[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4310 Enrolled Bill (ENR)]
H.R.4310
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To authorize appropriations for fiscal year 2013 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes.
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 carrier.
Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.
Sec. 126. Designation of mission modules of the Littoral Combat Ship as
a major defense acquisition program.
Sec. 127. Report on Littoral Combat Ship designs.
Sec. 128. Comptroller General review of Littoral Combat Ship program.
Sec. 129. Sense of Congress on importance of engineering in early stages
of shipbuilding.
Sec. 130. Sense of Congress on nuclear-powered ballistic submarines.
Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence
requirements.
Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014
budget request for tactical aviation aircraft.
Subtitle D--Air Force Programs
Sec. 141. Reduction in number of aircraft required to be maintained in
strategic airlift aircraft inventory.
Sec. 142. Retirement of B-1 bomber aircraft.
Sec. 143. Avionics systems for C-130 aircraft.
Sec. 144. Treatment of certain programs for the F-22A Raptor aircraft as
major defense acquisition programs.
Subtitle E--Joint and Multiservice Matters
Sec. 151. Multiyear procurement authority for V-22 joint aircraft
program.
Sec. 152. Procurement of space-based infrared systems satellites.
Sec. 153. Limitation on availability of funds for evolved expendable
launch vehicle program.
Sec. 154. Limitation on availability of funds for retirement of RQ-4
Global Hawk unmanned aircraft systems.
Sec. 155. Requirement to set F-35 aircraft initial operational
capability dates.
Sec. 156. Shallow Water Combat Submersible program.
Sec. 157. Requirement that tactical manned intelligence, surveillance,
and reconnaissance aircraft and unmanned aerial vehicles use
specified standard data link.
Sec. 158. Study on small arms and small-caliber ammunition capabilities.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Next-generation long-range strike bomber aircraft nuclear
certification requirement.
Sec. 212. Extension of limitation on availability of funds for Unmanned
Carrier-launched Surveillance and Strike system program.
Sec. 213. Limitation on availability of funds for milestone A activities
for an Army medium range multi-purpose vertical takeoff and
landing unmanned aircraft system.
Sec. 214. Use of funds for conventional prompt global strike program.
Sec. 215. Next Generation Foundry for the Defense Microelectronics
Activity.
Sec. 216. Advanced rotorcraft initiative.
Subtitle C--Missile Defense Programs
Sec. 221. Prohibition on the use of funds for the MEADS program.
Sec. 222. Availability of funds for Iron Dome short-range rocket defense
program.
Sec. 223. Authority for relocation of certain Aegis weapon system assets
between and within the DDG-51 class destroyer and Aegis Ashore
programs in order to meet mission requirements.
Sec. 224. Evaluation of alternatives for the precision tracking space
system.
Sec. 225. Next generation Exo-atmospheric Kill Vehicle.
Sec. 226. Modernization of the Patriot air and missile defense system.
Sec. 227. Evaluation and environmental impact assessment of potential
future missile defense sites in the United States.
Sec. 228. Homeland ballistic missile defense.
Sec. 229. Regional ballistic missile defense.
Sec. 230. NATO contributions to missile defense in Europe.
Sec. 231. Report on test plan for the ground-based midcourse defense
system.
Sec. 232. Sense of Congress on missile defense.
Sec. 233. Sense of Congress on the submittal to Congress of the homeland
defense hedging policy and strategy report of the Secretary of
Defense.
Subtitle D--Reports
Sec. 241. Mission packages for the Littoral Combat Ship.
Sec. 242. Study on electronic warfare capabilities of the Marine Corps.
Sec. 243. Conditional requirement for report on amphibious assault
vehicles for the Marine Corps.
Sec. 244. Report on cyber and information technology research
investments of the Air Force.
Sec. 245. National Research Council review of defense science and
technical graduate education needs.
Subtitle E--Other Matters
Sec. 251. Eligibility for Department of Defense laboratories to enter
into educational partnerships with educational institutions in
territories and possessions of the United States.
Sec. 252. Regional advanced technology clusters.
Sec. 253. Sense of Congress on increasing the cost-effectiveness of
training exercises for members of the Armed Forces.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environment
Sec. 311. Training range sustainment plan and training range inventory.
Sec. 312. Authority of Secretary of a military department to enter into
cooperative agreements with Indian tribes for land management
associated with military installations and State-owned
National Guard installations.
Sec. 313. Department of Defense guidance on environmental exposures at
military installations and briefing regarding environmental
exposures to members of the Armed Forces.
Sec. 314. Report on status of targets in implementation plan for
operational energy strategy.
Sec. 315. Limitation on obligation of Department of Defense funds from
Defense Production Act of 1950 for biofuel refinery
construction.
Sec. 316. Sense of Congress on protection of Department of Defense
airfields, training airspace, and air training routes.
Subtitle C--Logistics and Sustainment
Sec. 321. Expansion and reauthorization of multi-trades demonstration
project.
Sec. 322. Restoration and amendment of certain provisions relating to
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 working-capital funds for product
improvements.
Sec. 333. Department of Defense national strategic ports study and
Comptroller General studies and reports on strategic ports.
Subtitle E--Reports
Sec. 341. Annual report on Department of Defense long-term corrosion
strategy.
Sec. 342. Report on joint strategy for readiness and training in a
C4ISR-denied environment.
Sec. 343. Comptroller General review of annual Department of Defense
report on prepositioned materiel and equipment.
Sec. 344. Modification of report on maintenance and repair of vessels in
foreign shipyards.
Sec. 345. Extension of deadline for Comptroller General report on
Department of Defense service contract inventory.
Subtitle F--Limitations and Extension of Authority
Sec. 351. Repeal of redundant authority to ensure interoperability of
law enforcement and emergency responder training.
Sec. 352. Aerospace control alert mission.
Sec. 353. Limitation on authorization of appropriations for the National
Museum of the United States Army.
Sec. 354. Limitation on availability of funds for retirement or
inactivation of Ticonderoga class cruisers or dock landing
ships.
Sec. 355. Renewal of expired prohibition on return of veterans memorial
objects without specific authorization in law.
Subtitle G--National Commission on the Structure of the Air Force
Sec. 361. Short title.
Sec. 362. Establishment of Commission.
Sec. 363. Duties of the Commission.
Sec. 364. Powers of the Commission.
Sec. 365. Commission personnel matters.
Sec. 366. Termination of the Commission.
Sec. 367. Funding.
Subtitle H--Other Matters
Sec. 371. Military working dog matters.
Sec. 372. Comptroller General review of handling, labeling, and
packaging procedures for hazardous material shipments.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Annual limitation on end strength reductions for regular
component of the Army and Marine Corps.
Sec. 404. Additional Marine Corps personnel for the Marine Corps
Security Guard Program.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2013 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Limitation on number of Navy flag officers on active duty.
Sec. 502. Reinstatement of authority for enhanced selective early
retirement boards and early discharges.
Sec. 503. Modification of definition of joint duty assignment to include
all instructor assignments for joint training and education.
Sec. 504. Exception to required retirement after 30 years of service for
Regular Navy warrant officers in the grade of Chief Warrant
Officer, W-5.
Sec. 505. Extension of temporary authority to reduce minimum length of
active service as a commissioned officer required for
voluntary retirement as an officer.
Sec. 506. Temporary increase in the time-in-grade retirement waiver
limitation for lieutenant colonels and colonels in the Army,
Air Force, and Marine Corps and commanders and captains in the
Navy.
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.
Sec. 508. Air Force Chief of Chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Codification of staff assistant positions for Joint Staff
related to National Guard and Reserve matters.
Sec. 512. Automatic Federal recognition of promotion of certain National
Guard warrant officers.
Sec. 513. Availability of Transition Assistance Advisors to assist
members of reserve components who serve on active duty for
more than 180 consecutive days.
Subtitle C--General Service Authorities
Sec. 518. Authority for additional behavioral health professionals to
conduct pre-separation medical exams for post-traumatic stress
disorder.
Sec. 519. Diversity in the Armed Forces and related reporting
requirements.
Sec. 520. Limitation on reduction in number of military and civilian
personnel assigned to duty with service review agencies.
Sec. 521. Extension of temporary increase in accumulated leave carryover
for members of the Armed Forces.
Sec. 522. Modification of authority to conduct programs on career
flexibility to enhance retention of members of the Armed
Forces.
Sec. 523. Prohibition on waiver for commissioning or enlistment in the
Armed Forces for any individual convicted of a felony sexual
offense.
Sec. 524. Quality review of Medical Evaluation Boards, Physical
Evaluation Boards, and Physical Evaluation Board Liaison
Officers.
Sec. 525. Reports on involuntary separation of members of the Armed
Forces.
Sec. 526. Report on feasibility of developing gender-neutral
occupational standards for military occupational specialties
currently closed to women.
Sec. 527. Report on education and training and promotion rates for
pilots of remotely piloted aircraft.
Sec. 528. Impact of numbers of members within the Integrated Disability
Evaluation System on readiness of Armed Forces to meet mission
requirements.
Subtitle D--Military Justice and Legal Matters
Sec. 531. Clarification and enhancement of the role of Staff Judge
Advocate to the Commandant of the Marine Corps.
Sec. 532. Additional information in reports on annual surveys of the
Committee on the Uniform Code of Military Justice.
Sec. 533. Protection of rights of conscience of members of the Armed
Forces and chaplains of such members.
Sec. 534. Reports on hazing in the Armed Forces.
Subtitle E--Member Education and Training Opportunities and
Administration
Sec. 541. Transfer of Troops-to-Teachers Program from Department of
Education to Department of Defense and enhancements to the
Program.
Sec. 542. Support of Naval Academy athletic and physical fitness
programs.
Sec. 543. Expansion of Department of Defense pilot program on receipt of
civilian credentialing for military occupational specialty
skills.
Sec. 544. State consideration of military training in granting certain
State certifications and licenses as a condition on the
receipt of funds for veterans employment and training.
Sec. 545. Department of Defense review of access to military
installations by representatives of institutions of higher
education.
Sec. 546. Report on Department of Defense efforts to standardize
educational transcripts issued to separating members of the
Armed Forces.
Sec. 547. Comptroller General of the United States reports on joint
professional military education matters.
Subtitle F--Reserve Officers' Training Corps and Related Matters
Sec. 551. Repeal of requirement for eligibility for in-State tuition of
at least 50 percent of participants in Senior Reserve
Officers' Training Corps program.
Sec. 552. Consolidation of military department authority to issue arms,
tentage, and equipment to educational institutions not
maintaining units of Junior Reserve Officers' Training Corps.
Sec. 553. Modification of requirements on plan to increase the number of
units of the Junior Reserve Officers' Training Corps.
Sec. 554. Comptroller General report on Reserve Officers' Training Corps
programs.
Subtitle G--Defense Dependents' Education and Military Family Readiness
Sec. 561. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Amendments to the Impact Aid program.
Sec. 564. Transitional compensation for dependent children who are
carried during pregnancy at time of dependent-abuse offense
committed by an individual while a member of the Armed Forces.
Sec. 565. Modification of authority to allow Department of Defense
domestic dependent elementary and secondary schools to enroll
certain students.
Sec. 566. Noncompetitive appointment authority regarding certain
military spouses.
Sec. 567. Report on future of family support programs of the Department
of Defense.
Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day.
Subtitle H--Improved Sexual Assault Prevention and Response in the Armed
Forces
Sec. 570. Armed Forces Workplace and Gender Relations Surveys.
Sec. 571. Authority to retain or recall to active duty reserve component
members who are victims of sexual assault while on active
duty.
Sec. 572. Additional elements in comprehensive Department of Defense
policy on sexual assault prevention and response.
Sec. 573. Establishment of special victim capabilities within the
military departments to respond to allegations of certain
special victim offenses.
Sec. 574. Enhancement to training and education for sexual assault
prevention and response.
Sec. 575. Modification of annual Department of Defense reporting
requirements regarding sexual assaults.
Sec. 576. Independent reviews and assessments of Uniform Code of
Military Justice and judicial proceedings of sexual assault
cases.
Sec. 577. Retention of certain forms in connection with Restricted
Reports on sexual assault at request of the member of the
Armed Forces making the report.
Sec. 578. General or flag officer review of and concurrence in
separation of members of the Armed Forces making an
Unrestricted Report of sexual assault.
Sec. 579. Department of Defense policy and plan for prevention and
response to sexual harassment in the Armed Forces.
Subtitle I--Suicide Prevention and Resilience
Sec. 580. Enhancement of oversight and management of Department of
Defense suicide prevention and resilience programs.
Sec. 581. Reserve component suicide prevention and resilience program.
Sec. 582. Comprehensive policy on prevention of suicide among members of
the Armed Forces.
Sec. 583. Study of resilience programs for members of the Army.
Subtitle J--Other Matters
Sec. 584. Issuance of prisoner-of-war medal.
Sec. 585. Technical amendments relating to the termination of the Armed
Forces Institute of Pathology under defense base closure and
realignment.
Sec. 586. Modification of requirement for reports in Federal Register on
institutions of higher education ineligible for contracts and
grants for denial of ROTC or military recruiter access to
campus.
Sec. 587. Acceptance of gifts and services related to educational
activities and voluntary services to account for missing
persons.
Sec. 588. Display of State, District of Columbia, commonwealth, and
territorial flags by the Armed Forces.
Sec. 589. Enhancement of authorities on admission of defense industry
civilians to certain Department of Defense educational
institutions and programs.
Sec. 590. Extension of authorities to carry out a program of referral
and counseling services to veterans at risk of homelessness
who are transitioning from certain institutions.
Sec. 591. Inspection of military cemeteries under the jurisdiction of
Department of Defense.
Sec. 592. Report on results of investigations and reviews conducted with
respect to Port Mortuary Division of the Air Force Mortuary
Affairs Operations Center at Dover Air Force Base.
Sec. 593. Preservation of editorial independence of Stars and Stripes.
Sec. 594. National public awareness and participation campaign for
Veterans' History Project of American Folklife Center.
Sec. 595. Report on accuracy of data in the Defense Enrollment
Eligibility Reporting System.
Sec. 596. Sense of Congress that the bugle call commonly known as Taps
should be designated as the National Song of Military
Remembrance.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2013 increase in military basic pay.
Sec. 602. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 603. Basic allowance for housing for two-member couples when one
member is on sea duty.
Sec. 604. Rates of basic allowance for housing for members performing
active Guard and Reserve duty.
Sec. 605. Payment of benefit for nonparticipation of eligible members in
Post-Deployment/Mobilization Respite Absence program due to
Government error.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Increase in maximum amount of officer affiliation bonus for
officers in the Selected Reserve.
Sec. 617. Increase in maximum amount of incentive bonus for reserve
component members who convert military occupational specialty
to ease personnel shortages.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Permanent change of station allowances for members of Selected
Reserve units filling a vacancy in another unit after being
involuntarily separated.
Sec. 622. Authority for comprehensive program for space-available travel
on Department of Defense aircraft.
Subtitle D--Benefits and Services for Members Being Separated or
Recently Separated
Sec. 631. Extension of authority to provide two years of commissary and
exchange benefits after separation.
Sec. 632. Transitional use of military family housing.
Subtitle E--Disability, Retired Pay, and Survivor Benefits
Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan
premiums when participant waives retired pay to provide a
survivor annuity under Federal Employees Retirement System and
terminating payment of the Survivor Benefit Plan annuity.
Sec. 642. Repeal of automatic enrollment in Family Servicemembers' Group
Life Insurance for members of the Armed Forces married to
other members.
Sec. 643. Clarification of computation of combat-related special
compensation for chapter 61 disability retirees.
Subtitle F--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 651. Repeal of certain recordkeeping and reporting requirements
applicable to commissary and exchange stores overseas.
Sec. 652. Treatment of Fisher House for the Families of the Fallen and
Meditation Pavilion at Dover Air Force Base, Delaware, as a
Fisher House.
Subtitle G--Military Lending
Sec. 661. Additional enhancements of protections on consumer credit for
members of the Armed Forces and their dependents.
Sec. 662. Effect of violations of protections on consumer credit
extended to members of the Armed Forces and their dependents.
Sec. 663. Consistent definition of dependent for purposes of applying
limitations on terms of consumer credit extended to certain
members of the Armed Forces and their dependents.
Subtitle H--Military Compensation and Retirement Modernization
Commission
Sec. 671. Purpose, scope, and definitions.
Sec. 672. Military Compensation and Retirement Modernization Commission.
Sec. 673. Commission hearings and meetings.
Sec. 674. Principles and procedure for Commission recommendations.
Sec. 675. Consideration of Commission recommendations by the President.
Sec. 676. Executive Director.
Sec. 677. Staff.
Sec. 678. Judicial review precluded.
Sec. 679. Termination.
Sec. 680. Funding.
Subtitle I--Other Matters
Sec. 681. Equal treatment for members of Coast Guard Reserve called to
active duty under title 14, United States Code.
Sec. 682. Report regarding Department of Veterans Affairs claims process
transformation plan.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental
program for members of the Selected Reserve who are
involuntarily separated.
Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform
formulary.
Sec. 703. Modification of requirements on mental health assessments for
members of the Armed Forces deployed in connection with a
contingency operation.
Sec. 704. Use of Department of Defense funds for abortions in cases of
rape and incest.
Sec. 705. Pilot program on certain treatments of autism under the
TRICARE program.
Sec. 706. Pilot program on enhancements of Department of Defense efforts
on mental health in the National Guard and Reserves through
community partnerships.
Sec. 707. Sense of Congress on health care for retired members of the
uniformed services.
Subtitle B--Health Care Administration
Sec. 711. Authority for automatic enrollment in TRICARE Prime of
dependents of members in pay grades above pay grade E-4.
Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the
TRICARE program.
Sec. 713. Clarification of applicability of certain authority and
requirements to subcontractors employed to provide health care
services to the Department of Defense.
Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE
program.
Sec. 715. Requirement to ensure the effectiveness and efficiency of
health engagements.
Sec. 716. Pilot program for refills of maintenance medications for
TRICARE for Life beneficiaries through the TRICARE mail-order
pharmacy program.
Subtitle C--Mental Health Care and Veterans Matters
Sec. 723. Sharing between Department of Defense and Department of
Veterans Affairs of records and information retained under the
medical tracking system for members of the Armed Forces
deployed overseas.
Sec. 724. Participation of members of the Armed Forces in peer support
counseling programs of the Department of Veterans Affairs.
Sec. 725. Research and medical practice on mental health conditions.
Sec. 726. Transparency in mental health care services provided by the
Department of Veterans Affairs.
Sec. 727. Expansion of Vet Center Program to include furnishing
counseling to certain members of the Armed Forces and their
family members.
Sec. 728. Organization of the Readjustment Counseling Service in the
Department of Veterans Affairs.
Sec. 729. Recruitment of mental health providers for furnishing mental
health services on behalf of the Department of Veterans
Affairs without compensation from the Department.
Sec. 730. Peer support.
Subtitle D--Reports and Other Matters
Sec. 731. Plan for reform of the administration of the military health
system.
Sec. 732. Future availability of TRICARE Prime throughout the United
States.
Sec. 733. Extension of Comptroller General report on contract health
care staffing for military medical treatment facilities.
Sec. 734. Extension of Comptroller General report on women-specific
health services and treatment for female members of the Armed
Forces.
Sec. 735. Study on health care and related support for children of
members of the Armed Forces.
Sec. 736. Report on strategy to transition to use of human-based methods
for certain medical training.
Sec. 737. Study on incidence of breast cancer among members of the Armed
Forces serving on active duty.
Sec. 738. Performance metrics and reports on Warriors in Transition
programs of the military departments.
