249A 
9999999999 
CLASSIFIED PROGRAMS ...................................................
11,172,183 
11,172,183 
SUBTOTAL OPERATIONAL SYSTEMS DEVELOP-
MENT.
15,867,972 
15,842,772 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, AF.
25,428,046 
25,383,339 
RESEARCH, DEVELOPMENT, TEST & EVAL, DW 
BASIC RESEARCH 
001 
0601000BR 
DTRA BASIC RESEARCH INITIATIVE .............................
45,071 
45,071 
002 
0601101E 
DEFENSE RESEARCH SCIENCES ....................................
309,051 
309,051 
003 
0601110D8Z 
BASIC RESEARCH INITIATIVES ......................................
19,405 
19,405 
004 
0601117E 
BASIC 
OPERATIONAL 
MEDICAL 
RESEARCH 
SCIENCE.
39,676 
39,676 
005 
0601120D8Z 
NATIONAL DEFENSE EDUCATION PROGRAM ............
87,979 
87,979 
006 
0601384BP 
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM
50,566 
50,566 
SUBTOTAL BASIC RESEARCH ..................................
551,748 
551,748 
APPLIED RESEARCH 
007 
0602000D8Z 
JOINT MUNITIONS TECHNOLOGY .................................
20,615 
20,615 
008 
0602115E 
BIOMEDICAL TECHNOLOGY ............................................
110,900 
110,900 
009 
0602228D8Z 
HISTORICALLY BLACK COLLEGES AND UNIVER-
SITIES (HBCU) SCIENCE.
10,000 
Program increase ............................................................
[10,000 
] 
010 
0602234D8Z 
LINCOLN LABORATORY RESEARCH PROGRAM .........
36,826 
36,826 
011 
0602250D8Z 
SYSTEMS 2020 APPLIED RESEARCH .............................
7,898 
7,898 
012 
0602303E 
INFORMATION & COMMUNICATIONS TECHNOLOGY 
392,421 
392,421 
013 
0602304E 
COGNITIVE COMPUTING SYSTEMS ...............................
30,424 
30,424 
015 
0602383E 
BIOLOGICAL WARFARE DEFENSE .................................
19,236 
19,236 
016 
0602384BP 
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM
223,269 
223,269 
017 
0602663D8Z 
DATA TO DECISIONS APPLIED RESEARCH .................
13,753 
9,753 
Excessive growth ............................................................
[–4,000 
] 
018 
0602668D8Z 
CYBER SECURITY RESEARCH .........................................
18,985 
12,985 
Excessive growth ............................................................
[–6,000 
] 
019 
0602670D8Z 
HUMAN, SOCIAL AND CULTURE BEHAVIOR MOD-
ELING (HSCB) APPLIED RESEARCH.
6,771 
6,771 
020 
0602702E 
TACTICAL TECHNOLOGY .................................................
233,209 
233,209 
021 
0602715E 
MATERIALS AND BIOLOGICAL TECHNOLOGY ...........
166,067 
166,067 
022 
0602716E 
ELECTRONICS TECHNOLOGY .........................................
222,416 
222,416 
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126 STAT. 2268 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
023 
0602718BR 
WEAPONS OF MASS DESTRUCTION DEFEAT TECH-
NOLOGIES.
172,352 
172,352 
024 
1160401BB 
SPECIAL OPERATIONS TECHNOLOGY DEVELOP-
MENT.
28,739 
28,739 
SUBTOTAL APPLIED RESEARCH ............................
1,703,881 
1,703,881 
ADVANCED TECHNOLOGY DEVELOPMENT (ATD) 
025 
0603000D8Z 
JOINT MUNITIONS ADVANCED TECHNOLOGY ..........
25,612 
21,612 
Excessive growth ............................................................
[–4,000 
] 
026 
0603121D8Z 
SO/LIC ADVANCED DEVELOPMENT ..............................
26,324 
26,324 
027 
0603122D8Z 
COMBATING TERRORISM TECHNOLOGY SUPPORT ..
77,144 
77,144 
028 
0603160BR 
COUNTERPROLIFERATION 
INITIATIVES—PRO-
LIFERATION PREVENTION AND DEFEAT.
275,022 
275,022 
029 
0603175C 
BALLISTIC MISSILE DEFENSE TECHNOLOGY ............
79,975 
79,975 
031 
0603225D8Z 
JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVEL-
OPMENT.
20,032 
20,032 
032 
0603264S 
AGILE TRANSPORTATION FOR THE 21ST CENTURY 
(AT21)—THEATER CAPABILITY.
3,892 
3,892 
033 
0603274C 
SPECIAL PROGRAM—MDA TECHNOLOGY ...................
36,685 
36,685 
034 
0603286E 
ADVANCED AEROSPACE SYSTEMS ................................
174,316 
159,316 
Program decrease ...........................................................
[–15,000 
] 
035 
0603287E 
SPACE PROGRAMS AND TECHNOLOGY ........................
159,704 
159,704 
036 
0603384BP 
CHEMICAL 
AND 
BIOLOGICAL 
DEFENSE 
PRO-
GRAM—ADVANCED DEVELOPMENT.
234,280 
234,280 
037 
0603618D8Z 
JOINT ELECTRONIC ADVANCED TECHNOLOGY ........
6,983 
6,983 
038 
0603648D8Z 
JOINT CAPABILITY TECHNOLOGY DEMONSTRA-
TIONS.
158,263 
158,263 
039 
0603662D8Z 
NETWORKED COMMUNICATIONS CAPABILITIES .....
25,393 
25,393 
040 
0603663D8Z 
DATA TO DECISIONS ADVANCED TECHNOLOGY DE-
VELOPMENT.
13,754 
9,754 
Excessive growth ............................................................
[–4,000 
] 
042 
0603668D8Z 
CYBER SECURITY ADVANCED RESEARCH ..................
19,935 
13,935 
Excessive growth ............................................................
[–6,000 
] 
043 
0603670D8Z 
HUMAN, SOCIAL AND CULTURE BEHAVIOR MOD-
ELING (HSCB) ADVANCED DEVELOPMENT.
8,235 
8,235 
044 
0603680D8Z 
DEFENSE-WIDE MANUFACTURING SCIENCE AND 
TECHNOLOGY PROGRAM.
21,966 
51,966 
Industrial Base Innovation Fund ..................................
[30,000 
] 
045 
0603699D8Z 
EMERGING CAPABILITIES TECHNOLOGY DEVELOP-
MENT.
24,662 
24,662 
047 
0603712S 
GENERIC LOGISTICS R&D TECHNOLOGY DEM-
ONSTRATIONS.
24,605 
24,605 
048 
0603713S 
DEPLOYMENT AND DISTRIBUTION ENTERPRISE 
TECHNOLOGY.
30,678 
30,678 
049 
0603716D8Z 
STRATEGIC 
ENVIRONMENTAL 
RESEARCH 
PRO-
GRAM.
65,282 
65,282 
050 
0603720S 
MICROELECTRONICS 
TECHNOLOGY 
DEVELOP-
MENT AND SUPPORT.
72,234 
62,234 
.90nm Next Generation Foundry-early to need ...........
[–10,000 
] 
051 
0603727D8Z 
JOINT WARFIGHTING PROGRAM ...................................
8,403 
8,403 
052 
0603739E 
ADVANCED ELECTRONICS TECHNOLOGIES ..............
111,008 
111,008 
054 
0603760E 
COMMAND, CONTROL AND COMMUNICATIONS SYS-
TEMS.
237,859 
229,859 
Program reduction ..........................................................
[–8,000 
] 
055 
0603765E 
CLASSIFIED DARPA PROGRAMS .....................................
3,000 
3,000 
056 
0603766E 
NETWORK-CENTRIC WARFARE TECHNOLOGY ..........
236,883 
236,883 
057 
0603767E 
SENSOR TECHNOLOGY .....................................................
299,438 
299,438 
058 
0603769SE 
DISTRIBUTED 
LEARNING 
ADVANCED 
TECH-
NOLOGY DEVELOPMENT.
12,195 
12,195 
059 
0603781D8Z 
SOFTWARE ENGINEERING INSTITUTE ........................
30,036 
30,036 
060 
0603826D8Z 
QUICK REACTION SPECIAL PROJECTS ........................
107,002 
92,002 
Excessive growth ............................................................
[–15,000 
] 
062 
0603828J 
JOINT EXPERIMENTATION ..............................................
21,230 
21,230 
063 
0603832D8Z 
DOD MODELING AND SIMULATION MANAGEMENT 
OFFICE.
47,433 
47,433 
064 
0603901C 
DIRECTED ENERGY RESEARCH .....................................
46,944 
41,944 
Unjustified request .........................................................
[–5,000 
] 
VerDate Mar 15 2010 
07:50 May 21, 2015
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G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 2269 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
065 
0603902C 
NEXT GENERATION AEGIS MISSILE .............................
224,077 
224,077 
066 
0603941D8Z 
TEST & EVALUATION SCIENCE & TECHNOLOGY ......
92,602 
92,602 
068 
0604055D8Z 
OPERATIONAL 
ENERGY 
CAPABILITY 
IMPROVE-
MENT.
26,244 
26,244 
069 
0303310D8Z 
CWMD SYSTEMS .................................................................
53,946 
38,946 
Program reduction ..........................................................
[–15,000 
] 
070 
1160402BB 
SPECIAL OPERATIONS ADVANCED TECHNOLOGY 
DEVELOPMENT.
45,317 
45,317 
071 
1160422BB 
AVIATION ENGINEERING ANALYSIS ............................
861 
861 
072 
1160472BB 
SOF INFORMATION AND BROADCAST SYSTEMS AD-
VANCED TECHNOLOGY.
4,959 
4,959 
SUBTOTAL ADVANCED TECHNOLOGY DEVEL-
OPMENT (ATD).
3,194,413 
3,142,413 
ADVANCED 
COMPONENT 
DEVELOPMENT 
& 
PROTOTYPES 
073 
0603161D8Z 
NUCLEAR AND CONVENTIONAL PHYSICAL SECU-
RITY EQUIPMENT RDT&E ADC&P.
33,234 
33,234 
074 
0603527D8Z 
RETRACT LARCH ................................................................
21,023 
21,023 
075 
0603600D8Z 
WALKOFF .............................................................................
94,624 
94,624 
077 
0603714D8Z 
ADVANCED SENSOR APPLICATIONS PROGRAM ........
16,958 
18,958 
Reverse cuts to testing ...................................................
[2,000 
] 
078 
0603851D8Z 
ENVIRONMENTAL SECURITY TECHNICAL CERTIFI-
CATION PROGRAM.
75,941 
75,941 
079 
0603881C 
BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE 
SEGMENT.
316,929 
316,929 
080 
0603882C 
BALLISTIC MISSILE DEFENSE MIDCOURSE DE-
FENSE SEGMENT.
903,172 
978,172 
Program increase ............................................................
[75,000 
] 
081 
0603884BP 
CHEMICAL 
AND 
BIOLOGICAL 
DEFENSE 
PRO-
GRAM—DEM/VAL.
179,023 
179,023 
082 
0603884C 
BALLISTIC MISSILE DEFENSE SENSORS .....................
347,012 
347,012 
084 
0603890C 
BMD ENABLING PROGRAMS ...........................................
362,711 
362,711 
085 
0603891C 
SPECIAL PROGRAMS—MDA .............................................
272,387 
272,387 
086 
0603892C 
AEGIS BMD ...........................................................................
992,407 
992,407 
087 
0603893C 
SPACE TRACKING & SURVEILLANCE SYSTEM ..........
51,313 
51,313 
088 
0603895C 
BALLISTIC MISSILE DEFENSE SYSTEM SPACE PRO-
GRAMS.
6,912 
6,912 
089 
0603896C 
BALLISTIC MISSILE DEFENSE COMMAND AND 
CONTROL, BATTLE MANAGEMENT & COMMU-
NICATION.
366,552 
366,552 
090 
0603898C 
BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER 
SUPPORT.
55,550 
55,550 
091 
0603904C 
MISSILE DEFENSE INTEGRATION & OPERATIONS 
CENTER (MDIOC).
63,043 
63,043 
092 
0603906C 
REGARDING TRENCH ........................................................
11,371 
11,371 
093 
0603907C 
SEA BASED X-BAND RADAR (SBX) ..................................
9,730 
9,730 
094 
0603913C 
ISRAELI COOPERATIVE PROGRAMS ..............................
99,836 
478,836 
Increase to DSWS, ASIP, Arrow–3 cooperative pro-
grams.
[168,000 
] 
Iron Dome short-range rocket defense .........................
[211,000 
] 
095 
0603914C 
BALLISTIC MISSILE DEFENSE TEST .............................
454,400 
454,400 
096 
0603915C 
BALLISTIC MISSILE DEFENSE TARGETS .....................
435,747 
435,747 
097 
0603920D8Z 
HUMANITARIAN DEMINING ............................................
13,231 
13,231 
098 
0603923D8Z 
COALITION WARFARE .......................................................
11,398 
11,398 
099 
0604016D8Z 
DEPARTMENT OF DEFENSE CORROSION PROGRAM 
3,283 
24,083 
Increase for requirements shortfall ..............................
[20,800 
] 
100 
0604400D8Z 
DEPARTMENT OF DEFENSE (DOD) UNMANNED AIR-
CRAFT SYSTEM (UAS) COMMON DEVELOPMENT.
12,368 
12,368 
101 
0604670D8Z 
HUMAN, SOCIAL AND CULTURE BEHAVIOR MOD-
ELING (HSCB) RESEARCH AND ENGINEERING.
5,131 
5,131 
102 
0604775D8Z 
DEFENSE RAPID INNOVATION PROGRAM ...................
200,000 
Rapid Innovation Program ............................................
[200,000 
] 
104 
0604787J 
JOINT SYSTEMS INTEGRATION ......................................
3,273 
3,273 
106 
0604828J 
JOINT 
FIRES 
INTEGRATION 
AND 
INTEROPER-
ABILITY TEAM.
7,364 
7,364 
107 
0604880C 
LAND-BASED SM–3 (LBSM3) ............................................
276,338 
276,338 
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07:50 May 21, 2015
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19194PT2
126 STAT. 2270 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
108 
0604881C 
AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ...............
420,630 
420,630 
109 
0604883C 
PRECISION TRACKING SPACE SENSOR RDT&E .........
297,375 
242,375 
Project decrease to support technology development ..
[–55,000 
] 
111 
0604886C 
ADVANCED REMOTE SENSOR TECHNOLOGY (ARST) 
58,742 
33,742 
Program reduction ..........................................................
[–25,000 
] 
113 
0303191D8Z 
JOINT ELECTROMAGNETIC TECHNOLOGY (JET) 
PROGRAM.
3,158 
3,158 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT & PROTOTYPES.
6,282,166 
6,878,966 
SYSTEM DEVELOPMENT AND DEMONSTRATION 
(SDD) 
115 
0604161D8Z 
NUCLEAR AND CONVENTIONAL PHYSICAL SECU-
RITY EQUIPMENT RDT&E SDD.
6,817 
6,817 
116 
0604165D8Z 
PROMPT GLOBAL STRIKE CAPABILITY DEVELOP-
MENT.
110,383 
110,383 
117 
0604384BP 
CHEMICAL 
AND 
BIOLOGICAL 
DEFENSE 
PRO-
GRAM—EMD.
311,071 
311,071 
119 
0604764K 
ADVANCED IT SERVICES JOINT PROGRAM OFFICE 
(AITS-JPO).
25,787 
25,787 
120 
0604771D8Z 
JOINT TACTICAL INFORMATION DISTRIBUTION 
SYSTEM (JTIDS).
20,688 
20,688 
121 
0605000BR 
WEAPONS OF MASS DESTRUCTION DEFEAT CAPA-
BILITIES.
5,749 
5,749 
122 
0605013BL 
INFORMATION TECHNOLOGY DEVELOPMENT ..........
12,699 
12,699 
125 
0605021SE 
HOMELAND PERSONNEL SECURITY INITIATIVE ......
387 
387 
126 
0605022D8Z 
DEFENSE EXPORTABILITY PROGRAM ..........................
1,859 
1,859 
127 
0605027D8Z 
OUSD(C) IT DEVELOPMENT INITIATIVES ....................
7,010 
7,010 
128 
0605070S 
DOD ENTERPRISE SYSTEMS DEVELOPMENT AND 
DEMONSTRATION.
133,104 
133,104 
129 
0605075D8Z 
DCMO POLICY AND INTEGRATION ................................
25,269 
25,269 
131 
0605210D8Z 
DEFENSE-WIDE ELECTRONIC PROCUREMENT CA-
PABILITIES.
10,238 
10,238 
132 
0303141K 
GLOBAL COMBAT SUPPORT SYSTEM ...........................
19,670 
19,670 
133 
0305304D8Z 
DOD ENTERPRISE ENERGY INFORMATION MAN-
AGEMENT (EEIM).
3,556 
3,556 
SUBTOTAL SYSTEM DEVELOPMENT AND DEM-
ONSTRATION (SDD).
694,287 
694,287 
RDT&E MANAGEMENT SUPPORT 
135 
0604774D8Z 
DEFENSE READINESS REPORTING SYSTEM (DRRS)
6,383 
6,383 
136 
0604875D8Z 
JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ...
3,845 
3,845 
137 
0604940D8Z 
CENTRAL TEST AND EVALUATION INVESTMENT 
DEVELOPMENT (CTEIP).
144,109 
144,109 
138 
0604942D8Z 
ASSESSMENTS AND EVALUATIONS ..............................
2,419 
2,419 
139 
0604943D8Z 
THERMAL VICAR ................................................................
8,214 
8,214 
140 
0605100D8Z 
JOINT MISSION ENVIRONMENT TEST CAPABILITY 
(JMETC).
19,380 
19,380 
141 
0605104D8Z 
TECHNICAL STUDIES, SUPPORT AND ANALYSIS ......
32,266 
32,266 
142 
0605110D8Z 
USD(A&T)--CRITICAL TECHNOLOGY SUPPORT ..........
840 
840 
143 
0605117D8Z 
FOREIGN MATERIEL ACQUISITION AND EXPLOI-
TATION.
56,012 
56,012 
144 
0605126J 
JOINT INTEGRATED AIR AND MISSILE DEFENSE 
ORGANIZATION (JIAMDO).
55,508 
55,508 
146 
0605130D8Z 
FOREIGN COMPARATIVE TESTING ...............................
18,174 
18,174 
147 
0605142D8Z 
SYSTEMS ENGINEERING ..................................................
43,195 
43,195 
148 
0605151D8Z 
STUDIES AND ANALYSIS SUPPORT—OSD ...................
6,457 
6,457 
149 
0605161D8Z 
NUCLEAR MATTERS-PHYSICAL SECURITY .................
4,901 
4,901 
150 
0605170D8Z 
SUPPORT TO NETWORKS AND INFORMATION INTE-
GRATION.
6,307 
6,307 
151 
0605200D8Z 
GENERAL SUPPORT TO USD (INTELLIGENCE) ..........
6,601 
6,601 
152 
0605384BP 
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM
92,849 
92,849 
159 
0605790D8Z 
SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ 
SMALL BUSINESS TECHNOLOGY TRANSFER (S.
1,857 
1,857 
160 
0605798D8Z 
DEFENSE TECHNOLOGY ANALYSIS ..............................
