[112th Congress Public Law 239]
[From the U.S. Government Printing Office]
[[Page 1631]]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013
[[Page 126 STAT. 1632]]
Public Law 112-239
112th Congress
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. <<NOTE: Jan. 2,
2013 - [H.R. 4310]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Defense
Authorization Act for Fiscal Year 2013.>>
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.
[[Page 126 STAT. 1633]]
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.
[[Page 126 STAT. 1634]]
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.
[[Page 126 STAT. 1635]]
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.
[[Page 126 STAT. 1636]]
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.
[[Page 126 STAT. 1637]]
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.
[[Page 126 STAT. 1638]]
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.
[[Page 126 STAT. 1639]]
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.
[[Page 126 STAT. 1640]]
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.
[[Page 126 STAT. 1641]]
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.
[[Page 126 STAT. 1642]]
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.
[[Page 126 STAT. 1643]]
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.
[[Page 126 STAT. 1644]]
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.
[[Page 126 STAT. 1645]]
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.
[[Page 126 STAT. 1646]]
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.
[[Page 126 STAT. 1647]]
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.
[[Page 126 STAT. 1648]]
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.
[[Page 126 STAT. 1649]]
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.
[[Page 126 STAT. 1650]]
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.
[[Page 126 STAT. 1651]]
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.
[[Page 126 STAT. 1652]]
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. <<NOTE: 10 USC 101 note.>> 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.
[[Page 126 STAT. 1653]]
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.
[[Page 126 STAT. 1654]]
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),
[[Page 126 STAT. 1655]]
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) <<NOTE: Determination.>> 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).
[[Page 126 STAT. 1656]]
(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) <<NOTE: Reports.>> 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) <<NOTE: Plans.>> 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.
[[Page 126 STAT. 1657]]
(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) <<NOTE: Deadline. Reports.>> 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.
[[Page 126 STAT. 1658]]
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.
[[Page 126 STAT. 1659]]
(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: <<NOTE: Effective date.>> ``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
[[Page 126 STAT. 1660]]
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.
[[Page 126 STAT. 1661]]
(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) <<NOTE: Reports.>> 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.
[[Page 126 STAT. 1662]]
(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) <<NOTE: Effective date.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Contracts.>> FFRDC.--The Secretary shall seek
to enter into an agreement with the Institute for Defense
Analyses to conduct
[[Page 126 STAT. 1663]]
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) <<NOTE: Reports.>> 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.
[[Page 126 STAT. 1664]]
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) <<NOTE: Notification.>> 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) <<NOTE: Determination. Certification.>> 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--
[[Page 126 STAT. 1665]]
(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) <<NOTE: Determination.>> 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
[[Page 126 STAT. 1666]]
which the Secretary of the Air Force submits to the appropriate
congressional committees--
(1) <<NOTE: Reports.>> a report describing the acquisition
strategy for such program; and
(2) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> submit to such committees a
report on the review under paragraph (1); or
(B) <<NOTE: Briefing.>> 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.
[[Page 126 STAT. 1667]]
SEC. 155. <<NOTE: Deadline. Reports.>> 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--
[[Page 126 STAT. 1668]]
(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) <<NOTE: Determination. Certification.>> 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) <<NOTE: Deadline.>> 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.
[[Page 126 STAT. 1669]]
(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
[[Page 126 STAT. 1670]]
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.
[[Page 126 STAT. 1671]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> the Under Secretary
submits to the congressional defense committees a report
that includes--
[[Page 126 STAT. 1672]]
``(i) a summary of the assessment of the
preliminary design reviews of the program
conducted under subparagraph (B); and
``(ii) <<NOTE: Certification.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Time period.>> 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--
[[Page 126 STAT. 1673]]
(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) <<NOTE: Determination.>> determines that using
such procedures is not feasible; and
(B) <<NOTE: Notification.>> notifies the
congressional defense committees of such determination;
and
(2) <<NOTE: Time period.>> 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 <<NOTE: Time period.>> 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) <<NOTE: Strategy.>> 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) <<NOTE: Assessment.>> develops an assessment regarding
the manufacturing capability of the United States to produce
three-dimensional integrated circuits to serve national defense
interests; and
(3) <<NOTE: Estimate.>> 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) <<NOTE: Deadline. Reports.>> 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.
[[Page 126 STAT. 1674]]
(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).
[[Page 126 STAT. 1675]]
(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
[[Page 126 STAT. 1676]]
(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) <<NOTE: Time periods.>> 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) <<NOTE: Deadline.>> 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).
[[Page 126 STAT. 1677]]
(e) <<NOTE: Deadlines. Briefings. Reports.>> 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
[[Page 126 STAT. 1678]]
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) <<NOTE: Evaluation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Study.>> 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
[[Page 126 STAT. 1679]]
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) <<NOTE: Notification.>> 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
[[Page 126 STAT. 1680]]
(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
[[Page 126 STAT. 1681]]
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
[[Page 126 STAT. 1682]]
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) <<NOTE: Briefing. Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Deadline. Reports.>> 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.
[[Page 126 STAT. 1683]]
(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.
[[Page 126 STAT. 1684]]
(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) <<NOTE: Briefing.>> 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
[[Page 126 STAT. 1685]]
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
[[Page 126 STAT. 1686]]
(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:
[[Page 126 STAT. 1687]]
(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).