Sec. 739. Plan to eliminate gaps and redundancies in programs of the
Department of Defense on psychological health and traumatic
brain injury.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Treatment of procurements on behalf of the Department of
Defense through the Work for Others program of the Department
of Energy.
Sec. 802. Review and justification of pass-through contracts.
Sec. 803. Availability of amounts in Defense Acquisition Workforce
Development Fund.
Sec. 804. Department of Defense policy on contractor profits.
Sec. 805. Modification of authorities on internal controls for
procurements on behalf of the Department of Defense by certain
nondefense agencies.
Sec. 806. Extension of authority relating to management of supply-chain
risk.
Sec. 807. Sense of Congress on the continuing progress of the Department
of Defense in implementing its Item Unique Identification
Initiative.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Limitation on use of cost-type contracts.
Sec. 812. Estimates of potential termination liability of contracts for
the development or production of major defense acquisition
programs.
Sec. 813. Technical change regarding programs experiencing critical cost
growth due to change in quantity purchased.
Sec. 814. Repeal of requirement to review ongoing programs initiated
before enactment of Milestone B certification and approval
process.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Modification of time period for congressional notification of
the lease of certain vessels by the Department of Defense.
Sec. 822. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 823. Codification and amendment relating to life-cycle management
and product support requirements.
Sec. 824. Codification of requirement relating to Government performance
of critical acquisition functions.
Sec. 825. Competition in acquisition of major subsystems and
subassemblies on major defense acquisition programs.
Sec. 826. Compliance with Berry Amendment required for uniform
components supplied to Afghan military or Afghan National
Police.
Sec. 827. Enhancement of whistleblower protections for contractor
employees.
Sec. 828. Pilot program for enhancement of contractor employee
whistleblower protections.
Sec. 829. Extension of contractor conflict of interest limitations.
Sec. 830. Repeal of sunset for certain protests of task and delivery
order contracts.
Sec. 831. Guidance and training related to evaluating reasonableness of
price.
Sec. 832. Department of Defense access to, use of, and safeguards and
protections for contractor internal audit reports.
Sec. 833. Contractor responsibilities in regulations relating to
detection and avoidance of counterfeit electronic parts.
Subtitle D--Provisions Relating to Contracts in Support of Contingency
Operations
Sec. 841. Extension and expansion of authority to acquire products and
services produced in countries along a major route of supply
to Afghanistan.
Sec. 842. Limitation on authority to acquire products and services
produced in Afghanistan.
Sec. 843. Responsibility within Department of Defense for operational
contract support.
Sec. 844. Data collection on contract support for future overseas
contingency operations involving combat operations.
Sec. 845. Inclusion of operational contract support in certain
requirements for Department of Defense planning, joint
professional military education, and management structure.
Sec. 846. Requirements for risk assessments related to contractor
performance.
Sec. 847. Extension and modification of reports on contracting in Iraq
and Afghanistan.
Sec. 848. Responsibilities of inspectors general for overseas
contingency operations.
Sec. 849. Oversight of contracts and contracting activities for overseas
contingency operations in responsibilities of Chief
Acquisition Officers of Federal agencies.
Sec. 850. Reports on responsibility within Department of State and the
United States Agency for International Development for
contract support for overseas contingency operations.
Sec. 851. Database on price trends of items and services under Federal
contracts.
Sec. 852. Information on corporate contractor performance and integrity
through the Federal Awardee Performance and Integrity
Information System.
Sec. 853. Inclusion of data on contractor performance in past
performance databases for executive agency source selection
decisions.
Subtitle E--Other Matters
Sec. 861. Requirements and limitations for suspension and debarment
officials of the Department of Defense, the Department of
State, and the United States Agency for International
Development.
Sec. 862. Uniform contract writing system requirements.
Sec. 863. Extension of other transaction authority.
Sec. 864. Report on allowable costs of compensation of contractor
employees.
Sec. 865. Reports on use of indemnification agreements.
Sec. 866. Plan to increase number of contractors eligible for contracts
under Air Force NETCENTS-2 contract.
Sec. 867. Inclusion of information on prevalent grounds for sustaining
bid protests in annual protest report by Comptroller General
to Congress.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Additional duties of Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy and amendments to
Strategic Materials Protection Board.
Sec. 902. Requirement for focus on urgent operational needs and rapid
acquisition.
Sec. 903. Designation of Department of Defense senior official for
enterprise resource planning system data conversion.
Sec. 904. Additional responsibilities and resources for Deputy Assistant
Secretary of Defense for Developmental Test and Evaluation.
Sec. 905. Definition and report on terms ``preparation of the
environment'' and ``operational preparation of the
environment'' for joint doctrine purposes.
Sec. 906. Information for Deputy Chief Management Officer of the
Department of Defense from the military departments and
Defense Agencies for defense business system investment
reviews.
Subtitle B--Space Activities
Sec. 911. Reports on integration of acquisition and capability delivery
schedules for segments of major satellite acquisition programs
and funding for such programs.
Sec. 912. Commercial space launch cooperation.
Sec. 913. Limitation on international agreements concerning outer space
activities.
Sec. 914. Operationally Responsive Space Program Office.
Sec. 915. Report on overhead persistent infrared technology.
Sec. 916. Assessment of foreign components and the space launch
capability of the United States.
Sec. 917. Report on counter space technology.
Subtitle C--Intelligence-Related Activities
Sec. 921. Authority to provide geospatial intelligence support to
certain security alliances and regional organizations.
Sec. 922. Technical amendments to reflect change in name of National
Defense Intelligence College to National Intelligence
University.
Sec. 923. Review of Army Distributed Common Ground System.
Sec. 924. Electro-optical imagery.
Sec. 925. Defense Clandestine Service.
Subtitle D--Cyberspace-Related Matters
Sec. 931. Implementation strategy for Joint Information Environment.
Sec. 932. Next-generation host-based cyber security system for the
Department of Defense.
Sec. 933. Improvements in assurance of computer software procured by the
Department of Defense.
Sec. 934. Competition in connection with Department of Defense tactical
data link systems.
Sec. 935. Collection and analysis of network flow data.
Sec. 936. Competition for large-scale software database and data
analysis tools.
Sec. 937. Software licenses of the Department of Defense.
Sec. 938. Sense of Congress on potential security risks to Department of
Defense networks.
Sec. 939. Quarterly cyber operations briefings.
Sec. 940. Sense of Congress on the United States Cyber Command.
Sec. 941. Reports to Department of Defense on penetrations of networks
and information systems of certain contractors.
Subtitle E--Other Matters
Sec. 951. Advice on military requirements by Chairman of Joint Chiefs of
Staff and Joint Requirements Oversight Council.
Sec. 952. Enhancement of responsibilities of the Chairman of the Joint
Chiefs of Staff regarding the national military strategy.
Sec. 953. One-year extension of authority to waive reimbursement of
costs of activities for nongovernmental personnel at
Department of Defense regional centers for security studies.
Sec. 954. National Language Service Corps.
Sec. 955. Savings to be achieved in civilian personnel workforce and
service contractor workforce of the Department of Defense.
Sec. 956. Expansion of persons eligible for expedited Federal hiring
following completion of National Security Education Program
scholarship.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Sense of Congress on notice to Congress on unfunded
priorities.
Sec. 1004. Authority to transfer funds to the National Nuclear Security
Administration to sustain nuclear weapons modernization.
Sec. 1005. Audit readiness of Department of Defense statements of
budgetary resources.
Sec. 1006. Report on balances carried forward by the Department of
Defense at the end of fiscal year 2012.
Sec. 1007. Report on elimination and streamlining of reporting
requirements, thresholds, and statutory and regulatory
requirements resulting from unqualified audit opinion of
Department of Defense financial statements.
Subtitle B--Counter-Drug Activities
Sec. 1008. Extension of the authority to establish and operate National
Guard counterdrug schools.
Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and
Counter-Drug Activities, Defense-wide account.
Sec. 1010. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia.
Sec. 1011. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1012. Requirement for biennial certification on provision of
support for counter-drug activities to certain foreign
governments.
Subtitle C--Naval Vessels and Shipyards
Sec. 1013. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Sec. 1014. Limitation on availability of funds for delayed annual naval
vessel construction plan.
Sec. 1015. Retirement of naval vessels.
Sec. 1016. Termination of a Maritime Prepositioning Ship squadron.
Sec. 1017. Sense of Congress on recapitalization for the Navy and Coast
Guard.
Sec. 1018. Notice to Congress for the review of proposals to name naval
vessels.
Subtitle D--Counterterrorism
Sec. 1021. Extension of authority to make rewards for combating
terrorism.
Sec. 1022. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1023. Report on recidivism of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, who have been transferred
to foreign countries.
Sec. 1024. Notice and report on use of naval vessels for detention of
individuals captured outside Afghanistan pursuant to the
Authorization for Use of Military Force.
Sec. 1025. Notice required prior to transfer of certain individuals
detained at the Detention Facility at Parwan, Afghanistan.
Sec. 1026. Report on recidivism of individuals formerly detained at the
Detention Facility at Parwan, Afghanistan.
Sec. 1027. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1028. Requirements for certifications relating to the transfer of
detainees at United States Naval Station, Guantanamo Bay,
Cuba, to foreign countries and other foreign entities.
Sec. 1029. Rights Unaffected.
Subtitle E--Nuclear Forces
Sec. 1031. Nuclear weapons employment strategy of the United States.
Sec. 1032. Progress of modernization.
Sec. 1033. Report in the event of insufficient funding for modernization
of nuclear weapons stockpile.
Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile
reductions.
Sec. 1035. Strategic delivery systems.
Sec. 1036. Consideration of expansion of nuclear forces of other
countries.
Sec. 1037. Nonstrategic nuclear weapon reductions and extended
deterrence policy.
Sec. 1038. Unilateral change in nuclear weapons stockpile of the United
States.
Sec. 1039. Expansion of duties and responsibilities of the Nuclear
Weapons Council.
Sec. 1040. Interagency Council on the Strategic Capability of the
National Laboratories.
Sec. 1041. Cost estimates for nuclear weapons.
Sec. 1042. Prior notification with regard to retirement of strategic
delivery systems.
Sec. 1043. Report on nuclear warheads on intercontinental ballistic
missiles of the United States.
Sec. 1044. Requirements for combined or interoperable warhead for
certain missile systems.
Sec. 1045. Reports on capability of conventional and nuclear forces
against certain tunnel sites and on nuclear weapons program of
the People's Republic of China.
Sec. 1046. Report on conventional and nuclear forces in the Western
Pacific region.
Subtitle F--Miscellaneous Authorities and Limitations
Sec. 1051. Expansion of authority of the Secretary of the Army to loan
or donate excess non-automatic service rifles for funeral and
other ceremonial purposes.
Sec. 1052. Interagency collaboration on unmanned aircraft systems.
Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected
vehicles and spare parts.
Sec. 1054. Notice to Congress of certain Department of Defense
nondisclosure agreements.
Sec. 1055. Extension of authority to provide assured business guarantees
to carriers participating in Civil Reserve Air Fleet.
Sec. 1056. Authority for short-term extension of lease for aircraft
supporting the Blue Devil intelligence, surveillance, and
reconnaissance program.
Sec. 1057. Rule of construction relating to prohibition on infringing on
the individual right to lawfully acquire, possess, own, carry,
and otherwise use privately owned firearms, ammunition, and
other weapons.
Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center.
Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift
aircraft for general support and time sensitive/mission
critical direct support airlift missions of the Department of
Defense.
Subtitle G--Studies and Reports
Sec. 1061. Electronic warfare strategy of the Department of Defense.
Sec. 1062. Report on counterproliferation capabilities and limitations.
Sec. 1063. Report on strategic airlift aircraft.
Sec. 1064. Repeal of biennial report on the Global Positioning System.
Sec. 1065. Improvements to reports required on acquisition of technology
relating to weapons of mass destruction and the threat posed
by weapons of mass destruction, ballistic missiles, and cruise
missiles.
Sec. 1066. Report on force structure of the United States Army.
Sec. 1067. Report on planned efficiency initiatives at Space and Naval
Warfare Systems Command.
Sec. 1068. Report on military resources necessary to execute United
States Force Posture Strategy in the Asia Pacific Region.
Sec. 1069. Rialto-Colton Basin, California, water resources study.
Sec. 1070. Reports on the potential security threat posed by Boko Haram.
Sec. 1071. Study on the ability of national test and evaluation
capabilities to support the maturation of hypersonic
technologies for future defense systems development.
Subtitle H--Other Matters
Sec. 1076. Technical and clerical amendments.
Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its
20th anniversary.
Sec. 1078. Dissemination abroad of information about the United States.
Sec. 1079. Coordination for computer network operations.
Sec. 1080. Sense of Congress regarding unauthorized disclosures of
classified information.
Sec. 1081. Technical amendments to repeal statutory references to United
States Joint Forces Command.
Sec. 1082. Sense of Congress on non-United States citizens who are
graduates of United States educational institutions with
advanced degrees in science, technology, engineering, and
mathematics.
Sec. 1083. Scientific framework for recalcitrant cancers.
Sec. 1084. Protection of veterans' memorials.
Sec. 1085. Sense of Congress regarding spectrum.
Sec. 1086. Public Safety Officers' Benefits Program.
Sec. 1087. Removal of action.
Sec. 1088. Transport for female genital mutilation.
Sec. 1089. Amendments to law enforcement officer safety provisions of
title 18.
Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire
suppression purposes.
Sec. 1091. Transfer of excess aircraft to other departments of the
Federal Government.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1102. Expansion of experimental personnel program for scientific
and technical personnel at the Defense Advanced Research
Projects Agency.
Sec. 1103. Extension of authority to fill shortage category positions
for certain Federal acquisition positions for civilian
agencies.
Sec. 1104. One-year extension of discretionary authority to grant
allowances, benefits, and gratuities to personnel on official
duty in a combat zone.
Sec. 1105. Policy on senior mentors.
Sec. 1106. Authority to pay for the transport of family household pets
for Federal employees during certain evacuation operations.
Sec. 1107. Interagency personnel rotations.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Sec. 1202. Extension of authority for non-reciprocal exchanges of
defense personnel between the United States and foreign
countries.
Sec. 1203. Authority to build the capacity of certain counterterrorism
forces in Yemen and East Africa.
Sec. 1204. Limitation on activities under State Partnership Program
pending compliance with certain program-related requirements.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Authority to support operations and activities of the Office
of Security Cooperation in Iraq.
Sec. 1212. Report on insider attacks in Afghanistan and their effect on
the United States transition strategy for Afghanistan.
Sec. 1213. United States military support in Afghanistan.
Sec. 1214. Modification of report on progress toward security and
stability in Afghanistan.
Sec. 1215. Independent assessment of the Afghan National Security
Forces.
Sec. 1216. Extension and modification of logistical support for
coalition forces supporting certain United States military
operations.
Sec. 1217. Report on Afghanistan Peace and Reintegration Program.
Sec. 1218. One-year extension of authority to use funds for
reintegration activities in Afghanistan.
Sec. 1219. One-year extension and modification of authority for program
to develop and carry out infrastructure projects in
Afghanistan.
Sec. 1220. Report on updates and modifications to campaign plan for
Afghanistan.
Sec. 1221. Commanders' Emergency Response Program in Afghanistan.
Sec. 1222. Authority to transfer defense articles and provide defense
services to the military and security forces of Afghanistan.
Sec. 1223. Report on efforts to promote the security of Afghan women and
girls during the security transition process.
Sec. 1224. Sense of Congress commending the Enduring Strategic
Partnership Agreement between the United States and
Afghanistan.
Sec. 1225. Consultations with Congress on a bilateral security agreement
with Afghanistan.
Sec. 1226. Completion of transition of United States combat and military
and security operations to the Government of Afghanistan.
Sec. 1227. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1228. Extension and modification of Pakistan Counterinsurgency
Fund.
Subtitle C--Matters Relating to Iran
Sec. 1231. Report on United States capabilities in relation to China,
North Korea, and Iran.
Sec. 1232. Report on military capabilities of Gulf Cooperation Council
members.
Sec. 1233. Sense of Congress with respect to Iran.
Sec. 1234. Rule of construction.
Subtitle D--Iran Sanctions
Sec. 1241. Short title.
Sec. 1242. Definitions.
Sec. 1243. Sense of Congress relating to violations of human rights by
Iran.
Sec. 1244. Imposition of sanctions with respect to the energy, shipping,
and shipbuilding sectors of Iran.
Sec. 1245. Imposition of sanctions with respect to the sale, supply, or
transfer of certain materials to or from Iran.
Sec. 1246. Imposition of sanctions with respect to the provision of
underwriting services or insurance or reinsurance for
activities or persons with respect to which sanctions have
been imposed.
Sec. 1247. Imposition of sanctions with respect to foreign financial
institutions that facilitate financial transactions on behalf
of specially designated nationals.
Sec. 1248. Impositions of sanctions with respect to the Islamic Republic
of Iran Broadcasting.
Sec. 1249. Imposition of sanctions with respect to persons engaged in
the diversion of goods intended for the people of Iran.
Sec. 1250. Waiver requirement related to exceptional circumstances
preventing significant reductions in crude oil purchases.
Sec. 1251. Statute of limitations for civil actions regarding terrorist
acts.
Sec. 1252. Report on use of certain Iranian seaports by foreign vessels
and use of foreign airports by sanctioned Iranian air
carriers.
Sec. 1253. Implementation; penalties.
Sec. 1254. Applicability to certain natural gas projects.
Sec. 1255. Rule of construction.
Subtitle E--Satellites and Related Items
Sec. 1261. Removal of satellites and related items from the United
States Munitions List.
Sec. 1262. Report on licenses and other authorizations to export certain
satellites and related items.
Sec. 1263. Report on country exemptions for licensing of exports of
certain satellites and related items.
Sec. 1264. End-use monitoring of certain satellites and related items.
Sec. 1265. Interagency review of modifications to Category XV of the
United States Munitions List.
Sec. 1266. Rules of construction.
Sec. 1267. Definitions.
Subtitle F--Other Matters
Sec. 1271. Additional elements in annual report on military and security
developments involving the People's Republic of China.
Sec. 1272. NATO Special Operations Headquarters.
Sec. 1273. Sustainability requirements for certain capital projects in
connection with overseas contingency operations.
Sec. 1274. Administration of the American, British, Canadian, and
Australian Armies' Program.
Sec. 1275. United States participation in Headquarters Eurocorps.
Sec. 1276. Department of Defense participation in European program on
multilateral exchange of air transportation and air refueling
services.
Sec. 1277. Prohibition on use of funds to enter into contracts or
agreements with Rosoboronexport.
Sec. 1278. Sense of Congress on Iron Dome short-range rocket defense
system.
Sec. 1279. Bilateral defense trade relationship with India.
Sec. 1280. United States Advisory Commission on Public Diplomacy.
Sec. 1281. Sense of Congress on sale of aircraft to Taiwan.
Sec. 1282. Briefings on dialogue between the United States and the
Russian Federation on nuclear arms, missile defense systems,
and long-range conventional strike systems.
Sec. 1283. Sense of Congress on efforts to remove or apprehend Joseph
Kony from the battlefield and end the atrocities of the Lord's
Resistance Army.
Sec. 1284. Imposition of sanctions with respect to support for the rebel
group known as M23.
Sec. 1285. Pilot program on repair, overhaul, and refurbishment of
defense articles for sale or transfer to eligible foreign
countries and entities.
Sec. 1286. Sense of Congress on the situation in the Senkaku Islands.
Subtitle G--Reports
Sec. 1291. Review and reports on Department of Defense efforts to build
the capacity of and partner with foreign security forces.
Sec. 1292. Additional report on military and security developments
involving the Democratic People's Republic of Korea.