12,056 
12,056 
162 
0605801KA 
DEFENSE 
TECHNICAL 
INFORMATION 
CENTER 
(DTIC).
55,454 
55,454 
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G:\GSDD\STATUTES\2012\PT2\19194PT2.001
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126 STAT. 2271 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
163 
0605803SE 
R&D IN SUPPORT OF DOD ENLISTMENT, TESTING 
AND EVALUATION.
16,364 
16,364 
164 
0605804D8Z 
DEVELOPMENT TEST AND EVALUATION ....................
15,110 
20,110 
DT&E Increase ...............................................................
[5,000 
] 
166 
0605898E 
MANAGEMENT HQ—R&D .................................................
69,767 
69,767 
167 
0606100D8Z 
BUDGET AND PROGRAM ASSESSMENTS .....................
4,454 
4,454 
169 
0203345D8Z 
DEFENSE 
OPERATIONS 
SECURITY 
INITIATIVE 
(DOSI).
2,637 
2,637 
174 
0303166J 
SUPPORT TO INFORMATION OPERATIONS (IO) CA-
PABILITIES.
8,238 
8,238 
176 
0305103E 
CYBER SECURITY INITIATIVE ........................................
1,801 
1,801 
177 
0305193D8Z 
INTELLIGENCE SUPPORT TO INFORMATION OPER-
ATIONS (IO).
16,041 
16,041 
180 
0804767D8Z 
COCOM EXERCISE ENGAGEMENT AND TRAINING 
TRANSFORMATION (CE2T2).
77,475 
77,475 
182 
0901598C 
MANAGEMENT HQ—MDA .................................................
34,855 
34,855 
183 
0901598D8W 
MANAGEMENT HEADQUARTERS WHS .........................
104 
104 
184A 
9999999999 
CLASSIFIED PROGRAMS ...................................................
64,255 
64,255 
SUBTOTAL RDT&E MANAGEMENT SUPPORT ....
887,928 
892,928 
OPERATIONAL SYSTEMS DEVELOPMENT 
185 
0604130V 
ENTERPRISE SECURITY SYSTEM (ESS) ........................
8,866 
8,866 
186 
0605127T 
REGIONAL INTERNATIONAL OUTREACH (RIO) AND 
PARTNERSHIP FOR PEACE INFORMATION MGMT.
3,238 
3,238 
187 
0605147T 
OVERSEAS HUMANITARIAN ASSISTANCE SHARED 
INFORMATION SYSTEM (OHASIS).
288 
288 
188 
0607384BP 
CHEMICAL AND BIOLOGICAL DEFENSE (OPER-
ATIONAL SYSTEMS DEVELOPMENT).
14,745 
14,745 
190 
0607828J 
JOINT INTEGRATION AND INTEROPERABILITY ........
5,013 
5,013 
191 
0208043J 
PLANNING AND DECISION AID SYSTEM (PDAS) ........
3,922 
3,922 
192 
0208045K 
C4I INTEROPERABILITY ...................................................
72,574 
72,574 
194 
0301144K 
JOINT/ALLIED COALITION INFORMATION SHARING 
6,214 
6,214 
201 
0302016K 
NATIONAL MILITARY COMMAND SYSTEM-WIDE 
SUPPORT.
499 
499 
202 
0302019K 
DEFENSE INFO INFRASTRUCTURE ENGINEERING 
AND INTEGRATION.
14,498 
14,498 
203 
0303126K 
LONG-HAUL COMMUNICATIONS—DCS ........................
26,164 
26,164 
204 
0303131K 
MINIMUM ESSENTIAL EMERGENCY COMMUNICA-
TIONS NETWORK (MEECN).
12,931 
12,931 
205 
0303135G 
PUBLIC KEY INFRASTRUCTURE (PKI) ..........................
6,296 
6,296 
206 
0303136G 
KEY MANAGEMENT INFRASTRUCTURE (KMI) ...........
30,948 
30,948 
207 
0303140D8Z 
INFORMATION SYSTEMS SECURITY PROGRAM .........
11,780 
11,780 
208 
0303140G 
INFORMATION SYSTEMS SECURITY PROGRAM .........
191,452 
191,452 
211 
0303150K 
GLOBAL COMMAND AND CONTROL SYSTEM .............
36,575 
36,575 
212 
0303153K 
DEFENSE SPECTRUM ORGANIZATION .........................
24,278 
24,278 
213 
0303170K 
NET-CENTRIC ENTERPRISE SERVICES (NCES) ..........
2,924 
2,924 
214 
0303260D8Z 
DEFENSE MILITARY DECEPTION PROGRAM OFFICE 
(DMDPO).
1,294 
1,294 
215 
0303610K 
TELEPORT PROGRAM ........................................................
6,050 
6,050 
217 
0304210BB 
SPECIAL APPLICATIONS FOR CONTINGENCIES ........
17,058 
17,058 
222 
0305103K 
CYBER SECURITY INITIATIVE ........................................
4,189 
4,189 
223 
0305125D8Z 
CRITICAL INFRASTRUCTURE PROTECTION (CIP) .....
10,462 
10,462 
227 
0305186D8Z 
POLICY R&D PROGRAMS ..................................................
6,360 
6,360 
229 
0305199D8Z 
NET CENTRICITY ................................................................
21,190 
21,190 
232 
0305208BB 
DISTRIBUTED COMMON GROUND/SURFACE SYS-
TEMS.
7,114 
7,714 
USSOCOM UFR .............................................................
[600 
] 
235 
0305208K 
DISTRIBUTED COMMON GROUND/SURFACE SYS-
TEMS.
3,247 
3,247 
237 
0305219BB 
MQ–1 PREDATOR A UAV ...................................................
1,355 
1,355 
240 
0305387D8Z 
HOMELAND DEFENSE TECHNOLOGY TRANSFER 
PROGRAM.
2,303 
2,303 
241 
0305600D8Z 
INTERNATIONAL 
INTELLIGENCE 
TECHNOLOGY 
AND ARCHITECTURES.
1,478 
1,478 
249 
0708011S 
INDUSTRIAL PREPAREDNESS .........................................
27,044 
27,044 
250 
0708012S 
LOGISTICS SUPPORT ACTIVITIES ..................................
4,711 
4,711 
251 
0902298J 
MANAGEMENT HQ—OJCS ................................................
4,100 
4,100 
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126 STAT. 2272 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
253 
1105219BB 
MQ–9 UAV .............................................................................
3,002 
3,002 
257 
1160403BB 
SPECIAL OPERATIONS AVIATION SYSTEMS AD-
VANCED DEVELOPMENT.
97,267 
97,267 
258 
1160404BB 
SPECIAL OPERATIONS TACTICAL SYSTEMS DEVEL-
OPMENT.
821 
821 
259 
1160405BB 
SPECIAL OPERATIONS INTELLIGENCE SYSTEMS 
DEVELOPMENT.
25,935 
25,935 
260 
1160408BB 
SOF OPERATIONAL ENHANCEMENTS ..........................
51,700 
51,700 
261 
1160421BB 
SPECIAL OPERATIONS CV–22 DEVELOPMENT ...........
1,822 
1,822 
262 
1160427BB 
MISSION TRAINING AND PREPARATION SYSTEMS 
(MTPS).
10,131 
10,131 
263 
1160429BB 
AC/MC–130J ..........................................................................
19,647 
19,647 
264 
1160474BB 
SOF COMMUNICATIONS EQUIPMENT AND ELEC-
TRONICS SYSTEMS.
2,225 
2,225 
265 
1160476BB 
SOF TACTICAL RADIO SYSTEMS ....................................
3,036 
3,036 
266 
1160477BB 
SOF WEAPONS SYSTEMS ..................................................
1,511 
1,511 
267 
1160478BB 
SOF SOLDIER PROTECTION AND SURVIVAL SYS-
TEMS.
4,263 
4,263 
268 
1160479BB 
SOF VISUAL AUGMENTATION, LASERS AND SEN-
SOR SYSTEMS.
4,448 
4,448 
269 
1160480BB 
SOF TACTICAL VEHICLES ................................................
11,325 
11,325 
270 
1160481BB 
SOF MUNITIONS .................................................................
1,515 
1,515 
271 
1160482BB 
SOF ROTARY WING AVIATION ........................................
24,430 
24,430 
272 
1160483BB 
SOF UNDERWATER SYSTEMS .........................................
26,405 
69,405 
Program increase ............................................................
[35,000 
] 
Transfer from PDW Line 64 at USSOCOM request ...
[8,000 
] 
273 
1160484BB 
SOF SURFACE CRAFT ........................................................
8,573 
8,573 
275 
1160489BB 
SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES ....
7,620 
7,620 
276 
1160490BB 
SOF 
OPERATIONAL 
ENHANCEMENTS 
INTEL-
LIGENCE.
16,386 
16,386 
276A 
9999999999 
CLASSIFIED PROGRAMS ...................................................
3,754,516 
3,754,516 
SUBTOTAL OPERATIONAL SYSTEMS DEVELOP-
MENT.
4,667,738 
4,711,338 
UNDISTRIBUTED GENERAL PROVISIONS 
276B 
9999999999 
UNDISTRIBUTED GENERAL PROVISIONS ....................
–25,000 
DARPA classified programs reduction ......................
[–25,000 
] 
SUBTOTAL UNDISTRIBUTED GENERAL PROVI-
SIONS.
–25,000 
TOTAL RESEARCH, DEVELOPMENT, TEST 
& EVAL, DW.
17,982,161 
18,550,561 
OPERATIONAL TEST & EVAL, DEFENSE 
RDT&E MANAGEMENT SUPPORT 
001 
0605118OTE 
OPERATIONAL TEST AND EVALUATION ......................
72,501 
87,501 
Program increase for DOT&E cyber—range oper-
ations.
[15,000 
] 
002 
0605131OTE 
LIVE FIRE TEST AND EVALUATION ..............................
49,201 
49,201 
003 
0605814OTE 
OPERATIONAL TEST ACTIVITIES AND ANALYSES ....
63,566 
63,566 
SUBTOTAL RDT&E MANAGEMENT SUPPORT ....
185,268 
200,268 
TOTAL OPERATIONAL TEST & EVAL, DE-
FENSE.
185,268 
200,268 
TOTAL RDT&E ........................................................
69,407,767 
69,937,900 
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126 STAT. 2273 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR 
OVERSEAS CONTINGENCY OPERATIONS. 
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTIN-
GENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Program 
Element 
Item 
FY 2013 
Request 
Conference 
Authorized 
ADVANCED COMPONENT DEVELOPMENT & PRO-
TOTYPES 
060 
0603747A 
SOLDIER SUPPORT AND SURVIVABILITY ......................
19,860 
14,860 
Program adjustment ........................................................
[–5,000 
] 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT & PROTOTYPES.
19,860 
19,860 
TOTAL RESEARCH, DEVELOPMENT, TEST & 
EVAL, ARMY.
19,860 
14,860 
ADVANCED COMPONENT DEVELOPMENT & PRO-
TOTYPES 
056 
0603654N 
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOP-
MENT.
4,600 
4,600 
SUBTOTAL ADVANCED COMPONENT DEVEL-
OPMENT & PROTOTYPES.
4,600 
4,600 
SYSTEM DEVELOPMENT & DEMONSTRATION 
131 
0604771N 
MEDICAL DEVELOPMENT ..................................................
2,173 
2,173 
SUBTOTAL SYSTEM DEVELOPMENT & DEM-
ONSTRATION.
2,173 
2,173 
RDT&E MANAGEMENT SUPPORT 
160 
0605866N 
NAVY SPACE AND ELECTRONIC WARFARE (SEW) 
SUPPORT.
5,200 
5,200 
SUBTOTAL RDT&E MANAGEMENT SUPPORT ..
5,200 
5,200 
OPERATIONAL SYSTEMS DEVELOPMENT 
195 
0206624M 
MARINE CORPS COMBAT SERVICES SUPPORT ............
6,762 
6,762 
221 
0305233N 
RQ–7 UAV ...............................................................................
7,600 
7,600 
230A 
9999999999 
CLASSIFIED PROGRAMS .....................................................
33,784 
33,784 
SUBTOTAL OPERATIONAL SYSTEMS DEVEL-
OPMENT.
48,146 
48,146 
TOTAL RESEARCH, DEVELOPMENT, TEST & 
EVAL, NAVY.
60,119 
60,119 
OPERATIONAL SYSTEMS DEVELOPMENT 
249A 
9999999999 
CLASSIFIED PROGRAMS .....................................................
53,150 
53,150 
SUBTOTAL OPERATIONAL SYSTEMS DEVEL-
OPMENT.
53,150 
53,150 
TOTAL RESEARCH, DEVELOPMENT, TEST & 
EVAL, AF.
53,150 
53,150 
OPERATIONAL SYSTEMS DEVELOPMENT 
239 
0305231BB 
MQ–8 UAV ...............................................................................
5,000 
5,000 
276A 
9999999999 
CLASSIFIED PROGRAMS .....................................................
107,387 
107,387 
SUBTOTAL OPERATIONAL SYSTEMS DEVEL-
OPMENT.
112,387 
112,387 
TOTAL RESEARCH, DEVELOPMENT, TEST & 
EVAL, DW.
112,387 
112,387 
TOTAL RDT&E ..........................................................
245,516 
240,516 
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126 STAT. 2274 
PUBLIC LAW 112–239—JAN. 2, 2013 
TITLE XLIII—OPERATION AND 
MAINTENANCE 
SEC. 4301. OPERATION AND MAINTENANCE. 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
OPERATION & MAINTENANCE, ARMY 
OPERATING FORCES 
010 
MANEUVER UNITS .......................................................
1,223,087 
1,223,087 
020 
MODULAR SUPPORT BRIGADES ...............................
80,574 
80,574 
030 
ECHELONS ABOVE BRIGADE ....................................
723,039 
723,039 
040 
THEATER LEVEL ASSETS ..........................................
706,974 
706,974 
050 
LAND FORCES OPERATIONS SUPPORT ..................
1,226,650 
1,226,650 
060 
AVIATION ASSETS ........................................................
1,319,832 
1,319,832 
070 
FORCE READINESS OPERATIONS SUPPORT .........
3,447,174 
3,447,174 
080 
LAND FORCES SYSTEMS READINESS .....................
454,774 
454,774 
090 
LAND FORCES DEPOT MAINTENANCE ..................
1,762,757 
1,762,757 
100 
BASE OPERATIONS SUPPORT ...................................
7,401,613 
7,349,613 
Army requested transfer to Other Procurement, 
Army for emgergency mananagement mod-
ernization prgram .................................................
[–52,000 
] 
110 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
3,041,074 
3,259,674 
Restoration and Modernization of Facilities ..........
[218,600 
] 
120 
MANAGEMENT AND OPERATIONAL HQ’S .............
410,171 
410,171 
130 
COMBATANT COMMANDERS CORE OPERATIONS 
177,819 
177,819 
170 
COMBATANT COMMANDERS ANCILLARY MIS-
SIONS ...........................................................................
461,333 
461,333 
SUBTOTAL OPERATING FORCES ..................
22,436,871 
22,603,471 
MOBILIZATION 
180 
STRATEGIC MOBILITY ................................................
405,496 
405,496 
190 
ARMY PREPOSITIONING STOCKS ............................
195,349 
195,349 
200 
INDUSTRIAL PREPAREDNESS ..................................
6,379 
6,379 
SUBTOTAL MOBILIZATION .............................
607,224 
607,224 
TRAINING AND RECRUITING 
210 
OFFICER ACQUISITION ..............................................
112,866 
112,866 
220 
RECRUIT TRAINING ....................................................
73,265 
73,265 
230 
ONE STATION UNIT TRAINING ................................
51,227 
51,227 
240 
SENIOR RESERVE OFFICERS TRAINING CORPS ..
443,306 
443,306 
250 
SPECIALIZED SKILL TRAINING ................................
1,099,556 
1,099,556 
260 
FLIGHT TRAINING .......................................................
1,130,627 
1,130,627 
270 
PROFESSIONAL DEVELOPMENT EDUCATION .....
191,683 
191,683 
280 
TRAINING SUPPORT ....................................................
652,095 
652,095 
290 
RECRUITING AND ADVERTISING ............................
507,510 
507,510 
300 
EXAMINING ...................................................................
156,964 
156,964 
310 
OFF-DUTY AND VOLUNTARY EDUCATION ............
244,343 
244,343 
320 
CIVILIAN EDUCATION AND TRAINING ..................
212,477 
212,477 
330 
JUNIOR ROTC ................................................................
182,691 
182,691 
SUBTOTAL TRAINING AND RECRUITING ..
5,058,610 
5,058,610 
ADMIN & SRVWIDE ACTIVITIES 
350 
SERVICEWIDE TRANSPORTATION ...........................
601,331 
601,331 
360 
CENTRAL SUPPLY ACTIVITIES .................................
741,324 
741,324 
370 
LOGISTIC SUPPORT ACTIVITIES ..............................
610,136 
610,136 
380 
AMMUNITION MANAGEMENT ..................................
478,707 
478,707 
390 
ADMINISTRATION ........................................................
556,307 
556,307 
400 
SERVICEWIDE COMMUNICATIONS .........................
1,547,925 
1,547,925 
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126 STAT. 2275 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
410 
MANPOWER MANAGEMENT ......................................
362,205 
338,205 
Army-Identified Excess for Civilian Personnel Re-
sources Support ....................................................
[–24,000 
] 
420 
OTHER PERSONNEL SUPPORT .................................
220,754 
220,754 
430 
OTHER SERVICE SUPPORT ........................................
1,153,556 
1,150,509 
Army Museum Funding (Early to need) ................
[–3,047 
] 
440 
ARMY CLAIMS ACTIVITIES ........................................
250,970 
250,970 
450 
REAL ESTATE MANAGEMENT ..................................
222,351 
222,351 
460 
BASE OPERATIONS SUPPORT ...................................
222,379 
222,379 
470 
SUPPORT OF NATO OPERATIONS ............................
459,710 
459,710 
480 
MISC. SUPPORT OF OTHER NATIONS .....................
25,637 
25,637 
490 
CLASSIFIED PROGRAMS .............................................
1,052,595 
1,052,595 
SUBTOTAL ADMIN & SRVWIDE ACTIVI-
TIES ......................................................................
8,505,887 
8,478,840 
UNDISTRIBUTED ADJUSTMENTS 
500 
UNDISTRIBUTED ADJUSTMENTS ............................
–266,600 
Excess Working Capital Fund Carry Over ............
[–146,600 
] 
Historical unobligated balances ..............................
[–120,000 
] 
SUBTOTAL 
UNDISTRIBUTED 
ADJUST-
MENTS .................................................................
–266,600 
TOTAL OPERATION & MAINTENANCE, 
ARMY ................................................................
36,608,592 
36,481,545 
OPERATION & MAINTENANCE, NAVY 
OPERATING FORCES 
010 
MISSION AND OTHER FLIGHT OPERATIONS ........
4,918,144 
4,927,144 
Cruiser Retention .....................................................
[9,000 
] 
020 
FLEET AIR TRAINING .................................................
1,886,825 
1,886,825 
030 
AVIATION TECHNICAL DATA & ENGINEERING 
SERVICES ...................................................................
44,032 
44,032 
040 
AIR OPERATIONS AND SAFETY SUPPORT .............