[[Page 126 STAT. 1688]]
SEC. 245. NATIONAL RESEARCH COUNCIL REVIEW OF DEFENSE SCIENCE AND
TECHNICAL GRADUATE EDUCATION NEEDS.
(a) <<NOTE: Contracts.>> 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) <<NOTE: Definition.>> 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. <<NOTE: 10 USC 2358 note.>> REGIONAL ADVANCED
TECHNOLOGY CLUSTERS.
(a) Development of Innovative Advanced Technologies.--The Secretary
of Defense may use the research and engineering
[[Page 126 STAT. 1689]]
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,
[[Page 126 STAT. 1690]]
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.
[[Page 126 STAT. 1691]]
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:
[[Page 126 STAT. 1692]]
``(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. <<NOTE: Deadlines.>> DEPARTMENT OF DEFENSE GUIDANCE ON
ENVIRONMENTAL EXPOSURES AT MILITARY
INSTALLATIONS AND BRIEFING REGARDING
ENVIRONMENTAL EXPOSURES TO MEMBERS OF THE
ARMED FORCES.
(a) <<NOTE: 10 USC 1074 note.>> 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) <<NOTE: Records.>> 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).
[[Page 126 STAT. 1693]]
(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
[[Page 126 STAT. 1694]]
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.
[[Page 126 STAT. 1695]]
(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 <<NOTE: 10 USC prec. 2460.>> 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) <<NOTE: Recommenda- tions. Deadline.>> 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) <<NOTE: 10 USC 2366a note.>> 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.
[[Page 126 STAT. 1696]]
SEC. 323. <<NOTE: 10 USC 8013 note. Compliance.>> 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. <<NOTE: 10 USC 2336.>> Intergovernmental support
agreements with State and local governments
``(a) <<NOTE: Determination.>> 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:
[[Page 126 STAT. 1697]]
``(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 <<NOTE: 10 USC prec. 2301.>> 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
[[Page 126 STAT. 1698]]
(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.
[[Page 126 STAT. 1699]]
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.
[[Page 126 STAT. 1700]]
(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
[[Page 126 STAT. 1701]]
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. <<NOTE: 10 USC 221 note.>> 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.
[[Page 126 STAT. 1702]]
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) <<NOTE: Definitions.>> 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.
[[Page 126 STAT. 1703]]
Subtitle G--National <<NOTE: National Commission on the Structure of the
Air Force Act of 2012.>> 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) <<NOTE: Appointments. President. Congress.>>
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) <<NOTE: Deadline.>> 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.
[[Page 126 STAT. 1704]]
(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.
[[Page 126 STAT. 1705]]
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.
[[Page 126 STAT. 1706]]
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. <<NOTE: 10 USC 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 <<NOTE: 10 USC prec.
991.>> 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
[[Page 126 STAT. 1707]]
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) <<NOTE: Definition.>> 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.
[[Page 126 STAT. 1708]]
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. <<NOTE: 10 USC 5983 note.>> ADDITIONAL MARINE CORPS
PERSONNEL FOR THE MARINE CORPS SECURITY
GUARD PROGRAM.
(a) Additional Personnel.--
(1) <<NOTE: Plans.>> 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.
[[Page 126 STAT. 1709]]
(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 <<NOTE: President.>> 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) <<NOTE: President. Determination.>> 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.
[[Page 126 STAT. 1710]]
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.
[[Page 126 STAT. 1711]]
(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.
[[Page 126 STAT. 1712]]
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.
[[Page 126 STAT. 1713]]
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.
[[Page 126 STAT. 1714]]
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:
[[Page 126 STAT. 1715]]
``(2) <<NOTE: Expiration date.>> 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) <<NOTE: Waiver authority.>> 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''.
[[Page 126 STAT. 1716]]
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. <<NOTE: 10 USC 8039.>> Chief of Chaplains:
appointment; duties
``(a) <<NOTE: President.>> 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) <<NOTE: Regulations.>> 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
[[Page 126 STAT. 1717]]
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 <<NOTE: 10 USC prec. 8031.>> 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. <<NOTE: 10 USC 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
[[Page 126 STAT. 1718]]
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 <<NOTE: 10 USC prec. 151.>> 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. <<NOTE: 10 USC 12681.>> 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
[[Page 126 STAT. 1719]]
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.
[[Page 126 STAT. 1720]]
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. <<NOTE: 10 USC 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 <<NOTE: Procedures.>> 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.
[[Page 126 STAT. 1721]]
``(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 <<NOTE: 10 USC prec. 651.>> 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;
[[Page 126 STAT. 1722]]
(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.''.
[[Page 126 STAT. 1723]]
(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. <<NOTE: 10 USC 504 note.>> 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. <<NOTE: 10 USC 1222 note.>> 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
[[Page 126 STAT. 1724]]
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.
[[Page 126 STAT. 1725]]
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--
[[Page 126 STAT. 1726]]
(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):
[[Page 126 STAT. 1727]]
``(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. <<NOTE: 10 USC prec. 1030 note.>> 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
[[Page 126 STAT. 1728]]
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) <<NOTE: 10 USC 1154 note.>> 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.