Sec. 1293. Report on host nation support for overseas United States
military installations and United States Armed Forces deployed
in country.
Sec. 1294. Report on military activities to deny or significantly
degrade the use of air power against civilian and opposition
groups in Syria.
Sec. 1295. Report on military assistance provided by Russia to Syria.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of cooperative threat reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Report on Cooperative Threat Reduction Programs in Russia.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Additional security of strategic materials supply chains.
Sec. 1413. Release of materials needed for national defense purposes
from the Strategic and Critical Materials Stockpile.
Subtitle C--Chemical Demilitarization Matters
Sec. 1421. Supplemental chemical agent and munitions destruction
technologies at Pueblo Chemical Depot, Colorado, and Blue
Grass Army Depot, Kentucky.
Subtitle D--Other Matters
Sec. 1431. Reduction of unobligated balances within the Pentagon
Reservation Maintenance Revolving Fund.
Sec. 1432. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1433. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1434. Cemeterial expenses.
Sec. 1435. Additional Weapons of Mass Destruction Civil Support Teams.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Defense Health Program.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations and Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Joint Improvised Explosive Device Defeat Fund.
Sec. 1533. One-year extension of project authority and related
requirements of Task Force for Business and Stability
Operations in Afghanistan.
Sec. 1534. Plan for transition in funding of United States Special
Operations Command from supplemental funding for overseas
contingency operations to recurring funding under the future-
years defense program.
Sec. 1535. Assessment of counter-improvised explosive device training
and intelligence activities of the Joint Improvised Explosive
Device Defeat Organization and national and military
intelligence Organizations.
TITLE XVI--INDUSTRIAL BASE MATTERS
Subtitle A--Defense Industrial Base Matters
Sec. 1601. Disestablishment of Defense Materiel Readiness Board.
Sec. 1602. Assessment of effects of foreign boycotts.
Sec. 1603. National security strategy for national technology and
industrial base.
Subtitle B--Department of Defense Activities Related to Small Business
Matters
Sec. 1611. Role of the directors of small business programs in
acquisition processes of the Department of Defense.
Sec. 1612. Small Business Ombudsman for defense audit agencies.
Sec. 1613. Independent assessment of Federal procurement contracting
performance of the Department of Defense.
Sec. 1614. Additional responsibilities of Inspector General of the
Department of Defense.
Sec. 1615. Restoration of 1 percent funding for administrative expenses
of Commercialization Readiness Program of Department of
Defense.
Subtitle C--Matters Relating to Small Business Concerns
Part I--Procurement Center Representatives
Sec. 1621. Procurement center representatives.
Sec. 1622. Small Business Act contracting requirements training.
Sec. 1623. Acquisition planning.
Part II--Goals for Procurement Contracts Awarded to Small Business
Concerns
Sec. 1631. Goals for procurement contracts awarded to small business
concerns.
Sec. 1632. Reporting on goals for procurement contracts awarded to small
business concerns.
Sec. 1633. Senior executives.
Part III--Mentor-Protege Programs
Sec. 1641. Mentor-Protege programs.
Part IV--Transparency in Subcontracting
Sec. 1651. Limitations on subcontracting.
Sec. 1652. Penalties.
Sec. 1653. Subcontracting plans.
Sec. 1654. Notices of subcontracting opportunities.
Sec. 1655. Publication of certain documents.
Part V--Small Business Concern Size Standards
Sec. 1661. Small business concern size standards.
Part VI--Contract Bundling
Sec. 1671. Contract bundling.
Part VII--Increased Penalties for Fraud
Sec. 1681. Safe harbor for good faith compliance efforts.
Sec. 1682. Requirement that fraudulent businesses be suspended or
debarred.
Sec. 1683. Annual report on suspensions and debarments proposed by Small
Business Administration.
Part VIII--Offices of Small and Disadvantaged Business Units
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.
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 activities funded through Department of Defense Base
Closure Account 1990.
Sec. 2702. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 2005.
Subtitle B--Other Matters
Sec. 2711. Consolidation of Department of Defense base closure accounts
and authorized uses of base closure account funds.
Sec. 2712. Revised base closure and realignment restrictions and
Comptroller General assessment of Department of Defense
compliance with codified base closure and realignment
restrictions.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authorized cost and scope variations.
Sec. 2802. Preparation of master plans for major military installations.
Sec. 2803. Oversight and accountability for military housing
privatization projects and related annual reporting
requirements.
Sec. 2804. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects in certain
areas outside the United States.
Sec. 2805. Comptroller General report on in-kind payments.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Clarification of parties with whom Department of Defense may
conduct exchanges of real property at certain military
installations.
Sec. 2812. Identification requirements for access to military
installations.
Sec. 2813. Report on property disposals at certain closed military
installations and additional authorities to assist local
communities in the vicinity of such installations.
Sec. 2814. Report on reorganization of Air Force Materiel Command
organizations.
Subtitle C--Energy Security
Sec. 2821. Congressional notification for contracts for the provision
and operation of energy production facilities authorized to be
located on real property under the jurisdiction of a military
department.
Sec. 2822. Availability and use of Department of Defense energy cost
savings to promote energy security.
Sec. 2823. Continuation of limitation on use of funds for Leadership in
Energy and Environmental Design (LEED) gold or platinum
certification.
Sec. 2824. Guidance on financing for renewable energy projects.
Sec. 2825. Energy savings performance contract report.
Subtitle D--Provisions Related to Asia-Pacific Military Realignment
Sec. 2831. Certification of military readiness need for a Live Fire
Training Range Complex on Guam as condition on establishment
of range complex.
Sec. 2832. Realignment of Marine Corps forces in Asia-Pacific region.
Subtitle E--Land Conveyances
Sec. 2841. Modification of authorized consideration, Broadway Complex of
the Department of the Navy, San Diego, California.
Sec. 2842. Use of proceeds, land conveyance, Tyndall Air Force Base,
Florida.
Sec. 2843. Land conveyance, John Kunkel Army Reserve Center, Warren,
Ohio.
Sec. 2844. Land conveyance, Castner Range, Fort Bliss, Texas.
Sec. 2845. Modification of land conveyance, Fort Hood, Texas.
Sec. 2846. Land conveyance, Local Training Area for Browning Army
Reserve Center, Utah.
Subtitle F--Other Matters
Sec. 2851. Modification of notice requirements in advance of permanent
reduction of sizable numbers of members of the Armed Forces at
military installations.
Sec. 2852. Acceptance of gifts and services to support military museum
programs and use of cooperative agreements with nonprofit
entities for military museum and military educational
institution programs.
Sec. 2853. Additional exemptions from certain requirements applicable to
funding for data servers and centers.
Sec. 2854. Redesignation of the Center for Hemispheric Defense Studies
as the William J. Perry Center for Hemispheric Defense
Studies.
Sec. 2855. Sense of Congress regarding establishment of military divers
memorial at Washington Navy Yard.
Sec. 2856. Limitation on availability of funds pending report regarding
acquisition of land and development of a training range
facility adjacent to the Marine Corps Air Ground Combat Center
Twentynine Palms, California.
Sec. 2857. Oversight and maintenance of closed base cemeteries overseas
containing the remains of members of the Armed Forces or
citizens of the United States.
Sec. 2858. Report on establishment of joint Armed Forces historical
storage and preservation facility.
Sec. 2859. Establishment of commemorative work to Gold Star Mothers.
Sec. 2860. Establishment of commemorative work to slaves and free Black
persons who served in American Revolution.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition project.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Authorized personnel levels of the Office of the
Administrator.
Sec. 3112. Budget justification materials.
Sec. 3113. National Nuclear Security Administration Council.
Sec. 3114. Replacement project for Chemistry and Metallurgy Research
Building, Los Alamos National Laboratory, New Mexico.
Sec. 3115. Design and use of prototypes of nuclear weapons.
Sec. 3116. Two-year extension of schedule for disposition of weapons-
usable plutonium at Savannah River Site, Aiken, South
Carolina.
Sec. 3117. Transparency in contractor performance evaluations by the
National Nuclear Security Administration leading to award
fees.
Sec. 3118. Modification and extension of authority on acceptance of
contributions for acceleration of removal or security of
fissile materials, radiological materials, and related
equipment at vulnerable sites worldwide.
Sec. 3119. Limitation on availability of funds for Center of Excellence
on Nuclear Security.
Sec. 3120. Improvement and streamlining of the missions and operations
of the Department of Energy and National Nuclear Security
Administration.
Sec. 3121. Cost-benefit analyses for competition of management and
operating contracts.
Sec. 3122. Program on scientific engagement for nonproliferation.
Sec. 3123. Cost containment for Uranium Capabilities Replacement
Project.
Subtitle C--Improvements to National Security Energy Laws
Sec. 3131. Improvements to the Atomic Energy Defense Act.
Sec. 3132. Improvements to the National Nuclear Security Administration
Act.
Sec. 3133. Consolidated reporting requirements relating to nuclear
stockpile stewardship, management, and infrastructure.
Sec. 3134. Repeal of certain reporting requirements.
Subtitle D--Reports
Sec. 3141. Reports on lifetime extension programs.
Sec. 3142. Notification of nuclear criticality and non-nuclear
incidents.
Sec. 3143. Quarterly reports to Congress on financial balances for
atomic energy defense activities.
Sec. 3144. National Academy of Sciences study on peer review and design
competition related to nuclear weapons.
Sec. 3145. Report on defense nuclear nonproliferation programs.
Sec. 3146. Study on reuse of plutonium pits.
Sec. 3147. Assessment of nuclear weapon pit production requirement.
Sec. 3148. Study on a multiagency governance model for national security
laboratories.
Sec. 3149. Report on efficiencies in facilities and functions of the
National Nuclear Security Administration.
Sec. 3150. Study on regional radiological security zones.
Sec. 3151. Report on abandoned uranium mines.
Subtitle E--Other Matters
Sec. 3161. Use of probabilistic risk assessment to ensure nuclear
safety.
Sec. 3162. Submittal to Congress of selected acquisition reports and
independent cost estimates on life extension programs and new
nuclear facilities.
Sec. 3163. Classification of certain restricted data.
Sec. 3164. Advice to President and Congress regarding safety, security,
and reliability of United States nuclear weapons stockpile and
nuclear forces.
Sec. 3165. Pilot program on technology commercialization.
Sec. 3166. Congressional advisory panel on the governance of the nuclear
security enterprise.
Subtitle F--American Medical Isotopes Production
Sec. 3171. Short title.
Sec. 3172. Definitions.
Sec. 3173. Improving the reliability of domestic medical isotope supply.
Sec. 3174. Exports.
Sec. 3175. Report on disposition of exports.
Sec. 3176. Domestic medical isotope production.
Sec. 3177. Annual Department reports.
Sec. 3178. National Academy of Sciences report.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to the Defense Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security aspects
of the merchant marine for fiscal year 2013.
Sec. 3502. Application of the Federal Acquisition Regulation.
Sec. 3503. Limitation of National Defense Reserve Fleet vessels to those
over 1,500 gross tons.
Sec. 3504. Donation of excess fuel to maritime academies.
Sec. 3505. Clarification of heading.
Sec. 3506. Transfer of vessels to the National Defense Reserve Fleet.
Sec. 3507. Amendments relating to the National Defense Reserve Fleet.
Sec. 3508. Extension of Maritime Security Fleet program.
Sec. 3509. Container-on-barge transportation.
Sec. 3510. Short sea transportation.
Sec. 3511. Maritime environmental and technical assistance.
Sec. 3512. Identification of actions to enable qualified United States
flag capacity to meet national defense requirements.
Sec. 3513. Maritime workforce study.
Sec. 3514. Maritime administration vessel recycling contract award
practices.
Sec. 3515. Requirement for barge design.
Sec. 3516. Eligibility to receive surplus training equipment.
Sec. 3517. Coordination with other laws.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
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.
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 carrier.
Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.
Sec. 126. Designation of mission modules of the Littoral Combat Ship as
a major defense acquisition program.
Sec. 127. Report on Littoral Combat Ship designs.
Sec. 128. Comptroller General review of Littoral Combat Ship program.
Sec. 129. Sense of Congress on importance of engineering in early stages
of shipbuilding.
Sec. 130. Sense of Congress on nuclear-powered ballistic submarines.
Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence
requirements.
Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014
budget request for tactical aviation aircraft.
Subtitle D--Air Force Programs
Sec. 141. Reduction in number of aircraft required to be maintained in
strategic airlift aircraft inventory.
Sec. 142. Retirement of B-1 bomber aircraft.
Sec. 143. Avionics systems for C-130 aircraft.
Sec. 144. Treatment of certain programs for the F-22A Raptor aircraft as
major defense acquisition programs.
Subtitle E--Joint and Multiservice Matters
Sec. 151. Multiyear procurement authority for V-22 joint aircraft
program.
Sec. 152. Procurement of space-based infrared systems satellites.
Sec. 153. Limitation on availability of funds for evolved expendable
launch vehicle program.
Sec. 154. Limitation on availability of funds for retirement of RQ-4
Global Hawk unmanned aircraft systems.
Sec. 155. Requirement to set F-35 aircraft initial operational
capability dates.
Sec. 156. Shallow Water Combat Submersible program.
Sec. 157. Requirement that tactical manned intelligence, surveillance,
and reconnaissance aircraft and unmanned aerial vehicles use
specified standard data link.
Sec. 158. Study on small arms and small-caliber ammunition capabilities.
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.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY CH-47
HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to section 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 contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2013 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 112. REPORTS ON AIRLIFT REQUIREMENTS OF THE ARMY.
(a) Reports.--
(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 paragraph is
a report on the time-sensitive or mission-critical airlift
requirements of the Army.
(b) Matters Included.--The reports submitted under subsection (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
contingency 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 CONSTRUCTION
AUTHORITY.
Section 121(a) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2104), as
amended by section 124 of the 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 section 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 equipment covered by the
contract. Additionally, in the event of cancellation, 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 section 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 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.
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 complex 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.
(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 COMBAT
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 General 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 Combat 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 officials,
whether such communications occurred inside or outside the Federal
Government.
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
appropriate 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 submarines is
critical to maintaining nuclear deterrence and assurance 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 transition
from Ohio class ballistic missile submarines to the replacement
submarines; and
(3) a minimum of 12 replacement ballistic missile submarines
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 operations 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 submitted
a shipbuilding and ship retirement plan to Congress that will
reduce the force to 28 vessels.
(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 acquisition cost; and
(6) maintaining a robust amphibious ship building industrial
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 AVIATION 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 INVENTORY.
(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 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 February 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 stationing,
seabasing, engineering, and infrastructure requirements 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, forward stationing,
seabasing, engineering, and infrastructure requirements and
capabilities required to support theater and tactical
deployment and distribution, including--
(i) the identification, quantification, and description
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 Department of
Defense, homeland defense, defense support to civilian
authorities, other strategic missions related to national
missions, global strike, the strategic nuclear mission, and
direct support and time-sensitive airlift missions of the
military departments.
(F) An examination, including a discussion of the
sensitivity 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 theater austerity,
based on the new global footprint and global presence
initiatives.
(G) An identification of mobility capability gaps,
shortfalls, overlaps, or excesses, including--
(i) an assessment of associated risks with respect to
the ability to conduct operations; and
(ii) recommended mitigation strategies where possible.
(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 requirements
and capabilities support the accepted balance of risk in
addressing all five categories of such challenges.
(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 scenarios
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 Program
Evaluation and the Chairman of the Joint Chiefs of Staff shall
jointly submit to the congressional defense committees 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.
(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, intertheater
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
communication, navigation, surveillance, and air traffic
management program for C-130 aircraft that is designed or
intended--
(i) to meet international communication, navigation,
surveillance, and air traffic management standards 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 an independent
cost-benefit analysis that compares the following alternatives:
(A) Upgrading and modernizing the legacy C-130 airlift
fleet using the C-130 avionics modernization program.
(B) Upgrading and modernizing the legacy C-130 airlift
fleet using a reduced scope program for avionics and mission
planning systems.
(2) Matters included.--The cost-benefit analysis conducted
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 Acquisition 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 modernization 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 performances of the
reliability and maintainability maturation program and the structural
repair program of the F-22A Raptor modernization 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 AIRCRAFT
PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to section 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 Command.
(b) 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
for that purpose for such later fiscal year.
SEC. 152. PROCUREMENT OF SPACE-BASED INFRARED SYSTEMS SATELLITES.
(a) Contract Authority.--
(1) In general.--The Secretary of the Air Force may procure 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 quantities
when cost savings are achievable; and
(B) cost-reduction initiatives.
(2) Use of incremental funding.--With respect to a contract
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 Secretary
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 paragraph
(1), the Secretary may adjust the amount set forth in subsection
(b)(1) by the following:
(A) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 2012.
(B) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 2012.
(C) The amounts of increases or decreases in costs of the
satellites that are attributable to insertion of new technology
into a space-based infrared system, as compared to the
technology built into such a system procured prior to fiscal
year 2013, if the Secretary determines, and certifies to the
congressional defense committees, that insertion of the new
technology is--
(i) expected to decrease the life-cycle cost of the
system; or
(ii) required to meet an emerging threat that poses
grave harm to national 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 Representatives 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 competitive
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 authorized 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 subsection
(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 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
acquisition strategy for the evolved expendable launch vehicle
program.
(2) The number of launch vehicle booster cores covered by the
planned contract for such program.
(3) The number of years covered by such contract.
(4) An assessment of when new entrants that have submitted a
statement of intent will be certified to compete for evolved
expendable launch vehicle-class launches.
(5) The projected launch manifest, including possible
opportunities for certified new entrants to compete for evolved
expendable launch vehicle-class launches.
(6) Any other relevant analysis used to inform the acquisition
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 General shall--
(A) submit to such committees a report on the review under
paragraph (1); or
(B) provide to such committees a briefing on such review.
(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 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, 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.
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 Secretary 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 Command, 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
program.
(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 Secretary, 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 completed
operational testing and has been found to be operationally
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--
(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 multinational
interoperability among NATO member nations.
(b) Solicitations.--The Secretary of Defense shall ensure that any
solicitation issued for a Common Data Link described in subsection (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 waveforms
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
reconnaissance 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.
(C) An assessment of the current plans of the Department 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 paragraph
(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 support 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 member of the
Armed Forces, including handguns, rifles and carbines (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 requirement.
Sec. 212. Extension of limitation on availability of funds for Unmanned
Carrier-launched Surveillance and Strike system program.
Sec. 213. Limitation on availability of funds for milestone A activities
for an Army medium range multi-purpose vertical takeoff and
landing unmanned aircraft system.
Sec. 214. Use of funds for conventional prompt global strike program.
Sec. 215. Next Generation Foundry for the Defense Microelectronics
Activity.
Sec. 216. Advanced rotorcraft initiative.
Subtitle C--Missile Defense Programs
Sec. 221. Prohibition on the use of funds for the MEADS program.
Sec. 222. Availability of funds for Iron Dome short-range rocket defense
program.
Sec. 223. Authority for relocation of certain Aegis weapon system assets
between and within the DDG-51 class destroyer and Aegis Ashore
programs in order to meet mission requirements.
Sec. 224. Evaluation of alternatives for the precision tracking space
system.
Sec. 225. Next generation Exo-atmospheric Kill Vehicle.
Sec. 226. Modernization of the Patriot air and missile defense system.
Sec. 227. Evaluation and environmental impact assessment of potential
future missile defense sites in the United States.
Sec. 228. Homeland ballistic missile defense.
Sec. 229. Regional ballistic missile defense.
Sec. 230. NATO contributions to missile defense in Europe.