101,565 
101,565 
050 
AIR SYSTEMS SUPPORT .............................................
374,827 
374,827 
060 
AIRCRAFT DEPOT MAINTENANCE ..........................
960,802 
960,802 
070 
AIRCRAFT DEPOT OPERATIONS SUPPORT ............
37,545 
37,545 
080 
AVIATION LOGISTICS ..................................................
328,805 
328,805 
090 
MISSION AND OTHER SHIP OPERATIONS .............
4,686,535 
4,711,185 
Cruiser Retention .....................................................
[24,650 
] 
100 
SHIP OPERATIONS SUPPORT & TRAINING ...........
769,204 
769,204 
110 
SHIP DEPOT MAINTENANCE ....................................
5,089,981 
5,157,944 
Cruiser Retention .....................................................
[67,963 
] 
120 
SHIP DEPOT OPERATIONS SUPPORT ......................
1,315,366 
1,329,237 
Cruiser Retention .....................................................
[13,871 
] 
130 
COMBAT COMMUNICATIONS ....................................
619,909 
619,909 
140 
ELECTRONIC WARFARE .............................................
92,364 
92,364 
150 
SPACE SYSTEMS AND SURVEILLANCE ..................
174,437 
174,437 
160 
WARFARE TACTICS ......................................................
441,035 
441,035 
170 
OPERATIONAL METEOROLOGY AND OCEANOG-
RAPHY .........................................................................
333,554 
333,554 
180 
COMBAT SUPPORT FORCES ......................................
910,087 
910,087 
190 
EQUIPMENT MAINTENANCE ....................................
167,158 
167,158 
200 
DEPOT OPERATIONS SUPPORT ................................
4,183 
4,183 
210 
COMBATANT COMMANDERS CORE OPERATIONS 
95,528 
95,528 
220 
COMBATANT COMMANDERS DIRECT MISSION 
SUPPORT .....................................................................
204,569 
204,569 
230 
CRUISE MISSILE ...........................................................
111,884 
111,884 
240 
FLEET BALLISTIC MISSILE .......................................
1,181,038 
1,181,038 
250 
IN-SERVICE WEAPONS SYSTEMS SUPPORT .........
87,606 
87,606 
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126 STAT. 2276 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
260 
WEAPONS MAINTENANCE .........................................
519,583 
519,583 
270 
OTHER WEAPON SYSTEMS SUPPORT .....................
300,435 
300,435 
280 
ENTERPRISE INFORMATION .....................................
1,077,924 
1,077,924 
290 
SUSTAINMENT, 
RESTORATION 
AND 
MOD-
ERNIZATION ..............................................................
2,101,279 
2,155,879 
Restoration and Modernization of Facilities ..........
[54,600 
] 
300 
BASE OPERATING SUPPORT .....................................
4,822,093 
4,822,093 
SUBTOTAL OPERATING FORCES ..................
33,758,297 
33,928,381 
MOBILIZATION 
310 
SHIP PREPOSITIONING AND SURGE ......................
334,659 
334,659 
320 
AIRCRAFT ACTIVATIONS/INACTIVATIONS ............
6,562 
6,562 
330 
SHIP ACTIVATIONS/INACTIVATIONS ......................
1,066,329 
1,057,329 
Cruiser Retention .....................................................
[–9,000 
] 
340 
EXPEDITIONARY HEALTH SERVICES SYSTEMS ..
83,901 
83,901 
350 
INDUSTRIAL READINESS ...........................................
2,695 
2,695 
360 
COAST GUARD SUPPORT ...........................................
23,502 
23,502 
SUBTOTAL MOBILIZATION .............................
1,517,648 
1,508,648 
TRAINING AND RECRUITING 
370 
OFFICER ACQUISITION ..............................................
147,807 
147,807 
380 
RECRUIT TRAINING ....................................................
10,473 
10,473 
390 
RESERVE OFFICERS TRAINING CORPS ..................
139,220 
139,220 
400 
SPECIALIZED SKILL TRAINING ................................
582,177 
582,177 
410 
FLIGHT TRAINING .......................................................
5,456 
5,456 
420 
PROFESSIONAL DEVELOPMENT EDUCATION .....
170,746 
170,746 
430 
TRAINING SUPPORT ....................................................
153,403 
153,403 
440 
RECRUITING AND ADVERTISING ............................
241,329 
242,267 
Naval Sea Cadet Corps ............................................
[938 
] 
450 
OFF-DUTY AND VOLUNTARY EDUCATION ............
108,226 
108,226 
460 
CIVILIAN EDUCATION AND TRAINING ..................
105,776 
105,776 
470 
JUNIOR ROTC ................................................................
51,817 
51,817 
SUBTOTAL TRAINING AND RECRUITING ..
1,716,430 
1,717,368 
ADMIN & SRVWD ACTIVITIES 
480 
ADMINISTRATION ........................................................
797,177 
797,177 
490 
EXTERNAL RELATIONS ..............................................
12,872 
12,872 
500 
CIVILIAN MANPOWER AND PERSONNEL MAN-
AGEMENT ...................................................................
120,181 
120,181 
510 
MILITARY MANPOWER AND PERSONNEL MAN-
AGEMENT ...................................................................
235,753 
235,753 
520 
OTHER PERSONNEL SUPPORT .................................
263,060 
263,060 
530 
SERVICEWIDE COMMUNICATIONS .........................
363,213 
363,213 
550 
SERVICEWIDE TRANSPORTATION ...........................
182,343 
182,343 
570 
PLANNING, ENGINEERING AND DESIGN ..............
282,464 
282,464 
580 
ACQUISITION AND PROGRAM MANAGEMENT .....
1,092,123 
1,092,123 
590 
HULL, MECHANICAL AND ELECTRICAL SUP-
PORT ............................................................................
53,560 
53,560 
600 
COMBAT/WEAPONS SYSTEMS ...................................
25,299 
25,299 
610 
SPACE AND ELECTRONIC WARFARE SYSTEMS ...
64,418 
64,418 
620 
NAVAL INVESTIGATIVE SERVICE ............................
580,042 
580,042 
680 
INTERNATIONAL HEADQUARTERS AND AGEN-
CIES .............................................................................
4,984 
4,984 
710 
CLASSIFIED PROGRAMS .............................................
537,079 
537,079 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
4,614,568 
4,614,568 
UNDISTRIBUTED ADJUSTMENTS 
720 
UNDISTRIBUTED ADJUSTMENTS ............................
–23,000 
Historical unobligated balances ..............................
[–23,000 
] 
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126 STAT. 2277 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
SUBTOTAL 
UNDISTRIBUTED 
ADJUST-
MENTS .................................................................
–23,000 
TOTAL OPERATION & MAINTENANCE, 
NAVY .................................................................
41,606,943 
41,745,965 
OPERATION 
& 
MAINTENANCE, 
MARINE 
CORPS 
OPERATING FORCES 
010 
OPERATIONAL FORCES ..............................................
788,055 
788,055 
020 
FIELD LOGISTICS .........................................................
762,614 
762,614 
030 
DEPOT MAINTENANCE ...............................................
168,447 
168,447 
040 
MARITIME PREPOSITIONING ....................................
100,374 
100,374 
050 
SUSTAINMENT, RESTORATION & MODERNIZA-
TION .............................................................................
825,039 
847,839 
Restoration and Modernization of Facilities ..........
[22,800 
] 
060 
BASE OPERATING SUPPORT .....................................
2,188,883 
2,188,883 
SUBTOTAL OPERATING FORCES ..................
4,833,412 
4,856,212 
TRAINING AND RECRUITING 
070 
RECRUIT TRAINING ....................................................
18,251 
18,251 
080 
OFFICER ACQUISITION ..............................................
869 
869 
090 
SPECIALIZED SKILL TRAINING ................................
80,914 
80,914 
100 
PROFESSIONAL DEVELOPMENT EDUCATION .....
42,744 
42,744 
110 
TRAINING SUPPORT ....................................................
292,150 
292,150 
120 
RECRUITING AND ADVERTISING ............................
168,609 
168,609 
130 
OFF-DUTY AND VOLUNTARY EDUCATION ............
56,865 
56,865 
140 
JUNIOR ROTC ................................................................
19,912 
19,912 
SUBTOTAL TRAINING AND RECRUITING ..
680,314 
680,314 
ADMIN & SRVWD ACTIVITIES 
150 
SERVICEWIDE TRANSPORTATION ...........................
39,962 
39,962 
170 
ACQUISITION AND PROGRAM MANAGEMENT .....
83,404 
83,404 
190 
CLASSIFIED PROGRAMS .............................................
346,071 
346,071 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
469,437 
469,437 
TOTAL OPERATION & MAINTENANCE, 
MARINE CORPS ............................................
5,983,163 
6,005,963 
OPERATION & MAINTENANCE, AIR FORCE 
OPERATING FORCES 
010 
PRIMARY COMBAT FORCES ......................................
2,973,141 
2,973,141 
020 
COMBAT ENHANCEMENT FORCES .........................
1,611,032 
1,744,032 
Global Hawk Block 30 .............................................
[133,000 
] 
030 
AIR OPERATIONS TRAINING (OJT, MAINTAIN 
SKILLS) ........................................................................
1,472,806 
1,472,806 
040 
DEPOT MAINTENANCE ...............................................
5,545,470 
5,545,470 
050 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
1,353,987 
1,489,386 
Restoration and Modernization of Facilities ..........
[135,399 
] 
060 
BASE SUPPORT .............................................................
2,595,032 
2,595,032 
070 
GLOBAL C3I AND EARLY WARNING ........................
957,040 
957,040 
080 
OTHER COMBAT OPS SPT PROGRAMS ...................
916,200 
916,200 
100 
TACTICAL INTEL AND OTHER SPECIAL ACTIVI-
TIES ..............................................................................
733,716 
733,716 
110 
LAUNCH FACILITIES ...................................................
314,490 
314,490 
120 
SPACE CONTROL SYSTEMS .......................................
488,762 
488,762 
130 
COMBATANT COMMANDERS DIRECT MISSION 
SUPPORT .....................................................................
862,979 
850,979 
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126 STAT. 2278 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
Joint Forces Command restructuring ....................
[–12,000 
] 
140 
COMBATANT COMMANDERS CORE OPERATIONS 
222,429 
222,429 
SUBTOTAL OPERATING FORCES ..................
20,047,084 
20,303,483 
MOBILIZATION 
150 
AIRLIFT OPERATIONS .................................................
1,785,379 
1,785,379 
160 
MOBILIZATION PREPAREDNESS ..............................
154,049 
154,049 
170 
DEPOT MAINTENANCE ...............................................
1,477,396 
1,477,396 
180 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
309,699 
309,699 
190 
BASE SUPPORT .............................................................
707,574 
707,574 
SUBTOTAL MOBILIZATION .............................
4,434,097 
4,434,097 
TRAINING AND RECRUITING 
200 
OFFICER ACQUISITION ..............................................
115,427 
115,427 
210 
RECRUIT TRAINING ....................................................
17,619 
17,619 
220 
RESERVE OFFICERS TRAINING CORPS (ROTC) ....
92,949 
92,949 
230 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
336,433 
336,433 
240 
BASE SUPPORT .............................................................
842,441 
842,441 
250 
SPECIALIZED SKILL TRAINING ................................
482,634 
482,634 
260 
FLIGHT TRAINING .......................................................
750,609 
750,609 
270 
PROFESSIONAL DEVELOPMENT EDUCATION .....
235,114 
235,114 
280 
TRAINING SUPPORT ....................................................
101,231 
101,231 
290 
DEPOT MAINTENANCE ...............................................
233,330 
233,330 
310 
RECRUITING AND ADVERTISING ............................
130,217 
130,217 
320 
EXAMINING ...................................................................
2,738 
2,738 
330 
OFF-DUTY AND VOLUNTARY EDUCATION ............
155,170 
155,170 
340 
CIVILIAN EDUCATION AND TRAINING ..................
175,147 
175,147 
350 
JUNIOR ROTC ................................................................
74,809 
74,809 
SUBTOTAL TRAINING AND RECRUITING ..
3,745,868 
3,745,868 
ADMIN & SRVWD ACTIVITIES 
360 
LOGISTICS OPERATIONS ............................................
1,029,734 
1,029,734 
370 
TECHNICAL SUPPORT ACTIVITIES .........................
913,843 
913,843 
390 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
303,610 
303,610 
400 
BASE SUPPORT .............................................................
1,266,800 
1,266,800 
410 
ADMINISTRATION ........................................................
587,654 
587,654 
420 
SERVICEWIDE COMMUNICATIONS .........................
667,910 
667,910 
430 
OTHER SERVICEWIDE ACTIVITIES .........................
1,094,509 
1,094,509 
440 
CIVIL AIR PATROL .......................................................
23,904 
23,904 
470 
INTERNATIONAL SUPPORT .......................................
81,307 
81,307 
480 
CLASSIFIED PROGRAMS .............................................
1,239,040 
1,239,040 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
7,208,311 
7,208,311 
UNDISTRIBUTED ADJUSTMENTS 
490 
UNDISTRIBUTED ADJUSTMENTS ............................
–32,000 
Historical unobligated balances ..............................
[–32,000 
] 
SUBTOTAL 
UNDISTRIBUTED 
ADJUST-
MENTS .................................................................
–32,000 
TOTAL OPERATION & MAINTENANCE, 
AIR FORCE .....................................................
35,435,360 
35,659,759 
OPERATION 
& 
MAINTENANCE, 
DEFENSE- 
WIDE 
OPERATING FORCES 
010 
JOINT CHIEFS OF STAFF ...........................................
485,708 
485,708 
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126 STAT. 2279 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
020 
SPECIAL OPERATIONS COMMAND ..........................
5,091,001 
Transfer from line 025 .............................................
[5,091,001 
] 
025 
CLASSIFIED PROGRAMS .............................................
5,091,001 
0 
Transfer to Line 020 ................................................
[–5,091,001 
] 
SUBTOTAL OPERATING FORCES ..................
5,576,709 
5,576,709 
TRAINING AND RECRUITING 
030 
DEFENSE ACQUISITION UNIVERSITY ....................
147,210 
147,210 
040 
NATIONAL DEFENSE UNIVERSITY ..........................
84,999 
84,999 
SUBTOTAL TRAINING AND RECRUITING ..
232,209 
232,209 
ADMIN & SRVWD ACTIVITIES 
050 
CIVIL MILITARY PROGRAMS .....................................
161,294 
161,294 
080 
DEFENSE CONTRACT AUDIT AGENCY ...................
573,973 
573,973 
090 
DEFENSE CONTRACT MANAGEMENT AGENCY ...
1,293,196 
1,293,196 
100 
DEFENSE FINANCE AND ACCOUNTING SERVICE 
17,513 
17,513 
110 
DEFENSE HUMAN RESOURCES ACTIVITY ............
676,186 
676,186 
120 
DEFENSE INFORMATION SYSTEMS AGENCY .......
1,346,847 
1,346,847 
140 
DEFENSE LEGAL SERVICES AGENCY ....................
35,137 
35,137 
150 
DEFENSE LOGISTICS AGENCY .................................
431,893 
431,893 
160 
DEFENSE MEDIA ACTIVITY .......................................
224,013 
224,013 
170 
DEFENSE POW/MIA OFFICE ......................................
21,964 
21,964 
180 
DEFENSE SECURITY COOPERATION AGENCY .....
557,917 
557,917 
190 
DEFENSE SECURITY SERVICE .................................
506,662 
Transfer from Line 280 ...........................................
[506,662 
] 
200 
DEFENSE TECHNOLOGY SECURITY ADMINIS-
TRATION .....................................................................
35,319 
35,319 
210 
DEFENSE THREAT REDUCTION AGENCY .............
443,382 
Transfer from Line 280 ...........................................
[443,382 
] 
220 
DEPARTMENT OF DEFENSE EDUCATION ACTIV-
ITY ................................................................................
2,744,971 
2,744,971 
230 
MISSILE DEFENSE AGENCY ......................................
259,975 
259,975 
250 
OFFICE OF ECONOMIC ADJUSTMENT ...................
253,437 
253,437 
260 
OFFICE OF THE SECRETARY OF DEFENSE ..........
2,095,362 
2,105,362 
Office of Net Assessment .........................................
[10,000 
] 
270 
WASHINGTON HEADQUARTERS SERVICE ............
521,297 
521,297 
280 
CLASSIFIED PROGRAMS .............................................
14,933,801 
14,033,757 
Additional ISR Support to Operation Observant 
Compass ................................................................
[50,000 
] 
Transfer to Line 190 ................................................
[–506,662 
] 
Transfer to Line 210 ................................................
[–443,382 
] 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
26,184,095 
26,244,095 
UNDISTRIBUTED ADJUSTMENTS 
290 
UNDISTRIBUTED ADJUSTMENTS ............................
35,000 
DOD Impact Aid .......................................................
[30,000 
] 
Impact aid for children with severe disabilities ....
[5,000 
] 
SUBTOTAL 
UNDISTRIBUTED 
ADJUST-
MENTS .................................................................
35,000 
TOTAL OPERATION & MAINTENANCE, 
DEFENSE-WIDE ............................................
31,993,013 
32,088,013 
OPERATION & MAINTENANCE, ARMY RES 
OPERATING FORCES 
010 
MANEUVER UNITS .......................................................
1,391 
1,391 
020 
MODULAR SUPPORT BRIGADES ...............................
20,889 
20,889 
030 
ECHELONS ABOVE BRIGADE ....................................
592,724 
592,724 
040 
THEATER LEVEL ASSETS ..........................................
114,983 
114,983 
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126 STAT. 2280 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
050 
LAND FORCES OPERATIONS SUPPORT ..................
633,091 
633,091 
060 
AVIATION ASSETS ........................................................
76,823 
76,823 
070 
FORCE READINESS OPERATIONS SUPPORT .........
481,997 
481,997 
080 
LAND FORCES SYSTEMS READINESS .....................
70,118 
70,118 
090 
LAND FORCES DEPOT MAINTENANCE ..................
141,205 
141,205 
100 
BASE OPERATIONS SUPPORT ...................................
561,878 
561,878 
110 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
287,399 
308,099 
Restoration and Modernization of Facilities ..........
[20,700 
] 
120 
MANAGEMENT AND OPERATIONAL HQ’S .............
52,431 
52,431 
SUBTOTAL OPERATING FORCES ..................
3,034,929 
3,055,629 
ADMIN & SRVWD ACTIVITIES 
140 
SERVICEWIDE TRANSPORTATION ...........................
12,995 
12,995 
150 
ADMINISTRATION ........................................................
32,432 
32,432 
160 
SERVICEWIDE COMMUNICATIONS .........................
4,895 
4,895 
170 
MANPOWER MANAGEMENT ......................................
16,074 
11,574 
Unjustified growth for civilian personnel ..............
[–4,500 
] 
180 
RECRUITING AND ADVERTISING ............................
60,683 
60,683 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
127,079 
122,579 
TOTAL OPERATION & MAINTENANCE, 
ARMY RES .......................................................
3,162,008 
3,178,208 
OPERATION & MAINTENANCE, NAVY RES 
OPERATING FORCES 
010 
MISSION AND OTHER FLIGHT OPERATIONS ........
616,776 
616,776 
020 
INTERMEDIATE MAINTENANCE ..............................
15,076 
15,076 
030 
AIR OPERATIONS AND SAFETY SUPPORT .............