[[Page 126 STAT. 1729]]
(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. <<NOTE: 10 USC 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
[[Page 126 STAT. 1730]]
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
[[Page 126 STAT. 1731]]
``(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
[[Page 126 STAT. 1732]]
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--
[[Page 126 STAT. 1733]]
``(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) <<NOTE: Waiver authority.>> 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.
[[Page 126 STAT. 1734]]
``(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 <<NOTE: Waiver authority.>> 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
[[Page 126 STAT. 1735]]
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 <<NOTE: 10 USC prec.
1141.>> 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.) <<NOTE: 20
USC 6671-6677.>> 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) <<NOTE: 20 USC 6671 note.>> 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:
[[Page 126 STAT. 1736]]
``Sec. 6981. <<NOTE: 10 USC 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.
[[Page 126 STAT. 1737]]
``(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 <<NOTE: 10 USC prec. 6951.>> 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
[[Page 126 STAT. 1738]]
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) <<NOTE: Web posting. Public information.>> 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) <<NOTE: 38 USC 4102A note.>> 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
[[Page 126 STAT. 1739]]
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
[[Page 126 STAT. 1740]]
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.
[[Page 126 STAT. 1741]]
(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. <<NOTE: 10 USC 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 <<NOTE: 10 USC prec.
2031.>> 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 <<NOTE: 10 USC prec.
4651.>> 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 <<NOTE: 10 USC prec.
7911.>> 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 <<NOTE: 10 USC prec.
9651.>> amended by striking the item relating to section 9651.
[[Page 126 STAT. 1742]]
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 <<NOTE: 10 USC 2031 note.>> (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,
[[Page 126 STAT. 1743]]
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).
[[Page 126 STAT. 1744]]
(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. <<NOTE: Impact Aid Improvement Act of 2012. 20 USC 6301
note.>> 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
[[Page 126 STAT. 1745]]
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) <<NOTE: Payment.>> 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
[[Page 126 STAT. 1746]]
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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Effective
date. Determination. Certification.>> Military
installation housing.--Beginning in fiscal year 2014, in
determining the amount of a payment for a local
educational agency for children described in
[[Page 126 STAT. 1747]]
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
[[Page 126 STAT. 1748]]
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 <<NOTE: Applicability.>> 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) <<NOTE: 20 USC 7702 note. Time period.>> 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) <<NOTE: Applicability. 20 USC 7702, 7703, 7710.>>
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''.
[[Page 126 STAT. 1749]]
(b) <<NOTE: 10 USC 1059 note.>> 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 <<NOTE: Regulations.>> 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. <<NOTE: 10 USC 3330d.>> Appointment of certain
military spouses
``(a) Definitions.--In this section:
``(1) The term `active duty'--
[[Page 126 STAT. 1750]]
``(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
[[Page 126 STAT. 1751]]
``(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) <<NOTE: Deadline. 5 USC 3330d note.>> 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 <<NOTE: 5 USC prec. 3301.>> 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
[[Page 126 STAT. 1752]]
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.''.
[[Page 126 STAT. 1753]]
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. <<NOTE: 10 USC 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) <<NOTE: Guidelines. Deadlines.>> 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 <<NOTE: 10 USC prec. 12301.>> 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) <<NOTE: Deadline.>> 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:
[[Page 126 STAT. 1754]]
(1) <<NOTE: Records.>> 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) <<NOTE: Procedures. Regulations.>> 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) <<NOTE: Deadline. Assessment.>> 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) <<NOTE: Communication and tele- communications.>> 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) <<NOTE: Notification.>> 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
[[Page 126 STAT. 1755]]
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. <<NOTE: 10 USC 1561 note.>> ESTABLISHMENT OF SPECIAL
VICTIM CAPABILITIES WITHIN THE MILITARY
DEPARTMENTS TO RESPOND TO ALLEGATIONS OF
CERTAIN SPECIAL VICTIM OFFENSES.
(a) <<NOTE: Regulations.>> 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) <<NOTE: Determination.>> In general.--Subject to
paragraph (2), the Secretary of a military department shall
determine the extent to which
[[Page 126 STAT. 1756]]
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) <<NOTE: Deadlines.>> Time for Establishment.--
(1) <<NOTE: Reports.>> 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) <<NOTE: Deadline.>> Evaluation of Effectiveness.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
of Defense shall--
(1) <<NOTE: Criteria.>> 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) <<NOTE: Reports.>> 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.
[[Page 126 STAT. 1757]]
``(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) <<NOTE: Applicability.>> 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.
[[Page 126 STAT. 1758]]
``(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) <<NOTE: 10 USC 1561 note.>> 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) <<NOTE: Establishment.>> 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
[[Page 126 STAT. 1759]]
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) <<NOTE: Deadline.>> 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.
[[Page 126 STAT. 1760]]
(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) <<NOTE: Recommenda- tions.>> 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.
[[Page 126 STAT. 1761]]
(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.
[[Page 126 STAT. 1762]]
(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. <<NOTE: 10 USC 1561 note.>> 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
[[Page 126 STAT. 1763]]
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. <<NOTE: 10 USC 1561 note.>> GENERAL OR FLAG OFFICER
REVIEW OF AND CONCURRENCE IN SEPARATION OF
MEMBERS OF THE ARMED FORCES MAKING AN
UNRESTRICTED REPORT OF SEXUAL ASSAULT.