Sec. 231. Report on test plan for the ground-based midcourse defense
system.
Sec. 232. Sense of Congress on missile defense.
Sec. 233. Sense of Congress on the submittal to Congress of the homeland
defense hedging policy and strategy report of the Secretary of
Defense.
Subtitle D--Reports
Sec. 241. Mission packages for the Littoral Combat Ship.
Sec. 242. Study on electronic warfare capabilities of the Marine Corps.
Sec. 243. Conditional requirement for report on amphibious assault
vehicles for the Marine Corps.
Sec. 244. Report on cyber and information technology research
investments of the Air Force.
Sec. 245. National Research Council review of defense science and
technical graduate education needs.
Subtitle E--Other Matters
Sec. 251. Eligibility for Department of Defense laboratories to enter
into educational partnerships with educational institutions in
territories and possessions of the United States.
Sec. 252. Regional advanced technology clusters.
Sec. 253. Sense of Congress on increasing the cost-effectiveness of
training exercises for members of the Armed Forces.
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,
development, test, and evaluation as specified in the funding table in
section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. NEXT-GENERATION LONG-RANGE STRIKE BOMBER AIRCRAFT NUCLEAR
CERTIFICATION 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 capability;
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 milestone.
``(2) Preliminary design review.--After the date on which the
Unmanned Carrier-launched Surveillance and Strike system program
achieves the preliminary design review milestone, 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
participating prime contractor;
``(C) the Under Secretary submits to the congressional
defense committees a report that includes--
``(i) a summary of the assessment of the preliminary
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 abbreviated
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-PURPOSE VERTICAL
TAKEOFF AND LANDING UNMANNED AIRCRAFT SYSTEM.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2013 for research,
development, test, and 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 capability
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 paragraph (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 Intelligence 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--
(A) the distribution of request for proposals;
(B) the selection of technology demonstration contractors;
and
(C) technology development.
SEC. 214. USE OF FUNDS FOR CONVENTIONAL PROMPT GLOBAL STRIKE
PROGRAM.
(a) Competitive Procedures.--Except as provided by subsection (b),
the Secretary of Defense shall ensure that any funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2013 for 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 feasible;
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 MICROELECTRONICS
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 identification of
the resources required for such purposes.
(2) The X-Plane Rotorcraft program of the Defense Advanced
Research Projects Agency with performance objectives 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 PROGRAM.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2013 for the Department of
Defense may be obligated or expended for the medium extended air
defense system.
SEC. 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 capability 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 appropriated 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 appropriated 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).
(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 subsection (a).
(d) Treatment of Transfer in Funding Destroyer Construction.--
Notwithstanding the source of funds for any equipment 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 Evaluation
completes the evaluation under subsection (b)(1); and
(2) the terms of reference for the evaluation under subsection
(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 Alternatives
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 alternatives
for such system.
(2) Basis of evaluation.--The evaluation under paragraph (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
satellites 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
differences 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
(F) any other matters the Director believes useful that do
not unduly delay completion of the evaluation.
(3) Evaluation.--In conducting the evaluation under paragraph
(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 coverage 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 subsection
(d)(1); and
(F) consider any other matters the Director believes useful
that do not unduly delay completion of the evaluation.
(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 estimate 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 congressional
defense committees the agreement entered into under paragraph (1).
(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
subsection (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
alternatives 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 subsection
(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
practicable following the date of the briefing under
subparagraph (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 assessment
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 practicable,
commonality between subsystems of a next generation exo-
atmospheric kill vehicle and other exo-atmospheric kill vehicle
programs; and
(E) meets Department of Defense criteria, as established in
the February 2010 Ballistic Missile Defense Review, for
affordability, reliability, suitability, and operational
effectiveness to defend against limited attacks from evolving
and future threats from long-range missiles.
(2) Evaluation of payloads.--The assessment required by
paragraph (1) shall include an evaluation of the potential benefits
and drawbacks of options for 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 interceptor 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 Secretary 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 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 environmental impact
statement in accordance with the National Environmental 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 subsection
(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,
sustainability, and operational performance that will allow it to
continue providing protection of the United States homeland;
(4) the Missile Defense Agency should, as its highest priority,
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, rigorous,
and operationally realistic testing program for the ground-based
midcourse defense system, including salvo testing, multiple
simultaneous engagement testing, and operational 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
(8) the Department of Defense should continue to evaluate the
evolving threat of limited ballistic missile attack, particularly
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 paragraph (1)
shall include the following:
(A) A detailed description of the actions taken or planned
to improve the reliability, availability, and capability 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 interceptor
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 appropriate.
(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 Comptroller
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 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 systems of the United States
on their territories, through individual 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 paragraph (1)
shall include the following:
(A) An assessment of the adequacy of the existing and
planned European Phased Adaptive Approach to provide force
protection for forward-deployed forces of the United States in
Europe against ballistic missile threats from Iran, and an
assessment whether adequate force protection would be available
absent the European Phased Adaptive Approach, given current and
planned Patriot, Terminal High Altitude Area Defense, and Aegis
ballistic missile defense capability.
(B) A description of the progress made in the development
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 determine 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 arrangements 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.
(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 systems 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 appropriate.
(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 MIDCOURSE
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
appropriate.
(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.
(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 Russian 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 certified 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 deployment 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 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 Consultative 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
(2) the Secretary of Defense should comply with the
requirements 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 precedes
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 capability specified for that
increment.
(3) A plan for demonstrating the survivability and lethality of
the Littoral Combat Ship with its mission packages sufficiently
early in the development phase of the system to minimize costs of
concurrency.
SEC. 242. STUDY ON ELECTRONIC WARFARE CAPABILITIES OF THE MARINE
CORPS.
(a) Study.--The Commandant of the Marine Corps shall conduct a
study on the future capabilities of the 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 Commandant of the
Marine Corps shall jointly submit to the congressional defense
committees a report that includes the following:
(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 Personnel
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 established 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 technology
priorities described in paragraph (1).
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 subsection
(a) shall address--
(1) the need by the Department of Defense and the military
departments for military and civilian personnel with advanced
degrees in 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 Department
of Defense to meet the needs identified in paragraph (1);
(4) the costs and benefits of maintaining such educational
institutions, including costs relating to 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 graduate
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 EDUCATIONAL INSTITUTIONS
IN TERRITORIES AND POSSESSIONS OF THE UNITED STATES.
(a) Eligibility of Institutions in Territories and Possessions.--
Section 2194(f) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(3) The term `United States' includes the 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 network of the
Department of Defense, including the organic industrial base, to
support regional advanced technology clusters established 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 Acquisition,
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 acquisition
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 impediments to
supporting regional advanced technology clusters; and
(6) the use of any agreements entered into under the
Intergovernmental 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-EFFECTIVENESS 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, 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 systems, 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 members of the Armed Forces.
Sec. 314. Report on status of targets in implementation plan for
operational energy strategy.
Sec. 315. Limitation on obligation of Department of Defense funds from
Defense Production Act of 1950 for biofuel refinery
construction.
Sec. 316. Sense of Congress on protection of Department of Defense
airfields, training airspace, and air training routes.
Subtitle C--Logistics and Sustainment
Sec. 321. Expansion and reauthorization of multi-trades demonstration
project.
Sec. 322. Restoration and amendment of certain provisions relating to
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 working-capital funds for product
improvements.
Sec. 333. Department of Defense national strategic ports study and
Comptroller General studies and reports on strategic ports.
Subtitle E--Reports
Sec. 341. Annual report on Department of Defense long-term corrosion
strategy.
Sec. 342. Report on joint strategy for readiness and training in a
C4ISR-denied environment.
Sec. 343. Comptroller General review of annual Department of Defense
report on prepositioned materiel and equipment.
Sec. 344. Modification of report on maintenance and repair of vessels in
foreign shipyards.
Sec. 345. Extension of deadline for Comptroller General report on
Department of Defense service contract inventory.
Subtitle F--Limitations and Extension of Authority
Sec. 351. Repeal of redundant authority to ensure interoperability of
law enforcement and emergency responder training.
Sec. 352. Aerospace control alert mission.
Sec. 353. Limitation on authorization of appropriations for the National
Museum of the United States Army.
Sec. 354. Limitation on availability of funds for retirement or
inactivation of Ticonderoga class cruisers or dock landing
ships.
Sec. 355. Renewal of expired prohibition on return of veterans memorial
objects without specific authorization in law.
Subtitle G--National Commission on the Structure of the Air Force
Sec. 361. Short title.
Sec. 362. Establishment of Commission.
Sec. 363. Duties of the Commission.
Sec. 364. Powers of the Commission.
Sec. 365. Commission personnel matters.
Sec. 366. Termination of the Commission.
Sec. 367. Funding.
Subtitle H--Other Matters
Sec. 371. Military working dog matters.
Sec. 372. Comptroller General review of handling, labeling, and
packaging procedures 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 MILITARY 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 paragraph (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:
``(6) Indian tribe.--The term `Indian tribe' means any Indian
tribe, band, nation, or other organized group or community,
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 military
installations.
(2) Elements.--The guidance issued pursuant to paragraph (1)
shall address, at a minimum, the following:
(A) The criteria for when and under what circumstances
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 identification
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).
(C) Identification of the Department of Defense's process,
and any systems, that collect and maintain exposure 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 implementation 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 implementation
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 pursuant 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 aircraft
and personnel as well as impacting training and readiness; 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 consideration given to the input provided by the military
services.
Subtitle C--Logistics and Sustainment
SEC. 321. EXPANSION AND REAUTHORIZATION OF MULTI-TRADES
DEMONSTRATION PROJECT.
(a) Expansion.--Section 338 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 5013 note), as
most recently amended by section 329 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
67), is amended--
(1) by striking subsection (a) and inserting the following new
subsection:
``(a) Demonstration Project Authorized.--In accordance with
subsection 4703 of title 5, United States Code, the Secretary of a
military department may carry out a demonstration project at facilities
described in 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.
(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 Congress 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 shortfalls 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 recommendations 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 capabilities''
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.
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 manager, 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:
``Sec. 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 services if the
Secretary determines that the agreement will serve the best interests
of the department by enhancing mission effectiveness or creating
efficiencies or economies of scale, including by reducing costs.
``(2) Notwithstanding any other provision of law, an
intergovernmental 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 appropriations
made available for that year. Funds received by the Secretary as
reimbursement for providing installation-support services pursuant 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 concerned shall
ensure that intergovernmental support agreements authorized by this
section are not used to circumvent the requirements of Office of
Management and Budget Circular A-76 regarding public-private
competitions.
``(e) Definitions.--In this section:
``(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 beginning 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 Authorization
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 Secretary
of the Army for Acquisition, Logistics, and Technology, 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 Secretary
of the Army for Acquisition, Logistics, and Technology'' and
inserting ``the Secretary concerned''.
(b) Covered Product Improvements.--Subsection (b) of such section
is amended--
(1) by inserting ``retrofit, modernization, 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
(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 Secretary 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 General 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 requirements 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 strategic
ports.
(d) Strategic Port Defined.--In this section, the term ``strategic
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.
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
available 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 subparagraph:
``(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 activities.'';
(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 consultation with
the Chairman of the Joint Chiefs of Staff, shall submit to Congress a
report on the readiness of the joint force to conduct operations in
environments where there is no access to Command, Control,
Communications, 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.
(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 Internet protocol-based
networks, and the GPS network, is denied. The plan and joint exercise
program shall include--
(1) the development of alternatives to satellite
communications, classified Internet protocol-based networks, and
GPS for logistics, intelligence, surveillance, reconnaissance, and
combat operations; and
(2) methods to mitigate dependency on satellite communications,
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
communications, 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
submitted 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 ``justification
under law'' the following: ``and operational justification'';
(2) by redesignating paragraph (4) as paragraph (5);
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) In the case of a covered vessel described in subparagraph
(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 subparagraph:
``(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 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 CONTRACT INVENTORY.
Section 803(c) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2402) is amended by striking
``180 days'' and inserting ``270 days''.
Subtitle F--Limitations and Extension of Authority
SEC. 351. REPEAL OF REDUNDANT AUTHORITY TO ENSURE INTEROPERABILITY
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 analysis 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 performing 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.
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 congressional defense
committees certification in writing that sufficient private funding has
been raised to fund the construction of the portion of the museum known
as the ``Baseline Museum'' and that at least 50 percent of the Baseline
Museum has been completed.
SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR 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 VETERANS
MEMORIAL OBJECTS WITHOUT SPECIFIC AUTHORIZATION IN LAW.
(a) Codification of Prohibition.--Section 2572 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(e)(1) Except as provided in paragraph (3), and notwithstanding
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 purposes of the ultimate
transfer or conveyance of the object to a foreign country or entity
controlled by a foreign government.
``(2) In this subsection:
``(A) The term `entity controlled by a foreign government' has
the meaning given that term in 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
specifically authorized by law; or
``(B) the transfer is made after September 30, 2017.''.
(b) Repeal of Obsolete Source Law.--Section 1051 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 10
U.S.C. 2572 note) is repealed.
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 Representatives; and
(E) one shall be appointed by the Ranking Member of the
Committee on Armed Services of the House of Representatives.
(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 subparagraph shall
expire, and the number of members of the Commission shall be
reduced by the number equal to the number otherwise appointable
under such subparagraph.
(4) Expertise.--In making appointments under this subsection,
consideration should be given to individuals with expertise 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.
(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 comprehensive
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 regular 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 committees 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 legislation
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.
SEC. 365. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission 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, without
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 personnel without
regard to chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification 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 Government
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 Services.--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 equivalent 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.
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
subsection (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:
``Sec. 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 MATERIAL 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 subsection (a)
shall address the following:
(1) The relevant statutes, regulations, and guidance and
policies of the Department of Defense pertaining to the handling,
labeling, and packaging procedures of hazardous material shipments
to support military operations.
(2) The extent to which such guidance, policies, and procedures
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 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 following:
(1) The congressional defense committees.
(2) The Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, 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.
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 subsection:
``(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 Reductions.--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 detachments at United States embassies,
consulates, and other diplomatic 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.
(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 planning,
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 Program 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.
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 SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2013, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,277.
(3) The Navy Reserve, 10,114.
(4) The Marine Corps Reserve, 2,261.
(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.
(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 technicians
employed by the Army Reserve as of September 30, 2013, may not
exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September 30,
2013, may not exceed 90.
(b) Non-dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL 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 Department of Defense for
expenses, not otherwise provided for, for military 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.
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 voluntary retirement.
Sec. 508. Air Force Chief of Chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Codification of staff assistant positions for Joint Staff
related to National Guard and Reserve matters.
Sec. 512. Automatic Federal recognition of promotion of certain National
Guard warrant officers.
Sec. 513. Availability of Transition Assistance Advisors to assist
members of reserve components who serve on active duty for
more than 180 consecutive days.
Subtitle C--General Service Authorities
Sec. 518. Authority for additional behavioral health professionals to
conduct pre-separation medical exams for post-traumatic stress
disorder.
Sec. 519. Diversity in the Armed Forces and related reporting
requirements.
Sec. 520. Limitation on reduction in number of military and civilian
personnel assigned to duty with service review agencies.
Sec. 521. Extension of temporary increase in accumulated leave carryover
for members of the Armed Forces.
Sec. 522. Modification of authority to conduct programs on career
flexibility to enhance retention of members of the Armed
Forces.
Sec. 523. Prohibition on waiver for commissioning or enlistment in the
Armed Forces for any individual convicted of a felony sexual
offense.
Sec. 524. Quality review of Medical Evaluation Boards, Physical
Evaluation Boards, and Physical Evaluation Board Liaison
Officers.
Sec. 525. Reports on involuntary separation of members of the Armed
Forces.
Sec. 526. Report on feasibility of developing gender-neutral
occupational standards for military occupational specialties
currently closed to women.
Sec. 527. Report on education and training and promotion rates for
pilots of remotely piloted aircraft.
Sec. 528. Impact of numbers of members within the Integrated Disability
Evaluation System on readiness of Armed Forces to meet mission
requirements.
Subtitle D--Military Justice and Legal Matters
Sec. 531. Clarification and enhancement of the role of Staff Judge
Advocate to the Commandant of the Marine Corps.
Sec. 532. Additional information in reports on annual surveys of the
Committee on the Uniform Code of Military Justice.
Sec. 533. Protection of rights of conscience of members of the Armed
Forces and chaplains of such members.
Sec. 534. Reports on hazing in the Armed Forces.
Subtitle E--Member Education and Training Opportunities and
Administration
Sec. 541. Transfer of Troops-to-Teachers Program from Department of
Education to Department of Defense and enhancements to the
Program.
Sec. 542. Support of Naval Academy athletic and physical fitness
programs.
Sec. 543. Expansion of Department of Defense pilot program on receipt of
civilian credentialing for military occupational specialty
skills.
Sec. 544. State consideration of military training in granting certain
State certifications and licenses as a condition on the
receipt of funds for veterans employment and training.
Sec. 545. Department of Defense review of access to military
installations by representatives of institutions of higher
education.
Sec. 546. Report on Department of Defense efforts to standardize
educational transcripts issued to separating members of the
Armed Forces.
Sec. 547. Comptroller General of the United States reports on joint
professional military education matters.
Subtitle F--Reserve Officers' Training Corps and Related Matters
Sec. 551. Repeal of requirement for eligibility for in-State tuition of
at least 50 percent of participants in Senior Reserve
Officers' Training Corps program.
Sec. 552. Consolidation of military department authority to issue arms,
tentage, and equipment to educational institutions not
maintaining units of Junior Reserve Officers' Training Corps.
Sec. 553. Modification of requirements on plan to increase the number of
units of the Junior Reserve Officers' Training Corps.
Sec. 554. Comptroller General report on Reserve Officers' Training Corps
programs.
Subtitle G--Defense Dependents' Education and Military Family Readiness
Sec. 561. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Amendments to the Impact Aid program.
Sec. 564. Transitional compensation for dependent children who are
carried during pregnancy at time of dependent-abuse offense
committed by an individual while a member of the Armed Forces.
Sec. 565. Modification of authority to allow Department of Defense
domestic dependent elementary and secondary schools to enroll
certain students.
Sec. 566. Noncompetitive appointment authority regarding certain
military spouses.
Sec. 567. Report on future of family support programs of the Department
of Defense.
Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day.
Subtitle H--Improved Sexual Assault Prevention and Response in the Armed
Forces
Sec. 570. Armed Forces Workplace and Gender Relations Surveys.
Sec. 571. Authority to retain or recall to active duty reserve component
members who are victims of sexual assault while on active
duty.
Sec. 572. Additional elements in comprehensive Department of Defense
policy on sexual assault prevention and response.
Sec. 573. Establishment of special victim capabilities within the
military departments to respond to allegations of certain
special victim offenses.
Sec. 574. Enhancement to training and education for sexual assault
prevention and response.
Sec. 575. Modification of annual Department of Defense reporting
requirements regarding sexual assaults.
Sec. 576. Independent reviews and assessments of Uniform Code of
Military Justice and judicial proceedings of sexual assault
cases.
Sec. 577. Retention of certain forms in connection with Restricted
Reports on sexual assault at request of the member of the
Armed Forces making the report.
Sec. 578. General or flag officer review of and concurrence in
separation of members of the Armed Forces making an
Unrestricted Report of sexual assault.
Sec. 579. Department of Defense policy and plan for prevention and
response to sexual harassment in the Armed Forces.
Subtitle I--Suicide Prevention and Resilience
Sec. 580. Enhancement of oversight and management of Department of
Defense suicide prevention and resilience programs.
Sec. 581. Reserve component suicide prevention and resilience program.
Sec. 582. Comprehensive policy on prevention of suicide among members of
the Armed Forces.