1,479 
1,479 
040 
AIRCRAFT DEPOT MAINTENANCE ..........................
107,251 
107,251 
050 
AIRCRAFT DEPOT OPERATIONS SUPPORT ............
355 
355 
060 
MISSION AND OTHER SHIP OPERATIONS .............
82,186 
82,186 
070 
SHIP OPERATIONS SUPPORT & TRAINING ...........
589 
589 
080 
SHIP DEPOT MAINTENANCE ....................................
48,593 
48,593 
090 
COMBAT COMMUNICATIONS ....................................
15,274 
15,274 
100 
COMBAT SUPPORT FORCES ......................................
124,917 
124,917 
110 
WEAPONS MAINTENANCE .........................................
1,978 
1,978 
120 
ENTERPRISE INFORMATION .....................................
43,699 
43,699 
130 
SUSTAINMENT, 
RESTORATION 
AND 
MOD-
ERNIZATION ..............................................................
60,646 
60,646 
140 
BASE OPERATING SUPPORT .....................................
105,227 
105,227 
SUBTOTAL OPERATING FORCES ..................
1,224,046 
1,224,046 
ADMIN & SRVWD ACTIVITIES 
150 
ADMINISTRATION ........................................................
3,117 
3,117 
160 
MILITARY MANPOWER AND PERSONNEL MAN-
AGEMENT ...................................................................
14,337 
14,337 
170 
SERVICEWIDE COMMUNICATIONS .........................
2,392 
2,392 
180 
ACQUISITION AND PROGRAM MANAGEMENT .....
3,090 
3,090 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
22,936 
22,936 
TOTAL OPERATION & MAINTENANCE, 
NAVY RES .......................................................
1,246,982 
1,246,982 
OPERATION & MAINTENANCE, MC RESERVE 
OPERATING FORCES 
010 
OPERATING FORCES ...................................................
89,690 
89,690 
020 
DEPOT MAINTENANCE ...............................................
16,735 
16,735 
030 
SUSTAINMENT, 
RESTORATION 
AND 
MOD-
ERNIZATION ..............................................................
37,913 
37,913 
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126 STAT. 2281 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
040 
BASE OPERATING SUPPORT .....................................
103,746 
103,746 
SUBTOTAL OPERATING FORCES ..................
248,084 
248,084 
ADMIN & SRVWD ACTIVITIES 
050 
SERVICEWIDE TRANSPORTATION ...........................
873 
873 
060 
ADMINISTRATION ........................................................
14,330 
14,330 
070 
RECRUITING AND ADVERTISING ............................
8,998 
8,998 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
24,201 
24,201 
TOTAL OPERATION & MAINTENANCE, 
MC RESERVE .................................................
272,285 
272,285 
OPERATION & MAINTENANCE, AF RESERVE 
OPERATING FORCES 
010 
PRIMARY COMBAT FORCES ......................................
2,089,326 
2,089,326 
020 
MISSION SUPPORT OPERATIONS ............................
112,992 
112,992 
030 
DEPOT MAINTENANCE ...............................................
406,101 
406,101 
040 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
71,564 
78,264 
Restoration and Modernization of Facilities ..........
[6,700 
] 
050 
BASE SUPPORT .............................................................
364,862 
364,862 
SUBTOTAL OPERATING FORCES ..................
3,044,845 
3,051,545 
ADMIN & SRVWD ACTIVITIES 
060 
ADMINISTRATION ........................................................
78,824 
78,824 
070 
RECRUITING AND ADVERTISING ............................
16,020 
16,020 
080 
MILITARY MANPOWER AND PERS MGMT (ARPC) 
19,496 
19,496 
090 
OTHER PERS SUPPORT (DISABILITY COMP) .........
6,489 
6,489 
100 
AUDIOVISUAL ...............................................................
808 
808 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
121,637 
121,637 
UNDISTRIBUTED ADJUSTMENTS 
110 
UNDISTRIBUTED ADJUSTMENTS ............................
33,900 
Retain Air Force Reserve Force Structure .............
[33,900 
] 
SUBTOTAL 
UNDISTRIBUTED 
ADJUST-
MENTS .................................................................
33,900 
TOTAL OPERATION & MAINTENANCE, 
AF RESERVE ..................................................
3,166,482 
3,207,082 
OPERATION & MAINTENANCE, ARNG 
OPERATING FORCES 
010 
MANEUVER UNITS .......................................................
680,206 
680,206 
020 
MODULAR SUPPORT BRIGADES ...............................
186,408 
186,408 
030 
ECHELONS ABOVE BRIGADE ....................................
865,628 
865,628 
040 
THEATER LEVEL ASSETS ..........................................
112,651 
112,651 
050 
LAND FORCES OPERATIONS SUPPORT ..................
36,091 
36,091 
060 
AVIATION ASSETS ........................................................
907,011 
907,011 
070 
FORCE READINESS OPERATIONS SUPPORT .........
751,606 
751,606 
080 
LAND FORCES SYSTEMS READINESS .....................
60,043 
60,043 
090 
LAND FORCES DEPOT MAINTENANCE ..................
411,940 
411,940 
100 
BASE OPERATIONS SUPPORT ...................................
995,423 
995,423 
110 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
688,189 
737,589 
Restoration and Modernization of Facilities ..........
[49,400 
] 
120 
MANAGEMENT AND OPERATIONAL HQ’S .............
953,716 
953,716 
SUBTOTAL OPERATING FORCES ..................
6,648,912 
6,698,312 
ADMIN & SRVWD ACTIVITIES 
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126 STAT. 2282 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
130 
SERVICEWIDE TRANSPORTATION ...........................
11,806 
11,806 
140 
REAL ESTATE MANAGEMENT ..................................
1,656 
1,656 
150 
ADMINISTRATION ........................................................
89,358 
89,358 
160 
SERVICEWIDE COMMUNICATIONS .........................
39,513 
39,513 
170 
MANPOWER MANAGEMENT ......................................
7,224 
7,224 
180 
RECRUITING AND ADVERTISING ............................
310,143 
310,143 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
459,700 
459,700 
TOTAL OPERATION & MAINTENANCE, 
ARNG ................................................................
7,108,612 
7,158,012 
OPERATION & MAINTENANCE, ANG 
OPERATING FORCES 
010 
AIRCRAFT OPERATIONS .............................................
3,559,824 
3,559,824 
020 
MISSION SUPPORT OPERATIONS ............................
721,225 
721,225 
030 
DEPOT MAINTENANCE ...............................................
774,875 
774,875 
040 
FACILITIES SUSTAINMENT, RESTORATION & 
MODERNIZATION .....................................................
270,709 
295,409 
Restoration and Modernization of Facilities ..........
[24,700 
] 
050 
BASE SUPPORT .............................................................
624,443 
624,443 
SUBTOTAL OPERATING FORCES ..................
5,951,076 
5,975,776 
ADMIN & SRVWD ACTIVITIES 
060 
ADMINISTRATION ........................................................
32,358 
32,358 
070 
RECRUITING AND ADVERTISING ............................
32,021 
32,021 
SUBTOTAL ADMIN & SRVWD ACTIVITIES
64,379 
64,379 
UNDISTRIBUTED ADJUSTMENTS 
080 
UNDISTRIBUTED ADJUSTMENTS ............................
145,400 
Retain Air National Guard Force Structure ..........
[145,400 
] 
SUBTOTAL 
UNDISTRIBUTED 
ADJUST-
MENTS .................................................................
145,400 
TOTAL OPERATION & MAINTENANCE, 
ANG ...................................................................
6,015,455 
6,185,555 
MISCELLANEOUS APPROPRIATIONS 
MISCELLANEOUS APPROPRIATIONS 
020 
OVERSEAS 
HUMANITARIAN, 
DISASTER 
AND 
CIVIC AID ....................................................................
108,759 
108,759 
030 
COOPERATIVE THREAT REDUCTION .....................
519,111 
519,111 
040 
ACQ WORKFORCE DEV FD .........................................
274,198 
274,198 
050 
ENVIRONMENTAL RESTORATION, ARMY ..............
335,921 
335,921 
SUBTOTAL MISCELLANEOUS APPROPRIA-
TIONS ...................................................................
1,237,989 
1,237,989 
MISCELLANEOUS APPROPRIATIONS 
060 
ENVIRONMENTAL RESTORATION, NAVY ..............
310,594 
310,594 
SUBTOTAL MISCELLANEOUS APPROPRIA-
TIONS ...................................................................
310,594 
310,594 
MISCELLANEOUS APPROPRIATIONS 
070 
ENVIRONMENTAL RESTORATION, AIR FORCE ....
529,263 
529,263 
SUBTOTAL MISCELLANEOUS APPROPRIA-
TIONS ...................................................................
529,263 
529,263 
MISCELLANEOUS APPROPRIATIONS 
010 
US COURT OF APPEALS FOR THE ARMED 
FORCES, DEFENSE ...................................................
13,516 
13,516 
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126 STAT. 2283 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4301. OPERATION AND MAINTENANCE 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
080 
ENVIRONMENTAL RESTORATION, DEFENSE .......
11,133 
11,133 
SUBTOTAL MISCELLANEOUS APPROPRIA-
TIONS ...................................................................
24,649 
24,649 
MISCELLANEOUS APPROPRIATIONS 
090 
ENVIRONMENTAL 
RESTORATION 
FORMERLY 
USED SITES ................................................................
237,543 
237,543 
SUBTOTAL MISCELLANEOUS APPROPRIA-
TIONS ...................................................................
237,543 
237,543 
TOTAL MISCELLANEOUS APPROPRIA-
TIONS ...............................................................
2,340,038 
2,340,038 
TOTAL OPERATION & MAINTENANCE ....
174,938,933 
175,569,407 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTIN-
GENCY OPERATIONS. 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
OPERATION & MAINTENANCE, ARMY 
OPERATING FORCES 
040 
THEATER LEVEL ASSETS ..................................................
2,758,162 
2,758,162 
050 
LAND FORCES OPERATIONS SUPPORT .........................
991,396 
991,396 
060 
AVIATION ASSETS ...............................................................
40,300 
40,300 
070 
FORCE READINESS OPERATIONS SUPPORT ................
1,755,445 
1,755,445 
080 
LAND FORCES SYSTEMS READINESS ............................
307,244 
307,244 
100 
BASE OPERATIONS SUPPORT ..........................................
393,165 
393,165 
110 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ......................................................................
250,000 
250,000 
140 
ADDITIONAL ACTIVITIES ..................................................
12,524,137 
12,514,137 
Task Force for Stability Operations: Operations/ 
Sustainment Request ..................................................
[–10,000 
] 
150 
COMMANDERS EMERGENCY RESPONSE PROGRAM
400,000 
200,000 
Historical underexecution ...............................................
[–200,000 
] 
160 
RESET .....................................................................................
3,687,973 
3,687,973 
SUBTOTAL OPERATING FORCES .........................
23,107,822 
22,897,822 
ADMIN & SRVWIDE ACTIVITIES 
350 
SERVICEWIDE TRANSPORTATION ..................................
3,238,310 
3,238,310 
360 
CENTRAL SUPPLY ACTIVITIES ........................................
129,000 
129,000 
380 
AMMUNITION MANAGEMENT .........................................
78,022 
78,022 
420 
OTHER PERSONNEL SUPPORT ........................................
137,277 
97,277 
Transfer to OPA OCO Line 061 at SOUTHCOM re-
quest .............................................................................
[–40,000 
] 
430 
OTHER SERVICE SUPPORT ...............................................
72,293 
72,293 
490 
CLASSIFIED PROGRAMS ....................................................
1,828,717 
1,828,717 
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ....
5,483,619 
5,443,619 
TOTAL 
OPERATION 
& 
MAINTENANCE, 
ARMY .......................................................................
28,591,441 
28,341,441 
OPERATION & MAINTENANCE, NAVY 
OPERATING FORCES 
010 
MISSION AND OTHER FLIGHT OPERATIONS ...............
937,098 
937,098 
030 
AVIATION 
TECHNICAL 
DATA 
& 
ENGINEERING 
SERVICES ...........................................................................
1,000 
1,000 
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126 STAT. 2284 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
040 
AIR OPERATIONS AND SAFETY SUPPORT ....................
15,794 
15,794 
050 
AIR SYSTEMS SUPPORT .....................................................
19,013 
19,013 
060 
AIRCRAFT DEPOT MAINTENANCE ..................................
201,912 
201,912 
070 
AIRCRAFT DEPOT OPERATIONS SUPPORT ...................
3,000 
3,000 
080 
AVIATION LOGISTICS .........................................................
44,150 
44,150 
090 
MISSION AND OTHER SHIP OPERATIONS ....................
463,738 
463,738 
100 
SHIP OPERATIONS SUPPORT & TRAINING ...................
24,774 
24,774 
110 
SHIP DEPOT MAINTENANCE ............................................
1,310,010 
1,310,010 
130 
COMBAT COMMUNICATIONS ...........................................
42,965 
42,965 
160 
WARFARE TACTICS .............................................................
25,970 
25,970 
170 
OPERATIONAL 
METEOROLOGY 
AND 
OCEANOG-
RAPHY .................................................................................
19,226 
19,226 
180 
COMBAT SUPPORT FORCES .............................................
1,668,359 
1,668,359 
190 
EQUIPMENT MAINTENANCE ...........................................
7,954 
7,954 
250 
IN-SERVICE WEAPONS SYSTEMS SUPPORT .................
94,655 
94,655 
260 
WEAPONS MAINTENANCE ................................................
303,087 
303,087 
290 
SUSTAINMENT, RESTORATION AND MODERNIZA-
TION ....................................................................................
3,218 
3,218 
300 
BASE OPERATING SUPPORT ............................................
143,442 
143,442 
SUBTOTAL OPERATING FORCES .........................
5,329,365 
5,329,365 
MOBILIZATION 
340 
EXPEDITIONARY HEALTH SERVICES SYSTEMS .........
31,395 
31,395 
360 
COAST GUARD SUPPORT ...................................................
254,461 
254,461 
SUBTOTAL MOBILIZATION .....................................
285,856 
285,856 
TRAINING AND RECRUITING 
400 
SPECIALIZED SKILL TRAINING .......................................
50,903 
50,903 
SUBTOTAL TRAINING AND RECRUITING .........
50,903 
50,903 
ADMIN & SRVWD ACTIVITIES 
480 
ADMINISTRATION ...............................................................
1,377 
1,377 
490 
EXTERNAL RELATIONS .....................................................
487 
487 
510 
MILITARY MANPOWER AND PERSONNEL MANAGE-
MENT ..................................................................................
6,022 
6,022 
520 
OTHER PERSONNEL SUPPORT ........................................
3,514 
3,514 
550 
SERVICEWIDE TRANSPORTATION ..................................
184,864 
184,864 
580 
ACQUISITION AND PROGRAM MANAGEMENT ............
2,026 
2,026 
620 
NAVAL INVESTIGATIVE SERVICE ...................................
1,425 
1,425 
710 
CLASSIFIED PROGRAMS ....................................................
14,556 
14,556 
SUBTOTAL ADMIN & SRVWD ACTIVITIES .........
214,271 
214,271 
TOTAL OPERATION & MAINTENANCE, NAVY 
5,880,395 
5,880,395 
OPERATION & MAINTENANCE, MARINE CORPS 
OPERATING FORCES 
010 
OPERATIONAL FORCES .....................................................
1,921,258 
1,921,258 
020 
FIELD LOGISTICS ................................................................
1,094,028 
1,094,028 
030 
DEPOT MAINTENANCE ......................................................
222,824 
222,824 
060 
BASE OPERATING SUPPORT ............................................
88,690 
88,690 
SUBTOTAL OPERATING FORCES .........................
3,326,800 
3,326,800 
TRAINING AND RECRUITING 
110 
TRAINING SUPPORT ...........................................................
215,212 
215,212 
SUBTOTAL TRAINING AND RECRUITING .........
215,212 
215,212 
ADMIN & SRVWD ACTIVITIES 
150 
SERVICEWIDE TRANSPORTATION ..................................
512,627 
512,627 
190 
CLASSIFIED PROGRAMS ....................................................
11,701 
11,701 
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126 STAT. 2285 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
SUBTOTAL ADMIN & SRVWD ACTIVITIES .........
524,328 
524,328 
TOTAL OPERATION & MAINTENANCE, MA-
RINE CORPS ..........................................................
4,066,340 
4,066,340 
OPERATION & MAINTENANCE, AIR FORCE 
OPERATING FORCES 
010 
PRIMARY COMBAT FORCES ..............................................
1,494,144 
1,494,144 
020 
COMBAT ENHANCEMENT FORCES .................................
809,531 
809,531 
030 
AIR 
OPERATIONS 
TRAINING 
(OJT, 
MAINTAIN 
SKILLS) ...............................................................................
13,095 
13,095 
040 
DEPOT MAINTENANCE ......................................................
1,403,238 
1,403,238 
050 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ......................................................................
155,954 
155,954 
060 
BASE SUPPORT ....................................................................
342,226 
342,226 
070 
GLOBAL C3I AND EARLY WARNING ...............................
15,108 
15,108 
080 
OTHER COMBAT OPS SPT PROGRAMS ...........................
271,390 
271,390 
100 
TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES
25,400 
25,400 
120 
SPACE CONTROL SYSTEMS ..............................................
5,110 
5,110 
130 
COMBATANT COMMANDERS DIRECT MISSION SUP-
PORT ...................................................................................
52,173 
52,173 
SUBTOTAL OPERATING FORCES .........................
4,587,369 
4,587,369 
MOBILIZATION 
150 
AIRLIFT OPERATIONS ........................................................
3,187,211 
3,187,211 
160 
MOBILIZATION PREPAREDNESS .....................................
43,509 
43,509 
170 
DEPOT MAINTENANCE ......................................................
554,943 
554,943 
180 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ......................................................................
4,431 
4,431 
190 
BASE SUPPORT ....................................................................
9,256 
9,256 
SUBTOTAL MOBILIZATION .....................................
3,799,350 
3,799,350 
TRAINING AND RECRUITING 
230 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ......................................................................
424 
424 
240 
BASE SUPPORT ....................................................................
1,036 
1,036 
250 
SPECIALIZED SKILL TRAINING .......................................
10,923 
10,923 
260 
FLIGHT TRAINING ..............................................................
72 
72 
270 
PROFESSIONAL DEVELOPMENT EDUCATION .............
323 
323 
280 
TRAINING SUPPORT ...........................................................
352 
352 
SUBTOTAL TRAINING AND RECRUITING .........
13,130 
13,130 
ADMIN & SRVWD ACTIVITIES 
360 
LOGISTICS OPERATIONS ...................................................
100,429 
100,429 
390 
FACILITIES SUSTAINMENT, RESTORATION & MOD-
ERNIZATION ......................................................................
47,200 
47,200 
400 
BASE SUPPORT ....................................................................
7,242 
7,242 
410 
ADMINISTRATION ...............................................................
1,552 
1,552 
420 
SERVICEWIDE COMMUNICATIONS ................................
82,094 
82,094 
430 
OTHER SERVICEWIDE ACTIVITIES ................................
582,977 
582,977 
480 
CLASSIFIED PROGRAMS ....................................................
20,270 
20,270 
SUBTOTAL ADMIN & SRVWD ACTIVITIES .........