(a) <<NOTE: Policy.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Effective date.>> 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. <<NOTE: 10 USC 1561 note.>> 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
[[Page 126 STAT. 1764]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 1071 note.>> ENHANCEMENT OF OVERSIGHT
AND MANAGEMENT OF DEPARTMENT OF DEFENSE
SUICIDE PREVENTION AND RESILIENCE
PROGRAMS.
(a) <<NOTE: Establishment.>> 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.--
[[Page 126 STAT. 1765]]
(1) In general.--Chapter 1007 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 10219. <<NOTE: 10 USC 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 <<NOTE: 10 USC prec.
10201.>> amended by adding at the end the following new item:
``10219. Suicide prevention and resilience program.''.
[[Page 126 STAT. 1766]]
(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. <<NOTE: 10 USC 1071 note.>> COMPREHENSIVE POLICY ON
PREVENTION OF SUICIDE AMONG MEMBERS OF THE
ARMED FORCES.
(a) <<NOTE: Deadline.>> 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. <<NOTE: Recommenda- tions.>> 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.
[[Page 126 STAT. 1767]]
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) <<NOTE: Regulations.>> 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
[[Page 126 STAT. 1768]]
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
[[Page 126 STAT. 1769]]
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 <<NOTE: 10 USC prec.
2241.>> 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) <<NOTE: 10 USC 7049 note. Determination.>> 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
[[Page 126 STAT. 1770]]
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, <<NOTE: Reports. Assessment.>> 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) <<NOTE: Extension. Contracts.>> 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
[[Page 126 STAT. 1771]]
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. <<NOTE: 20 USC 2142 note.>> 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.
[[Page 126 STAT. 1772]]
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.
[[Page 126 STAT. 1773]]
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. <<NOTE: 37 USC 1009 note.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: 37 USC 403 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on January 1, 2013.
[[Page 126 STAT. 1774]]
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) <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>> Subsections (d)(3) and (o) also
apply to a member described in subparagraph (A).''.
(b) <<NOTE: 37 USC 403 note.>> 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.--
[[Page 126 STAT. 1775]]
(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'':
[[Page 126 STAT. 1776]]
(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) <<NOTE: 37 USC 478a.>> 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.
[[Page 126 STAT. 1777]]
(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''.
[[Page 126 STAT. 1778]]
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) <<NOTE: Time periods.>> 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) <<NOTE: Regulations.>> 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''.
[[Page 126 STAT. 1779]]
(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) <<NOTE: Time periods.>> 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) <<NOTE: Determination. Regulations.>> 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.
[[Page 126 STAT. 1780]]
``(3) <<NOTE: Deadline. Reports.>> 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
[[Page 126 STAT. 1781]]
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) <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Definitions.>> 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 <<NOTE: 10 USC prec. 2631.>> 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--
[[Page 126 STAT. 1782]]
(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
[[Page 126 STAT. 1783]]
(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) <<NOTE: 10 USC 1450 note.>> 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) <<NOTE: Applicability. 10 USC 1413a note.>> 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--
[[Page 126 STAT. 1784]]
(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) <<NOTE: Definition.>> 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) <<NOTE: Definition.>> 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.
[[Page 126 STAT. 1785]]
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) <<NOTE: 10 USC 987 note.>> 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) <<NOTE: Federal Register, publication. Deadline.>>
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),
[[Page 126 STAT. 1786]]
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 <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 987 note.>> 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.''.
[[Page 126 STAT. 1787]]
Subtitle H--Military Compensation and Retirement Modernization
Commission
SEC. 671. PURPOSE, SCOPE, AND DEFINITIONS.
(a) <<NOTE: Establishment.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 126 STAT. 1788]]
(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
[[Page 126 STAT. 1789]]
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) <<NOTE: President.>> 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) <<NOTE: President. Congress.>> 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) <<NOTE: President.>> 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
[[Page 126 STAT. 1790]]
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. <<NOTE: Deadlines.>> COMMISSION HEARINGS AND MEETINGS.
(a) <<NOTE: Public information. Web posting.>> 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. <<NOTE: Lists.>> 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. <<NOTE: Federal Register, publication. Web
posting.>> 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
[[Page 126 STAT. 1791]]
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) <<NOTE: Compliance.>> 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) <<NOTE: Deadline.>> Presidential Principles.--Not later than
five months after the Commission establishment date, the President shall
establish
[[Page 126 STAT. 1792]]
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 <<NOTE: Public information.>> 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
[[Page 126 STAT. 1793]]
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) <<NOTE: Determination.>> determines that the
change is consistent with the principles established by
the President under subsection (c);
(B) <<NOTE: Notice. Deadline.>> 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) <<NOTE: Public information. Applicability.>>
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) <<NOTE: Records.>> 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) <<NOTE: Records.>> A copy of the recommendations of the
Commission.
(2) <<NOTE: Certification.>> 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
[[Page 126 STAT. 1794]]
the Commission, in whole or in part, the President shall include
in the report the reasons for that disapproval.
(2) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Records.>> A copy of the revised
recommendations.
(B) <<NOTE: Certification.>> 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
[[Page 126 STAT. 1795]]
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) <<NOTE: 10 USC 101 note.>> Retroactive Application of
Amendments.--
[[Page 126 STAT. 1796]]
(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
[[Page 126 STAT. 1797]]
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.