Sec. 583. Study of resilience programs for members of the Army.
Subtitle J--Other Matters
Sec. 584. Issuance of prisoner-of-war medal.
Sec. 585. Technical amendments relating to the termination of the Armed
Forces Institute of Pathology under defense base closure and
realignment.
Sec. 586. Modification of requirement for reports in Federal Register on
institutions of higher education ineligible for contracts and
grants for denial of ROTC or military recruiter access to
campus.
Sec. 587. Acceptance of gifts and services related to educational
activities and voluntary services to account for missing
persons.
Sec. 588. Display of State, District of Columbia, commonwealth, and
territorial flags by the Armed Forces.
Sec. 589. Enhancement of authorities on admission of defense industry
civilians to certain Department of Defense educational
institutions and programs.
Sec. 590. Extension of authorities to carry out a program of referral
and counseling services to veterans at risk of homelessness
who are transitioning from certain institutions.
Sec. 591. Inspection of military cemeteries under the jurisdiction of
Department of Defense.
Sec. 592. Report on results of investigations and reviews conducted with
respect to Port Mortuary Division of the Air Force Mortuary
Affairs Operations Center at Dover Air Force Base.
Sec. 593. Preservation of editorial independence of Stars and Stripes.
Sec. 594. National public awareness and participation campaign for
Veterans' History Project of American Folklife Center.
Sec. 595. Report on accuracy of data in the Defense Enrollment
Eligibility Reporting System.
Sec. 596. Sense of Congress that the bugle call commonly known as Taps
should be designated as the National Song of Military
Remembrance.
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:
``(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
redesignating 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
Secretary 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 MINIMUM 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 ``September
30, 2018''.
(b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such title is
amended by striking ``September 30, 2013'' and inserting ``September
30, 2018''.
(c) Air Force.--Section 8911(b)(2) of such title is amended by
striking ``September 30, 2013'' and inserting ``September 30, 2018''.
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
following: ``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:
``Sec. 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 is recommended by a
board of officers that, insofar as practicable, is subject to the
procedures applicable to the selection boards convened 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 beginning 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 MATTERS.
(a) Codification of Existing Positions.--Chapter 5 of title 10,
United States Code, is amended by inserting after section 155 the
following new section:
``Sec. 155a. Assistants to the Chairman of the Joint Chiefs of Staff
for National Guard matters and Reserve matters
``(a) Establishment of Positions.--The Secretary of Defense shall
establish the following positions within the Joint Staff:
``(1) Assistant to the Chairman of the Joint Chiefs of Staff
for National Guard Matters.
``(2) Assistant to the Chairman of the Joint Chiefs of Staff
for Reserve Matters.
``(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 experience, 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 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 Chairman 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 components within the armed forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item related to section
155 the following new item:
``155a. Assistants to the Chairman of the Joint Chiefs of Staff for
National Guard matters and 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 automatically
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 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 individual
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 Department 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 transition
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 Secretary 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 appropriated
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.
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
psychiatric advanced practice registered nurse''; and
(2) in paragraph (3), by striking ``or psychiatrist'' and
inserting ``, psychiatrist, licensed clinical social worker, or
psychiatric advanced practice registered nurse''.
SEC. 519. DIVERSITY IN THE ARMED FORCES AND RELATED REPORTING
REQUIREMENTS.
(a) Plan to Achieve Military Leadership Reflecting Diversity 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:
``Sec. 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 officers and senior enlisted personnel of each armed
force, will reflect the diverse population of the United States
eligible to serve in the armed forces, including gender specific,
racial, and ethnic populations. Any metric established pursuant to this
subsection may not be used in a manner that undermines the merit-based
processes of the Department of Defense 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 diversified 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.
``(c) Definition of Diversity.--In developing and implementing 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 covered 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
general 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;
(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 submits 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 Committee on Transportation and
Infrastructure, and the Committee 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 MEMBERS 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
subsection (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 accumulated in
accordance with section 701 of title 10, United States Code, but
not to exceed 60 days.''.
(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 ENLISTMENT IN
THE ARMED FORCES FOR ANY INDIVIDUAL CONVICTED 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 convicted
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, PHYSICAL
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 program
shall be as follows:
(1) To ensure accuracy and consistency in the determinations
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 Evaluation 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 Secretary shall submit to
the appropriate committees of Congress 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 Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee 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 subsection (a)
shall set forth the following for the period covered by the report:
(1) The total number members of that Armed Force involuntarily
separated from active duty in the Armed Forces (for reasons other
than for cause) to meet force reduction requirements.
(2) The number of members covered by paragraph (1) separately
set forth by grade, by total years of service in the Armed Forces
at the time of separation, and by military occupational 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 separation.
(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 OCCUPATIONAL SPECIALTIES
CURRENTLY CLOSED TO WOMEN.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report evaluating the feasibility of incorporating gender-
neutral occupational standards for military occupational specialties
closed, as of the date of the enactment of this Act, to female members
of the Armed Forces.
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 READINESS OF ARMED FORCES TO MEET
MISSION REQUIREMENTS.
(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 Disability 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 Appointment to Grade
of Major General.--Subsection (a) of section 5046 of title 10, United
States Code, is amended--
(1) in the first sentence, by striking ``detailed'' and
inserting ``appointed by the President, by and with the advice and
consent of the Senate,''; and
(2) by striking the second sentence and inserting the following
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 immediately before the appointment,
the officer shall be appointed in the grade of major general.''.
(b) Duties, Authority, and Accountability.--Such section is further
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) The Staff Judge Advocate to the Commandant of the Marine
Corps, under the direction of the Commandant of the Marine Corps and
the Secretary of the Navy, shall--
``(1) perform such duties relating to legal matters arising in
the Marine Corps as may be assigned to the Staff Judge Advocate;
``(2) perform the functions and duties, and exercise the
powers, prescribed for the Staff Judge Advocate to the Commandant
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
paragraph (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 Advocate
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 SURVEYS 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):
``(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 command
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 participate 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 accommodate 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 Conscience, Moral
Principles, or Religious Beliefs.--No member of the Armed Forces may--
(1) require a chaplain to perform any rite, ritual, or ceremony
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 regulations
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 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
Secretary 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 subsection (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 Representatives.
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.
(a) Transfer of Functions.--
(1) Transfer.--The responsibility and authority for operation
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.
(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 paragraph (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 subsection (a) of
section 1154 of title 10, United States Code, as added by
subsection (b)).
(B) Advise the Department of Defense on how to prepare
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 identify
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:
``Sec. 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 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 assistance 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 indicators;
``(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 Program.
``(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
``(ii) experiencing a shortage of teachers, in
particular a shortage of science, mathematics, special
education, 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 paragraph
(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 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 language,
or career or technical subjects; and
``(ii) agree to seek employment as science,
mathematics, 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 subsection
(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 appropriations 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 subsection (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--
``(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
Secretary determines such waiver to be appropriate. If the
Secretary provides the waiver, the participant shall not be
considered 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; exceptions.--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 reimbursement
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 participant.
``(B)(i) Subject to subparagraph (C), the Secretary may pay a
bonus to a participant who agrees in the participation agreement
under paragraph (1) to accept full-time employment as an elementary
school teacher, secondary school teacher, or career or technical
teacher for not less than three school years in an eligible school.
``(ii) The amount of the bonus may not exceed $5,000, unless
the eligible school is a high-need school, in which case the amount
of the bonus may not exceed $10,000. Within such limits, the bonus
may vary by participant and may take into account the priority
placements as determined by the Secretary.
``(C)(i) The total number of stipends that may be paid under
subparagraph (A) in any fiscal year may not exceed 5,000.
``(ii) The total number of bonuses that may be paid under
subparagraph (B) in any fiscal year may not exceed 3,000.
``(iii) A participant may not receive a stipend under
subparagraph (A) if the participant is eligible for benefits under
chapter 33 of title 38.
``(iv) The combination of a stipend under 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 participant 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
technical teacher as required by the participation agreement
under subsection (e)(1).
``(B) The participant voluntarily leaves, or is terminated
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 violation 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 disabled 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 Montgomery 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 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 employment 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 agreement 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:
``Sec. 6981. Support of athletic and physical fitness programs
``(a) Authority.--
``(1) Contracts and cooperative agreements.--The Secretary 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.--Notwithstanding
section 1342 of title 31, the Secretary may accept from the
Association funds, supplies, and services for the support 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
contributions 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 responsibility 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 agreements.--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.
``(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 Maryland,
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 `Association'
means the Naval Academy Athletic Association.''.
(b) Clerical Amendment.--The table of sections at the beginning 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
paragraph:
``(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 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
certification 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 certification 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 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 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 results of the review required by subsection (a). The
report shall include any recommendations 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 STANDARDIZE
EDUCATIONAL TRANSCRIPTS ISSUED TO SEPARATING 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 members 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 Department, 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 educational
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 MATTERS.
(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 examination 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
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 performed by
joint professional military education research institutions 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 education
colleges and universities for oversight, governance, and
management of the joint professional military education
research institutions, including systems, mechanisms, and
structures relating to the development of policies and budgets
for research.
(B) The factors contributing to and the extent of growth in
the number and size of joint professional military education
research institutions since 2000.
(C) The causes and extent of cost growth at joint
professional 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 education
colleges and universities, and other oversight entities to
evaluate the performance of the joint professional military
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 colleges
and universities for which research is the primary mission or
reason for existence.
(B) The term ``senior and intermediate joint professional
military education colleges and universities'' means the
following:
(i) The National Defense University.
(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 EDUCATIONAL 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:
``Sec. 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, tentage,
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 beginning 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 beginning 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.
SEC. 553. MODIFICATION OF REQUIREMENTS ON PLAN TO INCREASE THE
NUMBER OF UNITS OF THE JUNIOR RESERVE OFFICERS' 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 determine
that the level of support of all kinds (including appropriated
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 amendments
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 current
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, 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 planning
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 assessment 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 EDUCATIONAL
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 specified in the funding
table in section 4301, $25,000,000 shall be available only for the
purpose of providing assistance to local educational 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 subsection (b) of section 572 of the
National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C.
7703b).
(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 federal
property.--
``(A) In general.--In determining the estimated taxable
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 of 2
or more local educational agencies, such a local educational
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 subsection (b)(1)(C).
``(ii) Exception.--In calculating such average payment
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, inclusive, 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 succeeding
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 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 maximum
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 subsection (b) and
multiply the agency's maximum payment 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
maximum 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 undergoing
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 paragraph
(1)(D)(i), the Secretary shall consider those children 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 paragraph (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 children
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 educational
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
Development that those children would have resided in housing
on Indian lands if the housing was not undergoing renovation 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 renovation
or rebuilding; or
``(ii) the total number of Federally connected children
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
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 educational 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 insufficient 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 subsection (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 subsection 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 INDIVIDUAL 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''.
(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 SECONDARY 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' Education 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 necessary
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 Secretary of Defense,
the Secretary may authorize the enrollment in the virtual elementary
and secondary education program established 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 operated
by a local educational agency or another accredited educational
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:
``Sec. 3330d. Appointment of certain military spouses
``(a) Definitions.--In this section:
``(1) The term `active duty'--
``(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 station'
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
``(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 subparagraphs (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 disabled 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 military
spouses), in accordance with the amendment made by subsection (a) and
promulgate or amend any other regulations necessary 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 program.
(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 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 Prevention and Response in the
Armed Forces
SEC. 570. ARMED FORCES WORKPLACE AND GENDER RELATIONS SURVEYS.
(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
paragraph (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, harassment,
or assault as the Secretary of Defense considers appropriate.''.
(b) Time for Conducting of Surveys.--Such section is further
amended--
(1) in subsection (a)(1), by striking ``four quadrennial
surveys (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.''.
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:
``Sec. 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 Secretary 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 subsection
(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 beginning 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 sexual 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:
(1) Subject to subsection (b), a requirement that the Secretary
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 disposition is court martial,
nonjudicial punishment, or other administrative 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 concerned
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 thereafter 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
effectiveness of such response.
(4) A requirement to post and widely disseminate information
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 experiences 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 Unrestricted
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 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 counseling or
intervention.
(2) Retention of records.--The Secretary of Defense shall
require that--
(A) the disposition records established pursuant to
subsection (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 Justice).
(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 ALLEGATIONS OF CERTAIN SPECIAL
VICTIM OFFENSES.
(a) Establishment Required.--Under regulations prescribed by the
Secretary of Defense, the Secretary of each military department 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 special
victim capabilities will be established within the military
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 support 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 subsection (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 Secretaries
of the military departments to measure the effectiveness and impact
of the special victim capabilities from the investigative,
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 subsections:
``(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 prevent potential
incidents of sexual assault.
``(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 available
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 administratively
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 honorable)
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.
``(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 punishment,
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, commands,
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 commands
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 recommendations regarding
how to improve the effectiveness of such systems.
(2) Judicial proceedings since fiscal year 2012 amendments.--
The Secretary of Defense shall establish a panel to conduct an
independent review and assessment of judicial proceedings conducted
under the Uniform Code of Military Justice involving adult sexual
assault and related offenses since the 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 collectively
possess expertise in military law, civilian law, the investigation,
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 appointments to
the panel required by subsection (a)(1) shall be made not later
than 120 days after the date of the enactment 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 appointment 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.
(2) Judicial proceedings panel.--
(A) First report.--The panel established under subsection
(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 subsection
(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 effectiveness 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 protection to victims and
the identification of civilian best practices that may be
incorporated into any phase of the military 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.
(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 provided 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 considers
appropriate.
(2) Judicial proceedings panel.--The panel required by
subsection (a)(2) shall perform the following duties:
(A) Assess and make recommendations for improvements in the
implementation of the reforms to the offenses relating to rape,
sexual assault, and other sexual misconduct 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 proceedings,
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 description 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 determined to be inadmissible.
(F) Review and assess those instances in which evidence 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 paragraph
(1)(D), assess the trends in the training and experience 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.
(I) Monitor the implementation of the April 20, 2012,
Secretary of Defense policy memorandum regarding withholding
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 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 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 Department of Defense
Directive-Type Memorandum (DTM) 11-062, entitled ``Document
Retention in Cases of Restricted and Unrestricted 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 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 developed under
subsection (a).
(d) Application of Policy.--The policy developed under subsection
(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 PREVENTION 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 provide 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 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 Substantiated 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 members 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 Readiness, 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
responsibilities as follows:
(1) To establish a uniform definition of resiliency for use in
the suicide prevention and resilience programs and preventative
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 RESILIENCE
PROGRAM.
(a) Codification, Transfer of Responsibility, and Extension.--
(1) In general.--Chapter 1007 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 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 section 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 military
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 Secretary
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 terminate
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.''.
(b) Repeal of Superseded Provision.--Subsection (i) of section 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 Secretary shall consider recommendations
from the operational elements 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 associated 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 preventative
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 providers
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 completed
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 appropriate
in connection with the prevention of suicide among members.
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 scientific 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-
destructive 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 techniques,
utilization of positive psychology.
(3) Such recommendations or other information as the Secretary
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 subsections
(c) through (i), respectively; and
(3) by inserting after subsection (a) the following new
subsection (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 by paragraph (1), (2),
or (3) of subsection (a), but which the Secretary 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 FEDERAL
REGISTER ON INSTITUTIONS OF HIGHER EDUCATION 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 EDUCATIONAL
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, COMMONWEALTH, 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 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:
``Sec. 2249b. Display of State, District of Columbia, commonwealth, and
territorial flags by the armed forces''.
(2) Table of sections.--The table of sections at the beginning
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 PROGRAMS.
(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 continuing
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 continuing
education certificate'' after ``graduate degree''; and
(2) in paragraph (3), by inserting before the period at the end
the following: ``or an appropriate professional continuing
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 Development 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 Committees on Armed Services of the Senate and the House of
Representatives 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 JURISDICTION
OF DEPARTMENT OF DEFENSE.
(a) DOD Inspector General Inspection of Arlington National Cemetery
and United States Soldiers' and Airmen's 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
Secretary''; 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 paragraph (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 Installations.--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 DIVISION OF THE AIR FORCE MORTUARY
AFFAIRS OPERATIONS 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 preparation of the
remains of deceased members of the Armed Forces and civilians at the
Port Mortuary Division of the Air Force Mortuary 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 Independent
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 improvement 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 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 CAMPAIGN 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 awareness 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 throughout 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 practicable, 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 representation
of veterans under section 5902 of title 38, United States Code.
SEC. 595. REPORT ON ACCURACY OF DATA IN THE DEFENSE ENROLLMENT
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 contained 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.
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 allowance for housing under certain circumstances.
Sec. 603. Basic allowance for housing for two-member couples when one
member is on sea duty.
Sec. 604. Rates of basic allowance for housing for members performing
active Guard and Reserve duty.
Sec. 605. Payment of benefit for nonparticipation of eligible members in
Post-Deployment/Mobilization Respite Absence program due to
Government error.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Increase in maximum amount of officer affiliation bonus for
officers in the Selected Reserve.
Sec. 617. Increase in maximum amount of incentive bonus for reserve
component members who convert military occupational specialty
to ease personnel shortages.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Permanent change of station allowances for members of Selected
Reserve units filling a vacancy in another unit after being
involuntarily separated.
Sec. 622. Authority for comprehensive program for space-available travel
on Department of Defense aircraft.
Subtitle D--Benefits and Services for Members Being Separated or
Recently Separated
Sec. 631. Extension of authority to provide two years of commissary and
exchange benefits after separation.
Sec. 632. Transitional use of military family housing.
Subtitle E--Disability, Retired Pay, and Survivor Benefits
Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan
premiums when participant waives retired pay to provide a
survivor annuity under Federal Employees Retirement System and
terminating payment of the Survivor Benefit Plan annuity.
Sec. 642. Repeal of automatic enrollment in Family Servicemembers' Group
Life Insurance for members of the Armed Forces married to
other members.
Sec. 643. Clarification of computation of combat-related special
compensation for chapter 61 disability retirees.
Subtitle F--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 651. Repeal of certain recordkeeping and reporting requirements
applicable to commissary and exchange stores overseas.
Sec. 652. Treatment of Fisher House for the Families of the Fallen and
Meditation Pavilion at Dover Air Force Base, Delaware, as a
Fisher House.
Subtitle G--Military Lending
Sec. 661. Additional enhancements of protections on consumer credit for
members of the Armed Forces and their dependents.
Sec. 662. Effect of violations of protections on consumer credit
extended to members of the Armed Forces and their dependents.
Sec. 663. Consistent definition of dependent for purposes of applying
limitations on terms of consumer credit extended to certain
members of the Armed Forces and their dependents.
Subtitle H--Military Compensation and Retirement Modernization
Commission
Sec. 671. Purpose, scope, and definitions.
Sec. 672. Military Compensation and Retirement Modernization Commission.
Sec. 673. Commission hearings and meetings.
Sec. 674. Principles and procedure for Commission recommendations.
Sec. 675. Consideration of Commission recommendations by the President.
Sec. 676. Executive Director.
Sec. 677. Staff.
Sec. 678. Judicial review precluded.
Sec. 679. Termination.
Sec. 680. Funding.
Subtitle I--Other Matters
Sec. 681. Equal treatment for members of Coast Guard Reserve called to
active duty under title 14, United States Code.
Sec. 682. Report regarding Department of Veterans Affairs claims process
transformation plan.
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 services 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 COUPLES 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.
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 subparagraph (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 department,
with the approval of the Secretary of Defense, may pay a member
covered by paragraph (1) and under the jurisdiction 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.--
(1) In general.--Upon application, the Secretary concerned
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 representative.