841,764 
841,764 
TOTAL OPERATION & MAINTENANCE, AIR 
FORCE .....................................................................
9,241,613 
9,241,613 
OPERATION & MAINTENANCE, DEFENSE-WIDE 
OPERATING FORCES 
010 
JOINT CHIEFS OF STAFF ..................................................
2,000 
2,000 
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126 STAT. 2286 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
020 
SPECIAL OPERATIONS COMMAND .................................
2,503,060 
2,503,060 
SUBTOTAL OPERATING FORCES .........................
2,505,060 
2,505,060 
ADMIN & SRVWD ACTIVITIES 
080 
DEFENSE CONTRACT AUDIT AGENCY ..........................
30,674 
30,674 
090 
DEFENSE CONTRACT MANAGEMENT AGENCY ..........
69,803 
69,803 
110 
DEFENSE HUMAN RESOURCES ACTIVITY ...................
3,334 
3,334 
120 
DEFENSE INFORMATION SYSTEMS AGENCY ..............
152,925 
152,925 
140 
DEFENSE LEGAL SERVICES AGENCY ............................
102,322 
102,322 
160 
DEFENSE MEDIA ACTIVITY ..............................................
10,823 
10,823 
180 
DEFENSE SECURITY COOPERATION AGENCY ............
2,200,000 
2,100,000 
Program Decrease—Coalition Support Funds ..............
[–100,000 
] 
220 
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY
139,830 
139,830 
260 
OFFICE OF THE SECRETARY OF DEFENSE ..................
87,805 
87,805 
280 
CLASSIFIED PROGRAMS ....................................................
2,522,003 
2,522,003 
SUBTOTAL ADMIN & SRVWD ACTIVITIES .........
5,319,519 
5,219,519 
TOTAL OPERATION & MAINTENANCE, DE-
FENSE-WIDE .........................................................
7,824,579 
7,724,579 
OPERATION & MAINTENANCE, ARMY RES 
OPERATING FORCES 
030 
ECHELONS ABOVE BRIGADE ...........................................
78,600 
78,600 
050 
LAND FORCES OPERATIONS SUPPORT .........................
20,811 
20,811 
070 
FORCE READINESS OPERATIONS SUPPORT ................
20,726 
20,726 
100 
BASE OPERATIONS SUPPORT ..........................................
34,400 
34,400 
SUBTOTAL OPERATING FORCES .........................
154,537 
154,537 
TOTAL 
OPERATION 
& 
MAINTENANCE, 
ARMY RES ..............................................................
154,537 
154,537 
OPERATION & MAINTENANCE, NAVY RES 
OPERATING FORCES 
010 
MISSION AND OTHER FLIGHT OPERATIONS ...............
24,834 
24,834 
020 
INTERMEDIATE MAINTENANCE .....................................
300 
300 
040 
AIRCRAFT DEPOT MAINTENANCE ..................................
13,364 
13,364 
060 
MISSION AND OTHER SHIP OPERATIONS ....................
8,213 
8,213 
080 
SHIP DEPOT MAINTENANCE ............................................
929 
929 
100 
COMBAT SUPPORT FORCES .............................................
8,244 
8,244 
140 
BASE OPERATING SUPPORT ............................................
40 
40 
SUBTOTAL OPERATING FORCES .........................
55,924 
55,924 
TOTAL OPERATION & MAINTENANCE, NAVY 
RES ...........................................................................
55,924 
55,924 
OPERATION & MAINTENANCE, MC RESERVE 
OPERATING FORCES 
010 
OPERATING FORCES ..........................................................
22,657 
22,657 
040 
BASE OPERATING SUPPORT ............................................
2,820 
2,820 
SUBTOTAL OPERATING FORCES .........................
25,477 
25,477 
TOTAL OPERATION & MAINTENANCE, MC 
RESERVE ................................................................
25,477 
25,477 
OPERATION & MAINTENANCE, AF RESERVE 
OPERATING FORCES 
010 
PRIMARY COMBAT FORCES ..............................................
7,600 
7,600 
030 
DEPOT MAINTENANCE ......................................................
106,768 
106,768 
050 
BASE SUPPORT ....................................................................
6,250 
6,250 
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126 STAT. 2287 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
SUBTOTAL OPERATING FORCES .........................
120,618 
120,618 
TOTAL OPERATION & MAINTENANCE, AF 
RESERVE ................................................................
120,618 
120,618 
OPERATION & MAINTENANCE, ARNG 
OPERATING FORCES 
010 
MANEUVER UNITS ..............................................................
38,485 
38,485 
020 
MODULAR SUPPORT BRIGADES ......................................
1,959 
1,959 
030 
ECHELONS ABOVE BRIGADE ...........................................
20,076 
20,076 
040 
THEATER LEVEL ASSETS ..................................................
2,028 
2,028 
060 
AVIATION ASSETS ...............................................................
183,811 
183,811 
070 
FORCE READINESS OPERATIONS SUPPORT ................
43,780 
43,780 
100 
BASE OPERATIONS SUPPORT ..........................................
70,237 
70,237 
120 
MANAGEMENT AND OPERATIONAL HQ’S .....................
20,072 
20,072 
SUBTOTAL OPERATING FORCES .........................
380,448 
380,448 
ADMIN & SRVWD ACTIVITIES 
160 
SERVICEWIDE COMMUNICATIONS ................................
2,000 
2,000 
SUBTOTAL ADMIN & SRVWD ACTIVITIES .........
2,000 
2,000 
TOTAL 
OPERATION 
& 
MAINTENANCE, 
ARNG .......................................................................
382,448 
382,448 
OPERATION & MAINTENANCE, ANG 
OPERATING FORCES 
020 
MISSION SUPPORT OPERATIONS ....................................
19,975 
19,975 
SUBTOTAL OPERATING FORCES .........................
19,975 
19,975 
TOTAL OPERATION & MAINTENANCE, ANG
19,975 
19,975 
AFGHANISTAN SECURITY FORCES FUND 
MINISTRY OF DEFENSE 
010 
SUSTAINMENT .....................................................................
2,523,825 
2,523,825 
020 
INFRASTRUCTURE ..............................................................
190,000 
190,000 
030 
EQUIPMENT AND TRANSPORTATION ............................
241,521 
241,521 
040 
TRAINING AND OPERATIONS ..........................................
758,380 
758,380 
SUBTOTAL MINISTRY OF DEFENSE ....................
3,713,726 
3,713,726 
MINISTRY OF INTERIOR 
050 
SUSTAINMENT .....................................................................
1,305,950 
1,305,950 
060 
INFRASTRUCTURE ..............................................................
50,000 
50,000 
070 
EQUIPMENT AND TRANSPORTATION ............................
84,859 
84,859 
080 
TRAINING AND OPERATIONS ..........................................
569,868 
569,868 
SUBTOTAL MINISTRY OF INTERIOR ...................
2,010,677 
2,010,677 
RELATED ACTIVITIES 
090 
SUSTAINMENT .....................................................................
18,325 
18,325 
100 
INFRASTRUCTUE ................................................................
1,200 
1,200 
110 
EQUIPMENT & TRANSPORTATION .................................
1,239 
1,239 
120 
TRAINING AND OPERATIONS ..........................................
4,000 
4,000 
SUBTOTAL RELATED ACTIVITIES .......................
24,764 
24,764 
TOTAL AFGHANISTAN SECURITY FORCES 
FUND .......................................................................
5,749,167 
5,749,167 
AFGHANISTAN INFRASTRUCTURE FUND 
AFGHANISTAN INFRASTRUCTURE FUND 
010 
POWER ...................................................................................
400,000 
350,000 
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126 STAT. 2288 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Line 
Item 
FY 2013 
Request 
Conference 
Authorized 
Program Decrease ...........................................................
[–50,000 
] 
SUBTOTAL AFGHANISTAN INFRASTRUCTURE 
FUND ...........................................................................
400,000 
350,000 
TOTAL AFGHANISTAN INFRASTRUCTURE 
FUND .......................................................................
400,000 
350,000 
TOTAL OPERATION & MAINTENANCE ............
62,512,514 
62,112,514 
TITLE XLIV—MILITARY PERSONNEL 
SEC. 4401. MILITARY PERSONNEL. 
SEC. 4401. MILITARY PERSONNEL 
(In Thousands of Dollars) 
Item 
FY 2013 
Request 
Conference 
Authorized 
MILITARY PERSONNEL .............................................................
135,111,799 
135,777,368 
USMC military personnel in lieu of LAV funding ......
[129,729 
] 
Retain Global Hawk ......................................................
[22,000 
] 
Restore accrual payments to the Medicare eligible 
health care trust fund .................................................
[672,000 
] 
Unobligated balances .....................................................
[–295,250 
] 
Basic allowance for housing for members of the Na-
tional Guard (Section 603) ..........................................
[6,000 
] 
Retain 128 Air National Guard AGRs for two air sov-
ereignty alert locations ................................................
[8,300 
] 
Retain Air National Guard Force Structure ................
[86,600 
] 
Retain Air Force Reserve Force Structure ...................
[17,100 
] 
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY 
OPERATIONS. 
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Item 
FY 2013 
Request 
Conference 
Authorized 
MILITARY PERSONNEL .............................................................
14,060,094 
14,055,094 
Navy identified excess to requirement .........................
[–5,000 
] 
TITLE XLV—OTHER AUTHORIZATIONS 
SEC. 4501. OTHER AUTHORIZATIONS. 
SEC. 4501. OTHER AUTHORIZATIONS 
(In Thousands of Dollars) 
Program Title 
FY 2013 
Request 
Conference 
Authorized 
WORKING CAPITAL FUND, ARMY 
PREPOSITIONED WAR RESERVE STOCKS ............................
60,037 
60,037 
TOTAL WORKING CAPITAL FUND, ARMY ................
60,037 
60,037 
WORKING CAPITAL FUND, AIR FORCE 
CONTAINER DECONSOLIDATION 
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126 STAT. 2289 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4501. OTHER AUTHORIZATIONS 
(In Thousands of Dollars) 
Program Title 
FY 2013 
Request 
Conference 
Authorized 
SUPPLIES AND MATERIALS (MEDICAL/DENTAL) ..............
45,452 
45,452 
TOTAL WORKING CAPITAL FUND, AIR FORCE .....
45,452 
45,452 
WORKING CAPITAL FUND, DEFENSE-WIDE 
DEFENSE LOGISTICS AGENCY (DLA) ....................................
39,135 
39,135 
TOTAL WORKING CAPITAL FUND, DEFENSE- 
WIDE ...................................................................................
39,135 
39,135 
WORKING CAPITAL FUND, DECA 
WORKING CAPITAL FUND, DECA ...........................................
1,371,560 
1,371,560 
TOTAL WORKING CAPITAL FUND, DECA ................
1,371,560 
1,371,560 
NATIONAL DEFENSE SEALIFT FUND 
T-AKE 
MPF MLP .......................................................................................
38,000 
38,000 
POST DELIVERY AND OUTFITTING .......................................
39,386 
39,386 
NATIONAL DEF SEALIFT VESSEL 
LG MED SPD RO/RO MAINTENANCE .....................................
128,819 
128,819 
DOD MOBILIZATION ALTERATIONS ......................................
26,598 
26,598 
TAH MAINTENANCE ..................................................................
29,199 
29,199 
RESEARCH AND DEVELOPMENT ...........................................
42,811 
42,811 
READY RESERVE FORCE ..........................................................
303,323 
303,323 
TOTAL NATIONAL DEFENSE SEALIFT FUND ........
608,136 
608,136 
DEFENSE HEALTH PROGRAM 
IN-HOUSE CARE ..........................................................................
8,625,507 
8,625,507 
PRIVATE SECTOR CARE ............................................................
16,148,263 
15,788,263 
Pilot program for treatment of Autism ........................
[40,000 
] 
TRICARE historical underexecution ............................
[–400,000 
] 
CONSOLIDATED HEALTH SUPPORT ......................................
2,309,185 
2,309,185 
INFORMATION MANAGEMENT ...............................................
1,465,328 
1,465,328 
MANAGEMENT ACTIVITIES .....................................................
332,121 
332,121 
EDUCATION AND TRAINING ...................................................
722,081 
722,081 
BASE OPERATIONS/COMMUNICATIONS ...............................
1,746,794 
1,746,794 
UNDISTRIBUTED, OPERATION & MAINTENANCE .............
452,000 
Restore estimated savings in TRICARE Prime and 
Standard enrollment fees and deductables for 
TRICARE Standard .....................................................
[273,000 
] 
Restore pharmacy co-pay estimated savings ...............
[179,000 
] 
RDT&E ...........................................................................................
672,977 
672,977 
PROCUREMENT ..........................................................................
506,462 
506,462 
TOTAL DEFENSE HEALTH PROGRAM ......................
32,528,718 
32,620,718 
CHEM AGENTS & MUNITIONS DESTRUCTION 
OPERATION & MAINTENANCE ...............................................
635,843 
635,843 
RDT&E ...........................................................................................
647,351 
647,351 
PROCUREMENT ..........................................................................
18,592 
18,592 
TOTAL CHEM AGENTS & MUNITIONS DESTRUC-
TION ...................................................................................
1,301,786 
1,301,786 
DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVI-
TIES, DEFENSE ........................................................................
889,545 
889,545 
DRUG DEMAND REDUCTION PROGRAM ..............................
109,818 
135,718 
Authorization increase expanded drug testing ............
[25,900 
] 
TOTAL DRUG INTERDICTION & CTR-DRUG AC-
TIVITIES, DEF .................................................................
999,363 
1,025,263 
OFFICE OF THE INSPECTOR GENERAL 
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126 STAT. 2290 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4501. OTHER AUTHORIZATIONS 
(In Thousands of Dollars) 
Program Title 
FY 2013 
Request 
Conference 
Authorized 
OPERATION & MAINTENANCE ...............................................
272,821 
331,921 
DoD IG growth plan ......................................................
[59,100 
] 
RDT&E 
PROCUREMENT ..........................................................................
1,000 
1,000 
TOTAL OFFICE OF THE INSPECTOR GENERAL ....
273,821 
332,921 
TOTAL OTHER AUTHORIZATIONS .............................
37,228,008 
37,405,008 
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY 
OPERATIONS. 
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 
(In Thousands of Dollars) 
Program Title 
FY 2013 
Request 
Conference 
Authorized 
WORKING CAPITAL FUND, ARMY 
PREPOSITIONED WAR RESERVE STOCKS ....................................
42,600 
42,600 
TOTAL WORKING CAPITAL FUND, ARMY ........................
42,600 
42,600 
WORKING CAPITAL FUND, AIR FORCE 
C–17 CLS ENGINE REPAIR ...............................................................
230,400 
230,400 
TRANSPORTATION FALLEN HEROES ............................................
10,000 
10,000 
TOTAL WORKING CAPITAL FUND, AIR FORCE .............
240,400 
240,400 
WORKING CAPITAL FUND, DEFENSE-WIDE 
DEFENSE LOGISTICS AGENCY (DLA) ............................................
220,364 
220,364 
TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE ....
220,364 
220,364 
DEFENSE HEALTH PROGRAM 
IN-HOUSE CARE ..................................................................................
483,326 
483,326 
PRIVATE SECTOR CARE ....................................................................
376,982 
376,982 
CONSOLIDATED HEALTH SUPPORT ..............................................
111,675 
111,675 
INFORMATION MANAGEMENT .......................................................
4,773 
4,773 
MANAGEMENT ACTIVITIES .............................................................
660 
660 
EDUCATION AND TRAINING ...........................................................
15,370 
15,370 
BASE OPERATIONS/COMMUNICATIONS .......................................
1,112 
1,112 
TOTAL DEFENSE HEALTH PROGRAM ..............................
993,898 
993,898 
DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE ...........................................................................................
469,025 
469,025 
TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVI-
TIES, DEF ..................................................................................
469,025 
469,025 
OFFICE OF THE INSPECTOR GENERAL 
OPERATION & MAINTENANCE .......................................................
10,766 
10,766 
TOTAL OFFICE OF THE INSPECTOR GENERAL ............
10,766 
10,766 
TOTAL OTHER AUTHORIZATIONS .....................................
1,977,053 
1,977,053 
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126 STAT. 2291 
PUBLIC LAW 112–239—JAN. 2, 2013 
TITLE XLVI—MILITARY CONSTRUCTION 
SEC. 4601. MILITARY CONSTRUCTION. 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
Alaska 
Army 
Fort Wainwright 
Modified Record Fire Range .....................
10,400 
10,400 
Army 
Joint Base Elmen-
dorf-Richardson 
Modified Record Fire Range .....................
7,900 
7,900 
California 
Army 
Concord 
Engineering/Housing Maintenance Shop 
3,100 
3,100 
Army 
Concord 
Lightning Protection System ...................
5,800 
5,800 
Colorado 
Army 
Fort Carson 
Central Energy Plant ...............................
0 
0 
Army 
Fort Carson 
Digital Multipurpose Training Range .....
18,000 
18,000 
District of Columbia 
Army 
Fort Mcnair 
Vehicle Storage Building, Installation ....
7,200 
7,200 
Georgia 
Army 
Fort Benning 
Ground Source Heat Transfer System ....
16,000 
16,000 
Army 
Fort Gordon 
Ground Source Heat Transfer System ....
12,200 
12,200 
Army 
Fort Gordon 
Modified Record Fire Range .....................
4,000 
4,000 
Army 
Fort Gordon 
Multipurpose Machine Gun Range ..........
7,100 
7,100 
Army 
Fort Stewart 
Automated Combat Pistol Qual Crse ......
3,650 
3,650 
Army 
Fort Stewart 
Digital Multipurpose Training Range .....
22,000 
22,000 
Army 
Fort Stewart 
Unmanned Aerial Vehicle Complex ........
24,000 
24,000 
Hawaii 
Army 
Pohakuloa Train-
ing Area 
Automated 
Infantry 
Platoon 
Battle 
Course.
29,000 
29,000 
Army 
Schofield Bar-
racks 
Barracks ....................................................
55,000 
55,000 
Army 
Schofield Bar-
racks 
Barracks ....................................................
41,000 
41,000 
Army 
Wheeler Army Air 
Field 
Combat Aviation Brigade Barracks .........
85,000 
85,000 
Italy 
Army 
Camp Ederle 
Barracks ....................................................
36,000 
36,000 
Army 
Vicenza 
Simulations Center ...................................
32,000 
32,000 
Japan 
Army 
Okinawa 
Satellite Communications Facility ..........
78,000 
78,000 
Army 
Sagami 
Vehicle Maintenance Shop .......................
18,000 
18,000 
Kansas 
Army 
Fort Riley 
Unmanned Aerial Vehicle Complex ........
12,200 
12,200 
Kentucky 
Army 
Fort Campbell 
Battalion Headquarters Complex ............
55,000 
55,000 
Army 
Fort Campbell 
Live Fire Exercise Shoothouse .................
3,800 
3,800 
Army 
Fort Campbell 
Unmanned Aerial Vehicle Complex ........
23,000 
23,000 
Army 
Fort Knox 
Automated 
Infantry 
Squad 
Battle 
Course.
6,000 
6,000 
Korea 
Army 
Camp Humphreys 
Battalion Headquarters Complex ............
45,000 
45,000 
Kwajalein Atoll 
Army 
Kwajalein Atoll 
Pier .............................................................