[[Page 126 STAT. 1798]]
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. <<NOTE: Time period. Termination dates.>> 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--
[[Page 126 STAT. 1799]]
(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) <<NOTE: Regulations.>> 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) <<NOTE: Determination.>> 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,''.
[[Page 126 STAT. 1800]]
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. <<NOTE: 10 USC 1092 note.>> 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. <<NOTE: 10 USC 10101 note.>> 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.
[[Page 126 STAT. 1801]]
(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
[[Page 126 STAT. 1802]]
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) <<NOTE: Notification.>> 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) <<NOTE: Requirements.>> 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) <<NOTE: Effective date.>> 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 <<NOTE: Effective date.>> Secretary may increase copayments, as
considered appropriate by the Secretary, beginning on October 1,
2022.''.
(b) <<NOTE: 10 USC 1074g note. Applicability.>> 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
[[Page 126 STAT. 1803]]
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) <<NOTE: Notice.>> 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. <<NOTE: 10 USC 401 note.>> REQUIREMENT TO ENSURE THE
EFFECTIVENESS AND EFFICIENCY OF HEALTH
ENGAGEMENTS.
(a) <<NOTE: Process.>> 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;
[[Page 126 STAT. 1804]]
(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. <<NOTE: 10 USC 1074g note.>> 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) <<NOTE: Time period.>> 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.
[[Page 126 STAT. 1805]]
(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. <<NOTE: 10 USC 1074f note.>> 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) <<NOTE: Memorandum.>> 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. <<NOTE: 38 USC 1712A note.>> PARTICIPATION OF MEMBERS
OF THE ARMED FORCES IN PEER SUPPORT
COUNSELING PROGRAMS OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Participation.--
(1) <<NOTE: Memorandum.>> 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
[[Page 126 STAT. 1806]]
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. <<NOTE: 10 USC 1071 note.>> 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. <<NOTE: 38 USC 1712A note.>> TRANSPARENCY IN MENTAL
HEALTH CARE SERVICES PROVIDED BY THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Measurement of Mental Health Care Services.--
(1) <<NOTE: Deadline.>> 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:
[[Page 126 STAT. 1807]]
(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 <<NOTE: Deadline.>> 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) <<NOTE: Contracts.>> 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
[[Page 126 STAT. 1808]]
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) <<NOTE: Public information. Web posting.>> 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
[[Page 126 STAT. 1809]]
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--
[[Page 126 STAT. 1810]]
``(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) <<NOTE: Applicability.>> 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--
[[Page 126 STAT. 1811]]
``(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) <<NOTE: Definition.>> 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) <<NOTE: Definition.>> 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.''.
[[Page 126 STAT. 1812]]
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. <<NOTE: 38 USC 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.
[[Page 126 STAT. 1813]]
``(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 <<NOTE: 38 USC prec. 7301.>> 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. <<NOTE: 38 USC 7405 note.>> 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.
[[Page 126 STAT. 1814]]
(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) <<NOTE: 38 USC 1720F note.>> 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) <<NOTE: 38 USC 1712A note.>> 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.
[[Page 126 STAT. 1815]]
Subtitle D--Reports and Other Matters
SEC. 731. <<NOTE: 10 USC 1071 note.>> 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.--
[[Page 126 STAT. 1816]]
(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.
[[Page 126 STAT. 1817]]
(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.
[[Page 126 STAT. 1818]]
(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
[[Page 126 STAT. 1819]]
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.
[[Page 126 STAT. 1820]]
(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. <<NOTE: 10 USC 1071 note.>> PERFORMANCE METRICS AND
REPORTS ON WARRIORS IN TRANSITION PROGRAMS
OF THE MILITARY DEPARTMENTS.
(a) <<NOTE: Policy.>> 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
[[Page 126 STAT. 1821]]
(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.
[[Page 126 STAT. 1822]]
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.
[[Page 126 STAT. 1823]]
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.
[[Page 126 STAT. 1824]]
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. <<NOTE: 10 USC 2304 note.>> REVIEW AND JUSTIFICATION OF
PASS-THROUGH CONTRACTS.
Not <<NOTE: Deadline.>> 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;
[[Page 126 STAT. 1825]]
(2) <<NOTE: Determination.>> 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) <<NOTE: Deadline. 10 USC 1705 note.>> 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
[[Page 126 STAT. 1826]]
processes for designating temporary members and appropriate safeguards
to prevent the abuse of such authority.
SEC. 804. <<NOTE: 10 USC 2302 note.>> 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) <<NOTE: Deadline.>> 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
[[Page 126 STAT. 1827]]
(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;
[[Page 126 STAT. 1828]]
(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. <<NOTE: 10 USC 2430 note.>> LIMITATION ON USE OF COST-
TYPE CONTRACTS.
(a) Prohibition With Respect to Production of Major Defense
Acquisition Programs.--Not later
than <<NOTE: Deadline. Regulations.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Effective date.>> 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.
[[Page 126 STAT. 1829]]
SEC. 812. ESTIMATES OF POTENTIAL TERMINATION LIABILITY OF
CONTRACTS FOR THE DEVELOPMENT OR
PRODUCTION OF MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Definition.>> 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)''.
[[Page 126 STAT. 1830]]
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) <<NOTE: Effective date.>> 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. <<NOTE: 10 USC 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.--
[[Page 126 STAT. 1831]]
``(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
[[Page 126 STAT. 1832]]
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, <<NOTE: 10 USC prec.