(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 subsection shall
be in lieu of any entitlement of the individual concerned 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 Congress
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'':
(1) Section 308b(g), relating to Selected Reserve reenlistment
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 commuting
distance.
(8) Section 910(g), relating to income replacement payments for
reserve component members experiencing extended and frequent
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
registered 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
specialties.
(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-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive 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
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to high
priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT 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
officers 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''.
SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE BONUS FOR RESERVE
COMPONENT MEMBERS WHO CONVERT MILITARY 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 MEMBERS OF
SELECTED RESERVE UNITS FILLING A VACANCY IN ANOTHER UNIT AFTER
BEING INVOLUNTARILY SEPARATED.
(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 conditions (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''.
(b) Travel and Transportation Allowances for Dependents and
Household Effects.--Section 476 of such title is amended--
(1) by redesignating subsections (l), (m), and (n) as
subsections (m), (n), and (o), respectively; and
(2) by inserting after subsection (k) the following new
subsection (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 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.
``(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 AIRCRAFT.
(a) Program Authorized.--Section 2641b of title 10, United States
Code, is amended to read as follows:
``Sec. 2641b. Space-available travel on Department of Defense aircraft:
program authorized and eligible recipients
``(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.
``(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 program.
``(c) Eligible Individuals.--Subject to subsection (d), the
Secretary 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 regulations.
``(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 considerations
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 Need Certain
Health Care Services.--(1) Notwithstanding subsection (d)(1), in
establishing space-available transportation priorities 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 possession
of the United States; and
``(B) is referred by a military or civilian primary care
provider 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 beginning 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 authorized and eligible recipients.''.
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.
(a) Extension of Authority.--Section 1146 of title 10, United
States Code, is amended--
(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 Secretary.--Such
section is further amended--
(1) in subsection (a), by striking ``The Secretary of
Transportation'' and inserting ``The Secretary concerned''; and
(2) in subsection (b), by striking ``The Secretary of Homeland
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 Allowance 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 Secretary.--Subsection
(a)(2) of such section is further amended by striking ``The Secretary
of Transportation'' and inserting ``The Secretary 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
TERMINATING 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
(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 MEMBERS OF THE ARMED FORCES MARRIED TO
OTHER MEMBERS.
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 Nonappropriated Fund Instrumentality
Benefits 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--
(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 paragraphs
(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 Residents.--
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
authorized Fisher House residents;'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new
paragraph:
``(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 paragraph
(1) that is located in proximity to a health care facility of
the Army, the Air Force, or the Navy, the following 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 overseas.
``(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 Designation.--Section
643 of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1466) is repealed.
Subtitle G--Military Lending
SEC. 661. ADDITIONAL ENHANCEMENTS OF PROTECTIONS ON CONSUMER CREDIT
FOR MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS.
(a) Protections Against Differential Treatment on Consumer 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 subsection (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 specifies 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), 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 harassment.--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 notwithstanding
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 limitations.--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.''.
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 uniformed services; and
(3) modernize and achieve fiscal sustainability for the
compensation 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, survivors,
and other persons authorized to receive such payments as a
result of their connection to the members 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,
territories, 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
(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 services about remaining in the
those services; and
(B) closely weigh its recommendations regarding the web of
interrelated programs supporting spouses and families 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 Compensation 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 systems''
means the military compensation system and the military retirement
system.
(5) The term ``military compensation system'' means provisions
of law providing eligibility for and the computation of military
compensation, including regular military compensation, 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 retirement
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 MODERNIZATION
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 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 Representatives, in
consultation with the Ranking Member of the Committee on Armed
Services of the House of Representatives, 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 retirement.
(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 uniformed
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 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 comments
from the general public and interested parties on measures 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 solicitation and
shall end on or before the date on which the Secretary transmits
the recommendations of the Secretary to the Commission 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 identify 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 RECOMMENDATIONS.
(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 recommendations 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 retirement 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 retirement 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 compensation and retirement
systems.
(c) Presidential Principles.--Not later than five months after the
Commission establishment date, the President shall establish and
transmit to the Commission and Congress principles for modernizing the
military compensation and retirement systems. The principles
established by the President shall address the following:
(1) Maintaining recruitment and retention of the best military
personnel.
(2) Modernizing the regular and reserve military compensation
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
compensation 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 recommendations to Congress.
(2) Development of recommendations.--The Secretary shall
develop the recommendations of the Secretary under paragraph (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 concerning 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 information used by
the Secretary to prepare the recommendations of the Secretary under
paragraph (1).
(e) Commission Hearings on Recommendations of Secretary.--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 Commission
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 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 subsection (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 transmitted to the
President under paragraph (1).
(3) Procedures for changing recommendations of secretary.--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 paragraph (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 transmits its report to
the President under section 674, the President shall transmit to the
Commission and to Congress a report containing the approval or
disapproval by the President of the recommendations of the Commission
in the report.
(b) Presidential Approval.--If in the report under subsection (a)
the President approves all the recommendations of the Commission, 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 subsection
(a) the President disapproves the recommendations of 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 President under
subsection (a) disapproving the recommendations of the Commission,
the Commission shall transmit to the President revised
recommendations for the modernization of the military compensation
and retirement systems, together with revised legislative language
to implement the revised recommendations of the Commission.
(3) Action on revised recommendations.--If the President
approves all of the revised recommendations of the Commission
transmitted pursuant to paragraph (2), the President 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 transmittal 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 Executive
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 Department 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 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 Department 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 Commission
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 section 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.--
(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 Committees 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 subsection
(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, Transformation 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 the
Texas Veterans Commission and other State or local agencies
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 appropriate. Such
plan shall include--
(A) a description of how the Secretary intends to leverage
such partnerships with non-Federal entities to eliminate 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
formulary.
Sec. 703. Modification of requirements on mental health assessments for
members of the Armed Forces deployed in connection with a
contingency operation.
Sec. 704. Use of Department of Defense funds for abortions in cases of
rape and incest.
Sec. 705. Pilot program on certain treatments of autism under the
TRICARE program.
Sec. 706. Pilot program on enhancements of Department of Defense efforts
on mental health in the National Guard and Reserves through
community partnerships.
Sec. 707. Sense of Congress on health care for retired members of the
uniformed services.
Subtitle B--Health Care Administration
Sec. 711. Authority for automatic enrollment in TRICARE Prime of
dependents of members in pay grades above pay grade E-4.
Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the
TRICARE program.
Sec. 713. Clarification of applicability of certain authority and
requirements to subcontractors employed to provide health care
services to the Department of Defense.
Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE
program.
Sec. 715. Requirement to ensure the effectiveness and efficiency of
health engagements.
Sec. 716. Pilot program for refills of maintenance medications for
TRICARE for Life beneficiaries through the TRICARE mail-order
pharmacy program.
Subtitle C--Mental Health Care and Veterans Matters
Sec. 723. Sharing between Department of Defense and Department of
Veterans Affairs of records and information retained under the
medical tracking system for members of the Armed Forces
deployed overseas.
Sec. 724. Participation of members of the Armed Forces in peer support
counseling programs of the Department of Veterans Affairs.
Sec. 725. Research and medical practice on mental health conditions.
Sec. 726. Transparency in mental health care services provided by the
Department of Veterans Affairs.
Sec. 727. Expansion of Vet Center Program to include furnishing
counseling to certain members of the Armed Forces and their
family members.
Sec. 728. Organization of the Readjustment Counseling Service in the
Department of Veterans Affairs.
Sec. 729. Recruitment of mental health providers for furnishing mental
health services on behalf of the Department of Veterans
Affairs without compensation from the Department.
Sec. 730. Peer support.
Subtitle D--Reports and Other Matters
Sec. 731. Plan for reform of the administration of the military health
system.
Sec. 732. Future availability of TRICARE Prime throughout the United
States.
Sec. 733. Extension of Comptroller General report on contract health
care staffing for military medical treatment facilities.
Sec. 734. Extension of Comptroller General report on women-specific
health services and treatment for female members of the Armed
Forces.
Sec. 735. Study on health care and related support for children of
members of the Armed Forces.
Sec. 736. Report on strategy to transition to use of human-based methods
for certain medical training.
Sec. 737. Study on incidence of breast cancer among members of the Armed
Forces serving on active duty.
Sec. 738. Performance metrics and reports on Warriors in Transition
programs of the military departments.
Sec. 739. Plan to eliminate gaps and redundancies in programs of the
Department of Defense on psychological health and traumatic
brain injury.
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.
(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 provide 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 concerned, 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--
(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 Cosmetic 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 committee''.
(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,''.
SEC. 703. MODIFICATION OF REQUIREMENTS ON MENTAL HEALTH ASSESSMENTS
FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN CONNECTION WITH A
CONTINGENCY OPERATION.
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 program
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 PARTNERSHIPS.
(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.
(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 treatments of
mental health and substance use disorders and traumatic brain
injury described in paragraph (1).
(3) Outreach and education to such members, their families and
caregivers, and the public about mental health and substance 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 provided treatment or services by
community partners, and a description 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 traumatic brain injury.
SEC. 707. SENSE OF CONGRESS ON HEALTH CARE FOR RETIRED MEMBERS 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 extraordinary 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 contributions 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 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 PROGRAM 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 subsection
(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 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 DEPARTMENT OF DEFENSE.
(a) Applicability of Federal Tort Claims Act to Subcontractors.--
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 provide
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 EFFICIENCY 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 security goals of the United
States.
(b) Process Goals.--The Assistant Secretary of Defense for Health
Affairs shall ensure that each process developed under subsection (a)--
(1) assesses the operational mission capabilities of the health
engagement;
(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 coordination 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 MEDICATIONS 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 program
under subsection (a).
(2) Supply.--In carrying out the pilot program under subsection
(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.
(d) Regulations.--The Secretary shall prescribe regulations to
carry out the pilot program under subsection (a), including regulations
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 beneficiary
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 uniformed 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 beneficiary
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 DEPARTMENT OF
VETERANS AFFAIRS OF RECORDS AND INFORMATION RETAINED UNDER THE
MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE ARMED FORCES DEPLOYED
OVERSEAS.
(a) In General.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly enter into a memorandum of understanding
providing for the sharing by the Department of Defense with the
Department of Veterans Affairs of the results of examinations 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 Veterans Affairs.
SEC. 724. PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN PEER
SUPPORT COUNSELING PROGRAMS OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Participation.--
(1) In general.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly enter into a memorandum of
understanding providing for members of the Armed 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 theater 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 treatment 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
Secretary considers appropriate with respect to such translation.
SEC. 726. TRANSPARENCY IN MENTAL HEALTH CARE SERVICES PROVIDED 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 comprehensive
assessment of the following:
(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 Services.--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 standards 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
committee--
(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, Operation 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, veterans
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 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 arrangements 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 recommendations 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
provision of other consultation to the Secretary by the study
committee 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 Representatives 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 following:
(A) The measures and guidelines developed and implemented
under this section.
(B) An assessment of the performance of the Department
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 subsection (c)(5)
a report on the Secretary's progress in developing 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 implementation 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 guidelines.
(C) An assessment of the mental health care services
furnished by the Department, using the measures developed 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 administrative
action as the Secretary may have to improve the effectiveness
and efficiency of the mental health care services 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 guidelines
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 FURNISHING
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 individual
referred to in subparagraph (C), the Secretary shall
furnish counseling, including by furnishing counseling
through a Vet Center, to the individual--
``(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
readjusting to civilian life, to the degree that counseling
furnished to such individual is found to aid in the
readjustment 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 difficulties
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 associated
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 hostilities 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 physical 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--
``(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 individual a
comprehensive individual assessment as described in
paragraph (1)(B)'';
(2) in subsection (b)(1), by striking ``physician or
psychologist'' 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 operated
by the Department for the provision of services under this section
and which is situated apart from Department general 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 paragraph
(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.''.
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:
``Sec. 7309. Readjustment Counseling Service
``(a) In General.--There is in the Veterans Health Administration a
Readjustment Counseling Service. The Readjustment Counseling 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 Counseling
Service shall be the Chief Officer of the Readjustment Counseling
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 association;
``(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 Readjustment
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 Administration.
``(2) The Readjustment Counseling Service shall provide counseling
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.
``(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
Counseling 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 beginning 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
paragraph (7):
``(7) A Readjustment Counseling Service.''.
SEC. 729. RECRUITMENT OF MENTAL HEALTH PROVIDERS FOR FURNISHING
MENTAL HEALTH SERVICES ON BEHALF OF THE DEPARTMENT OF VETERANS
AFFAIRS WITHOUT COMPENSATION FROM THE DEPARTMENT.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a national program of outreach to societies, community organizations,
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 development 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 subsection (a) in order to maximize the availability and
efficient delivery of mental health services to veterans by such
societies, organizations, and government entities.
(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 sufficient
understanding of military-specific and service-specific culture, combat
experience, and other factors that are unique to the experience of
veterans who served in Operation Enduring Freedom, Operating 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 Omnibus
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
appropriate, the Secretary shall carry out the peer support program
under this subsection at each Department medical center.''.
(4) Deadline for commencement of program.--The Secretary 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 Department 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 Veterans
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 Services 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 Department of Veterans
Affairs medical center, as required by subsection (e) of such
section (as added by paragraph (1)), not later than 270 days after
the date of the enactment of this Act.
Subtitle D--Reports and Other Matters
SEC. 731. PLAN FOR REFORM OF THE ADMINISTRATION OF THE MILITARY
HEALTH SYSTEM.
(a) Detailed Plan.--In implementing reforms to the governance 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 technology,
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 subsection
(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 September 30,
2013.
(d) Limitations.--
(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 General of the
United States shall submit to the congressional defense committees
a review of the contents of the plan submitted under each of
paragraphs (1) and (2) to assess whether the Secretary of Defense
meets the requirements of such contents.
(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 professional support
services.
(C) Operation and maintenance, Defense Health Program, for
travel.
(D) Operation and maintenance, Defense Health Program, 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
availability of TRICARE Prime for eligible beneficiaries (other
than eligible beneficiaries on active duty in the Armed Forces)
under newly awarded TRICARE managed care contracts, 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.
(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 appropriate.
(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 subsection (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 CONTRACT
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 CHILDREN 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.
(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 specialty
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 congressional
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 Secretary 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 methods to refine,
reduce, and, when appropriate, transition 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 animals
in medical education and training.
(C) Any risks associated with transitioning to human-based
training methods, including resource availability, anticipated
technological development timelines, and potential impact on
the present combat trauma training curricula.
(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 medical 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 procedures.
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.
(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
military 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
understanding of the Department of Defense of the incidence of
breast cancer among such members.
(8) An assessment of the effectiveness of outreach to members
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 congressional
defense committees a report on the findings and recommendations 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 DEPARTMENTS.
(a) Metrics Required.--The Secretary of Defense shall establish a
policy containing uniform performance outcome measurements 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 appropriate.
(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 program.
(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 population
of members in Warriors in Transition programs, as appropriate; and
(2) shall include parameters for specific outcome measurements
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 members in
Warriors in Transition programs in each specific 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 assistance;
(iv) any differences in outcomes in Warriors in
Transition programs, and the reason for any such
differences; 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 section, 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 follows:
(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 Operations
Command.
SEC. 739. PLAN TO ELIMINATE GAPS AND REDUNDANCIES IN PROGRAMS OF
THE DEPARTMENT OF DEFENSE ON PSYCHOLOGICAL 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 educate
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-traumatic 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 psychological 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 programs.
(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, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Treatment of procurements on behalf of the Department of
Defense through the Work for Others program of the Department
of Energy.
Sec. 802. Review and justification of pass-through contracts.
Sec. 803. Availability of amounts in Defense Acquisition Workforce
Development Fund.
Sec. 804. Department of Defense policy on contractor profits.
Sec. 805. Modification of authorities on internal controls for
procurements on behalf of the Department of Defense by certain
nondefense agencies.
Sec. 806. Extension of authority relating to management of supply-chain
risk.
Sec. 807. Sense of Congress on the continuing progress of the Department
of Defense in implementing its Item Unique Identification
Initiative.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Limitation on use of cost-type contracts.
Sec. 812. Estimates of potential termination liability of contracts for
the development or production of major defense acquisition
programs.
Sec. 813. Technical change regarding programs experiencing critical cost
growth due to change in quantity purchased.
Sec. 814. Repeal of requirement to review ongoing programs initiated
before enactment of Milestone B certification and approval
process.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Modification of time period for congressional notification of
the lease of certain vessels by the Department of Defense.
Sec. 822. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 823. Codification and amendment relating to life-cycle management
and product support requirements.
Sec. 824. Codification of requirement relating to Government performance
of critical acquisition functions.
Sec. 825. Competition in acquisition of major subsystems and
subassemblies on major defense acquisition programs.
Sec. 826. Compliance with Berry Amendment required for uniform
components supplied to Afghan military or Afghan National
Police.
Sec. 827. Enhancement of whistleblower protections for contractor
employees.
Sec. 828. Pilot program for enhancement of contractor employee
whistleblower protections.
Sec. 829. Extension of contractor conflict of interest limitations.
Sec. 830. Repeal of sunset for certain protests of task and delivery
order contracts.
Sec. 831. Guidance and training related to evaluating reasonableness of
price.
Sec. 832. Department of Defense access to, use of, and safeguards and
protections for contractor internal audit reports.
Sec. 833. Contractor responsibilities in regulations relating to
detection and avoidance of counterfeit electronic parts.
Subtitle D--Provisions Relating to Contracts in Support of Contingency
Operations
Sec. 841. Extension and expansion of authority to acquire products and
services produced in countries along a major route of supply
to Afghanistan.
Sec. 842. Limitation on authority to acquire products and services
produced in Afghanistan.
Sec. 843. Responsibility within Department of Defense for operational
contract support.
Sec. 844. Data collection on contract support for future overseas
contingency operations involving combat operations.
Sec. 845. Inclusion of operational contract support in certain
requirements for Department of Defense planning, joint
professional military education, and management structure.
Sec. 846. Requirements for risk assessments related to contractor
performance.
Sec. 847. Extension and modification of reports on contracting in Iraq
and Afghanistan.
Sec. 848. Responsibilities of inspectors general for overseas
contingency operations.
Sec. 849. Oversight of contracts and contracting activities for overseas
contingency operations in responsibilities of Chief
Acquisition Officers of Federal agencies.
Sec. 850. Reports on responsibility within Department of State and the
United States Agency for International Development for
contract support for overseas contingency operations.
Sec. 851. Database on price trends of items and services under Federal
contracts.
Sec. 852. Information on corporate contractor performance and integrity
through the Federal Awardee Performance and Integrity
Information System.
Sec. 853. Inclusion of data on contractor performance in past
performance databases for executive agency source selection
decisions.
Subtitle E--Other Matters
Sec. 861. Requirements and limitations for suspension and debarment
officials of the Department of Defense, the Department of
State, and the United States Agency for International
Development.
Sec. 862. Uniform contract writing system requirements.
Sec. 863. Extension of other transaction authority.
Sec. 864. Report on allowable costs of compensation of contractor
employees.
Sec. 865. Reports on use of indemnification agreements.
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.
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 subparagraphs
(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 regulations 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 CONTRACTS.
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;
(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 acquisition-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 limited
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 processes for designating
temporary members and appropriate safeguards 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 contractor 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 minimum, the
following:
(1) Appropriate levels of profit needed to sustain competition
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 subcontractors.
(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, subcontractor
cost reduction, subcontractor management, and effective competition
(including the use of small business) at the subcontract 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 paragraphs
(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
(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
``subsection (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 appropriate
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 equipment 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 Acquisition
Regulation, on Unique Identification, which states that a unique
identification equivalent recognized by the Department is required
for certain acquisitions;
(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 continued
training and leadership to enable the Department to capture
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 provide 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 program.--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 contracts 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 programs
entered into on or after October 1, 2014.