0 
0 
Missouri 
Army 
Fort Leonard 
Wood 
Battalion Complex Facilities ....................
26,000 
26,000 
Army 
Fort Leonard 
Wood 
Trainee Barracks Complex 3, Ph 2 .........
58,000 
58,000 
Army 
Fort Leonard 
Wood 
Vehicle Maintenance Shop .......................
39,000 
39,000 
New Jersey 
Army 
Joint Base 
Mcguire-Dix- 
Lakehurst 
Flight Equipment Complex ......................
47,000 
47,000 
Army 
Picatinny Arsenal 
Ballistic Evaluation Center ......................
10,200 
10,200 
New York 
Army 
Fort Drum, New 
York 
Aircraft Maintenance Hangar ..................
95,000 
95,000 
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126 STAT. 2292 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
Army 
U.S. Military 
Academy 
Cadet Barracks, Inc 1 ...............................
192,000 
86,000 
North Carolina 
Army 
Fort Bragg 
Aerial Gunnery Range ..............................
42,000 
42,000 
Army 
Fort Bragg 
Infrastructure ............................................
30,000 
0 
Army 
Fort Bragg 
Unmanned Aerial Vehicle Complex ........
26,000 
26,000 
Oklahoma 
Army 
Fort Sill 
Modified Record Fire Range .....................
4,900 
4,900 
South Carolina 
Army 
Fort Jackson 
Trainee Barracks Complex 2, Ph 2 .........
24,000 
24,000 
Texas 
Army 
Corpus Christi 
Aircraft Component Maintenance Shop ..
13,200 
13,200 
Army 
Corpus Christi 
Aircraft Paint Shop ...................................
24,000 
24,000 
Army 
Fort Bliss 
Multipurpose Machine Gun Range ..........
7,200 
7,200 
Army 
Fort Hood 
Modified Record Fire Range .....................
4,200 
4,200 
Army 
Fort Hood 
Training Aids Center ................................
25,000 
25,000 
Army 
Fort Hood 
Unmanned Aerial Vehicle Complex ........
22,000 
22,000 
Army 
Joint Base San 
Antonio 
Barracks ....................................................
21,000 
21,000 
Virginia 
Army 
Arlington 
Cemetery Expansion Millennium Site ....
84,000 
0 
Army 
Fort Belvoir 
Secure Admin/Operations Facility ...........
94,000 
94,000 
Army 
Fort Lee 
Adv Individual Training Barracks Cplx, 
Ph2.
81,000 
81,000 
Washington 
Army 
Joint Base Lewis- 
Mcchord 
Battalion Complex ....................................
73,000 
73,000 
Army 
Joint Base Lewis- 
Mcchord 
Waste Water Treatment Plant ................
91,000 
91,000 
Army 
Yakima 
Convoy Live Fire Range ...........................
5,100 
5,100 
Worldwide Unspec-
ified 
Army 
Unspecified 
Worldwide Lo-
cations 
Host Nation Support Fy 13 ......................
34,000 
34,000 
Army 
Unspecified 
Worldwide Lo-
cations 
Minor Construction Fy 13 ........................
25,000 
25,000 
Army 
Unspecified 
Worldwide Lo-
cations 
Planning and Design Fy13 .......................
65,173 
46,173 
Total Military Construction, Army ..............................................................
1,923,323 
1,684,323 
Arizona 
Navy 
Yuma 
Combat Aircraft Loading Apron ..............
15,985 
15,985 
Navy 
Yuma 
Security Operations Complex ..................
13,300 
13,300 
Bahrain Island 
Navy 
Sw Asia 
Combined Dining Facility ........................
9,819 
9,819 
Navy 
Sw Asia 
Transient Quarters ...................................
41,529 
41,529 
California 
Navy 
Camp Pendleton 
Comm. Information Systems Ops Com-
plex.
78,897 
78,897 
Navy 
Camp Pendleton 
Mv22 Aviation Simulator Building .........
4,139 
4,139 
Navy 
Camp Pendleton 
San Jacinto Road Extension ....................
5,074 
5,074 
Navy 
Coronado 
Bachelor Quarters .....................................
76,063 
76,063 
Navy 
Coronado 
H–60s Simulator Training Facility .........
2,478 
2,478 
Navy 
Lemoore 
Bams Maintenance Training Facility ......
14,843 
0 
Navy 
Miramar 
Hangar 5 Renovations & Addition ..........
27,897 
27,897 
Navy 
Point Mugu 
Bams Maintenance Training Facility ......
0 
12,790 
Navy 
San Diego 
Entry Control Point (Gate Five) ..............
11,752 
11,752 
Navy 
San Diego 
Lcs Training Facility ................................
59,436 
59,436 
Navy 
Seal Beach 
Strategic Systems Weapons Eval. Test 
Lab.
30,594 
30,594 
Navy 
Twentynine 
Palms 
Land Expansion Phase 2 ..........................
47,270 
47,270 
Diego Garcia 
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126 STAT. 2293 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
Navy 
Diego Garcia 
Communications Infrastructure ..............
1,691 
1,691 
Djibouti 
Navy 
Camp Lemonnier 
Containerized Living and Work Units ....
7,510 
0 
Navy 
Camp Lemonnier 
Fitness Center ...........................................
26,960 
0 
Navy 
Camp Lemonnier 
Galley Addition and Warehouse ..............
22,220 
0 
Navy 
Camp Lemonnier 
Joint HQ/Joint Operations Center Facil-
ity.
42,730 
0 
Florida 
Navy 
Jacksonville 
Bams Mission Control Complex ...............
21,980 
21,980 
Greece 
Navy 
Souda Bay 
Aircraft Parking Apron Expansion ..........
20,493 
20,493 
Navy 
Souda Bay 
Intermodal Access Road ...........................
4,630 
4,630 
Guam 
Navy 
Joint Region Mar-
ianas 
North Ramp Parking (Andersen AFB)— 
Inc 2.
25,904 
25,904 
Hawaii 
Navy 
Kaneohe Bay 
Aircraft Staging Area ...............................
14,680 
14,680 
Navy 
Kaneohe Bay 
Mv–22 Hangar and Infrastructure ..........
82,630 
82,630 
Japan 
Navy 
Iwakuni 
Maintenance Hangar Improvements .......
5,722 
5,722 
Navy 
Iwakuni 
Vertical Take-Off and Landing Pad 
North.
7,416 
7,416 
Navy 
Okinawa 
Bachelor Quarters .....................................
8,206 
8,206 
Mississippi 
Navy 
Meridian 
Dining Facility ..........................................
10,926 
10,926 
New Jersey 
Navy 
Earle 
Combat System Engineering Building 
Addition.
33,498 
32,670 
North Carolina 
Navy 
Camp Lejeune 
Base Access and Road—Phase 3 .............
40,904 
40,904 
Navy 
Camp Lejeune 
Staff Nco Academy Facilities ...................
28,986 
28,986 
Navy 
Cherry Point Ma-
rine Corps Air 
Station 
Armory .......................................................
11,581 
11,581 
Navy 
Cherry Point Ma-
rine Corps Air 
Station 
Marine Air Support Squadron Com-
pound.
34,310 
34,310 
Navy 
New River 
Personnel Administration Center ............
8,525 
8,525 
Romania 
Navy 
Deveselu, Roma-
nia 
Aegis Ashore Missile Defense Complex ..
45,205 
45,205 
South Carolina 
Navy 
Beaufort 
Aircraft Maintenance Hangar ..................
42,010 
42,010 
Navy 
Beaufort 
Airfield Security Upgrades .......................
13,675 
13,675 
Navy 
Beaufort 
Ground Support Equipment Shop ...........
9,465 
9,465 
Navy 
Beaufort 
Recycling/Hazardous Waste Facility .......
3,743 
3,743 
Navy 
Beaufort 
Simulated Lhd Flight Deck ......................
12,887 
12,887 
Navy 
Parris Island 
Front Gate Atfp Improvements ...............
10,135 
10,135 
Spain 
Navy 
Rota 
General Purpose Warehouse ....................
3,378 
3,378 
Navy 
Rota 
High Explosive Magazine .........................
13,837 
13,837 
Virginia 
Navy 
Dahlgren 
Cruiser/Destroyer Upgrade Training Fa-
cility.
16,494 
16,494 
Navy 
Dahlgren 
Physical Fitness Center ............................
11,734 
11,734 
Navy 
Oceana Naval Air 
Station 
A School Barracks .....................................
39,086 
39,086 
Navy 
Portsmouth 
Drydock 8 Electrical Distribution Up-
grade.
32,706 
32,706 
Navy 
Quantico 
Infrastruture—Widen Russell Road ........
14,826 
14,826 
Navy 
Quantico 
The Basic School Student Quarters— 
Phase 7.
31,012 
31,012 
Navy 
Quantico 
Weapons Training Battalion Mess Hall ..
12,876 
12,876 
Navy 
Yorktown 
Armory .......................................................
4,259 
4,259 
Navy 
Yorktown 
Bachelor Enlisted Quarters .....................
18,422 
18,422 
Navy 
Yorktown 
Motor Transportation Facility .................
6,188 
6,188 
Navy 
Yorktown 
Regimental Headquarters ........................
11,015 
11,015 
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126 STAT. 2294 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
Navy 
Yorktown 
Supply Warehouse Facility ......................
8,939 
8,939 
Washington 
Navy 
Kitsap 
Explosives Handling Wharf #2 (Inc) .......
280,041 
254,241 
Navy 
Whidbey Island 
Ea–18g Flight Simulator Facility ............
6,272 
6,272 
Worldwide Unspec-
ified 
Navy 
Unspecified 
Worldwide Lo-
cations 
Mcon Design Funds ..................................
102,619 
102,619 
Navy 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
16,535 
16,535 
Navy 
Various World-
wide Locations 
Bams Operational Facilities ....................
34,048 
34,048 
Total Military Construction, Navy ..............................................................
1,701,985 
1,573,884 
Arkansas 
AF 
Little Rock AFB 
C–130J Flight Simulator Addition ..........
4,178 
4,178 
AF 
Little Rock AFB 
C–130J 
Fuel 
Systems 
Maintenance 
Hangar.
26,000 
26,000 
Florida 
AF 
Tyndall AFB 
F–22 Adal Hangar for Low Observable/ 
Composite.
14,750 
14,750 
Georgia 
AF 
Fort Stewart, 
Georgia 
Air Support Operations Center (ASOC) ..
7,250 
7,250 
AF 
Moody AFB 
HC–130J Simulator Facility ....................
8,500 
8,500 
Greenland 
AF 
Thule Ab 
Consolidated Engineer Shop and Supply 
Facility.
0 
0 
AF 
Thule Ab 
Dormitory (48 Pn) .....................................
24,500 
24,500 
Guam 
AF 
Andersen AFB 
Fuel Systems Hangar ...............................
0 
0 
Italy 
AF 
Aviano Ab 
F–16 Mission Training Center .................
9,400 
9,400 
Nebraska 
AF 
Offutt AFB 
US STRATCOM Replacement Facility, 
Incr 2.
161,000 
128,000 
New Mexico 
AF 
Holloman AFB 
Mq–9 Maintenance Hangar .....................
25,000 
25,000 
North Dakota 
AF 
Minot AFB 
B–52 Add/Alter Munitions Age Facility ..
4,600 
4,600 
Texas 
AF 
Joint Base San 
Antonio 
Dormitory (144 Rm) ..................................
18,000 
18,000 
Utah 
AF 
Hill AFB 
F–35 Adal Building 118 for Flight Simu-
lator.
4,000 
4,000 
AF 
Hill AFB 
F–35 Adal Hangar 45w/AMU ..................
7,250 
7,250 
AF 
Hill AFB 
F–35 Modular Storage Magazines ...........
2,280 
2,280 
Worldwide Unspec-
ified 
AF 
Lajes AFB 
Sanitary Sewer Lift/Pump Station ..........
2,000 
2,000 
AF 
Rota 
Transient Aircraft Hangars .....................
15,032 
0 
AF 
Rota 
Transient Contingency Dormitory—100 
Rm.
17,625 
0 
AF 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
18,635 
18,635 
AF 
Various World-
wide Locations 
Unspecified Minor Construction ..............
18,200 
18,200 
Total Military Construction, Air Force ......................................................
388,200 
322,543 
Arizona 
Def-Wide 
Marana 
SOF Parachute Training Facility ............
6,477 
6,477 
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126 STAT. 2295 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
Def-Wide 
Yuma 
Truck Unload Facility ..............................
1,300 
1,300 
Belgium 
Def-Wide 
Brussels 
NATO Headquarters Facility ...................
26,969 
26,969 
California 
Def-Wide 
Coronado 
SOF Close Quarters Combat/Dynamic 
Shoot Fac.
13,969 
13,969 
Def-Wide 
Coronado 
SOF Indoor Dynamic Shooting Facility ..
31,170 
31,170 
Def-Wide 
Coronado 
SOF Mobile Comm Detachment Support 
Facility.
10,120 
10,120 
Def-Wide 
Def Fuel Support 
Point—San 
Diego 
Replace Fuel Pier ......................................
91,563 
91,563 
Def-Wide 
Edwards Air 
Force Base 
Replace Fuel Storage ................................
27,500 
27,500 
Def-Wide 
Twentynine 
Palms, Cali-
fornia 
Medical Clinic Replacement .....................
27,400 
27,400 
Colorado 
Def-Wide 
Buckley Air Force 
Base 
Denver Power House ................................
30,000 
30,000 
Def-Wide 
Fort Carson, Colo-
rado 
SOF Battalion Operations Complex ........
56,673 
56,673 
Def-Wide 
Pikes Peak 
High Altitude Medical Research Lab ......
3,600 
3,600 
Delaware 
Def-Wide 
Dover AFB 
Replace Truck Off-Load Facility ..............
2,000 
2,000 
Florida 
Def-Wide 
Eglin AFB 
SOF Avfid Ops and Maintenance Facili-
ties.
41,695 
41,695 
Def-Wide 
Hurlburt Field 
Construct Fuel Storage Facility ...............
16,000 
16,000 
Def-Wide 
Macdill AFB 
SOF Joint Special Ops University Fac 
(Jsou).
34,409 
34,409 
Germany 
Def-Wide 
Rhine Ordnance 
Barracks 
Medical Center Replacement Incr 2 ........
127,000 
127,000 
Def-Wide 
Stuttgart-Patch 
Barracks 
DISA Europe Facility Upgrades ..............
2,413 
2,413 
Def-Wide 
Vogelweh 
Replace Vogelweh Elementary School .....
61,415 
61,415 
Def-Wide 
Weisbaden 
Weisbaden High School Addition ............
52,178 
52,178 
Guam 
Def-Wide 
Andersen AFB 
Upgrade Fuel Pipeline ..............................
67,500 
67,500 
Guantanamo Bay, 
Cuba 
Def-Wide 
Guantanamo Bay 
Replace Fuel Pier ......................................
37,600 
37,600 
Def-Wide 
Guantanamo Bay 
Replace Truck Load Facility ....................
2,600 
2,600 
Hawaii 
Def-Wide 
Joint Base Pearl 
Harbor-Hickam 
SOF Sdvt–1 Waterfront Operations Fa-
cility.
24,289 
24,289 
Illinois 
Def-Wide 
Great Lakes 
Drug Laboratory Replacement .................
28,700 
28,700 
Def-Wide 
Scott AFB 
DISA Facility Upgrades ...........................
84,111 
84,111 
Def-Wide 
Scott AFB 
Medical Logistics Warehouse ...................
2,600 
2,600 
Indiana 
Def-Wide 
Grissom ARB 
Replace Hydrant Fuel System .................
26,800 
26,800 
Japan 
Def-Wide 
Camp Zama 
Renovate Zama High School ....................
13,273 
13,273 
Def-Wide 
Kadena Ab 
Replace Elementary School ......................
71,772 
71,772 
Def-Wide 
Kadena Ab 
Replace Stearley Heights Elementary 
School.
71,773 
71,773 
Def-Wide 
Sasebo 
Replace Sasebo Elementary School .........
35,733 
35,733 
Def-Wide 
Zukeran 
Replace Zukeran Elementary School ......
79,036 
79,036 
Kentucky 
Def-Wide 
Fort Campbell, 
Kentucky 
Replace Barkley Elementary School .......
41,767 
41,767 
Def-Wide 
Fort Campbell, 
Kentucky 
SOF Ground Support Battalion ...............
26,313 
26,313 
Def-Wide 
Fort Campbell, 
Kentucky 
SOF Landgraf Hangar Extension ............
3,559 
3,559 
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126 STAT. 2296 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
Korea 
Def-Wide 
Kunsan Air Base 
Medical/Dental Clinic Addition ................
13,000 
13,000 
Def-Wide 
Osan AFB 
Hospital Addition/Alteration ....................
34,600 
34,600 
Def-Wide 
Osan AFB 
Replace Osan Elementary School ............
42,692 
42,692 
Louisiana 
Def-Wide 
Barksdale AFB 
Upgrade Pumphouse .................................
11,700 
11,700 
Maryland 
Def-Wide 
Annapolis 
Health Clinic Replacement ......................
66,500 
66,500 
Def-Wide 
Bethesda Naval 
Hospital 
Base 
Installation 
Access./Appearance 
Plan.
7,000 
7,000 
Def-Wide 
Bethesda Naval 
Hospital 
Electrical Capacity and Cooling Towers
35,600 
35,600 
Def-Wide 
Bethesda Naval 
Hospital 
Temporary Medical Facilities ..................
26,600 
26,600 
Def-Wide 
Fort Detrick 
USAMRIID Stage I, Incr 7 .......................
19,000 
19,000 
Def-Wide 
Fort Meade 
High Performance Computing Center Inc 
2.
300,521 
225,521 
Def-Wide 
Fort Meade 
NSAW Recapitalize Building #1/Site M 
Inc 1.
25,000 
25,000 
Missouri 
Def-Wide 
Fort Leonard 
Wood 
Dental Clinic .............................................
18,100 
18,100 
New Mexico 
Def-Wide 
Cannon AFB 
Medical/Dental Clinic Repalcement ........
71,023 
71,023 
Def-Wide 
Cannon AFB 
SOF Ac–130J Combat Parking Apron .....
22,062 
22,062 
New York 
Def-Wide 
Fort Drum, New 
York 
Idt Complex ...............................................
25,900 
25,900 
Def-Wide 
Fort Drum, New 
York 
Soldier Specialty Care Clinic ...................
17,300 
17,300 
North Carolina 
Def-Wide 
Camp Lejeune, 
North Carolina 
Medical Clinic Replacement .....................
21,200 
21,200 
Def-Wide 
Camp Lejeune, 
North Carolina 
SOF Marine Battalion Company/Team 
Facilities.
53,399 
53,399 
Def-Wide 
Camp Lejeune, 
North Carolina 
SOF Survival Evasion Resist. Escape 
Tng Fac.
5,465 
5,465 
Def-Wide 
Fort Bragg 
SOF Battalion Operations Facility ..........
40,481 
70,481 
Def-Wide 
Fort Bragg 
SOF Civil Affairs Battalion Complex ......
31,373 
31,373 
Def-Wide 
Fort Bragg 
SOF Support Addition ..............................
3,875 
3,875 
Def-Wide 
Fort Bragg 
SOF Sustainment Brigade Complex .......
24,693 
24,693 
Def-Wide 
Seymour Johnson 
AFB 
Medical Clinic Replacement .....................