2301.>> 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. <<NOTE: 10 USC 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.''.
[[Page 126 STAT. 1833]]
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter <<NOTE: 10 USC prec. 1701.>> 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. <<NOTE: Applicability.>> 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
[[Page 126 STAT. 1834]]
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--
[[Page 126 STAT. 1835]]
``(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):
[[Page 126 STAT. 1836]]
``(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) <<NOTE: 10 USC 2324 note.>> 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) <<NOTE: 10 USC 2324 note. Applicability.>> 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) <<NOTE: Deadline.>> 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
[[Page 126 STAT. 1837]]
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. <<NOTE: 41 USC 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.--
[[Page 126 STAT. 1838]]
``(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. <<NOTE: Determination. Reports.>> 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) <<NOTE: Deadline. Determination. Order.>> 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
[[Page 126 STAT. 1839]]
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) <<NOTE: Deadlines.>> 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. <<NOTE: Time period.>> 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.
[[Page 126 STAT. 1840]]
``(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 <<NOTE: 41 USC prec. 4701.>> 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) <<NOTE: 41 USC 4712 note. Applicability.>> 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
[[Page 126 STAT. 1841]]
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) <<NOTE: Deadline.>> 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.-- <<NOTE: Time period.>> 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. <<NOTE: 10 USC 2302 note.>> EXTENSION OF CONTRACTOR
CONFLICT OF INTEREST LIMITATIONS.
(a) Assessment of Extension of Limitations to Certain Additional
Functions and Contracts.--Not later than <<NOTE: Deadline. Review.>> 180
days
[[Page 126 STAT. 1842]]
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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Documentation.>> 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. <<NOTE: 10 USC 2306a note. Deadlines.>> 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.
[[Page 126 STAT. 1843]]
(b) <<NOTE: Plans.>> 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) <<NOTE: Time periods.>> 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.
[[Page 126 STAT. 1844]]
SEC. 832. <<NOTE: 10 USC 2313 note.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 2302 note.>> 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--
[[Page 126 STAT. 1845]]
``(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. <<NOTE: 10 USC 2302 note.>> RESPONSIBILITY WITHIN
DEPARTMENT OF DEFENSE FOR OPERATIONAL
CONTRACT SUPPORT.
(a) <<NOTE: Deadline.>> 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
[[Page 126 STAT. 1846]]
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. <<NOTE: 10 USC 2302 note.>> DATA COLLECTION ON CONTRACT
SUPPORT FOR FUTURE OVERSEAS CONTINGENCY
OPERATIONS INVOLVING COMBAT OPERATIONS.
(a) <<NOTE: Deadline. Guidance.>> 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.
[[Page 126 STAT. 1847]]
(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.
[[Page 126 STAT. 1848]]
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. <<NOTE: 10 USC 2302 note.>> 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) <<NOTE: Deadline.>> 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--
[[Page 126 STAT. 1849]]
(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) <<NOTE: Deadline.>> 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,
[[Page 126 STAT. 1850]]
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) <<NOTE: Definition.>> 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)'';
[[Page 126 STAT. 1851]]
(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. <<NOTE: 5 USC app. 8L.>> SPECIAL PROVISIONS CONCERNING
OVERSEAS CONTINGENCY OPERATIONS.
``(a) <<NOTE: Time period.>> 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.--
<<NOTE: Designation. Deadline. Time period.>> (1) A lead Inspector
General for an overseas contingency operation shall be designated by the
Chair of the Council
[[Page 126 STAT. 1852]]
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) <<NOTE: Deadline. Web posting. Public
information. Reports.>> 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.
[[Page 126 STAT. 1853]]
``(G) <<NOTE: Deadline. Web posting. Public
information. Reports.>> 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;''.
[[Page 126 STAT. 1854]]
(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. <<NOTE: 22 USC 2151 note.>> REPORTS ON RESPONSIBILITY
WITHIN DEPARTMENT OF STATE AND THE UNITED
STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT FOR CONTRACT SUPPORT FOR
OVERSEAS CONTINGENCY OPERATIONS.
(a) <<NOTE: Consultation. Assessment.>> 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
[[Page 126 STAT. 1855]]
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. <<NOTE: 41 USC 3312 note.>> 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 <<NOTE: 41 USC prec.
3301.>> is amended by adding at the end the following new item:
``3312. Database on price trends of items and services under Federal
contracts.''.
(b) <<NOTE: 41 USC 3312 note.>> 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.
[[Page 126 STAT. 1856]]
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. <<NOTE: 41 USC 1126 note.>> INCLUSION OF DATA ON
CONTRACTOR PERFORMANCE IN PAST PERFORMANCE
DATABASES FOR EXECUTIVE AGENCY SOURCE
SELECTION DECISIONS.
(a) Strategy Required.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Deadlines.>> 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,
[[Page 126 STAT. 1857]]
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. <<NOTE: 31 USC 6101 note.>> 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) <<NOTE: Deadline.>> 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--
[[Page 126 STAT. 1858]]
(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.
[[Page 126 STAT. 1859]]
``(2) The term `Interagency Committee on Debarment and
Suspension' means the committee constituted under sections 4 and
5 of Executive Order No. 12549.''.