SEC. 812. ESTIMATES OF POTENTIAL TERMINATION LIABILITY OF CONTRACTS
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 recommendations on
decisions to enter into or terminate such contracts.
(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 committees 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 enactment 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 contracts 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 covered
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)''.
SEC. 814. REPEAL OF REQUIREMENT TO REVIEW ONGOING PROGRAMS
INITIATED BEFORE ENACTMENT OF MILESTONE B CERTIFICATION 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 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.
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.--Subsection (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:
``Sec. 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 guidance 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 providing
the best possible product support outcomes at the lowest operations
and support cost.
``(b) Product Support Managers.--
``(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 operation
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 support
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, revalidate any
business-case analysis performed in support of the product
support strategy; and
``(H) ensure that the product support strategy maximizes
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 systems,
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 Government, 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 Government or
outside the Federal Government charged with integrating 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 support
provider' means an entity that provides product support 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 GOVERNMENT
PERFORMANCE OF CRITICAL ACQUISITION FUNCTIONS.
(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:
``Sec. 1706. Government performance of certain acquisition functions
``(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 performed 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 program' has
the meaning given such term in section 2445a(a) of this title.''.
(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 PROGRAMS.
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
subcontract level'';
(2) by redesignating paragraphs (1), (2), and (3) as paragraphs
(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 providing
the subsystem to the prime contractor as Government-furnished
equipment;''.
SEC. 826. COMPLIANCE WITH BERRY AMENDMENT REQUIRED FOR UNIFORM
COMPONENTS SUPPLIED TO AFGHAN MILITARY OR AFGHAN NATIONAL POLICE.
(a) Requirement.--In the case of any textile components supplied by
the Department of Defense to the Afghan National Army or the Afghan
National Police for purposes of production of uniforms, 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 components
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 contract (including the
competition for or negotiation of a contract) 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 committee
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 contractor
or subcontractor who has the responsibility to investigate,
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 section 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--
``(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 exemplary
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
subsection (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):
``(e) Exceptions.--(1) 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)).
``(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 section, 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
Aeronautics 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 amendments 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 pursuant
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 Administration 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 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:
``Sec. 4712. Pilot program for enhancement of contractor protection
from reprisal for disclosure of certain information
``(a) Prohibition of Reprisals.--
``(1) In general.--An employee of a contractor, subcontractor,
or grantee may not be discharged, demoted, or otherwise
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 mismanagement 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 negotiation 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
responsibility to investigate, discover, or address misconduct.
``(3) Rules of construction.--For the purposes of paragraph
(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 paragraph; 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.--
``(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 administrative 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 subparagraph (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 complaint.
``(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
reprisal, together with compensatory damages (including back
pay), employment benefits, and other terms and conditions 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 extension 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 complaint, and the complainant may
bring a de novo action at law or equity against the contractor or
grantee to seek compensatory 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, compensatory 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.
``(6) Burdens of proof.--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 executive agency, or judicial or administrative
proceeding to determine whether discrimination 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 element
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 General
appointed under the Inspector General Act of 1978 and any Inspector
General that receives funding from, or has oversight over contracts
or grants awarded for or on behalf of, the executive agency
concerned.
``(h) Construction.--Nothing in this section, or the amendments
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 disclosure 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 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 pursuant
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 Federal
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 after the date of the
enactment of this Act, the Secretary of Defense shall review the
guidance on personal conflicts of interest for contractor 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 Acquisition,
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 reasonableness of
price.
(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 accordance 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
information.
(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 enactment 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 acquisition
professionals, including recommendations for any amendments to
law, regulations, or guidance.
SEC. 832. DEPARTMENT OF DEFENSE ACCESS TO, USE OF, AND SAFEGUARDS
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 documentation shall include,
at a minimum, the following:
(1) Written determination that access to such reports is
necessary to complete required evaluations of contractor business
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 contractor
internal audit reports cannot be used by the Defense Contract 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 determination.
(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 congressional defense
committees a report on the results of the review, with findings and
recommendations for improving the audit processes of the Defense
Contract Audit Agency.
SEC. 833. CONTRACTOR RESPONSIBILITIES IN REGULATIONS RELATING TO
DETECTION AND AVOIDANCE OF COUNTERFEIT 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
corrective action that may be required to remedy the use or
inclusion of such parts are not allowable costs under
Department contracts, unless--
``(i) the covered contractor has an operational system
to detect and avoid counterfeit parts and suspect
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
contractor 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 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.
(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
Afghanistan if the product or service is from a country that
has agreed to allow the transport of coalition personnel,
equipment, 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 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 contractors
for identified functions;
(iii) determinations of capability requirements for
nonacquisition community operational contract support, and
identification of resources required for planning,
training, and execution to meet such requirements; 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 identified
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 COMBAT 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.
(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 interoperable,
use compatible data standards, and meet the requirements 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 standards,
and meet the requirements of section 2222 of such title;
and
(iii) are supported by appropriate business processes
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 following
committees:
(A) The congressional defense committees.
(B) The Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(C) The Committee on Foreign Affairs and the Committee on
Oversight and Government Reform of the House of
Representatives.
SEC. 845. INCLUSION OF OPERATIONAL CONTRACT SUPPORT IN CERTAIN
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
operational contract support to support current and anticipated
wartime missions of the armed forces.''.
(b) Operational Contract Support Planning and Preparedness
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 operations.
The term does not include services relating to research and development
or military construction.''.
SEC. 846. REQUIREMENTS FOR RISK ASSESSMENTS RELATED TO CONTRACTOR
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 responsibilities 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 Contingency 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--
(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 paragraph (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 sensibilities).
(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
Government, 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 functions;
(B) measurable milestones for the implementation of planned
risk mitigation or risk reduction measures; and
(C) a process for monitoring, measuring, and documenting
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, including the
periodic reassessment of risks and the development 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 CONTRACTING 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 General.--
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 subparagraphs
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)'';
(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 OVERSEAS
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 CONTINGENCY
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 Inspectors 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, inspections,
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 operation.
``(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 contingency operation
shall be designated by the Chair of the Council 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 Inspectors 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
Inspectors General specified in subsection (c), an Inspector
General to act as associate Inspector General for the contingency
operation 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 investigations,
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
subsection (c) has principal jurisdiction over a matter with
respect to the contingency operation, to exercise responsibility
for discharging 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
investigations, inspections, and audits.
``(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 responsibilities
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 authorities
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 contingency
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 RESPONSIBILITIES 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 subparagraphs
(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 contracts
and contracting activities of the agency with such policy;''.
(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 possessions 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 INTERNATIONAL 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 committees 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
responsibilities of the officials, offices, and components of the
Department 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 Department or
the Agency, as applicable, to address reliance on contractors,
workforce planning, and the recruitment and training of acquisition
workforce personnel, including the anticipated number of personnel
needed to perform acquisition management and oversight functions
and plans for achieving personnel staffing goals, in connection
with overseas contingency operations.
(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 Development 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 the Comptroller General considers
appropriate to further inform such committees on issues relating to the
reports required by subsection (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:
``Sec. 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
available 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 incorporate 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. 2306a note) and the Better Buying Power
initiative of the Secretary of Defense.
SEC. 852. INFORMATION ON CORPORATE CONTRACTOR PERFORMANCE 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, subsidiary, 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 integrity 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 purposes
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, rebuttals, or additional
information pertaining to past performance 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 assessment 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 Acquisition
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 Appropriations 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 section 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 concerned shall
ensure the following:
(1) There shall be not less than one suspension and debarment
official--
(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 paragraph (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 paragraph (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 paragraph (1)
shall, in consultation with the General Counsel of the covered
agency, establish in writing policies for the consideration of the
following:
(A) Formal referrals of suspension and debarment matters.
(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
operations'' 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.
``(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 requirements,
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 subsection
are the following:
(1) The Secretary of Defense, with respect to the Department 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 International 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 Administrator 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 established
pursuant to subsection (a)(1);
(2) identify the electronic contract writing systems approved
pursuant to subsection (a)(2) and, if multiple systems 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 subsections
(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 Appropriations 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 CONTRACTOR
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 President under section 104
of such title.
(b) Matters Covered.--The report shall include, at a minimum, 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 section 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 Secretary
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
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 characterized 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 Department 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 considers
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
indemnification provision relating to bodily injury caused by
negligence or relating to wrongful death; or
(B) modifying an existing contract to include a provision
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, Compensation,
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
indemnification 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.
SEC. 866. PLAN TO INCREASE NUMBER OF CONTRACTORS ELIGIBLE FOR
CONTRACTS UNDER AIR FORCE NETCENTS-2 CONTRACT.
(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
Manufacturing and Industrial Base Policy and amendments to
Strategic Materials Protection Board.
Sec. 902. Requirement for focus on urgent operational needs and rapid
acquisition.
Sec. 903. Designation of Department of Defense senior official for
enterprise resource planning system data conversion.
Sec. 904. Additional responsibilities and resources for Deputy Assistant
Secretary of Defense for Developmental Test and Evaluation.
Sec. 905. Definition and report on terms ``preparation of the
environment'' and ``operational preparation of the
environment'' for joint doctrine purposes.
Sec. 906. Information for Deputy Chief Management Officer of the
Department of Defense from the military departments and
Defense Agencies for defense business system investment
reviews.
Subtitle B--Space Activities
Sec. 911. Reports on integration of acquisition and capability delivery
schedules for segments of major satellite acquisition programs
and funding for such programs.
Sec. 912. Commercial space launch cooperation.
Sec. 913. Limitation on international agreements concerning outer space
activities.
Sec. 914. Operationally Responsive Space Program Office.
Sec. 915. Report on overhead persistent infrared technology.
Sec. 916. Assessment of foreign components and the space launch
capability of the United States.
Sec. 917. Report on counter space technology.
Subtitle C--Intelligence-Related Activities
Sec. 921. Authority to provide geospatial intelligence support to
certain security alliances and regional organizations.
Sec. 922. Technical amendments to reflect change in name of National
Defense Intelligence College to National Intelligence
University.
Sec. 923. Review of Army Distributed Common Ground System.
Sec. 924. Electro-optical imagery.
Sec. 925. Defense Clandestine Service.
Subtitle D--Cyberspace-Related Matters
Sec. 931. Implementation strategy for Joint Information Environment.
Sec. 932. Next-generation host-based cyber security system for the
Department of Defense.
Sec. 933. Improvements in assurance of computer software procured by the
Department of Defense.
Sec. 934. Competition in connection with Department of Defense tactical
data link systems.
Sec. 935. Collection and analysis of network flow data.
Sec. 936. Competition for large-scale software database and data
analysis tools.
Sec. 937. Software licenses of the Department of Defense.
Sec. 938. Sense of Congress on potential security risks to Department of
Defense networks.
Sec. 939. Quarterly cyber operations briefings.
Sec. 940. Sense of Congress on the United States Cyber Command.
Sec. 941. Reports to Department of Defense on penetrations of networks
and information systems of certain contractors.
Subtitle E--Other Matters
Sec. 951. Advice on military requirements by Chairman of Joint Chiefs of
Staff and Joint Requirements Oversight Council.
Sec. 952. Enhancement of responsibilities of the Chairman of the Joint
Chiefs of Staff regarding the national military strategy.
Sec. 953. One-year extension of authority to waive reimbursement of
costs of activities for nongovernmental personnel at
Department of Defense regional centers for security studies.
Sec. 954. National Language Service Corps.
Sec. 955. Savings to be achieved in civilian personnel workforce and
service contractor workforce of the Department of Defense.
Sec. 956. Expansion of persons eligible for expedited Federal hiring
following completion of National Security Education Program
scholarship.
Subtitle A--Department of Defense Management
SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SECRETARY OF
DEFENSE FOR MANUFACTURING AND INDUSTRIAL BASE POLICY AND
AMENDMENTS TO STRATEGIC MATERIALS PROTECTION BOARD.
(a) Responsibilities of Deputy Assistant Secretary.--Section
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
quadrennial 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 pertaining to
the industrial base, the supply chain, and the 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 vulnerability
throughout the entire supply chain, from suppliers of raw materials
to producers of major end items.'';
(2) by striking paragraph (5) and redesignating paragraphs (6),
(7), (8), (9), and (10) as paragraphs (5), (6), (7), (8), and (9),
respectively;
(3) by inserting after paragraph (9), as so 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
Manufacturing 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 Assistant
Secretary of Defense for Manufacturing and Industrial Base
Policy''.
(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 consultation
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
subsection (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 solutions 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 operational needs.
SEC. 903. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFICIAL 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 developmental testers
and lead developmental test evaluation organizations designated in
accordance with subsection (c))'';
(4) in subparagraph (E), by striking ``and'' after the
semicolon 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 technological
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 transmitted
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 carrying 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 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 technologies.--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 Assistant Secretary of Defense for
Research and Engineering'' and inserting ``the Assistant Secretary
of Defense for Research and Engineering, in consultation with the
Deputy Assistant Secretary 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 of the military
departments to carry out the responsibilities prescribed by
this section.''.
(h) Reports to Congress on Failure To Comply With
Recommendations.--
(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 evaluation
notwithstanding a determination by the Deputy Assistant
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 inadequate.
(ii) An explanation of the reasons why the program
disregarded the Deputy Assistant Secretary's
recommendations 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 Secretary.
(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
operational 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 shortcomings 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 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 operations
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 ``operational
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 paragraph
(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 paragraph.''.
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.
(a) In General.--Chapter 135 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2275. Reports on integration of acquisition and capability
delivery schedules for segments of major satellite acquisition
programs and funding for such programs
``(a) Reports Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report on each major satellite
acquisition 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 operational
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 capabilities; and
``(C) the risks and challenges that impede the ability of
the Department of Defense to fully integrate those schedules.
``(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 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 Acquisition 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 program 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 capabilities; and
``(C) the risks and challenges that impede the ability of
the Department of Defense to fully integrate those schedules.
``(f) Annual Updates for Non-integrated Programs.--
``(1) Requirement.--For each major satellite acquisition
program that the Under Secretary has determined under subsection
(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 programs.--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 congressional defense committees that
the Under Secretary has determined 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 user terminals
necessary to fully exploit the capabilities provided 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 necessary
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 beginning 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:
``Sec. 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
transportation infrastructure of the Department of Defense by the
private 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
infrastructure 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 Secretary 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--
``(A) the Secretary determines that the inclusion of such
support and services in such requirements--
``(i) is in the best interest of the Federal
Government;
``(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
competition is in the national security interests of the
United States; and
``(B) any commercial requirement included in the agreement
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 equipment
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 subsection--
``(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 obligation 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:
``(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 support
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 beginning 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 CONCERNING OUTER
SPACE ACTIVITIES.
(a) Certification Required.--If the United States becomes a
signatory to a non-legally binding international agreement concerning
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 certification 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 Secretary
of State, and the Director of National Intelligence shall
jointly provide to the covered congressional committees
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.
(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 signatory to
a non-legally binding international agreement concerning 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 Department 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 Intelligence 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:
``Sec. 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 Intelligence 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 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 Secretary 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 explanation 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 program 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 subsection (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 streamlined
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 provide
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.
``(B) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, who shall provide coordination and
oversight 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 Command, 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 Command, 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 TECHNOLOGY.
(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 persistent
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 intelligence;
(3) an assessment of whether there are further opportunities
for the Department of Defense and the intelligence community to
capitalize on increased data sharing, fusion, interoperability, 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 considers
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 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 Acquisition,
Technology, and Logistics shall conduct an independent assessment 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 Acquisition,
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 SUPPORT 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 countries''
and inserting ``foreign countries, regional organizations, and
security alliances''.
(2) Table of sections.--The table of sections at the beginning
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-Intelligence
Agency shall submit to the appropriate congressional 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 identification 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 committees''
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:
``Sec. 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 program 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 interoperability, 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 reaction
capabilities, to be rapidly integrated into the architecture,
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 subsection
(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
(B) make maximum use of existing studies and modeling 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 information 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 Personnel.--
(1) Prohibition.--Subject to paragraph (2), none of the funds
authorized to be appropriated by this Act may be obligated 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 supporting 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 personnel
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 beginning the conduct or support of human
intelligence.
(C) Limitation.--Notwithstanding any other provision of
this subsection, following the action taken by the Secretary
under subparagraph (A), the number of civilian personnel in the
Department of Defense conducting or supporting 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 Assessment 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, comprehensive 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 certification 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 Clandestine 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 Department 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 Intelligence 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) Future-years defense program.--The term ``future-years
defense program'' means the future-years defense program 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 Information
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 anticipated
implementation cost and lifecycle cost savings of the Joint
Information Environment;
(3) a description of the acquisition strategy and management
plan for implementing the Joint Information Environment;
(4) an analysis of the key technical and policy challenges that
must be addressed to achieve such vision, including assignment of
responsibility for addressing such challenges;
(5) an identification of dependencies with existing initiatives
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 consultation with
the Chairman of the Joint Chiefs of Staff, shall submit to the
congressional defense committees a Department-wide personnel plan for
making the Joint Information Environment operational. 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 commands, 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 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 management;
(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 solutions
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 Secretary 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 assurance 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 analysis
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 security
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;
(4) promote best practices and standards to achieve software
security, assurance, and quality; and
(5) support competition and allow flexibility and compatibility
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 Department 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 subsection (b);
and
(2) identify and promote best practices, tools, and standards
for developing and validating assured software for the Department
of Defense.
(d) Briefing on Additional Means of Improving Software Assurance.--
Not later than one year after the date of the enactment 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 categorized
as Mission Assurance Category I in Department of Defense
Directive 8500.01E that is funded by the Department 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
(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 paragraph
(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 network 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, networks
of compromised computers, and command and control 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 appropriate
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.--
(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 database 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 Supplement.
(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 quarterly basis until
September 30, 2018, that describes the acquisition 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).
(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 determines
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 Department.
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 outside 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:
``Sec. 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 beginning 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 COMMAND.
It is the sense of Congress that--
(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 infrastructure 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 expenditure;
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 intelligence 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 procedures 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.--
(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 Command.
(c) Procedure Requirements.--
(1) Rapid reporting.--The procedures established pursuant to
subsection (a) shall require each cleared defense contractor 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 penetration.
(2) Access to equipment and information by department 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 information that can
be used to identify a specific person.
(3) Limitation on dissemination of certain information.--The
procedures established pursuant to subsection (a) shall prohibit
the dissemination outside the Department of Defense of information
obtained or derived through such procedures 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 Criteria.--
(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 procedures
required under subsection (a); and
(B) the senior official designated under subsection (b)(1)
shall establish the criteria required under such subsection.
(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 classified
information for the purpose of bidding for a contract or conducting
activities in support of any program of the Department 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
requirements (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 procurement
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 requirements
for equipping the armed force concerned'';
(2) by redesignating paragraphs (3) and (4) as paragraphs (5)
and (6), respectively; and
(3) by inserting after paragraph (2) the following new
paragraphs:
``(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 conducted 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 prescribed
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 pursuant to
section 113 of this title;
``(iii) the most recent Quadrennial Defense Review
conducted 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
relationship of those objectives to the strategic environment
and to the threats required to be described under subparagraph
(E);
``(ii) the operational concepts, missions, tasks, or
activities 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 execution of missions
required by the strategy;
``(vi) areas in which the armed forces could be augmented
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 support
to the armed forces for conducting security force assistance
training, peacekeeping, overseas contingency operations, 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 Assessment of the
Chairman of the Joint Chiefs of Staff'. The Chairman 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:
``(i) As the Chairman considers appropriate, update any
changes to the strategic environment, threats, objectives,
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
interoperability); and
``(III) contractors.