53,600 
53,600 
Def-Wide 
Seymour Johnson 
AFB 
Replace Pipeline ........................................
1,850 
1,850 
Pennsylvania 
Def-Wide 
Def Distribution 
Depot New 
Cumberland 
Replace Communications Building ..........
6,800 
6,800 
Def-Wide 
Def Distribution 
Depot New 
Cumberland 
Replace Reservoir ......................................
4,300 
4,300 
Def-Wide 
Def Distribution 
Depot New 
Cumberland 
Replace Sewage Treatment Plant ............
6,300 
6,300 
Romania 
Def-Wide 
Deveselu, Roma-
nia 
Aegis Ashore Missile Defense System 
Complex (Inc 1).
157,900 
120,000 
South Carolina 
Def-Wide 
Shaw AFB 
Medical Clinic Replacement .....................
57,200 
57,200 
Texas 
Def-Wide 
Fort Bliss 
Hospital Replacement Incr 4 ...................
207,400 
132,400 
Def-Wide 
Joint Base San 
Antonio 
Ambulatory Care Center Phase 3 Incr ...
80,700 
26,400 
Def-Wide 
Red River Army 
Depot 
Dfas Facility ..............................................
16,715 
16,715 
United Kingdom 
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126 STAT. 2297 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
Def-Wide 
Menwith Hill Sta-
tion 
Mhs Utilities and Roads ...........................
3,795 
3,795 
Def-Wide 
Menwith Hill Sta-
tion 
Replace Menwith Hill Elementary/High 
School.
46,488 
46,488 
Def-Wide 
Raf Feltwell 
Feltwell Elementary School Addition ......
30,811 
30,811 
Def-Wide 
Raf Mildenhall 
SOF CV–22 Simulator Facility ................
6,490 
6,490 
Utah 
Def-Wide 
Camp Williams 
Ic Cnci Data Center 1 Inc 4 .....................
191,414 
191,414 
Virginia 
Def-Wide 
Dam Neck 
SOF Magazines .........................................
0 
0 
Def-Wide 
Joint Expedi-
tionary Base 
Little Creek— 
Story 
SOF Combat Services Support Facility— 
East.
11,132 
11,132 
Def-Wide 
Norfolk 
Veterinary Facility Replacement .............
8,500 
8,500 
Washington 
Def-Wide 
Fort Lewis 
SOF Battalion Operations Facility ..........
46,553 
46,553 
Def-Wide 
Fort Lewis 
SOF Military Working Dog Kennel .........
3,967 
3,967 
Worldwide Unspec-
ified 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Contingency Construction ........................
10,000 
0 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Energy Conservation Investment Pro-
gram.
150,000 
150,000 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Exercise Related Minor Construction .....
6,440 
6,440 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Minor Construction ...................................
5,000 
5,000 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning & Design ....................................
5,000 
5,000 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
105,700 
105,700 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
47,978 
47,978 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
7,928 
7,928 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
105,569 
105,569 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
2,919 
2,919 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
8,300 
8,300 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
27,620 
27,620 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
4,548 
4,548 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
SOF Operations and Skills Training 
Complex.
0 
0 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Const ..........................
10,000 
10,000 
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126 STAT. 2298 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
3,000 
3,000 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
7,254 
7,254 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
4,091 
4,091 
Def-Wide 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Milcon ........................
3,000 
3,000 
Total Military Construction, Defense-Wide ..............................................
3,654,623 
3,432,423 
Colorado 
Chem Demil 
Pueblo Depot 
Ammunition Demilitarization Facility, 
Ph Xiv.
36,000 
36,000 
Kentucky 
Chem Demil 
Blue Grass Army 
Depot 
Ammunition Demilitarization Ph Xiii .....
115,000 
115,000 
Total Chemical Demilitarization Construction, Defense ......................
151,000 
151,000 
Worldwide Unspec-
ified 
NATO 
NATO Security 
Investment Pro-
gram 
NATO Security Investment Program ......
254,163 
254,163 
Total NATO Security Investment Program ...............................................
254,163 
254,163 
Alabama 
Army NG 
Fort MC Clellan 
Live Fire Shoot House ..............................
5,400 
5,400 
Arkansas 
Army NG 
Searcy 
Field Maintenance Shop ...........................
6,800 
6,800 
California 
Army NG 
Fort Irwin 
Maneuver Area Training & Equipment 
Site Ph3.
25,000 
25,000 
Connecticut 
Army NG 
Camp Hartell 
Combined Support Maintenance Shop ....
32,000 
32,000 
Delaware 
Army NG 
Bethany Beach 
Regional Training Institute Ph1 ..............
5,500 
5,500 
Florida 
Army NG 
Camp Blanding 
Combined Arms Collective Training Fac 
9,000 
9,000 
Army NG 
Miramar 
Readiness Center ......................................
20,000 
20,000 
Guam 
Army NG 
Barrigada 
JFHQ Ph4 ..................................................
8,500 
8,500 
Hawaii 
Army NG 
Kapolei 
Army Aviation Support Facility Ph1 .......
28,000 
28,000 
Idaho 
Army NG 
Orchard Trainig 
Area 
Ortc(Barracks)Ph2 ....................................
40,000 
40,000 
Indiana 
Army NG 
South Bend 
Armed Forces Reserve Center Add/Alt ...
21,000 
21,000 
Army NG 
Terre Haute 
Field Maintenance Shop ...........................
9,000 
9,000 
Iowa 
Army NG 
Camp Dodge 
Urban Assault Course ..............................
3,000 
3,000 
Kansas 
Army NG 
Topeka 
Taxiway, Ramp & Hangar Alterations ...
9,500 
9,500 
Kentucky 
Army NG 
Frankfort 
Army Aviation Support Facility ..............
32,000 
32,000 
Massachusetts 
Army NG 
Camp Edwards 
Ground Water Extraction, Treatment, 
and Recharge System.
0 
0 
Army NG 
Camp Edwards 
Unit Training Equipment Site .................
22,000 
22,000 
Michigan 
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126 STAT. 2299 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
Army NG 
Camp Grayling 
Operational Readiness Training Com-
plex (Ortc) Barracks.
0 
0 
Minnesota 
Army NG 
Arden Hills 
Readiness Center ......................................
0 
17,000 
Army NG 
Camp Ripley 
Scout Reconnaisance Range .....................
17,000 
17,000 
Army NG 
St Paul 
Readiness Center ......................................
17,000 
0 
Missouri 
Army NG 
Fort Leonard 
Wood 
Regional Training Institute .....................
18,000 
18,000 
Army NG 
Kansas City 
Readiness Center Add/Alt ........................
1,900 
1,900 
Army NG 
Monett 
Readiness Center Add/Alt ........................
820 
820 
Army NG 
Perryville 
Readiness Center Add/Alt ........................
700 
700 
Montana 
Army NG 
Miles City 
Readiness Center ......................................
11,000 
11,000 
New Jersey 
Army NG 
Sea Girt 
Regional Training Institute .....................
34,000 
34,000 
New York 
Army NG 
Stormville 
Combined Support Maint Shop Ph1 ........
24,000 
24,000 
Ohio 
Army NG 
Chillicothe 
Field Maintenance Shop Add/Alt .............
3,100 
3,100 
Army NG 
Delaware 
Readiness Center ......................................
12,000 
12,000 
Oklahoma 
Army NG 
Camp Gruber 
Operations Readiness Training Complex 
25,000 
25,000 
Puerto Rico 
Army NG 
Camp Santiago 
Readiness Center ......................................
3,800 
3,800 
Army NG 
Ceiba 
Refill Station Building ..............................
2,200 
2,200 
Army NG 
Guaynabo 
Readiness Center (JFHQ) ........................
15,000 
15,000 
Army NG 
Gurabo 
Readiness Center ......................................
14,700 
14,700 
Utah 
Army NG 
Camp Williams 
BEQ Facility (Regional Training Insti-
tute).
15,000 
15,000 
Army NG 
Camp Williams 
Regional Training Institute Ph2 ..............
21,000 
21,000 
Vermont 
Army NG 
North Hyde Park 
Field Maintenance Shop ...........................
0 
0 
Washington 
Army NG 
Fort Lewis 
Readiness Center ......................................
35,000 
35,000 
West Virginia 
Army NG 
Logan 
Readiness Center ......................................
14,200 
14,200 
Wisconsin 
Army NG 
Wausau 
Field Maintenance Shop ...........................
10,000 
10,000 
Worldwide Unspec-
ified 
Army NG 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
26,622 
26,622 
Army NG 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
15,057 
15,057 
Total Military Construction, Army National Guard ...............................
613,799 
613,799 
California 
Army Res 
Fort Hunter 
Liggett 
Access Control Point .................................
0 
0 
Army Res 
Fort Hunter 
Liggett 
Ortc ............................................................
64,000 
64,000 
Army Res 
Fort Hunter 
Liggett 
Uph Barracks ............................................
4,300 
4,300 
Army Res 
Tustin 
Army Reserve Center ...............................
27,000 
27,000 
Illinois 
Army Res 
Fort Sheridan 
Army Reserve Center ...............................
28,000 
28,000 
Maryland 
Army Res 
Aberdeen Proving 
Ground 
Army Reserve Center ...............................
21,000 
21,000 
Army Res 
Baltimore 
Add/Alt Army Reserve Center .................
10,000 
10,000 
Massachusetts 
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126 STAT. 2300 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
Army Res 
Devens Reserve 
Forces Training 
Area 
Automatic Record Fire Range ..................
4,800 
4,800 
Army Res 
Devens Reserve 
Forces Training 
Area 
Combat Pistol/MP Firearms Qualifica-
tion.
3,700 
3,700 
Nevada 
Army Res 
Las Vegas 
Army Reserve Center/AMSA ...................
21,000 
21,000 
New Jersey 
Army Res 
Joint Base 
Mcguire-Dix- 
Lakehurst 
Automated 
Infantry 
Squad 
Battle 
Course.
7,400 
7,400 
Pennsylvania 
Army Res 
Conneaut Lake 
Defense Access Road .................................
0 
0 
Washington 
Army Res 
Joint Base Lewis- 
Mcchord 
Army Reserve Center ...............................
40,000 
40,000 
Wisconsin 
Army Res 
Fort Mccoy 
Central Issue Facility ...............................
12,200 
12,200 
Army Res 
Fort Mccoy 
Dining Facility ..........................................
8,600 
8,600 
Army Res 
Fort Mccoy 
Ecs 
Tactical 
Equip. 
Maint. 
Facilty 
(Temf).
27,000 
27,000 
Worldwide Unspec-
ified 
Army Res 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
15,951 
15,951 
Army Res 
Unspecified 
Worldwide Lo-
cations 
Unspecified Minor Construction ..............
10,895 
10,895 
Total Military Construction, Army Reserve .............................................
305,846 
305,846 
Arizona 
N/MC Res 
Yuma 
Reserve Training Facility—Yuma AZ .....
5,379 
5,379 
Iowa 
N/MC Res 
Fort Des Moines 
Joint Reserve Center—Des Moines IA ....
19,162 
19,162 
Louisiana 
N/MC Res 
New Orleans 
Transient Quarters ...................................
7,187 
7,187 
New York 
N/MC Res 
Brooklyn 
Vehicle Maint. Fac.—Brooklyn NY .........
4,430 
4,430 
Texas 
N/MC Res 
Fort Worth 
Commercial Vehicle Inspection Site ........
11,256 
11,256 
Worldwide Unspec-
ified 
N/MC Res 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
2,118 
2,118 
Total Military Construction, Naval Reserve .............................................
49,532 
49,532 
California 
Air NG 
Fresno Yosemite 
IAP ANG 
F–15 Conversion .......................................
11,000 
11,000 
Hawaii 
Air NG 
Joint Base Pearl 
Harbor-Hickam 
TFI—F–22 Combat Apron Addition ........
6,500 
6,500 
New Mexico 
Air NG 
Kirtland AFB 
Alter Target Intelligence Facility ............
8,500 
8,500 
Tennessee 
Air NG 
Mcghee-Tyson 
Airport 
Dormitory Classroom Facility ..................
0 
0 
Worldwide Unspec-
ified 
Air NG 
Various World-
wide Locations 
Planning and Design ................................
4,000 
4,000 
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126 STAT. 2301 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
Air NG 
Various World-
wide Locations 
Unspecified Minor Construction ..............
5,900 
5,900 
Wyoming 
Air NG 
Cheyenne Map 
C–130 Flight Simulator Training Facil-
ity.
6,486 
6,486 
Total Military Construction, Air National Guard ...................................
42,386 
42,386 
California 
AF Res 
March Air Re-
serve Base 
Joint Regional Deployment Processing 
Center.
0 
0 
New York 
AF Res 
Niagara Falls IAP 
Flight Simulator Facility ..........................
6,100 
6,100 
Worldwide Unspec-
ified 
AF Res 
Various World-
wide Locations 
Planning and Design ................................
2,879 
2,879 
AF Res 
Various World-
wide Locations 
Unspecified Minor Constrution ................
2,000 
2,000 
Total Military Construction, Air Force Reserve ......................................
10,979 
10,979 
Worldwide Unspec-
ified 
FH Con Army 
Unspecified 
Worldwide Lo-
cations 
Family Housing P&d ................................
4,641 
4,641 
Total Family Housing Construction, Army ...............................................
4,641 
4,641 
Worldwide Unspec-
ified 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Furnishings Account .................................
31,785 
31,785 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Leasing .......................................................
203,533 
203,533 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Maintenance of Real Property .................
109,534 
109,534 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Management Account ...............................
56,970 
56,970 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Miscellaneous Account ..............................
620 
620 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Privatization Support Costs .....................
26,010 
26,010 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Services Account .......................................
13,487 
13,487 
FH Ops Army 
Unspecified 
Worldwide Lo-
cations 
Utilities Account .......................................
88,112 
88,112 
Total Family Housing Operation And Maintenance, Army ..................
530,051 
530,051 
Worldwide Unspec-
ified 
FH Con AF 
Unspecified 
Worldwide Lo-
cations 
Improvements ............................................
79,571 
79,571 
FH Con AF 
Unspecified 
Worldwide Lo-
cations 
Planning and Design ................................
4,253 
4,253 
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126 STAT. 2302 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
Total Family Housing Construction, Air Force .......................................
83,824 
83,824 
Worldwide Unspec-
ified 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Furnishings Account .................................
37,878 
37,878 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Housing Privatization ...............................
46,127 
46,127 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Leasing .......................................................
62,730 
62,730 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Maintenance (Rpma Rpmc) ......................
201,937 
201,937 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Management Account ...............................
55,002 
55,002 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Miscellaneous Account ..............................
1,943 
1,943 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Services Account .......................................
16,550 
16,550 
FH Ops AF 
Unspecified 
Worldwide Lo-
cations 
Utilities Account .......................................
75,662 
75,662 
Total Family Housing Operation And Maintenance, Air Force ...........
497,829 
497,829 
Worldwide Unspec-
ified 
FH Con Navy 
Unspecified 
Worldwide Lo-
cations 
Design ........................................................
4,527 
4,527 
FH Con Navy 
Unspecified 
Worldwide Lo-
cations 
Improvements ............................................
97,655 
97,655 
Total Family Housing Construction, Navy And Marine Corps ............
102,182 
102,182 
Worldwide Unspec-
ified 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Furnishings Account .................................
17,697 
17,697 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Leasing .......................................................
83,774 
83,774 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Maintenance of Real Property .................
85,254 
85,254 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Management Account ...............................
62,741 
62,741 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Miscellaneous Account ..............................
491 
491 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Privatization Support Costs .....................
27,798 
27,798 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Services Account .......................................
19,615 
19,615 
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126 STAT. 2303 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
FH Ops Navy 
Unspecified 
Worldwide Lo-
cations 
Utilities Account .......................................
80,860 
80,860 
Total Family Housing Operation And Maintenance, Navy And Ma-
rine Corps.
378,230 
378,230 
Worldwide Unspec-
ified 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Furnishings Account .................................
20 
20 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Furnishings Account .................................
4,660 
4,660 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Furnishings Account .................................
66 
66 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Leasing .......................................................
10,822 
10,822 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Leasing .......................................................
35,333 
35,333 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Maintenance of Real Property .................
73 
73 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Maintenance of Real Property .................
567 
567 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Management Account ...............................
371 
371 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Services Account .......................................
31 
31 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Utilities Account .......................................
12 
12 
FH Ops DW 
Unspecified 
Worldwide Lo-
cations 
Utilities Account .......................................
283 
283 
Total Family Housing Operation And Maintenance, Defense-Wide ...
52,238 
52,238 
Worldwide Unspec-
ified 
FHIF 
Unspecified 
Worldwide Lo-
cations 
Family Housing Improvement Fund .......
1,786 
1,786 
Total DOD Family Housing Improvement Fund ......................................
1,786 
1,786 
Worldwide Unspec-
ified 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Comm Add 3: Galena Fol, AK .................
1,337 
1,337 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Don–100: Planing, Design and Manage-
ment.
5,038 
5,038 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Don–101: Various Locations ....................
4,176 
4,176 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Don–138: NAS Brunswick, ME ................
4,897 
4,897 
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126 STAT. 2304 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Don–157: Mcsa Kansas City, MO ............
39 
39 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Don–168: Ns Newport, RI ........................
1,742 
1,742 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Don–172: NWS Seal Beach, Concord, CA 
2,129 
2,129 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Don–84: JRB Willow Grove & Cambria 
Reg Ap.
189 
189 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Ind–106: 
Kansas 
Army 
Ammunition 
Plant, KS.
7,280 
7,280 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Ind–110: Mississippi Army Ammo Plant, 
MS.
160 
160 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Ind–112: River Bank Army Ammo Plant, 
CA.
22,431 
22,431 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Ind–119: Newport Chemical Depot, IN ...
197 
197 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Ind–122: Lone Star Army Ammo Plant, 
TX.
11,379 
11,379 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Med–2: Walter Reed Nmmc, Bethesda, 
MD.
7,787 
7,787 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Med–57: Brooks City Base, TX ................
326 
326 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Program Management Various Locations 
605 
605 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Program Management Various Locations 
20,453 
20,453 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Usa–113: Fort Monroe, VA ......................
12,184 
12,184 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Usa–121: Fort Gillem, GA ........................
4,976 
4,976 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Usa–167: USAR Command and Con-
trol—NE.
175 
175 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Usa–212: USAR Cmd & Cntrl—New 
England.
222 
222 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Usa–222: Fort Mcpherson, GA .................
6,772 
6,772 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Usa–223: Fort Monmouth, NJ .................
9,989 
9,989 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Usa–236: Rc Transformation in CT .........
557 
557 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Usa–242: Rc Transformation in NY ........
172 
172 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Usa–253: Rc Transformation in PA .........
100 
100 
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126 STAT. 2305 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4601. MILITARY CONSTRUCTION 
(In Thousands of Dollars) 
Account 
State/Country and 
Installation 
Project Title 
FY 2013 
Request 
Conference 
Authorized 
BRAC 05 
Unspecified 
Worldwide Lo-
cations 
Usa–36: Red River Army Depot ...............
1,385 
1,385 
Total Base Realignment and Closure Account 2005 ...............................
126,697 
126,697 
Worldwide Unspec-
ified 
BRAC IV 
Base Realignment 
& Closure, Air 
Force 
Base Realignment & Closure ...................