(c) <<NOTE: Definition.>> 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. <<NOTE: 41 USC prec. 3101 note. Deadline.>> 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. <<NOTE: Time period. Effective date.>> --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
[[Page 126 STAT. 1860]]
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
[[Page 126 STAT. 1861]]
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.
[[Page 126 STAT. 1862]]
SEC. 866. PLAN TO INCREASE NUMBER OF CONTRACTORS ELIGIBLE FOR
CONTRACTS UNDER AIR FORCE NETCENTS-2
CONTRACT.
(a) <<NOTE: Deadline.>> 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.
[[Page 126 STAT. 1863]]
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
[[Page 126 STAT. 1864]]
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''.
[[Page 126 STAT. 1865]]
(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. <<NOTE: 10 USC 2302 note.>> 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.
[[Page 126 STAT. 1866]]
SEC. 903. <<NOTE: 10 USC 113 note.>> DESIGNATION OF DEPARTMENT OF
DEFENSE SENIOR OFFICIAL FOR ENTERPRISE
RESOURCE PLANNING SYSTEM DATA CONVERSION.
Not <<NOTE: Deadline.>> 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) <<NOTE: President.>> 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
[[Page 126 STAT. 1867]]
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
[[Page 126 STAT. 1868]]
of the military departments to carry out the
responsibilities prescribed by this section.''.
(h) <<NOTE: 10 USC 133 note.>> 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
[[Page 126 STAT. 1869]]
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.''.
[[Page 126 STAT. 1870]]
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. <<NOTE: 10 USC 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
[[Page 126 STAT. 1871]]
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.-- <<NOTE: Determination.>> 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) <<NOTE: Notification.>> 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
[[Page 126 STAT. 1872]]
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 <<NOTE: 10 USC prec. 2271.>> 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. <<NOTE: 10 USC 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) <<NOTE: Determination.>> 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--
[[Page 126 STAT. 1873]]
``(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:
[[Page 126 STAT. 1874]]
``(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, <<NOTE: 10 USC prec. 2271.>> 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) <<NOTE: 51 USC 30701 note.>> 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) <<NOTE: President.>> 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) <<NOTE: 51 USC 30701 note.>> 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.
[[Page 126 STAT. 1875]]
(B) Termination of
requirement. <<NOTE: President. Certification.>> --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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 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
[[Page 126 STAT. 1876]]
the information required under subsection (b)(2) in
unclassified form.
``(B) <<NOTE: Determination.>> 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, <<NOTE: 10 USC prec. 2271.>> 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) <<NOTE: Establishment.>> 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) <<NOTE: Establishment.>> 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.
[[Page 126 STAT. 1877]]
``(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
[[Page 126 STAT. 1878]]
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, <<NOTE: 10 USC prec. 441.>> 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-
[[Page 126 STAT. 1879]]
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) <<NOTE: 10 USC prec. 2161.>> 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) <<NOTE: Reports. Deadline.>> 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,
[[Page 126 STAT. 1880]]
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) <<NOTE: Deadline. Reports.>> 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
[[Page 126 STAT. 1881]]
(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) <<NOTE: Deadline.>> 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.
[[Page 126 STAT. 1882]]
(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
[[Page 126 STAT. 1883]]
(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. <<NOTE: Deadlines.>> 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
[[Page 126 STAT. 1884]]
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) <<NOTE: Reports.>> 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. <<NOTE: 10 USC 2224 note.>> 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;
[[Page 126 STAT. 1885]]
(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. <<NOTE: Deadline.>> --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. <<NOTE: 10 USC 2225 note.>> COMPETITION IN CONNECTION
WITH DEPARTMENT OF DEFENSE TACTICAL DATA
LINK SYSTEMS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Inventory.>> develop an inventory of all
tactical data link systems in use and in development in the
Department of Defense, including interfaces and waveforms;
(2) <<NOTE: Analysis.>> 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
[[Page 126 STAT. 1886]]
(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) <<NOTE: Plans.>> 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. <<NOTE: 10 USC 2223 note.>> 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. <<NOTE: 10 USC 2223 note.>> COMPETITION FOR LARGE-SCALE
SOFTWARE DATABASE AND DATA ANALYSIS TOOLS.
(a) Analysis.--
[[Page 126 STAT. 1887]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadlines.>> 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. <<NOTE: 10 USC 2223 note.>> SOFTWARE LICENSES OF THE
DEPARTMENT OF DEFENSE.
(a) Plan for Inventory of Licenses.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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).
[[Page 126 STAT. 1888]]
(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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 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) <<NOTE: Deadline. 10 USC 484 note.>> 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, <<NOTE: 10 USC prec.
480.>> 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--
[[Page 126 STAT. 1889]]
(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. <<NOTE: 10 USC 2224 note.>> 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.--
[[Page 126 STAT. 1890]]
(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.--
[[Page 126 STAT. 1891]]
(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'';
[[Page 126 STAT. 1892]]
(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) <<NOTE: Determination.>> 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);
[[Page 126 STAT. 1893]]
``(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) <<NOTE: Deadline.>> 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:
[[Page 126 STAT. 1894]]
``(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.-- <<NOTE: Deadlines.>> (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.
[[Page 126 STAT. 1895]]
``(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. <<NOTE: Plans.>> 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. <<NOTE: 50 USC 1913.>> 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.