``(vi) Identify and assess the critical deficiencies and
strengths in force capabilities (including manpower, logistics,
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 Committees on Armed
Services of the Senate and the House of Representatives 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 comments of the
Secretary thereon, if any, as the Secretary considers appropriate.
``(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 Assessment 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 NONGOVERNMENTAL 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 establish
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
nongovernmental 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 department 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 Secretary 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.
``(e) Service.--Upon a determination that it is in the national
interests of the United States, the Secretary shall call upon members
of the Corps to provide foreign language services to the Department of
Defense or another department or agency of the United States. If a
member of the Corps is, as of the time of such determination, 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 assistance
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 connection 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 limitations, 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 paragraphs
(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 departments and
agencies of the Federal Government for personnel with skills in
various foreign languages;
``(B) recommending plans for the Corps to address foreign
language shortfalls and requirements of the departments 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 Executive
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.--
(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 subsection is
consistent with the policies and procedures required under section
129a of title 10, United States Code, as implemented 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 personnel
workforce or service contractor workforce performing such other
critical functions as may be identified by the Secretary 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 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 reductions 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 Secretary 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 section, 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 services that are funded
out of amounts available for overseas contingency 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 subsection (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.
SEC. 956. EXPANSION OF PERSONS ELIGIBLE FOR EXPEDITED FEDERAL
HIRING FOLLOWING COMPLETION OF NATIONAL SECURITY EDUCATION
PROGRAM SCHOLARSHIP.
Section 802(k) of the David L. Boren National Security Education
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 participant--
``(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
subsection, the term `eligible program participant' means an
individual 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 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 responsibilities; 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 responsibilities.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Sense of Congress on notice to Congress on unfunded
priorities.
Sec. 1004. Authority to transfer funds to the National Nuclear Security
Administration to sustain nuclear weapons modernization.
Sec. 1005. Audit readiness of Department of Defense statements of
budgetary resources.
Sec. 1006. Report on balances carried forward by the Department of
Defense at the end of fiscal year 2012.
Sec. 1007. Report on elimination and streamlining of reporting
requirements, thresholds, and statutory and regulatory
requirements resulting from unqualified audit opinion of
Department of Defense financial statements.
Subtitle B--Counter-Drug Activities
Sec. 1008. Extension of the authority to establish and operate National
Guard counterdrug schools.
Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and
Counter-Drug Activities, Defense-wide account.
Sec. 1010. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia.
Sec. 1011. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1012. Requirement for biennial certification on provision of
support for counter-drug activities to certain foreign
governments.
Subtitle C--Naval Vessels and Shipyards
Sec. 1013. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Sec. 1014. Limitation on availability of funds for delayed annual naval
vessel construction plan.
Sec. 1015. Retirement of naval vessels.
Sec. 1016. Termination of a Maritime Prepositioning Ship squadron.
Sec. 1017. Sense of Congress on recapitalization for the Navy and Coast
Guard.
Sec. 1018. Notice to Congress for the review of proposals to name naval
vessels.
Subtitle D--Counterterrorism
Sec. 1021. Extension of authority to make rewards for combating
terrorism.
Sec. 1022. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1023. Report on recidivism of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, who have been transferred
to foreign countries.
Sec. 1024. Notice and report on use of naval vessels for detention of
individuals captured outside Afghanistan pursuant to the
Authorization for Use of Military Force.
Sec. 1025. Notice required prior to transfer of certain individuals
detained at the Detention Facility at Parwan, Afghanistan.
Sec. 1026. Report on recidivism of individuals formerly detained at the
Detention Facility at Parwan, Afghanistan.
Sec. 1027. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1028. Requirements for certifications relating to the transfer of
detainees at United States Naval Station, Guantanamo Bay,
Cuba, to foreign countries and other foreign entities.
Sec. 1029. Rights Unaffected.
Subtitle E--Nuclear Forces
Sec. 1031. Nuclear weapons employment strategy of the United States.
Sec. 1032. Progress of modernization.
Sec. 1033. Report in the event of insufficient funding for modernization
of nuclear weapons stockpile.
Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile
reductions.
Sec. 1035. Strategic delivery systems.
Sec. 1036. Consideration of expansion of nuclear forces of other
countries.
Sec. 1037. Nonstrategic nuclear weapon reductions and extended
deterrence policy.
Sec. 1038. Unilateral change in nuclear weapons stockpile of the United
States.
Sec. 1039. Expansion of duties and responsibilities of the Nuclear
Weapons Council.
Sec. 1040. Interagency Council on the Strategic Capability of the
National Laboratories.
Sec. 1041. Cost estimates for nuclear weapons.
Sec. 1042. Prior notification with regard to retirement of strategic
delivery systems.
Sec. 1043. Report on nuclear warheads on intercontinental ballistic
missiles of the United States.
Sec. 1044. Requirements for combined or interoperable warhead for
certain missile systems.
Sec. 1045. Reports on capability of conventional and nuclear forces
against certain tunnel sites and on nuclear weapons program of
the People's Republic of China.
Sec. 1046. Report on conventional and nuclear forces in the Western
Pacific region.
Subtitle F--Miscellaneous Authorities and Limitations
Sec. 1051. Expansion of authority of the Secretary of the Army to loan
or donate excess non-automatic service rifles for funeral and
other ceremonial purposes.
Sec. 1052. Interagency collaboration on unmanned aircraft systems.
Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected
vehicles and spare parts.
Sec. 1054. Notice to Congress of certain Department of Defense
nondisclosure agreements.
Sec. 1055. Extension of authority to provide assured business guarantees
to carriers participating in Civil Reserve Air Fleet.
Sec. 1056. Authority for short-term extension of lease for aircraft
supporting the Blue Devil intelligence, surveillance, and
reconnaissance program.
Sec. 1057. Rule of construction relating to prohibition on infringing on
the individual right to lawfully acquire, possess, own, carry,
and otherwise use privately owned firearms, ammunition, and
other weapons.
Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center.
Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift
aircraft for general support and time sensitive/mission
critical direct support airlift missions of the Department of
Defense.
Subtitle G--Studies and Reports
Sec. 1061. Electronic warfare strategy of the Department of Defense.
Sec. 1062. Report on counterproliferation capabilities and limitations.
Sec. 1063. Report on strategic airlift aircraft.
Sec. 1064. Repeal of biennial report on the Global Positioning System.
Sec. 1065. Improvements to reports required on acquisition of technology
relating to weapons of mass destruction and the threat posed
by weapons of mass destruction, ballistic missiles, and cruise
missiles.
Sec. 1066. Report on force structure of the United States Army.
Sec. 1067. Report on planned efficiency initiatives at Space and Naval
Warfare Systems Command.
Sec. 1068. Report on military resources necessary to execute United
States Force Posture Strategy in the Asia Pacific Region.
Sec. 1069. Rialto-Colton Basin, California, water resources study.
Sec. 1070. Reports on the potential security threat posed by Boko Haram.
Sec. 1071. Study on the ability of national test and evaluation
capabilities to support the maturation of hypersonic
technologies for future defense systems development.
Subtitle H--Other Matters
Sec. 1076. Technical and clerical amendments.
Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its
20th anniversary.
Sec. 1078. Dissemination abroad of information about the United States.
Sec. 1079. Coordination for computer network operations.
Sec. 1080. Sense of Congress regarding unauthorized disclosures of
classified information.
Sec. 1081. Technical amendments to repeal statutory references to United
States Joint Forces Command.
Sec. 1082. Sense of Congress on non-United States citizens who are
graduates of United States educational institutions with
advanced degrees in science, technology, engineering, and
mathematics.
Sec. 1083. Scientific framework for recalcitrant cancers.
Sec. 1084. Protection of veterans' memorials.
Sec. 1085. Sense of Congress regarding spectrum.
Sec. 1086. Public Safety Officers' Benefits Program.
Sec. 1087. Removal of action.
Sec. 1088. Transport for female genital mutilation.
Sec. 1089. Amendments to law enforcement officer safety provisions of
title 18.
Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire
suppression purposes.
Sec. 1091. Transfer of excess aircraft to other departments of the
Federal Government.
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 personnel
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).
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 capability;
(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 Operations
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 appropriated 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.
(b) Notice to Congress.--In the event of a transfer under
subsection (a), the Secretary of Defense shall promptly notify Congress
of the transfer, and shall include in such notice the Department of
Defense account or accounts from which funds are transferred.
(c) Transfer Mechanism.--Any funds transferred under this section
shall be transferred in accordance with established procedures for
reprogramming under section 1001 or successor provisions of law.
(d) Construction of Authority.--The transfer authority provided
under subsection (a) is in addition to any other transfer authority
provided under this Act.
SEC. 1005. AUDIT READINESS OF DEPARTMENT OF DEFENSE STATEMENTS 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 September 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;
(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
department for meeting the alternative deadline.
SEC. 1006. REPORT ON BALANCES CARRIED FORWARD BY THE DEPARTMENT 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 Department 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 STATUTORY 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 submitted
by the Department of Defense to Congress that would be no longer
necessary if the financial statements of the Department 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 paragraphs
(2) through (5) as paragraphs (1) through (4), respectively;
and
(B) by adding at the end the following new paragraph:
``(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
appropriation 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 regulations
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 INTERDICTION
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.
(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 September 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 PROVISION 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
(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
subsection (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 maintenance,
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.
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 Maritime 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 stockpiles
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 associated 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 authorized 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 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 logistics 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 strategic
deterrence; and
(D) the ability to operate in collaboration with United
States maritime partners in the common interest of preventing
piracy at sea and maintaining the commercial sea lanes
available for global commerce;
(3) the Secretary of Defense, in coordination with the
Secretary 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, Federal institutions,
colonial cities, and positive character traits representative of
naval and military virtues.
(2) An Act of Congress on March 3, 1819, made the Secretary 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 military heroes and leaders;
and noted individuals who made distinguished 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:
``(d)(1) The Secretary of the Navy may not announce or implement
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
justification 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 COMBATING
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 outlines 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 Department 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 Station,
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 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 Guantanamo 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 countries 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 Intelligence 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 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 associated
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 individuals
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 assessment 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.
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 territories, 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 Department of
Defense.
SEC. 1028. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE TRANSFER OF
DETAINEES AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO
FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES.
(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 control of the
individual's country of origin, any other foreign country, or any
other foreign entity unless the Secretary submits 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 Secretary 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 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 terrorist
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 available to the
Department of Defense to transfer any individual detained at
Guantanamo to the custody or control of the individual'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 Secretary 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--
(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
Secretary 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 transferred; and
(D) the transfer is in the national security interests of
the United States.
(2) Reports.--Whenever the Secretary makes a determination
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 concerned.
(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 paragraph 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 effective
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 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 Intelligence 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, Guantanamo 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 established 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 employment
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:
``(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 modification 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
(iv) amended by striking ``the date of the enactment 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 ``Sec. ''; 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 typeface 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 Implementation 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 assessments of
the intelligence community (as defined in section 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 program
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--
``(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 additional
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 modernization
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 determination 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 reduction.
``(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
stockpile 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 committees'
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.--Section 494 of
title 10, United States Code, as added by paragraph (1), is
amended--
(i) in the enumerator, by striking ``SEC.'' and
inserting ``Sec. ''; 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 STOCKPILE
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 President
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 paragraph
(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 recommended 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 paragraph
(1).
``(4) Additional views.--On the date on which the President
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 Commander 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:
``Sec. 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 Certifications.--
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 compared
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 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 subsection
(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,
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 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 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) The term `strategic delivery system' means a delivery
system for nuclear weapons.''.
(b) Clerical Amendment.--The table of sections at the beginning 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:
``Sec. 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
congressional 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--
``(A) the number of each type of nuclear weapons possessed
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 Command
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 beginning 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
nonstrategic 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'');
(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:
``Sec. 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 congressional
committees a notification containing--
``(1) justification for such reduction, consolidation, or
withdrawal; and
``(2) an assessment of how member states of the North Atlantic
Treaty Organization, in light of such reduction, consolidation, 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.
``(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:
``Sec. 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 beginning 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 Communications
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)--
(A) by striking ``broad'' and inserting ``specific''; and
(B) by inserting before the period at the end the
following: ``and priorities among activities, including
production, surveillance, research, construction, and any other
programs within the National Nuclear Security Administration'';
(4) by redesignating paragraph (10) as paragraph (12); and
(5) by inserting after paragraph (9) the following new
paragraph (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 proposals
of the National Nuclear Security Administration.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection (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
appropriating 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 documents 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:
``Sec. 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').
``(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
appropriate.
``(c) Structure and Procedures.--The President may determine 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
paragraph (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 Congress
regarding regulatory or statutory changes needed to better
support--
``(A) the strategic capabilities of the national
laboratories; 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
laboratories.
``(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--
``(A) each national security laboratory (as defined in
section 3281(1) of the National Nuclear Security Administration
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 beginning 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 Capability 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 committees'' means
the following:
(A) The congressional defense committees.
(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 Security 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 estimate
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
congressional 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 Congressional 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 beginning
on the date of the report associated with fielding and maintaining
the current nuclear weapons and nuclear weapon delivery systems of
the United States.
(2) An estimate of the costs over the 10-year period beginning
on the date of the report of any life extension, modernization, or
replacement of any current nuclear weapons or nuclear weapon
delivery systems of the United States that is anticipated 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 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) The term ``strategic delivery system'' means the following
delivery platforms for nuclear weapons:
(A) Land-based intercontinental ballistic missiles.
(B) Submarine-launched ballistic missiles and associated
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 WARHEAD 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 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 combined
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 congressional 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 submitted 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 program 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 Department 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.
(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
surrounding 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 assessment
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.
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
following:
``Sec. 4683. Excess non-automatic service rifles: loan or donation for
funeral and other ceremonial purposes''.
(b) Clerical Amendment.--The table of sections at the beginning 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 aircraft systems of
the Department of Defense, the National Aeronautics 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 challenges
associated with the safe integration of unmanned aircraft 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 Committee on
Transportation and Infrastructure, and the Committee 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 Airspace 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 operation 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 Authorization Act for Fiscal Year 2009
and established by the Secretary of Defense and the Administrator of
the Federal Aviation Administration.
(d) Authorization of Appropriations.--There is hereby authorized to
be appropriated such sums as may be necessary to carry out this
section.
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 subsection
(a). Such notification shall include the name of the organization, the
number and model of the vehicle to be transferred, a listing of any
spare parts to be transferred, and any other information 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 agreements 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 enactment.--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 submitted not later than 60
days after the date of enactment.
(2) Requests or requirements after date of enactment.--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.
SEC. 1055. EXTENSION OF AUTHORITY TO PROVIDE ASSURED BUSINESS
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 Authorization
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.''.
SEC. 1058. SENSE OF CONGRESS ON THE JOINT WARFIGHTING ANALYSIS CENTER.
It is the sense of Congress that the Joint Warfighting Analysis
Center (JWAC) should have adequate resources to meet the continuing
requirements of the combatant commands.
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.
(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 aircraft
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 memorandum 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 modeling
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 oversight 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 cyberspace operations.
(b) Plan Required.--Not later than October 1, 2013, the Commander
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 Electromagnetic
Spectrum Control Center or any other center established 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--
(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 implementation of
such strategy;
``(E) an identification of resources and investments
necessary 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 operational
capabilities, limitations, and shortfalls within the Department 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 counterproliferation
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 partnerships,
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 Infrastructure of the
House of Representatives, and the Committee on 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 paragraph (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 POSITIONING 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
``(B) by the proliferation of weapons of mass destruction,
ballistic missiles, and cruise missiles.
``(2) The acquisition by foreign countries during the preceding
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 subsection (a)
shall include the following:
``(1) Identification of each foreign country and non-State
organization that possesses weapons of mass destruction, ballistic
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 missiles 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, ballistic
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, ballistic
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 organization achieves that capability.
``(8) For each foreign country or non-State organization that
has not achieved the capability to target members of the Armed
Forces of the United States deployed abroad 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 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 beginning 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 destruction and the threat posed by weapons of mass
destruction, ballistic missiles, 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 subsection (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
considered, 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.
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 initiatives 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 EXECUTE UNITED
STATES FORCE POSTURE STRATEGY IN THE ASIA PACIFIC REGION.
(a) Review Required.--
(1) In general.--The Secretary of Defense shall, in
consultation 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 locations needed to
achieve the strategic and warfighting objectives identified in
the review.
(E) The forward presence, phased deployments, pre-
positioning, and other anticipatory deployments of manpower or
military equipment necessary for conflict deterrence and
adequate military response to anticipated conflicts.
(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 constrained to
comply with and are fully independent of the 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
subsection (a)(1).
(B) A description of the assumptions used in the
examination, 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 political
end-states of conflicts and smaller-scale contingencies;
and
(vi) the roles and responsibilities that would be
discharged by contractors.
(C) Any other matters the Secretary of Defense considers
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;
(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 classified
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 effectiveness
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.
SEC. 1071. STUDY ON THE ABILITY OF NATIONAL TEST AND EVALUATION
CAPABILITIES TO SUPPORT THE MATURATION OF HYPERSONIC TECHNOLOGIES FOR
FUTURE DEFENSE SYSTEMS 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 Administration
(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 investments 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 adequacy 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 infrastructure
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 available.
(D) Other matters the Secretary determines are appropriate.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services and the Committee 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 as if included
therein as enacted, the National Defense Authorization 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
regulations'''.
(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''.
(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
subsection 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 Positions in
Office of Secretary of Defense.--
(1) Assistant secretary of defense for nuclear, chemical, 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).
(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 Education
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 Secretary 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
(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 Authorization 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:
(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
(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:
``Sec. 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. Sec. Sec. 1439'' and inserting
``8 U.S.C. 1439''; and
(E) by striking ``sections 286(m) and (n) of such Act (8
U.S.C. Sec. 1356(m))'' and inserting ``subsections (m) and (n)
of section 286 of such Act (8 U.S.C. 1356)''.
(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 congressional 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 Foreign
Affairs''.
(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'';
(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 Retirement 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'';
(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
enactment 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 COMMAND ON ITS
20TH ANNIVERSARY.
(a) Findings.--Congress finds the following:
(1) On June 1, 1992, Air Mobility Command was established 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 functions 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 anywhere 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, accomplishing 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 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 provide 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 pursuant 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.
``(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, administered, 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 available for public
diplomacy or to authorize appropriations for Broadcasting 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 Broadcasting 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 Broadcasting 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 Broadcasting 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 Broadcasting 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--
(1) in section 502 (22 U.S.C. 1462)--
(A) by inserting ``and the Broadcasting Board of
Governors'' after ``Secretary''; and
(B) by inserting ``or the Broadcasting Board of Governors''
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 coordinating 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 interagency
process for coordinating and de-conflicting full-spectrum military
cyber operations.
(2) The membership and responsibilities of such interagency
process.
(3) The current status of interagency guidance clarifying roles
and responsibilities for full-spectrum military cyber operations.
(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 dedicated 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 cyberspace operations. Such materials
shall be submitted in unclassified form but may include a classified
annex.
SEC. 1080. SENSE OF CONGRESS REGARDING UNAUTHORIZED DISCLOSURES 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 Government
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 military,
intelligence, and operational capabilities of the United 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 REFERENCES 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, technology,
engineering, and mathematics; and
(2) to strongly urge the Department of Defense to investigate
innovative mechanisms (subject to all appropriate security
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
``(III) the epidemiology of such cancer.
``(ii) Scientific advances.--The identification of
relevant emerging scientific areas and promising scientific
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 availability
of qualified individuals to conduct scientific research in
the areas described in clause (i).
``(iv) Coordinated research initiatives.--The
identification o