122,552 
122,552 
BRAC IV 
Base Realignment 
& Closure, 
Army 
Base Realignment & Closure ...................
79,893 
79,893 
BRAC IV 
Base Realignment 
& Closure, 
Navy 
Base Realignment & Closure ...................
146,951 
146,951 
Total Base Realignment and Closure Account 1990 ...............................
349,396 
349,396 
Worldwide Unspec-
ified 
PYS 
Unspecified 
Worldwide Lo-
cations 
BRAC 2005 ................................................
0 
–132,513 
PYS 
Unspecified 
Worldwide Lo-
cations 
Contingency Construction ........................
0 
–20,000 
Total Prior Year Savings ...............................................................................
0 
–152,513 
Worldwide Unspec-
ified 
GR 
Unspecified 
Worldwide Lo-
cations 
Civilian Pay Raise Reduction ..................
0 
–2,334 
Total General Reductions ..............................................................................
0 
–2,334 
Total Military Construction, Base Funding ..............................................
11,222,710 
10,412,905 
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY 
OPERATIONS. 
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS 
(In Thousands of Dollars) 
Service 
Country and Location 
Project 
FY 2013 
Request 
Conference 
Authorized 
Navy 
Sw Asia ...........................
Combined Dining Facility ..............................
0 
0 
Navy 
Sw Asia ...........................
Transient Quarters .........................................
0 
0 
Navy 
Camp Lemonier, 
Djibouti.
Containerized Living and Work Units ..........
0 
7,510 
Navy 
Camp Lemonier, 
Djibouti.
Fitness Center .................................................
0 
26,960 
Navy 
Camp Lemonier, 
Djibouti.
Galley Addition and Warehouse ....................
0 
22,220 
Navy 
Camp Lemonier, 
Djibouti.
Joint HQ/Joint Operations Center Facility ..
0 
42,730 
Total Military Construction, Navy ................................................................
0 
99,420 
PYS 
Unspecified Worldwide 
Locations.
112–10 and Title Iv of Division H P.l. 112– 
74.
0 
–150,768 
Total Prior Year Savings .................................................................................
0 
–150,768 
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126 STAT. 2306 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS 
(In Thousands of Dollars) 
Service 
Country and Location 
Project 
FY 2013 
Request 
Conference 
Authorized 
Total Military Construction, OCO Funding ................................................
0 
–51,348 
TITLE XLVII—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2013 
Request 
Conference 
Authorized 
Discretionary Summary By Appropriation 
Energy And Water Development, And Related Agencies 
Appropriation Summary: 
Energy Programs 
Electricity delivery and energy reliability ...................
6,000 
0 
Atomic Energy Defense Activities 
National nuclear security administration: 
Weapons activities ..................................................
7,577,341 
7,657,921 
Defense nuclear nonproliferation ..........................
2,458,631 
2,485,631 
Naval reactors .........................................................
1,088,635 
1,088,635 
Office of the administrator .....................................
411,279 
382,000 
Total, National nuclear security administration 
11,535,886 
11,614,187 
Environmental and other defense activities: 
Defense environmental cleanup .............................
5,472,001 
5,009,001 
Other defense activities ..........................................
735,702 
731,299 
Total, Environmental & other defense activities 
6,207,703 
5,740,300 
Total, Atomic Energy Defense Activities .....................
17,743,589 
17,354,487 
Total, Discretionary Funding .......................................................
17,749,589 
17,354,487 
Electricity Delivery & Energy Reliability 
Electricity Delivery & Energy Reliability 
Infrastructure security & energy restoration .....................
6,000 
0 
Weapons Activities 
Directed stockpile work 
Life extension programs 
B61 Life extension program ..........................................
369,000 
369,000 
W76 Life extension program .........................................
174,931 
219,931 
Total, Life extension programs ......................................
543,931 
588,931 
Stockpile assessment and design 
W78 Life extension study ..............................................
0 
W88 Alt 370 ....................................................................
0 
Total, Stockpile assessment and design ......................
0 
0 
Stockpile systems 
Stockpile systems ...........................................................
0 
B61 Stockpile systems ...................................................
72,364 
72,364 
W76 Stockpile systems ..................................................
65,445 
65,445 
W78 Stockpile systems ..................................................
139,207 
139,207 
W80 Stockpile systems ..................................................
46,540 
46,540 
B83 Stockpile systems ...................................................
57,947 
57,947 
W87 Stockpile systems ..................................................
85,689 
85,689 
W88 Stockpile systems ..................................................
123,217 
123,217 
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126 STAT. 2307 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2013 
Request 
Conference 
Authorized 
Total, Stockpile systems ...................................................
590,409 
590,409 
Weapons dismantlement and disposition 
Operations and maintenance ........................................
51,265 
51,265 
Stockpile services 
Production support .........................................................
365,405 
371,405 
Research and development support ..............................
28,103 
28,103 
R&D certification and safety .........................................
191,632 
199,632 
Management, technology, and production ...................
175,844 
175,844 
Plutonium sustainment .................................................
141,685 
141,685 
Total, Stockpile services ..................................................
902,669 
916,669 
Total, Directed stockpile work ..............................................
2,088,274 
2,147,274 
Campaigns: 
Science campaign 
Advanced certification ...................................................
44,104 
54,104 
Primary assessment technologies .................................
94,000 
99,000 
Dynamic materials properties .......................................
97,000 
106,000 
Advanced radiography ...................................................
30,000 
30,000 
Secondary assessment technologies ..............................
85,000 
85,000 
Total, Science campaign ..................................................
350,104 
374,104 
Engineering campaign 
Enhanced surety ............................................................
46,421 
54,421 
Weapon systems engineering assessment technology
18,983 
18,983 
Nuclear survivability .....................................................
21,788 
21,788 
Enhanced surveillance ...................................................
63,379 
63,379 
Total, Engineering campaign .........................................
150,571 
158,571 
Inertial confinement fusion ignition and high yield 
campaign 
Diagnostics, cryogenics and experimental support .....
81,942 
81,942 
Ignition ...........................................................................
84,172 
84,172 
Support of other stockpile programs ............................
14,817 
14,817 
NIF diagnostics, cryogenics and experimental sup-
port ..............................................................................
0 
0 
Pulsed power inertial confinement fusion ....................
6,044 
6,044 
Joint program in high energy density laboratory 
plasmas .......................................................................
8,334 
8,334 
Facility operations and target production ....................
264,691 
264,691 
Total, Inertial confinement fusion and high yield 
campaign ..........................................................................
460,000 
460,000 
Advanced simulation and computing campaign .................
600,000 
600,000 
Readiness Campaign 
Stockpile readiness ........................................................
0 
0 
High explosives and weapon operations ......................
0 
0 
Nonnuclear readiness ....................................................
64,681 
64,681 
Tritium readiness ...........................................................
65,414 
65,414 
Advanced design and production technologies ............
0 
0 
Total, Readiness campaign .............................................
130,095 
130,095 
Total, Campaigns ......................................................................
1,690,770 
1,722,770 
Readiness in technical base and facilities (RTBF) 
Operations of facilities 
Kansas City Plant ...................................................
163,602 
163,602 
Lawrence Livermore National Laboratory ...........
89,048 
89,048 
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126 STAT. 2308 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2013 
Request 
Conference 
Authorized 
Los Alamos National Laboratory ...........................
335,978 
335,978 
Nevada National Security Site ..............................
115,697 
115,697 
Pantex ......................................................................
172,020 
172,020 
Sandia National Laboratory ..................................
167,384 
167,384 
Savannah River Site ...............................................
120,577 
120,577 
Y–12 National security complex ............................
255,097 
255,097 
Institutional site support .......................................
0 
0 
Total, Operations of facilities .........................................
1,419,403 
1,419,403 
Program Readiness ...............................................................
0 
0 
Science, technology and engineering capability support ....
166,945 
166,945 
Maintenance and repair of facilities ....................................
0 
0 
Nuclear operations capability support ................................
203,346 
203,346 
Subtotal, Readiness in technical base and facilities .......
1,789,694 
1,789,694 
Construction: 
13–D–301 Electrical infrastructure upgrades, LANL/ 
LLNL ...........................................................................
23,000 
23,000 
12–D–301 TRU waste facilities, LANL ........................
24,204 
24,204 
11–D–801 TA–55 Reinvestment project, LANL ..........
8,889 
8,889 
10-D–501 Nuclear facilities risk reduction Y–12 Na-
tional security complex, Oakridge, TN .....................
17,909 
17,909 
09–D–404 Test capabilities revitalization II, Sandia 
National Laboratories, Albuquerque, NM ................
11,332 
11,332 
08–D–802 High explosive pressing facility Pantex 
Plant, Amarillo, TX ....................................................
24,800 
24,800 
07–D–140 Project engineering and design (PED) var-
ious locations ..............................................................
0 
0 
06–D–140 Project engineering design (PED) various 
locations ......................................................................
0 
0 
06–D–141 PED/Construction, Uranium Capabilities 
Replacement Project Y–12 , Oak Ridge, TN ............
340,000 
0 
06–D–141 PED/Construction, Uranium Capabilities 
Replacement Project Y–12 , Phase 1, Oak Ridge, 
TN ................................................................................
0 
340,000 
04–D–125 Chemistry and metallurgy facility replace-
ment project, Los Alamos National Laboratory, Los 
Alamos, NM ................................................................
0 
0 
Total, Construction ...........................................................
450,134 
450,134 
Total, Readiness in technical base and facilities .............
2,239,828 
2,239,828 
Secure transportation asset 
Operations and equipment ...................................................
114,965 
114,965 
Program direction .................................................................
104,396 
104,396 
Total, Secure transportation asset .......................................
219,361 
219,361 
Nuclear counterterrorism incident response ..............................
247,552 
247,552 
Site stewardship 
Operations and maintenance ...............................................
90,001 
79,581 
Construction 
11–D–601 Sanitary effluent reclamation facility, 
LANL ...........................................................................
0 
0 
Total, Site stewardship ............................................................
90,001 
79,581 
Defense nuclear security 
Operations and maintenance ...............................................
643,285 
643,285 
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126 STAT. 2309 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2013 
Request 
Conference 
Authorized 
NNSA CIO activities ....................................................................
155,022 
155,022 
Legacy contractor pensions ..........................................................
185,000 
185,000 
Science, Technology and Engineering Capability ......................
0 
0 
National security applications .....................................................
18,248 
18,248 
Subtotal, Weapons activities .........................................................
7,577,341 
7,657,921 
Rescission .............................................................................................
0 
Total, Weapons Activities ...............................................................
7,577,341 
7,657,921 
Defense Nuclear Nonproliferation 
Nonproliferation and verification R&D 
Operations and maintenance ...............................................
398,186 
398,186 
Domestic Enrichment R&D ..................................................
150,000 
150,000 
Subtotal, Nonproliferation and verification R&D ............
548,186 
548,186 
Nonproliferation and international security ..............................
150,119 
150,119 
International nuclear materials protection and cooperation ....
311,000 
311,000 
Fissile materials disposition 
U.S. surplus fissile materials disposition 
Operations and maintenance 
U.S. plutonium disposition .....................................
498,979 
498,979 
U.S. uranium disposition .......................................
29,736 
29,736 
Total, Operations and maintenance ......................
528,715 
528,715 
Construction: 
99–D–143 Mixed oxide fuel fabrication facility, 
Savannah River, SC ............................................
388,802 
388,802 
99–D–141–01 Pit disassembly and conversion fa-
cility, Savannah River, SC .................................
0 
0 
99–D–141–02 Waste Solidification Building, Sa-
vannah River, SC ................................................
0 
0 
Total, Construction ....................................................
388,802 
388,802 
Total, U.S. surplus fissile materials disposition ........
917,517 
917,517 
Russian surplus fissile materials disposition .....................
3,788 
3,788 
Total, Fissile materials disposition ......................................
921,305 
921,305 
Global threat reduction initiative ...............................................
466,021 
493,021 
Legacy contractor pensions ..........................................................
62,000 
62,000 
Subtotal, Defense Nuclear Nonproliferation ............................
2,458,631 
2,507,211 
Rescission .............................................................................................
0 
Total, Defense Nuclear Nonproliferation ..................................
2,458,631 
2,485,631 
Naval Reactors 
Naval reactors development ........................................................
418,072 
418,072 
Ohio replacement reactor systems development ........................
89,700 
89,700 
S8G Prototype refueling ..............................................................
121,100 
121,100 
Naval reactors operations and infrastructure ............................
366,961 
366,961 
Construction: 
13–D–905 Remote-handled low-level waste facility, INL ..
8,890 
8,890 
13–D–904 KS Radiological work and storage building, 
KSO ....................................................................................
2,000 
2,000 
13–D–903, KS Prototype Staff Building, KSO ....................
14,000 
14,000 
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126 STAT. 2310 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2013 
Request 
Conference 
Authorized 
10-D–903, Security upgrades, KAPL ...................................
19,000 
19,000 
10-D–904, NRF infrastructure upgrades, Idaho .................
0 
0 
09–D–902, NRF Office Building #2 ECC Upgrade, Idaho
0 
0 
08–D–190 Expended Core Facility M–290 recovering dis-
charge station, Naval Reactor Facility, ID ......................
5,700 
5,700 
07–D–190 
Materials 
research 
technology 
complex 
(MRTC) ...............................................................................
0 
0 
Total, Construction ..................................................................
49,590 
49,590 
Program direction .........................................................................
43,212 
43,212 
Subtotal, Naval Reactors ................................................................
1,088,635 
1,088,635 
Adjustments: 
Rescission of prior year balances .........................................
0 
0 
Total, Naval Reactors ......................................................................
1,088,635 
1,088,635 
Office Of The Administrator 
Office of the administrator ..........................................................
411,279 
382,000 
Total, Office Of The Administrator .............................................
411,279 
382,000 
Defense Environmental Cleanup 
Closure sites: 
Closure sites administration ................................................
1,990 
1,990 
Hanford site: 
River corridor and other cleanup operations ......................
389,347 
389,347 
Central plateau remediation ................................................
558,820 
558,820 
Richland community and regulatory support .....................
15,156 
15,156 
Total, Hanford site ....................................................................
963,323 
963,323 
Idaho National Laboratory: 
Idaho cleanup and waste disposition ...................................
396,607 
396,607 
Idaho community and regulatory support ...........................
3,000 
3,000 
Total, Idaho National Laboratory .........................................
399,607 
399,607 
NNSA sites 
Lawrence Livermore National Laboratory ..........................
1,484 
1,484 
Nuclear facility D & D Separations Process Research 
Unit .....................................................................................
24,000 
24,000 
Nevada ...................................................................................
64,641 
64,641 
Sandia National Laboratories ..............................................
5,000 
5,000 
Los Alamos National Laboratory .........................................
239,143 
239,143 
Total, NNSA sites and Nevada off-sites ...............................
334,268 
334,268 
Oak Ridge Reservation: 
Building 3019 ........................................................................
0 
0 
OR Nuclear facility D & D ...................................................
67,525 
67,525 
OR cleanup and disposition ..................................................
109,470 
109,470 
OR reservation community and regulatory support ...........
4,500 
4,500 
Total, Oak Ridge Reservation ................................................
181,495 
181,495 
Office of River Protection: 
Waste treatment and immobilization plant 
01–D–416 A-E/ORP-0060 / Major construction ...........
690,000 
690,000 
Tank farm activities 
Rad liquid tank waste stabilization and disposition ...
482,113 
482,113 
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126 STAT. 2311 
PUBLIC LAW 112–239—JAN. 2, 2013 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2013 
Request 
Conference 
Authorized 
Total, Office of River protection ...........................................
1,172,113 
1,172,113 
Savannah River sites: 
Savannah River risk management operations ....................
444,089 
444,089 
SR community and regulatory support ...............................
16,584 
16,584 
Radioactive liquid tank waste: 
Radioactive liquid tank waste stabilization and dis-
position ........................................................................
698,294 
698,294 
Construction: 
05–D–405 Salt waste processing facility, Savan-
nah River .............................................................
22,549 
22,549 
PE&D glass waste storage building #3 .................
0 
0 
Total, Radioactive liquid tank waste ...........................
720,843 
720,843 
Total, Savannah River site .....................................................
1,181,516 
1,181,516 
Waste Isolation Pilot Plant 
Waste isolation pilot plant ...................................................
198,010 
198,010 
Total, Waste Isolation Pilot Plant .........................................
198,010 
198,010 
Program direction .........................................................................
323,504 
323,504 
Program support ...........................................................................
18,279 
18,279 
Safeguards and Security: 
Oak Ridge Reservation .........................................................
18,817 
18,817 
Paducah .................................................................................
8,909 
8,909 
Portsmouth ............................................................................
8,578 
8,578 
Richland/Hanford Site ..........................................................
71,746 
71,746 
Savannah River Site .............................................................
121,977 
121,977 
Waste Isolation Pilot Project ................................................
4,977 
4,977 
West Valley ............................................................................
2,015 
2,015 
Total, Safeguards and Security .............................................
237,019 
237,019 
Technology development ..............................................................
20,000 
20,000 
Uranium enrichment D&D fund contribution ...........................
463,000 
0 
Subtotal, Defense environmental cleanup .................................
5,494,124 
5,031,124 
Adjustments 
Use of prior year balances ...........................................
–12,123 
–12,123 
Use of unobligated balances .........................................
–10,000 
–10,000 
Rescission 
Total, Adjustments ....................................................................
–22,123 
–22,123 
Total, Defense Environmental Cleanup .....................................
5,472,001 
5,009,001 
Other Defense Activities 
Health, safety and security 
Health, safety and security ..................................................
139,325 
139,325 
Program direction .................................................................
106,175 
106,175 
Undistributed adjustment ....................................................
–4,403 
Total, Health, safety and security ........................................
245,500 
241,097 
Specialized security activities ......................................................
188,619 
188,619 
Office of Legacy Management 
Legacy management .............................................................
164,477 
164,477 
Program direction .................................................................
13,469 
13,469 
Total, Office of Legacy Management ...................................
177,946 
177,946 
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126 STAT. 2312 
PUBLIC LAW 112–239—JAN. 2, 2013 
LEGISLATIVE HISTORY—H.R. 4310 (S. 3254): 
HOUSE REPORTS: Nos. 112–479, Pt. 1 and 2 (Comm. on Armed Services) and
112–705 (Comm. of Conference). 
SENATE REPORTS: No. 112–173 (Comm. on Armed Services) accompanying
S. 3254. 
CONGRESSIONAL RECORD, Vol. 158 (2012): 
May 16–18, considered and passed House. 
Dec. 4, considered and passed Senate, amended, in lieu of S. 3254. 
Dec. 12, Senate vitiated passage; reconsidered and passed, amended. 
Dec. 20, House agreed to conference report. 
Dec. 21, Senate agreed to conference report. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2013): 
Jan. 3, Presidential statement. 
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2013 
Request 
Conference 
Authorized 
Defense-related activities 
Infrastructure 
Idaho sitewide safeguards and security .......................
0 
0 
Defense related administrative support .....................................
118,836 
118,836 
Office of hearings and appeals ....................................................
4,801 
4,801 
Subtotal, Other defense activities ...............................................
735,702 
731,299 
Total, Other Defense Activities ....................................................
735,702 
731,299 
Approved January 2, 2013. 
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