[[Page 126 STAT. 1896]]
``(e) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 129a note.>> SAVINGS TO BE ACHIEVED IN
CIVILIAN PERSONNEL WORKFORCE AND SERVICE
CONTRACTOR WORKFORCE OF THE DEPARTMENT OF
DEFENSE.
(a) Required Plan.--
[[Page 126 STAT. 1897]]
(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. <<NOTE: Deadline.>> 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
[[Page 126 STAT. 1898]]
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.
[[Page 126 STAT. 1899]]
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
[[Page 126 STAT. 1900]]
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.
[[Page 126 STAT. 1901]]
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.
[[Page 126 STAT. 1902]]
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) <<NOTE: Determinations.>> 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).
[[Page 126 STAT. 1903]]
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) <<NOTE: Deadline. Lists.>> 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.
[[Page 126 STAT. 1904]]
(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) <<NOTE: 10 USC 2222 note. Deadline.>> 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) <<NOTE: Time period.>> 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;
[[Page 126 STAT. 1905]]
(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 <<NOTE: Web posting. Public information.>> 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 <<NOTE: Lists.>> 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:
[[Page 126 STAT. 1906]]
``(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) <<NOTE: Time periods.>> 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.
[[Page 126 STAT. 1907]]
(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
[[Page 126 STAT. 1908]]
(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), <<NOTE: 10
USC 7291 note.>> is amended by striking ``Secretary of Defense'' and all
that follows through the period and inserting the following:
``Secretary <<NOTE: Notification.>> 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.
[[Page 126 STAT. 1909]]
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
[[Page 126 STAT. 1910]]
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) <<NOTE: 10 USC 7292 note.>> 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:
[[Page 126 STAT. 1911]]
``(d)(1) <<NOTE: Time period. Reports.>> 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) <<NOTE: 10 USC 7292 note.>> 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
[[Page 126 STAT. 1912]]
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) <<NOTE: 10 USC 801 note.>> 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
[[Page 126 STAT. 1913]]
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. <<NOTE: 10 USC 801 note.>> 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. <<NOTE: Deadline.>> 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.
[[Page 126 STAT. 1914]]
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 <<NOTE: Khalid Sheikh Mohammed.>> 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. <<NOTE: 10 USC 801 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Consultation.>> Certification.--A certification
described in this subsection is a written certification made by the
Secretary of Defense, with
[[Page 126 STAT. 1915]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Consultation. Determination.>> 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--
[[Page 126 STAT. 1916]]
(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
[[Page 126 STAT. 1917]]
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. <<NOTE: 10 USC 801 note.>> 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:
[[Page 126 STAT. 1918]]
``(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, <<NOTE: 10 USC prec. 491.>> 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, <<NOTE: 10 USC prec.
101.>> 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 <<NOTE: 10 USC prec. 480.>> 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
[[Page 126 STAT. 1919]]
(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), <<NOTE: 10
USC prec. 491.>> 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) <<NOTE: 10 USC 490a note.>> 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) <<NOTE: Deadline. President.>> 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) <<NOTE: President.>> 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
[[Page 126 STAT. 1920]]
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) <<NOTE: President. Determination.>> 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--
[[Page 126 STAT. 1921]]
``(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), <<NOTE: 10 USC prec.
491.>> 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--
[[Page 126 STAT. 1922]]
(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) <<NOTE: 10 USC 494 note.>> Effective date.--The
amendment made by paragraph (1)(D) shall take effect on October
1, 2012.
SEC. 1034. <<NOTE: President.>> 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) <<NOTE: Reports.>> 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. <<NOTE: Deadline.>> 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).
[[Page 126 STAT. 1923]]
``(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. <<NOTE: President.>> 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. <<NOTE: 10 USC 495.>> Strategic delivery systems
``(a) <<NOTE: Effective date.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Plans.>> a plan to preserve or retain
the military capability that would otherwise be lost; or
``(B) a report setting forth--
``(i) <<NOTE: Assessment.>> 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
[[Page 126 STAT. 1924]]
in declaration 12 of the Resolution of Advice and Consent to
Ratification of the New START Treaty.
``(c) <<NOTE: Deadline.>> 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) <<NOTE: Certification.>> 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 <<NOTE: 10 USC prec. 491.>> 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. <<NOTE: 10 USC 496.>> Consideration of expansion of
nuclear forces of other countries
``(a) <<NOTE: President.>> 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--
[[Page 126 STAT. 1925]]
``(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 <<NOTE: 10 USC prec. 491.>> 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'');
[[Page 126 STAT. 1926]]
(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. <<NOTE: President. 10 USC 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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.
[[Page 126 STAT. 1927]]
``(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), <<NOTE: 10 USC prec. 491.>> is amended by
inserting after section 497, as added by section 1037(b)(1), the
following new section:
``Sec. 498 <<NOTE: 10 USC 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 <<NOTE: 10 USC 491.>> 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)--
[[Page 126 STAT. 1928]]
(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) <<NOTE: Certification.>> 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) <<NOTE: Determination. Notification.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 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').
[[Page 126 STAT. 1929]]
``(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--
[[Page 126 STAT. 1930]]
``(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 <<NOTE: 10 USC prec. 171.>> 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) <<NOTE: 10 USC 188 note.>> 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 Home